MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

JULY 27, 2004

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor John P. Purcell, Jr.                Also Present:

Presiding                        Larry Mitchell, City Manager

                            John Vincent, City Attorney

                            Kathy Fanning, City Clerk

                            Col. G. Keith Herring, Fort Sill Liaison

                            

The meeting was called to order at 6:03 p.m. by Mayor Purcell, invocation given by Pastor Curtis Newton of Trinity Assembly of God Church, and Pledge of Allegiance.  Notice of meeting and agenda were posted on the City Hall notice board as required by law.

ROLL CALL

PRESENT:                Randy Bass, Ward One

                    Rex Givens, Ward Two

                    Glenn Devine, Ward Three

                    Amy Ewing-Holmstrom, Ward Four

        *Robert Shanklin, Ward Five

        Jeffrey Patton, Ward Six

        Stanley Haywood, Ward Seven

        Randy Warren, Ward Eight

ABSENT:    None

*Shanklin arrived at 6:10 p.m.

PRESENTATION OF EMPLOYEE OF THE YEAR AWARD

Orlando Kreizenbeck, Sanitation Worker in the Solid Waste Collection Division of the Public Works Department was honored with the Employee of the Year Award.  Mayor Purcell read and presented him with a Certificate of Honor from the City of Lawton. Kreizenbeck was next presented a plaque from the Mayor, along with $100 in script money, and a Certificate of Days off from the Employee Advisory Committee, entitling him to two days off.

Kreizenbeck thanked the citizens of Lawton and he likes to do a good job for them.

PRESENTATION OF "HIGHEST PERCENTAGE GROWTH IN TRANSIT PASSENGER RIDERSHIP IN OKLAHOMA" AWARD TO LATS

Purcell presented Steve Sherrer from LATS with an award for the highest percentage growth in transit passenger ridership in Oklahoma.  He said Sherrer has been running LATS since it started and has done a wonderful job.  Purcell read some of the accomplishment LATS has made.  He said last year, LATS recorded an overall increase of 19.2% or 35,924 passengers, over and above FY 2002, when they started.  The year-end total for fixed-route passenger ridership from July 1, 2003 through June 30, 2004, was 222,996 riders.  Purcell said that is 223,000 people in the City of Lawton and the Lawton-Ft. Sill community that took advantage of the buses.  He said when we hear people are not riding the bus, that is just not true.  He said we are really proud of the way Sherrer has run this system.  He read the award to Sherrer from the Federal Transit Administration in Region 6.  Purcell congratulated Sherrer for a job well done and that he is really appreciated.

Sherrer said it is his pleasure to accept the award on behalf of all the employees of LATS. He said it’ s an honor to be recognized by the Mayor and Council and the Federal Transit Administration.  He said 19.2% ridership increase isn’ t something that you see normally without an increase in service and we have maintained the same service over the past two years.  He reminded everybody that each ride to work and each job that’ s created by the availability of affordable public transportation puts money back into Lawton-Ft. Sill community and that benefits each and every one of us, not just those who rely on LATS for their transportation.  He invited everyone to get out and ride the bus.

PROCLAMATION BY MAYOR PURCELL FOR "LAWTON RODEO DAYS"

Purcell called Scotty Hughes from the Lawton Rangers to come forward along with all the gentleman with him.  Purcell said rodeos days are coming up in August, in conjunction with Lawton’ s Birthday and wanted to present a proclamation to the Lawton Rangers.  He read the proclamation then presented it to Hughes.  He proclaimed August 11, 12, 13, and 14 ^th, 2004, as Lawton Rodeo Days and encouraged all Lawton-Ft. Sill citizens to attend this traditional birthday event.

Hughes said on behalf of the Lawton Rangers he wanted to thank the Mayor and Council for the proclamation.  He said this is their 66 ^th annual rodeo in our city and it’ s a professional show.  He said they bring a lot of cowboys in who come through town, the Chamber supports us, the City supports us, and the cowboys spend money in town, they stay in the motels, and eat at our restaurants, so it’ s good for the entire community.  The parade this year will be on August 10^th at 6:30 p.m. and the rodeo starts on Wednesday through Saturday, the 11^th through the 14th.  

