MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

                                                      NOVEMBER 28, 2006 –  6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor John Purcell, Jr.                        Also Present:

Presiding                        Larry Mitchell, City Manager

                            John Vincent, City Attorney

                            Traci Hushbeck, City Clerk

                            

Mayor Purcell called the meeting to order at 6:02 p.m. Notice of meeting and agenda were posted on the City Hall notice board as required by law.   Invocation was given by Dr. David King, Calvary Baptist Church, followed by the Pledge of Allegiance.

ROLL CALL

PRESENT:                Bill Shoemate, Ward One

Rex Givens, Ward Two

                                                            Janice Drewry, Ward Three

                                                            Keith Jackson, Ward Four

                    Jeff Patton, Ward Six

                    Stanley Haywood, Ward Seven

                    Randy Warren, Ward Eight

ABSENT:                    Robert Shanklin, Ward Five

AUDIENCE PARTICIPATION:

Arthur Shipley, 4829 NW Floyd Avenue, stated he was confused over the new trash containers.  He stated he had a cardboard box lying next to his trash containers.  He called and was told if it was not in the can, they will not pick it up.  He questioned what happens to the trash that they cannot get into the can.  Is the property owner responsible?  If he has to take it to the landfill, he would prefer to take all of his trash.  He stated he was told he would still have to pay for the pick up whether he uses it or not.  

Mitchell stated the City Council recently expanded the clean up periods to one every three months.

Mr. Shipley stated they either have to leave things laying there until the clean up or take it to the landfill.  He stated if he has to go to the landfill, why doesn’ t he just take all of his trash.  But the city will still charge him.

Mitchell stated yes.  He has that choice.

Mr. Shipley stated the residents really need clarification.  He stated this is not working and something has to be done.  He does understand that residents can buy an additional trash can for $5 dollars a month, for the rest of his life.

Mitchell stated that is correct.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR MEETINGS OF AUGUST 22 AND OCTOBER 10, 2006.

CONSENT AGENDA: The following items are considered to be routine by the City Council and will be enacted with one motion. Should discussion be desired on an item, that item will be removed from the Consent Agenda prior to action and considered separately.

Givens request item #2 be considered separately.

1.    Consider the following damage claim recommended for approval and consider passage of any resolution authorizing the City Attorney to file a friendly suit for the claim which is over $400.00: Ella Pauline Meador, Forrest and Dorothy Doling in the amount of $1,500.00.  Exhibits: Legal Opinion/Recommendation and Resolution No. 06-195.

2.    Consider the following damage claims as recommended for denial: Kimberly and Issac Furrh in the amount of $120.00, Marie Caro in the amount of $880.10, Catherine Bernal in an amount in excess of $10,000.00.  Exhibits:  Legal Opinions/Recommendations.

Givens stated Ms. Caro is here to answer questions.  She sent a letter to all of the City Councilors.  He stated it appears that the fault lay in the reconnection or no connection of her sewer line to the main sewer.   

Vincent stated he has not seen the letter from Ms. Caro.  He stated it was the failure to connect, but the reason this claim was recommended for denial was because of the period of time from when the line was installed and over two years later when she first notified the city that there was a problem.  The statute of limitations has definitely run.  He stated in talking with her plumber, he alludes to the fact that if this had been reported in time, the total damages would have been $580.10.  He stated if they are going to recommend payment, that is really the most we can pay.

Givens stated he does not have her plumber’ s letter and that was not included in the information they received from Ms. Caro.

Vincent stated that staff spoke with her plumber on the telephone and he alluded that the remainder of the service line did not need to be replaced, but was replaced at her request. The only thing that needed to be replaced was the connection at the sewer main which was $580.10.  The other $300 is for the remainder of the service line.

Givens stated she claims that she has a receipt for the plumbers work in the amount of $600 which was charged to her credit card, plus $240 in checks that she paid the plumbers.

