January 19, 2012 City Commission Meeting

Announcements

• 📅 Pat Snyder Day: January 17, 2012, was proclaimed Pat Snyder Day in Shawnee, honoring her significant contributions to the local theater community, including founding Shawnee Little Theater in 1967 and her work with youth programs.
• Employee of the Month: Teresa Story, Billing Clerk in Customer Service, was recognized as Employee of the Month for her exceptional work ethic and positive attitude, particularly during a busy period covering for absent colleagues.
• Certified Healthy Community/Business: Shawnee has achieved "basic level" certification as a Certified Healthy Community and a Certified Healthy Business. This makes the city eligible for a $10,000 grant. An awards luncheon will be held on 📅 March 1st at the Cox Convention Center.
• Hope House (Child Advocacy Center): The Shawnee Police Department, with city staff support, has taken over the administrative control of the Hope House Child Advocacy Center. This ensures the facility continues to provide a safe, quiet setting for interviewing victims of sexual assault and abuse across Pottawatomie, Seminole, Lincoln, and Pontotoc counties, with positions funded by grants.

Key Decisions & Votes

Kickapoo Tribe Annexation Request

The public hearing for the annexation of property northwest of MacArthur Street and Acme Road, requested by the Kickapoo Tribe of Oklahoma, was deferred until the 📅 February 6th commission meeting. This deferral allows for legal counsel to finalize a Memorandum of Understanding (MOU) and address complex issues raised, including tort claims protection for city employees on trust land, cross-deputization, and potential conflicts with Rural Water District #3's existing water service annexation.

• Public Comments:
  • Rocky Barrett (Kickapoo Tribal Chairman) raised concerns about the legal complexities of annexing trust land, particularly regarding tort claims protection for city employees and potential conflicts with Rural Water District #3's water service exclusivity in the area.
  • Joanne Call expressed strong opposition, citing concerns about potential casino development, increased traffic, and the city's historical refusal to provide sewage services to existing residents in the annexed area. She requested time to gather a petition.

Rezoning at Bryan Street and 45th Street

An ordinance rezoning property at the northwest corner of Bryan Street and 45th Street from A1 Agricultural to C2 Suburban Office was approved (vote: 6-1). The applicant had requested C3 Automotive Commercial and Recreation, but the Planning Commission recommended C2, which was adopted by the Council.

• Discussion: Staff initially recommended C3 based on the comprehensive plan's designation for high-intensity commercial. However, the Planning Commission and some Council members expressed caution due to the area's increasing residential development and the lack of specific commercial development plans beyond a proposed church (which is permissible in A1). The C2 designation allows for office uses, considered more compatible with the surrounding neighborhood, while allowing the applicant to return for C3 rezoning if future commercial plans become more concrete.
• Public Comments:
  • Mike Massey (property owner) requested the original C3 designation, citing consistency with the master plan, lack of written protests, staff recommendation, and the need for C3 for a Christian bookstore.
  • Rocky Barrett expressed concerns about the impact of C3 zoning on the primarily residential nature of the intersection and potential for further commercial encroachment down Bryan Street.

Conditional Use Permit at 1613 North Harrison

A conditional use permit for a massage establishment at 1613 North Harrison (already zoned C3 Automotive Commercial and Recreation) was approved (vote: 7-0). The applicant clarified it would be a therapeutic massage place, not a "boom boom room."

Rezoning at 4410 and 4440 North Kickapoo

An ordinance rezoning property at 4410 and 4440 North Kickapoo from R1 Single Family Residential and C1 Neighborhood Commercial to C3 Automotive Commercial and Recreation was approved (vote: 7-0). The applicant plans to build a 6,000 sq ft retail facility, anchored by a nail salon, with potential for other commercial tenants.

Ordinance Modifying Billboard Prohibition

An ordinance modifying Section 3-216 of the Shawnee municipal code to prohibit non-accessory type signs was deferred to the Planning Commission (vote: 6-1). The motion requested the Planning Commission to review the possibility of allowing billboards under more restrictive conditions, similar to ordinances in Midwest City, Moore, and Norman, rather than a blanket prohibition or free allowance.