PROCLAMATION BY MAYOR PURCELL FOR "NATIONAL KID'S DAY"

Purcell asked Leroy Giles to come forward to present a proclamation from the Office of the Mayor for National Kid’ s Day.  The proclamation was read and presented to Giles. Purcell proclaimed July 31, 2004 as National Kids Day in the Lawton-Ft. Sill community and called on all citizens to join with him in recognizing and commending the National Kids Day Alliance Organizations for providing their everyday contributions and commitment to improving the lives of the children and young adults in this community.

Giles thanked the Mayor, Council, the Lawton-Ft. Sill community, and the committee, the people who are not able to be here, but are doing all the work for our children and it’ s important.  If you can share the word with someone, on the 31 ^st come out, eat a hog dog, and have some fun.

Purcell asked Endicott to come forward to make an introduction.  

Endicott said our previous MIS Supervisor retired in June and he would like to introduce Kevin Hall, the new MIS Supervisor.

Purcell welcomed Hall and is glad to have him onboard and in our community.

Hall said thank you and is glad to be working for the City of Lawton.

AUDIENCE PARTICIPATION:

Raymond McAllister spoke about the rodeo and urged everyone to get their tickets.

AUDIENCE PARTICIPATION CLOSED AT THIS TIME.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL SPECIAL MEETING OF MAY 18, 2004.

CONSENT AGENDA : No separate consideration was requested for any items.

*Patton was out of the room during vote.

1.    Consider the following damage claims recommended for denial:  Mike and Deena Dave, and Tom and Courtney Mack.  Action:  approved.

2.    Consider the following damage claim recommended for approval and consider passage of the resolution authorizing the City Attorney to file a friendly suit for the claim which is over $400.00:  Larry and Vickie Keplinger.   Action: approved.

3.    Consider authorizing the City Clerk to release and file a waiver on the demolition and mowing liens on the real property located in Radio City Addition, Block 14 Lot 10, a/k/a 1813 SW E Avenue.    Action:  approved.

4.    Consider approving Change Order  Number 3 for a deduct in the amount of $181,444, accept the project and place the maintenance bond into effect for the Medicine Park Water Treatment Plant Expansion Project with Van Horn Construction, Inc.   Action:  approved.

5.    Consider accepting the Storm Shelters Project #2004-7 as constructed by Dale Miller dba B & M Storm Shelters and placing the Maintenance Bond into effect. Action:  approved.

6.    Consider acknowledging receipt of a permit for the construction of a waterline and appurtenances from the Oklahoma Department of Environmental Quality to serve the West Cache Road 24" Waterline Phase I Project #2003-11, City of Lawton, Comanche County, Oklahoma.  Action:  approved.

7.    Consider approving proposed site location at the Museum of the Great Plains as the official City of Lawton visitor's center operated by the Retired Seniors Volunteer Program under the direction of the Parks and Recreation Department. Action:  approved.

8.    Approval for Arts & Humanities Division to accept the Local Government Challenge Grant from the Oklahoma Arts Council for the FY 2004-2005.  Action: approved.

9.    Consider approving contract with Tropical Illusions of Broken Arrow, Oklahoma, for the Children's Area of the 2004 International Festival and authorize the Mayor and City Clerk to execute the agreement.  Action:  approved.

10.    Consider approving contracts with Karl Waldbauer of the Polka Kings, Luther Gray of Bamboula 2000, Joe Ragan of Oklahoma Panhandlers, Jose Albornoz of Wayanay Inka, Dana Morrow of Banish Misfortune as performers at the 2004 International Festival and authorize the Mayor and City Clerk to execute the agreements.  Action:  approved.

11.    Consider approving the following contract extensions:  Medical Director (CL03-076) with Wichita Mountain Medical; Testing Services (CL03-002) with Standard Testing and Engineering Company; Redi-Mix Concrete (CL03-011) with Southwest Ready Mix; and Elevator Maintenance (CL04-001) with American Elevator Company, Inc.  Action:  approved.

