MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

SEPTEMBER 8, 2009 –  6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor John P. Purcell, Jr.                Also Present:

Presiding                        Bryan Long, Assistant City Manager

                            Frank Jensen, City Attorney

                            Traci Hushbeck, City Clerk

COL Ray Lacey, Fort Sill Liaison

                                                                                     

Mayor Purcell called the meeting to order at 6:00 p.m. Notice of meeting and agenda were posted on the City Hall notice board as required by law.   Invocation was given by Councilmember Bill Shoemate, followed by the Pledge of Allegiance.

ROLL CALL

PRESENT:                Bill Shoemate, Ward One  

James Hanna, Ward Two

Janice Drewry, Ward Three

Jay Burk, Ward Four

Robert Shanklin, Ward Five

Richard Zarle, Ward Six                    

Stanley Haywood, Ward Seven    

                    Doug Wells, Ward Eight

ABSENT:                    None

PRESENTATION OF SEPTEMBER 2009 CITIZEN OF MONTH TO TEOLAR RUSSELL.

Wyonna Alberty, Mayor’ s Commission on that Status of Women announced that Teolar Russell has been named Citizen of the Month for September 2009.  

Mayor Purcell read a Certificate of Congratulations from the State of Oklahoma and a Certificate of Commendation from the Mayor’ s Office.  

AUDIENCE PARTICIPATION:

June Harris, 304 NW 35 ^th Street, stated she was notified that 35^th Street was going to be redone and they were going to have sidewalks.  She attended a meeting last week regarding this project.  She spoke with the city engineer and was told that the City had approved this project.  She stated that all of the residents on the west side of 35^th do not want sidewalks.  She does not want any damage done to the trees in her front yard.  She sees no sense in putting sidewalks down over a water main.

Robert (last name not given), stated if sidewalks were installed on the east side where there are twenty driveway, the City could save on the installation of at least 300 feet of sidewalk.  It makes more sense to place these on the east side.  He stated the homeowner also has the responsibility of keeping the sidewalk clean of debris and ice.  He requested that the City readdress this issue.

Zarle questioned if there were any other utilities on the west side of the street.

Connie Belcher, 342 NW 35 ^th Street, stated the pressure monitoring station for ARKLA Gas is just behind the first house on the corner of Ferris and 35^th Street.  She stated there are cut offs for the water and also five intersections on the west side.  She stated the residents on the east side have said they would like to have the walkways.   She stated the sewer lines are also on the west side.  They are all in favor of a new street, but she does not understand why you would put down a sidewalk that will have to be dug back up every time there is a break.

Mayor Purcell clarified that the two homeowners do not want sidewalks, but they want them on the east side of 35 ^th Street.

Ms. Belcher stated at the meeting the other night, families from the east side said they had no objections to putting the sidewalk on their side.   She stated she would prefer no sidewalks.

Ms. Harris stated she does not care if there are any sidewalks, but if they are put in, the residents on the east side would like to have them.

Shanklin questioned who was funding the project.

Drewry stated this was funding from the CIP and each ward had a list of streets that were to be resurfaced or reconstructed.  She stated this is a collector street and that is why staff came back with the sidewalk requirement.

Shanklin stated he does not understand how sidewalks can be mandatory.

Drewry stated a long time ago the City Council decided that with the construction of new streets and new developments, sidewalks would be required.

Wells questioned if this was a new policy.

Drewry stated she thought it was for collector streets.  She stated on Flower Mound Road the street was completely rebuilt and that is what they are going to do on 35 ^th Street.

Mayor Purcell stated the City Manager would look into this issue.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR MEETING OF AUGUST 11, 2009.

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.

Shanklin requested item #5 and Wells requested #6 be considered separately.

1.    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: Cassandra Houston in the amount of $5,000.00.  Exhibits: Legal Opinion/Recommendation and Resolution No.09-89.                   

        

2.    Consider the following damage claim recommended for denial:  Ronnie Hines in the amount of $216.09.  Exhibits: Legal Opinion/Recommendation.              

3.    Consider approving the deposit of a reimbursement check from LexisNexis, in the amount of Five Hundred Seventy and 05/100 Dollars ($570.05) into City Attorney’ s 264 –  Dues and Memberships Account.  Exhibits: LexisNexis reimbursement check on file in the City Clerk’ s Office.                                   

4.    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 Douglas Stamper in the Workers' Compensation Court, Case No. 2008-04912R.  Exhibits: Resolution No. 2009-90.                   

