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| Date: 10/6/2003 | Board: City Commission | DocumentType: Minutes | Web Posted: 10/21/2003 1:15:00 PM |
BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 6, 2003 AT 7:00 P.M.
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, October 6, 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
Robert M. Pettyjohn James Harrod
Commissioner Ward 2 Commissioner Ward 3
Bob Weaver Linda Peterson
Commissioner Ward 4 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: Tom Claybrook
Commissioner Ward 1
INVOCATION Reverend Emmitt Hazelwood
Vol. 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. 17.
b. Minutes of the September 15, 2003 meeting.
c. Budget Amendments in Capital Improvement Fund, Shawnee Airport Authority Fund and 2002 Home Grant Fund.
d. Acknowledge the following minutes:
* Civic and Cultural Development Authority minutes from the August 21, 2003 meeting
* Shawnee Urban Renewal Authority minutes of September 3, 2003 meeting
* Shawnee Beautification Committee minutes of August 4, 2003 meeting
* Planning Commission minutes from the August 6 and September 17, 2003 meetings
e. Authorize staff to advertise for bids for used vehicle to replace pool vehicle which is being retired.
f. Authorize staff to solicit proposals for redeveloping the Sears Building.
g. Authorize staff to advertise for bids for the FY 03-04 Sanitary Sewer Rehab (Pipe Bursting) Project.
h. Authorize staff to advertise for bids for the Bell Street Streetscape Project pending approval by Oklahoma Department of Transportation.
i. Acknowledge Workers Compensation Court settlements with Dale Wigington, David Rodriguez and Jeffrey Rogers.
j. Acknowledge Japanese traditional mask from Nikaho, Japan.
k. Authorize staff to submit application to Oklahoma Department of Emergency Management for sub-grant of Emergency Management Performance Grant funds.
l. Authorize acceptance of grant from Oklahoma Office of Homeland Security in the amount of $103,864.97 for training, physical security enhancement equipment and other terrorism preparedness initiatives.
m. Authorize acceptance of grant from Oklahoma Office of Homeland Security in the amount of $288,000.00 for the purchase of hazardous material trailer and truck.
n. Mayor’s Appointments:
Planning Commission
Appoint John Holt to a term to expire 6/1/06
Appoint Howard Baird to a term to expire 6/1/06
Before voting on the consent agenda, City Manager Terry Powell requested that item no. 1(i) be pulled for consideration at a later date.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Consent Agenda Item No. 1a-n, less i, be approved as presented. Motion carried.
AYE: Downing. Weaver, Peterson, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
“City Wide Clean-up Month”
October, 2003
(accepted by Tom Terry, Beautification Committee Chair)
AGENDA ITEM NO. 3: Public hearing and consider an ordinance annexing properties located east of Bryan Street between Independence and ½ mile north of MacArthur Street. (Applicant: City of Shawnee).
Mayor Harden declared a public hearing in session to consider an ordinance annexing properties located east of Bryan Street between Independence and one-half mile north of MacArthur Street.
For informational purposes, it was noted that the Annexation Committee recommended the annexation of properties in Section 4 and Section 9 in order to square off the city limit boundaries. These areas are completely or partially surrounded by the current city limits through various annexations over the last 15 years.
Further information relayed that in some cases, a partial lot or even a house is in the city limits while some of the property is outside the city limits. By annexation many situations would be resolved.
The Planning Commission recommended assigning a zoning classification of A-1 on most of the properties and some were recommended as C-3 for commercial lots along MacArthur Street; and the properties surrounded by Granada, Tanglewood, and Cedar Creek neighborhoods are recommended to be RE, Rural Estates.
Upon opening of the public hearing, the following residents appeared in opposition to the annexation and during the hearing, Community Development Director Mike Southard, on behalf of the City of Shawnee, the applicant, answered questions from the residents.
