Month 1997-4 April
Meeting of 1997-4-08 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
APRIL 8, 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 6:10 p.m. Notice of meeting
and agenda were posted on the City Hall bulletin board as
required by State law.
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
CONSIDER MINUTES OF LAWTON CITY COUNCIL REGULAR MEETING OF MARCH
MOVED by Warren, SECOND by Williams, for approval of the Minutes.
AYE: Beller, Green, Warren, Maples, Williams, Dutcher, Purcell,
Shanklin. NAY: None. MOTION CARRIED.
Ruth Craig, 403 NW 29th Street, said she understood the City had
been told by the EPA to repair the sewer system and recommended
that funding be obtained through sales tax. She suggested a few
be done each year over a 15 year period, starting with the oldest
ones, but not to put in any more new sewer lines until the
existing ones are repaired. Craig said tests showed a great deal
of grease in the sewer lines and asked that residents not put
grease in the sewers.
Craig said she would like a program started where senior
citizens, when they must move from their homes, could come to the
Planning Department to have a developer give an appraisal price
of the property and the owner could let the City have the
property for that price.
Comments by Tony Virtu are included verbatim as follows:
"$300,000 over the last few years has been spent by you in
interest payments on judgments rendered against the City. These
judgments range mainly in the $400 to $500 range. One of the
reasons you lose is because nobody wants to talk to anybody else.
It goes a long way in saying hi, how you doing, you got a
problem, lets talk about it. OK, so you waste $300,000 of the
public taxpayers money. The City Attorneys Office has an
account called professional services, thats for outside lawyers.
I guess it doesnt matter that he runs somewhere in the
neighborhood of $80,000 over his budget for that in the past
couple of years, thats per year. Its the taxpayers money, you
dont have to sit down and talk to anybody about it and try to
save taxpayers money, thats OK.
I filed a claim on February 10th, I asked for a two week
provision on an emergency, I didnt get it, nobody wants to talk
to me. In the little thing they gave me about claims against the
City they say oh, it should take about eight to ten weeks. Its
eight weeks, nobody wants to talk to me. In about 30 days, this
claim will be 90 days old, which means it will be automatically
dropped, which means that anything I have to present to this
Council or anyone else about police misconduct, corruption,
possible criminal conspiracy, you wont have to hear it. That
means you can say, oh, I didnt know about that. Thats called
deniability. Remember Nixon, Reagan and now Clinton, they all got
deniability. Im still living on the street, you people owe me
money. You have my clothes, you have my personal affects, you
have everything, its in your control. All the City Attorney
wants to say to people is we dont care, take it to court. I
Again, its the taxpayers money. Id like to say its my money
but because of you people I cant pay taxes because I dont earn
any. Keep your deniability, keep your heads in the sand, all I
want to do is sit down and talk to someone about this. You can
cover it up or you can check it out. If what I say is untrue, I
will file a claim with the police, if what I say is untrue,
thats called filing a false police report, then put me in jail.
Thats a crime. But the police wont take my report, the police
wont take my complaint that I was robbed. They threw me out of
the police station. The City Attorney doesnt want to hear about
it. The Mayor, when asked a specific question, why will you not
speak with this man about a solution to the problem, he answers I
have spoken with him, and hes telling the truth, as a
politician, its called quibbling. He spoke to me about the
problem, but no one wants to speak about the solution. You would
prefer to spend taxpayers money in district or federal court and
lose like you normally do. Thank you."
Robert Lyons said they wanted to talk about Harrell Park behind
Hastings. He said the bicycle jumps are being bulldozed down, and
that he, his brother and five of his friends here are bicyclers,
and two of the parents are present to support this, and the only
thing they ask is that crews stop bulldozing. Lyons said they are
all members of the American Bicycle Association and want the
bulldozing to stop so they can have something to do after school.