• Discussion: Council acknowledged the balance between supporting businesses through advertising and maintaining community aesthetics. Concerns were raised about the unsightliness of numerous billboards and the current moratorium's impact on property owners. Staff noted the complexities of regulating billboards without infringing on free speech and suggested a corridor planning approach.
• Public Comments:
  • Bill Tomlinson, Nancy Ford, Tom Terry, and Linda Malley spoke against lifting the moratorium, citing concerns about unsightliness, existing empty billboards, and potential distractions for drivers.
  • David Romberg (Romberg Family Trust) advocated for lifting the moratorium, emphasizing the economic benefits of billboards for local businesses and tourism, especially for I-40 traffic.

Electrical Improvements at Heart of Oklahoma Exposition Center 💰

The recommendation from the Shawnee Civic and Cultural Development Authority (SCCDA) to award the bid for electrical improvements at the Heart of Oklahoma Exposition Center was approved (vote: 7-0). The bid was awarded to the only compliant bidder, despite significant cost differences, due to the urgency of the project and the need to meet specifications for RV rallies. The method of payment from loan proceeds was also approved.

• Discussion: Concerns were raised about the substantial difference between bids and the use of aluminum versus copper wiring. Staff and Commissioner Herod discussed the pros and cons of aluminum wiring for direct burial applications, with Herod expressing strong preference for copper due to oxidation and maintenance issues. The project aims to address long-standing complaints about power service during RV events.

Amending Fishing and Hunting License Fees Ordinances

Two ordinances were approved (vote: 7-0 for each) to amend the municipal code regarding setting daily and annual fishing and hunting license fees at Shawnee Twin Lakes. These amendments shift the authority to set these fees from ordinances to resolutions, allowing for more flexible adjustments without requiring public hearings for every change. Emergency clauses for both ordinances were also approved.

• Discussion: This change is part of a broader effort to streamline fee adjustments and improve customer service, including the introduction of electronic kiosks for purchasing licenses.

Resolution Setting Hunting and Fishing License Fees

A resolution setting the actual daily and annual hunting and fishing license fees at Shawnee Twin Lakes, and retail business fees for issuing these licenses, was approved (vote: 7-0).

Financial Matters

• Sales Tax Report: The January 2012 sales tax report showed receipts were $14,000 over the previous year and $150,000 over 2008. However, overall sales tax receipts are still hovering around 2% below the budgeted amount. Overall revenues remain on target.
• Veterans Memorial Funding Request: The City Manager advised against providing immediate funding (a request for $37,000 now and $111,000 total) from the current budget for the Oklahoma Veterans Memorial committee due to current sales tax performance and anticipated future budget constraints. He suggested that if voters approve the Woodland Veterans Park improvements bond issue on 📅 February 14th, a portion of those proceeds could potentially be allocated to the Veterans Memorial. The Council concurred with this approach.

Public Comments

• Dana Holden (1101 West 45th Street): Reported a water bill of nearly $500/month due to a water line break on a neighbor's property, making repairs difficult without trespassing. City employees reportedly advised suing the city. The Mayor committed to having staff set up an appointment to address the issue.
• Rocky Barrett (Kickapoo Tribal Chairman): Spoke on the Kickapoo annexation, raising legal questions about jurisdiction on trust land, tort claims protection for city employees, cross-deputization agreements, and potential conflicts with Rural Water District #3's water service. He also clarified the tribe's position on utility franchise taxes and the history of the land in question. He later spoke in favor of the casino, seeing it as a source of jobs, revenue, and tourism.
• Joanne Call: Expressed strong opposition to the Kickapoo annexation, fearing increased traffic and potential casino development. She highlighted the city's past refusal to provide sewage services to existing residents in the area and requested time to organize a petition.
• Bill Tomlinson (Quail Ridge): Opposed lifting the billboard moratorium, arguing it would lead to unsightliness similar to Dell City.
• Nancy Ford: Opposed additional billboards, noting existing empty billboards and previous public concern that led to the moratorium.
• David Romberg (Romberg Family Trust): Advocated for lifting the billboard moratorium, emphasizing their vital role in attracting I-40 traffic to Shawnee businesses and supporting local economy.
• Tom Terry: Opposed lifting the billboard moratorium, citing existing blank/damaged billboards and safety concerns due to driver distraction.
• Linda Malley: Opposed more signs, referencing her involvement with the beautification committee and the current unsightliness on Harrison and Kickapoo.

Agenda Summary Table