Miami Downtown Redevelopment Authority (MDRA) Packet

THE MIAMI DOWNTOWN REDEVELOPMENT AUTHORITY (MDRA) MET IN REGULAR SESSION FEBRUARY 17, 2015 IN THE MIAMI CIVIC CENTER COUNCIL CHAMBERS AT 4:00 PM WITH THE FOLLOWING MEMBERS PRESENT: Rudy Schultz, Chairman Loretta Robinson, Trustee Neal Johnson, Trustee Scott Trussler, Trustee Brent Brassfield, Trustee Ron Stowell, Trustee Amanda Davis, Deputy Trust Manager Shannon Duhon, Interim Coleman Complex Manager Dean Kruithof, City Manager, Trust Manager The agenda was filed in the office of the City Clerk and posted in the main hallway and the north outside entryway of the Civic Center at 1:45 PM P.M. on February 13, 2015. THE TRUST MAY DISCUSS, CONSIDER, AND VOTE ON ANY ITEM LISTED IN THIS AGENDA: Call to Order: Chairman Schultz called the meeting to order at 4:01 PM Public Input and Unscheduled Personal Appearances: No appearances were made CONSENT AGENDA By unanimous consent the public body may designate noncontroversial items to be considered in one motion and one vote. The public body may add items from the regular agenda and approve. Posted agenda items not added to the consent docket will be considered separately in their regular order. Staff recommends that Items 4 and 6 be placed on the consent agenda. Trustee Trussler moved to approve Item #4 Approve Minutes for December 2014, item #5 Approve Claims: $15,569.48 and #6 Budget Amendments #15-4, to the consent agenda and approve as presented items. Trustee Johnson made the second. The trust was polled with the following results: Trussler, Aye Robinson, Aye Johnson, Aye Schultz, Aye Stowell, Aye Smith, Absent Brassfield, Aye Chairman Schultz declared the motion carried. Minutes: October 2014 and November 2014 Moved to the consent agenda Claims: $15,569.48 Moved to the consent agenda. Budget Amendments: #15-41 (Receipting & Expending Miscellaneous Funds in Excess of Original Budget) Moved to the consent agenda Discuss Raising Price of Candy and Popcorn in Concession Stand from $1.00 (Candy) and $2.00 (Popcorn) to $2.00 and $3.00. Shannon Duhon presented to that board that the cost of candy and popcorn at the Coleman is considerably lower than the cost at other theaters. Duhon also stated that raising the cost of candy from $1.00 to $2.00 and popcorn from $2.00 to $3.00 will help offset the costs of the items. The proposed cost raised will begin March 1, 2015. Trustee Trussler made a motion to raise the cost of candy from $1.00 to $2.00 and popcorn from $2.00 to $3.00. Trustee Stowell seconded the motion. Trussler, Aye Robinson, Aye Johnson, Aye Schultz, Aye Stowell, Aye Smith, Absent Brassfield, Aye. Discuss Reimbursing RBI Miami ($350.00) for the Ballroom Rental Payment. Trustee Neal Johnson asked the board to reimburse the RBI Miami in the amount of $350.00 for the ballroom rental fee. Johnson stated that RBI Miami has given over $45,000 in investments to the ball fields in Miami. Johnson also stated that all the money raised at the RBI event goes back into Miami and directly benefits the City of Miami. Trustee Trussler made a motion to reimburse RBI Miami ($350.00) for the ballroom rental fee. Trustee Brassfield seconded the motion. Trussler, Aye Robinson, Aye Johnson, Aye Schultz, Aye Stowell, Aye Smith, Absent Brassfield, Aye. Reports: Friends of the Coleman: Barbara Smith gave an update on the Friends of the Coleman. Smith’s update included that glass for the wall sconces on the 2nd level has been made to look like the original sconces. The glass is being fitted for the metal frame. There are 4 total sconces that are to be put in. Barbara also stated that the FOC paid $2,500 for a digital MIDI recorder in hopes to bring the organ up to date. Miami Convention and Visitors Bureau: CVB Executive Director/Deputy Trust Manager Davis gave a report from the CVB reporting that hotel receipts were up 5% year-to-date and the hotel tax to the city was up 5%. The 3.65% city sales tax was up for the month by 9% over this time last year. Davis also reported that March 11th will be the CVB Board Retreat. They will be discussing future tourism efforts and future areas of focus for staff. Staff is working on events, group follow-up and many marketing projects. Theatre Manager’s Report and Update: Shannon Duhon gave a report on the Coleman. His report included that the originally scheduled Celebrity Park Wall of Fame ceremony for January 28, 2015 has been moved to April 6, 2015 at 6:30 PM due to a conflict in inductee David Osborn’s schedule. Duhon also gave reports on the sound system and the Mighty Wurlitzer organ repairs. Shannon informed the Board that Metropolitan Bride Magazine has chosen the Coleman for the June edition’s feature location. A team of models and a photographer for California will come into the Coleman and do a photo shoot on February 23. They will spend all day shooting in different location in the Coleman. Duhon also stated in his report that the painting progress is moving along well and will be complete before the photo shoot. Other New Business, if any, which has Arisen since the Posting of the Agenda and Could Not Have been Anticipated Prior to the Time of Posting (25 O.S. §311 (9)) No new business was presented Trustee Community Announcements No Trustee Announcements were made. Future Agenda Planning No future agenda plans were made. Adjournment Trustee Trussler moved to adjourn the meeting. Trustee Robinson seconded the motion. The trust was polled with the following results: Trussler, Aye Robinson, Aye Johnson, Aye Schultz, Aye Stowell, Aye Smith, Absent Brassfield, Aye Chairman Schultz declared the meeting adjourned at 4:40 PM. ________________________ _______________________ _________________ Trustee Brassfield Trustee Johnson Trustee Robinson ________________________ _______________________ _________________ Trustee Smith Trustee Stowell Trustee Trussler ________________________ ATTEST: ___________________ Chairman Schultz Amanda Davis  MDRA PURCHASE ORDERS PRESENTED February 17, 2015 CLAIM # VENDOR DESCRIPTION TOTAL 119 AT & T TELEPHONE, LONG DISTANCE 245.59 120 BILL KEETON MONTHLY PEST CONTROL 75.00 121 CABLEONE FEBRUARY INTERNET SERVICE 76.52 122 CERTIFIED LABORATORIES CHEMICAL (BOILER SYSTEM) 340.00 123 CHOICE MARKETING ADVERTISING (CHRISTMAS) (PO#15-05203) 1,920.00 124 DENNIS JAMES PERFORMANCE FEE (PO#15-05281) 2,200.00 125 FIRST NATIONAL BANK FEBRUARY SEAT INTEREST 99.44 126 GARRY WILLIAMS DAMAGE DEPOSIT REFUND (PO#15-05282) 300.00 127 GREEN COUNTRY MARKETING ADVERTISING (PO#15-05206) 534.66 128 HENRY KRAFT ACID RINSE AID 64.72 129 HK ELECTRIC LABOR (STAGE LIGHTS) 75.00 130 MHS SPEECH PRODUCTIONS PERFORMANCE FEES (PO#15-05280) 2,134.00 131 OKLAHOMA NATURAL GAS JANUARY GAS SERVICE 105.20 132 OKLAHOMA TAX COMMISSION JANUARY CONCESSION TAX 1.04 133 PEPSI-COLA CONCESSION SUPPLIES (PO#15-05274) 661.30 134 RED RIVER PIPE ORGAN ORGAN REPAIRS (PO#15-05202) 1,800.00 135 SHANNON DUHON MOBILE REIMBURSEMENT (PO#15-05279) 450.00 136 SUE REDING REIMBURSEMENT (SEAT TAGS) (PO#15-05275) 48.00 137 TRAVEL ALLIANCE PARTNERS CONFERENCE FEES (PO#15-05208) 1,170.00 12,300.47 CREDIT CARD PURCHASES (DECEMBER 16-31, 2014) 138 ACE HARDWARE POLISH 153.93 ACE HARDWARE FLOOR CLEANER/POLISH 65.97 139 WAL-MART CLEANING SUPPLIES 31.56 WAL-MART BOTTLED WATER 15.24 WAL-MART BOTTLED WATER 7.62 140 KONE ELEVATOR MAINTENANCE 250 524.32 FRIENDS OF THE COLEMAN 141 ADMIRAL EXPRESS FASTENERS, INDEX DIVIDERS 13.56 13.56 TOTAL 12,838.35  MDRA PURCHASE ORDERS PRESENTED March 16, 2015 CLAIM # VENDOR DESCRIPTION TOTAL 142 AT & T TELEPHONE, LONG DISTANCE 245.69 143 ACS ELECTRONIC SYSTEMS LABOR, TRAVEL (HVAC COMPUTER) 330.00 144 BEN E. KEITH CONCESSION SUPPLIES 597.68 145 CABLEONE MARCH INTERNET SERVICE 76.52 146 CERTIFIED LABORATORIES WATER TREATMENT CONTRACT 314.01 147 FIRST NATIONAL BANK MARCH SEAT INTEREST 89.82 148 HOLIDAY INN EXPRESS LODGING (DENNIS JAMES, JOHN REISTER) 257.64 149 HOMETOWN DEALS ADVERTISING 75.00 150 MIAMI LITTLE