Jonathan Lyons said he was told they were bulldozing in Harrell
Park because of motorcyclists riding through the park. He said he
had not seen any, but his friends had seen them once, they were
told to stop and have not returned. Lyons said they want to be
able to have something to do on the weekends and weekdays, be
with friends and ride. He said he went to the park yesterday to
do some jumping and found they had been bulldozing the park.
Lyons said he talked with some friends and they came tonight to
ask that this be stopped.
Mayor Marley asked for an address as a point of contact. Lyons
said 2402 NW 80th Street, Lawton, Ward 6. Maples said the park is
in Ward 1.
Preston Dewolf said he has two boys that ride, and that there is
really nothing in Lawton for kids to do after school if they do
not participate in sports. He said he knows most of the kids in
this situation, they are pretty good kids but are kind of walking
the line between maybe getting in trouble or trying to stay out
of trouble. Dewolf said it is a public park and many may not want
the kids down there, but there is nothing for the kids to do. He
said if the kids should not be in this park, the City may want to
produce a place where the kids could ride and do BMX racing.
Dewolf said they travel to Oklahoma City, Tulsa, and Wichita,
Kansas, so the kids can race the bicycles, and it would be better
for the kids to peddle bicycles than drugs. He gave his address
as 7004A SW Stratford.
Maples said she grew up in that park and enjoyed bicycles, and
that Mr. Warren also grew up over there. She said they could
count on their full support and asked that the bicycle ramps be
put back up.
Mayor Marley said the Director of Parks & Recreation would get in
touch with the residents to see where we go from there.
1. Ratify the action of the Lawton Water Authority concerning
the approval of a lease agreement with School House Slough, Inc.,
for School House Slough Concession, Lake Lawtonka. EXHIBITS:
NONE. (See Lawton Water Authority)
2. Consider assigning the Lessors option to purchase the
fixed assets of Mrs. Harrell Moore to the School House Slough,
Inc. EXHIBITS: NONE. (See Lawton Water Authority)
Mayor Marley said Items 1 and 2 have been tabled to the next
meeting by the Lawton Water Authority.
3. Hold a public hearing and consider approving an ordinance
amending the Land Use Plan from Residential Single-Family and
Duplex to Commercial and Office and a change of zoning from R-1
(Single-Family Dwelling District) to C-1 (Local Commercial
District) zoning classification located at 505 N Sheridan Road.
EXHIBITS: ORDINANCE NO. 97-16; LOCATION MAP; APPLICATION FOR
AMENDMENT TO THE LAND USE PLAN AND REZONING; SITE PLAN; LMAPC
MINUTES OF MARCH 12, 1997; PETITION OF PROTEST.
Bob Bigham, City Planner, said the transparency on the back wall
indicates the location, which is five lots south of Ferris on NW
Sheridan Road. The owners are John and Sandra Amburgey, the
applicants are Steve and Tracy Rich. Intended use of the request
is a beauty shop. Tract is one-third of an acre, or one platted
lot, in Morford Addition; it is bounded by R-1 on the south and
east, C-1 on the north, C-5 on the west across Sheridan Road.
Surrounding land use is business and professional office to the
north, vacant to the south, single-family to the east; and
Nottingham Plaza to the west across Sheridan Road. Notice of
public hearing was mailed to 16 property owners within 300 feet
and was properly published. Several telephone calls have been
received; call was received from Richard McGlothlin of 2123,
which is Lot 20 at the corner of Columbia and Sheridan,
supporting this request. Letters were received today, and
distributed to Council, from Bob and Sharon Dismuke and Jimmy
Walker supporting the request. Calls in opposition were received
from James Cobb and Johnny West.
The LMAPC held a public hearing on March 12, four persons spoke
in favor and six persons spoke in opposition. The LMAPC
recommended approval of this request. He said a protest petition
was received and was provided in the packet. Petition contains 24
signatures representing 23 lots; transparency was shown
identifying locations of those protesting the request. This
represents 22% of the notification area and does not require an
increase in Council vote.
Beller asked if the petition had been presented at the LMAPC
meeting also when this was approved. Bigham said it was received
April 3, which was after the LMAPC meeting. Beller asked if the
residents were notified in time that the petition could have been
at the LMAPC meeting. Bigham said yes.