5.    Consider approving an Agreement between the Lawton Enhancement Trust Authority, and the City of Lawton to fund activities by the Authority designed to encourage, promote and foster economic development in the City of Lawton, and authorize the Mayor and City Clerk to execute the Agreement.  Exhibits: Proposed Agreement.

Shanklin questioned if this was the group headed by the doctor.

Burk stated the City Council agreed to this during discussions regarding hotel/motel tax funding.   Dr. Bellino heads up Lawton Beautiful, Inc. and is also a member of LETA.

                                                        

6.    Consider waiving City of Lawton liens assessed upon specific properties, currently owned by Comanche County, at the request of the County Treasurer, and take appropriate action as deemed necessary. Exhibits: Total Calculation of Liens/City & County owned.

Wells questioned if the county was waiving their assessments.

Long stated it is his understanding that the county does intend to waive their interest in the properties.

Wells stated he has spoken with the City Attorney and was told that the City Council has only done this for an individual piece of property or reduced our position on something, but we have never just arbitrarily given up liens.  He does not understand why they are willing to give up $46,000.  It may sit on the books a length of time but eventually it will be collected when the property is sold.  He would like to see this rejected.

Jensen stated he does not remember the City Council waiving a lump sum or waiver of liens.  It has been done on a case by case basis.  

Shanklin suggested they postpone this issue until the next meeting.

Wells stated a few meetings ago people came to the council meeting who had to pay their lien assessments.  They have not done this for years and now why would they do this for a bunch of properties.  He stated he would like to have an answer regarding if Comanche County also waive  their assessments and also if the City Council has waived liens on a group of properties in the past.

7.    Consider approving contracts for ‘ Children’ s Art Studio’ , Fall 2009 semester for Steven Scott Smith ($ 684), Lawrence Johns ($ 630), Kenneth Hobbs ($ 324), and Sandra Dunn ($ 333) instructors for the program.  Total amount for fall semester stipends is $ 1,971.00.  Exhibits: Contracts on file in City Clerk’ s office.                                                      

8.    Consider approving and authorizing the Mayor to sign the agreement with AT&T. Exhibits: Agreement letter from AT&T Oklahoma.                            

9.    Consider adopting Street Light Resolution No. 463 to authorize the installation/removal of street lights at the location listed in the Resolution. Exhibits: Street Light Resolution No. 463.                                     

10.    Consider accepting the E-911 Dispatch & Operation Center Antenna Tower Project #2009-6 as constructed by B-C Walker, Inc. and placing the Maintenance Bond into effect.  Exhibits: None.                                          

11.    Consider approving the Facilities Access Agreement between Ergon Asphalt & Emulsions, Inc., and the City of Lawton, and authorizing the Mayor and City Clerk to execute the agreement.  Exhibits: Proposed Facilities Access Agreement on file with the City Clerk.                                                 

12.    Consider approving the construction plans for a 12-inch waterline to serve the Lawton Country Club located at 4601 W Gore Boulevard.  Exhibits: Location Map.           

13.    Consider awarding (CL10-002) Sodium Hypochlorite to Petra Chemical Company of Dallas, TX.  Exhibits: Department recommendation, abstract of bids.                           

14.    Consider awarding (CL10-003) Sodium Hydroxide to Brenntag Southwest, Inc., of Sand Springs, OK.  Exhibits: department recommendation, abstract of bids.                         

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

Dan Mullins

716 NW 46 ^th Street

Lawton Oklahoma 73505

07/31/12

16.    Consider approval of payroll for the period of August 24 –  September 6, 2009.

NEW BUSINESS ITEMS:

17.    Hold a public hearing and consider a resolution amending the 2030 Land Use Plan from Public to Commercial and an ordinance changing the zoning from Temporary A-1 (General Agricultural District) to C-1 (Local Commercial District) zoning classification located approximately at 8900 NW Cache Road. Exhibits:   Resolution No. 09-____, Ordinance No. 09-____ with Site Plan, Location Map and Draft CPC Minutes.      

Richard Rogalski, Planning Director, stated this request is for 4.58 acres located on the west side of Sunset Memorial Gardens.  The purpose of the request is for a funeral home. The applicant is Bigillu Enterprises, Inc.  The zoning of the surrounding property is A-1 to the north, Temporary A-1 to the south and west, and Temporary A-1 and R-4 (High Density Apartment District) to the east.  The land use of the surrounding area is agriculture to the north, south, and west and Sunset Memorial Gardens and St. James Place Apartments to the east.  

The 2030 Land Use Plan designated this area as Public for the Sunset Memorial Gardens cemetery.  The addition of a funeral home would require C-1 zoning as the most restrictive zoning which allows that use.  If it is the desire of Council to rezone the property to C-1, the 2030 Land Use Plan must be amended to designate the requested area as Commercial.