Those appearing in opposition included: Joe McKimmey, Danny Landreth, Eva Douglas, Ken Kerbo, Donna Russell, Darin Sparkman, and Corey Lumry.
The overall common opinion was that by annexing their properties, they did not see any benefits offered by the city, only that there would be many restrictions.
Several of the residents own businesses in the area and they voiced concerns that being annexed would put them out of business due to the many requirements and restrictions of the city codes. Some were anticipating expanding their businesses and that brought up the issue of at what point in the process would the city consider a building in progress.
There being no others to appear, the public hearing was closed.
In discussion, Commissioner Pettyjohn commented that they city planner was trying to move forward, but with the many responses of the residents, he wanted to represent the will of the people.
City Commissioners Peterson and Weaver, members of the Annexation Committee, offered explanations why they as part of the committee, made their decisions based on the overall welfare of the City of Shawnee.
Thereupon, a motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to deny the annexation ordinance. Motion failed.
AYE: Pettyjohn, Harrod
NAY: Harden, Weaver, Peterson, Downing
Then, a motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the annexation ordinance be approved.
Before voting, further discussion ensued about the service Plan previously discussed. Upon City Attorney John Canavan’s opinion, a thorough Plan had not been clearly identified, and that should be done.
Community Development Director Mike Southard noted that there was no commitment on the City’s part for water lines to be placed on Bryan Street.
Based upon issues arising from the two-hour discussion, Commissioner Weaver withdrew his second to the motion to approve the annexation ordinance. Vice Mayor Downing held firm to his motion, thereupon, the motion died for lack of a second.
Concluding, a motion was made by Commissioner Weaver, seconded by Commissioner Harrod, that the annexation ordinance be deferred to the next meeting of October 20, 2003, including the service Plan and determination of when the construction would begin. Motion carried.
AYE: Weaver, Harrod, Harden, Peterson, Pettyjohn
NAY: Downing
AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at the northwest corner of Kickapoo Street and 45th Street from A-1; Agricultural District to C-3; Automotive and Commercial Recreation District for use as commercial development. (Applicant: Dwight Butler on behalf of the Oklahoma State Land Commission)
Mayor Harden declared a public hearing in session to consider rezoning property located at the northwest corner of Kickapoo Street and 45th Street for use as commercial development.
Mayor Harden asked if any persons wished to appear in favor or in protest of the rezoning.
Mr. Kenneth Westervelt, 7 Oak Hollow, appeared to protest the rezoning.
Mr. Dwight Butler, appeared on behalf of the applicant, Oklahoma State Land Commission.
It is the intention of the applicant to develop this quarter section into five to six commercial lots.
There being no others to appear the public hearing was closed.
The Planning Commission and staff recommended approval of the rezoning.
After due and careful consideration, Ordinance No. 2103NS was introduced and the title read aloud.
Ordinance No. 2103NS entitled “An
ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Pottawatomie County, Oklahoma to-wit: A tract of land in the Southeast Quarter (SE/4) of Section 36, Township 11 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma, more particularly described as: Beginning from the Southeast Corner of said Southeast Quarter (SE/4); thence N00°05’03”E along the East line of said Southeast Quarter (SE/4) a distance of 50.00 feet; thence S89°59’11”W a distance of 50.00 feet to the point of beginning; thence from said point of beginning continuing S89°59’11”W a distance of 2587.85 feet; thence N00°07’20”E a distance of 2547.74 feet; thence N88°45’04”E a distance of 948.90 feet; thence S79°23’17”E a distance of 152.97 feet; thence N89°18’07”E a distance of 175.74 feet; thence S79°28’06”E a distance of 760.28 feet; thence S71°56’56”E a distance of 573.68 feet; thence S01°09’54”E a distance of 375.08 feet; thence S89°58’24”E a distance of 10.00 feet; thence S00°05’03”W a distance of 1850.00 feet to the point of beginning; and rezoning said property from A-1; Agricultural District to C-3; Automotive and Commercial Recreation District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Downing, Pettyjohn, Harrod, Harden, Peterson
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2103NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 326 E. Highland from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for use as a game room/arcade. (Applicant: Konnie Ardizzone)
Mayor Harden declared a public hearing in session to consider rezoning property located at 326 East Highland for use as a game room/arcade.