Mayor Marley asked what a professional office zoning would do as
far as opening the beauty shop. Bigham said the reason C-1 was
requested was for operation of a retail beauty shop and C-1 is
the most restrictive category that a beauty shop can go in;
professional office district only permits business and
professional office and does not allow a beauty shop.
Purcell asked if Lots 16 and 17 are currently zoned C-1. Bigham
said Lots 15, 16 and 17 are zoned C-1. Purcell asked if Lots 19
and 20 are zoned R-1. Bigham said yes, but an application is
pending on Lot 20 for a professional office district zoning.
Shanklin said over the ten years that these requests have been
coming before Council, every applicant has said he would put up a
barricade to separate the people to the east, and that has not
been done on one piece of property where the applicant appeared
before Council and said he had no problem doing that. He asked if
the fencing would be done. Bigham said that is a specific code
requirement for screening between C-1 and R-1 and is in process.
Shanklin said people own these homes and intend to live there,
and understand there will be a zoning change from R-1 to some
type of commercial, but it would be palatable to them to go to
the professional office. He said the lot to the north is
professional office, and that Mr. Dismuke uses the alley, which
he really should not be allowed to do; it was set up when it was
passed that they would not go into that alley. Shanklin said
speed barriers may be needed or a barricade across one end where
the alley could be accessible only by the utility companies to
stop that type of vehicular traffic. He asked that the residents
be kept in mind when acting on this item.
Beller said he looked at the alley and sat in the Sheridan Bank
parking lot for an hour and a half observing traffic; the sign
that says one way is set south of the Dismuke entry way about 20
feet, obviously to give access at the rear of their location. He
said he saw no one speeding, and it is easy to allege these
things but if a study were made, we would likely find that the
speeding is not there, or at least he could not find it.
Beller said a beauty salon cannot be put in a professional office
classification and asked why Council would deny the use of this
lot when adjacent to it is a C-1 classification. He said Sheridan
Road is a thoroughfare which should be commercial from one end to
the other. Beller said once you get past the first row of houses
to the east, the noise does not carry back into the neighborhood.
He said he understood the concern to keep the neighborhood
serene, but that Sheridan Road is a commercial area. Beller said
Dismukes property is C-1 and it has not ruined the neighborhood.
Shanklin said it has not helped it.
Williams said the LMAPC minutes contain a statement where the
Riches did not advocate using the alley and that the parking
would be accessible only from Sheridan Road. He said if the idea
is to have the building on the rear of the lot and to park in
front, he would not know what the use of the alley would be.
Purcell said at some point a decision would have to be made that
all the lots on the east side fronting Sheridan Road would be
commercial. He said it may be delayed but would eventually
happen. Purcell said most of the concern appears to be with the
alley and if access to the commercial businesses from that alley
could be cut off perhaps that could be considered, or more
Shanklin asked Council to consider the feeling of the residents
who know this will go but that professional offices would be more
PUBLIC HEARING OPENED.
James Cobb, 2117 NW Columbia, said he and his wife selected the
neighborhood because of the beauty and because it is dynamic with
a good mixture of retired people, established families who have
spent the money, time and effort to remodel and upgrade the homes
and do beautiful landscaping. He said many like himself are
moving in, beginning to remodel, and rejuvenate the neighborhood,
so it is not a dead or dying neighborhood. Cobb said he was
concerned that what is set here will be a precedent for the
Cobb said the petition was not turned in until a few days ago;
they are first time home owners and just now learning the rules
to the game, and that was one of the things they learned as they
went along. He said a residential neighborhood is designed to be
a safe haven, a quiet place where the kids can play and parents
can relax after a busy day of making money for their families.
