Month 1997-3 March
Meeting of 1997-3-25 REGULAR MEETING
Minutes, Lawton City Council Regular Meeting
March 25, 1997 - Page MINUTES
LAWTON CITY COUNCIL REGULAR MEETING
MARCH 25, 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 7:10 p.m. by Mayor Marley.
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
Richard Williams, Ward Two
Joe Dutcher, Ward Three
John P. Purcell, Jr., Ward Four
Robert Shanklin, Ward Five
Charles Beller, Ward Six
Carol Green, Ward Seven
Randy Warren, Ward Eight
Absent: None.
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR
MEETING OF MARCH 11, 1997.
MOVED by Green, SECOND by Warren, for approval of the Minutes.
AYE: Warren, Maples, Purcell, Shanklin, Beller, Green. NAY: None.
ABSTAIN: Williams, Dutcher. MOTION CARRIED.
AUDIENCE PARTICIPATION:
Tony Virtu made the following comments:
My name’s Tony Virtu. I’ve got a little problem here. On the 4th
of this month I went to Felix Cruz, the City Attorney, to try to
make a complaint under the municipal code and he talked to me,
said he would investigate, but he refused to take a written,
sworn, written statement from me, and since he was named in this
complaint, I asked him whether he felt this was a conflict of
interest, he said no or words to that effect. I’m not going to
bore you with all these letters, I’m just going to be very brief,
but I will tell you that every one of them has been stamped by
the City Attorney’s Office as received. Three days later I wrote
a letter to Felix Cruz asking him if he thought it was conflict
of interest; he ignored that letter. On the 17th of this month I
wrote him a letter, why have you repeatedly refused to allow me
to give you a sworn complaint about possible misconduct of public
officials. Is it possible that, one, you are trying to cover up
possible misconduct; you told me that you would investigate but
how is it possible for you to investigate a complaint you
yourself are named in, don’t you think that would be conflict of
interest. Have you notified the City Council, as stated in the
municipal code? About two hours later Felix Cruz handed me, well,
not him, the secretary, handed me a letter while I was standing
out in front of City Hall to read, if you have any complaint
about possible misconduct of public officials, please file your
complaint with the City Manager or the Lawton Police Department.
Under the municipal code it says I have to file it with the City
Attorney, so I wrote him another letter. I explained that to him,
I rephrased, I reasked the questions I asked in the other letter.
So I ask the question publicly, Mr. Cruz, do you think it’s
conflict of interest to investigate a complaint that you yourself
are named in and have you notified the City Council of this
complaint. Any questions, any answers.
Marley: You were given a letter of answer.
Virtu: I’m sorry.
Marley: Were you not given a letter that answered your question?
Virtu: Say again.
Marley: Were you not given a letter that answered your
questions?
Virtu: No, I was not given a letter that answered my question.
Cruz: I responded to your second letter, Mr. Virtu, and it was
dated yesterday to you and it was supposedly delivered to you.
Virtu: You responded to me yesterday?
Cruz: Yes sir.
Virtu: While I was in jail?
Cruz: Excuse me.
Marley: Sir, would you let the attorney speak.
Cruz: I responded to you with instructions to make sure you get
the letter, copies of my letter were provided to the Mayor, to
the City Manager, City Council, and the Chief of Police, and with
that I have nothing further to say in this matter at this, in
regard to your comments.
Virtu: I’ll be here if you want to give me a copy of that
letter.
(Council member Warren provided a copy of the letter to Mr.
Virtu.)
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Burl Boyce, 4630 NW Meadowbrook, said there seems to be a problem
of money with the City and there is a suggestion that will cost
nothing but will improve the flood conditions of Lawton. He said
that suggestion is an ordinance that will prohibit or stop all
building in the flood fringe, stop taking the land out of flood
fringe and putting it into a development area. Boyce said he
lives in a flood area but that when he moved there, he checked it
out and that 8-1/2 inches of rain flooded that area; the last
time it flooded was 3-1/2 inches and nearly flooded with 1-1/2
inches of rain last time.
Boyce said in 1974 the Corps of Engineers stated, and this is in
the engineer’s office, that any building west of 62nd Street or
north of Cache Road, that the Meadowbrook area would flood. He
said when Wal-Mart went in, all of the sudden the whole canal was
cleaned up; when Food Lion went in, that whole canal was cleaned
up; the development south of Gibson’s, all of the sudden, that
canal was cleaned up, and now north of Cache Road for 300 yards,
it is cleaned up and the developer is moving in and wants to
build again. Boyce said this is another coincidence and this is
the one that hurts me to say, one developer told a friend of mine
that you all take care of Meadowbrook and we will take care of
the City, and this is the one that should hurt you; another
developer told me that we have influence on the City Council and
there is nothing you can do about it and we started that over 15
years ago. Boyce said he resented that statement and was sorry he
had to say it.
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Samuel Valentine, 5318 NW Glenn, said he was the President of the
Lawton city-wide brotherhood representing 13 churches. He said
his concern was for the Dunbar School which has been closed for
quite some time and they are trying to rebuild the school and
turn it into a community center. A cost estimate has been
prepared and much volunteer work is being done, and that will
continue with operation of the center. Valentine said youth
wander the streets with no place to go, which opens the door for
crime and things parents cannot control. He said he felt Dunbar
School being a community center would greatly benefit the City
and that any help would be appreciated; fund raising and rallies
are being planned to show the desire to follow through. Valentine
said if funds are available through the City for renovation, he
would request that they be allowed to proceed.
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BUSINESS ITEMS:
1. Hold a public hearing and consider an amendment to the Land
Use Plan from Parks/Open Space to Commercial and Office and a
change of zoning from F (Floodplain District) to C-5 (General
Commercial District) zoning classification located at 5112 NW
Cache Road. EXHIBITS: ORDINANCE NO. 97-11; LOCATION MAP; SITE
PLAN; APPLICATIONS FOR AMENDMENT TO THE LAND USE PLAN AND
REZONING; LMAPC MINUTES OF FEBRUARY 26, 1997.
Bob Bigham, City Planner, said Wayne Abshere is the applicant for
this 2.1 acre tract. Viewgraph was presented showing the area in
question which is at the intersection of NW 52nd Street and NW
Cache Road to the south of the traffic control device;
immediately to the east is the new Toyota dealership, or the old
M & H Motors; to the north is another car dealership.
Bigham said the request is bounded by C-5 on all sides except to
the south which is zoned R-1, which is the Meadowbrook area. The
southern one-third of this tract, which is 168 feet wide by 653
feet deep, is in the flood plain area identified on the FEMA
flood maps. The tract is over 2.2 acres and Chapter 19.1, the
stormwater ordinance, will apply to this tract of land. The
middle branch of Wolf Creek does bisect this property.
Bigham said Notice of Public Hearing was mailed to 41 owners
within the 300 feet notice area for the Planning Commission
public hearing, and notice was published in The Lawton
Constitution. The Planning Commission on February 26 held a
public hearing; five spoke against the request and two spoke in
favor. The Planning Commission recommended approval of changing
the zoning on the north 423 feet of this tract, which will allow
the applicant to have the used car dealership on the property. He
said exhibit three indicates the recommendation for the north 423
feet and also indicates the flood plain line; this does include
some of the flood fringe which can be developed under Chapter 18
but none of the flood way is included in the recommendation.
Maples asked if they will be required to build a detention basin.
Bigham said the requirements apply if the tract is over two acres
and this tract is 2.1 acres, and that was fully discussed at the
Planning Commission meeting.
Dutcher asked if any concrete will be laid in the flood plain.
Bigham said the proposal shown on the site plan in exhibit three
only shows 200 feet south of Cache Road so a very small portion
of it would be in the flood fringe; the recommendation is to
include C-5 on the flood fringe and even though it is not in the
site plan now, it could be developed later.
Shanklin asked how the applicant plans to comply with the flood
ordinance and where the detention pond will be located. Bigham
said that is not shown on the diagram and that will be reviewed
during the building permit process. Shanklin asked if anyone had
any idea and Bigham said not at this time.
