September 20, 2022 City Commission Meeting

Announcements

• Downtown Block Party: The city will host its second Downtown Block Party on 📅 Thursday, September 22nd, at 6 PM. This free family event will feature Zumba with Candy, live music by Shawna Russell, a martial arts demonstration by Spherical Self-Defense, and various activities for children. Coney Island will have extended hours, and a local taco truck, Victorious, will be present.
• Homelessness Community Meetings: Two community information meetings regarding homelessness will be held at Generations Church (130 South Oklahoma Avenue):
  • 📅 Tuesday, September 20th, at 7 PM
  • 📅 Thursday, September 22nd, at 2 PM

Public Comments

Citizens addressed the Council with several concerns:

• Property Damage & Fire Hydrant Relocation: Carol Curry of 616 West Burns reported property damage to her sewer and gas lines caused by a city fire hydrant installed in 2013. She stated the city denied her application for expenses and landscaping repair. With the hydrant still on her service lines, she requested the city relocate the hydrant properly off her property due to high risk of further damage.
• Contract Review, Resource Center Showers, and Burned Building: Rob Morris raised questions about the Contract Review Committee, noting the public is not allowed to speak. He stated that showers at the Resource Center were still in use past the 📅 September 1st deadline and questioned who was paying for the refuse water pump-out. He also commented on the burned building at 524 West Main, suggesting the city was at fault for placing a lien on property owners for cleanup after vagrants, who allegedly threatened to burn the building, were evicted without the owners' permission.
• Increased Homeless Presence: Edwina Butler-Wolf from the Golden Acres Edition expressed concern over an increased presence of homeless individuals in her neighborhood, near the park and a church. She mentioned neighbors reporting tents in bushes and voiced safety concerns for residents and property. She urged the Council to take more decisive action, noting a perception that Shawnee's resources attract homeless individuals.
• Untended City Property and Employee Conduct: Vicky Wilson highlighted areas in South Side, including Milstead Park and roads like 177 and Kickapoo, where grass was excessively tall, with some parents resorting to cutting it themselves. She reported unreturned calls to City Parks and trash accumulation. She also questioned a city park employee driving a company truck home to Seminole, asking who covers the gas costs.
• Representative Government and the Unhoused: Rick Young congratulated the new Commissioner and advocated for Ward voting for true representative government. He spoke on behalf of "volunteer unselected stakeholders" (citizens) and emphasized distinguishing between "homeless" and "unhoused" individuals, noting the latter often have diverse challenges. He urged the city to acknowledge and address the problem, citing 860 unhoused people in Shawnee, and to connect them with appropriate help.

Key Decisions & Votes

• Consent Agenda: The City Council approved the Consent Agenda. (Vote: 6-0, 1 abstention)
• Memorandum of Understanding (MOU) with Citizen Potawatomi Nation: The Council approved the MOU for the transfer of wastewater infrastructure in the DNX area. This agreement outlines roles and responsibilities for the orderly transfer of sewer infrastructure, with the CPN proposing to build a necessary lift station. (Vote: 7-0)
• Purchase of Traffic Signal Control Cabinets: The Council approved the purchase of five traffic signal control cabinets from Signal Tech for an estimated total of $95,000. These will replace outdated units and standardize the city's traffic signal system, ensuring compatibility with future projects like the 45th Street expansion. (Vote: 7-0)
• Rezoning Application RZ-11-22 (1910 West Benedict Street): The public hearing and consideration of an ordinance to rezone property at 1910 West Benedict Street from A1 (Rural Agricultural) to R1 (Single Family Residential) was deferred to the 📅 October 17, 2022, City Commission meeting at the applicant's request for further discussion and refinement of their development concept. (Vote: 7-0)
• Rezoning Application RZ-12-22 (4029 & 4031 North Union Avenue): The public hearing and consideration of an ordinance to rezone properties at 4029 and 4031 North Union Avenue from R1 (Single Family Residential) to C3 (Highway Commercial) was deferred to the 📅 October 17, 2022, City Commission meeting. This deferment allows for re-advertising with a full and complete legal description, as the applicant had inadvertently submitted only a partial description. (Vote: 7-0)
• High Hazard Potential Dams Grant Agreement: The Council approved the grant agreement with the Oklahoma Water Resources Board (OWRB) for the rehabilitation of High Hazard Potential Dams. This 65-35 split grant (up to $100,000 total, with OWRB contributing $65,000 and the city $35,000) will fund field investigation and design for the Lake Dam #1 mitigation project. (Vote: 7-0)
• Budget Amendments for FY 2022-2023: The Council approved budget amendments totaling $1,028,825 across several funds. Key amendments included:
  • Capital Improvement Fund ($159,178): To cover increased costs for two previously approved police vehicles and the purchase of three additional vehicles due to availability, funded by projected excess sales tax collections.
  • Position Adjustments: To fund 4.5 positions inadvertently excluded from the budget, funded by projected excess revenues in the General Fund and Shawnee Municipal Authority (SMA).
  • Prior Year Projects ($91,463): To fund the Love Your Block grant, a patch truck for the streets department, and a lighted stop sign on Highland Street, funded by prior year fund balance.
  • Grant Appropriations ($411,874): For the new Community Development Block Grant (primarily for mortgage, rental, and utility assistance) and additional appropriation for the HUD Emergency Solutions Grant (for homelessness prevention and emergency shelter), both on a reimbursement basis.
  • Retiree Health Insurance ($151,000): To cover payments excluded from the current year's budget, part of a 2018 retirement incentive program, funded by the General Fund and SMA. (Vote: 7-0)
• Purchase of Police Vehicles: The Council approved the purchase of five Dodge Charger police vehicles from Bob Howard Jeep Chrysler Dodge for a total of $180,990 ($36,198 each). This purchase addresses increased vehicle costs and a short timeline, as production of the gas model Chargers is expected to cease in December, with a 10-12 month turnaround for delivery. (Vote: 7-0)
• Shawnee Lake Dam Improvements Bids: The Council rejected all bids for the Shawnee Lake Dam Improvements project. Two bids were received ($2,431,296 and $4,294,494.87), both significantly exceeding the city's budgeted amount and the engineer's estimate. Staff recommended rejection to re-evaluate project goals, explore alternative methods, and potentially package the project with other ongoing initiatives. (Vote: 7-0)