Cobb said one of the major things that is important to a
neighborhood is peace and quiet and an absence of traffic. He
said they live very close to Sheridan Road, which is absolutely
saturated. Cobb said even though the lot is around the corner and
facing away from the neighborhood, it will increase the amount of
traffic the residents must deal with. He said the more businesses
that go in along the alley way, the more dangerous it becomes for
his children, and if his five children cannot step outside their
back yard into the alley way and go one-half block down to the
City park, that is a shame.
Cobb said at the corner of Columbia and Sheridan, there is wave
after wave of traffic. This lot is one-half block from a
controlled intersection, and many times cars cover the entrance
to this lot, and traffic is an important issue. Cobb said cars
come on Morford through the neighborhood from both Gore and
Sheridan, and his children must be chaperoned while riding bikes
because it is dangerous. He said some businesses promote more
traffic than others, and they would like to see something built
on the lot, but would like to be able to control what goes there
in the future. Cobb said Mr. Dismuke promised he would not use
the alley but a year later, he did what was convenient, and the
alley is being used. He said he could not allow promises to be
made, but had to go by the statutes and ordinances, and
professional office seems to be the type of zoning which would be
most conducive to the neighborhood.
Cobb said businesses, by nature, generate noise and traffic. He
said when people go home in the evenings, they want to get away
from that. Cobb said if he would have wanted to live in that type
of setting, they would have rented an apartment instead of going
to the expense to purchase and remodel a house. He said many
small businesses look terrible, and that is important to the
neighborhood; professional office encourages landscaping and
encourages those businesses which have much less traffic than
retail stores and many other things that are allowed by C-1
commercial. Cobb said he is worried about subsequent owners and
what can be placed on a lot that is zoned C-1, and there is a
long list of things that can go in, and a longer list available
upon approval by Council. He said if Council desires to consider
rezoning, he would request that it be professional and office for
the good of the neighborhood and the community.
Steve and Tracy Rich, applicants, spoke. Tracy Rich apologized
for causing the stir. She said they wanted to build a beautiful
building and were not talking about a strip mall or a massage
parlor, and agreed that this is a beautiful area. Rich said they
had looked for a house in this area but none are for sale. She
said this will not be a late night business and will not be
staying open until 9 p.m. Rich said their building will set
toward the back of the lot and they would not use the alley. She
said she understood promises had been made, but with their
building at the back of the lot, there is no way they could park
in the back. She said the commercial zoning is required due to
the type of business she wanted to put in.
Rich said she wanted to have an upper class salon that everyone
could be proud of and that the building would be an asset to the
community. She said she did not want to put anyones children in
danger or cause more confusion for the residents, and did not
feel that they would. Rich requested approval of the commercial
D.L. Wigington, 2121 Dearborn, said he had lived at this address
for 46 years and had always been progressive about development in
the community, having served for five years on the industrial
committee, and five or six years on the roads or highway
committees that had the roads and freeways built around Lawton.
He read from his property title, last paragraph, "these covenants
and restrictions and reservations are to run with the property
and shall be binding on all parties and persons claiming under
them until 1973, at which time they shall be automatically
extended for the successive periods of ten years by a vote of the
majority of the owners, and the lots in this, it is agreed to
change said covenants and restrictions in whole or part, the
majority of those property owners in Morford Addition."
Wigington said he had a simple way of expressing this, you cannot
have just a little crack in a door, and you cannot be a little
Jackie Reeves, 2111 NW Dearborn, said she is without of the 300
feet area, and was sure the Riches would build a beautiful
building, but that she hated to see something started on that
side of Sheridan Road in a commercial way because it will be
opened up for others. She said they do have a lot of traffic
overflow and in the seven years she had lived in her house, there
had been more and more families moving in with children. Reeves
said the park is full of children coming and going all the time
and it flows between Dearborn and Columbia. She said she would
hate to see any increase in traffic in the area.