Mayor Harden asked if any persons wished to appear in favor or in protest of the rezoning. Ms. Konnie Ardizzone, the applicant, appeared on behalf of her application.
No others appeared and the public hearing was closed.
It was noted that the Planning Commission and staff recommended approval of the rezoning.
After due and careful consideration, Ordinance No. 2104NS was introduced and the title read aloud.
Ordinance No. 2104NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Pottawatomie County, Oklahoma, to-wit: A tract of land described as beginning at the Northwest Corner of Tract 2, Block 1, Industrial Park Addition, being a part of the Northwest Quarter (NW/4) of Section 19, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, according to the recorded plat thereof; thence N89°20’54”E for a distance of 318.75 feet; thence S00°38’47”E for a distance 550.00 feet; thence S89°20’54”W for a distance 318.76 feet; thence N00°38’44”W for a distance of 550.00 feet to the point of beginning; zoning said property from I-2, Light Industrial District to I-3, Heavy Industrial District; and amending the official zoning map of the City of Shawnee and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Weaver, seconded by Commissioner Peterson, that the Title and Section 1 be approved. Motion
carried.
AYE: Weaver, Peterson, Downing, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2104NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider approval of preliminary plat of the I-40 and Kickapoo Commercial Center Addition property located at the northwest corner of Kickapoo Street and 45th Street. (Applicant: Dwight Butler on behalf of the Oklahoma State School Land Trust).
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the preliminary plat for I-40 and Kickapoo Commercial Center Addition property located at the northwest corner of Kickapoo Street and 45th be approved. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 7: Consider approval of final plat of the Windmill Ridge Office Center located North of Independence and East of Bryan. (Applicant: Windmill Ridge LLC)
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the final plat of the Windmill Ridge Office Center located North of Independence and East of Bryan be approved. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing
NAY: None
AGENDA ITEM NO. 8: Consider staff recommendation regarding rebate for Granada Country Estates/Tanglewood/Cedar Creek/Coronado Terrace Water District property owners.
City Treasurer/Finance Director Terry Compton presented the staff recommendation regarding rebate in the water district eastside of the city.
Before giving the recommendation, he gave an overview of what had transpired in the year 2002 when the water district was created.
Although Mr. Compton was not the city treasurer at that time, he researched the history, and noted that on May 6, 2002, two ordinances were passed by the Commission pertaining to the assessment of construction costs in the Granada Country Estates, Tanglewood, Coronado Terrace, and Cedar Creek water improvement district.
Ordinance No. 2053NS assessed a $4,238.72 fee to the original 137 lots within the district and Ordinance No. 2054NS established the payment rates for those persons outside the district and those within the district who were not part of the original assessment.
He advised that neither of the two ordinances addressed the rebate. He stated that staff had listened to the tape of the meeting and although it was discussed, no action was taken regarding the rebates.
Mr. Compton advised that now some of the property owners in the original assessment have requested a rebate of their initial cost when new property owners tap into the facilities.
City Treasurer Compton gave staff’s recommendation that no rebates should be issued to any parties paying an assessment fee to participate in this water improvement district for the following reasons:
a. Connection to the city water system enhances the value of the lots in the district and the cost of the assessment should be recoverable when a lot is subsequently sold;
b. The city attorney has researched this issue and with other cities and found that rebates for water district assessments are not common practice;
c. Assessments for new taps into the system are not intended to recover initial construction costs and redistribute them to the original 137 customers. Rather, these fees are for continued maintenance and construction necessary to provide water services to the district.
After receiving staff’s recommendation, Mr. Neal Martin, one of the original owners who requested the water district, was allowed to speak regarding the rebate.