Schumpert said a detention pond would not necessarily be what the
structure will look like. He said Comanche County Memorial
Hospital has a detention structure on its property on the east
side and it could be something similar, or a 12" or 18" curb, but
it would have to release the water at no greater rate than the
water is released from the property in its current state, so it
is pre equals post. Shanklin asked if all the water that falls on
this lot will be controlled. Bigham said it would follow the
provisions of Chapter 19.1 which is a performance requirement to
detain the water at the predevelopment rate after it is
developed.
Purcell said this is hard land which does not easily absorb
water, so there is water running off now into the creek. Bigham
agreed. Purcell said when construction is done on the front part,
the water from that will have to be contained so there could
theoretically be less water running off of the tract after
development than currently runs off. He asked if that was
correct. Schumpert said it could be less during a period of time,
but more during a longer period of time. Schumpert said the water
now leaves at a certain rate, and when a detention structure is
built, the water will leave at a slower rate but there will be
water released from it for a longer period of time. Bigham said
Chapter 19.1 shows co-efficient of run off and those will be the
numbers used to determine current and after development runoff.
Williams said there was a comment by Mr. Abshere in the Planning
Commission meeting about the fact that he had been paying taxes
on part of this property as C-5 and a good part of it is not C-5.
He asked if that had any bearing. Bigham said the tax rates are
developed by the County Assessor’s Office and that he was not
certain that they are relying on the City’s zoning code as the
basis for those assessments. Bigham said the property is on Cache
Road in a retail area and a commercial rate may have been
assigned to this parcel even though only a small portion of it is
zoned commercial, but that responsibility is up to the County.
PUBLIC HEARING OPENED.
Bigham said two additional letters were received, one from Mr.
Lechner and another from the Toyota dealership.
Anthony Cominos, 812 NW 50th Street, said he lives in the
Meadowbrook area. He said he was not sure he was within the 300
feet area, and it was determined that the boundary for that was
north of Liberty Street. Cominos said references had been made to
several sections of the city code but it appeared the residents
were again having a loaded gun placed to their heads for people
living in the Meadowbrook area. He said there is a good slope
where the area is proposed for construction and it is only good
sense to think that cement generates more water than dirt as far
as run off from rain. Cominos said Mr. Lechner sent a letter
dated March 22, 1997, and he hoped Council got it although as far
as he could tell, none of them did. The Clerk stated the letter
was distributed. Cominos asked if Council reviewed the letter and
said there are references to items required by the Corps of
Engineers and other governing areas.
Cominos said he, as a property owner, would go on record as
opposing any cement being laid any where in a flood area or near
a flood area. He said there is already a problem which has been
discussed time and time again with the Council. Cominos asked
that the Council consider not approving the request.
Charles Singleton said he prepared the packet for Mr. Abshere and
it is color coded to show the existing C-5 zoning. He said the
red line goes back approximately 430 feet, which is in the flood
fringe and not in the flood way; the proposal barely touches the
flood fringe on one edge probably not over ten or fifteen feet on
the end. Singleton said on the question about the property taxes,
the County assesses the zonings and C-5 is the highest zoning and
you pay the highest taxes for C-5.
Kay Terrill, 811 NW 51st Street, said she felt this was a done
deal, that the clearing of the land has already been done, and
if she was not mistaken, building has begun, but that they had to
make their point. She said Purcell had asked a very good
question. Terrill said she wanted to know who would monitor
enforcement of the ordinance, and if it does not comply, who will
be held liable, the builder, the land owner, or the Council. She
said there is an obvious problem, which will escalate and has
done so historically, and the residents would be present again.
Terrill said she would be very surprised if the vote were not
nine to nothing tonight in favor of the request.
Ted Lechner, 808 NW 50th Street, asked if there were any
questions about the letter he had sent. He said in Bangladesh the
ordinary citizens are swept out of their homes annually by flood
waters while the potentates of that country sit on high and make
money. Lechner said a person may think it is far fetched to make
an analogy of that sort with what is happening in Meadowbrook,
but if you will consider not just the present developer who wants
to construct just north of the worst flooding area of Wolf Creek
but past developers and past City Councils. If you consider the
cumulative effect of what they have done, it is, as far as
creating industrially propelled runoff is concerned, it is in
effect "Bangladeshizing" a certain class of people who live along
Meadowbrook. From this point on, now that the Corps of Engineers
and EPA have spoken, any sort of playing around with what comes
into Wolf Creek is entirely out of order and should not be
considered at all. He said he was shocked to hear that the
developer does not play to put in a retaining "pondlet" but a
curbing.
Lechner said there was quite a rain in the Ohio Valley recently
and a meteorologist was asked if this was the 100 year flood and
the response was that this is the 1,000 year flood. He asked what
would happen with the curbing, the co-efficient of friction
between the water and the surface will change dramatically when
the water is higher than the curbing. He said those arguments do
not meet the problem.
Lechner said he had gone door to door in the neighborhood
recently talking to people about this, and he was shocked to hear
people ask why should they come to the meeting because it was all
over with and that it was foolish for him and others to attend.
He said he had no personal reason to think that and knew none of
the Council members personally, but in his arguments to defend
Council, the architecture of the room is not a great help. He
said the citizens of Lawton stand beneath the Council and appeal
to the Council at a higher level; he asked why the citizens are
down here and the Council up there. Lechner said it is an
architectural thing that he did not blame the Council for
personally, but the people in the neighborhood have said just
that, that the Council is on high and the citizens are on low and
why do you even go to the meeting, it’s a done deal, it’s all
over with. He said he asked himself how he could counter that
because we would not like people to think that, and he said
here’s a way, there’s a vote tonight on a seemingly small issue
and it has to do with capital development, prospective profits
and the spending of money by American businessmen, pitted against
a simple, clear right and wrong that affects the individual, a
simple injustice.
Mayor Marley asked that remarks be concluded due to time
restraints.
Lechner said A.E. Houseman, poet, said let us endure an hour and
see injustice done; he said he would not like to see that here
tonight. Lechner asked that Council look up to the people and
hear their voices, and let their votes speak.
Elaine Sveiven, 1108 NW 51st Street, said they purchased their
home in 1974 and at that time they checked it out and found there
had been no flooding in that area. She said since then they had
consistently seen the creek come higher, quicker, since the
development to the north has been done with no regard to where
the water is going. Sveiven said tonight both she and the
developer were asking for the City to help; the developer bought
his property to make money and she bought her property for a home
to live in, as many others along the creek have done. She asked
Council to take a small step as the City’s leaders to help the
many who really do need help; anything done on the creek will
hurt. Sveiven said three weeks ago there was 1-1/2 inches of
water and within 15 minutes after the rain started, you could
watch the creek rise and within 45 minutes it was at her back
door, and four other neighbors had stated the same thing. She
said she was speaking of peoples’ homes and that they wanted to
have dry feet.
Ann Hall, 1123 NW 50th Street, said she had never flooded but
that she lives next door to Mrs. Sveiven and the Moses, and that
she had watched those people flood. She said you cannot imagine
how devastating it is to watch this happen to your neighbors and
you cannot help them. Hall said if this is rezoned, she felt it
would affect her the next time because water came within an inch
of her house.
Joe Bacon, 1112 NW 52nd Street, said his house is directly behind
the proposed parking lot and the middle branch is between his
house and the proposed parking lot. He said a statement was made
about the dirt being a hard surface and it was not, it was a
grassy area at one time and dirt was hauled in last year building
it up and packing it down, probably for this project, but until
that time it was a grassy area and there was no runoff until the
ground was saturated.
Bacon said he attended the Planning Commission and there was a
question about Abshere paying taxes on a commercial area and that
he should get some return on that. He said the residents pay
taxes on their houses at a good rate and there are some very
expensive houses in the area, but now you can put your house up
for sale and no one will even come to talk to you about it. Bacon
asked that this request be denied to rezone the flood area. He
said the 1-1/2 inch rain discussed was not one where there was
rain all day and it stopped, but then that night it rained 3/4ths
of an inch and the creek filled, got to peoples’ doors and
started running into the cul de sac in front of his house and
that was with 3/4ths of an inch of rain after the ground had been
saturated. He said any additional runoff is too much.
