The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Tuesday, February 18, 2003 at 7:00 p.m., pursuant to notice duly posted as prescribed by law. Mayor Harden presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chris Harden
Mayor
Tom Claybrook Robert M. Pettyjohn
Commissioner Ward 1 Commissioner Ward 2
James Harrod Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Robert McDoulett
Trinity Baptist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of January 30 and February 3, 2003 meetings
b. Transfer of Appropriations in 2002 CDBG Entitlement Grant Fund
c. Acknowledge the following reports and minutes:
* Sales Tax Report through February, 2003
* Utility Division Report for the month of January, 2003
* Building Inspector Report for the month of January, 2003
* City Clerk Report for the month of January, 2003
* Warrant Officer activity report for the month of January, 2003
* Shawnee Community Center report for the month of January, 2003
* Planning Commission minutes from the January 15, 2003 meeting.
* Shawnee Urban Renewal Authority minutes from the January 22, 2003 meeting.
* Civic and Cultural Development Authority minutes from the December 19, 2002 meeting
* Sister Cities Council minutes from the January 14, 2003 meeting.
d. Authorize staff to advertise for bids for 72” mower for Parks Maintenance Division.
e. Acknowledge Order from Workers’ Compensation Court regarding David Vincent Keough.
f. Acknowledge settlement from Workers’ Compensation Court regarding James K. Watkins.
g. Approve Resolution No. 6163 regarding Highway 18 signalization project.
h. Mayor’s Appointment:
Planning Commission
Appoint Pat London to replace Pam Stephens to a term to expire 6/1/05
Before voting on the Consent Agenda, item (g) was pulled for separate consideration, as requested by Commissioner Harrod.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, that Agenda Item No. 1 a-h, less g, be approved. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
Under 1(g), Commissioner Harrod asked for clarification on the location of the signalization. The following resolution was then entered into record.
Resolution No. 6163 entitled “A resolution approving a certain project agreement between the City of Shawnee and the Department of Transportation of The State of Oklahoma in connection with certain traffic improvements on apportion of the state highway system within the corporate limits of the City now designed as Federal-Aid Surface Transportation Project STPY-163B, JP#05859(18) for the installing of traffic signals on SH-18 North of I-40.”
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the Title and Resolution No. 6163 be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
Thereupon Mayor Harden declared Resolution No. 6163 duly passed and adopted.
AGENDA ITEM NO. 2: Mayor’s Proclamation.
The following proclamations were issued:
“Read Across America Day”
March 1, 2003
(accepted by Debbie Hogue-Downing, Chapter Chairperson)
“Jeffrey Alan Rodgers Day”
February 19, 2003
(accepted by Jeffrey Rodgers)
AGENDA ITEM NO. 3: City Manager’s Presentation.
Personnel Director David Chesher presented a plaque and gift certificate to Wayne Lowery, Public Works Department, as the February employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 4: Consider the appeal of Travis Guess of the Administrative Hearing Officer’s determination that 147 S. Draper is a dilapidated structure and should be demolished.
Community Development Director Mike Southard gave the staff report detailing the process that started March 2001 in trying to work with the owner of the house on the property at 147 S. Draper that he determined was a dilapidated structure and ordered it to be demolished.
Mr. Steve Parker, attorney, and Mr. Travis Guess, the owner, both appeared before the Commission to appeal the order.
Upon discussion, a motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to allow Mr. Travis Guess a 90-day extension with the condition that Mr. Guess work with city staff to determine the specific items that need to be completed within the 90 days to save the house at 147 South Draper. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
AGENDA ITEM NO. 5: Consider the appeal of Phillip L. Smith of the Administrative Hearing Officer’s decision regarding the removal of 2 sign poles located at 4220 N. Harrison.
Administrative Hearing Officer Mike Southard gave the staff report stating that staff was starting to enforce the new sign ordinance, and the two sign poles at 4220 N. Harrison were ordered to be removed.
He advised that Mr. Smith, property owner, requested to keep the poles and use them for lighting the parking lot.
A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, to allow Phillip L. Smith 90 days to convert the two sign poles to light poles to provide lighting in the parking lot at 4220 North Harrison. Motion carried.
AYE: Claybrook, Harrod, Harden, Weaver, Peterson, Downing, Pettyjohn
NAY: None
AGENDA ITEM NO. 6: Consider approval of final plat for Windmill Ridge West Addition, Section 1, located east of Bryan Street and north of Independence Street. (Applicant: Greg Brown d/b/a Windmill Ridge LLC).