Vincent stated the amount of her claim is itemized in the claim report.  He stated that $300 was for replacement of the service line that did not need to be replaced.

Givens stated she replaced that line because she thought it was the problem.  She was told that the problem was in her service line.

Vincent stated that was done over two years ago and even if we would have used a private contractor, his warranty would have elapsed before the city was notified of this problem.

Givens stated she had the problem in 2005 and she was trying to take care of it herself until such time that it got out of hand.

Vincent stated the most staff can recommend is $580.10.

VOTE ON MOTION:   AYE: Patton, Haywood, Shoemate, Givens, Drewry, Jackson. NAY: Warren. MOTION CARRIED.

3.    Consider adopting a resolution ratifying the action of the City Attorney and the City Manager in directing our third party administrator to make payment on the judgment in the Workers' Compensation case of Roderick Wilson in the Workers' Compensation Court, Case No. 2006-00124 F.   Exhibits:   Resolution 06-197.   

4.    Consider ratifying the actions of the Lawton Water Authority by approving an Amendment to the Surface Sub-Lease Contract with Mark Gilbreath, and authorize the Mayor and City Clerk to execute the Amendment.  Exhibits: Amendment No. 1 is on file at the City Clerk’ s office.             

5.    Consider approval of renewing the Retainer Agreement for Professional Services with the John P. Zelbst Law Firm, to provide professional and legal services to the City of Lawton in the case styled Hedy Jackson v. City of Lawton, Case No. CIV-06-813-T and authorize the Mayor and City Clerk to execute the Agreement. Exhibits: Proposed Renewal Agreement.

6.    Consider adopting a Resolution in Support for the development of a Public Entity-Federally Qualified Health Center (FQHC) in the City of Lawton, supported and promoted by Comanche County Memorial Hospital’ s Board and Administration. Exhibits:   Resolution in Support 06-198, Letter from Pat Henry & Randy Segler, Comanche County, Memorial Hospital Authority, dated 11-13-06 and Oklahoma Community Health Center Information.

7.    Consider accepting the proposed changes to the Lawton Arts & Humanities Council By-laws.  Exhibits: The Lawton Arts & Humanities Council By-laws are on file in the City Clerk’ s Office.

8.    Consider approving the construction plat for The Highlands subject to conditions. Exhibits:  Plat Map.

9.    Consider approving Contract Amendment #1 with MGR, Inc. for additional engineering services for the West Gore Blvd. (67 ^th Street to 82^nd Street) Project #2000-27.  Exhibits: Amendment #1 to contract agreement and Letter dated October 27, 2006 from MGR, Inc.

10.    Consider awarding a construction contract to H.G. Jenkins Construction, Inc. for the Elmer Thomas Park Stage Construction Project #2006-13.  Exhibits: None.

 

11.       Consider entering into a lease agreement with Pitney Bowes for a folder/inserter machine

             that will accommodate the new Utility bills.  Exhibits: Lease agreement is on file in City

             Clerk’ s Office.

12.    Consider extending the contract (CL06-009) Rental Equipment with C L Boyd, Company, Inc. of Oklahoma City, OK; Item 1) Hydraulic Track Hoe; Item 3) Bulldozer; Motor Grader Item 1) 140 Horsepower; Motor Grader Item 2) 155 Horsepower.   Exhibits:

Department Recommendation, Contract Extension Forms.

13.    Consider awarding (CL07-012) Pest Control Services to Advanced Pest & Termite Services of Fletcher, OK.  Exhibits: Department recommendation, abstract of bids.

14.       Consider awarding (RFPCL07-010) Hardware/Software Support Agreement to Atlantic

             Tech Services of Richfield, OH.  Exhibits: Department recommendation, abstract of bids.

15.    Consider approving appointments to boards and commissions.  Exhibits: None      

16.    Consider approval of payroll for the periods of November 6 - 19, 2006.

BUSINESS ITEMS:

Mayor Purcell requested that items #18 and #19 be considered next because of interested parties in the audience.

