The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Rescheduled Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Wednesday, February 20, 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 James Harrod
Commissioner Ward 1 Commissioner Ward 3
Bob Weaver Kermit Milburn
Commissioner Ward 4 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: Robert M. Pettyjohn
Commissioner Ward 2
INVOCATION Reverend Max Shumake
United Presbyterian Church
FLAG SALUTE Mayor Harden
Before considering the agenda, Mayor Harden introduced the Boy Scout Troop No. 14 and Mr. Steve Southward, Scout Leader, who were in the audience observing the meeting.
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. 9.
b. Minutes of February 4, 2002 meeting.
c. Acknowledge the following reports and minutes:
* Sales Tax Report through February, 2002
* Utility Division Report for the month of January, 2002
* Building Inspector Report for the month of January, 2002
* City Clerk report for the month of January, 2002
* Shawnee Community Center report for the month of January, 2002
* Shawnee Urban Renewal Authority minutes of January 23, 2002 meeting
* Shawnee Planning Commission minutes of January 16, 2002 meeting
* Shawnee Beautification Committee minutes of December 3, 2001 meeting
d. Approve Oklahoma Municipal Retirement Fund lump sum distribution payments to the following employees:
1) Leon Brown, Jr.
2) William Hal Cranford
3) Denver Jay Allen
e. Authorize Emergency Management Director to apply for E.M.P.G. sub-grant from State Emergency Management.
f. Approve out-of-state travel for Terry Powell and Lori Bowlan to attend F.A.A. Regional Conference in Ft. Worth, Texas, March 6-7, 2002
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the Consent Agenda Item No. 1 (a-f), inclusive, be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver, Milburn
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation.
City Manager Terry Powell presented a plaque and gift certificate to Rueben Dunn, Maintenance I worker at the Expo Center, as the February employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Consider approval of final plat for the MacArthur Park Addition located north of MacArthur and east of Market. (Applicant: The Primax and Nidus Groups, Inc.)
It was noted that the Planning Commission and staff recommended approval of the final plat for the MacArthur Park Addition with limits of no access placed on Market Street north of the existing driveway.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the final plat for the MacArthur Park Addition located north of MacArthur and east of Market as submitted by the Primax and Nidus Groups, Inc. Motion carried.
AYE: Harrod, Weaver, Milburn, Downing, Claybrook, Harden
NAY: None
AGENDA ITEM NO. 4: Consider approval of final plat for Northridge Cottages located north of MacArthur and west of Northridge. (Applicant: Bryant Builders)
It was noted in the agenda packet that the Planning Commission recommended approval of the final plat for Northridge Cottages, which conforms to the preliminary plat with most improvements ready for acceptance.
A motion was made by Commissioner Weaver, seconded by Commissioner Milburn, to approve the final plat for Northridge Cottages located north of MacArthur and west of Northridge as submitted by Bryant Builders. Motion carried.
AYE: Weaver, Milburn, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 5: Presentation by Andrew Dearth of Charter Communications concerning annual rate justification filing for 2002.
Mr. Andrew Dearth, Charter Communications Manager, was present to answer questions about the annual rate justification filing for 2002, an application filed by Charter, “FCC Form 1240 Updating Maximum Permitted Rates for Regulated Cable Services.”
Mr. Dearth informed the Commission that the current rate for basic service would increase from $25.95 to $27.95 effective May 1, 2002. He added that this increase would affect only twenty percent of the customers.
As explained in a letter to Mayor Chris Harden from Denise M. Jones, Charter Director of Regulatory Compliance and Planning, the increase is the result of external costs, (programming, channel changes, copyright) inflation, tune-up adjustments, and increased costs associated with delivering cable service.
Charter Communications is required to notify the city officials when rate increases are to be imposed to the company’s customers and the letter to the mayor is the official notification. No action was required by the Commission.
AGENDA ITEM NO. 6: Consider an ordinance amending the employment status of the municipal judge of the City of Shawnee.
Ordinance No. 2042NS was introduced and the title read aloud.
Ordinance No. 2042NS, entitled “An ordinance relating to the employment status of the Municipal Judge of the City of Shawnee, Oklahoma; amending Sections 17-37, 17-38, 17-42 and 17-44, Article II of Chapter 17 of the Code of the City of Shawnee, Oklahoma; changing the position of Municipal Judge from an appointed position to a position to be filled by hiring pursuant to contract, adding non-renewal of contract as creating a vacancy; limiting each contractual term to the fiscal year; providing for severability; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Sections 1-5, be approved. Motion carried.