According to staff notes, this is a final plat for the second phase of the Windmill Ridge Addition.
The Planning Commission recommended approval with some recommended changes by staff.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve the final plat for Windmill Ridge West Addition, Section 1, east of Bryan Street and north of Independence Street with changes recommended by city staff as submitted by applicant Greg Brown doing business as Windmill Ridge LLC. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 7: Acknowledge Charter Communi-cation’s annual rate justification filing for 2003.
The Commission acknowledged the Charter Communication’s annual rate justification filing for 2003, an application filed by Charter, “FCC Form 1240 Updating Maximum Permitted Rates for Regulated Cable Services.”
The rates will go into effect May 2003. The letter of notification explained that the rate increases are a result of certain external costs such as programming, channel changes, copyright, inflation, true-up adjustments, and changes in costs associated with delivering cable service.
AGENDA ITEM NO. 8: Consider City Manager’s recommendation to hire David Cawthon to represent the Board of City Commissioners, excluding the plaintiff, in the lawsuit entitled, James Harrod and Kaye Steele Harrod vs. Board of City Commissioners, Case Number C-2003-97, filed in the District Court of Pottawatomie County.
In consideration of the city manager’s recommendation to hire Mr. David Cawthon, attorney, Commissioner Harrod stated he felt there was a conflict of interest with the hiring of David Cawthon due to the fact that the West Law Firm had represented Kaye Steele Harrod on past lawsuits.
After dialogue between Commissioner Harrod and Mr. Cawthon, City Attorney John Canavan informed the Commission that he was not notified of this matter and it was his opinion that there was not a conflict of interest with Mr. Cawthon representing the City because Mr. Cawthon was not directly involved in representing Mrs. Harrod.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve City Manager Terry Powell’s recommendation to hire David Cawthon, attorney of the West Law Firm, to represent the Board of City Commissioners, excluding the plaintiff, in the lawsuit entitled, James Harrod and Kaye Steele Harrod vs. Board of City Commissioners, Case Number C-2003-97, filed in the District Court of Pottawatomie County. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harden, Weaver, Peterson
NAY: None
ABSTAIN: Harrod
AGENDA ITEM NO. 9: Reconsider vote from the February 3, 2003 meeting regarding the approval of the wireless broadband internet agreement with Com Solutions & Systems, Inc., and the Oklahoma Municipal Services Corporation. (Requested by Commissioner Weaver)
A motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, to reconsider the vote from the February 3, 2003 meeting regarding approval of the wireless broadband internet agreement with Com Solutions & Systems, Inc. and the Oklahoma Municipal Services Corporation for discussion purposes. Motion carried.
AYE: Weaver, Pettyjohn, Harden, Peterson, Downing, Claybrook
NAY: Harrod
AGENDA ITEM NO. 10: Consider approval of an agreement between Shawnee Municipal Authority, Com Solutions & Systems, Inc., and the Oklahoma Municipal Services Corporation for the purposes of providing wireless broadband internet services to the Authority and its residents.
Commissioner Weaver explained his reason for bringing this item back before the Commission was to allow a local businessman, Mr. Danny Overland, to be heard regarding internet services his company can provide to the City.
Next, Mr. Danny Overland, MBO.NET, appeared before the Commission to state that he was requesting the Commission to delay at least for 90 days its decision to enter into the agreement with Com Solutions & Systems, Inc. so other local companies could be allowed to give a proposal for communication services.
Mr. Danny George, representative of Com Solutions & Systems, Inc. and Oklahoma Municipal Services, spoke to reiterate that the City already had its agreement and urged the Commission to stay with the agreement.
Following Mr. George, city staff member, Steve Nolen, Systems Administrator, presented the city’s side and re-emphasized that it would not be beneficial for the City to delay the agreement and he went over several factors that could cause a dis-service for the City. He pointed out that the City was not going into the business as a service provider and that any company could present a proposal to the city.
Concluding, Public Works Director James Cole added that about two years ago the City contracted with Utility Services Communications to market the space and particularly for the protection of the water towers.
He informed that Utility Services would monitor the installation of equipment placed on the water towers.