12.    Consider awarding contract for Aqueous Ammonia (CL04-075) to Harcros Chemicals, Inc.  Action:  approved.

13.    Consider approval of appointments to boards, commissions and trusts.   Action: approved.

14.    Consider approval of payroll for the period of June 21, 2004 to July 4, 2004. Action:  approved.

BUSINESS ITEMS:

15.    Consider approving renewal of the Contract for Tourism and Economic and Industrial Development Services Agreement with the Lawton Chamber of Commerce and Industry (LCCI) for allocation and expenditure of Hotel-Motel Tax Revenues for Fiscal Year 2004-2005 and receive the year-end activity report, and take appropriate action.  

Dana Davis, President and CEO of the Lawton Chamber of Commerce and Industry said they want to present their Year-End Activity Report, a copy which was handed out to Council, and they would like to request approval for the renewal of the contract for Tourism and Economic Industrial Development Services, between the City and the Chamber.  He has only been here six weeks, but as he meets more people from Lawton, the more excited he becomes about the choice he made to move to Lawton.  He thanked Council for all they do for the Chamber and encouraged Council to use them as a tool to move the City forward.  He introduced Sheila Lee, their Vice-President to present their report.  After her report, Mike Brown, Chairman of their Board, will present the request for renewal of the contract.

Sheila Lee said the annual report she is about to give for the Chamber’ s activities relates to the use of the Hotel/Motel Tax Fund.  She said the Chamber Board and staff continue to be attentive to the fact that these funds are to be utilized for Economic Development and Tourism purposes.  They are aware that when the Hotel/Motel Funds are combined with the Chamber’ s additional resources, to include staff, that the potential for all Economic Development and Tourism Funds are maximized.  Their organization is all about creating jobs and enhancing the quality of life for the citizens of Lawton-Fort Sill. The Chamber carries this out in a variety of ways, to include the active recruitment of new industry, assisting established industry and business, and tourism development and enhancement.  Lee said since their last reporting session in January, they have much to report.  The Economic Development Department of the Chamber continues it’ s work in expansion and retention, marketing, recruiting, data collection and research.  She said earlier this year the Oklahoma State Supreme Court issued a decision, favorable to the Industrial Development Bond Financing Law, passed in 2003, that allows Goodyear to receive $36 million from the State of Oklahoma.  Industrial Park expansion has become critical.  Additional tracts of land will need to be clear of residential and commercial encroachment with utilities on-site.  Commercial redevelopment and City beautification continues to be a major concern for major employers and for the medical community. The Economic Development office has been working with a local distribution and wholesale company on their proposed new facility and expansion.  This project is in a Lawton neighborhood with a high level of under employment and unemployment.  Lee said total new jobs created will be 15-25 with total employment at the facility of 85.  A large well-established local business is interested in acquiring the Haggar Building.  The building would be converted into a long-term, permanent storage and data processing center. A major defense contractor has contacted the Economic Development Office concerning an available building in the Lawton Industrial Park, for a combination research development and manufacturing facility.  The number of potential employees will be 100.  A major International Construction Materials prospect is interested in Lawton, sent their top corporate engineer here to tour the available industrial sites.  The competition for this job will be considerable, with over 400 employees and over 500,000 square feet to be awarded.  She said to qualify for this project, the Lawton Industrial Park’ s infrastructure will have to be modified and expanded.

Lee said in an effort to assist in increasing sales tax collection during the November-December time frame, Chamber staff and volunteers organized, for the second consecutive year, a comprehensive retail promotion focusing on Christmas Holiday shoppers.  The Santa Shop’ s Lawton promotion is designed specifically to encourage area shoppers to do their holiday shopping with area merchants.  The Chamber continues with lobbying efforts through consultant J. R. Rescavac, of Capital Decisions, Inc.  This program continues to be funded through private donations.  In March, the Chamber partnered with the Altus, Duncan, Chickasha, and Frederick, to host a legislative reception.  The Chamber’ s annual Washington D.C. trip was held in March with 28 community leaders, elected officials, and military personnel attending.  This group met with key Congressional Defense decision-makers and the Oklahoma Congressional Delegation.

