BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 18, 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, March 18, 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
AGENDA ITEM NO. 2: Consider approval of Consent Agenda:
a. Minutes from the March 4, 2013 regular meeting.
b. Budget Amendment Capital Fund 301
To amend budget for grant the Fire Department received to purchase Compressed Air Fill Station
c. Acknowledge the following minutes:
• Planning Committee minutes from January 2, 2013 and February 6, 2013
• License Payment Report for February 2013
• Project Payment Report for February 2013
d. Authorize staff to advertise for bids on the FY12-13 ADA Handicap Ramps and Sidewalk Project.
e. Mayor’s Appointment:
Shawnee Civic and Cultural Development Authority
Susan Havens 1st Full Term Expires 12/31/16
Replaces Jim Lowe – termed out
A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the Consent Agenda items 2(a-e). Motion carried 5-0.
Susan Morris and several Red Cross volunteers accepted the Mayor’s Proclamation for “Red Cross Month” presented by Mayor Mainord.
“Fair Housing Month”
April 2013
Community Development Director Justin Erickson accepted the Mayor’s Proclamation for “Fair Housing Month” presented by Mayor Mainord.
AGENDA ITEM NO. 5: Public hearing for consideration of an ordinance approving rezone of property from R-1; Residential Single Family Dwelling and C-1; Neighborhood Commercial to C-3; Automotive Commercial and Recreation for property located at 4016 and 4020 North Kickapoo. Case #P21-12 Deferred from the January 7, 2013 Commission meeting.
Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property from R-1; Residential Single Family Dwelling and C-1; Neighborhood Commercial to C-3; Automotive Commercial and Recreation for property located at 4016 and 4020 North Kickapoo. No one appeared in favor/against said rezoning and the public hearing was closed. Justin Erickson gave the staff report and explained that the Planning Commission had recommended the C-1; Neighborhood Commercial District rather than the C-3; Automotive and Recreation District requested by the Applicant. Mr. Erickson concurs with the Planning Commission recommendation.
A motion was made by Vice Mayor, seconded by Commissioner Hall, to approve the ordinance rezoning property from R-1; Residential Single Family Dwelling and C-1; Neighborhood Commercial to C-1; Neighborhood Commercial District for property located at 4016 and 4020 North Kickapoo.
Ordinance No. 2497NS was introduced.
AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: LOT FIVE (5), BLOCK TWO (2), COLLEGE VIEW ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM R-1; SINGLE FAMILY RESIDENTIAL TO C-1; NEIGHBORHOOD COMMERCIAL; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
Ordinance No. 2497NS was adopted by the City Commission.
AGENDA ITEM NO. 6: Public hearing for consideration of an ordinance approving rezone of property from A-1; Agricultural to RE; Rural Estates for property located at 18901 Brangus Road. Case #P03-12 Applicant: Joseph Crossley
Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property from A-1; Agricultural to RE; Rural Estates for property located at 18901 Brangus Road. Applicant, Mr. Joseph Crossley came before the Commission to discuss his intended use of the property if rezoning is approved. No one appeared to speak against said rezoning and the public hearing was closed.
A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod , to approve the ordinance rezoning property from A-1; Agricultural to RE; Rural Estates for property located at 18901 Brangus Road.
Ordinance No. 2498NS was introduced.
AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: A TRACT OF LAND DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (S/2 SW/4 SW/4) OF SECTION THIRTY-FOUR (34), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST; THENCE N0˚03'00" W A DISTANCE OF 663.16 FEET; THENCE N89˚59'51" E A DISTANCE OF 326.17 FEET; THENCE S0˚00'34" E 662.93'; THENCE S89˚57'22" W A DISTANCE OF 325.71 FEET TO THE POINT OF BEGINNING; ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO RE; RURAL ESTATES; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
Ordinance No. 2498NS was adopted by the City Commission.
AGENDA ITEM NO. 7: Consideration of approval of a preliminary plat for Chris’ Addition located on East Bradley Street to the west of Lantana Court. Case #S01-13 Applicant: Greg Brown Homes, LLC
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve the preliminary plat for Chris’ Addition located on East Bradley Street to the west of Lantana Court. Motion carried 5-0.