THEATRE TICKET SALES (PO#15-05414) 1,972.00 151 OKLAHOMA NATURAL GAS FEBRUARY GAS SERVICE 82.41 152 OKLAHOMA STATE DEPT. OF HEALTH FOOD SERVICE LICENSE 100.00 153 OKLAHOMA TAX COMMISSION FEBRUARY CONCESSION & TICKET SALES TAX 621.96 OKLAHOMA TAX COMMISSION SALES TAX PERMIT 20.00 154 RED RIVER PIPE ORGAN ORGAN REPAIRS (PO#15-05435) 2,765.48 7,548.21 CREDIT CARD PURCHASES (JANUARY 1 - FEBRUARY 16, 2015) 155 ACE HARDWARE CONCRETE MIX, COUPLING 25.93 ACE HARDWARE OUTLET BOX, DRAIN GRATE 10.04 156 B & L WATERWORKS FLOOR DRAIN PARTS 54.03 157 KONE ELEVATOR MAINTENANCE 250.00 158 LOCKE SUPPLY LIGHT BULBS 20.64 LOCKE SUPPLY FLUSH VALVE 70.74 LOCKE SUPPLY WAX RING/FLANGE 27.59 159 MARVIN'S GROCERY COFFEE 10.94 160 WALMART PRINTER INK 96.89 566.80 FRIENDS OF THE COLEMAN 161 AMERICAN LEGION FLAG PROGRAM FLAG PROGRAM 25.00 162 FIRST NATIONAL BANK SEAT PRINCIPAL PAYMENT 5,000.00 163 GARY CROW TRAVEL REIMBURSEMENT 10.79 164 LARRY ROBERTS TRAVEL REIMBURSEMENT 43.61 165 MDRA REIMBURSEMENT (PAYMENT ON PLEDGE) 250.00 166 RED RIVER PIPE ORGAN MIDI PRO-FILER 1,190.00 167 SHOW ME MONTHLY ADVERTISING (SHOW ME MAGAZINE) 250.00 6,769.40 TOTAL OF ALL CLAIMS 14,884.41  MIAMI DOWNTOWN REDEVELOPMENT AUTHORITY (MDRA) ACTION/DECISION REQUEST MEETING DATE: March 16, 2015 AGENDA TITLE: Approve Coleman Theatre sound system repairs and calibration and advanced sound training. ACTION Authorize staff to more forward for sounds systems repairs and REQUESTED: calibration and advanced sound training pending funding approval. BACKGROUND: Trustee Ron Stowell has raised questions about the sound system in the theatre. Mr. Stowell’s concerns with the system are: • Speakers lack depth. The speakers produce high-frequency sound, mid- and low-range sound is lacking. • Interference through the system. There is concern that unshielded speaker wire was used in the installation process and is the cause of the interference. • Sound board is limited. The current board lacks the ability to add effects, primarily reverb. • Speakers near the balcony are not functioning properly. After visiting with Mr. Stowell and former manager Barbara Smith, it was agreed the first course of action would be to have a company come in and analyze the system, determine if what we have is working and installed properly and then make recommendations on how to address any items not working correctly and what options are available to help improve the sound quality in the theatre. On Monday, Feb. 23, Mr. Stowell and I met with Dane Warner of Warner Sound & Video/Techsico to discuss the Coleman Theatre sound system. Mr. Warner examined the equipment in place and, after evaluating the system, made the following statements: • The speakers in the theatre are adequate for the type of facility and entertainment offered at the Coleman Theatre. There are two main speakers near the balcony that are not working, unsure as to why. • The wiring used to wire the speakers is adequate. Any issues with wiring would result in a loss of volume and would not contribute to feedback. Feedback is likely due to a microphone issue and not the use of unshielded speaker wiring. After listening to the sound system, Mr. Warner noted there was no issue with volume loss. • The sound board currently in use is a very good professional board. To purchase a board with the types of effects Mr. Stowell is wanting, Mr. Warner said the theatre would have to drop down to a cheaper model to purchase one with reverb. Mr. Warner recommended purchasing an external reverb board that could be attached to the sound board if that was something the Trust wanted to add. The cost to add a reverb board would be around $400. • The theatre’s sound system needs to be recalibrated and the house equalizer set and left alone. Mr. Warner wants to determine why two main speakers are not working and bring them online  before calibrating the system. That process would run about $800 to $1,500 depending on what needs to be done. • A four-hour training seminar should be held once the system has been calibrated. The seminar would offer instruction on how to properly operate the sound board. The seminar would be open to up to 20 participants of staff’s choosing. Mr. Warner recommended that only those individuals completing the training system be allowed to operate the sound board. The cost for the seminar is $600. RECOMMENDATION: Staff recommends moving forward with Mr. Warner’s plan, minus the purchase of the reverb unit, pending funding approval. Based on Mr. Warner’s proposal, total cost for the project, minus the reverb unit, would be in the $1,400 to $1,500 range. MOTION: “I move to approve Coleman Theatre sound system repairs and calibration, minus the reverb unit, and the advanced sound system training seminar pending funding approval. PRESENTER(S): Shannon Duhon, Interim Director of the Coleman Theatre  Equipment List Techsico Enterprise Solutions Inc. 910 S Hudson Ave Tulsa, Ok 74112 918.585.2347 OK Lic #1103 Client: Coleman Theatre Address: Contact: Shannon Duhon Ticket # Phone Date: 2/26/2015 Email: colemantheatre@miamiokla.net Quoted By: dwarner Qty. Model Description Price ea. Cost $ - $ - 1 Hook up new amp to balcony speakers $ 845.00 $ 845.00 analyze and equalize room $ - $ - install new reverb unit $ - $ - $ - $ - 1 MX400LXR Lexicon digital reverb/ delay/ multi effects unit $ 388.70 $ 388.70 $ - $ - $ - $ - 1 Four hour advanced sound training class $ 600.00 $ 600.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - freight $ 28.00 Equipment Total $ 1,861.70 Labor to Install $ - Programming $ - Hotel and Per Diem $ - Total Proposal $ 1,861.70 Page 1  NOTICE OF REGULAR MEETING AND AGENDA OF THE MIAMI DOWNTOWN REDEVELOPMENT AUTHORITY (MDRA) MONDAY, OCTOBER 20, 2014 4:00 PM MIAMI CIVIC CENTER 129 5th Ave NW, Miami, Oklahoma 74354 Filed in the office of the City Clerk and posted in the main hallway and the north outside entryway of the Civic Center at __________AM/PM on October________, 2014. _________________________ Alicia Hogan, Deputy City Clerk THE AUTHORITY MAY DISCUSS, CONSIDER, AND VOTE ON ANY ITEM LISTED IN THIS AGENDA: 1. Call to Order Chairman Schultz 2. Public Input and Unscheduled Personal Appearances Chairman Schultz Note: Each person will be limited to 3 minutes on agenda items only. The purpose of this agenda item is to provide an opportunity for citizens’ comments on agenda items. Trustees do not engage in discussion under this agenda item and staff members are directed not to. Responses to citizen comments, if any, will occur under the applicable agenda item or may be reserved for further response by phone call, personal meeting, or posting on the City website. 3. CONSENT AGENDA Trustees By unanimous consent the public body may designate noncontroversial items to be considered in one motion and one vote. The public body may add items from the regular agenda and approve. Posted agenda items not added to the consent docket will be considered separately in their regular order. Staff recommends that Item 4 through Item 6 be placed on the consent agenda. 4. Approve Minutes: Aug. 18, 2014, and Sept. 15, 2014 Trustees 5. Approve Claims: $23,309.48 Trustees 6. Update on 501(c)(3) status for the Friends of the Coleman David Anderson 7. Contract structure for the Coleman Theatre and Amanda Davis Ballroom, including the requirement for a $1 million event liability insurance policy 8. Rick Scott Construction Contract for Coleman Ballroom Canopy Chuck Childs 9. Reports: A. Friends of the Coleman Robyn Carnett B. City of Miami/Convention and Visitors’ Bureau Amanda Davis 10. Theatre Manager’s Report and Update Shannon Duhon 11. Other New Business, if any, which has Arisen Since the Posting of the Agenda and Could Trustees Not Have been Anticipated Prior to the Time of Posting (25 O.S. §311 (9)) Agenda Miami Downtown Redevelopment Authority October 20, 2014 Page 2 12. Trustee Community Announcements Trustees 13. Future Agenda Planning Trustees 14. Adjournment Trustees The MDRA is committed to making this meeting accessible to all citizens and if special assistance or accommodations are required, please submit your request to the MDRA at the office of the Trust Manager. We also ask that all cell phones and pages be turned off or placed on silent. Thank you. Chris, Here is an idea for the LED lit letters for the awning at the Coleman. We will replace the background where the letters will mount, but I am not quoting the painting of the background. The installed cost will be $4,492.36. Let me know if you have any questions. Thank you, Colby Sparks Reed Architecture 28 October 2014 Gary Sparks Re; Coleman Theatre Ballroom Awning Paint returns on channel letters black, which will require removing letters from awning, and re-installing after paint…………………………………………………………………………………………………………….