Lee stated tourism efforts continue to be a top priority in their organization.  The Chamber staff has aggressively sought out and secured events that will bring significant income to this community in the coming months.  They continue to provide, at no cost to the requester, visitor and relocation information, as well as access to information, through the website.  Recruiting efforts continue to bring many organized activities to the community.  The Discovery Trail is a marketing tool concept, developed this year, to attract visitors to the Lawton-Ft. Sill’ s top five attractions.  This has been promoted in advertising, press releases, speeches to civic organizations, familiarization tours, at trade shows and on the radio.  They continue to host events such as the Wichita Mountain Steer and Heifer Show which has representation from ten different states.  Tourism continues to grow vigorously.  She then introduced their Chairman of the Board, Mike Brown.

Brown said he is here to request the $560,000 budget from the Hotel/Motel Tax.  He said there are some things the Chamber is working on, one of which is a long-term, economic development plan, a downtown revitalization plan, the continued success of the Tourism Plan, and the implementation of the Lawton Image Plan, which was part of a funding of some research they had done last year.

Vincent said we are going to have to bring back a resolution to do the budget amendment for the City’ s Fiscal Budget, so that part should be left out.

VOTE ON THE MOTION WAS HELD AT THIS TIME.

AYE:  Ewing-Holmstrom, Shanklin, Patton, Haywood, Warren, Bass, Givens, Devine. NAY:  None.  MOTION CARRIED.

16.    Consider denying the request for a subordination agreement on the City's mortgage with Irma J. Newburn (Borrower) for the property at 5815 NW Kinyon Avenue.  

Tom Aplin said Ms. Newburn is requesting the City subordinate it’ s current second mortgage to a new lender that would allow her to refinance her home and do some improvements to the home to make it more suitable and of a better size to accommodate her family.  He said our policy in dealing with subordinations is we cannot recommend approval unless the total loan value on the home is 75% of the appraised value.  In this particular case, if the subordination is approved and if the loan is granted, that ratio will be 112%.  That is the total loans against the value of the property would exceed it by 12%.  He said staff does request denying the request for subordination, however, for Council’ s consideration, this is not a loan consolidation attempt.  This is an attempt to refinance her home that will put her into a better financial condition by lowering the interest rate on the property and also will allow her to have funds to improve her home and the value of the property.  Approval of this will worsen the City’ s risk in terms of our financial commitment to this project.

Givens said about a month ago, we had one of these and lost all the money because we subordinated.

Aplin said he thinks Givens is thinking about the First Time Home Buyer Project in which the property was refinanced without our knowledge, the money was used for the benefit of the family.  When we found out about it they were in bankruptcy and essentially we were required to pay the money back to HUD because the project did not complete it’ s affordability period.  

Haywood said they didn’ t get permission as he said.  He asked if her payment would only go up $42.  Aplin said that is correct.  Haywood said increasing her property would be from $50,000 to $55,000.  Aplin said that is also correct according to the data they have. Haywood she wants to stay where she is and improve her property.

Warren said in the past he has had a problem with it because it was loan consolidation and in this situation, it’ s not like that.  She is actually trying to better herself and put herself in a better position on the property.  He recommends the Council pass this.

Bass asked if the appraisal is correct.  He said he had talked with her and she thought her house appraised at $55,000 to date.  Newburn said that was her understanding.  Bass said not after she finishes her house, she thought her house would appraise for $55,000 right now, as is.  Aplin said he’ s told that $55,000 is the post improvement appraisal, which will provide the basis for the new loan.

Ewing-Holmstrom said item F says there is no guarantee the borrower will use the money as stated.  She asks what we could do if the borrower does not use the money as stated. Aplin said he would have to defer that to the City Attorney.  He said our agreement is for her to maintain that as her personal residence for a certain period of time.  Since she is a First Time Homebuyer, that would be 15 years.  As long as she remains in that property, whether she spent the money doing that or not, she would still be in compliance with our agreement.  There is no provision in our mortgage with Newburn that would give us any enforcement if she chose to use that money for some other purpose.  We don’ t think that’ s the case in this instance.

Newburn said the agreement was for her to stay there for 15 years, but she has been there six years already.