A motion was made by Commissioner Weaver not to approve the current agreement between the Shawnee Municipal Authority and Com Solutions & Systems, Inc. and Oklahoma Municipal Services Corporation for 90 days to allow other providers the opportunity to submit proposals for communication services. The motion died for lack of a second.
The agreement remains in effect.
AGENDA ITEM NO. 11: Consider a resolution approving the incurrence of indebtedness by the Shawnee Municipal Authority by the issuance of its utility revenue note, series 2003 in an amount not to exceed $19,200,000 and approving waiving of competitive bidding. Said issuance is to refinance the existing Series 1993 debt instruments at a better rate.
Mr. John Waldo of Oppenheim & Company, the City’s financial advisor, conveyed that the Pottawatomie County Development Authority had approved refinancing the existing Series 1993 debt instruments to get a better interest rate and was requesting the Commission’s consideration.
Mr. Waldo advised that the savings would be approximately $85,000 interest rates per year.
Resolution No. 6164 was introduced and read into record.
Resolution No. 6164 entitled “A resolution approving the incurrence of indebtedness by said The Shawnee Municipal Authority by the issuance of its Utility Revenue Note, Series 2003 in an amount not to exceed $19,200,000 to be delivered to the Pottawatomie County Development Authority (PCDA”) to be pledged as security for PCDA’S Water Revenue Bonds, Series 2003 (North Deer Creek Reservoir Project); approving waiving of competitive bidding on said note; ratifying and confirming the lease agreement and operation and maintenance contract, as amended whereby the City leases its water and sanitary sewer systems to the Shawnee Municipal Authority; approving the official statement pertaining to the bonds being issued by PCDA as it pertains to the City of Shawnee and its water and sanitary sewer systems and authorizing the Mayor to approve any corrections to said official statement; authorizing and directing the execution of the documents relating to the transaction; declaring an emergency and containing other provisions relating thereto.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve the Title and Resolution No. 6164. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Resolution No. 6164 duly passed and adopted.
AGENDA ITEM NO. 12: Presentation by Terry Compton regarding preliminary budget reductions.
City Treasurer Terry Compton detailed ways the City plans to reduce spending for the balance of the fiscal year due to the downturn in revenues of projected sales tax.
In his presentation, he showed that five Departments submitted cuts in operations totaling $176,041.
Other ways to cut costs would be to reallocate costs associated with capital project from General Fund to Capital Improvement Fund, which the estimated cost recovered to the General Fund would be approximately $200,000.
In regards to personnel services, staff proposed an informal freeze on replacement of vacancies, with special consideration to positions that involve safety and welfare of the city (ex: police and fire).
He then identified the following areas that should be considered for possible revenue increases:
*De-averaging of sewer rates to actual usage could increase revenue by $200,000 annually (current sewer rates are based on an average of winter months November through February)
*City is losing revenue on garbage collection, current rate twice per week pickup is $8.50 (Per OML 2002 survey, average monthly rate for Oklahoma cities for two weekly pickups is $12.95 and $9.67 for one pickup per week)
*Water rates have not been increased since 1995, current rate for 5,000 gallons of water is $15.09 as opposed to State average for 5,000 gallons of water is $16.63
In closing, Mr. Compton noted that the projected Fund Balance ending June 30, 2003 to be approximately $1.4 million that could possibly put the city back to the ten percent fund balance.
AGENDA ITEM NO. 13: Consider staff recommendations for health insurance renewal with Aetna for a 15-month contract beginning April 1, 2003.
Mr. David Chesher, Personnel Director, appeared before the Commission to give a brief report on his findings regarding insurance costs increasing 30% to 40% and recommending to renew the health insurance with Aetna.
In discussion, Mr. Chesher explained the purpose of the Agent of Record as requested by Commissioner Peterson; and concluded that he was also including to renew with the current agent of record, North American Insurance Agency.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to renew the health insurance with Aetna for a 15- month contract beginning April 1, 2003. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 14: New Business. (Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)
There was no New Business.
AGENDA ITEM NO. 15: Administrative Reports.
There were no Administrative Reports presented.
AGENDA ITEM NO. 16: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 17: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Pettyjohn observed the traffic problem on Kickapoo Street is not improving and asked if the city staff could find an immediate solution.
City Manager Terry Powell advised that staff would review the Comprehensive Plan and seek assistance from the State.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion
was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried. (9:08 p.m.)
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
___________________________
CITY CLERK
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