BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 7, 2013 AT 6:30 P.M.
The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, January 7, 2013 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mainord presided and called the meeting to order. Upon roll call, the following members were in attendance.
Wes Mainord
Mayor
Pam Stephens Linda Agee
Commissioner Ward 1 Commissioner Ward 2
James Harrod Keith Hall
Commissioner Ward 3-Vice Mayor Commissioner Ward 4
John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6
ABSENT: None
INVOCATION Rev. Ray Belford
First Christian Church
FLAG SALUTE
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Agenda. Motion carried 7-0.
AGENDA ITEM NO. 3: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 4: A public hearing to consider an ordinance rezoning property located at 4016 and 4020 North Kickapoo from R-1; Residential (Single Family Dwelling) and C-1; Neighborhood Commercial to C-3; Automotive, Commercial and Recreation Retail. Case No. P21-12 Applicant: Nelmon Brauning. Deferred from the December 17, 2012 meeting.
Continued to the March Planning Commission meeting at the request of the applicant.
Community Development Director Justin Erickson gave the staff report and requested that this item be deferred to the March 18, 2013 Commission meeting. A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to defer the item to the March 18, 2013 City Commission meeting. Motion carried 7-0.
AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None
AGENDA ITEM NO. 5: A public hearing and consideration of an ordinance rezoning property located at 702 East Main from I-2; Restricted Light Industrial to C-3; Automotive, Commercial and Recreation. Case #P01-13 Applicant: Steve Buoy
Mr. Erickson advised that the Planning Commission recommended denial of this rezoning request. He stated that rezoning the property is warranted, however C-4 (Downtown Business District) is the most appropriate classification. At a future time, the City will initiate a rezoning for that area, however requirements concerning permitted uses will need to be considered.
Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at 702 East Main from I-2; Restricted Light Industrial to C-3; Automotive, Commercial and Recreation. No one appeared in favor/against said rezoning and the public hearing was closed.
A motion was made by Vice Mayor Harrod , seconded by Commissioner Smith, to follow staff’s recommendation and deny the ordinance rezoning property located at 702 East Main from I-2; Restricted Light Industrial to C-3; Automotive, Commercial and Recreation. Motion carried 7-0.
AYE: Harrod, Smith, Stephens, Agee, Mainord, Hall, Winterringer
NAY: None
.
AGENDA ITEM NO. 6: A public hearing and consideration of an ordinance rezoning property located at the 4200 Block of North Harrison from A-1; Agricultural to C-3; Automotive, Commercial and Recreation. Case #P02-13 Applicant: Landes Engineering
Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at the 4200 Block of North Harrison from A-1; Agricultural to C-3; Automotive, Commercial and Recreation. Mr. Carl Packwood appeared in favor of said rezoning and addressed the flood plain issue. No one appeared against said rezoning and the public hearing was closed.
A motion was made by Commissioner Hall, seconded by Commissioner Winterringer, to approve the ordinance rezoning property located at the 4200 Block of North Harrison from A-1; Agricultural to C-3; Automotive, Commercial and Recreation.
Ordinance No. 2495NS was introduced.
AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF LAND LOCATED WITHIN GOVERNMENT LOT FOUR (4), SECTION FIVE (5), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA AND BEING FURTHER DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE N89°13’10”E ALONG THE NORTH LINE OF SAID LOT 4 450.08 FEET TO THE POINT OF BEGINNING; THENCE N89°13’10”E ALONG THE NORTH LINE OF SAID LOT 4 209.49 FEET; THENCE S01°43’46”E 1328.55 FEET; THENCE S89°05’10”W 527.83 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF HARRISON AVENUE (SH#18); THENCE N00°56’19”W ALONG SAID RIGHT-OF-WAY LINE 517.59 FEET TO THE SOUTHWEST CORNER OF LOT TWO (2), BLOCK ONE (1), VISION ADDITION, TO THE CITY OF SHAWNEE; THENCE S45°28’09”E 35.64 FEET; THENCE N90°00’00”E 111.17 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A 125.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CHORD BEARING OF S78°49’50”E, A CHORD LENGTH OF 48.43 FEET AND AN ARC DISTANCE OF 48.74 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, BLOCK 2, VISION ADDITION; THENCE N88°53’49”E A DISTANCE OF 116.57 FEET; THENCE N00°56’36”W 848.24 FEET TO THE POINT OF BEGINNING; REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO C-3; AUTOMOTIVE COMMERCIAL & RECREATION DISTRICT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
AGENDA ITEM NO. 7: Receive petition from R Town Real Estate Investments LLC for detachment of the West Half (W/2) of the Northwest Quarter (NW/4) of the Northeast Quarter (NE/4) of Section 17, Township 10 North, Range 2 East of the Indian Meridian, Pottawatomie County, Oklahoma; setting a date for public hearing on the petition; and authorizing staff to issue notice in accordance with law.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to authorize staff to set a public hearing on the petition received by R Town Real Estate Investments LLC for detachment of the West Half (W/2) of the Northwest Quarter (NW/4) of the Northeast Quarter (NE/4) of Section 17, Township 10 North, Range 2 East of the Indian Meridian, Pottawatomie County, Oklahoma on February 4, 2013 and to issue notice in accordance with law. Motion carried 7-0.
AGENDA ITEM NO. 8: Discussion, consideration and possible action on contract with Shawnee Area Chamber of Commerce to provide services of a Convention and Visitor’s Bureau.
City Manager Brian McDougal stated that he believed this to be a good contract. He further stated that the contract will be reviewed by the Contract Review Committee annually beginning this year.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve a contract with Shawnee Area Chamber of Commerce to provide services of a Convention and Visitor’s Bureau. Motion carried 6-1.
AYE: Harrod, Agee, Mainord, Hall, Winterringer, Stephens
NAY: Smith
AGENDA ITEM NO. 9: Consider approval of Retirement for Robert Billins from the Oklahoma Municipal Retirement Fund.
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to approve the Retirement for Robert Billins from the Oklahoma Municipal Retirement Fund. Motion carried 7-0.
AYE: Smith, Winterringer, Stephens, Agee, Harrod, Mainord, Hall
NAY: None
AGENDA ITEM NO.10: Consider Bids:
a. Federal Street Bridge Rehab Project Contract No. COS-PW-12-02 (Award)
City Engineer John Krywicki requested that the item be deferred to the January 22, 2013 City Commission meeting in order to go over financing and to prepare a budget amendment.
A motion was made by Commissioner Winterringer, seconded by Vice Mayor Harrod, to defer the item until the January 22, 2013 City Commission meeting. Motion carried 7-0.
AGENDA ITEM NO. 11: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)
There was no New Business.
AGENDA ITEM NO. 12: Administrative Reports
City Engineer John Krywicki advised a pre-work meeting was scheduled for January 23, 2013 for the Kickapoo widening project. He stated utilities relocation would begin on February 1, 2013.
AGENDA ITEM NO. 13: Commissioners Comments
Commissioner Smith advised there would be a Martin Luther King Celebration at the Union Baptist Church on January 13, 2013 at 3:00 p.m.
Commissioner Smith suggested that the City pay one-half of Bill Geist’s bill for work performed for the Greater Shawnee Area Chamber of Commerce.
Commissioner Smith also asked Fire Chief David Short to speak regarding the dangers of carbon monoxide poisoning. Chief Short spoke briefly regarding this danger and also informed citizens about the smoke detector program sponsored by the Shawnee Fire Department.
Commissioner Smith also asked City Attorney Mary Ann Karns to report on the current status of city warrants. Ms. Karns reported that the marshals are
doing a good job in serving and collecting on warrants through warrant sweeps and are also staying current in processing new warrants.
AGENDA ITEM NO. 14: Adjournment
There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:08 p.m.)
WES MAINORD, MAYOR
ATTEST:
_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK
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