AGENDA ITEM NO. 8: Consideration of approval of a final plat for Chris’ Addition located on East Bradley Street to the west of Lantana Court. Case #S02-13 Applicant: Greg Brown Homes, LLC
A motion was made by Commissioner Hall, seconded by Commissioner Agee, to approve the final plat for Chris’ Addition located on East Bradley Street to the west of Lantana Court. Motion carried t-0.
AGENDA ITEM NO. 9: Discussion, consideration and possible action on an ordinance adopting the Statewide Minimum Building Codes (Update of Existing Regulations)
Justin Erickson explained to the Commission that the ordinance presented for consideration is only for adoption of minimum building codes as determined by the State of Oklahoma. Individual municipalities may adopt more stringent codes if needed. Mr. Erickson noted that this ordinance does not become effective until 60 days after its adoption to allow builders sufficient notice of the change.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve an ordinance adopting the Statewide Minimum Building Codes (Update of Existing Regulations).
Ordinance No. 2499NS was introduced.
AN ORDINANCE OF THE CITY OF SHAWNEE ADOPTING THE 2009 INTERNATIONAL BUILDING CODE, 2011 NATIONAL ELECTRICAL CODE, 2009 INTERNATIONAL FUEL GAS CODE, 2009 INTERNATIONAL MECHANICAL CODE, 2009 INTERNATIONAL PLUMBING CODE, 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, 2009 EXISTING BUILDING CODE, 2009 INTERNATIONAL FIRE CODE, REPEALING ALL SECTIONS IN CONFLICT THEREWITH AND PROVIDING FOR SEVERABILITY.
Ordinance No. 2499NS was adopted by the City Commission.
AGENDA ITEM NO. 10: Acknowledge Sales Tax Report received March 2013.
Cynthia Sementelli, Finance Director, reported that the sales tax from March was up $34,726.00 this month or 2.76% compared to last year actual for the same time frame. March Sales tax amount received plus interest was $1,291,532.00 which accumulatively for the fiscal year we are up $455,529 or 3.60%.
AGENDA ITEM NO. 11: Discussion of red cedar tree eradication around Shawnee Twin Lakes.
Commissioner Agee introduced this item to the Commission and provided an information packet for their review. Commissioner Agee noted that the areas of concern regarding these trees are their proliferation around the watershed and the amount of water each tree removes from the soil. Among another area of concern is the fire danger they pose. Commissioner Agee would like to accomplish the following:
1. Set aside funds in the 2014-14 SMA budget to begin red cedar removal on city land around Shawnee Lake.
2. Invite Dr. Don Turton with the Oklahoma State University Oklahoma Water Resources Research Institute to speak to the City Commission about the results of their study on the Eastern Red Cedar’s impact on stream flow. (Commission Agee stated that Dr. Turton was available to speak at the April 15, 2013 City Commission meeting.)
3. Vote on a resolution of support for House Bill 1513 (authored by Rep. Richard Morrissette) which directs Career Technology Centers to provide training to inmates on harvesting red cedars.
4. Work with Pottawatomie County Commissioners and the Natural Resource Conservation Service on a plan to begin removing red cedars from city property in the watershed around the lake. (Commissioner Agee attended the County Commissioners meeting and stated the county is willing to work with the city to address the problem.)
5. Investigate the use of labor by work-release inmates as authorized by Senate Bill 1539.
Commissioner Agee also noted that Oklahoma County is already working with Oklahoma City to remove red cedars around Lake Hefner.
It was the consensus of the Commissioners to pursue the issue further and invite Dr. Turton to speak at the April 15th City Commission meeting.
AGENDA ITEM NO. 12: 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. 13: Administrative Reports
There was no Administrative Reports.
AGENDA ITEM NO. 14: Commissioners Comments
There was no Commissioners Comments.
AGENDA ITEM NO. 15: Adjournment
There being no further business to be considered, Mayor Mainord adjourned the meeting by the power of the chair at 7:20 p.m.
WES MAINORD, MAYOR
ATTEST:
_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK
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