Glen Thomas, 1108 NW 52nd Street, said he was within the 300 feet
area. He said he could only echo what his neighbors had stated.
Thomas said he had lived in the house since 1973 and about 16
years ago the zoning was changed for Country Hollow Townhomes
from R-1 to allow more density of housing. He said they were
assured at that time that there would be no more runoff but that
turned out to be nonsense; now they are being assured that a used
car lot will go to an expense of a complex water retention system
and that is nonsense.
Jim Moses, 1125 NW 50th Street, said he supported the letter that
Mr. Lechner had written and asked that it be given consideration.
He said there are two options, one being to have a used car lot
or the other being to protect those who live along the creek.
Zane Strother, 1107 NW 51st Street, said he lives outside the
dotted area but that he could say he stands in his yard as water
rises and watches it go through the homes of those who have
spoken. He said he had watched water come through Mr. Moses’
garage and it looked like a creek rolling through his garage.
Strother said one more drop of water is not to their benefit. He
asked that Council consider Mr. Lechner’s letter and the issues
that he had brought up. Strother asked that the property owners,
who bought property there many years ago without any concern of
flooding, be considered. He said at that time there was almost no
flooding, unless there were four to five inches of rain, but now
far less water causes floods, simply because of the development
upstream of the middle branch of Wolf Creek, and we cannot
withstand any more. Strother asked how many Council members,
after any rain, had seen the plight or attempted to wade the cul
de sacs to get to these people and try to help them.
Wayne Abshere, Pumpkin Center, Rural Route 1, said he could see
that he was in the minority. He said he had owned the property
since 1977 and had paid taxes on it as C-5 since that time.
Abshere said last year on that vacant piece of property he paid
$820.36 taxes. He said he was trying to generate a little revenue
off of the very front of it to help defray expenses.
PUBLIC HEARING CLOSED.
Dutcher said he was curious as to how much water would run off
from the substation being built on 53rd Street, which will
probably be more than Mr. Abshere is talking about. He said that
Mr. Abshere said he would do what the City asks him to do and
that he is a very honorable man and would do so. Dutcher said it
seems that we do not want to give our flood ordinance a chance to
prove itself and that everyone is in doubt about it.
Dutcher said he would vote no because these are his constituents.
He said he was in favor of this and felt it could be to done to
the advantage of everyone, but that a Council member must vote
the way his constituents desire. Dutcher said he also had the
authority to say how he felt about this, but that he would vote
no, but that it was not giving the flood ordinance, that the
residents wanted, a chance to prove itself.
Green said she would not be in favor of the rezoning and would
oppose changes in the Meadowbrook area or additional development
in the area that would affect the homes and citizens of the
Meadowbrook area.
Williams said he agreed the property should be zoned C-5 and that
he had not been on the Council long enough to see the stormwater
program adopted a couple of years ago really take affect and see
how well it will do. He said he knew the Meadowbrook flooding was
a grave concern of the residents of the area and it is a problem
for the City as well as the residents. Williams said anything on
Cache Road has to be commercial and the property cannot stay as
it is forever, but at some point, the City, residents and
developers need to come together and work toward solving the
situation and problems. He said there are some ideas and it will
be a tremendous cost. Williams said he could not be in support of
rezoning this to C-5 at this time.
Shanklin said he asked a question earlier and the developer would
likely want to know what would be required before he invested in
the concrete. He said he did not understand how Mr. Abshere could
invest his money before he knew what he would have to do to
alleviate the runoff.
Bigham said Chapter 19.1 is a performance type requirement and
sets out specifications for what the applicant must do. He said
the information has not been submitted at this time and would
normally be submitted during the building permit process. Bigham
said there might be a variety of alternatives for the developer
to meet his requirements. Shanklin asked how we would know that
the work will impede the flow, and said before he would vote for
this he would need to know what Mr. Abshere will have to do to
comply with the flood ordinance.
Shanklin said he has been to the Meadowbrook area when there was
flooding and knew it would continue to flood. He said 11th Street
flooded for the first time in 25 years by the swimming pool.
Shanklin said the water rises and we cannot get it down stream.
He said that had been his contention for some time and that the
City had done some work on it, and that he did not believe the
statement that it would do no good to do work downstream.
Shanklin stressed the need for detention reservoirs on Fort Sill
and said the City has no control over the State owned land which
the water cannot pass through at Cameron University. He said the
flood ordinance has passed and if he can be convinced the project
will not cause flooding, he would have to vote for it, but that
he would need to know what would have to be built before he could
vote in favor.
Purcell said a number of meetings were held previously on
stormwater drainage and many of those who are present tonight had
urged passage of such an ordinance. He said the ordinance
requires that no more water flows off of this land than flows off
today and the ordinance must be given a chance to work. Purcell
said he would support the rezoning and that he did not want more
flooding in Meadowbrook or anywhere else but based on the answers
given, and hopefully the issue will be forced when the building
actually takes place, there should be no more water coming off
that land when they put in the parking lot than there is today.
Beller said the LMAPC minutes reflect that Commissioner Green
asked Mr. Abshere if he could construct the car lot without the
rezoning, and Bigham said there was no disagreement that portion
of the tract was not in the flood plain where Mr. Abshere
proposes to construct the car lot; the reason the rezoning is
required is the flood plain district does not allow the used car
low. Beller said the rezoning is recommended for the north 423
feet and it must meet the provisions of Chapter 19.1 and states
there will be retention of the water, and at the same meeting,
the question was asked as to whether Mr. Abshere could be denied
the use of his property and it was pointed out that you could not
do so and that it is zoned C-5 already, according to the minutes
of the LMAPC. He said there was a question about a detention pond
and Mr. Abshere indicated he understood about the detention pond,
and that he was assuming that when the permit is granted, the
detention pond portion of that will be in the permit arrangement.
Beller said this should help hold the water back, and the
retention ponds on Fort Sill would help also. He said he did not
think curbing would satisfy the desires of the area residents in
this situation. Beller said he did not feel this 200 foot piece
of property would exacerbate the problem of Meadowbrook flooding.
He said cleaning out the creek, getting onto the Country Club
property and opening up the bottleneck would alleviate the
flooding. Beller said he would support the rezoning request.
Shanklin said the engineers were talking about the detention pond
at the LMAPC meeting but now there seems to be a question as to
what will be required and that bothered him. He asked if Mr.
Abshere understood that there will be a detention pond.
MOVED by Shanklin, that this be delayed until we know exactly
what, if the engineers can’t tell us what they’re going to have
to do then they’re in the wrong business, to tell us what we’re
going to do to alleviate flooding off of that tract of land any
greater than pre equals post.
Beller said the information shows that if a permit is granted to
build a parking lot, and he assumed that would be the only
appurtenance added to the property is the lot itself and a
building is not shown; when the permit is granted, it will say
before you can open for business, there will be a retention pond
somewhere on that property to collect that runoff. Bigham said
that was fully discussed at the Planning Commission, Mr. Newville
and the City Attorney both rendered an opinion that 19.1 would
apply to the development of this tract.
Schumpert said better terminology would be a detention facility;
the applicant’s engineers will have to design a detention
facility to be submitted with the building permit and the City
Engineers will model it to determine if it is correct, and it
must be correct before the City’s engineers will sign off on it
for the building permit. Shanklin said it is up to the developer
to determine where to put the detention, whether on the back
portion of the tract, in the landscaping or in the parking lot.
Shanklin said he was satisfied that the staff would be pretty
picky on it.
Mayor Marley said the question was asked and we should know who
will be responsible to determine compliance as to pre equals
post, what are the tools to enforce it, and who monitors it.