18.    Discuss and consider entering into a Fifty (50) Year Lease Purchase Agreement between the Board of Education, Independent School District No. 8, Comanche County, Oklahoma, and the City of Lawton for the purpose of securing the use of the original Lawton High School building located on C Avenue between 8 ^th Street and 9^th Street.  Exhibits: Fifty (50) Year Lease Purchase Agreement.

Mitchell stated that items #18 and #19 go hand in hand.  One is the financing and one is the lease.  A revised lease agreement was distributed to the City Council.   Corrections to some typographical errors were made late that afternoon.  He stated the purpose of this lease agreement would be to transfer the old Lawton High property to the City of Lawton at the conclusion of Phase I.  Item #19 talks about base bid and Phase I of the project to renovate the high school.  The citizens of Lawton approved $3 million for the project in the 2005 CIP program.  McMahon Foundation granted $3 million dollars to Lawton Public Schools.  We received $600,000.00 from the State Centennial Commission.  Lawton Public School have spent approximately $1.5 million to date on the renovation project.

Chuck Wade, attorney for Lawton Public Schools, stated prior to this point the school district has put on a new roof, tack pointed all of the brick and demolished the yellow buildings, the cafeteria and the gymnasium on the NE corner at a cost of $1.5 million.  The school board and administration feel that this lease is in the best interest of all parties. Under the 50 year lease purchase agreement the school district is asking to have the right to use the auditorium for school board meetings and the use of the conference center.

Givens questioned the scheduling of the facilities.  He wants to make sure that the scheduling is clear and that the scheduler would get annual dates from the school board and the City Council so that no one would get bumped.

Mr. Wade stated it will be a clear scheduling issue so that other entities will be able to use the facility.  The City Council and the school board will have the priority as to their regular and special meetings.

19.    Consider approving a supplemental appropriation of $400,000 for the purposes of providing the required matching funds to the Lawton Public Schools for Phase I of the Historic Lawton High Renovation (Project # 601E22).    Exhibits:    

Mitchell stated Lawton Public Schools opened bid proposals for Phase I base bid on November 2 and approved that base bid on November 13 ^th at their meeting.  Contingent upon the City of Lawton and the McMahon Foundation providing some additional revenue to fund the base bid for this project.  The McMahon board met the following day and agreed to provide an additional $600,000 contingent upon the city providing the last 10% of the project, or about $400,000.  Staff is recommending that the City Council designate $400,000 out of the 2005 CIP program, in which $3 million was set aside for this renovation project.  That money will be repaid to the CIP once the project is completed at the Museum at the Great Plains.  He stated they are actually just borrowing money from ourselves and repaying that money at the conclusion of another project.  The Reserve Fund #15 is the amount of money that the City Council earmarked to match grants and use as cash flow.  

Mayor Purcell stated they owe a great deal of gratitude to the McMahon Foundation.  Once again they have stepped forward with an additional $600,000.

Warren stated he would like to see each City Councilor call the legislators at the state level and ask them for some funding because this project is not finished by any means and they need more funding.

Mayor Purcell stated all of the local legislators are supportive of this, and they are trying to get a supplemental off the 2007 budget to increase the $600,000 we received from the centennial fund.

Mr. Wade stated this agreement was approved at the last school board meeting, but because of the last minute revisions and changes it will need to go back to the school board on December 12 ^th.

Mr. Mitchell questioned when they planned to issue the notice to proceed.

Mr. Wade stated he is assuming it will be on the 12 ^th.

17.    Hold a public hearing and consider a resolution amending the 2025 Land Use Plan from Professional Office and Residential/Low Density to Commercial and an ordinance changing the zoning from R-1 (Single-Family Dwelling District) to C-1 (Local Commercial District) zoning classification on property located at 3402, 3408, 3428 NW Cache Road and 3401 –  3435 NW Oak Avenue.  Exhibits: Resolution 06-___, Ordinance 06-___, Location Map and CPC Minutes.  

