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, Monday, March 4, 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 Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Kermit Milburn Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION James Cole
Public Works Director
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of February 20, 2002 meeting
b. Acknowledge the following minutes:
* Civic and Cultural Development Authority minutes of January 17, 2002 meeting
* Shawnee Urban Renewal Authority minutes of February 5, 2002 meeting
c. Approve a resolution nominating Trustees to the Oklahoma Municipal Assurance Group for three-year terms commencing July 1, 2002.
d. Authorize staff to advertise for bids for mowing and debris removal for public nuisances.
e. Authorize staff to advertise for bids for one ¾ ton pickup and one ¾ ton van for the Line Maintenance Division.
f. Authorize staff to advertise for bids for one or more vehicles for the Police Department.
g. Authorize staff to proceed with an application to the Oklahoma Department of Agriculture, Forestry Division, for the designation of Tree City, U.S.A.
h. Acceptance and placing maintenance bonds into effect for the following projects: Midland Street Paving Project (Broadway to Union) and Draper Street Paving Project (Oakland to Walnut).
i. Approve O.M.R.F. Disability Retirement for Kenneth Kisor.
j. Mayor’s Appointment:
Traffic and Transportation Commission
Appoint A.J. Anderson to a three-year term to expire 1/1/05
Before considering the Consent Agenda, Commissioner Claybrook requested (e) be pulled for separate consideration.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver that the Consent Agenda, less (e), be approved.
Public Works Director James Cole responded to questions asked by Commissioner Claybrook regarding the cost effectiveness of purchasing the ¾ ton van for the Line Maintenance Division’s use.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to authorize staff to advertise for bids for one ¾ ton pickup cab and chassis and disapprove the ¾ ton van and instead purchase a trailer for Line Maintenance Division. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Weaver, Milburn
NAY: Harden, Downing
AGENDA ITEM NO. 2: Mayor’s Proclamations.
“International Demolay Month”
March, 2002
(accepted by Ray LaPlant, Junior Counselor)
AGENDA ITEM NO. 3: Presentation by representative of C.H. Guernsey & Co. concerning engineering study for air handling system at City Hall. (Deferred from 2/20/02).
Mr. Brad Ezell, a mechanical engineer with C. H. Guernsey & Co. from Oklahoma City, presented an engineering study conducted on the air handling system at City Hall.
He distributed the study to the Commission and gave a summary of the air handling system’s general condition, costs involved, and gave recommendations.
Mr. Ezell stated that the Guernsey & Co. conducted the evaluation because of 1) excessive chiller compressor replacements, 2) additional cooling needs in the Municipal Courtroom and 3) the excessive vibration from the double duct air handling unit.
The report revealed that since the construction of the City Hall building in 1971, there have been a few mechanical system modifications such as the addition of a small boiler, a chilled water storage tank, the addition of two roof top air-conditioning units and ductwork modifications.
The Commission received the report and no action was required at this time.
AGENDA ITEM NO. 4: Consider an ordinance allowing euthanasia of vicious animals after second violation; setting conditions requiring tattooing or insertion of microchip I.D. and making owner responsible for euthanasia if elected over quarantine.
Ordinance No. 2043NS was introduced and the title read aloud.
Ordinance No. 2043NS entitled “An ordinance relating to vicious animals and their observation; amending Sections 5-5.1 Article I, of Chapter 5 and Section 5-54, Article III of Chapter 5 of the Code of the City of Shawnee; allowing euthanasia of a vicious animal after a second violation; defining a secure enclosure; requiring tattooing or a microchip I.D. on animals after conviction of harboring said animal; placing responsibility on the owner for euthanasia if elected, rather than quarantine for rabies bite; providing for severability; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Title and Sections 1-4, be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Milburn, Claybrook, Pettyjohn
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Milburn, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2043NS duly passed and adopted.
AGENDA ITEM NO. 5: Consider confirming action taken by the Civic and Cultural Development Authority Trust in awarding construction of multi-purpose building to lowest bidder subject to availability of funding.
Speaking on behalf of the Civic and Cultural Development Authority was Mr. Ken Etchieson, Expo Director, recommending to the Commission that Loerke Construction, Tulsa, Oklahoma, be awarded the construction bid as the lowest bid received at $2,494,000, to build the multi-purpose building.
Since the bid exceeded the budget allowed for the project, additional funding would need to be secured from the Authority and possible city funds.
City Manager Terry Powell stated that staff would look into alternative funding and report to the Commission at the next meeting.
In discussion, the Commission voiced concerns about making sure the other three capital improvement projects would not be affected. Those projects include the regional sports park, water treatment plant, and the downtown Shawnee streetscape project.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to confirm action taken by the Civic and Cultural Development Authority Trust in awarding construction of a multi-purpose building to the lowest bidder subject to availability of funding. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Pettyjohn
NAY: Milburn, Claybrook
AGENDA ITEM NO. 6: Consider a resolution accepting construction and placing maintenance bonds into effect for the Granada Country Estates, Tanglewood, Coronado Terrace, Cedar Creek Water Improvement District.
Resolution No. 6135 was introduced and the title read aloud.
Resolution No. 6135 entitled “A resolution of the City of Shawnee, Oklahoma, approving and accepting the improvements of the Granada Country Estates, Tanglewood, Coronado Terrace, Cedar Creek Water Improvement District and placing the maintenance bond into effect.”
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, that the Title and Sections 1 and 2 be approved.
Thereupon Mayor Harden declared Resolution No. 6135 duly passed and adopted.
AGENDA ITEM NO. 7: Consider waiving of tap fees for residents within Granada Country Estates, Tanglewood, Coronado Terrace, Cedar Creek Water Improvement District.
