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 3, 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 Reverend Larry Sparks
New Beginnings Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed with the opening and consideration of bids as set forth in Agenda Item No. 10.
b. Minutes of the February 18, 2003 meeting
c. Budget Amendments in Capital Improvement Fund.
d. Transfer of Appropriations in Capital Improvement Fund.
e. Acknowledge the following minutes:
* Shawnee Urban Renewal Authority minutes from the February 4, 2003 meeting.
* Civic and Cultural Authority minutes from the January 16, 2003 meeting
* Traffic and Transportation Commission minutes from the January 28, 2003 meeting
f. Acknowledge receipt of two donations to Shawnee Fire Department from Wal-Mart to be used for training.
g. Approve Traffic & Transportation recommendation to prohibit parking on both sides of Sequoyah Street from Independence Street to Cherokee, except for west side loading and unloading 7:30-8:30 a.m. and 2:30-3:30 p.m., Monday through Friday, and to remove mid-block crosswalk. Recommendations to become effective after school is out in May, 2003.
h. Recommendations from the Traffic and Transportation Commission from the February 25, 2003 meeting:
(1) Request of Commissioner Robert Pettyjohn, 1202 N. Park, to install a 4-way stop sign at MacArthur and Airport Drive until programmed traffic signals are installed.
Recommendation: Approved with advanced warning signs.
Before voting on the Consent Agenda, items (g) and (h) were pulled for separate consideration.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that Agenda Item No. 1 (a-f) less items (g) and (h), be approved as presented. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
Under 1 (g), staff advised that the change was acceptable to the school principal and also Mr. Don Duggan, was at the meeting to state that it was acceptable to him to have the crosswalk moved in front of his driveway.
A motion was made by Commissioner Peterson, seconded by Vice Mayor Downing, to remove the mid-block crosswalk in front of Sequoyah School to 14 Sequoyah and become effective after school is out in May, 2003. Motion carried.
AYE: Peterson, Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
Under 1 (h), Mr. Chuck Skillings, CEO at Unity Hospital, voiced concerns about the effectiveness of the 4-way stop at the intersection in question. He noted that he was not opposed, but was concerned about the traffic backup at the hospital.
Public Works Director James Cole noted that although signalization is the best option, studies show that 4-way stop signs do move traffic along fairly well.
A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, to approve the Traffic and Transportation Commission’s recommendation to install a 4-way stop signs at MacArthur and Airport Drive. Motion carried.
AYE: Claybrook, Harrod, Harden, Weaver, Peterson, Downing, Pettyjohn
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
“Operation Enduring Freedom, Day of Prayer”
March 3, 2003
(accepted by Jill Wade, First Baptist Church)
AGENDA ITEM NO. 3: Presentation of award from Downtown Shawnee to the City.
Mr. Ronny Jones and Charlotte Patterson, representatives of Downtown Shawnee, Inc. presented City Manager Terry Powell with the Art Jackman Highest Service Award for his support to Downtown Shawnee over the past eleven years.
AGENDA ITEM NO. 4: Consider appeal of Edna Patterson regarding Administrative Hearing Officer’s decision to condemn property located at 509 N. Pennsylvania.
Community Development Director Mike Southard gave the staff report on the property at 509 N. Pennsylvania and showed on power point the poor condition of the house.
He reported that on February 13, 2003 a public nuisance hearing was held and it was determined that the property be condemned and razed and removed.
Ms. Edna Patterson, property owner, appeared requesting the Commission grant her more time so that she can make the necessary repairs.
A motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, to defer action until the next City Commission meeting to allow Ms. Patterson time to meet with city staff and contractors in obtaining cost estimates required to repair the house according to code;
and that the house must be secured immediately. Motion carried.
AYE: Weaver, Pettyjohn, Harrod, Harden, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 5: Reconsider action taken on February 18, 2003 regarding renewal of health insurance with Aetna Insurance as it pertains to agent of record only. (Requested by Commissioner Pettyjohn)
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to reconsider the action taken by the Commission at February 18, 2003 meeting regarding renewal of the City’s health insurance with Aetna Insurance as it pertains to the agent of record only. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 6: Consider agent of record for city health insurance.
City Manager Terry Powell stated that two Shawnee insurance agents were present to address the agent of record for the City’s health insurance.
Mr. J.T. Weedman of The Weedman Group and Mr. Greg Wall and Mr. Tony Wall of Wall Brothers Insurance Services, were present to request the Commission to consider changing from North American Insurance of Oklahoma City, the current Agent of Record, to their two firms now joined as a team to pursue the position as the city’s agent of record.
First, Mr. Weedman told about his nine years as the City’s agent of record stating that in that time the City had little problems and thereafter up to the present, as he understood, there were many problems with the health insurance.
Mr. Greg Wall and Mr. Tony Wall asked the Commission to consider going with local agents pointing out that through their commissions and wages paid to their employees monies would go right back into Shawnee’s economy.
Both agencies felt it unfair that they had helped City staff last year to put together a proposal for health insurance and were not given consideration.
They appealed to the Commission to give them the opportunity to be the agent of record for the City.
Mr. Tim McFall of North American Insurance Agency, the City’s current Agent of Record, acknowledged that problems with claims when they entered the contract with the City a year ago was not North American’s fault, but they had rectified those problems and had done a good job for the City.
Next, Personnel Director Dave Chesher informed the Commission that rarely do insurance companies go beyond the 12-month contract, but North American was able to get the 15-month contract with Aetna.
