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, February 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 Reverend Helen Crain
Volunteer Chaplain, Unity Hospital
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 22, 2002 meeting
c. Acknowledge the following minutes:
* Civic and Cultural Development Authority minutes of December 20 and December 27, 2001 meeting
* Shawnee Urban Renewal Authority minutes of January 8, 2002 meeting
d. Approve out-of-state travel for Diana Hallock to attend International Institute of Municipal Clerks conference in San Antonio, Texas May 19-24, 2002.
e. Approve out-of-state travel for Fire Prevention Officer Dru Tischer, and Fire Training Officer Mike Adams to attend Fire/Arson Investigation Academy in Springdale, Arkansas February 18-22, 2002.
f. Approve Oklahoma Municipal Retirement Fund lump sum distribution payment to Kristi Budka.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, that the Consent Agenda Item No. 1 (a-f), inclusive, be approved. Motion carried.
AYE: Downing, Claybrook, Harrod, Harden, Weaver, Milburn, Downing
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations.
“Black History Month”
February, 2002
(accepted by Hiram Ryan, Dunbar Heights Community Group)
“Nancy Durbin Day”
February 12, 2002
(accepted by Laura Thompson, Chair of DIANA(Distinguished International Academy of Noble Achievement) Award Committee of the Zeta Gamma Chapter of Epsilon Sigma Alpha International
“Emergency Management Week”
February 10-16, 2002
(accepted by Don Lynch, Emergency Management Director)
AGENDA ITEM NO. 3: Consider rescheduling City Commission meeting from Tuesday, February 19, 2002 to Wednesday, February 20, 2002.
A motion was made by Commissioner Weaver, seconded by Commissioner Milburn, to reschedule the City Commission meeting from Tuesday February 19, 2002 to Wednesday, February 20, 2002. Motion carried.
AYE: Weaver, Milburn, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 4: Presentation of Shawnee Economic Development Foundation annual report by Bob Jones.
Mr. Bob Jones, President of the Shawnee Economic Development Foundation, presented the SEDF Annual Report for the year 2001 activities. He highlighted the following areas:
*Established industries
*Infrastructure improvements
*Marketing and Recruitment
*Financial Summary
*Twelve major initiatives used as a guide for economic growth
Included in the report was the Five Year Economic Development Action Plan for 2002 through 2006.
Concluding, on behalf of the Trustees and staff of the Foundation, Mr. Jones thanked the City Commission for its support in promoting economic development for the greater Shawnee area.
AGENDA ITEM NO. 5: Consider renewal of airport leases with the following lessees: Brown Derby, Drakes Eyeglasses, Handcrafted Woodwork, Shawnee PittStop and Tako Industries.
Assistant Airport Manager Lori Bowlan recommended renewing five non-aviation commercial leases at the airport. The leases included Brown Derby Drive-in, Drakes Eyeglasses, Handcrafted Woodwork, Shawnee PittStop and Tako Industries.
She advised that the new lease rates had been calculated using the six percent (6%) rate of return and full-appraised value of each lease.
Ms. Bowlan stated that upon the suggestion of the city attorney, she would notify the tenants to submit an independent, certified appraisal within thirty days from receipt of the notice or it will be assumed that they have forfeited their right to an appraisal and the new lease rate would begin on April 1, 2002.
Upon discussion, it was brought up that the Brown Derby and Drakes Eyeglasses properties be declared surplus properties, but until a decision is made, they should become year-to-year leases.
Next, Mr. Johnny Kneisel, long time lessee and owner of Brown Derby Drive-In restaurant, expressed his concerns about the year-to-year lease.
The city attorney advised that according to state law and the City Charter, city property is sold by sealed bid or public auction, but the lessees would be given adequate notice of the City’s intentions for the properties.
A motion was made by Commissioner Milburn, seconded by Commissioner Weaver, to approve the non-aviation commercial leases of Brown Derby Drive-in and Drakes Eyeglasses on a year-to-year lease basis; and renew Handcrafted Woodwork, Shawnee PittStop, and Tako Industries as five-year leases with all leases being amended to include the escalation rate schedule. Motion carried.
AYE: Milburn, Weaver, Pettyjohn, Harrod, Harden
NAY: Downing, Claybrook
AGENDA ITEM NO. 6: Consider options for interim fuel sales at Shawnee Municipal Airport.
Ms. Bowlan stated that she did not have any alternate plan for interim fuel sales at the airport for the Commission’s consideration at this time.
No action required under this item.
AGENDA ITEM NO. 7: Consider proposals for Fixed Base Operator at Shawnee Municipal Airport.
Mr. Mike Adcock, Chairman of the Shawnee Airport Advisory Board, presented the recommendation to accept the proposal of Ray Cunningham dba Regional Air, Lawton, Oklahoma as the Fixed Base Operator.
