May 27, 2015 City Commission Meeting

Announcements

• Community Action Month: Mayor Maynard proclaimed 📅 May 2015 as Community Action Month, recognizing the Central Oklahoma Community Action Agency's 51-year history of promoting self-sufficiency and assisting families.
• Shawnee Splash/Municipal Pool Opening Deferred: The scheduled opening of the municipal pool on 📅 May 23rd has been deferred due to recent heavy rainfall impacting construction completion. The community picnic and grand opening celebration are also deferred.
• Health Week Events Impacted:
  • "Splash Day Games" on 📅 May 29th at Shawnee Splash is deferred.
  • "Crazy Kids Day" on 📅 May 27th at Boy Scout Park will still proceed with its various events and activities, even if the splash pad is not yet open.
• MLK Celebration Day Parade: Commissioners are encouraged to participate in the upcoming Martin Luther King Jr. Celebration Day parade.
• Sales Tax Report: Sales tax revenue for May was up 5.13% ($71,000) over last year, totaling $1,466,000. This represents an 11.7% increase over 2013, with new businesses beginning to contribute revenue.
• Municipal Judge Selection Process: The commission initiated the process to select a new Municipal Judge, following Judge Jones's resignation. Applications will be advertised for two weeks, and HR will provide salary guidance.
• City Manager Interviews Scheduled: Three final candidates for the City Manager position have been invited for interviews on 📅 Friday, May 22nd at 2:00 PM at a special called meeting, with department heads also invited.

Key Decisions & Votes

• Consent Agenda: The consent agenda was ✅ Approved, with one item (Item S) pulled for separate consideration and subsequently approved.
• Ward One Commissioner Appointment: The commission discussed the vacant Ward One Commissioner seat. A motion to table the appointment indefinitely ❌ Failed. Multiple nominations for candidates (Dale Curbs, John Winteringer, Regina Morton, Kirkland) were made but ❌ failed to receive sufficient votes. No appointment was made to fill the open position.
• Rezone 731 East Independence (C3 to C3 w/ Conditional Use Permit): This item was ✅ Deferred to the 📅 June 15th City Commission agenda, following a deferral by the Planning Commission.
• Rezone 126 South Center Avenue (R3 to C1P w/ Conditional Use Permit) for Community Market: An ordinance to rezone the property for the proposed Community Market of Pottawatomie County, a 10,000 sq ft food resource center, was ✅ Approved. The facility will operate similar to a grocery store model, serving approximately 1500 families per month across Pottawatomie County. Construction is anticipated to begin within 30-60 days and be completed by late fall/end of year.
• Rezone 602 East Highland Street (C1 to C3) for Tattoo Parlor: An ordinance to rezone the property for a tattoo parlor was ❌ Denied. Staff and the Planning Commission recommended denial due to multiple non-conforming issues, including two primary structures on site, inadequate parking, insufficient lot size for C3 zoning, failure to meet minimum frontage requirements, exceeding maximum site coverage, and proximity to a church (state-mandated 1000 ft buffer).
• Rezone 302 South Beard Street (I-2 to I-3 w/ Conditional Use Permit): The application for this rezone was ✅ Withdrawn prior to the Planning Commission meeting, requiring no action from the City Commission.
• Rezone Highland and Kimberly Street (R2/R3 to PUD) for Apartment Development: An ordinance to rezone approximately 3.5 acres for a Planned Unit Development (PUD) to add 23 new apartment units for the Sac and Fox Housing Authority was ✅ Approved. Conditions include a six-foot sidewalk along Highland Street, stormwater detention, and outdoor amenities. The public right-of-way on Kimberly Street will be converted to a private easement.
• Rezone Harrison Street North of Wolverine Road (A1 to I-3): This item was ✅ Deferred to the 📅 June 1st City Commission agenda at the applicant's request.
• Preliminary Plat for North Harrison Industrial Park: This item was ✅ Deferred to the 📅 June 1st City Commission agenda at the applicant's request.
• Rezone Kickapoo Street North of MacArthur Street (PUD to PUD) for Kickapoo Plaza: An ordinance to rezone a 3.9-acre site for a new Planned Unit Development (PUD) was ✅ Approved with conditions. Conditions include submitting and incorporating proposed access agreements into the PUD design statement and correcting utility meter placement to be within the utility easement.
• Preliminary Plat for Kickapoo Plaza: The preliminary plat for Kickapoo Plaza was ✅ Approved with conditions. These conditions include final construction documents approved by the city engineer, an engineering drainage plan, a six-foot sidewalk along Kickapoo Street, and submittal of appropriate documentation for cross-access agreements.
• Downtown Property Maintenance Code: An ordinance to adopt a downtown property maintenance code, applying to all C4 (downtown business district) zoned properties, was ✅ Approved. The code focuses primarily on exterior maintenance, with an enforcement process that prioritizes voluntary compliance and allows for extensions before issuing citations.
• Vibe Broadband Permit Renewal: A non-exclusive permit for Vibe Broadband LLC to maintain a cable communication system in Shawnee was ✅ Approved for a 12-year term. The permit includes an annual franchise fee of 3% of gross revenue, free cable programming service to municipal and school facilities, and provision for up to two public access channels.
• Boy Scout Park Restroom Project: The award of the Boy Scout Park restroom project to Craig Contractors for $98,522 was ✅ Approved. The project is largely funded by grants and public fundraising, with the city's portion being $43,293.

Financial Matters

• Sales Tax Revenue: As noted in announcements, May sales tax revenue was up 5.13% over last year, totaling $1,466,000, and 11.7% over 2013. New businesses are starting to contribute to this growth.
• Vibe Broadband Franchise Fee: The renewed permit includes an annual franchise fee equal to 3% of Vibe Broadband's annual gross revenue.
• Boy Scout Park Restroom Project Funding: The $98,522 project is funded through:
  • Avidas Foundation: $293.75
  • Tobacco Settlement Fund: $110,000
  • Public Fundraising: $50,000
  • City Portion: $43,293
• Shawnee Municipal Authority (SMA) Financial Discussion: A discussion regarding the dissemination of a letter from the Oklahoma Water Resources Board (OWRB) evolved into a plan to schedule a future work session. This session will focus on the financial condition of the SMA, capital improvement projects, and how water and sewer rates are established and financed, with invitations to relevant experts and the public.

Public Comments

• Ward One Commissioner Vacancy: A citizen spoke during public comments, urging the commission to hold a special election to fill the vacant Ward One Commissioner seat rather than making an appointment. She cited an online survey indicating 85% of citizens desired an election, emphasizing transparency and the right to vote.
• Community Market of Pottawatomie County: Daniel Matthews, Chairman of the Community Market board, spoke in favor of the rezone, highlighting the organization's seven years of food pantry operations and the potential to serve 1500 families monthly. Mr. Bivins from the Regional Food Bank of Oklahoma provided context on the statewide model and the estimated 11,360 eligible individuals in Pottawatomie County.
• Highland and Kimberly Street PUD: A citizen named Jerry raised concerns that his property on North Roosevelt was mistakenly included in the rezone notification for the Highland and Kimberly Street PUD. Staff clarified it was a printing error and his property was not part of the application. Richard Landis, representing the applicant, further explained the project's intent to add 22 housing units and address zoning requirements.
• Kickapoo Plaza PUD: Julie Landis, representing the Landrum Group, confirmed awareness of and agreement with the conditions for the Kickapoo Plaza rezone and preliminary plat. No public opposition was voiced.

Agenda Summary Table