Richard Rogalski, Planning Director, stated this request is for Lots 1, 2, and 5 - 10, Block 7, Greer Addition, Plat No. 2.  The City Council approved rezoning Lots 3 and 4 to C-1 on July 11, 2006, and directed Staff to process an administrative rezoning for the remainder of Block 7.

The zoning of the surrounding area is R-1 to the north and south, C-5 (General Commercial District) and R-4 (High Density Apartment District) to the east, and C-5 to the west across NW 38 ^th Street.  The land use of the surrounding area is single-family residential to the north and south, commercial (convenience store) and apartments to the east, and commercial (IHOP and Kmart) to the west.  The current land use of these lots is single-family residential.

On October 26, 2006 the City Planning Commission held a public hearing on this request. During the public hearing three persons spoke in favor of the request, and two persons did not object but had concerns.  The CPC, by a vote of 5 to 1, recommended approval of the request to the City Council.

Drewry questioned if the new zoning classification staff was working on would be ideal for this particular area.

Rogalski stated this would be an area that they would have looked at as being transitional. If they look back at the land use plan the whole north section is PO.  When PO was created it was intended as a buffer between residential and commercial, but it really didn’ t work out.  The uses weren’ t open enough for it to be profitable.  The point of the transitional zone (TR) is to provide additional uses with also providing additional protection.

Shoemate questioned if C-1 would allow bars to go in.

Rogalski stated no bars, an eating establish could go in and sell alcohol.  A traditional bar would need C-5 zoning.  The C-1 zoning is actually called “neighborhood commercial”.

Givens questioned if, under the current zoning regulations, is there any way to enforce how the north side of Oak would be developed.

Rogalski state no, other than traffic concerns.

Givens stated under the new transition zoning, it will be subject to a site plan approval.

Rogalski stated under the transitional, the zoning doesn’ t exist until a developer presents a site plan that shows what the developer wants to do on that property.  

PUBLIC HEARING OPENED.

Harold Vincent, 3402 Cache Road, stated the map that is being displayed is wrong.  He stated there are actually nine lots on the north side of Oak.  On the south side of Oak there are about ten lots.   He stated there are about 20 property owners who haven’ t sold.  He and his wife are 81 and they don’ t plan on selling, but they don’ t want to pay taxes as a business property when they are residential.  He stated he heard Mr. Shoemate say last month that since this property is being zoned business, they ought to charge taxes as a zoned business.  He agreed that the property is worth more money, but not until it has a business on it.

Shoemate stated he did not make that statement.

Haywood questioned if they do have to pay taxes as a commercial property.

Drewry stated she found out that they do and she disagrees with that.

Warren stated it is up to the Comanche County Assessor whether they charge a different rate or not.  If they do, they can take it up with the assessor as far as having it adjusted.  He stated it then goes to the Board of Equalization.

PUBLIC HEARING CLOSED.

Givens stated he does not see how we can just inch into this mess.  If they do this, then what are the people on the south side of Oak going to do?  Where do you stop this mess?  In order to do this, a developer needs to go in there, get the property and then the Council designates that area transitional zoning and then we can require that the north side of Oak become a massive green zone that blocks the commercial property from the rest of that residential neighborhood.  

Patton stated for someone to come in and have a site plan for that whole development would be a substantial amount of money.  Businesses want to be off of Cache Road and he thinks everyone would agree that at least the first block off of Cache Road will eventually be businesses at some point.  When they looked at rezoning that first block south of Cache Road, the residents did not want to back up to commercial property, so they wanted the whole thing to go commercial.  That is why this whole section is here for rezoning.

Givens questioned what will happen to those residents on the south side of Oak?

Drewry stated staff is working on a transitional zoning that would be more effective where it backs up to residential.  She feels that they are not ready to do this and they need to wait until that transitional zoning is in place and take another look at this.