Givens asked Vincent if Council agrees to subordinate their interests, why can’ t we, in that subordination agreement, have a stipulation that should these improvements not be met, that would be considered a default on the mortgage to the City.  Vincent said we could do that, but we would still be in second position at that point.  Givens said he understands that, but that would be more of a guarantee that she’ s going to make these improvement.  Vincent said that is correct.  We could add that clause to the standard subordination agreement.

Warren said he will amend his motion to include language to that effect.

Shanklin said he had no problem with that.

17.    Consider denial of the renewal request submitted by Litehouse LLC for Robinson's Landing Store.  

Shahan said this is a request to deny the renewal and those operating the concession are in agreement with this.  This will give them the 90 days they need to remove everything.  He said they did a great job with this contract, it’ s just at this point they want to get out of the contract.  After they remove all their items we can create a new contract and go back out for bids and be ready for next season.

18.    Consider adopting an ordinance amending Section 16-4-2-425, Division 16-4-2, Article 16-4, Chapter 16, Lawton City Code, 1995, pertaining to offenses and crimes, providing for severability and declaring an emergency.  

Warren said we previously had an ordinance that said you could only have music lower than 89 decibels from a period of June until September and we realize that didn’ t make sense, so we are basically deleting the dates and it will be illegal for anything to exceed 89 decibels from this point forward.

Bass asked if the City has any machinery that works at a higher decibel than that.  He asked if it was ok for the City to do it but nobody else can.  Our heavy equipment is pretty loud, so how do you get around that?   Vincent said if you read subsection B, there are certain exceptions for different types of motor vehicles, machinery and equipment on a resolution adopted by Council, such as operation of equipment owned by any City or State Government.  There are ways we can make allowances.  The only change is the removal of the date restriction.

Bass asked how many decibel machines do we have.  Chief Thorne said we have one in our possession at this time.  We do have one available should we receive a complaint.

Vincent read the ordinance title at this time.

VOTE ON MOTION WAS TAKEN AT THIS TIME.

AYE:  Haywood, Warren, Bass, Givens, Devine, Ewing-Holmstrom, Shanklin, Patton. NAY:  None.  MOTION CARRIED.

(Title read aloud)     Ordinance No. 03-31

An Ordinance pertaining to Offenses and Crimes amending Section 16-4-2-425, Division 16-4-2, Article 16-4, Chapter 16, Lawton City Code, 1995, by deleting the time period prohibiting operation of loud machinery, providing for severability and declaring an emergency.

19.    Consider adopting an ordinance notifying the public of the publication of Supplement No. 11 to the Lawton City Code, 1995, and declaring an emergency.

Vincent said about twice a year we try to recodify the Code, we are required to do it a minimum of one time a year.  This is to provide Supplement #11 to the Lawton City Code.  The cost priced to individuals who want to buy a hard copy is $25 and this is already on the website.  As these ordinances are passed, they are put on the website within a week.  This is the codification required by statute.

Vincent read the ordinance title at this time.

VOTE ON THE MOTION WAS HELD AT THIS TIME.

AYE:  Warren, Bass, Givens, Devine, Ewing-Holmstrom, Shanklin, Patton, Haywood. NAY:  None.  MOTION CARRIED.

(Title read aloud)     Ordinance No. 03-32

An Ordinance approving Supplement No. 11 to the Lawton City Code, 1995, directing filing and notification of the publication of Supplement No. 11 to the Lawton City Code, 1995, and establishing a fee for the sale of Supplement No. 11, and declaring an emergency.

REPORTS:

Col. Herring said the Oklahoma Department of Transportation has notified them that they are going to begin a project on the exit ramp of I-44 at Key Gate.  It will close the exit ramp that accesses Key Gate coming from the north off I-44 for about 30 days.  The work will begin on August 2 ^nd.  During that 30 day period you can still access the installation coming through Medicine Park and entering from Apache Gate or continuing past Key Gate and coming into one of the gates off Rogers Lane.  It won’ t impact any of the other entrance or exit ramps around that area, just the one ramp.

Ewing-Holmstrom said next Tuesday night at the Eastside Park, 4100 SE Gore, is America’ s Night Out Against Crime.  The Police are asking that lights on means lights out for crime.  It starts at 7:00 p.m. and is the National Night Out.  The Chief of Police will be there, there will be free hot dogs and drinks, and there will be children ID’ s free. She invited everybody to come.