$1,628.00 Straighten trim, reset screw and rivets, clean joint caulking, seam seal as needed…………………….$836.00 Repaint entire awning, including a color change for the underneath…………………………………...$1,100.00 This quote does not include any decorative tin pieces that may not be able to be salvaged. If you have any questions, please contact me at 918-542-1180. Thank you, Colby Allen 307 East Central Avenue | Miami, OK 74354 | 918-542-1180 | allensignstudio.com  MIAMI DOWNTOWN REDEVELOPMENT AUTHORITY (MDRA) ACTION/DECISION REQUEST MEETING DATE: March 16, 2015 AGENDA TITLE: Resolution to waive rental fees ($875) and approve contract with the Miami Public Schools Enrichment Foundation for the Coleman Ballroom on March 27, 2015. ACTION Waive rental fees ($875) and approve contract with the Miami REQUESTED: Public Schools Enrichment Foundation for the Coleman Ballroom on March 27, 2015. BACKGROUND: The Miami Public Schools Enrichment Foundation asks that you consider waiving fees for its annual fundraiser on March 27, 2015, at the Coleman Ballroom. The request is being made to help the organization keep its expenses down. As a 501(c)(3) tax exempt organization, the foundation relies on the generous support and contributions from members of the community. It has raised funds to increase its endowment and award teachers with grants that are used to enrich the lives of young people. RECOMMENDATION: N/A MOTION: “I move to waive the rental fees ($875) for use of the Coleman Conference Center and Ballroom by the Miami Public Schools Enrichment Foundation for its annual fundraiser scheduled March 27, 2015. PRESENTER(S): Paul Marquez, Chairman, Miami Public Schools Enrichment Foundation  RESOLUTION NO. ___________ A RESOLUTION OF THE MIAMI DOWNTOWN REDEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, OKLAHOMA, PROVIDING FOR WAIVER OF ALL OR SOME PART OF AN ADMINISTRATIVE FEE IN A PARTICULAR INSTANCE IN FURTHERANCE OF A PUBLIC PURPOSE. WHEREAS, Section 27-5 (Discretionary Waiver of Administrative Fees) of Chapter 27 (Budget and Finance) of the Code of Ordinances states as follows: “Administrative fees imposed by the Code of Ordinances may be waived in whole or in part on a case-by-case basis only by written resolution of the City Council. Fee waivers shall be granted only when said waiver serves a public purpose.” WHEREAS, 11 O.S. §1-101(12) defines “Resolution” in pertinent part as follows: “… a special or temporary act of a municipal governing body which is declaratory of the will or opinion of a municipality in a given matter and is in the nature of a ministerial or administrative act. A resolution is not a law and does not prescribe a permanent rule … “ WHEREAS, the following described individual or organization has made application for the waiver of an administrative fee or fees as follows: Applicant: Miami Public Schools Enrichment Foundation Event: Annual Fundraiser Date: March 27, 2015 Facility: Coleman Conference Center and Ballroom The regular scheduled fee(s) for this facility and/or use is: Administration Fee: $75.00 (Non-Refundable Cleaning Fee) Deposit: $200.00 (Linen rental) Rental: $600.00 (Standard rental fee) Total: $875.00 The applicant has requested the waiver of all of the regular scheduled fee(s) for this facility and/or use on the date(s) in question for the following stated reason(s): The Miami Public Schools Enrichment Foundation asks that you consider waiving fees for its annual fundraiser on March 27, 2015, at the Coleman Ballroom. The request is being made to help the organization keep its expenses down. As a 501(c)(3) tax exempt organization, the foundation relies on the generous support and contributions from members of the community. It has raised funds to increase its endowment and award teachers with grants that are used to enrich the lives of young people. Page 1 of 3 WHEREAS, the City Manager and/or Staff have reviewed this Application and have determined that they (1) ___X___ have no recommendation; (2) or have the following recommendation: N/A WHEREAS, the City Attorney has provided the following summary of legal advice: “The City Attorney advises the City Council that 11 O.S. §33-103 provides that “… [a]ny governing body is hereby authorized and empowered to establish, provide, maintain, construct and conduct recreational activities on local nongovernmental properties as well as on publicly-owned facilities”, and that general municipal power to provide for parks and recreation empowers the City to assess and/or waive fees for such purposes. However, the City Attorney cautions that the administration of the fee structure(s) must not be “… arbitrary, discriminatory or unreasonable…”, and so it is his legal duty to inform you that the City Council should be very cautious about administering rates for parks and recreation services in a manner which inexplicably favors one activity or entity over another due at least in part to exposure to potential legal claims for arbitrary, discriminatory or unreasonable fee administration. Mitigating factors may include, inter alia, specific economic benefit in the form of increased sales tax and hotel tax revenues; however, the City Attorney recommends that a documented effort be made to support such assertion(s) before relying on them. At a minimum, the City Attorney advises the Council to consider the policy implications of partial waivers which recover actual additional expenditures by the City, which in this case has been estimated at $75.00 by Kevin Browning. The City Attorney acknowledges that such policy determinations are entrusted to the sound discretion of the City Council and he does not mean to imply that recovery of those out-of-pocket costs is a requirement of the law. Similarly the City Attorney gives no opinion about the policy considerations concerning the application of gate or advertising proceeds of the event which may be subsidized in part by the expenditure of public municipal funds via the requested fee waiver, although he suggests consideration of the same and encourages Council Members to make any such inquiry in advance of the meeting where this Resolution shall be considered for possible approval.” NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Miami, Oklahoma, as follows: ______The Application is denied; OR ______The Application is granted in whole (or in part) as stated herein because this waiver of administrative fees shall serve a legitimate public purpose as stated below: The Miami Public Schools Enrichment Foundation asks that you consider waiving fees for its annual fundraiser on March 27, 2015, at the Coleman Ballroom. The request is being made to help the organization keep its expenses down. As a 501(c)(3) tax exempt organization, the foundation relies on the generous support and contributions from members of the community. It has raised funds to increase its endowment and award teachers with grants that are used to enrich the lives of young people. The regular scheduled fee(s) for this particular event or use are hereby adjusted as follows: _______________________________________________________________ _______________________________________________________________ Page 2 of 3  FURTHERMORE, BE IT RESOLVED that the determination of this Resolution may have been based on facts and circumstances not stated herein, and which may or may not have been discussed or presented at the City Council meeting, and which has been determined in this particular case by the sound discretion of the City Council. This Resolution should not be interpreted to prescribe a permanent rule of government policy or law. PASSED and APPROVED by the Mayor and Council of the City of Miami, Oklahoma, this _________________________________________ , 201______. The forgoing Resolution was considered at a public meeting of the City Council in open session pursuant to a specific agenda item A public roll-call vote was held and the City Council voted as follows: ______For, _____Against, _______Abstaining ________________________________________ ATTEST: RUDY SCHULTZ, MAYOR ____________________________________ DEPUTY CITY CLERK PRE-APPROVED AS TO FORM PRE-APPROVED AS TO FORM AND LEGALITY ____________________________ _____________________________________ DEAN KRUITHOF, CITY MANAGER DAVID ANDERSON, CITY ATTORNEY [SEAL] Page 3 of 3  COLEMAN CONFERENCE CENTER/BALLROOM (Hereafter referred to as CCCB) FACILITIES RENTAL CONTRACT Organization Name:__Miami Public Schools Enrichment Foundation_____ Event Date: March 27, 2015_ Event Name:____MPSEF Annual Fundraiser_________________________________________________ Contact Person:__Paul Marquez____________ Phone:_______________ Fax:_____________________ Address:_____paul.marquez@oesc.state.ok.us_______________________________________________ Area rented:_____Ballroom_____________________ Approx. number of guests:_____200___________ Hours of event:_____5 p.m. to 10 p.m._____________________________________________________ Caterer:_________Unknown_________________________ Phone:______________________________ RENTAL FEES – ESTIMATED $__________________________Room Rental Fe_________ $__________________________refundable damage deposit $__________________________non-refundable cleaning fee $__ ________________________less security deposit______ $__________________________Estimated Balance due____ (Additional fees for extra services may apply- if so, they will be listed below and added to the total final rental fee) $______________________AV Tech Fee $___________Linens (tablecloths) $________ Napkins $______________________AV Equip Fee $___________China $________Flatware $______________________Miscellaneous TOTAL RENTAL FEE $______________________ (List attached) INDEMNIFICATION AND LIABILITY User/Renter agrees to indemnify and hold harmless the CCCB from all claims, liability, damage, injury penalty, fine or loss, directly or indirectly, by any persons, authority, or entity for injuries to persons or property or damage which in any way results from the use of said or to premises by User; and if any suit or proceeding shall be brought against the Coleman CC/Ballroom on account of damage, injury, omission, neglect, commission, liability claim or loss occasioned upon by servants, invitees, licensees, or guests of User, or any other person, the User, at its sole expense, will defend same and will pay any judgments which may be recovered against the CCCB. AGREED TO BY: ________________________________________________________________________ _______________________ Signature of User or Authorized Representative Date ________________________________________________________________________ _______________________ Signature of Coleman Conference Center/Ballroom Representative Date  MIAMI DOWNTOWN REDEVELOPMENT AUTHORITY (MDRA) ACTION/DECISION REQUEST MEETING DATE: March 16, 2015 AGENDA TITLE: Resolution to waive rental fees ($375) and approve contract with the Ministerial Alliance for the Coleman Theatre on April 4, 2015. ACTION Waive rental fees ($375) and approve contract with Ministerial REQUESTED: Alliance for the Coleman Theatre on April 4, 2015. BACKGROUND: The Ministerial Alliance would like to use the Coleman Theatre on Saturday, April 4, 2015, to show the film, “The Passion of the Christ.” The Ministerial Alliance is covering the applicable license fees through Swank Motion Pictures and asking for the fees to be waived to show the movie in the Coleman Theatre. Admission to the movie will be free. A free will offering will be presented to raise funds to support The Harbor. RECOMMENDATION: N/A MOTION: “I move to waive the rental fees ($375) for use of the Coleman Theatre by the Ministerial Alliance for its showing of the film, “The Passion of the Christ,” on April 4, 2015. PRESENTER(S): Phil Shyers, Ministerial Alliance  RESOLUTION NO. ___________ A RESOLUTION OF THE MIAMI DOWNTOWN REDEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, OKLAHOMA, PROVIDING FOR WAIVER OF ALL OR SOME PART OF AN ADMINISTRATIVE FEE IN A PARTICULAR INSTANCE IN FURTHERANCE OF A PUBLIC PURPOSE. WHEREAS, Section 27-5 (Discretionary Waiver of Administrative Fees) of Chapter 27 (Budget and Finance) of the Code of Ordinances states as follows: “Administrative fees imposed by the Code of Ordinances may be waived in whole or in part on a case-by-case basis only by written resolution of the City Council. Fee waivers shall be granted only when said waiver serves a public purpose.” WHEREAS, 11 O.S. §1-101(12) defines “Resolution” in pertinent part as follows: “… a special or temporary act of a municipal governing body which is declaratory of the will or opinion of a municipality in a given matter and is in the nature of a ministerial or administrative act. A resolution is not a law and does not prescribe a permanent rule … “ WHEREAS, the following described individual or organization has made application for the waiver of an administrative fee or fees as follows: Applicant: Ministerial Alliance Event: Free Showing of the Film, “The Passion of the Christ” Date: April 4, 2015 Facility: Coleman Theatre The regular scheduled fee(s) for this facility and/or use is: Administration Fee: $75.00 (Non-Refundable Cleaning Fee) Rental: $300.00 (Standard rental fee) Total: $375.00 The applicant has requested the waiver of all of the regular scheduled fee(s) for this facility and/or use on the date(s) in question for the following stated reason(s): The Ministerial Alliance would like to use the Coleman Theatre on Saturday, April 4, 2015, to show the film, “The Passion of the Christ.” The Ministerial Alliance is covering the applicable license fees through Swank Motion Pictures and asking for the fees to be waived to show the movie in the Coleman Theatre. Admission to the movie will be free. A free will offering will be presented to raise funds to support The Harbor. WHEREAS, the City Manager and/or Staff have reviewed this Application and have determined that they (1) ___X___ have no recommendation; (2) or have the following recommendation: N/A WHEREAS, the City Attorney has provided the following summary of legal advice: “The City Attorney advises the City Council that 11 O.S. §33-103 provides that “… [a]ny governing body is Page 1 of 3 hereby authorized and empowered to establish, provide, maintain, construct and conduct recreational activities on local nongovernmental properties as well as on publicly-owned facilities”, and that general municipal power to provide for parks and recreation empowers the City to assess and/or waive fees for such purposes. However, the City Attorney cautions that the administration of the fee structure(s) must not be “… arbitrary, discriminatory or unreasonable…”, and so it is his legal duty to inform you that the City Council should be very cautious about administering rates for parks and recreation services in a manner which inexplicably favors one activity or entity over another due at least in part to exposure to potential legal claims for arbitrary, discriminatory or unreasonable fee