Mayor Purcell questioned if there was not already a requirement regarding commercial property next to residential property.

Givens stated 6 foot of opaque screening is the current requirement.

Mayor Purcell stated that does not solve the problem.

Warren stated the block off of Cache Road is too valuable to be zoned office.  The transitional zoning, in his opinion, should be the south side of Oak and the north side of Kinyon.  

Givens questioned what those residents are going to do.

Warren stated he knows the screening is not going to be enough, but it is not going to be a thirty foot berm.

Givens stated it this was transitional zoning, we could make requirements on a developer and protect the other people in that residential area.  He does not understand why the residents on the south side of Oak are not down here.  

Patton questioned where this transition zoning should be most applicable.

Givens stated the north side of Oak.

20.    Consider approving a recommendation to officially dedicate SW Garfield Avenue from 11 ^th Street to Sheridan Road in the name of Dr. Charles W. Whitlow by placing additional signs directly below each sign in this area to reflect the dedication to “Dr. Charles W. Whitlow”.  Exhibits:  Letter from Union Baptist Church and Biography of Charles W. Whitlow.  

Haywood stated he brought the Holy Bible with him tonight in case he needed it.  The first thing he does in the morning is pray for his family, elected officials, City of Lawton and Lawton Public School employees.  He stated he has talked with some individuals and he would like to make the following motion:

Mayor Purcell clarified that this is different from what is recommended.

Jackson stated he thinks that the Parks and Recreation Commission should be asked to formulate a policy regarding naming of streets.  He thinks we are getting into a severe problem of mismatching streets for people and he has a real concern.  He may live on that street and not want his address changed.  He has heard from one resident in that area who does want her street name changed.  He personally likes the idea of naming the street “in memory of”, but it concerns him to actually change the name of the street and the address of a citizen that lives in that area.  

Mitchell stated it is a real important issue to develop a policy so that we don’ t get into a position of changing the name of a street for one or two blocks and then moving back to another street name and having a lot of confusion.  He stated whether they approve this request or not, he thinks in the future they need to look at developing such a policy.

Givens stated this is not one or two blocks, it is from 11 ^th Street to Sheridan Road.

Haywood stated it is one mile.

Givens stated if they can figure out the streets in Mission Village and some of the new additions, he does not know why this would present a problem.

Jackson stated there are people that live on that street that don’ t want it changed.

Shoemate stated Dr. Whitlow has done a lot for this community and it would be a good thing.

Warren stated he does not have a problem doing this today, but in the future he would like to see them do street dedications with a historical marker.  This would be a lot easier and would solve those problems.  The dedication actually brings more attention than just changing the name of the street.

VOTE ON THE MOTION:  AYE: Haywood, Warren, Shoemate, Givens, Drewry, Jackson, Patton.  NAY: None. MOTION CARRIED.

21.    Consider approving and authorizing a utility account adjustment to the KCA Land Use Committee due to an undetectable, underground leak on their water line for the Fort Sill Indian School Campus in the amount of $2,069.52.  Exhibits: Letter dated 10/19/06 from KCA requesting account adjustment for leak, Notarized statement dated 10/17/06 from KCA Maintenance Supervisor verifying leak was repaired, Documentation evidencing repair expenses, Copy of September 29 ^th bill and check for payment of bill and City Code Section 22-1-215.

Rick Endicott, Finance Director, stated at the last meeting the City Council passed an ordinance that only residential property owners would be able to apply for this kind of adjustment.  This particular claim was in the works when the ordinance was passed, so that is why it is on the agenda.  The claimant used 674,000 gallons for that particular month, and they came in and showed staff proof that the leak was fixed.  The average use is around 97,000 gallons.  He stated staff is recommending the adjustment in the amount of $2,069.52.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER

Jackson stated he is concerned about the crime spree happening in Lawton.  He suggested that the Police Chief come to the next council meeting with an overall plan he may have to address this problem.  If he needs more officers on the street let’ s get it done.  He stated people are scared and they need to get something done.