Schumpert said Building Development will issue the permit and
monitor the building of it; if there is a question about the
technical nature of the structure that is being built, they will
call out the engineers who enforce it and can issue a stop work
order or take appropriate action to stop it if it is not being
done. Schumpert said if it does not comply and they attempt to
use it, they can be cited for violation of codes, and that would
again be Building Development.
Mayor Marley said the question is, once you get the permit which
has gone through the models and looks like it will meet pre
equals post, but after it is built, it does not. He asked what
the solution would be then; if everything is right and the models
show it is acceptable, who is responsible to say it did not
comply. Schumpert said the structure would be built on the 100
year flood standard. Mayor Marley said the point is what happens
after it is built and there is a determination that there is a
problem. Schumpert said the area could flood if there is an
extreme storm, but the detention will be designed for a 100 year
flood, and if it is that or less, the detention facility will
abate that. Mayor Marley said if it does not, and there is
flooding, what is the recourse for the Council at that time, can
the business be shut down, and how can we determine that the
excess flooding came from that property. Shanklin said it would
be impossible, he has flooded himself. Mayor Marley said these
questions should have been asked when the ordinance was being
considered.
Shanklin said Mr. Lechner’s letter shows the EPA has an interest
in the Meadowbrook area and asked if staff was aware of that.
Schumpert said he was not aware of EPA interest, but that the
staff does deal with DEQ.
Bigham said information in the agenda packet shows the engineers
review of the request and the Section 404 permit will be required
of the applicant before any development is done in the flood
plain area. Shanklin asked if Mr. Lechner could respond based on
his letter and asked if he knew that the EPA has decided it had
an interest.
Lechner said he talked to Mr. Prather at the EPA regional
headquarters in Dallas by phone on several occasions, and the
last time Mr. Prather mentioned he had come down to see Mr. Ihler
and that they had walked the creek and Mr. Prather had offered
his very informed opinions. Lechner said the EPA reviews the
permits and the City of Lawton is now on notice from the Corps of
Engineers to request, so the Corps of Engineers is asking Lawton,
and it has complied, to request a permit and EPA reviews that.
Shanklin asked if the City was safe in taking any actions at this
point. Jerry Ihler, Public Works/Engineering Director, said EPA
is concerned with the tributaries and the creeks that are
natural, such as the middle branch of Wolf Creek and Squaw Creek;
manmade runoff as a result of construction in the drainage area
is not a concern of EPA with regard to the actual channel itself.
Ihler said EPA is concerned with what we do with the channel
itself, not the development of the basin, as long as the
development does not disturb the water way of the channel that
this area flows into. Ihler said they are not concerned with a
development upstream unless it involves making changes to the
creek itself or the channel. Ihler said he had met with Mr.
Prather with EPA regarding drainage maintenance, and any drainage
maintenance on any of the creeks requires the 404 permit and the
application must be submitted for that.
Dutcher asked who would monitor the runoff that will accumulate
from the detention on this site after a heavy rain. Ihler said it
does not require that someone go out and monitor the runoff after
it is designed; during the design of the project, whether it be a
pond that will hold water and release it through a certain size
pipe, that design is modeled by their consulting engineer and
staff reviews it and also models it and hydrology is not an exact
science but the best technology available is used.
MOVED by Beller, SECOND by Shanklin, to approve the rezoning and
to adopt Ordinance No. 97-11, waive reading of the ordinance,
reading only the title.
(Title read by Clerk) ORDINANCE NO. 97-11
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE TRACT OF
LAND WHICH IS HEREINAFTER MORE PARTICULARLY DESCRIBED IN SECTION
ONE (1) HEREOF FROM THE EXISTING CLASSIFICATION OF F (FLOODPLAIN
DISTRICT) TO C-5 (GENERAL COMMERCIAL DISTRICT) ZONING
CLASSIFICATION; AUTHORIZING CHANGES TO BE MADE UPON THE OFFICIAL
ZONING MAP IN ACCORDANCE WITH THIS ORDINANCE.
VOTE ON MOTION: AYE: Maples, Purcell, Shanklin, Beller, Warren.
NAY: Williams, Dutcher, Green. MOTION CARRIED.
2. Hold a public hearing and adopt a resolution declaring the
main structure at 1610 SW Garfield Avenue 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 this structure.
EXHIBITS: RESOLUTION NO. 97-33.
Dan Tucker, Building Development Director, presented a video of
the property stating it is vacant and being occupied by
transients; neighborhood groups have requested that it be
secured, but it cannot be due to the size of the holes in the
walls. Sheet rock has been removed, there is evidence of an
attempt to start a fire. He recommended demolition.
PUBLIC HEARING OPENED. No one appeared to speak.
PUBLIC HEARING RECESSED.
MOVED by Green, SECOND by Williams, to adopt Resolution No. 97-33
declaring the structure at 1610 SW Garfield Avenue to be
dilapidated and a fire hazard and detrimental to the health and
safety of the community and calling for destruction of said
structure; and authorize expenditure of CDBG Contingency Funds,
if necessary, to demolish the structure. AYE: Williams, Dutcher,
Purcell, Shanklin, Beller, Green, Warren, Maples. NAY: None.
MOTION CARRIED.
PUBLIC HEARING CLOSED.
(Title only) RESOLUTION NO. 97-33
A RESOLUTION DETERMINING A CERTAIN STRUCTURE TO BE DILAPIDATED
AND DETRIMENTAL TO THE HEALTH, BENEFIT, AND WELFARE OF THE
COMMUNITY AND ORDERING THE DESTRUCTION AND REMOVAL OF SAID
DILAPIDATED STRUCTURES.
3. Hold a public hearing and adopt a resolution declaring the
structures at 504 SW 20th 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.
97-34.
Tucker presented a video of the structures and stated this was
formerly known as Todd and Don’s Mobile Home Park; owner is
estate of Jimmy Cann, deceased. This portion contains 12
structures which are being striped for the aluminum siding and
wiring within the walls. The property no longer meets the
standards for a mobile home park; the dilapidated structures on
frames are open and accessible and being used by persons within
the neighborhood. Demolition was recommended.
PUBLIC HEARING OPENED. No one appeared to speak.
PUBLIC HEARING RECESSED.
Shanklin said he turned this is about two months ago and
commended staff for bringing it back this quickly.
MOVED by Shanklin, SECOND by Maples, to adopt Resolution No. 97-34 declaring the structures dilapidated,
a fire hazard and
detrimental to the health and safety of the community, and call
for the destruction of said structures, and authorizing the
expenditure of CDBG contingency for said demolition. AYE:
Dutcher, Purcell, Shanklin, Beller, Green, Warren, Maples,
Williams. NAY: None. MOTION CARRIED.
PUBLIC HEARING CLOSED.
(Title only) RESOLUTION NO. 97-34
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.
4. Hold a public hearing and adopt a resolution declaring the
structures at 1513 SW Summit Avenue 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.
97-35.
Tucker said the video shows another three mobile homes in a
separate location also owned by the estate of Jimmy Cann. He said
in attempting to identify and contact the estate, staff had
notified seven attorneys, eleven relatives, and the County has a
tax lien against the property. Tucker said the structures are
being striped and there is a lot of debris on the property; tires
and wood present a fire hazard. Property is immediately adjacent
to occupied, single family dwellings.
Williams said there is a house in front to the south of the
mobile homes and asked if it would remain. Tucker said the house
is on a separate property but is being processed through the
system. Williams asked if the house will come before Council.
Tucker said if the owner does not respond to the City’s requests
to demolish it, the matter will be presented to Council.
PUBLIC HEARING OPENED. No one appeared to speak.
PUBLIC HEARING RECESSED.
MOVED by Green, SECOND by Shanklin, to adopt Resolution No. 97-35
declaring the property dilapidated and a fire hazard, and use
CDBG contingency funds to remove the structure. AYE: Purcell,
Shanklin, Beller, Green, Warren, Maples, Williams, Dutcher. NAY:
None. MOTION CARRIED.
PUBLIC HEARING CLOSED.
(Title only) RESOLUTION NO. 97-35
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.
