MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

MARCH 11, 1997 - 6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

John T. Marley, Mayor,    Also Present:

Presiding        Gil Schumpert, City Manager

            Felix Cruz, City Attorney

            Brenda Smith, City Clerk

The meeting was called to order at 6:00 p.m. with Invocation by Rev. Ken Miller, First Baptist West Church, followed by the Pledge of Allegiance. Notice of meeting and agenda were posted on the City Hall bulletin board as required by State law.

ROLL CALL

PRESENT:    Jody Maples, Ward One

        John Purcell, Ward Four

        Robert Shanklin, Ward Five

        Charles Beller, Ward Six

        Carol Green, Ward Seven

        Randy Warren, Ward Eight

ABSENT:    Richard Williams, Ward Two

        Joe Dutcher, Ward Three

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR MEETING OF FEBRUARY 25, 1997.

Tony Virtu appeared to speak. Mayor Marley asked if this is about Mr. Virtu’s claim against the City. Virtu said no, these are questions that need to be asked and answered. Virtu said his past is an open record, and that he had done a lot of things that were wrong but had never done anything wrong in Lawton, and came here trying to be a good person.

Virtu said a question arose that no one could answer about Officer Jackie LaRoche, and it states in the court documents, which are available to anyone, that he saw proof of ownership. Mayor Marley said this relates to the claim. Virtu asked why he was trying to muzzle him and Mayor Marley said he was not, but that it was not appropriate for Council to discuss it with the claim pending. Virtu asked if he would have an opportunity to speak when Council discusses the claim. Mayor Marley said it would be discussed in executive session and it would be up to the will of the Council.  

Donna Offerdahl, resident of Pleasant Valley, asked other tenants of Pleasant Valley to raise their hands for identification. She read the following statement: "We are the residents of the Pleasant Valley elderly and disabled housing complex located between 11th and 13th on Jefferson, Monroe and Garfield; respectfully request your help with the problems that we have had, we are experiencing with the Lawton Police Department. When we have had to call on the police department for assistance, we’ve been treated rudely, we have been the victims of rude remarks, we have been made fun of and been told that we’re just crazy old ladies to our faces. Officers have refused to make out a report on incidents, we have been told it won’t do any good to file a report and they tell us we’re just wasting our time by doing so and they just laugh at us. Yes, we’re elderly but we’re not crazy. When we are threatened or scared we feel that we ought to be able to contact the police department for assistance and be taken seriously. We, as well as all citizens of Lawton, should be able to expect this. Unfortunately, this has not been the case. Our residents have been victims of robberies, burglars, assaults with deadly weapons and automobile theft. Just like you and everyone else would be, we are very frightened when these things happen. We are physically unable to protect ourselves to an extent. All that we ask is to be treated with respect, taken seriously and be provided with law enforcement support as needed. As you can seen by the crimes that we have been victimized, this is very serious and we would appreciate any help you can provide in solving these problems."

Offerdahl added that when the officers come, they refuse to take a report; residents must give police reports to the Housing Authority to have any damage repaired, otherwise, the residents have to pay for any damage, such as the broken windows she sustained. She said the officers say they will know it was vandalism, but it is not that way, and the residents must produce the police report for the Housing Authority.

Mayor Marley asked for a copy of the statement and said an answer would be provided through the Housing office or directly to the residents.

Tony Virtu said he wanted to congratulate in advance anyone who has been re-elected, and give condolences to anyone who may find themselves unemployed in a week or two.

1.    Hold a public hearing and adopt a resolution declaring the structures (main structure and storage building) at 1710 SW 13th Street to be dilapidated and detrimental to the health and safety of the community, and authorize the expenditure of CDBG Contingency Funds, if necessary, to demolish these structures. EXHIBITS: RESOLUTION NO. 97-31.

Dan Tucker, Building Development Director, presented a video of the property. Tucker said the single family structure is vacant and dilapidated; it had been boarded up but now stands open. Interior has sustained extensive vandalism and there have been attempts to start fires inside it. Personal belongings and furniture are in the structure and the structure is being used by persons in the neighborhood. Property owner is deceased; the daughter has expressed a desire to remove the structure but is financially unable to do so and has contacted Housing Assistance to see if she would qualify for help. Storage building has been damaged by fire and contains large amounts of debris.