The City Planning Commission held a public hearing on this request on August 13, 2009. During the public hearing one person spoke in favor of the request, and no one spoke against the request.  The Commission, by a vote of 9 –  0, recommended approval of the amendment to the 2030 Land Use Plan and rezoning.   A funeral home is compatible with the existing cemetery, and the most restrictive zoning district in which a funeral home is allowed is C-1.

The requested area is less than 5 acres in size; therefore, if this request is approved, the site plan submitted with this application will be part of the ordinance and the development must be in accordance with the site plan.

Notice of public hearing was mailed on August 18, 2009, to five property owners within 300 feet of the requested area, and proper notice was published in The Lawton Constitution on August 23, 2009.

Zarle questioned if the applicants owned the property up to Goodyear Boulevard.

Rogalski stated yes they do.

PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.

          

(Title read by City Attorney)                    Ordinance 09-30

An ordinance changing the zoning classification from the existing classification of Temporary A-1 (General Agricultural District) to C-1 (Local Commercial District) zoning classification on the tract of land which is hereinafter more particularly described in section one (1) hereof; approving the site plan attached as Exhibit A; and authorizing changes to be made upon the official zoning map in accordance with this ordinance.

18.    Hold a public hearing and consider a resolution amending the 2030 Land Use Plan from Residential/Low Density to Residential/High Density and an ordinance changing the zoning from R-1 (Single-Family Dwelling District) to R-3 (Multiple-Family Dwelling District) zoning classification located at 1409 and 1411 NW 22 ^nd Street.  Exhibits: Resolution No. 09-___, Ordinance No. 09-___ with Site Plan, Location Map and

            Draft CPC Minutes.                                                  

Rogalski stated this request is for Lots 27 and 28, Block 1, Stephens Addition, less the east 80 feet.  The applicant is J. P. Richard.  The proposed use of the requested area is a parking lot associated with a commercial use, which can be allowed as a Use Permitted on Review in the R-3 district.  The east 80 feet of these lots is zoned R-3, designated as Residential/High Density in the 2030 Land Use Plan, and used as a parking lot associated with a commercial use under a separate Use Permitted on Review.

The zoning of the surrounding area is R-1 to the north and west, C-5 (General Commercial District) to the south, and R-3 and C-1 (Local Commercial District) to the east.  The land use of the surrounding area is single-family residential to the north and west; commercial (restaurant, barbershop) and office to the south; and commercial (Little Caesars) and parking lot to the east.  The current use of the requested area is vacant.  The applicant removed the houses that had been located on these lots.  The 2030 Land Use Plan currently designates the requested area as Residential/Low Density.  If it is the desire of the Council to rezone the property to R-3, the 2030 Land Use Plan must be amended to Residential/High Density.

On August 13, 2009, the City Planning Commission held a public hearing on this request. During the public hearing two persons spoke in favor of the request, and no one spoke against the request.  The Commission, by a vote of 9– 0, recommended approval of amending the 2030 Land Use Plan and rezoning.  The Commission also approved a Use Permitted on Review for the

parking lot subject to construction of an opaque screening fence along the west 112.6 feet of the north property line of Lot 27 and subject to Council approval of the rezoning request.  Rezoning the property to R-3 with a Use Permitted on Review is the most restrictive method to allow the parking lot which will serve the businesses located immediately south along Cache Road.  The east 80 feet of these lots is already zoned R-3 with a Use Permitted on Review for the existing parking lot which serves the commercial businesses along Sheridan Road.  

Notice of public hearing was mailed on August 18, 2009, to 23 property owners within 300 feet of the requested area, and proper notice was published in The Lawton Constitution on August 23, 2009.  

The requested area is adjacent to single-family residential; therefore, the site plan submitted with this application will be part of the ordinance and the development must be in accordance with the site plan.

PUBLIC HEARING OPENED.  

J. P. Richard, property owner, stated he bought the property at 2107 NW Cache Road and while they were remodeling he decided to go ahead and buy the two lots on the north end of that property for the specific purpose of turning them into a parking lot.  He stated he tore the homes down a year and a half ago.  The new tenant will be ready in about 30 days.  He stated he will try and retain some green areas and create some lighting on the north side of the building.

PUBLIC HEARING CLOSED.  

(Title read by City Attorney)                    Ordinance 09-31

An ordinance changing the zoning classification from the existing classification of R-1 (Single-Family Dwelling District) to R-3 (Multiple-Family Dwelling District) zoning classification on the tract of land which is hereinafter more particularly described in section one (1) hereof; approving the site plan attached as Exhibit A; and authorizing changes to be made upon the official zoning map in accordance with this ordinance.

