City Commission Meeting

July 22, 2016 City Commission Meeting

Friday, July 22, 2016 Shawnee, OK
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Meeting Summary

Announcements

  • Employee of the Month: Mary Palacios from Municipal Courts was recognized for her diligent, hardworking, and friendly demeanor, as well as her fluency in Spanish, which has been instrumental in assisting the court.
  • Avedis Foundation Partnership: Michelle Briggs, President and CEO of the Avedis Foundation, announced a significant 5-year partnership with the City of Shawnee to implement the Master Trails and Sidewalk Plan. This initiative aims to build 14 miles of sidewalks at an estimated cost of $3.5 million. The Avedis Foundation will contribute $350,000 annually through ๐Ÿ“… 2021, matching city efforts dollar-for-dollar. The project focuses on improving health, wellness, and quality of life by connecting schools, parks, and neighborhoods.

Key Decisions & Votes

  • Consent Agenda: The consent agenda was โœ… approved.
  • Ward Two Commissioner Resignation: The resignation of Ward Two Commissioner Linda Age was โœ… accepted. A motion to deny the resignation failed due to lack of a second, and the City Attorney clarified the commission's role is to acknowledge, not deny, a resignation.
  • Ward Two Commissioner Appointment: Ron Gillum was โœ… appointed to the Ward Two City Commission seat, filling the vacancy left by Linda Age, and was sworn in.
  • Hotel Motel Surcharge Election: An ordinance authorizing the calling and holding of an election to amend the present hotel motel surcharge was โœ… approved. The proposal is to increase the surcharge from 5% to 7.5% of gross receipts or $1 per occupied room, whichever is higher.
  • Special Election for Surcharge: A resolution calling for a special election on ๐Ÿ“… November 8, 2016, for the purpose of adopting the amended hotel motel surcharge ordinance was โœ… approved. The ordinance, if passed by voters, would become effective ๐Ÿ“… April 1, 2017.
  • Ballot Submission: The ballot to be submitted to the election board for the hotel motel surcharge was โœ… approved.
  • Sunday Alcohol Sales in Restaurants: A resolution asking the Pottawatomie County Commissioners to place a ballot title permitting the Sunday sale of alcoholic beverages in restaurants was โœ… approved. This is a renewed effort to boost economic development and attract more restaurants to Shawnee.
  • Shawnee Park Edition Final Plat: Consideration of a final plat for Shawnee Park Edition (Case S416) was โžก๏ธ deferred until the August 15th meeting, following the Planning Commission's August 3rd meeting.
  • Property Rezoning (RZ-16-04): An ordinance to rezone property located on the east side of Harrison Street, north of Transportation Parkway, from PUD (Planned Unit Development) to C3 Highway Commercial was โœ… approved. This change was recommended by staff to "clean up" the zoning as the original PUD, established in 2008, is no longer applicable due to piecemeal sales and non-conformance.
  • Airport Rules Amendment: A resolution to amend the rules and regulations for the operation of Shawnee Regional Airport was โœ… approved. This amendment eliminates a restriction (Section 7B) that prevented aircraft owners from hiring personal mechanics, allowing them to bring certified mechanics to work on their aircraft in T-hangers. It also adds a new section (9D) clarifying that T-hangers are for storage only and not for commercial use or setting up a business.
  • 911 Wireless Telephone Fees Litigation: Following an executive session, the Council โœ… authorized legal counsel to file a lawsuit against the Pottawatomie County 911 Trust if a final demand letter regarding unremitted 911 Wireless telephone fees is not accepted.
  • City Judge Contract Renewal: Following an executive session, the Council โœ… approved the renewal of the City Judge's contract for another year at a part-time salary of $50,000. Evaluations for the City Manager and City Treasurer were deferred to a future executive session.

Financial Matters ๐Ÿ’ฐ

  • Hotel Motel Surcharge Discussion: The proposed increase in the hotel motel surcharge from 5% to 7.5% is estimated to generate an additional ~$200,000 to $250,000 annually for tourism-related activities. Staff noted concerns from hotel operators about the increase in a competitive market.
  • Sales Tax Report:
    • July Sales Tax: Total collections for July were $1,475,000, an increase of $33,000 (2.31%) compared to the previous year.
    • Fiscal Year Performance: The fiscal year ending June 30th saw a total sales tax increase of $659,000 over the prior year, with retail sales accounting for $614,000 of that growth.
    • Education Tax: July collections for the education tax were $106,000, up from $63,000 last July.
    • Mall Payments: A quarterly payment of approximately $100,000 was made to the new mall, reflecting ongoing development and economic activity.
    • Overall: Sales tax, use tax, court fines, and franchise fees are performing well, indicating a positive financial outlook for the city.

Public Comments

  • Legal Fees for CPN Disputes: Tom Claybrook, a citizen, inquired about the amount of money spent or owed in legal fees related to disputes with the Citizen Potawatomi Nation (CPN). The City Attorney stated that this information falls under privileged communication between attorney and client and could not be disclosed during the meeting. Mr. Claybrook expressed his dissatisfaction with the lack of transparency regarding the use of public funds.