Purcell asked when the owner was first notified of the problems. Tucker said November 1996. Purcell asked when the owner’s daughter came in and Tucker said March 3, 1997.

PUBLIC HEARING OPEN. No one appeared to speak. PUBLIC HEARING RECESSED.

PUBLIC HEARING CLOSED.

(Title only)        RESOLUTION NO. 97-31

A RESOLUTION DETERMINING CERTAIN STRUCTURES TO BE DILAPIDATED AND DETRIMENTAL TO THE HEALTH, BENEFIT, AND WELFARE OF THE COMMUNITY, AND ORDERING THE DESTRUCTION AND REMOVAL OF SAID DILAPIDATED STRUCTURES.

2.    Hold a public hearing and consider an ordinance amending Sections 18-580A and 18-581A, Chapter 18, Lawton City Code, 1995, revising uses permitted and uses permitted on review in a C-1 (Local Commercial District) zoning classification. EXHIBITS: ORDINANCE NO. 97- 10; LMAPC MINUTES OF FEBRUARY 12, 1997.

Bob Bigham, City Planner, said the Planning Commission on February 12, 1997, held a public hearing on this subject and recommended approval of these changes. He said the zoning designation of Professional Office was created some time ago to create a business type zone that would be restrictive in nature where business offices could be located more compatibly with residential neighborhoods. This ordinance follows through with that taking professional and business offices out of the Use Permitted on Review category and making it a permitted use in C-1. Bigham said we are also putting in C-1, without Use Permitted on Review, a restaurant, but not a drive-in; and deleting under the Use Permitted on Review section, the business and professional offices. He said no one spoke on this at the Planning Commission public hearing, and the Commission recommended approval of the ordinance.

Purcell asked if 18-581 would be recommended for change in this manner to address pet shops. Bigham said he had advertised for the March 25 Planning Commission meeting an amendment to 581 that would allow pet stores in a C-1 district.

Beller said if a pet store sells nothing but birds, there would be less of a problem. He said he had discussed this with Bigham and it did not need to be addressed tonight. Beller said on #13, it says interior design or art object shop, but that repair or refurbishing should not be permitted. He said that would mean they could not repair a frame. Beller suggested allowing repair or refurbishing within the confines of the building. Bigham said the intent was to have a retail store where it would not be a furniture repair, or that would not be the primary activity. Bigham asked if the suggestion was to change that at this time. Beller said it was his understanding from an earlier conversation that Council could not change it tonight. Schumpert said Council can change that tonight. Cruz said there are some things that can be changed, and some that cannot, and Council can modify that language tonight.

Shanklin asked if Uses Permitted on Review come before Council. Bigham said the final action on a Use Permitted on Review is at Planning Commission unless there is an appeal to the City Council. Shanklin asked if Council is notified when something like this appears before the LMAPC. Bigham said no. Shanklin said he thought that should be done.

Maples said #10 adds government offices and that she would be concerned about allowing a government office on the edge of a residential area; residents may not want something along the line of an AFDC or food stamp office opening in such areas. Maples said she disagreed with allowing offices of that nature in this zoning.

Shanklin asked why this was being done. Bigham said the professional and office district was intended to be a restrictive commercial district to allow business and professional offices to abut single family residential districts. He said this takes the business and professional offices, and restaurants, out of the Use Permitted on Review category and makes them permitted by right in the C-1 zoning, so instead of a business office having to go through the Use Permitted on Review public hearing process, they are permitted by right to be in a C-1 district. Shanklin said we are opening up an avenue for people to go into business a little easier. Bigham said it will be one less procedure that a business or professional office would have to go through. Bigham said most of the C-1 zones are located on major arterials and there have been no major conflicts with the past several that have gone before the LMAPC.

Purcell said if LMAPC is to consider an item dealing with a location in a particular ward, the ward member should be informed. He said those were provided in the past but that had stopped. Schumpert said LMAPC agendas can be provided to Council. Shanklin asked that the item titles be clearly written.

Mayor Marley asked Maples what she would suggest as far as the government offices. Maples said she would like that to remain as a Use Permitted on Review.

PUBLIC HEARING OPENED. No one appeared to speak. PUBLIC HEARING RECESSED.