Financial Matters

• Monthly Sales Tax Reports: The Council acknowledged the September sales tax report.
  • Sales tax collections for September totaled $2,146,092, which is 10% over projections for the month.
  • Year-to-date, the city is $828,559 over projections, with the majority of this surplus in the General Fund.
  • Use tax collections are also up $59,000 (7%) above projected year-to-date.

Administrative Reports (Information Only)

• Additional Sales Tax to Support Capital Improvement Needs: An administrative report detailed a proposed 0.5% sales tax as an alternative to the Utility Improvement Fee (UIF).
  • This sales tax would fund infrastructure capital improvements, including debt service for the Wastewater Treatment Plant.
  • Benefits include eliminating the UIF before its 📅 March 1, 2023, implementation, empowering voters, and sharing costs with visitors rather than solely burdening residents.
  • A 0.5% sales tax is estimated to generate over $3.56 million annually, exceeding the maximum annual debt service for the 2022 CWS RF loan ($3.26 million), creating a surplus for other infrastructure needs.
  • The report outlined a tentative timeline: election call on 📅 October 3, 2022; election on 📅 January 10, 2023; UIF elimination on 📅 February 6, 2023; and sales tax collection beginning 📅 April 1, 2023.
  • With the additional half-cent, Shawnee's municipal sales tax rate would be 4%, aligning it with many other top cities in Oklahoma.
• Utility Rates and Fees: An overview of the Shawnee Municipal Authority's (SMA) utility rates and fees was presented.
  • The report highlighted that a 2008 study recommended significantly higher rates than those actually implemented, which would have provided an additional $3.6 million annually.
  • Water and sewer rates saw periods of no adjustment for 5-6 years, with annual Consumer Price Index (CPI) based reviews implemented in 2020 (3% increase in 2022).
  • Various specific fees (transfer, processing, rescheduling, etc.) generate approximately $147,000 annually, representing 1.05% of SMA's revenue.
  • A monthly meter maintenance fee ($6 for residential) covers loan payments for the Smart Meter project and ongoing maintenance.
  • SMA funds are allocated to maintenance and operations, capital improvements (including $3.4 million in annual debt service through 2051), and transfers to the General Fund ($4.3 million annually). The report concluded that SMA operates on an "exceptionally lean basis."
• Santa Fe Depot Update: An update on the Santa Fe Depot project reiterated the vision to preserve history, honor Shawnee, generate revenue, and activate downtown.
  • Preferred functions include a visitor center, community/venue space, art/performing arts center, farmers market, and restaurant.
  • An example from Santa Fe, New Mexico, showcased a large-scale redevelopment of a depot and surrounding area, involving public-private partnerships and diverse funding sources.
  • Staff is pursuing a Transportation Alternatives Grant from the Oklahoma Department of Transportation (ODOT) by the end of the month, seeking up to $1 million for Phase 1 construction (roof and building envelope). Grant awards are expected in Spring 2023.
  • Discussions are ongoing with the architect to refresh initial design work and with the Pottawatomie County Historical Society (PCHS) regarding potential leasing arrangements.
• Unified Development Code Project: A report on the Unified Development Code (UDC) project, presented by Ryan Harkins and Dawn Warwick from Freese Nichols, outlined progress on Phase 1 (Code Diagnostic).
  • The diagnostic report, now complete and available online, synthesizes stakeholder input and reviews existing codes (Zoning Code from 2014, Subdivision Regulations from 1990, Sign Code from 1999).
  • The UDC aims to consolidate and update these regulations into a single, user-friendly document to increase housing variety and affordability, promote economic vitality, improve connectivity, clarify codes, and enhance resource management.
  • Key recommendations include addressing infill development, improving subdivision regulations, clarifying definitions, consolidating zoning districts, balancing dimensional requirements, reviewing parking, updating landscaping and signage (to be content-neutral), improving outdoor lighting, and streamlining administrative processes.
  • The project will now move into the code development phase, with modules (starting with General Provisions and Subdivision Regulations) being drafted and reviewed by staff over the next 12-14 months.

Agenda Summary Table