AYE: Downing, Weaver, Milburn, Claybrook, Harrod, Harden
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Section 6, the emergency clause, be approved. Motion carried.
AYE: Downing, Weaver, Milburn, Harrod, Harden
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 2042NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider approval of revised Fixed Base Operator agreement.
Assistant Airport Manager Lori Bowlan presented a revised Fixed Base Operator agreement she had worked out with Mr. Ray Cunningham, President of Regional Air, Inc. the new FBO, since it was approved at the February 4, 2002 meeting by the City Commission.
A summary of the changes included the following:
1) term of the lease shall be extended from 18 to 24 months
2) the City shall continue serving as property manager for the T-hangar/bulk hangar rentals and pay the 50% revenue to the FBO on a monthly basis
3) change the 30-minute response time to on-call service after hours for jet fuel sales. FBO has offered to either purchase or pay five cents flowage fees on an automated self-fuel dispensing system
4) added language to clarify the services required in consideration for 50% of the revenue and to allow for additional desirable services to be implemented at the option of the FBO as business increases
5) FBO to receive revenue from 26 T-hangars. Staff recommended condemning two T-hangars that are in need of repair and offer one to the Pottawatomie County Sheriff’s Office free of charge to store aircraft.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve the revised fixed base operator (FBO) agreement with noted amendments between the City and Regional Air, Inc. Motion carried.
AYE: Downing, Weaver, Milburn, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 8: Update on status of air handling system at city hall.
Mr. Don Lynch, Director of Emergency Management, informed the Commission that due a family emergency, the engineer conducting the study on the HVAC system at City Hall was not able to get the report ready for this meeting and would have the report at the next meeting.
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to defer receiving the update on the status of the air handling system at City Hall to the next City Commission meeting. Motion carried.
AYE: Weaver, Harrod, Harden, Milburn, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 9: Consider Bids.
a. Two Sport Utility Vehicles (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the bid for the two sport utility vehicles be awarded to City Chevrolet, Oklahoma City, Oklahoma, in the amount of $18,936.00 each, as the lowest and best bid. Motion carried.
AYE: Downing, Weaver, Milburn, Claybrook, Harrod, Harden
NAY: None
b. Janitorial Services (award)
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to award the janitorial services bid to Alliance Maintenance, Oklahoma City, Oklahoma, on a 90-day trial period for services at City Hall in the amount of $1,495.00 per month and Annex Building at $485.00 per month as the lowest and best bids; and postpone the optional services for Public Works and Shawnee Municipal Airport. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver, Milburn
NAY: None
c. Automated Fuel Dispensing Installation Project (open)
Ms. Lori Bowlan advised that there were no bids received for the Automatic Fuel Dispensing Installation Project. She noted that the new Fixed Base Operator agreed to provide this service.
AGENDA ITEM NO. 10: 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. 11: Administrative Reports.
Under Administrative Reports, City Engineer John Krywicki gave a report on the storm sewer cave-in at the northeast corner of Harrison and Main streets that happened over the weekend.
In a memorandum to the city manager, Mr. Krywicki requested that the Commission declare the cave-in an emergency in order for staff to proceed with soliciting quotes/bids from contractors.
Mr. Krywicki informed that the storm sewer is an old arch pipe made of bricks that may have been built about 70 years ago.
After surveying the situation, staff has recommended to replace approximately 200 feet of the brick arch pipe with new reinforced concrete pipe.
He has estimated the cost to be approximately $38,9l8.00. This estimate is based on a contractor doing all the work, which could be lowered if the City’s workforce can do some of the work to get the costs down below the $25,000.00, the ceiling for declaring emergencies.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to declare that an emergency exist in regards to a sewer line cave-in at northeast corner of Harrison and Main streets causing damage to the streets; and authorizing staff to proceed with replacing the sewer line for approximately $25,000. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver, Milburn
NAY: None
AGENDA ITEM NO. 12: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 13: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Weaver asked the other members if they would consider volunteering to get shot with a tazer gun, which recently several had been purchased by the Police Department and the officers were trained to use. In light of his suggestion, there were no takers.
AGENDA ITEM NO. 14: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried. (8:16 p.m.)
AYE: Downing, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
____________________________
CITY CLERK
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