(Title read by Clerk)    ORDINANCE NO. 97-10

AN ORDINANCE RELATED TO ZONING, AMENDING SECTIONS 18-580A AND 18-581A, CHAPTER 18, LAWTON CITY CODE, 1995, REVISING USES PERMITTED AND USES PERMITTED ON REVIEW IN A C-1 LOCAL COMMERCIAL DISTRICT.

VOTE ON MOTION: AYE: Purcell, Shanklin, Beller, Green, Warren, Maples. NAY: None. MOTION CARRIED.

PUBLIC HEARING CLOSED.

3.    Consider an amendment to a contract between the City of Lawton (Lender) and Dorothy F. Richardson, A Single Person (Borrower), to subordinate the City’s mortgage on her property at 4632 SW "G" Avenue and take other appropriate action. EXHIBITS: LETTER OF REQUEST.    

Schumpert said the individual has a CDBG Homeowner Rehabilitation loan, which is a program where funds are loaned to the individual and the City secures a mortgage on the property. As long as the person continues to reside on the property, then each month, a portion of that mortgage loan is set aside until a point in time when they have "repaid" the loan, and the lien is then released. The City is in the second lien position in this case; Mrs. Richardson has a fairly high loan and wants to refinance that and use additional funds to take care of other monetary situations. In such cases, the City would normally move into the first position, which is the most desirable position; however, Richardson is asking that the City stay in the second position until the mortgage is paid off. He said staff always wishes to have the most security possible and recommended moving into the first loan position.

Purcell said there is actually no money being paid back to the City; if the bank lends money, the money is being paid back to the bank. He said he did not see why the bank would have an objection to being in the second position. Purcell said the loan is not only to refinance the house, but for several other credit card bills, and that he could not support that.

Shanklin said the appraised value is $38,000 and the City was in second position to begin with. He said he did not have a problem trying to help someone. Shanklin asked if the person would be able to get a second mortgage. Schumpert said this bank will not do one at that interest rate.

Mayor Marley asked if there had been any problems with this account and Ed Doster, Community Development, said no. Doster said staff recommendation for denial was due to the Council Policy not to subordinate. Shanklin said this has been done in the past and the City maintained second position. Purcell said it was when the house was being refinanced, not the house and credit card purchases.

Beller said $124 a month can mean a lot to some people, and while the applicant is in a little deep with the credit cards, this might be an opportunity to help her get out of that. He said he thought the City would be as safe in the second position as it would be with the first.

Warren said the purpose of the policy was to prevent someone from using the CDBG money and reaping the rewards from that and building debt and putting that debt in front of the City. He said if it was just the mortgage on the house, that would be one thing, but the intent of the policy was to keep this from happening.

Mayor Marley said if the City is in first position, and something goes wrong, the money could be recovered; if the City is in second position, that may not be the case. He said money does not change hands, but there is a difference if the City is in first or second position. Doster agreed. Beller said the City could still get its money and be in second position. Cruz said in case of foreclosure, proceeds would go to the person holding the first position; there have been several foreclosures in District Court where the City has been in second position and the City has not been able to receive any funds from the proceeds because the mortgage exceeds the price of the property. Cruz said the City would lose money if there is a foreclosure proceeding, which may or may not occur.

Beller said the appraised value is $38,000 and total liens are $21,000 so that appears safe.

Warren said if a banker, who lends money for a living, will not take a second position, why should the City take a second position with funds they are charged with being responsible for. Shanklin said if help is not given, the person may end up in foreclosure and the City would not get its money at all.

VOTE ON SUBSTITUTE MOTION: AYE: Shanklin, Beller, Green, Maples, Purcell. NAY: Warren. MOTION CARRIED.

4.    Consider approving plans and specifications, declaring an emergency, waiving the competitive bidding process, authorizing a funding source and awarding a construction contract for the NW 34th Street Emergency Sanitary Sewerline Project 97-6. EXHIBITS: LOCATION MAP.    

Mayor Marley said six votes are necessary for the emergency. Schumpert said this sewer line had collapsed and sewage is being pumped, which can continue without problems until there is rain. Recommendation is to award the bid to S.M. Burk, the low bidder; engineer’s estimate was $60,320. This will allow 530 lf of sanitary sewer to be repaired and to discontinue its handling on an emergency basis. Maples said the SSES showed problem areas in dark lines, and this was one of them.