Agenda Summary Table

Agenda Item Description Outcome
Approval of Consent Agenda Approval of routine administrative items. โœ… Approved
Citizens Participation Opportunity for citizens to address the Council. Noted
Presentation by City Manager to Employee of the Month Recognition of Mary Palacios from Municipal Courts. Noted
Consideration and possible action to accept the resignation of Ward Two Commissioner Linda Age Discussion and vote on the resignation of a commissioner. โœ… Accepted
Consideration and possible action to appoint Ron Gillum to the Ward Two City Commission seat vacated by Linda Age Appointment of a new commissioner. โœ… Approved
Swearing-in of newly elected Commissioner Ron Gillum Formal swearing-in ceremony for the new commissioner. Noted
Presentation by Michelle Briggs, President and CEO of Avedis Foundation Announcement of a major partnership for trails and sidewalks. Noted
Consider an ordinance authorizing the calling and holding of an election for the purpose of submitting to the voters the question of amending the present hotel motel surcharge to 7.5% or $1 whichever is higher Vote to put a hotel motel tax increase on the ballot. โœ… Approved
Consider resolution calling for the holding of a special election November 8, 2016, for the purpose of adopting Ordinance No. 2583 NS amending the present hotel motel surcharge to 7.5% of gross receipts or $1 per rental day whichever is greater Resolution to schedule the special election for the hotel motel tax. โœ… Approved
Consider approval of ballot to be submitted to the election board Approval of the specific language for the election ballot. โœ… Approved
Discussion, consideration and possible action on a resolution asking the Pottawatomie County Commissioners to place before the voters a ballot title permitting the Sunday sale of alcoholic beverages in restaurants Resolution requesting a county-wide vote on Sunday alcohol sales in restaurants. โœ… Approved
Consideration of a final plat for Shawnee Park Edition located on the south side of Transportation Drive East of North Harrison Street Case No. S416 Applicant Zimmerman Properties Review and decision on a new development's final plat. โžก๏ธ Deferred
Open a public hearing and consideration of an ordinance to rezone property located on the east side of Harrison Street north of Transportation Parkway from PUD Planned Unit Development to C3 Highway Commercial Case No. RZ-16-04 Public hearing and vote on a property rezoning request. โœ… Approved
Discussion, consideration and possible action regarding a press release that provides information and status of the current and recent court proceedings between the City of Shawnee and the Citizen Potawatomi Nation, the Oklahoma Tax Commission and the Citizen Potawatomi Nation Discussion on issuing a public statement about ongoing legal matters. โŒ Denied
Sales Tax Report Presentation of the city's sales tax revenue. Noted
New Business Any new items brought before the Council. Noted
Commissioner Comments Opportunity for commissioners to share remarks. Noted
Recess City Commission Meeting and Call to Order Shawnee Airport Authority Transition to Airport Authority meeting. Noted
Consider approval of the Consent Agenda (Airport Authority) Approval of routine administrative items for Airport Authority. โœ… Approved
Discuss, consider and possible action on a resolution to amend the Rules and Regulations for the operation of Shawnee Regional Airport Vote on changes to airport operational rules. โœ… Approved
Adjourn Shawnee Airport Authority and Call to Order Shawnee Municipal Authority Transition to Municipal Authority meeting. Noted
Consider approval of the Consent Agenda (Municipal Authority) Approval of routine administrative items for Municipal Authority. โœ… Approved
Consider an executive session for discussion and possible legal action regarding potential claims, litigation and transition of legal representation or other options regarding CPN District Court Case No. CIV 2015-031 Citizen Potawatomi Nation versus the Shawnee Municipal Authority as authorized by 25 O.S. ยง 307(B)(4) Vote to enter executive session for legal discussion. โœ… Approved
Recess Shawnee Municipal Authority and Reconvene City Commission Meeting Transition back to City Commission meeting. Noted
Discussion, consideration and possible action to go into executive session to discuss potential claims, litigation or other options regarding emergency 911 Wireless telephone fees that were collected and not remitted to the City Vote to enter executive session for legal discussion. โœ… Approved
Discussion, consideration and possible action to go into executive session to discuss potential claims, litigation and transition of legal representation or other options regarding Pottawatomie County District Court Case No. CJ 201014-128 The Citizen Potawatomi Nation by Linda Capps, its Vice Chairman and Deanna Jessie versus the City of Shawnee as authorized by 25 O.S. ยง 307(B)(4) Vote to enter executive session for legal discussion. โœ… Approved
Consider an executive session to discuss annual evaluations of the City Manager, City Treasurer and City Judge pursuant to 25 O.S. ยง 307(B)(1) discussing the employment, hiring, appointment, demotion, discipline or resignation of any individual salaried public officer or employee Vote to enter executive session for personnel evaluations. โœ… Approved
Consider matters discussed in executive session regarding potential claims, litigation or other options regarding an emergency 911 Wireless telephone fees that were collected and not remitted to the City Action following executive session regarding 911 fees. โœ… Approved
Consider matters discussed in the executive session regarding potential claims, litigation and transition of legal representation or other options regarding Pottawatomie County District Court Case No. CJ 201014-128 The Citizen Potawatomi Nation by Linda Capps, its Vice Chairman and Deanna Jessie versus the City of Shawnee Action following executive session regarding CPN litigation. No Motion
Consider matters discussed in executive session regarding discussion of evaluations of City Manager, City Treasurer and City Judge pursuant to 25 O.S. ยง 307(B)(1) discussing the employment, hiring, appointment, demotion and discipline or resignation of any individual salaried public officer Action following executive session regarding personnel evaluations. โœ… Approved
Recess City Commission Meeting and Call to Order Municipal Authority Meeting Transition back to Municipal Authority meeting. Noted
Consider matters discussed in executive session regarding potential claims, litigation and transition of legal representation or other options regarding Citizen Potawatomi Nation District Court Case No. CIV 2015-031 Citizen Potawatomi Nation versus the City of Shawnee Authority Action following executive session regarding CPN litigation. No Motion
Adjourn Municipal Authority and Reconvene City Commission Meeting Transition back to City Commission meeting. Noted
Adjourn City Commission Meeting End of the City Commission meeting. Noted
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