Mr. Martin distributed his proposal regarding the rebate and informed the Commission that city staff and he never met regarding his proposal.
Upon discussion, the Commission agreed that city staff meet with Mr. Martin to review his proposal and report back at a later meeting.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that this item pertaining to rebate for Granada Country Estates/Tanglewood/Cedar Creek/Coronado Terrace Water District property owners be deferred to the November 3rd meeting. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing
NAY: None
AGENDA ITEM NO. 9: Consider an ordinance allowing the sale of surplus city owned non-real estate property by public auction, sealed bids or on-line auction service.
Ordinance No. 2105NS was introduced and read into record.
Ordinance No. 2105NS entitled “An ordinance relating to the sale of non-real estate property owned by the City of Shawnee; creating an new Code Section 2-6, Article I, Chapter 2 of the Code of the City of Shawnee; allowing the sale of surplus non-real estate property to be by auction services as directed by the City Commission; setting notice requirements; providing for severability and declaring an emergency.”
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the Ordinance and Section 1-2, be approved. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Peterson, Pettyjohn, Harrod, Harden, Weaver
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2105NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider a resolution declaring certain items of personal property surplus and authorizing the sale thereof by public auction.
It was noted that the City will have its auction on November 8, 2003.
Resolution No. 6177 was introduced and the title read aloud.
Resolution No. 6177 entitled “A resolution declaring certain items of personal property surplus and no longer needed for city purposes; describing said items; authorizing the sale thereof pursuant to public auction; setting forth requirements as to notice.”
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the Title and Resolution be approved. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing
NAY: None
Thereupon Mayor Harden declared Resolution No. 6177 duly passed and adopted.
AGENDA ITEM NO. 11: Consider a resolution declaring certain items of personal property to be unclaimed personal property; the same being in the possession of the Chief of Police and authorize the sale of said items by public auction.
Resolution No. 6178 was introduced and the title read aloud.
Resolution No. 6178 entitled “A resolution declaring certain items of personal property to be unclaimed personal property or property whose ownership is not satisfactorily established, the same being in possession of the Chief of Police for more than six months; describing said items of property; authorizing the City Manager to deliver said items of personal property to the Chief of Police for sale for cash at public auction.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the title and resolution be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Resolution No. 6178 duly passed and adopted.
AGENDA ITEM NO. 12: Consider authorizing staff to advertise for bids for one seventy-five foot aerial ladder truck for fire department.
Fire Chief Jerry Bower requested authorization to advertise for bids on a seventy-five foot aerial ladder truck. The current ladder is a 1963 model.
Mr. Bower noted that the unit would be a first line apparatus with full pumping capabilities and would move a 1982 engine into reserve status and would replace a 1978 engine currently in reserve.
The fire chief stated that the city has the opportunity to go to bid with the City of Midwest City on the same or similar unit that could save the city $15,000 to $25,000. The expected cost would be in the $425,000-450,000 range and take about nine months to build the unit.
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, that the request from Fire Chief Jerry Bower to advertise for bids for one seventy-five foot aerial ladder truck for the Fire
Department be approved. Motion carried.
AYE: Harrod, Peterson, Downing, Pettyjohn, Harden, Weaver
NAY: None
AGENDA ITEM NO. 13: Consider an ordinance raising the fine for non-handicap persons convicted of parking in handicap parking spaces.
The following ordinance was at the request of Commissioner Pettyjohn.
Ordinance No. 2106NS was introduced and the title read aloud.
Ordinance No. 2106NS entitled “An ordinance relating to the penalty for non-handicapped persons parking in handicap parking spaces; amending Section 19-450(b), Sub-division I, Division 2, Article XI of Chapter 19 of the Code of the City of Shawnee, Oklahoma; raising the file for violation of handicap parking from one hundred dollars ($100.00) to one hundred fifty dollars ($150.00); providing for severability; and declaring an emergency.”