administration. Mitigating factors may include, inter alia, specific economic benefit in the form of increased sales tax and hotel tax revenues; however, the City Attorney recommends that a documented effort be made to support such assertion(s) before relying on them. At a minimum, the City Attorney advises the Council to consider the policy implications of partial waivers which recover actual additional expenditures by the City, which in this case has been estimated at $75.00 by Kevin Browning. The City Attorney acknowledges that such policy determinations are entrusted to the sound discretion of the City Council and he does not mean to imply that recovery of those out-of-pocket costs is a requirement of the law. Similarly the City Attorney gives no opinion about the policy considerations concerning the application of gate or advertising proceeds of the event which may be subsidized in part by the expenditure of public municipal funds via the requested fee waiver, although he suggests consideration of the same and encourages Council Members to make any such inquiry in advance of the meeting where this Resolution shall be considered for possible approval.” NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Miami, Oklahoma, as follows: ______The Application is denied; OR ______The Application is granted in whole (or in part) as stated herein because this waiver of administrative fees shall serve a legitimate public purpose as stated below: The Ministerial Alliance would like to use the Coleman Theatre on Saturday, April 4, 2015, to show the film, “The Passion of the Christ.” The Ministerial Alliance is covering the applicable license fees through Swank Motion Pictures and asking for the fees to be waived to show the movie in the Coleman Theatre. Admission to the movie will be free. A free will offering will be presented to raise funds to support The Harbor. The regular scheduled fee(s) for this particular event or use are hereby adjusted as follows: _______________________________________________________________ _______________________________________________________________ FURTHERMORE, BE IT RESOLVED that the determination of this Resolution may have been based on facts and circumstances not stated herein, and which may or may not have been discussed or presented at the City Council meeting, and which has been determined in this particular case by the sound discretion of the City Council. This Resolution should not be interpreted to prescribe a permanent rule of government policy or law. Page 2 of 3  PASSED and APPROVED by the Mayor and Council of the City of Miami, Oklahoma, this _________________________________________ , 201______. The forgoing Resolution was considered at a public meeting of the City Council in open session pursuant to a specific agenda item A public roll-call vote was held and the City Council voted as follows: ______For, _____Against, _______Abstaining ________________________________________ ATTEST: RUDY SCHULTZ, MAYOR ____________________________________ DEPUTY CITY CLERK PRE-APPROVED AS TO FORM PRE-APPROVED AS TO FORM AND LEGALITY ____________________________ _____________________________________ DEAN KRUITHOF, CITY MANAGER DAVID ANDERSON, CITY ATTORNEY [SEAL] Page 3 of 3  COLEMAN CONFERENCE CENTER/BALLROOM (Hereafter referred to as CCCB) FACILITIES RENTAL CONTRACT Organization Name:__Ministerial Alliance___________________________ Event Date: __April 4, 2015_ Event Name:____”The Passion of the Christ”_________________________________________________ Contact Person:__Chuch Childs_____________ Phone:_______________ Fax:_____________________ Address:_____childs85@gmail.com________________________________________________________ Area rented:_____Theatre_____________________ Approx. number of guests:_____300___________ Hours of event:_____TO BE DETERMINED__________________________________________________ Caterer:_________None____________________________ Phone:______________________________ RENTAL FEES – ESTIMATED $__________________________Room Rental Fe_________ $__________________________refundable damage deposit $__________________________non-refundable cleaning fee $__ ________________________less security deposit______ $__________________________Estimated Balance due____ (Additional fees for extra services may apply- if so, they will be listed below and added to the total final rental fee) $______________________AV Tech Fee $___________Linens (tablecloths) $________ Napkins $______________________AV Equip Fee $___________China $________Flatware $______________________Miscellaneous TOTAL RENTAL FEE $______________________ (List attached) INDEMNIFICATION AND LIABILITY User/Renter agrees to indemnify and hold harmless the CCCB from all claims, liability, damage, injury penalty, fine or loss, directly or indirectly, by any persons, authority, or entity for injuries to persons or property or damage which in any way results from the use of said or to premises by User; and if any suit or proceeding shall be brought against the Coleman CC/Ballroom on account of damage, injury, omission, neglect, commission, liability claim or loss occasioned upon by servants, invitees, licensees, or guests of User, or any other person, the User, at its sole expense, will defend same and will pay any judgments which may be recovered against the CCCB. AGREED TO BY: ________________________________________________________________________ _______________________ Signature of User or Authorized Representative Date ________________________________________________________________________ _______________________ Signature of Coleman Conference Center/Ballroom Representative Date  MIAMI DOWNTOWN REDEVELOPMENT AUTHORITY (MDRA) ACTION/DECISION REQUEST MEETING DATE: March 16, 2015 AGENDA TITLE: Resolution to waive rental fees ($575) and approve contract with the Modoc Tribe of Oklahoma for the Coleman Theatre on April 14-15, 2015. ACTION Waive rental fees ($575) and approve contract with the Modoc REQUESTED: Tribe of Oklahoma for the Coleman Theatre on April 14-15, 2015. BACKGROUND: The Modoc Tribe of Oklahoma is requested the rental fee waiver for the Coleman Theatre to present its “Week of the Young Child 2015” program April 14-15, 2015. There will be two performances of “The NED Show” each day, the first at 9:30 a.m. and the second at 1 p.m. The event is sponsored by the Modoc Tribe, Miami Nation, Peoria Tribe, Quapaw Tribe, Ottawa Tribe, Shawnee Tribe, Seneca-Cayuga Tribe, Wyandotte Nation and Eastern Shawnee Tribe. In lieu of the fee waiver, the Wyandotte Nation will make a $500 donation to the Coleman Theatre. RECOMMENDATION: N/A MOTION: “I move to waive the rental fees ($575) for use of the Coleman Theatre by the Modoc Tribe of Oklahoma for its “Week of the Young Child 2015” presentation April 14-15, 2015. PRESENTER(S): Linda Nott, CCDF Assistant, Modoc Tribe of Oklahoma  RESOLUTION NO. ___________ A RESOLUTION OF THE MIAMI DOWNTOWN REDEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, OKLAHOMA, PROVIDING FOR WAIVER OF ALL OR SOME PART OF AN ADMINISTRATIVE FEE IN A PARTICULAR INSTANCE IN FURTHERANCE OF A PUBLIC PURPOSE. WHEREAS, Section 27-5 (Discretionary Waiver of Administrative Fees) of Chapter 27 (Budget and Finance) of the Code of Ordinances states as follows: “Administrative fees imposed by the Code of Ordinances may be waived in whole or in part on a case-by-case basis only by written resolution of the City Council. Fee waivers shall be granted only when said waiver serves a public purpose.” WHEREAS, 11 O.S. §1-101(12) defines “Resolution” in pertinent part as follows: “… a special or temporary act of a municipal governing body which is declaratory of the will or opinion of a municipality in a given matter and is in the nature of a ministerial or administrative act. A resolution is not a law and does not prescribe a permanent rule … “ WHEREAS, the following described individual or organization has