5. Consider adopting an ordinance relating to animals,
amending Chapter 5, Lawton City Code, as amended by Ordinances
95-26 and 96-20. EXHIBITS: ORDINANCE NO. 97-____ (ON FILE IN CITY
CLERK’S OFFICE); SUMMARY OF CHANGES; MEMORANDUM TO MAYOR AND CITY
COUNCIL MEMBERS, MARCH 13, 1997.
Shanklin said this has been a hot issue for a number of years and
the ordinance has been re-written by staff. He said some citizens
are very interested in the subject and suggested that the Council
as a whole conduct a workshop session on this item so adequate
input can be received.
MOVED by Shanklin, SECOND by Maples, to table this item to a
workshop on April 10 at 6:00 p.m. AYE: Shanklin, Beller, Green,
Warren, Maples, Williams, Purcell. NAY: None. ABSTAIN: Dutcher.
MOTION CARRIED.
6. Consider adopting a resolution amending Appendix A,
Schedule of Fees and Charges, Lawton City Code, 1995, amending
fees relating to animals. EXHIBITS: RESOLUTION NO. 97-____.
This item was not acted on due to Item 5 being tabled.
7. Consider adopting an ordinance amending Section 4-213,
Chapter 4, Lawton City Code, 1995, modifying the grounds for
denial, suspension or revocation of license for low point beer
retailers and declaring an emergency. EXHIBITS: ORDINANCE NO. 97-12.
Purcell said he initiated this and explained the reason as being
that the City has had an ordinance in effect for years that said
if you were convicted or violated the ordinance by the sale of
beer to minors, or other infractions under that code, that you
would be charged and the City Attorney could take action to
either revoke or deny your license. In many instances, and
perhaps almost all, people have paid a fine and never went to
court. Recently the City Attorney made the determination that we
will go to court when this happens, then if you are convicted,
the City Attorney then may take action to revoke your license,
and it has been interpreted as he "will" take action to revoke
your license so there is not selective enforcement.
Purcell said what started this is we have Business A and B, and
Business A had never had a problem violating any ordinance for
ten years, or a long time, and he was convicted because one of
his employees sold beer to a minor, went to court, was convicted
and his license was revoked. Business B had many, many instances
of violating the ordinances but the first time they had gone to
court and were convicted, the license was revoked, so we treated
one business, who had many violations over the years, the same
way we treated one who had one but never had a problem before.
Purcell said it is hard for a business to control all of its
employees and never have an employee make a mistake. He proposed
something that would not penalize and put someone out of business
if one of their employees makes a mistake, because we all make
mistakes. The proposal is that three strikes and you are out,
basically. It is rewritten so that within a two year period if
you have three instances of either being convicted or violating
the ordinance then the City Attorney will, not "may" any more,
but will revoke your license and it would then go through the
Judge and the same appeal process, and if you do not like what
happened there you can appeal to the City Council. This precludes
someone from being penalized for a one time instance of their
employees making a mistake.
Purcell said the Police Chief is opposed to this, and when he
talked to him about it, he opposed it based on the fact that any
lessening of the restrictions causes something he would not like
to see, but he also agreed that we do not want to penalize
someone and shut a business down for one instance by an employee.
Shanklin said he thought we clarified the other night that the
buyee, the buyer was responsible. Schumpert said that is correct,
in this case what we are talking about is for a bartender who
sells it to the under age individual. Shanklin asked if that was
without checking an ID. Purcell said yes, or if they do not check
it correctly, and there was an instance of that. Purcell said it
is a violation, it does not change the violation, if they do it
and get caught and go to court and get convicted, what it states
is we do not automatically revoke their license for one instance;
the third instance within two years is automatic revocation.
Shanklin said the instance he was thinking of would be when a
person goes in with a fake ID, but whenever the police come, they
show them their real ID, and that is not the proprietor’s fault.
Cruz said this amendment and the original provision applies to
the owner and operator and employee, in the ordinance you also
have a penalty for a person who actually buys and gives to a
minor, but this is about the owner and operator and not the
customer because they are dealt with in a separate section of the
ordinance.
MOVED by Purcell, SECOND by Warren, for approval of Ordinance No.
97-12, declare an emergency, read the title only and waive the
reading of the ordinance.
Bill Adamson, Police Chief, said after discussions with City
staff he really had no strong opposition. He said his first
reaction was that on any lessening or weakening of the ordinance,
he would always fall to the more conservative side. Adamson said
where this really comes into play for them is during police
operations where police agents are used to make illegal buys from
businesses; normally, we do not make a case against the business
because someone under age walks in and buys a beer or alcoholic
drink because they are not in the place in time to do that. He
said he has no strong opposition to the ordinance.
(Title read by Clerk) ORDINANCE NO. 97-12
AN ORDINANCE RELATING TO LICENSES, AMENDING SECTION 4-213,
CHAPTER 4, LAWTON CITY CODE, 1995, MODIFYING THE GROUNDS FOR
DENIAL, SUSPENSION OR REVOCATION OF PERMITS FOR LOW POINT BEER
RETAILERS AND DECLARING AN EMERGENCY.
VOTE ON MOTION: AYE: Beller, Green, Warren, Maples, Williams,
Dutcher, Purcell, Shanklin. NAY: None. MOTION CARRIED.
8. Consider adopting an ordinance amending Sections 22-206 and
22-207, Chapter 22, Lawton City Code, 1995, allowing homeowners
and tenants to shut off water at the water meter, and declaring
an emergency. EXHIBITS: ORDINANCE NO. 97-13.
Beller said there is an ordinance that prohibits a property owner
or tenant from turning off the water, even in the event of an
emergency; it was a violation for the property owner, without
calling the City and then calling a licensed plumber, to turn off
his water at the meter. Beller said he felt that was ludicrous
and was the reason he requested this amendment.
MOVED by Beller, SECOND by Green, to approve Ordinance No. 97-13,
waive the reading of the ordinance, read the title only, and
declare an emergency.
(Title read by Clerk) ORDINANCE NO. 97-13
AN ORDINANCE RELATING TO WATER, AMENDING SECTION 22-206 AND 22-207, CHAPTER 22, LAWTON CITY CODE, 1995,
ALLOWING HOMEOWNERS AND
TENANTS TO TURN WATER OFF AT THE WATER METER FOR THE PURPOSE OF
MAKING REPAIRS, AND DECLARING AN EMERGENCY.
VOTE ON MOTION: AYE: Green, Warren, Maples, Williams, Dutcher,
Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.
9. Consider denying an application to close a portion of the
NW Ferris Avenue right-of-way adjacent to 513 NW First Street.
EXHIBITS: APPLICATION; SURVEY; LETTER FROM FIRST COMMERCIAL BANK;
COUNCIL POLICY 5-1.
Schumpert said the item was initiated the property owner and the
application has been included in the agenda commentary. He said
the structure was built in 1944 and the mortgage company will not
provide a mortgage until this problem is resolved. Schumpert said
none of the staff objects from an engineering, building
development or planning criteria; however, Council Policy 5-1
establishes the criteria for closure of public ways and
easements, and the application is not consistent with that
criteria. He said Council may set a date to consider this request
if it so desires, and waive the policy.
Purcell said he looked at this house and it is in pretty good
shape. He said there is only 2.6 feet of the house sitting on
the right of way, and a little over hang along the side is
another 1.5 feet.
MOVED by Purcell, SECOND by Beller, to waive Council Policy 5-1
and bring back an ordinance at the earliest possible time,
setting the hearing date for May 13. AYE: Warren, Maples,
Williams, Dutcher, Purcell, Shanklin, Beller, Green. NAY: None.
MOTION CARRIED.
10. Consider denying an application to close a portion of the NW
Arlington Avenue right-of-way adjacent to 114 NW Arlington
Avenue. EXHIBITS: APPLICATION; SURVEY; LOCATION MAP; COUNCIL
POLICY 5-1.
Schumpert said this is a similar situation; it is a recently
constructed building and is off 1.762 feet.
