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Month 2009-9 September Meeting of 2009-9-8 Regular MeetingMINUTESLAWTON CITY COUNCIL REGULAR MEETINGSEPTEMBER 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 AttorneyTraci 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 byCouncilmember Bill Shoemate, followed by the Pledge of Allegiance.ROLL CALLPRESENT: Bill Shoemate, Ward OneJames Hanna, Ward TwoJanice Drewry, Ward ThreeJay Burk, Ward Four Robert Shanklin, Ward FiveRichard Zarle, Ward SixStanley Haywood, Ward SevenDoug Wells, Ward EightABSENT: NonePRESENTATION OF SEPTEMBER 2009 CITIZEN OF MONTH TO TEOLAR RUSSELL.Wyonna Alberty, Mayor’ s Commission on that Status of Women announced that Teolar Russellhas been named Citizen of the Month for September 2009.Mayor Purcell read a Certificate of Congratulations from the State of Oklahoma and a Certificateof 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 andthey 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 theresidents on the west side of 35
th
do not want sidewalks. She does not want any damage done to the treesin 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 aretwenty driveway, the City could save on the installation of at least 300 feet of sidewalk. It makesmore sense to place these on the east side. He stated the homeowner also has the responsibilityof 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 wouldlike to have the walkways. She stated the sewer lines are also on the west side. They are all in favor of anew 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 onthe east side of 35
th
Street.
Ms. Belcher stated at the meeting the other night, families from the east side said they had noobjections 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 residentson 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 beresurfaced 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 streetsand 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 thestreet 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.
MOVED by Hanna, SECOND by Wells, to approve the minutes of August 11, 2009. AYE: Hanna,Drewry, Burk, Shanklin, Zarle, Haywood, Wells, Shoemate. NAY: None. MOTION CARRIED.
CONSENT AGENDA: The following items are considered to be routine by the City Council andwill be enacted with one motion. Should discussion be desired on an item, that item will beremoved from the Consent Agenda prior to action and considered separately.Shanklin requested item #5 and Wells requested #6 be considered separately.
MOVED by Drewry, SECOND by Hanna, to approve the Consent Agenda with the exception of items #5and #6. AYE: Drewry, Burk, Shanklin, Zarle, Haywood, Wells, Shoemate, Hanna. NAY: None.MOTION CARRIED.
1. Consider the following damage claim recommended for approval and consider passageof 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: LegalOpinion/Recommendation and
Resolution No.09-89
.
2. Consider the following damage claim recommended for denial: Ronnie Hines in the amountof $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 andMemberships Account. Exhibits: LexisNexis reimbursement check on file in the City Clerk’ sOffice.4. Consider adopting a resolution ratifying the action of the City Attorney and the CityManager in directing our third party administrator to make payment on the judgment in theWorkers' 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, andthe 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 executethe 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.
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