Upon discussion, several city officials expressed satisfaction with North American considering it would be wrong for the City not to continue with them at this point since enrollment was completed.
Other Commissioners expressed another side to the argument saying that they clearly supported conducting business locally.
After deliberation, a motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, to change the Agent of Record from North American Insurance Agency to The Weedman Group and Wall Brothers Insurance Services in thirty (30) days. Motion carried.
AYE: Weaver, Pettyjohn, Harrod, Peterson
NAY: Harden, Downing, Claybrook
AGENDA ITEM NO. 7: Consider an ordinance regarding amending employee retirement system defined benefit plan of the City of Shawnee.
City Treasurer Terry Compton informed the Commission that periodically the Internal Revenue Service requires changes in retirement plan language and this ordinance would approve those changes. It would not affect the retirement cost for the city.
Ordinance No. 2086NS was introduced and the title read aloud.
Ordinance No. 2086NS entitled “An ordinance amending the Employee Retirement System, Defined Benefit Plan of the City of Shawnee, Oklahoma, providing for effective date, limitations on benefits, increase in compensation limits, rollover of plan distributions and adoption of new mortality tables; providing for repealer and severability; and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, that the Title and Sections 1-3 be approved. Motion carried.
AYE: Claybrook, Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson
NAY: None
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that Section 4, the emergency clause, be approved. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2086NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider approval of changes to amount of City contributions for health insurance premiums for non-bargaining units.
The Commission heard from City staff regarding their recommendation to increase the amount of the City’s contributions for health insurance premiums for non-union employees.
City Treasurer Terry Compton presented six health insurance scenarios and it was staff’s recommendation that the Commission consider the graduated scale plan. The city’s contribution would affect the Couple and Family coverage by increasing its share by $50; and the Employee Only and Employee w/Child coverage would remain the same.
The staff conveyed that this was the fairest plan in regards to leveling the city’s contributions for the various groups.
The City’s annual additional cost would be approximately $50,700 based on current enrollment in the plan.
The Commission discussed whether the City could absorb the increase due to the decrease in revenues.
The city treasurer and city manager advised that the various departments were cutting budgets and the monies returned would offset the city’s share of the increase in health insurance.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to change the City’s contributions for health insurance premiums for non-bargaining employees as recommended by
staff for an additional cost of $50,700 per year. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 9: Consider a resolution declaring the intent to consider the creation of a tax increment district to revitalize downtown Shawnee.
Per agenda notes, the proposed resolution is a follow-up to the previous resolution adopted in December regarding the approval of creating a Tax Increment District for downtown.
This resolution identifies the process for creating the district and it specifies the steering committee’s responsibility.
Resolution No. 6165 was introduced and the title read aloud.
Resolution No. 6165 entitled “A resolution declaring the intent to consider approval of a project and creation of a Tax Increment District under the Local Development Act to revitalize downtown Shawnee; directing preparation of a project plan; appointing a review committee; directing the review committee to make findings as to eligibility and financial impact, if any, on taxing jurisdictions within the district; and directing the review committee to make a recommendation with respect to the proposed project.”
AGENDA ITEM NO. 10: Consideration of bids for one 72” cut riding mower (open).
Bids for the 72” cut riding mower were opened, read aloud and found to be as follows:
BIDDER AMOUNT
Luber Brothers, Inc. $11,071.00
Bethany, OK Trade 1,250.00
Dinsmore Tractor Sales, Inc. $ 9,500.00
Shawnee, OK Trade 1,000.00
Excel Industries $16,059.97
Hesston, KS Trade -0-
Central Ford New Holland, Inc. $13,500.00
Oklahoma City, OK Trade 2,000.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson that the bids for the 72” cut riding mower be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 11: 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. 12: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 13: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Terry Bryan and his mother Vicky Bryan appeared before the Commission and presented a petition not to eliminate with the summer youth program at the Shawnee Community Center.
AGENDA ITEM NO. 14: Consider an Executive Session pursuant to 25 O.S. §307(B)(4) to discuss pending litigation entitled James Harrod and Kaye Steele Harrod vs. Board of City Commissioners of the City of Shawnee, Oklahoma, Case No. C-03-97 filed in the District Court of Pottawatomie County, Oklahoma.
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the Commission go into Executive Session to discuss the pending litigation entitled James Harrod and Kaye Steele Harrod vs. Board of City Commissioners of the City of Shawnee, Oklahoma, Case No. C-03-97 filed in the District Court of Pottawatomie County, Oklahoma. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
ABSTAIN: Harrod
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 9:15 P.M. WITH ALL COMMISSIONERS PRESENT EXCEPT COMMISSIONER HARROD.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 9:44 P.M. WITH ALL COMISSIONERS PRESENT.
AGENDA ITEM NO. 15: Consider matters discussed in Executive Session pursuant to 25 O.S. §307(B)(4) regarding pending litigation entitled James Harrod vs. Kaye Steele Harrod vs. Board of City Commissioners of the City of Shawnee, Oklahoma, Case No. C-03-97 filed in the District Court of Pottawatomie County, Oklahoma.
No action was taken under this item.
AGENDA ITEM NO. 16: Commissioners Comments.
Under Commissioners Comments, Commissioner Harrod asked about the status on a home that has been under construction for several years. Staff will do further checking.
AGENDA ITEM NO. 17: 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. (9:45 p.m.)
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
________________________________
CITY CLERK
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