Shanklin said he is going to ask every two weeks until he gets an answer on what we are going to do about the windows at the Library.  He asked if we were going to spend the $2,000 or are we going to get volunteer, misdemeanor prisoners to work some of their time off a little faster by cleaning those windows.  He said he couldn’ t understand why he couldn’ t get an answer on that.

Shanklin said we all agreed awhile back that we were going to try to get a clean up crew to clean up all the right-of-ways and easements.  We still have never heard anything else about that.  If you look around town, look at the sidewalks, curbs and gutters, parking lots, and several other areas, grass and weeds are growing everywhere.  We need to show the way by at least establishing something that will allow the low hanging branches on our streets that we have to dodge to be trimmed.  We all agreed it would be 14 feet, the City would take care of it.  We are not doing it.  We still have not heard what it would cost.  We never got to see the RFP and we have no idea what was asked for.  He would like to see what we’ re asking for if we ever do write it.  He would like to see how many men it will take and how much money it will take, to establish this crew we all agreed to.

Shanklin spoke about trash dumpsters and cans, especially in the alleys and easements. You can go up any alley in the Old Town North and you will see trash everywhere.  There has to be something where we can curtail this activity.  

Shanklin reported we also have birds again at 13 ^th and Lake that are about to drive Mrs. Hughes crazy.  Her backyard looks like it has snowed.  It is unhealthy, but these are on the restricted list and are protected and we can’ t do anything about that.

Shanklin asked if we have a master plan to redo the whole City Hall.  He has asked four or five Council members and none of them have ever known anything about it until it gets done or some employee tells us.  He would like to know if there is still more to do.  We have remodeled several places.  He said he had nothing against it, he just doesn’ t like to be told about it by the employees.  He wanted to know if we were going to do the whole complex that way.  Endicott said he believes Shanklin is referring to Revenue Services. Shanklin said it’ s not just that, he sees it other places.  Before, Council always knew about whenever you were going to go spend some money and do these things.  Endicott said we did get Council approval.  It’ s in our Capital Outlay.  It was in the budget.  We had $1,400 for remodeling Revenue Services.  Shanklin said if it was in the budget, that doesn’ t mean we knew about it.  He asked if we talked about it.  Endicott said we did talk about it during workshop.

Shanklin said on H Avenue we’ ve had eight breaks in the street, in one block.  We had two in February 04, and another in July 04.  If you look at the street, it doesn’ t necessarily look like it’ s in a battle zone, but you can see the different patches.  We keep moving down the street, 10-20 feet at a time.  He said he thinks we should fix it.

Haywood  said everyone has been invited to the Douglas Reunion, on August 5 ^th and there should be between 500-600 people here in Lawton next week.  They are coming back for the school reunion and will spend a lot of money.  They will be in the former Howard Johnson’ s and at Patterson Center, but will not be at Douglas this year.  He said Railroad Street will have to be fixed, it’ s in terrible shape, especially if the old Haggar Slacks Building is going to be fixed.  You will need a way in and out.

Haywood said there is a bridge between Railroad and Bishop at Tower Road, that is half the City’ s and half the County’ s.  He said he would hate to see someone go off that bridge.  This will have to be fixed also.  He also spoke about 5 ^th and Hwy.7, there is a gravel road on Douglas, and there shouldn’ t be any gravel roads in the City of Lawton. We need to get some pipe for the drainage.  The water has been draining for 20 years.  He said he would like that street fixed.  We can’ t fix the street unless we fix the drainage.

Warren said he had the opportunity to give blood the other day and they had talked about letting OBI come up here and set up a station and let Council, during one of its usually extended meetings, there’ s enough time we could all give blood.

Devine commended Ihler for taking a step into the future.  The last time he had a request for a trash compactor he got it with the device on the back of it, so we can go to the larger containers.  That’ s a great step into the future because it costs a lot less money with that being on there at the time you ordered a new truck.  Devine said the neighbor of 2911 NW Euclid said every time it rains they have to open the back door of their garage and the front door of their garage, so the water can run on through.  PSO is the one who dug part of the trench, but they diverted the water right into these people’ s back yard.  The other part is the mosquitoes are unbearable because the water just stands and stands.  It’ s trapped behind Tomlinson Jr. High and can’ t get out.  He said he would like to see something done on that.