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, that the title and Sections 1 and 2, be approved. Motion carried.
AYE: Pettyjohn, Downing, Harrod, Harden, Weaver, Peterson
NAY: None
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Peterson, that Section 3, the emergency clause, be approved.
Motion carried.
AYE: Pettyjohn, Peterson, Downing, Harden, Weaver
NAY: None
ABSTAIN: Harrod
Thereupon Mayor Harden declared Ordinance No. 2106NS duly passed and adopted.
AGENDA ITEM NO. 14: Consider authorizing staff to negotiate contract with Wilbur Smith Associates for Phase 2 of the Comprehensive Plan Update.
As per agenda notes, in November 2002, the Commission contracted with Wilbur Smith Associates for Phase 1 of the Comp Plan Update, which included Housing and Neighborhoods, Land Use, Transportation, and Community Profile.
Phase 2 is funded as a CIP project and will include tasks such as Image and Design, Growth Capacity, Implementation, and the final document. The anticipated cost will be approximately $70,000.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve authorizing staff to negotiate a contract with Wilbur Smith Associates for Phase 2 of the Comprehensive Plan Update. Motion carried.
AYE: Downing, Weaver, Peterson, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 15: Consider authorizing staff to proceed with the design and bid letting for an 8” sanitary sewer line extension and a 12” water line extension to serve the proposed Sac & Fox facility located at the northeast corner of Harrison Street and Westech Road.
City Engineer John Krywicki presented the preliminary estimated costs in the amount of $36,400 for water and sanitary sewer line extension to serve the proposed Sac & Fox casino facility located at the northeast corner of Harrison Street and Westech Road.
He advised that the Sac & Fox Nation had requested that city engineering staff prepare the improvement plans and the City would be reimbursed from the Sac & Fox Nation.
If approved, the Engineering Department would proceed with implementing the plans for bid letting on the project.
Mr. Krywicki noted that as a cooperative effort between the City and the Sac & Fox Nation on this project and other improvements in the immediate area, staff had no objection to this arrangement for this specific project.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that staff be authorized to proceed with the design and bid letting for an 8” sanitary sewer line extension and a 12” water line extension to serve the proposed Sac & Fox facility located at the northeast corner of Harrison Street and Westech Road. Motion carried.
AYE: Weaver, Downing, Pettyjohn, Harrod, Harden, Peterson
NAY: None
AGENDA ITEM NO. 16: Consider approval of revocable permit for Aldridge LLC and E.R.C. to use basement of Aldridge building located in city right of way.
Upon Community Development Mike Southard’s request to defer this item, the following motion was made.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to defer action on approval of revocable permit for Aldridge LLC and E.R.C. to use basement of Aldridge building located in the city’s right-of-way until the agreement has been finalized. Motion carried.
AYE: Harrod, Downing, Pettyjohn, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 17: Consider Bids.
a. One or More Full Size Police Vehicles (Open)
BIDDER AMOUNT
Harvey’s Inc. $18,599.00
Shawnee, OK
Joe Cooper Ford $20,196.00
Shawnee, OK
Seminole Ford-Mercury $20,539.19
Seminole, OK
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the bids for one or more full size police vehicles be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson
NAY: None
b. Mowing and Cleaning Weeds and Trash (Open)
L & S Lawn John Strech R & R
Tree Service Recycling
1. a. Cutting grass and weeds on 10,000 sq. ft. $55.00 $50.00 49.00
or less of land area. Less than 25% of
the land shall be covered with vegetation
higher than two feet.
b. Each additional 1,000 sq. ft. of land $10.00 $ 3.00 $ 2.49
area up to one acre.
2. a. Cutting grass and weeds on 10,000 sq. ft. $65.00 $55.00 $49.00
or less of land area. More than 25% of
the land shall be covered with vegetation
higher than two feet.
b. Each additional 1,000 sq. ft. of land $10.00 $ 3.00 $ 2.49
area up to one acre.
