November 23, 2016 City Commission Meeting

Announcements

• Oklahoma Municipal League Meetings: The next district dinner meeting is scheduled for 📅 November 29 at Cattlemen's, open to all commissioners.
• Veterans Memorial Wall Dedication: The Veterans Memorial Committee will dedicate the memorial wall on 📅 December 1st at Woodland Veterans Park.
• Pioneer Library: An agreement for Pioneer Library is expected next month, with ongoing special activities encouraged for citizens.

Key Decisions & Votes

• Consent Agenda Approved: The consent agenda, including routine administrative items, was approved by a 6-0 vote.
• Executive Sessions: The Council entered two executive sessions: one to discuss confidential communications regarding a pending claim and investigation into a hostile work environment, and another for economic development matters.
• Hostile Work Environment Complaint Resolution: Following the executive session, the Council voted 6-0 to direct the City Manager to carry out the resolution of complaints consistent with the recommendations of an independent third-party investigation.
• Rezoning at 4020 North Kickapoo Avenue: The Council approved the rezoning of a 0.72-acre property from C1 (Neighborhood Commercial) to C3 (Highway Commercial) to allow for the construction of a restaurant, likely a sandwich shop. Staff recommended approval with a condition for fencing on the west side to address residential lighting concerns.
• Sales Tax Rebate Agreement with Elmer Smith Oil Company: The Council approved a sales tax rebate agreement not to exceed $785,000 for Elmer Smith Oil Company. This rebate will help offset public infrastructure improvements for a new commercial development north of 45th Street and east of Harrison Avenue. Improvements include utilities, a traffic signal at Harrison and Fruiton Drive, sidewalks, and upgrades to Fruiton Drive. The agreement is for a seven-year period, beginning after the second structure is built, and is contingent on Pottawattamie County providing similar incentives. The development will feature 4 restaurant sites, 2 hotel sites, and a gas station, along with a 1.2-acre privately maintained public dog park.
• Rezoning at NE Corner of 45th Street and Harrison Avenue: The Council approved the rezoning of a 15-acre property from CP (Planned Shopping Center) to PUD (Planned Unit Development) for the Domino Plaza Addition. This mixed-use development will include restaurants, a convenience store/gas station, two hotels, and a privately maintained public dog park. The approval included two variances: one for a 20-foot utility perimeter easement (deemed unnecessary due to a creek) and another for an 80-foot freestanding sign at the northwest corner, in exchange for limiting other signs to 12-foot monument signs.
• Preliminary Plat for Domino Plaza Addition: The preliminary plat for the Domino Plaza Addition was accepted with ten conditions as recommended by staff.
• Street Closures and OBU Agreement Deferred: Two agenda items related to Oklahoma Baptist University (OBU) – a public hearing for an ordinance to close University Drive, Chapman Avenue, and Pottinger Avenue, and an agreement for vehicular access and roadway improvements – were deferred to 📅 December 19 at OBU's request.

Financial Matters

• Sales Tax Report (November 2016): The report reflected October sales, collected in November, totaling $1,460,000.
  • October sales were up $42,000 (2.95%) compared to the previous year.
  • Overall sales tax revenue is slightly down year-to-date but performing better than many other Oklahoma cities.
  • Wholesale trade was down approximately 2%.
  • Use tax was lower than last year, attributed to one-time large payments from the Shawnee Marketplace construction.
  • General fund revenues are down 1.9% overall.
  • Shawnee Municipal Authority (SMA) revenues show building permits as flat and main sales tax down 0.5%.
  • SMA general fund revenues collected totaled $6.9 million, slightly below last year's $7.1 million, which is typical for this time of year and also impacted by a tax rebate.
  • The finance department processed over 1,300 purchase orders, 3,000 payroll checks, 4,000 invoices, and 2,000 checks.

Public Comments

• Sales Tax Rebates: Mark Finley, representing local convenience stores, spoke against the sales tax rebate agreement for Elmer Smith Oil Company. He expressed opposition to subsidizing businesses, particularly if rebates are applied after property purchase, arguing they would not serve as an incentive for relocation. He warned that such a precedent could lead to similar requests from other businesses.

Agenda Summary Table