Elizabeth Cobb, 2117 NW Columbia, said she agreed with comments
previously made by the residents. She said beauty shops use
chemicals and such items may be placed in the dumpster in the
alley where children walk to Tomlinson Junior High, and asked
what would be done to prevent children from getting into that
kind of stuff. Cobb said she was concerned about the traffic and
that there are many other locations in Lawton where a beauty shop
could be placed. She said they could live with a professional
office building, and the landscaping requirements are greater and
it would fit better with their area. Cobb said the Planning
Commission invented the P-O zoning just for their neighborhood,
or neighborhoods such as theirs; it is not like Gore, which has
alleys directly behind the houses, a big alley to separate those
houses from the rest of the residents. She said that is not the
case in their area, there is no big alley separating them and
they are directly linked to those businesses. Cobb said they
believed the plat restrictions that said this would stay
residential would have been honored.
Steve Boyce, 2114 NW Columbia, said he wished the Riches success
with the beauty shop but wished they would locate it somewhere
else. He said Purcell used the word "commercial" in describing
the property, and in the zoning, there is a difference between
commercial and professional office, and the residents request
professional office and not commercial.
Boyce said Beller used the phrase "proper use"; and the proper
use is a house since it is zoned R-1 right now. He said they had
spoken at length about whether there would be a barrier or fence
in the alley way, and that is deep concern of the neighborhood
because January 9, 1996, in this Chambers, when the rezoning
request came forward on 305 NW Sheridan, just two blocks south of
this, the Council stated some things to the homeowners of Morford
Addition that have not happened, one of which was there would be
a fence between the property at 305 N Sheridan and the alley way
and the homes. Boyce said the homeowners in this situation must
be concerned due to that, as well as the current alley access for
the businesses. He said the property at 305 N Sheridan is less
than two acres and does not fall within the guidelines of rain
runoff, but it was stated at the meeting that there would be no
additional runoff of water from that property. Boyce said Mr.
Singleton built a beautiful building, however, it has a flat
roof, pitched slightly to the back with a nicely designed
guttering system that drains all the water into the alley and
into the homes and yards of the neighborhood.
Boyce said you can imagine what it is like standing here as a
citizen asking for some defense that this does not happen again,
and why did it happen the first time, why was the water allowed
to run when, to the best of his knowledge, that should not have
happened. He asked why the fence was not up on the property.
Boyce said this does not sound exactly fair to Steve and Tracy
Rich, and that most would think Sheridan Road should be
commercial, but should it. Boyce said a request is coming to
rezone the property at the corner of Columbia and Sheridan for
professional and office for an attorneys office. He said he
spoke with Bigham and found that C-1 is the most restrictive
zoning, and that is true if you are talking commercial, but not
for total zoning, and R-1 would be the most restrictive for that.
Boyce said he did not want to stop progress, but the Red Scissors
Beauty Salon is almost directly across the street; slightly to
the south is Montgomery Wards which has a beauty salon; just
north and east is the Vaska Theater which has a beauty salon; on
Gore, there are more. He said he found it difficult to believe
that the neighborhood needed another beauty salon.
Boyce said the maps show several parks in the area. He said many
families in the area have young children and that many houses are
undergoing renovation. Boyce said the property at Columbia and
Sheridan is being requested for professional and office zoning
and suggested the entire block from the bank to that location be
zoned professional and office, and leave the insurance agent with
the C-1 zoning he has. He said he did not want a beauty shop on
this lot nor did he want it to be zoned C-1, and there is other
property they could move to. Boyce requested the property be
zoned professional and office instead of C-1 so it would tie into
the neighborhood a little better.
Charles Singleton said he helped Tracy and Steve Rich with the
rezoning packet. He said this land has been vacant for many years
and that no one would build a residential home on the lot.
Singleton said he checked with the owner of the property adjacent
to this to the south, Dr. Bob Morford, who will leave his land R-1 so there will not be a change on
that property. He said C-1 is
the appropriate zoning for this, and that as an appraiser, he
could say that for sure.
Singleton said he owns 305 N Sheridan Road and the building is
not complete in the rear, some concrete work remains to be done,
and the fence is not up. He said directly behind the alley of the
property he bought, there are 12-15 foot cedar trees and a chain
link fence. Singleton said as far as the drainage, there will not
be a problem when it is finished.