ADDENDUM:

1.    Consider approving the submittal of an application to the Oklahoma Association of Chiefs of Police for a grant to fund the purchase of a Federal Signal Automated License Plate Recognition system (A.L.P.R.).  Exhibits: None.

Deputy Chief James Apple, Lawton Police Department, stated they were contacted by the Oklahoma Chief’ s Association last Thursday and they are receiving a federal grant for an automated license plate recognition system and Lawton is one of the selected agencies in the state to participate in this program.  He stated this is a camera system which is mounted on the police units that will automatically read the license plate as the car travels down the roadway.  It is tied into a database which will automatically notify the officer if the vehicle is associated with an amber alert, felony, etc.   This system will read up to 160 mph.  The other agencies selected are Claremore Police, Woodward Police, Broken Arrow Police, Midwest City Police and Stillwater Police.  This also includes Comanche Nation, Chickasaw Nation and Choctaw Nation tribal agencies.  He stated there will be no cost to the City of Lawton including the training to run the system.

Hanna questioned how many units we would be receiving.

Apple stated we would receive three systems.  He stated these systems would cost thousands of dollars and there is no way we could afford it.

Wells questioned how the transmission would be made and if they would need to contract with a carrier.

Apple stated this will be tied in to the Oklahoma Association of Chiefs system and they will cover everything.

2.    Consider a change to the FFY 2008 Consolidated One-Year Actions Plan, Change 4.  Consider approving City Council Resolution 09-___, and authorize the Mayor and City Clerk to execute the implementing documents.  Exhibits: FFY 2008, Change 4 is available for review in the City Clerk’ s Office.  

Tim Libby, Grants and Fiscal Officer for Housing and Community Development, stated this is their fourth attempt at funding for stimulus money.  He stated the third project, which was originally part of this agenda item, was disapproved this morning by HUD. This fourth project, a vet clinic, was approved for recommendation by HUD.    He stated this vet clinic was approved for funding a year ago by the small business administration and then the applicant ran into some personal issues that had to be fixed before they could move forward.  Those issues have been resolved and the bank has recommended approval to the small business administration.   This funding will make low to moderate income jobs available for the community.  He stated HUD has given staff verbal approval for this project.

Mayor Purcell clarified that the City Council will need to approve the change to the Consolidated One-Year Actions Plan.

Libby stated the City Council has approved the job creation project and now staff is requesting a difference project receive the money.

Shanklin questioned who is going to be the recipient of the $73,000.  

Libby stated they have not been given the name because the bank has asked that the name not be released because the veterinarian has not left his current employment.

Haywood stated this should be public information.

Long stated when the bank releases the name to city staff the City Council will be notified.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER

Wells questioned if the CDBG program has gotten more money this year as compared to previous years.

Libby stated they have received a little more than last year, but it is significantly down from what they have received from 2001 to 2005.  

Wells stated he would like to congratulate the Comanche Nation Museum for the award they are receiving from the Oklahoma Museum Association.  It will be presented on September 25 ^th .  He stated there are vacancies on various boards and committees and he encouraged citizens to either call the Mayor or their City Councilmember to volunteer.

Shanklin stated he has a copy of a letter from the Oklahoma Water Resources Board (OWRB) that states the Lawton Water Authority is eligible for a loan in the amount of $18.4 million.  He questioned where the money will be used.

Mayor Purcell stated believes that money will be used for one of the sewer rehab projects. He stated we borrow from the OWRB to save money on interest.

Shanklin questioned if manufactured housing can be moved in on a lot unless it is a gated community.  He stated an individual was told he could not replace a trailer with a manufactured home.

Jensen stated he would have to look into the issue.

COL Lacey stated there will be a retirement ceremony on September 18 ^th.  He stated this will end the Retiree Open House Week which is an annual event where they open the installation up for three days and bring in retirees and update them on programs as well as a banquet.  

Chief Ronnie Smith, Lawton Police Department, announced that the Cops and Kids picnic will be Saturday from 11:00 a.m. to 2:00 p.m. in Elmer Thomas Park.  He stated former Chief Albert Hennessey passed away yesterday.  

Mayor Purcell reminded the City Council that next meeting has been moved to Monday, September 21 ^st.   He introduced some officials from Stripes regarding the executive session item.  They were Steve Desutter President & CEO, Chip Bonner Executive VP & General Counsel, Richard Sebastion Sr. VP Operations, Tom Hudson Market Manager for this region and local attorney John Munkacsy.

