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, January 22, 2002 at 7:30 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 Kermit Milburn
Commissioner Ward 3 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: Bob Weaver
Commissioner Ward 4
INVOCATION Reverend Jimmy Don Gibson Calvary Baptist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with the opening and consideration of bids as set forth in Agenda Item No. 11.
b. Minutes of January 7, 2002 meeting
c. Acknowledge the following reports and minutes:
* Sales Tax Report through January, 2002
* Utility Division Report for the month of December, 2001
* Building Inspector Report for the month of December, 2001
* City Clerk report for the month of December, 2001
* Airport Ad-Hoc Lease Review Committee report from January 9, 2002 meeting
* Shawnee Community Center report for the month of December, 2001, quarterly report for the months of October, November and December, 2001, annual report for 2001 and Heritage Library Annual Report.
* Shawnee Urban Renewal Authority minutes of December 18, 2001 meeting
* Shawnee Planning Commission minutes of January 2, 2002 meeting
d. Approve out-of-state travel for Mike Southard to attend American Planning Association National Conference in Chicago, Illinois April 13 – 17, 2002.
e. Approve Oklahoma Alcoholic Beverages Laws Enforcement Commission Mixed Beverage application of Droffats, Inc., d/b/a City Lights, 4900 N. Harrison.
f. Authorize staff to request proposals from consulting firms to provide engineering design services for Phase II of Water Treatment Plant Project Improvements.
g. Acceptance of seventeen feet of road easement given by Tener’s across their property frontage on North Kickapoo Street.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the Consent Agenda Item No. 1 (a-g), inclusive, be approved. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Milburn, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation.
City Manager Terry Powell presented a plaque and gift certificate to Randy Wesley, Code Enforcement Officer, as the January employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
COMMISSIONER WEAVER NOW PRESENT AT 7:37 P. M.
AGENDA ITEM NO. 3: Presentation of appraisals by Dick Grace and Joella Jones concerning appraisals of airport leases.
Assistant Airport Manager Lori Bowlan announced that Mr. Dick Grace was present, but Ms. Joella Jones was unable to attend due to her husband’s illness.
Before hearing from Mr. Grace, Ms. Bowlan gave an update and a power point overview of the various rental rate increases and she noted that tonight’s focus would be on the existing commercial leases.
In the presentation, she noted that the non-profit or community group leases would be exempt from the increased lease fees.
Now, Mr. Dick Grace, appraiser of Grace & Sons Appraisal Service, appeared before the Commission to answer questions about his appraisals on the airport leased properties.
He explained how he determined the market value of the properties by comparing to other airports and area businesses.
When asked about “marketability discount,” Mr. Grace was not familiar with that term and had never used that method.
In previous discussions and this one, Ms. Bowlan informed that Ms. Jones had used the marketability discount since the airport had many restrictions due to the federal aviation regulations.
The Commission discussed the percentage increases with the maximum of 12 percent and its effect on the current lessees.
Continuing discussion, Mr. Mike Adcock, Airport Advisory Board member, urged the Commission to not raise the rates to the maximum and consider the discount of four to six percent range which would be reasonable to keep the tenants at the airport.
The Commission then continued to the next item to consider the ordinance that would adjust the rates.
AGENDA ITEM NO. 4: Consider an ordinance amending Chapter 6, Article III, Sections 6-22 of the code of the City of Shawnee pertaining to the leasing of airport property.
Upon consideration of the ordinance for the commercial rate increases at the airport, the Commission continued its discussion about the percentage rate increases. Some of the Commissioners were in favor of the higher range of percentage increase between 9 to 12% and some were in favor of the 4 to 8% range, with incremental increases over five years.
Now a motion was made by Commissioner Milburn, seconded by Commissioner Claybrook, to amend the ordinance to include the following:
*community leases and those that are under the 501c(3) non-profit category, they would remain “as is” or pay a minimum of $100 per year;
*commercial lease rates would be raised to eight percent (8%) of the fair market value; and if those leases did not lease within three months; then offer through the competitive bidding/public notice procedures and take the highest bid;
*use the consumer price index (CPI) every five years;
*agricultural properties lease at five percent (5%).