MOVED by Beller, SECOND by Maples, to waive the council policy
and set a date to consider an ordinance, with the date of May 13,
1997. AYE: Maples, Williams, Purcell, Shanklin, Beller, Green,
Warren. NAY: None. ABSTAIN: Dutcher. MOTION CARRIED.
11. Consider an ordinance enacting Section 21-801 through 21-804, Article 8,
Chapter 21, Lawton City Code, 1995, pertaining to
the dedication and acceptance of offsite improvements outside the
subdivision plat. EXHIBITS: ORDINANCE NO. 97-14; ADMINISTRATIVE
POLICY 6-2; DRAFT LMAPC MINUTES OF FEBRUARY 26, 1997.
Bigham said this ordinance would take the place of Administrative
Policy 6-2 which sets forth a procedure for dedication and
acceptance of public infrastructure, such as a sewer line being
built in association with a commercial building, this ordinance
would provide the procedure for the developer or applicant to
follow to have it dedicated to the City. He said the
administrative policy would be deleted if the ordinance is
approved. Bigham said the Planning Commission has reviewed this,
held a public hearing, and recommends approval.
Maples asked if this will be less cumbersome. Bigham said yes,
the administrative policy provided for this to go through the
Planning Commission approval process and that has been eliminated
and the plans will come directly to City Council.
MOVED by Beller, SECOND by Maples, to waive reading of the
ordinance, read the title only, and enact Ordinance No. 97-14,
enacting Sections 21-801 through 21-804, Article 8, Chapter 21,
Lawton City Code, 1995, pertaining to the dedication and
acceptance of off site improvements outside the subdivision
platting process.
(Title read by Clerk) ORDINANCE NO. 97-14
AN ORDINANCE RELATED TO SUBDIVISIONS ENACTING SECTIONS 21-801
THROUGH 21-804, ARTICLE 8, CHAPTER 21, LAWTON CITY CODE, 1995,
PERTAINING TO DEDICATION AND ACCEPTANCE OF OFFSITE IMPROVEMENTS
OUTSIDE THE SUBDIVISION PLATTING PROCESS.
VOTE ON MOTION: AYE: Williams, Dutcher, Purcell, Beller, Green,
Warren, Maples. NAY: Shanklin. MOTION CARRIED.
12. Consider approving an ordinance amending Section 21-503,
Chapter 21, Lawton City Code, 1995, revising easement
requirements. EXHIBITS: ORDINANCE NO. 97-15; LMAPC MINUTES OF
FEBRUARY 12, 1997.
Bigham said this amendment relates to the requirement for utility
easements. Current regulations set a precise standard that at the
rear of each lot there will be a total of 25 feet and there is
very little flexibility. He said where you have a subdivision
abutting an existing subdivision, a variance process has been
required through the Planning Commission. This ordinance gives
flexibility if there is a total of 25’, it can be off set, and
also allows for smaller than 25’ utility easements for utility
companies. Bigham said the Planning Commission has held a public
hearing and recommends approval.
Maples asked if this would have eliminated the problem on Denver
Street. Bigham said no, that was an encroachment of a house on a
utility easement and this would not relate to that. Maples said
that needed to be fixed also.
MOVED by Purcell, SECOND by Maples, to approve Ordinance No. 97-15, waive the reading of the
ordinance and read the title only.
(Title read by Clerk) ORDINANCE NO. 97-15
AN ORDINANCE RELATING TO SUBDIVISIONS AMENDING SECTION 21-503,
ARTICLE 5, CHAPTER 21, LAWTON CITY CODE, 1995, REVISING EASEMENT
REQUIREMENTS.
VOTE ON MOTION: AYE: Dutcher, Purcell, Shanklin, Beller, Green,
Warren, Maples, Williams. NAY: None. MOTION CARRIED.
City Council meeting recessed at 8:50 p.m. for the Lawton Water
Authority special meeting to reconvene. City Council reconvened
at 9:10 p.m. with roll call reflecting all members present.
ADDENDUM BUSINESS ITEM:
1. Consider assigning the Lessor’s option to purchase the
fixed assets of Mrs. Harrell Moore to the School House Slough,
Inc. EXHIBITS: NONE. (SEE LAWTON WATER AUTHORITY)
This was not acted on due to the Water Authority action to table.
CONSENT AGENDA:
13. Consider the following damage claims recommended for
denial: Michael and Jackie Mitchell; Jean Hicks; Pete Crowley;
Sheila Jones, by and through her attorney, Daniel P. Markoff; and
Robert L. Jones, III. EXHIBITS: LEGAL OPINIONS/RECOMMENDATIONS.
ACTION: Denial of claims as recommended.
14. Consider the following damage claims recommended for
approval and consider passage of resolutions authorizing the City
Attorney to file friendly suits for the claims over $400.00:
Jason and Carmen R. Frascht; Johnny G. and C. Patricia Horn;
Leonard and Jackie Knowles; Basil Simmons; and Townwest Shopping
Center, Inc. EXHIBITS: LEGAL OPINIONS/RECOMMENDATIONS. (THREE
RESOLUTIONS; ON FILE IN CITY CLERK’S OFFICE) Frascht: $58.75;
Horn: $49.50;
(Title only) RESOLUTION NO. 97-36
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
ASSIST LEONARD AND JACKIE KNOWLES IN FILING A FRIENDLY SUIT IN
THE DISTRICT COURT OF COMANCHE COUNTY, OKLAHOMA, AGAINST THE CITY
OF LAWTON; AND AUTHORIZING THE CITY ATTORNEY TO CONFESS JUDGMENT
THEREIN IN THE AMOUNT OF EIGHT HUNDRED ELEVEN DOLLARS AND 20/100S
($811.20).
(Title only) RESOLUTION NO. 97-37
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
ASSIST BASIL W. SIMMONS IN FILING A FRIENDLY SUIT IN THE
DISTRICT COURT OF COMANCHE COUNTY, OKLAHOMA, AGAINST THE CITY OF
LAWTON; AND AUTHORIZING THE CITY ATTORNEY TO CONFESS JUDGMENT
THEREIN IN THE AMOUNT OF EIGHT HUNDRED TWENTY-THREE DOLLARS AND
THIRTY-FOUR CENTS ($823.34).
(Title only) RESOLUTION NO. 97-38
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
ASSIST TOWNWEST SHOPPING CENTER, INC., BY AND THROUGH THEIR
AGENT, ROBERT L. MEADORS, IN FILING A FRIENDLY SUIT IN THE
DISTRICT COURT OF COMANCHE COUNTY, OKLAHOMA, AGAINST THE CITY OF
LAWTON; AND AUTHORIZING THE CITY ATTORNEY TO CONFESS JUDGMENT
THEREIN IN THE AMOUNT OF FOUR HUNDRED THIRTY-FIVE DOLLARS
($435.00).
15. Consider setting a date of May 13, 1997, to hold a public
hearing to consider an ordinance closing the alley in Block 16,
Butler Addition located at approximately the 1300 block of E
Avenue. EXHIBITS: APPLICATION; DRAWING OF PROPOSED CLOSING;
COUNCIL POLICY 5-1. ACTION: Set date of May 13, 1997, to hold a
public hearing to consider an ordinance closing the alley in
Block 16, Butler Addition.
16. Consider accepting a water line project from Dr. McGath,
M.D., acknowledging a county utility permit, permanent easement
grant and a maintenance bond. EXHIBITS: COUNTY UTILITY PERMIT;
PERMANENT EASEMENT GRANT; MAINTENANCE BOND. ACTION: That the
water line project be accepted with the County utility permit,
permanent easement grant, and the maintenance bond.
17. Ratify the action of the Lawton Water Authority concerning
the approval of a lease agreement with School House Slough, Inc.,
c/o Kent Waller, President, for School House Slough Concession,
Lake Lawtonka. EXHIBITS: NONE. (See Lawton Water Authority)
ACTION: This item was pulled due to action of the Lawton Water
Authority.