made application for the waiver of an administrative fee or fees as follows: Applicant: Modoc Tribe of Oklahoma Event: “Week of the Young Child 2015” Date: April 14-15, 2015 Facility: Coleman Theatre The regular scheduled fee(s) for this facility and/or use is: Administration Fee: $150.00 (Non-Refundable Cleaning Fee, 2 days) Rental: $400.00 (Standard rental fee, 2 days) Total: $575.00 The applicant has requested the waiver of all of the regular scheduled fee(s) for this facility and/or use on the date(s) in question for the following stated reason(s): The Modoc Tribe of Oklahoma is requested the rental fee waiver for the Coleman Theatre to present its “Week of the Young Child 2015” program April 14-15, 2015. There will be two performances of “The NED Show” each day, the first at 9:30 a.m. and the second at 1 p.m. The event is sponsored by the Modoc Tribe, Miami Nation, Peoria Tribe, Quapaw Tribe, Ottawa Tribe, Shawnee Tribe, Seneca-Cayuga Tribe, Wyandotte Nation and Eastern Shawnee Tribe. In lieu of the fee waiver, the Wyandotte Nation will make a $500 donation to the Coleman Theatre. WHEREAS, the City Manager and/or Staff have reviewed this Application and have determined that they (1) ___X___ have no recommendation; (2) or have the following recommendation: N/A Page 1 of 3 WHEREAS, the City Attorney has provided the following summary of legal advice: “The City Attorney advises the City Council that 11 O.S. §33-103 provides that “… [a]ny governing body is hereby authorized and empowered to establish, provide, maintain, construct and conduct recreational activities on local nongovernmental properties as well as on publicly-owned facilities”, and that general municipal power to provide for parks and recreation empowers the City to assess and/or waive fees for such purposes. However, the City Attorney cautions that the administration of the fee structure(s) must not be “… arbitrary, discriminatory or unreasonable…”, and so it is his legal duty to inform you that the City Council should be very cautious about administering rates for parks and recreation services in a manner which inexplicably favors one activity or entity over another due at least in part to exposure to potential legal claims for arbitrary, discriminatory or unreasonable fee administration. Mitigating factors may include, inter alia, specific economic benefit in the form of increased sales tax and hotel tax revenues; however, the City Attorney recommends that a documented effort be made to support such assertion(s) before relying on them. At a minimum, the City Attorney advises the Council to consider the policy implications of partial waivers which recover actual additional expenditures by the City, which in this case has been estimated at $75.00 by Kevin Browning. The City Attorney acknowledges that such policy determinations are entrusted to the sound discretion of the City Council and he does not mean to imply that recovery of those out-of-pocket costs is a requirement of the law. Similarly the City Attorney gives no opinion about the policy considerations concerning the application of gate or advertising proceeds of the event which may be subsidized in part by the expenditure of public municipal funds via the requested fee waiver, although he suggests consideration of the same and encourages Council Members to make any such inquiry in advance of the meeting where this Resolution shall be considered for possible approval.” NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Miami, Oklahoma, as follows: ______The Application is denied; OR ______The Application is granted in whole (or in part) as stated herein because this waiver of administrative fees shall serve a legitimate public purpose as stated below: The Modoc Tribe of Oklahoma is requested the rental fee waiver for the Coleman Theatre to present its “Week of the Young Child 2015” program April 14-15, 2015. There will be two performances of “The NED Show” each day, the first at 9:30 a.m. and the second at 1 p.m. The event is sponsored by the Modoc Tribe, Miami Nation, Peoria Tribe, Quapaw Tribe, Ottawa Tribe, Shawnee Tribe, Seneca-Cayuga Tribe, Wyandotte Nation and Eastern Shawnee Tribe. In lieu of the fee waiver, the Wyandotte Nation will make a $500 donation to the Coleman Theatre. The regular scheduled fee(s) for this particular event or use are hereby adjusted as follows: _______________________________________________________________ _______________________________________________________________ FURTHERMORE, BE IT RESOLVED that the determination of this Resolution may have been based on facts and circumstances not stated herein, and which may or may not have been discussed or presented at the City Council meeting, and which has been determined in this Page 2 of 3  particular case by the sound discretion of the City Council. This Resolution should not be interpreted to prescribe a permanent rule of government policy or law. PASSED and APPROVED by the Mayor and Council of the City of Miami, Oklahoma, this _________________________________________ , 201______. The forgoing Resolution was considered at a public meeting of the City Council in open session pursuant to a specific agenda item A public roll-call vote was held and the City Council voted as follows: ______For, _____Against, _______Abstaining ________________________________________ ATTEST: RUDY SCHULTZ, MAYOR ____________________________________ DEPUTY CITY CLERK PRE-APPROVED AS TO FORM PRE-APPROVED AS TO FORM AND LEGALITY ____________________________ _____________________________________ DEAN KRUITHOF, CITY MANAGER DAVID ANDERSON, CITY ATTORNEY [SEAL] Page 3 of 3  COLEMAN CONFERENCE CENTER/BALLROOM (Hereafter referred to as CCCB) FACILITIES RENTAL CONTRACT Organization Name:__Modoc Tribe of Oklahoma__________________ Event Date: __April 14-15, 2015_ Event Name:____”The Week of the Young Child 2015”________________________________________ Contact Person:__Linda Nott_______________ Phone:_918-542-0953_____ Fax:___________________ Address:_____blondewf51@yahoo.com____________________________________________________ Area rented:_____Theatre_____________________ Approx. number of guests:_____TBD___________ Hours of event:_____9 a.m. to 4 p.m. April 14 and 15_________________________________________ Caterer:_________None____________________________ Phone:______________________________ RENTAL FEES – ESTIMATED $__________________________Room Rental Fe_________ $__________________________refundable damage deposit $__________________________non-refundable cleaning fee $__ ________________________less security deposit______ $__________________________Estimated Balance due____ (Additional fees for extra services may apply- if so, they will be listed below and added to the total final rental fee) $______________________AV Tech Fee $___________Linens (tablecloths) $________ Napkins $______________________AV Equip Fee $___________China $________Flatware $______________________Miscellaneous TOTAL RENTAL FEE $______________________ (List attached) INDEMNIFICATION AND LIABILITY User/Renter agrees to indemnify and hold harmless the CCCB from all claims, liability, damage, injury penalty, fine or loss, directly or indirectly, by any persons, authority, or entity for injuries to persons or property or damage which in any way results from the use of said or to premises by User; and if any suit or proceeding shall be brought against the Coleman CC/Ballroom on account of damage, injury, omission, neglect, commission, liability claim or loss occasioned upon by servants, invitees, licensees, or guests of User, or any other person, the User, at its sole expense, will defend same and will pay any judgments which may be recovered against the CCCB. AGREED TO BY: ________________________________________________________________________ _______________________ Signature of User or Authorized Representative Date ________________________________________________________________________ _______________________ Signature of Coleman Conference Center/Ballroom Representative Date  MIAMI DOWNTOWN REDEVELOPMENT AUTHORITY (MDRA) ACTION/DECISION REQUEST MEETING DATE: March 16, 2015 AGENDA TITLE: Resolution to waive rental fees ($475) and approve contract with the Miami Area Chamber of Commerce for the Coleman Ballroom on April 24, 2015. ACTION Waive rental fees ($475) and approve contract with the Miami REQUESTED: Area Chamber of Commerce for the Coleman Ballroom on April 24, 2015. BACKGROUND: The Miami Area Chamber of Commerce is taking the lead in celebrating the 100th birthday of Ms. Dena Anders, but this is a community-wide celebration. Rarely does someone reach this centennial milestone, let alone a local business owner who continues to work in her retail establishment daily. As part of this celebration, state Rep. Ben Loring will present a state proclamation proclaiming April 23, 2015, Dena Anders Day. The chamber will have a similar proclamation from the City of Miami and have the mayor or a city council member read and present the proclamation. Part of the program will also include community members giving testimonials and telling stories about Ms. Anders’ life. The Miami Area Chamber of Commerce respectfully requests all fees associated with using the Coleman Ballroom on Friday, April 24, from 2 to 4 p.m. be waived. RECOMMENDATION: N/A MOTION: “I move to waive the rental fees ($475) for use of the Coleman Ballroom by the Miami Area Chamber of Commerce for its celebration of the 100th birthday of Ms. Dena Anders on April 24, 2015. PRESENTER(S): Michelle Bolton, Executive Director, Miami Area Chamber of Commerce  RESOLUTION NO. ___________ A RESOLUTION OF THE MIAMI DOWNTOWN REDEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, OKLAHOMA, PROVIDING FOR WAIVER OF ALL OR SOME PART OF AN ADMINISTRATIVE FEE IN A PARTICULAR INSTANCE IN FURTHERANCE OF A PUBLIC PURPOSE. WHEREAS, Section 27-5 (Discretionary Waiver of Administrative Fees) of Chapter 27 (Budget and Finance) of the Code of Ordinances states as follows: “Administrative fees imposed by the Code of Ordinances may be waived in whole or in part on a case-by-case basis only by written resolution of the City Council. Fee waivers shall be granted only when said waiver serves a public purpose.” WHEREAS, 11 O.S. §1-101(12) defines “Resolution” in pertinent part as follows: “… a special or temporary act of a municipal governing body which is declaratory of the will or opinion of a municipality in a given matter and is in the nature of a ministerial or administrative act. A resolution is not a law and does not prescribe a permanent rule … “ WHEREAS, the following described individual or organization has made application for the waiver of an administrative fee or fees as follows: Applicant: Miami Area Chamber of Commerce Event: 100th Birthday Celebration for Ms. Dena Anders Date: April 24, 2015 Facility: Coleman Conference Center and Ballroom The regular scheduled fee(s) for this facility and/or use is: Administration Fee: $74.00 (Non-Refundable Cleaning Fee) Rental: $400.00 (Standard meeting rental fee) Total: $475.00 The applicant has requested the waiver of all of the regular scheduled fee(s) for this facility and/or use on the date(s) in question for the following stated reason(s): The Miami Area Chamber of Commerce is taking the lead in celebrating the 100th birthday of Ms. Dena Anders, but this is a community-wide celebration. Rarely does someone reach this centennial milestone, let alone a local business owner who continues to work in her retail establishment daily. As part of this celebration, state Rep. Ben Loring will present a state proclamation proclaiming April 23, 2015, Dena Anders Day. The chamber will have a similar proclamation from the City of Miami and have the mayor or a city council member read and present the proclamation. Part of the program will also include community members giving testimonials and telling stories about Ms. Anders’ life. The Miami Area Chamber of Commerce respectfully requests all fees associated with using the Coleman Ballroom on Friday, April 24, from 2 to 4 p.m. be waived. Page 1 of 3 WHEREAS, the City Manager and/or Staff have reviewed this Application and have determined that they (1) ___X___ have no recommendation; (2) or have the following recommendation: N/A WHEREAS, the City Attorney has provided the following summary of legal advice: “The City Attorney advises the City Council that 11 O.S. §33-103 provides that “… [a]ny governing body is hereby authorized and empowered to establish, provide, maintain, construct and conduct recreational activities on local nongovernmental properties as well as on publicly-owned facilities”, and that general municipal power to provide for parks and recreation empowers the City to assess and/or waive fees for such purposes. However, the City Attorney cautions that the administration of the fee structure(s) must not be “… arbitrary, discriminatory or unreasonable…”, and so it is his legal duty to inform you that the City Council should be very cautious about administering rates for parks and recreation services in a manner which inexplicably favors one activity or entity over another due at least in part to exposure to potential legal claims for arbitrary, discriminatory or unreasonable fee administration. Mitigating factors may include, inter alia, specific economic benefit in the form of increased sales tax and hotel tax revenues; however, the City Attorney recommends that a documented effort be made to support such assertion(s) before relying on them. At a minimum, the City Attorney advises the Council to consider the policy implications of partial waivers which recover actual additional expenditures by the City, which in this case has been estimated at $75.00 by Kevin Browning. The City Attorney acknowledges that such policy determinations are entrusted to the sound discretion of the City Council and he does not mean to imply that recovery of those out-of-pocket costs is a requirement of the law. Similarly the City Attorney gives no opinion about the policy considerations concerning the application of gate or advertising proceeds of the event which may be subsidized in part by the expenditure of public municipal funds via the requested fee waiver, although he suggests consideration of the same and encourages Council Members to make any such inquiry in advance of the meeting where this Resolution shall be considered for possible approval.” NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Miami, Oklahoma, as follows: ______The Application is denied; OR ______The Application is granted in whole (or in part) as stated herein because this waiver of administrative fees shall serve a legitimate public purpose as stated below: The Miami Area Chamber of Commerce is taking the lead in celebrating the 100th birthday of Ms. Dena Anders, but this is a community-wide celebration. Rarely does someone reach this centennial milestone, let alone a local business owner who continues to work in her retail establishment daily. As part of this celebration, state Rep. Ben Loring will present a state proclamation proclaiming April 23, 2015, Dena Anders Day. The chamber will have a similar proclamation from the City of Miami and have the mayor or a city council member read and present the proclamation. Part of the program will also include community members giving testimonials and telling stories about Ms. Anders’ life. The Miami Area Chamber of Commerce respectfully requests all fees associated with using the Coleman Ballroom on Friday, April 24, from 2 to 4 p.m. be waived. Page 2 of 3  The regular scheduled fee(s) for this particular event or use are hereby adjusted as follows: _______________________________________________________________ _______________________________________________________________ FURTHERMORE, BE IT RESOLVED that the determination