City Engineer John Krywicki explained that as a requirement, residents are charged $150.00 to tap into the City’s water lines. In the case of the water improvement district, the costs for the actual tap to the main, running service line to the right-of-way, and the placement of the meter tile will be included in the costs of the assessment the homeowners will be paying. It was his recommendation that the City waive the $150.00 tap fee for residents within the water assessment district.
He advised that at the next meeting an ordinance would be presented for the Commission’s consideration regarding the setting of the assessment, interest, and payment time periods.
A motion was made by Vice Mayor Downing, seconded by Commissioner Milburn, to approve the City Engineer’s recommendation to waive the $150.00 tap fee for residents within the Granada Country Estates, Tanglewood, Coronado Terrace, Cedar Creek Water Improvement District. Motion carried.
AYE: Downing, Milburn, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 8: Consider acceptance and placing maintenance bonds into effect for Phase I of Water Treatment Plant Improvement Project.
According to city staff, the first phase of the water treatment plant improvement project has been completed in accordance with the requirements of the City.
For informational purposes, the contractor was Lamar Industries, Inc., Shawnee, Oklahoma. The original bid was $2,780,599.00 and the as-built construction costs was $2,759,452.00.
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to accept and place maintenance bonds into effect for Phase I of Water Treatment Plant Improvement Project. Motion carried.
AYE: Weaver, Harrod, Harden, Milburn, Downing, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 9: Consider exercising option not to renew present engineering contract for further services relating to Water Treatment Plant Improvement Project.
According to staff, it has been several years since the city has requested “Request for Proposals” (RFPs) from other engineering firms for design services; therefore, it was staff’s recommendation to open the selection process for the second phase of the water treatment plant improvement project. The second phase is independent of the first phase.
It was staff’s recommendation to not renew the engineering contract with the current consultant, Holloway, Updike and Bellen, Inc.
A motion was made by Vice Mayor Downing, seconded by Commissioner Milburn, to exercise the option not to renew the present engineering contract for further services relating to Water Treatment Plant Improvement Project allowing other interested engineering firms to be considered for providing the City with services on the upcoming Phase II Water Treatment Plant Project. Motion carried.
AYE: Downing, Milburn, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 10: Consider authorizing staff to negotiate new contract for engineering services for Water Treatment Plant Improvement Project, Phase II.
The city staff had conducted interviews with five engineering firms for engineering services on the second phase of the water treatment plant improvement project and has narrowed the selection to the point of requesting the Commission’s authorization to proceed with negotiating a contract.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, authorizing staff to negotiate a new contract for engineering services for Water Treatment Plant Improvement Project, Phase II. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Milburn
NAY: None
AGENDA ITEM NO. 11: Consider amending Fixed Base Operator contract with Ray Cunningham, d/b/a Regional Air, Inc., to decrease insurance requirement equal to state tort limits of 1 million dollars.
Assistant Airport Manager Lori Bowlan explained that the City’s current contract for Fixed Base Operator with Ray Cunningham dba Regional Air, Inc. requires an insurance certificate of $2 million.
Mr. Cunningham has made a request to lower the insurance requirement to $1 million, which is equivalent to state tort limits.
Ms. Bowlan advised that she could do further checking on the insurance requirements and submit a report for the next meeting.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to defer amending the Fixed Base Operator contract with Ray Cunningham, dba Regional Air, Inc. in regards to decreasing the insurance requirement from $2 million to $1 million to the next City Commission meeting. Motion carried.
AYE: Downing, Weaver, Milburn, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 12: Consider decreasing city’s insurance policy at Shawnee Municipal Airport to 1 million dollars and approve renewal effective March 1, 2002.
Assistant Airport Manager Lori Bowlan advised that the city’s insurance policy at the airport will expire March 30th, and she could also do further checking and submit her findings at the next meeting.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to defer action in regards to decreasing the city’s insurance policy to $l million at the Shawnee Municipal Airport to the next City Commission meeting. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Milburn, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 13: Consider health insurance proposals.
In consideration of the health insurance proposals, Director of Public Safety James Roberts distributed a comparison of the City’s current State Insurance Plan with the Aetna proposal.
He informed that the plan from Aetna was a better plan and the primary choice was the HMO option. He stated that Pacificare had not submitted a quote and he did not know if they had intentions to do so.
Next, Mr. Hank Darcey, representative with Aetna, was available to answer questions regarding the Aetna Plan.
It was noted that under Aetna, most doctors in Shawnee were on the HMO and PPO network.
Mr. Darcey advised that Aetna was offering two options, the HMO as the primary option and the PPO or QPOS as a secondary option.
After going over the comparisons, it was the recommendation of Mr. Roberts that the City accept with conditions, the Aetna Plan. He advised that one labor union had endorsed the plan and one had not due to one labor issue needing to be satisfied.
It was noted that North American Insurance Company would be the Agent of Record.
After discussion, a motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to accept the recommendation made by Public Safety Director James Roberts to accept Aetna’s health insurance proposal effective April 1, 2002, with the primary option to be the HMO plan and poll the employees for the secondary option. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver, Milburn
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 to be considered.
AGENDA ITEM NO. 15: Administrative Reports.
There were no Administrative Reports.
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 Weaver announced that the “pilot” town meeting in Ward IV will be on March 11, 2002 at Immanuel Baptist Church starting at 6:00 p.m.
Commissioner Pettyjohn brought to staff’s attention a slab of concrete that is sinking at the intersection of MacArthur and Kickapoo.
Also for the next meeting, he requested an update on the deannexing of land south of the North Canadian River.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried. (9:20 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
____________________________________
MAYOR
(SEAL)
ATTEST:
_____________________________________
CITY CLERK
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