18. Ratify the action of the Lawton Water Authority concerning
the approval of a lease agreement with Bobbie Colon for
Fisherman’s Cove Concession, Lake Ellsworth. EXHIBITS: NONE. (See
Lawton Water Authority) ACTION: Ratify Lawton Water Authority
action to approve lease agreement.
19. Ratify the action of the Lawton Water Authority selecting
Bank of Oklahoma to act as Trustee of the City of Lawton Landfill
Trust. EXHIBITS: NONE. (See Lawton Water Authority) ACTION:
Ratify Lawton Water Authority action to select Bank of Oklahoma
to act as Trustee of the City of Lawton Landfill Trust.
20. Ratify the action of the Lawton Water Authority approving
a trust agreement establishing financial assurance for the
closure and/or post-closure care of the City’s landfill facility.
EXHIBITS: NONE. (See Lawton Water Authority) ACTION: Ratify
Lawton Water Authority action to approve a trust agreement
establishing financial assurance for the closure and/or post-closure care of the City’s landfill
facility.
ITEM 21 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.
22. Consider accepting the Rogers Lane Waterline Replacement
Project 95-10 as constructed by Dobbs-Washita Construction, Inc.
and placing the Maintenance Bond into effect. EXHIBITS: NONE.
ACTION: Accept the Rogers Lane Waterline Replacement Project 95-10 as constructed by Dobbs-Washita Construction,
Inc. and place
the maintenance bond into effect.
23. Consider awarding contract for automatic gas chlorine
changeover system. EXHIBITS: VENDOR’S MAILING LIST; PROPOSAL
TABULATION; RECOMMENDATION. ACTION: Award contract (Item 1) to
Capital Controls/Automatic Engineering, Inc., Tulsa, OK, and
authorize execution of contract.
ITEM 24 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.
25. Consider awarding contract for copper and brass. EXHIBITS:
VENDOR’S MAILING LIST; BID TABULATION; RECOMMENDATIONS. ACTION:
Award contract to Water Products, Inc., Owasso, OK, and authorize
execution of contract.
26. Consider awarding contract for CAD workstation. EXHIBITS:
VENDOR’S MAILING LIST; BID TABULATION; RECOMMENDATION. ACTION:
Award contract to Tri-Star Computer, Tempe, AZ, and authorize
execution of contract.
27. Mayor's Appointments. EXHIBITS: NONE.
COMMISSION ON THE STATUS OF WOMEN:
Janet Carpenter, Ward 1, Term: 3/9/97 to 3/9/99
Pauline Clyburn, Ward 1, Term: 3/9/97 to 3/9/99
Arlie Wade Hampton, Ward 8, Term: 3/9/97 to 3/9/99
Cathy Williams, Fort Sill, Term: 3/28/97 to 3/28/99
28. Consider approval of payroll for the period March 10 to
23, 1997. EXHIBITS: NONE.
Mayor Marley asked that Item 17 be removed due to Lawton Water
Authority action. Williams asked for separate consideration of
Item 24. Green asked for separate consideration of Item 21.
MOVED by Shanklin, SECOND by Green, to approve the Consent Agenda
items as recommended with the exception of Items 17, 21 and 24.
AYE: Maples, Williams, Dutcher, Purcell, Shanklin, Beller, Green,
Warren. NAY: None. MOTION CARRIED.
21. Consider awarding a construction contract for the Lawton
View CDBG Waterline Project 96-6 to S.M. Burk Mechanical
Contractors in the amount of $239,140.00. EXHIBITS: BID
TABULATION OF MARCH 11, 1997; TWO LOCATION MAPS.
Green said she wanted it to be publicly stated that this work
would be done, and that in the past there had been similar items
on the consent agenda that were approved but that residents did
not know the work was planned.
MOVED by Green, SECOND by Beller, to award the construction
contract for Lawton View Waterline Project 96-6 to S.M. Burk
Mechanical Contractors in the amount of $239,140.00. AYE:
Williams, Dutcher, Purcell, Shanklin, Beller, Green, Warren,
Maples. NAY: None. MOTION CARRIED.
24. Consider awarding contract for water meter boxes 18" with
lids. EXHIBITS: VENDOR’S LIST; BID TABULATION; RECOMMENDATION.
Williams reviewed prices of this contract and it was clarified
that the recommended vendor was Water Products, Inc., and not
American Waterworks Supply.
MOVED by Williams, SECOND by Warren, to award the contract to
Water Products, Inc., Owasso, OK, and authorize execution of
contract. AYE: Dutcher, Purcell, Shanklin, Beller, Green, Warren,
Maples, Williams. NAY: None. MOTION CARRIED.
BUSINESS ITEMS:
29. Pursuant to Section 307B4, Title 25, Oklahoma Statutes,
consider convening in executive session to discuss a pending
civil suit styled Hallco, et al. vs. City of Lawton et al., Case
No. CIV-95-885-M, in the United States District Court for the
Western District of Oklahoma, and, in open session, take
appropriate action. EXHIBITS: NONE.
30. Pursuant to Section 307B4, Title 25, Oklahoma Statutes,
consider convening in executive session to discuss a claim of
Charles T. Taylor, and take appropriate action in open session.
EXHIBITS: NONE.
31. Pursuant to Section 307B4, Title 25, Oklahoma Statutes,
consider convening in executive session to discuss a pending
civil suit styled Oscar Aguilar vs. City of Lawton, Case No. CJ-96-825, in the District Court
of Comanche County, and in open
session appoint a representative to attend the settlement
conference. EXHIBITS: NONE.
MOVED by Williams, SECOND by Green, to convene in executive
session to consider items so listed on the agenda. AYE: Purcell,
Shanklin, Beller, Green, Warren, Maples, Williams, Dutcher. NAY:
None. MOTION CARRIED.
The Mayor and Council convened in executive session at 9:15 p.m.
and reconvened in regular, open session at 9:25 p.m. with all
members present upon roll call.
Cruz reported the Mayor and Council met in executive session to
consider three items on the agenda; Item 29, Hallco v. City of
Lawton and others, we ask that the Council authorize the City
Attorney’s staff to take whatever actions are necessary to
protect the City’s interest in this case.
MOVED by Warren, SECOND by Dutcher, to authorize the City
Attorney’s staff to take whatever actions are necessary to
protect the City’s interest in the Hallco case. AYE: Beller,
Green, Warren, Maples, Williams, Dutcher, Purcell, Shanklin. NAY:
None. MOTION CARRIED.
Cruz said Item 30 is a claim by Mr. Taylor and no action is
needed.
Cruz said Item 31 is Oscar Aguilar v. City of Lawton. He
requested that Council member Green be designated as the City’s
representative at the settlement conference.
MOVED by Dutcher, SECOND by Maples, that Council member Green be
designated as the City’s representative at the settlement
conference in the Aguilar case. AYE: Green, Warren, Maples,
Williams, Dutcher, Purcell, Shanklin, Beller. NAY: None. MOTION
CARRIED.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.
Shanklin said about a year ago he made a motion and Council
approved $3,000 for summer help, and apparently the motion was
not made right but nothing was ever brought back to say what was
wrong and consequently no help was given. He asked if the help
would be available this year. Schumpert said he was receiving
incomplete answers and was seeking an answer from staff as to
whether this is needed or if some other method was being planned,
and that an answer had not yet been received. Schumpert said he
felt he would be able to give an answer by the next Council
meeting.
Maples asked why nothing was brought back to Council. Shanklin
said it was for part time help to get the ball diamonds ready.
Schumpert said the explanation he received was that the work was
accomplished through other means.
Purcell said there are two businesses on the east side of town
that continue to park 18 wheelers illegally against city codes,
and he asked the City Manager to begin taking action. He said if
needed, he would check daily and make phone calls when the
vehicles are there. Purcell said one has already gone to court
and been arraigned but the violation continues; another seems to
not respond. He asked that this be pursued until the message is
received that citizens do not want the 18 wheelers parked near
residences. Purcell asked that citations be issued on a daily
basis if that is what it will take.