While discussing the properties that may be declared surplus property,
a motion had been made by Commissioner Milburn, seconded by Commissioner Claybrook, to declare the excess property surplus and sell when the leases were up, but the motion and second were withdrawn when it was agreed to bring this matter up at the next or later meeting to allow time to study.
Next, Commissioner Weaver made a motion, seconded by Commissioner Harrod, to follow the previous motion, but substitute six percent for the eight percent rate increase. The formula he proposed as the increase phase-in rate would be to subtract from the amount of current lease the proposed rate and the difference divided by 5, with that rate to be increased evenly over the five year period.
Discussion also included adding language to the ordinance for tenants to get their own appraisals if they desired.
City Attorney John Canavan stated that could involve challenging the fair market value interpretation by the City, but then said that ultimately both sides would come to an agreeable amount noting that appraisals are a starting point.
Also it was noted that the marketability discount was excluded and the aviation related rates would be excluded from this ordinance.
Concluding, the motion and second with the new rate of six percent was incorporated in the following ordinance.
After due and careful consideration, Ordinance No. 2041NS was introduced and the title read aloud.
Ordinance No. 2041NS entitled “An ordinance amending the Code of the City of Shawnee, Oklahoma, by amending Chapter 6, Article III, Sections: 6-22 pertaining to the leasing of airport property; non-aviation related rates; and declaring an emergency.
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, that the Title and Section 1 be approved with noted amendments. Motion carried.
AYE: Weaver, Harrod, Harden, Milburn, Downing, Claybrook, Pettyjohn
NAY: None
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Milburn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2041NS duly passed and adopted.
AGENDA ITEM NO. 5: Consider directing city attorney to proceed with the eviction of Clinton Hagar from T-hangar A-102 at Shawnee Municipal Airport.
Assistant Airport Manager Lori Bowlan gave a brief history on the difficulties she has encountered with Mr. Hagar, the lessee, who is in violation of his lease.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to authorize city attorney to proceed with the eviction of Clinton Hagar from T-hangar A-102 at Shawnee Municipal Airport. Motion carried.
AYE: Downing, Weaver, Milburn, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 6: Consider issuing permit to Air Flite, Inc. to dispense fuel for aircraft owned by Mark White at Shawnee Municipal Airport.
Ms. Bowlan reported that former fixed base operator, Mark White dba Air Flite, Inc., will not be selling fuel to other aircraft since his insurance coverage will be expiring the first of February. He has requested a permit for self-fueling for his business until another FBO is in place.
It was discussed that during the transition between filling the FBO position, there would be some days that fuel would not be sold.
Airport staff would be looking into ways to see that the airport continued in operation and seeking options for the fueling situation.
A motion was made by Commissioner Milburn, seconded by Vice Mayor Downing, to issue a temporary permit to Mark White dba Air Flite, Inc. to dispense fuel for his aircraft at Shawnee Municipal Airport. Motion carried.
AYE: Milburn, Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 7: Consider request to post “Home of Rickey Dale Crain” sign on North Harrison Street.
In the agenda packet was a letter from local citizen Kim Crain, wife of Rickey Dale Crain, who is a powerlifting champion, requesting that a welcome sign be posted on North Harrison Street off Interstate 40 to illustrate his accomplishments as a powerlifter.
Public Works Director James Cole advised the Commission that if they approved the sign for Rickey Dale Crain, that the Oklahoma Department of Transportation would have the final approval since Harrison Street is a state highway.
Commissioner Claybrook expressed his concerns about getting requests of this nature often and questioned if establishing criteria that set higher standards of recognition would be in order.
A motion was made by Vice Mayor Downing, seconded by Commissioner Milburn, to approve the request to post “Home of Rickey Dale Crain” sign on North Harrison Street. Motion carried.
AYE: Downing, Milburn, Harrod, Harden, Weaver
NAY: Claybrook
ABSTAIN: Pettyjohn
Staff will send the request to the Oklahoma Department of Transportation.
AGENDA ITEM NO. 8: Consider recommendation of mechanical engineer regarding air handling system at city hall. (Deferred from 1/7/02 meeting).
Emergency Management Director Don Lynch, who is in charge of the building and maintenance, reported that he had met with only one consulting engineer and he had planned to seek two other quotes next week.
Mr. Lynch distributed to the Commission a proposal from C.H. Guernsey & Company, regarding the study on the scope of work to repair or replace the heating, ventilation, and air conditioning system for City Hall.