5.    Consider an agreement with University of Oklahoma Division of Landscape Architecture for Site Plans for East Side Park, Elmer Thomas Park and Gore Median. EXHIBITS: PROPOSED CONTRACT AGREEMENT WITH OU.    

Dick Huck, Parks & Recreation Director, said the original concept was to do the three projects shown. OU can complete the East Side Park by May 30, as shown in the contract; they cannot do the other two projects during this semester. Agreement should be amended for the East Side Park only to be done and the fee would be $1,500. Another agreement will be brought back later for projects for the fall semester.

Shanklin said funding source is indicated as 1990 CIP, and $250,000 or $260,000 was included in that project for a large east side park. He asked if this was that project. Huck said yes. Shanklin asked if there is still $250,000 in the 1990 CIP for that park. Huck said there was $150,000 in the 1990 CIP; staff had projected $250,000 in the 1995 CIP. Shanklin asked if there is $150,000 left in the 1990 CIP for this park and Huck said yes.

VOTE ON MOTION: AYE: Green, Warren, Maples, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

6.    Consider the following damage claims recommended for denial: Garry Jay and Rachel Marie Swedlund. EXHIBITS: LEGAL OPINIONS/RECOMMENDATIONS. ACTION: Denial of the claim.

7.    Consider adopting a street light resolution to authorize installation and removal of additional street lights in residential areas. EXHIBITS: STREET LIGHT RES. 395. ACTION: Approval of item. Resolution calls for installation of eight 250 watt street lights, one 100 watt street light, and removal of six 100 watt street lights. Estimated annual operating cost will increase by approximately $405.60 plus fuel adjustment costs.

8.    Consider a resolution authorizing the installation of traffic control devices at specified locations. EXHIBITS: RESOLUTION NO. 97-32; EXCERPT, 2/20/97 TRAFFIC COMMISSION MINUTES.     

(Title only)        RESOLUTION NO. 97-32

A RESOLUTION AUTHORIZING THE INSTALLATION OF TRAFFIC CONTROL DEVICES AT CERTAIN DESIGNATED LOCATIONS WITHIN THE CITY OF LAWTON, OKLAHOMA.  Location: Install "No Trucks Allowed" signs at NW 47th and Motif Manor Blvd. and NW 53rd and Liberty Ave.; "25 mph" speed limit sign at the entrance of NW 53rd and Glenn Ave. (westbound).

9.    Consider denying requests for installation of traffic control devices at specified locations. EXHIBITS: EXCERPT, 2/20/97 TRAFFIC COMMISSION MINUTES. ACTION: Deny requests for traffic signals at intersection of 11th and G Ave.; stop signs at intersection of 10th and McKinley.

10.    Consider awarding a construction contract for the 1997 Waterline Replacement Project 97-1 to HBH, Inc. in the amount of $198,599.  EXHIBITS: BID TABULATION; LOCATION MAPS. ACTION: Approval of item as stated.

11.    Consider acknowledging receipt of permits for the construction of waterlines and for the supply of potable water to serve Comanche County RWD #3 from the Oklahoma State Department of Environmental Quality. EXHIBITS: NONE. ACTION: Acknowledge receipt of permits. Background: On 2/5/97 the City was granted Permit No. WL000016970037 from ODEQ for construction of 1,900 lf of 12" PVC water line and appurtenances and SXL0000169700388 to supply potable water to Comanche County Rural Water District #3, Comanche County, Oklahoma.

12.    Consider approving an agreement for refuse disposal with Goodyear Tire & Rubber Company, and authorize the Mayor and City Clerk to execute the Agreement. EXHIBITS: NONE. ACTION: Approve agreement and authorize execution. Agreement increases cost from $28 to $40 per ton.

13.    Consider approving an agreement between the City and Book Publishing Company for Codemaster computer training in Lawton. EXHIBITS: NONE. ACTION: Approve agreement and authorize execution. Total cost is $1,700.

14.    Consider awarding contract for lake patrol vessel - utility/dive platform. EXHIBITS: VENDOR’S MAILING LIST; BID TABULATION; RECOMMENDATION. ACTION: Award contract to Easton’s Marine, Lawton, OK, and authorize execution.