Purcell reminded everyone that one week from tonight, there will be a Town Hall Meeting with the Mayor here at 6:00 p.m. and everyone is invited.  This is the first meeting and he will be doing it the first Tuesday of every month.  He reminded Council they had failed, with the exception of Shanklin, to get him a name of someone they would like to see serve on the Codes Committee we are trying to put together.  Purcell said he is receiving complaints about political signs all over the place.  We need to revise our sign ordinance and he has asked Vincent to come up with something.  We need an ordinance, we need an emergency before the runoff because this is ridiculous because they’ re floating all over town.  He said he has asked Vincent to come up with an ordinance that says you can’ t have more than one sign for one candidate within a certain amount of space and if you put them on an easement we will take them down and there will be a significant fine for each sign we take down.

Ewing-Holmstrom said with that sign ordinance, she would like something in there about people posting signs on City utility poles.

Purcell said it’ s in there, but there no teeth in it, there’ s no fines, so they do it and we take them down.  There needs to be enough money charged for each sign, if we have to hire five people during election season to go take them down.

Devine asked how we are going to hold a candidate responsible where somebody else posts a sign.  He asked what would be the difference if he would take Bass’ s sign and put him over in violation and you go and fine him and I am his direct competition, he wants to know how we are going to enforce that.  

Warren said you make yard signs illegal.  Shanklin said you take yard signs and they have to be on an occupied house.

Purcell said if you have comments on how this should work, please get in touch with Vincent between now and the next meeting.  He passed out copies of a letter he received to Council, from the Planning Commission.  They are somewhat upset, as are a couple other commissions we have asked to do a job, because they make recommendations to us, so we don’ t have to do it, they make their decision in what is the best interest of the City and the citizens, with no political ramifications, and this Council tends to overrule them 95% of the time, or more.  They are asking what are they doing all this for and wasting their time and why doesn’ t Council just approve everything and come straight to Council.  He asked Council to please read the letter, think about their frustration, and think about it the next time we get a recommendation from one of our committees.  He said he is having a terrible time finding people to serve on committees because they don’ t want to waste their time because when they make a recommendation the Council just overrules it all the time.

Warren asked Vincent if he was going to bring back an actual Sign Ordinance, if so, he would like to ask Council also consider at the same time, to stop businesses from hiring people to stand out on City right-of-ways with signs, it is getting out of hand.  We have people out in the middle of Cache Road waving signs at cars as they’ re going down the street and that’ s going to get somebody killed.

Vincent said he is not proposing criminal charges, but he is proposing heavy fees. Oklahoma City hires a crew to go out and pick up all the signs, notify the candidate that they have their signs, if you want them back, you will pay us a fee and even if you don’ t want them back, you are going to pay us a fee.

Purcell asked for item #20 to be stricken.

Council adjourned into executive session at 7:20 p.m.

Council reconvened from executive session at 7:27  p.m. with a motion, second, and roll call with all present.

EXECUTIVE SESSION:

20.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the required settlement conference of a pending lawsuit of Art G. Mata and Armando G. Mata, Case No. CJ-2003-882, in which the City has an interest and in open session, appoint a City Council representative to attend the Settlement Conference.  

THIS ITEM WAS STRUCK.

21.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the pending tort claim of Sylvia H. and Billy J. Slusher, DC-2004-59, against the City of Lawton, and if necessary, take appropriate action in open session.  

Vincent read the title of Item 21 as shown above. He said Council convened in executive session and after discussion, he believes there is a motion.

22.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the pending tort claim of Southwest Oklahoma Federal Credit Union, DC-2004-55, against the City of Lawton, and if necessary, take appropriate action in open session.  

Vincent read the title of Item 22 as shown above. He said Council convened in executive session and after discussion, there is a possibility of settlement.

There being no further business to consider, the meeting adjourned at 7:30 p.m. upon motion, second and roll call vote.