Haywood stated if they could come up with some after school programs they could get some of these kids off the streets.  If they could encourage those students to stay after school and work with the teachers, it does change their attitude.  They are doing the best they can.

Warren stated that we have got problems with gangs and not talking about it is not going to get us there.  The police are just trying to keep their head above water.  They need more officers and more overtime hours.  He wished that each councilmember would ride along with a police officer on a Saturday night just to see what happens out there.  He stated the gang task force puts on a program and he would like to have a special meeting and see this program to give everyone a little glimpse at what is going on.

Chief Smith stated they have increased the gang task force to six officers.  They have a “no tolerance” policy with gang members.   He stated they even have crime stopper officers working on cases, that is how stretched they are.  He stated some of his guys have worked 128 hours overtime in a four week period.  

Haywood questioned how many gangs there were.

Chief Smith stated at last count there were 111 different affiliations.  He stated they have a good presentation if they would like to see what the gangs are all about and what they are doing.

Mayor Purcell stated we can call a special meeting if the majority of the council would be interested in seeing this presentation.

Everyone agreed.

Chief Smith stated the presentation will take about 2 hours.  

Everyone agreed to schedule the meeting after the first of the year.

Patton stated they should do it as a workshop and invite the media.

Warren stated there used to be a gang task force, that eventually went away.  He stated this is not just a law enforcement issue, this is a community, church, school and neighborhood issue.  He feels this should be a city wide meeting and get as many people here as they can.  

Mayor Purcell stated that may be two issues.  They need a special council meeting so they know what is going on and then there needs to be a forum for the public.

Shoemate announced that McArthur High School will be in the state finals on Saturday at 1:30 p.m.

Mayor Purcell stated he has talked with the City Manager about setting up a meeting with the police chief, with one of the District judges, the Municipal Court Judge and the District Attorney to talk about the arresting procedures with the gang members.   He stated they also need some legislation to help with this.  

Mayor Purcell stated he sent a letter to the Governor asking for a meeting along with our legislative delegation to talk about funding needs with the BRAC issue.   

Haywood stated he would like to thank Assistant City Attorney Scott Meadors for the job he is doing in District Court with dilapidations in Ward 7.

Mitchell reminded the City Council of the state water conference scheduled for Thursday, November 30 ^th in Oklahoma City and a breakfast on Friday morning with J.R.Reskovec, our lobbyist on the federal level.  He thanked the City Attorney’ s office for their hard work on the lease with Lawton Public Schools.

The Mayor and Council convened in executive session at 7:12 p.m. and reconvened in regular, open session at 7:52 p.m.  Roll call reflected all members present.

BUSINESS ITEMS:  EXECUTIVE SESSION ITEMS

22.    Pursuant to Sections 307B.3, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the purchase of property located in the vicinity of  SW 45 ^th Street and Bishop Road which is necessary for the Water Infrastructure Improvement Phase 2 (Tower) Project #2006-9 and, if necessary, take appropriate action in open session.  Exhibits: None.

Vincent read the title of item 22.  He stated the City Council was presented with several alternatives. No action is required.

 

23.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the pending litigation of 1202 Gore Boulevard, and if necessary, take appropriate action in open session.  Exhibits: None.

Vincent read the title of item 23.  

24.    Pursuant to Section 307B.3, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the purchase of real property at 1210 SW G Avenue, and if necessary, take appropriate action in open session.  Exhibits: None.

Vincent read the title of item 24.  

25.    Pursuant to Section 307B.3, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the purchase of real property at 1706 SW B Avenue, and if necessary, take appropriate action in open session.  Exhibits: None.

Vincent read the title of item 25.  

There being no further business to consider, the meeting adjourned at 7:56 p.m. upon motion, second and roll call vote.

                            JOHN P. PURCELL, JR., MAYOR

ATTEST:

TRACI HUSHBECK, CITY CLERK