The Mayor and Council convened in executive session at 7:00 p.m. and reconvened in regular, open session at 7:47 p.m.  Roll call reflected all members present.

BUSINESS ITEMS:  EXECUTIVE SESSION ITEMS

19.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss a settlement offer in the administrative actions pending in Municipal Court to suspend or revoke the retail beer licenses of the Stripes Convenience Stores identified as follows:  In re: Stripes 2370, Jacob Weathers Case No. C2009-0035 et al.; In re:  Stripes 2350, Carla Arrowood Case No. C2008-28540 et al.; In re:  Stripes 2358, Joshua McPhail Case No. C2009-00791 et al.; In re:  Stripes 2374, Reginald Norman Barnes C2009-05053 et al.; and if necessary, take appropriate action in open session.  Exhibits: None.                                

Jensen read the title of item 19.  He stated the recommendation from the City Attorney’ s office is to reject the settlement offer made by Stripes and authorize further negotiations or a motion to reject the offer outright with no further negotiations.

John Munkacsy, 711 C Avenue, stated he is the attorney for Stripes, LLC.  He stated that they will implement the proposal right away.

Steve Desutter President & CEO of Stripes, stated they take extreme steps to prevent selling alcohol to minors and they do their best to train their employees and put systems in place to ensure that they adhere to all of the laws that allows them to operate in any community.    The proposal is one that they will move forward with regardless of the City Council’ s actions because it is in their interest as well as the community’ s.  Some of these actions are standard procedures they use in other states and some are going over and beyond requirements such as the carding of birthdates for every sale of alcohol which they will institute as soon as they can change the technology, they will increase the signage and will continue to participate in local programs and make their meetings available to local enforcement agencies.  He stated they believe they can reduce or eliminate these infractions.

Haywood questioned how many employees work at night.

Mr. Desutter stated they have single coverage in most stores at night.  They cannot afford to have more than one.  The option that is proposed is to pay at a higher rate than minimum wage and also provide reviews over a period of time to encourage the hiring of better help.

Shanklin questioned if they kept a record of those who have attempted to buy beer and the clerks have found that they are underage.

Mr. Desutter stated they do have a record once they are notified by the employee that an infraction has occurred.  One of the provisions they are asking for is that they establish an official method of notification.  In any other state they are notified by the state agency of an infraction.

Shanklin questioned how many people they think are buying beer that are underage.

Mr. Desutter stated they have no way of knowing.  In other states they are notified when a sting is actually conducted by a local agency.  They are notified if they pass or fail.

Wells questioned if there was a program to reward employees for stopping the selling of alcohol to minors.

Mr. Desutter stated they do not have a program to reward employees for doing what they ask them to do.

Burk questioned how Mr. Desutter felt about the “Too Much To Lose” program.  Do they feel this is entrapment?

Mr. Desutter stated what is important is that they follow the rules and they do not sell to minors.  Other states do conduct stings from time to time and they do consider that a normal course of business.  

Shoemate stated somewhere along the line they are going to have to stop making excuses. He has spent years coaching little league and he has had more kids killed in car wrecks because they were drinking.  If the convenience stores are guilty they need to pay the price, whatever it is.

Shanklin stated the parents put the kids out there with money in their pockets.

Shoemate stated there are a lot of kids with false ID’ s and parents don’ t realize it.  They need to draw the line.  If they are going to continue selling beer to minors, it means costing them their license.

Mayor Purcell questioned what Stripes does to those employees who get caught selling beer to minors.

Mr. Desutter stated if do diligence was not undertaken by the employee in many cases they terminate that employee.   

Cary Johnson, Jr., EZ Go, stated he is not here to speak to the Stripes issue, but he is here to encourage the City Council to revisit the issue of this ordinance.  He stated there are a lot of allies and they are very concerned about eliminating these underage sales.  He stated the retailers are responsible to train, motivate and check their employees.  Every once in a while that human being fails.  He feels there is a more effective way to reduce underage sales.  

Jensen stated Stripes is not getting preferential treatment.  If they want to talk, we will sit down and talk.  If anyone else wants to talk about their case, we will talk to them.

VOTE ON ORIGINAL MOTION:  AYE: Shoemate, Drewry, Shanklin, Haywood, Wells. NAY: Zarle. ABSTAIN: Hanna, Burk.  MOTION CARRIED.

There being no further business to consider, the meeting adjourned at 8:04 p.m. upon motion, second and roll call vote.

                            ____ /s/ John P. Purcell, Jr., _____________

JOHN P. PURCELL, JR., MAYOR

ATTEST:

____ /s/ Traci Hushbeck___________________

TRACI HUSHBECK, CITY CLERK