Williams said he received a call from a resident who had spoken
to the Assistant City Manager and the Police Chief regarding the
habitual abuse of motorists running red lights. He said there was
a fatality not too long ago at the intersection of Sheridan and
Cache Road on that very item, and it can be seen daily. Williams
asked if there was some kind of action, aside from police
enforcement, that the City could take like a public awareness
campaign that this is a loss of human life and that we should
minimize this.
Schumpert said some cities put all the lights on red for a couple
of seconds to prevent accidents and allow traffic to clear the
intersection. He said he would look into it. Williams said a lot
of the lights take a long time to change but that some thought
along this line would be appreciated.
Beller suggested a statement be included on utility bills for
businesses that the time was approaching for license expiration.
He said he felt this would be a good public relations effort.
Beller said this morning at the Airport Authority meeting there
was discussion of the change over of the radar approach process
at Fort Sill; there are still some concerns with the Airport
Authority and other members of the community that maybe we jumped
on that band wagon a little too quickly and there are serious
concerns as to how the transition would take place, would it
affect any type of degradation to the artillery center at Fort
Sill and it is our position that we want to protect Fort Sill in
all possible ways. He asked that we look into a position paper
for the City Council members to look at to see what our position
is as far as the transferring the radar approach process to
Shepard Air Force Base. Beller said there are a few very
ambiguous statements and paragraphs in the memorandum of
agreement that are of concern, and there is a possibility it may
hurt Lawton, or help Lawton if we do in fact move the radar
approach to Shepard Air Force Base.
Green said on the Dunbar Project, a basic plan has been submitted
to CDBG/Housing, and the second hold up was the Great Plains
Improvement Foundation will be going in as the renters in the
building and they have presented their plan. She said she
understood a 108 loan and presentation would be made to Council
on April 8.
Mayor Marley said discussion was held at the last Council meeting
about a letter regarding the Fort Sill family entertainment
center. He said the Chamber of Commerce received a similar letter
that was to reflect the desires of the merchants in the area.
Mayor Marley said two weeks ago there appeared to be no problem
as far as the City, per se, was concerned and the general
response of the Council was to go ahead and send the letter
saying it was all right. He said he had not sent the letter and
still had it because since that time, and the newspaper reported
that, there has been a tremendous amount of activity by business
persons not necessarily completely objecting, but having a lot of
questions regarding a level playing field. Mayor Marley said the
Chamber had a meeting yesterday and Mr. Gatti’s Restaurant and
the Putt Putt Golf Course expressed a concern as to whether the
center would pay taxes and so forth, and there are questions that
cannot be answered yet.
Mayor Marley said COL Brown, Deputy Installation Commander at
Fort Sill, came to his office this morning and talked with he and
the City Manager, showing a conceptual arrangement. He said no
one has done this before and Fort Sill selected by the Department
of the Army to be the experimental case; the question of taxes
has never been asked. Mayor Marley said he brought this up
because Council has said to send the letter of approval, and from
the City government side, that would be fine, but that the City
should probably act in concert with the Chamber of Commerce
because at the current time they are debating this and there is
more information needed. He said with Council permission, he
would wait on sending the letter because he felt the City should
be in concert with the Chamber of Commerce on this issue because
those who are expressing concerns are also citizens represented
by the City.
Maples said the only reason people are fearful of this is
competition and that is not right. She said Lawton itself would
love to have such an entertainment center, but no one wanted the
competition. Mayor Marley agreed and said he did not think the
local businesses objected to the center being there but wanted to
make sure the playing field is level, in other words, if they
have to pay taxes, the other business operator should also. Mayor
Marley said Fort Sill offered the land, but it will be a private
contractor doing a plan for the business and the contractor will
have no federal government benefits so they should have to pay
taxes, but it is not precise yet because it has not yet been
finalized and is a conceptual idea, so it is a difficult
situation to analyze and the Chamber has some reservations about
it only from the fact that they do not have some answers. Maples
said she thought the letter of support should be sent.
Williams said he was not present at the last meeting and
suggested the City hold off on sending the letter from the
standpoint of trying to identify the criteria. He said there may
be state or city taxes involved and whether local citizens would
be able to participate. Mayor Marley said the guest issue was
discussed this morning and it is not designed to open the doors,
but there is a guest issue and who would determine how many
guests a person could bring with them, and that is one of the
nebulous areas.
Shanklin said the article in the newspaper alluded to the fact
that they had 8,000 trainees, which is wonderful, and that it
would accommodate those 8,000 trainees. He said the problem he
had with the Chamber being concerned would be where the Chamber
is in connection with the prison that is being discussed, and
that he felt the Council should pass a resolution supporting
that. Shanklin said that would be 350 jobs and a $30 or $40
million investment.
Maples said she would rather see the trainees at an entertainment
center than at strip joints hanging out. Mayor Marley said there
are a certain number of weeks before the trainees can leave Fort
Sill; they are free on the weekend but cannot leave Fort Sill,
and that was the basic genesis of this to have something for
those folks who are not permitted to leave.
Shanklin asked if there are 8,000 trainees out there and Mayor
Marley said those were the figures provided. Maples asked if a
vote could be taken on sending the letter. Mayor Marley said not
at this time, but that he would ask that it be placed on the
April 8 agenda for that purpose. Beller said some of the citizens
who had heard a comment that Fort Sill wanted to have a community
within a community were concerned about that, and that he would
not want to support a separation but would favor a togetherness
of Lawton and Fort Sill. Williams said the new PX and other
activity centers do tend to keep Fort Sill personnel on the base
rather than coming into Lawton. Maples said those people are
entitled to such benefits. Williams said he wanted to work for a
good relationship with the base. Shanklin said not all
communities enjoy the relationship that Lawton and Fort Sill
have.
Mayor Marley said he was in Washington last week and that
everyone knows Lawton Fort Sill and it is the greatest thing the
Army has to showcase. Purcell said there is not a time frame as
to when the letter is required and suggested holding off until
more information is received.
Purcell asked that a resolution be done on the prison as Shanklin
had suggested.
Schumpert said he and the Mayor met today with a group of
individuals about a community intake center or assessment center,
which is a place where police officers could take juveniles and
turn them over to such a facility and the officers would go back
to work and the center personnel would process the juvenile
through the appropriate system. He said there had been meetings
with the juvenile bureau, the district judge, city attorney and
police chief; last information was that Marie Detty who had put
in for the grant was going to withdraw; a meeting was held today
and that is now back on the table and Marie Detty and juvenile
bureau will hopefully agree on a process for this. Schumpert said
it would certainly help the police officers as far as juveniles
are concerned. He said this is possible primarily through the
efforts of the Speaker of the House, Mr. Benson.
Shanklin asked what the cost would be. Schumpert said there would
be no initial cost but the federal money would run out in three
years and state money would run out in five. Schumpert said it
would then be similar to the juvenile detention center where
cities pay a fee for each juvenile, and it would be a regional
center for juveniles throughout the county; if it is a success,
state support may also continue. Schumpert said the cost of the
center is not known at this time. Shanklin said it would have to
help because too many times the officers have to turn them loose.
Mayor Marley said Mr. Leo Fallon, Mayor at Frederick, is in
Memorial Hospital and has been diagnosed with cancer. He was
wished well.
Williams asked if there was an idea on when the Museum
construction would be completed and when it would be turned over
to the City. Schumpert said the contractor is working on the
punch list and there is some disagreement about the bad weather
and non-work days, and that the information can be furnished.
Williams said there is some concern in one respect that maybe the
City would accept it as complete, although some deficiencies may
exist, only for the Institute to have to inherit those
deficiencies, and some reassurance may be needed that this will
not happen. Schumpert said the Council would have to accept the
project and place the maintenance bond into effect so that would
likely not happen.
Maples wished everyone Happy Easter and asked that everyone
remember the real reason the holiday is celebrated.
There was no further business to consider and the meeting
adjourned at 9:45 p.m.
________________________________
JOHN T. MARLEY, MAYOR
ATTEST:
___________________________
BRENDA SMITH, CITY CLERK