Shanklin asked how that water would be drained toward Sheridan
Road. Singleton said the parking lot drains to the west to
Sheridan; on the back, there is a channel down the other lot that
runs north and south and that is where the water will go.
Singleton said the water from the west part of the alley goes
that way and goes out the same place. Singleton said the utility
people had done some things and that he had taken his box blade
out there the other day and did some work, but it was supposed to
have been done three weeks ago but he could not get the workers
out there. Shanklin said the problem is that there is not an
easement, but that is someones property that the swale is being
cut into. Mayor Marley said he understood the problem, but the
discussion on the rezoning needed to continue. Singleton said
there is a ten foot easement across the back of his property.
Ben Shelton, Lot 5, 2110 NW Columbia, said he has professional
and office behind him and is satisfied and it will support the
neighborhood. He said the biggest concern with C-1 is that many
small businesses do not survive and that opens up what will go in
there. Shelton said he had not had much luck with the
professional building behind him; his lot has been flooded since
they moved in and it never flooded the two years prior to that.
Shelton said when the utility people came through, they graded
everything across his fencing and it took him two hours to undo
it so his lot would clear; two foot holes were left where the
lines had gone, they were covered lightly and he had to fill his
own holes in. He said he nor the garbage trucks could not get
through the alley, and this is what is happening to our community
with this great development that is going on.
Shelton said he was concerned that the proper development go in,
properly supervised. He said they called the City and were told
that until it is all done, we do not do anything. Shelton asked
what kind of response that was when you cannot even get your
garbage truck down the alley. He suggested the City consider this
is residential with nice homes and nice families taking care of
their areas. Shelton said he was concerned with what goes in on
Sheridan Road because he lives along Columbia and there is a lot
of traffic that goes down Columbia to get into those businesses,
and there is speeding. He said the type of business that reduces
that will be to the advantage of the residents and that he would
support the professional and office district.
No one else appeared to speak. PUBLIC HEARING RECESSED.
Beller said there is an alley separating this property from the
residential property to the rear. He said he did not know why
children would walk down an alley to get to a park and that for
their safety, they should go out the other way, and the park is
not to the rear of the homes. Beller said the adjacent property
is C-1, and the adjoining property is owned by the person whose
family developed Morford Addition.
MOVED by Beller, SECOND by Maples, to approve Ordinance No. 97-16, waive reading of the ordinance,
read the title only.
Shanklin said the park is separated by an alley and the kids that
live on Columbia can go across the alley to the Dearborn side. He
said that is the alley we are talking about. Shanklin said water
is being shedded from 305 and that was not the intent, and that
he was sure the fence would be put up, but it is a quagmire back
there right now between Bell and Columbia in the alley. He said
the residents want the professional office zoning.
SUBSTITUTE MOTION by Shanklin, to zone this property in question
for P-O, professional and office district. Substitute motion died
for lack of second.
Purcell said to correct the record, Mr. Boyce called him last
night after which he read all the minutes provided for the 9
January meeting, and it was not the Council who spoke of a fence,
but one member. He said there was a verbatim quote of insisting
the fence be up.
(Title read by Clerk) ORDINANCE NO. 97-16
AN ORDINANCE AMENDING THE 2020 LAND USE PLAN AND CHANGING THE
ZONING CLASSIFICATION OF THE TRACT OF LAND WHICH IS HEREINAFTER
MORE PARTICULARLY DESCRIBED IN SECTION TWO (2) HEREOF FROM THE
EXISTING CLASSIFICATION OF R-1 (SINGLE FAMILY DWELLING DISTRICT)
TO C-1 (LOCAL COMMERCIAL DISTRICT) ZONING CLASSIFICATION;
AUTHORIZING CHANGES TO BE MADE IN THE 2020 LAND USE PLAN AND UPON
THE OFFICIAL ZONING MAP IN ACCORDANCE WITH THIS ORDINANCE.