of this Resolution may have been based on facts and circumstances not stated herein, and which may or may not have been discussed or presented at the City Council meeting, and which has been determined in this particular case by the sound discretion of the City Council. This Resolution should not be interpreted to prescribe a permanent rule of government policy or law. PASSED and APPROVED by the Mayor and Council of the City of Miami, Oklahoma, this _________________________________________ , 201______. The forgoing Resolution was considered at a public meeting of the City Council in open session pursuant to a specific agenda item A public roll-call vote was held and the City Council voted as follows: ______For, _____Against, _______Abstaining ________________________________________ ATTEST: RUDY SCHULTZ, MAYOR ____________________________________ DEPUTY CITY CLERK PRE-APPROVED AS TO FORM PRE-APPROVED AS TO FORM AND LEGALITY ____________________________ _____________________________________ DEAN KRUITHOF, CITY MANAGER DAVID ANDERSON, CITY ATTORNEY [SEAL] Page 3 of 3  COLEMAN CONFERENCE CENTER/BALLROOM (Hereafter referred to as CCCB) FACILITIES RENTAL CONTRACT Organization Name:__Miami Area Chamber of Commerce_____________ Event Date: __April 24, 2015_ Event Name:____100th Birthday Celebration for Ms. Dena Anders________________________________ Contact Person:__Michelle Bolton___________ Phone:_918-533-0494_____ Fax:___________________ Address:_____michelle@miamiokchamber.com______________________________________________ Area rented:_____Ballroom_____________________ Approx. number of guests:_____TBD___________ Hours of event:_____2 p.m. to 4 p.m. April 24, 2015__________________________________________ Caterer:_________Unknown_________________________ Phone:______________________________ RENTAL FEES – ESTIMATED $__________________________Room Rental Fe_________ $__________________________refundable damage deposit $__________________________non-refundable cleaning fee $__ ________________________less security deposit______ $__________________________Estimated Balance due____ (Additional fees for extra services may apply- if so, they will be listed below and added to the total final rental fee) $______________________AV Tech Fee $___________Linens (tablecloths) $________ Napkins $______________________AV Equip Fee $___________China $________Flatware $______________________Miscellaneous TOTAL RENTAL FEE $______________________ (List attached) INDEMNIFICATION AND LIABILITY User/Renter agrees to indemnify and hold harmless the CCCB from all claims, liability, damage, injury penalty, fine or loss, directly or indirectly, by any persons, authority, or entity for injuries to persons or property or damage which in any way results from the use of said or to premises by User; and if any suit or proceeding shall be brought against the Coleman CC/Ballroom on account of damage, injury, omission, neglect, commission, liability claim or loss occasioned upon by servants, invitees, licensees, or guests of User, or any other person, the User, at its sole expense, will defend same and will pay any judgments which may be recovered against the CCCB. AGREED TO BY: ________________________________________________________________________ _______________________ Signature of User or Authorized Representative Date ________________________________________________________________________ _______________________ Signature of Coleman Conference Center/Ballroom Representative Date  City of Miami Hotel Tax Report Total Gross Hotel Receipts Collected by the Miami Hotels Month 06/07 07/08 08/09 09/10 10/11 11/12 12/13 13/14 14/15 Diff 13/14 July 270,239.02 287,584.44 400,355.29 369,976.17 410,990.79 651,473.85 439,177.88 416,445.28 449,508.18 33,062.90 August 227,129.64 276,908.78 351,773.15 266,758.25 321,763.60 525,178.54 441,157.59 389,022.51 432,758.96 43,736.45 September 246,749.76 249,557.06 252,644.19 259,570.03 286,977.54 378,911.74 389,095.91 359,084.93 349,899.20 -9,185.73 October 228,685.89 262,889.52 291,516.75 288,237.49 314,568.57 389,682.27 351,064.04 365,619.98 377,945.84 12,325.86 November 202,797.89 243,019.46 222,352.66 217,985.31 231,234.52 318,230.64 272,536.11 277,963.11 281,526.56 3,563.45 December 195,395.85 294,599.81 190,976.28 201,308.37 229,123.82 241,517.55 234,466.67 257,161.77 280,013.87 22,852.10 January 237,224.12 264,427.80 192,747.02 192,964.57 209,585.63 248,178.40 214,775.35 263,386.21 287,890.07 24,503.86 February 219,076.59 279,802.74 200,149.40 224,248.26 225,718.49 268,820.79 230,022.47 295,931.18 March 267,156.94 331,365.30 289,023.41 308,695.70 331,658.56 420,844.95 361,181.03 371,708.51 April 249,907.11 331,156.71 321,713.16 310,051.77 291,481.29 378,653.84 407,897.34 376,088.29 May 262,585.36 411,090.55 248,262.16 309,282.32 422,556.84 375,069.98 375,178.63 375,666.41 June 299,970.10 449,873.59 305,909.02 381,971.17 730,466.79 468,020.83 435,244.05 434,624.71 2,906,918.27 3,682,275.76 3,267,422.49 3,331,049.41 4,006,126.44 4,664,583.38 4,151,797.07 4,182,702.89 2,459,542.68 130,858.89 % Difference 6% 5% Hotel Tax Submitted to the City of Miami Month 06/07 07/08 08/09 09/10 10/11 11/12 12/13 13/14 14/15 Diff 13/14 July 10,381.12 11,046.84 15,638.41 14,002.94 15,620.83 25,125.85 17,004.79 19,986.28 20,294.13 307.85 August 8,805.19 10,637.12 13,512.87 9,939.81 13,202.26 20,270.04 17,004.61 18,594.45 20,659.32 2,064.87 September 9,741.60 9,586.75 9,740.19 10,033.28 11,268.00 13,806.08 15,006.96 16,858.12 16,754.73 (103.39) October 8,781.99 10,139.71 11,096.59 11,115.00 12,142.32 15,162.85 13,628.37 16,648.25 18,029.85 1,381.60 November 7,776.20 9,444.30 8,571.25 8,439.63 8,988.12 12,150.72 10,640.55 13,064.56 13,501.23 436.67 December 7,497.36 11,517.01 7,360.41 7,816.48 8,950.70 9,382.56 9,094.83 12,359.90 13,333.74 973.84 January 9,110.76 9,895.49 7,460.84 7,636.81 8,603.76 9,433.60 8,661.63 12,330.78 13,582.75 1,251.97 February 8,408.41 10,748.30 7,719.32 8,716.63 9,190.06 10,454.84 8,946.86 13,963.75 March 10,409.83 12,729.04 11,196.78 12,038.21 12,672.12 16,338.33 14,609.45 17,443.83 April 9,600.03 12,582.37 12,407.63 12,054.43 11,281.58 14,673.31 18,131.25 17,654.21 May 10,086.36 15,858.03 11,347.82 12,025.28 15,446.13 14,350.50 17,993.46 17,634.99 June 11,533.18 17,354.75 13,546.00 14,811.72 28,388.29 18,040.13 20,846.51 20,386.48 112,132.03 141,539.71 129,598.11 128,630.22 155,754.17 179,188.81 171,569.27 196,925.60 116,155.75 6,313.41 % Difference 6% MEMO: DEAN KRUITHOF, JILL FITZGIBBON, AMANDA DAVIS FROM: LINDSAY SCHNAKENBERG, FINANCE DIRECTOR SUBJECT: 3% SALES TAX RECEIPTS DATE: MARCH 9, 2015 FY 11/12 FY 12/13 Monthly % .65 Street FY 10/11 3% 3% FY 13/14 3% FY 14/15 3% Diff 14/15 Diff Sales Tax JULY 407,336 412,130 454,452 414,414 421,532 7,118 2% 92,457 AUG. 399,304 459,904 424,665 404,690 425,287 20,597 5% 93,281 SEP. 390,960 427,450 406,035 414,035 441,974 27,939 7% 96,940 OCT. 453,514 456,929 469,390 425,126 455,556 30,430 7% 99,920 NOV. 393,404 428,974 367,713 407,731 398,522 -9,209 -2% 87,410 DEC. 411,405 394,004 407,688 386,332 421,089 34,757 9% 92,360 JAN. 417,015 430,575 445,766 454,835 436,943 -17,892 -4% 95,837 FEB. 450,176 449,561 455,131 433,435 473,571 40,136 9% 103,871 MAR. 394,075 414,964 391,132 398,347 424,437 26,090 7% 93,094 APR. 385,964 422,206 412,400 432,452 -100% MAY 393,840 438,148 419,532 415,982 -100% JUNE 394,014 418,354 409,782 418,582 -100% TOTALS 4,891,007 5,153,199 5,063,685 5,005,961 3,898,912 159,967 855,169 Current Yrly % Difference 4% This report now shows the Sales Tax by fiscal year and in the month it is received by the City. Dec 2010 - shows first month of new street sales tax (.65) total 9.5% 1. Sales Tax is collected from the 1st - 31st of each month. 2. Businesses have until the 20th of the following month to report the previous month's sales. 3. Oklahoma Tax Commission releases the sales tax funds to the city on or about the 10th of the next month.