3. a. Cutting grass and weeds on larger areas: $100.00 $60.00 $25.00
bid per acre or part thereof. Less than
25% of the land shall be covered with
vegetation higher than four feet.
b. Cutting grass and weeds on larger areas: $150.00 $70.00 $49.00
bid per acre or part thereof. More than
25% of the land shall be covered with
vegetation higher than four feet.
4. a. Debris removal: Each ½ ton pick-up load. $90.00 $40.00 $65.00
b. Disposal of vehicle tires—each. $ 1.50 $ 3.00 $ 2.50
5. Show-up fee—(to be used if cancellation of $35.00 $15.00 $30.00
order is made subsequent to issuance of order)
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to defer the contract on mowing and cleaning weeds and trash for fiscal year 2003/04 to staff for review and recommendation at the next meeting. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Harrod, Harden
NAY: None
c. MacArthur Street Paving Project (Leo to US Highway 177) (Open & Award)
BIDDER AMOUNT
Vantage Paving, Inc. $443,929.30
Oklahoma City, OK
APAC-Oklahoma, Inc. $734,011.50
Tulsa, OK
Shell Construction Co., Inc. $557,815.25
Oklahoma City, OK
Krapff Reynolds Const. Co. $608,475.50
Oklahoma City, OK
ENGINEER’S ESTIMATE: $493,498.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to award the contract to Vantage Paving Inc., Oklahoma City, Oklahoma, as the lowest and best bid in the amount of $443,929.30 pending review by staff to determine bid is in order. Motion carried.
AYE: Downing, Weaver, Peterson, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 18: 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. 19: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 20: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Ms. Stephanie Stretch requested guidance on how to report a city employee(s) not following the policies and procedures of the city.
City Manager Terry Powell advised that she could direct her inquires to him.
AGENDA ITEM NO. 21: Consider an Executive Session pursuant to 25 O.S. §307B(4) to discuss pending litigation entitled James Harrod and Kaye Steele Harrod vs. the Board of City Commissioners of the City of Shawnee, Oklahoma, Case No. C-03-97 filed in the District Court of Pottawatomie County, Oklahoma on January 30, 2003.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Commission go into Executive Session to discuss pending litigation entitled James Harrod and Kaye Steele Harrod vs. the Board of City Commissioners of the City of Shawnee, Oklahoma, Case No. C-03-97 filed in the District Court of Pottawatomie County, Oklahoma on January 30, 2003. Motion carried.
AYE: Downing, Weaver, Peterson, Pettyjohn, Harden
NAY: None
ABSTAIN: Harrod
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 10:43 P.M. WITH FIVE COMMISSIONERS PRESENT, EXCEPT COMMISSIONER HARROD.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 10:52 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 22: Consider matters discussed in Executive Session pursuant to 25 O.S. §307B(4) regarding pending litigation entitled James Harrod and Kaye Steele Harrod, Case No. C-03-97 filed in the District Court of Pottawatomie County, Oklahoma on January 30, 2003.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to direct counsel to proceed with the lawsuit as instructed in the case of James Harrod and Kaye Steele Harrod, Case No. C-03-97. Motion carried.
AYE: Weaver, Downing, Pettyjohn, Harden, Peterson
NAY: None
ABSTAIN: Harrod
AGENDA ITEM NO. 23: Commissioners Comments.
There were no Commissioners Comments.
AGENDA ITEM NO. 24: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried. (10:53pm)
AYE: Weaver, Pettyjohn, Harrod, Harden, Peterson, Downing
NAY: None
________________________
MAYOR
(SEAL)
ATTEST:
____________________________
CITY CLERK
NOTICE: This is NOT an official document. All official documents are maintained by the Shawnee City Clerk at Shawnee City Hall.
This document is provided as a public information device. Please contact City Hall at 405-878-1604 for official documents.