VOTE ON MOTION: AYE: Green, Warren, Maples, Williams, Dutcher,
Purcell, Beller. NAY: Shanklin. MOTION CARRIED.
PUBLIC HEARING CLOSED.
Mayor Marley asked that Item 7 be considered at this time.
7. Consider amending the Cooperation Agreement between the
City and Lawton Housing Authority to reduce the annual payment in
lieu of taxes. EXHIBITS: LETTER DATED MARCH 20, 1997 FROM LAWTON
HOUSING AUTHORITY; MEMORANDUM DATED FEBRUARY 20, 1997, FROM CITY
Schumpert said a request was received from the Lawton Housing
Authority; State law requires that local housing authorities make
annual payments in lieu of taxes based on an agreement between
the authority and the local government. He said the City
Attorneys research indicates that the City Council approved the
agreement requiring the payment based on a percentage of the
rental income. Schumpert said amounts of payments for 1996, 1995
and 1994 had been provided. Request from the Authority is to
eliminate any payment, and recommended action from staff, based
on the revenue situation, is to disapprove and continue to
receive the pilot payments.
Shanklin asked what the City wanted to take from the Authority
and why. Schumpert said staff position is that each year the City
has received approximately $8,000 as a payment in lieu of taxes,
and the net effect is to reduce the Citys revenue sources by
that amount and State law requires the payment, which has been
made since the Authority has been in existence. Shanklin said the
Housing Authority is having a tough time and it is taking money
from one pocket and putting it in another.
Purcell said he understood the Citys 1997 budget anticipated
revenue of $8,000 from this source, and if it is not paid, it
would remain with the Housing Authority for their purposes. He
said the Authority and City are separate entities but perhaps the
charge could be $1 or a nominal amount to comply with the law.
Schumpert said the Lawton Housing Authority does not get any
money from the City, so this is not taking it from the right
pocket and putting it in the left pocket, it is taking it from
the left pocket and putting it in somebody elses pocket.
Cruz said State law requires housing authorities to pay a
percentage to the City and the school district, and as long as
they pay something, they will meet the State requirement. He said
the Authority asked that the payment be waived completely and his
response is that it cannot be completely waived, but it can be
Beller suggested the school district provide the same
consideration as the City is being asked to provide.
Rita Love, Executive Director of the Lawton Housing Authority,
said over the last two years, she and the Board have tried to run
the Housing Authority like a business instead of a government
entity, and live within their means. She said difficult decisions
had been made to address all expenditures and tried to look for
resources for income, and it was HUDs recommendation that the
Authority request a waiver on this payment. Love said the
Cooperation Agreement that required this was done in 1965 and it
has remained that way since. Projected amount of this years
pilot payment is $13,990, of which the Citys part would be
$6,455. She said the Council determines how much is to be paid by
the Housing Authority and 50% of that amount goes to the City and
50% would go to the school district, so whatever amount the City
approves will be split between the City and the school district.
Beller asked if the school district had been contacted. Love said
she sent the same letter to the school district, but the amount
is based on what the City Council approves as payment. Purcell
said the Council did not need permission from the school
district, and loss of $6,000 would likely not severely hurt
MOVED by Green, SECOND by Shanklin, to amend the cooperation
agreement with the Lawton Housing Authority and to eliminate the
amount and to set it as $10 for payment, and authorize execution.
AYE: Warren, Maples, Williams, Purcell, Shanklin, Beller, Green.
NAY: None. OUT: Dutcher. MOTION CARRIED.
4. Hold a public hearing and consider approving an ordinance
changing the zoning from A-1 (General Agricultural District) to
R-1 (Single-Family Dwelling District) zoning classification
located approximately at 3801 SW Bishop Road. EXHIBITS: ORDINANCE
NO. 97-17; LOCATION MAP; LMAPC MINUTES OF MARCH 12, 1997.
Bigham said this is an administrative rezoning to rezone Part 1
of Rolling Hills subdivision from agricultural to R-1 single
family which is the current use. He said 70 property owners were
notified; on March 12 LMAPC held a public hearing and one person
appeared with questions but did not oppose the request. LMAPC
recommends approval of the change of zoning.
