November 8, 2012 City Commission Meeting

Announcements

• 📅 Veterans Day: Mayor West Maness proclaimed Sunday, November 11, 2012, as Veterans Day in Shawnee, urging citizens to thank veterans for their service.
• 📅 Becky Carlberg Day: Mayor Maness proclaimed Wednesday, November 14, 2012, as Becky Carlberg Day, recognizing her extensive volunteer work, particularly in restoring and improving the Japanese Peace Garden.

Key Decisions & Votes

• Approval of Agenda: The agenda for the meeting was ✅ Approved.
• Approval of Consent Agenda: All items on the consent agenda were ✅ Approved, with the exception of item M, which was pulled for separate discussion.
• Solar Panel Flashing School Zone Light (Item M): Following a brief discussion regarding its location on Bryan Street and funding from the Traffic Division's Signal and Sign Upgrades (302 fund), the installation of the solar panel flashing school zone light was ✅ Approved.
• Rezoning Application for Shawnee Rescue Mission (204 North Luisa): A public hearing was held regarding the rezoning of property from C3 Automotive Commercial and Recreation to C4 Central Business with a conditional use permit, to allow the Shawnee Rescue Mission to operate an overnight shelter.
  • Public Comments (In Favor): Supporters highlighted the Planning Commission's positive recommendation, the proposed design features (family units, fire safety, traffic management), the mission's financial transparency and dedication, the distinction from other shelters (long-term rehabilitation vs. short-term stays), a $450,000 grant for renovation, and the critical need for a day and night shelter in the community, especially given new library policies on loitering and sleeping. Many volunteers and community members attested to the mission's positive impact and safety.
  • Public Comments (Opposed): Opponents, primarily homeowners and representatives from South Central Industries (serving individuals with disabilities), raised concerns about potential negative impacts on property values, lack of a buffer zone from residential areas, proximity to daycare centers, a youth center, and a school bus stop, and the safety of vulnerable populations (children, developmentally disabled individuals) due to potential interactions with individuals with mental health or substance abuse issues. They cited an increase in police reports in the area since the mission's current operations began and questioned the mission's ability to enforce rules off-site. They argued that the mission should have chosen a property already zoned for such use.
  • Commissioner Discussion:
    • Commissioners expressed deep concern for both the homeless population and the safety and welfare of existing residents and businesses.
    • Concerns were raised about the substantial financial risk of a 24/7 operation relying heavily on volunteer labor and donations, especially given that only a portion of the estimated project cost was secured.
    • City staff's report, which cited "substantial risk to public health, safety, and welfare" and recommended against approval due to "outstanding issues relative to funding, operation, and need," was heavily referenced.
    • Some commissioners suggested the mission could still operate as a day shelter under current zoning and should focus on building trust and demonstrating effective management before seeking overnight shelter approval.
    • The Mayor acknowledged the difficulty of the decision, comparing it to other community challenges, and ultimately supported the mission's efforts as a step toward addressing serious community problems, despite potential new issues.
    • Other commissioners emphasized the need to protect established residents and businesses, particularly those serving vulnerable populations, and questioned the chosen location.
  • Vote: A motion to deny the rezoning and conditional use permit was ❌ Denied (6-1 vote).
• Revised Water and Sewer Rate Structure: Discussion centered on whether to postpone a previously approved water and sewer rate increase for one year, as recommended by staff due to an ongoing master plan study.
  • Discussion Points:
    • Staff recommended postponement to align projects with the master plan, avoiding premature investments.
    • Concerns were raised about the loss of approximately $750,000 in annual revenue (water: $500k, sewer: $250k) if the increase was deferred, especially given the city's $23 million debt related to water infrastructure.
    • Commissioners debated the risks of deferring funds needed for future costly projects identified by the master plan, potential water rationing during drought, and the impact of losing revenue from other water customers (e.g., Citizen Potawatomi Nation's new treatment plant).
    • Some commissioners felt the increase was small for individuals but significant collectively, and preferred to defer it until a clear plan for spending the funds was established and communicated to citizens.
    • It was clarified that the increase technically went into effect on November 1st, 2012, and no action was needed to keep it in place.
  • Outcome: No motion was made to revise or postpone the ordinance. Therefore, the ✅ Water and sewer rate increase went into effect as previously planned.
• Declare Surplus Property (Truck): A resolution to declare a truck as surplus property and transfer it to the Shawnee Civic and Cultural Development Authority (Expo) was ✅ Approved.
• Declare Surplus Property (Auction Items): A resolution to declare various city equipment as surplus property and authorize its sale at auction was ✅ Approved.
• Bids for Airport Pedestrian Trail: Bids for the nearly four-mile asphalt trail project around the airport property were opened, ranging from $635,500 to $999,450. The item was ➡️ Deferred to allow staff to tabulate bids, discuss funding (including the $400,000 allocated from bonds), and explore alternatives.
• City Manager's Employment Contract: A motion to adjust the City Manager's compensation as set out in his contract, retroactive to July, was ✅ Approved.
• City Attorney's Employment Contract: A motion to adjust the City Attorney's compensation retroactive to her contract, amend the contract to provide six months' severance, and for the commission to research compensation comparisons with other OMLA cities, was ✅ Approved.
• Willbanks vs. City of Shawnee Lawsuit: A motion to authorize the City Attorney to proceed as discussed in executive session regarding the lawsuit was ✅ Approved.

Agenda Summary Table