After discussion, it was deemed that it was unnecessary to seek further proposals.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to accept the proposal of $5,473.20 from C.H. Guernsey & Company, to conduct a mechanical engineering study regarding the scope of work on the air handling system at City Hall. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Milburn
NAY: None
AGENDA ITEM NO. 9: Discussion concerning the request to convert property located at Broadway and Main streets into veterans memorial park.
Mr. Tom Smith, local business owner and veteran, presented a proposal to convert the vacant property at the corner of Broadway and Main Street into a Veteran Memorial park.
His idea grew from the Downtown Association’s push to upgrade and beautify the downtown area to bring people downtown.
He proposed to move the Veteran’s Memorial from the Shawnee High School property and place it in the middle of the park surrounded by a series of flag poles displaying the national flag and various flags from military branches.
Mr. Smith stated that he had contacted the local military organizations and they had a positive response to his idea.
He stated that the memorial was being maintained by the local VFW, American Legion, and the school.
Concluding, he felt that if the memorial was moved to the downtown area, it would be seen by more people and given recognition.
The Commission received the proposal and no further action was required at this time.
AGENDA ITEM NO. 10: Discussion of town hall meetings to be held in each ward.
Mayor Harden told the Commission that she placed this item on the agenda in response to an editorial in the Shawnee News-Star suggesting that town hall meetings be held in each ward for the purpose of encouraging citizens to participate and have input about their community.
She asked if any of the other Commissioners were interested. Commissioner Pettyjohn commented that although he was there for the citizens, they have the right to attend the City Commission meetings that is held twice a month.
Then Commissioner Weaver spoke up and stated that he was willing to try this process.
It was decided that Mayor Harden and Commissioner Weaver would hold the “pilot” town hall meeting for Ward IV with the date, time, and place to be determined and announced.
AGENDA ITEM NO. 11: Consider Bids.
a. Rehabilitation of the Dewey Street Sanitary Sewer Lift Station (open)
BIDDER AMOUNT
Bowen Construction, Inc. $54,986.00
Oklahoma City, OK
Jordan Contractors, Inc. $64,250.00
Tecumseh, OK
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to accept staff’s recommendation to award the rehabilitation of the Dewey Street Sanitary Sewer Lift Station bid to Bowen Construction, Inc., Oklahoma City, Oklahoma, in the amount of $54,986.00 as the lowest and best bid. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
b. Fixed Base Operator at Shawnee Municipal Airport (open)
Ms. Lori Bowlan, Assistant Airport Manager, informed the Commission that the Airport Advisory Board will schedule a special called meeting to review the proposals for the Fixed Base Operator.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to defer the Fixed Base Operator item to the next
meeting on February 4, 2002. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver, Milburn
NAY: None
AGENDA ITEM NO. 12: 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 to be considered.
AGENDA ITEM NO. 13: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 14: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 15: Consider an Executive Session to discuss pending workers compensation claim of Eldon Tracy Harvey as authorized by 25 O.S. §307(B)(4).
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the Commission go into Executive Session to discuss pending workers compensation claim of Eldon Tracy Harvey as authorized by 25 O.S. §307(B)(4). Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Milburn, Downing, Claybrook
NAY: None
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 9:42 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 9:50 P.M. WITH ALL COMISSIONERS PRESENT.
AGENDA ITEM NO. 16: Consider matters discussed in Executive Session regarding workers compensation claim of Eldon Tracy Harvey pursuant to 25 O.S. §307(B)(4).
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve offering the settlement of the workers compensation claim of Eldon Tracy Harvey for twelve percent (12%) in the amount of $12,087.00 pursuant to 25 O.S. §307(B)(4). Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Milburn
NAY: None
AGENDA ITEM NO. 17: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Harrod thanked Police Chief Hank Land for his assistance in handling a matter regarding vulgarity; and he reminded the airport staff to notify the airplane fuel users about the fuel situation.
City Manager/Airport Manager Terry Powell stated that airport staff would be checking into options for fueling to cover the period without an FBO.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn,
that the meeting be adjourned. (9:52 p.m.) Motion carried.
AYE: Harrod, Pettyjohn Harden, Weaver, Milburn, Downing, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
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