He pointed out that Mr. Cunningham had proposed the following: 1) to lease the main terminal building, the two smaller hangars and the T-hangars with the revenue from the renters being divided equally between Regional Air and the airport; 2) Regional Air would have exclusive refueling rights on the airport, 3) Regional Air will attempt to establish a maintenance facility in the main hangar, but until such time it is feasible, the maintenance work would be contracted out; and 4) he would encourage all tenants to remain on the airport.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to accept the proposal from Ray Cunningham dba Regional Air, Lawton, Oklahoma as the Fixed Base Operator for the Shawnee Municipal Airport and approve an 18-month lease agreement. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
AGENDA ITEM NO. 8: Consider authorizing an increase in the City’s share of the medical insurance premiums for all employees not covered by a collective bargaining agreement.
Mr. James Roberts, Director of Public Safety and Administration, addressed the analysis of medical insurance premiums that was issued to the Commission for review and he advised that the premiums for the City’s medical insurance provided through the State Insurance Fund increased substantially on January 1, 2002.
He advised that staff was continuing to pursue options to reduce the impact of the increase to the employees.
It was staff’s recommendation to increase the City’s share of the medical insurance premiums from $225 to $250 for single coverage and from $350 to $400 for family coverage with the increase retroactive to January 1, 2002 for the employees not covered by a collective bargaining agreement.
Upon deliberation, members of the Commission voiced their concerns about the effect on the city’s budget and emphasized to staff that they diligently pursue all options to obtain the best medical insurance coverage.
A motion was made by Commissioner Claybrook, seconded by Commissioner Weaver, to approve staff’s recommendation to increase the City’s share of the medical insurance premiums for all employees not covered by a collective bargaining agreement and that it be made retroactive
to January 1, 2002. Motion carried.
AYE: Claybrook Weaver, Downing, Harrod, Harden
NAY: Milburn, Pettyjohn
AGENDA ITEM NO. 9: Consider proposal from Judge Jones to change employment status and consider amending appropriate ordinances.
City Attorney John Canavan explained that Municipal Court Judge Robert Jones was proposing for the Commission’s consideration to change his employment status to an independent contractor hired by the City.
This proposal was based on the retirement benefits the city has through the Oklahoma Municipal Retirement Fund in which it would be more beneficial for Mr. Jones to change his status and be removed from the retirement system.
The city attorney advised that the judge position is by appointment and language would need to be changed by ordinance if the Commission accepted Mr. Jones’ proposal.
Municipal Court Judge Robert Jones was also present to speak on his behalf.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to instruct the city attorney to amend the appropriate ordinances regarding the change in the employment position of the municipal judge to be presented at the next meeting. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Milburn
NAY: None
AGENDA ITEM NO. 10: Consider amending personnel manual to reflect change in Workers’ Compensation full pay benefits from six months to six weeks.
It was staff’s recommendation that modifications be made to the personnel manual pertaining to the section “On-the Job Injury,” relevant to workers’ compensation benefits in order to prevent abuse of the time period from when the employee is paid full-time and when they are placed on total temporary disability.
As noted, this change would not affect the fire and police employees since they are covered under the union contracts.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Milburn, to amend the personnel manual to reflect under Section 404D. On-the-Job Injury, to decrease the maximum of six months to six weeks of when an employee will be paid full wages for the time necessary to recuperate under Workers’ Compensation benefits. Motion carried.
AYE: Pettyjohn, Milburn, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 11: Consider Bids.
The following bids were opened and read into record.
a. Two Sport Utility Vehicles (Open)
BIDDER AMOUNT
City Chevrolet $18,936.00
Oklahoma City, Oklahoma
Jim Glover Dodge $20,470.00
Oklahoma City, Oklahoma
Reynolds Ford $22,266.00
Norman, Oklahoma
John Vance Motors $22,583.00
Guthrie, Oklahoma
Knippelmier Chevrolet $20,188.93
Blanchard, Oklahoma
Harvey’s Inc. $19,456.00
Shawnee, Oklahoma
Joe Cooper Ford $21,310.00
Shawnee, Oklahoma
Bob Howard Ford $24,896.00
Oklahoma City, Oklahoma
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to defer the bids on the two sport utility vehicles to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
b. Janitorial Services (Open)
BIDDER Maid In Oklahoma, Shawnee, OK
City Hall Annex Public Works CDBG Airport Total
(Optional) (Optional) (Optional)
$1,560.00 $585.00 $1,170.00 $390.00 $234.00 $3,939.00
BIDDER American Way Carpet & Cleaning, Shawnee, OK
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the bids for the janitorial services be deferred to staff for analysis and report at the next City Commission meeting. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Milburn, Claybrook, Pettyjohn
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)
Under Citizens Participation, Mr. Robert Teape, Jr. appeared before the Commission expressing his dissatisfaction with city and county officials.
AGENDA ITEM NO. 15: Commissioners’ Comments.
Under Commissioner’s Comments, Commissioner Claybrook inquired about the expected completion of the city’s audit.
City Treasurer/Finance Director Jim Wilsie responded that he expected the audit to conclude in two weeks and the report to be issued sometimes in March.
AGENDA ITEM NO. 16: 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. (9:24 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
___________________________________
CITY CLERK
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