PUBLIC HEARING OPENED. No one appeared to speak.
PUBLIC HEARING RECESSED.
MOVED by Dutcher, SECOND by Maples, to approve Ordinance No. 97-17, waive reading of the ordinance,
reading the title only.
(Clerk read Title) ORDINANCE NO. 97-17
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 A-1 (GENERAL
AGRICULTURAL DISTRICT) TO R-1 (SINGLE FAMILY DWELLING DISTRICT)
ZONING CLASSIFICATION; AUTHORIZING CHANGES TO BE MADE UPON THE
OFFICIAL ZONING MAP IN ACCORDANCE WITH THIS ORDINANCE.
VOTE ON MOTION: AYE: Maples, Williams, Dutcher, Shanklin, Beller,
Green, Warren. NAY: None. OUT: Purcell. MOTION CARRIED.
5. Hold a public hearing and adopt a resolution declaring the
structures at 1010 SW Monroe Avenue to be dilapidated and
detrimental to the health and safety of the community, and
authorize expenditure of City Council Contingency Funds, if
necessary, to demolish these structures. EXHIBITS: RESOLUTION NO.
Dan Tucker, Building Development Director, presented a video
showing the property containing a main structure and two separate
rental units to the rear. He said owner is the estate of Jimmy
Cann, deceased; there are no unreleased mortgages. Structures are
vacant and open to entry; interior has sustained structural
damage and vandalism. Those listed in the estate as having an
interest were notified and no response was received.
Shanklin asked if CDBG funds are used, would they be returned
eventually. Tucker said there is no CDBG funds remaining and the
recommended funding source is Council Contingency. Tucker said
the rules would be the same where the City would be reimbursed at
the end of it, but it does take a while.
Beller asked the approximate cost for this. Tucker said the track
record is $1,000 to $2,000, but the exact cost for this is not
known. Dutcher asked the balance of the Council Contingency and
Schumpert said approximately $109,000.
PUBLIC HEARING OPENED. No one appeared to speak.
PUBLIC HEARING CLOSED.
MOVED by Shanklin, SECOND by Green, to provide the funding to
demolish the structures at 1010 Monroe from the Contingency Fund,
with provision that we will pursue those funds when an heir is
identified and the property is sold or transferred, and adopt
Resolution No. 97-39. AYE: Williams, Dutcher, Purcell, Shanklin,
Beller, Green, Warren, Maples. NAY: None. MOTION CARRIED.
(Title only) RESOLUTION NO. 97-39
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
6. Hold a public hearing and adopt a resolution declaring the
main structure at 808 SW E Avenue to be dilapidated and
detrimental to the health and safety of the community, and
authorize expenditure of City Council Contingency Funds, if
necessary, to demolish this structure. EXHIBITS: RESOLUTION NO.
Tucker presented a video of the structure showing a large, two
story, dilapidated structure which is open at this time.
Structure has been vandalized on the interior; exterior and roof
are in poor shape. Property owner has told staff she intends to
demolish and remove the structure. Video showed where an upstairs
toilet had fallen through a weakened floor.
Tucker said the resolution allows the property owner 15 days to
come in and obtain a demolition permit; once the permit is
obtained, the owner would have 90 days in which to complete the
work. The resolution provides that if the property owner fails to
obtain the permit, the staff can go out on contract and bid the
PUBLIC HEARING OPENED.
Steve Newcombe, attorney representing Chung Graham, owner, said
Ms. Graham recently tore down the structure next to this house
and will make arrangements to tear this house down. He said they
will need about 90 days to do so because the person who is
tearing the structures down is salvaging some of the materials as
he is demolishing the house. Newcombe said he believed they could
get the house demolished and hauled off within 90 days.
No one else appeared to speak. PUBLIC HEARING RECESSED.
MOVED by Shanklin, SECOND by Dutcher, to pass Resolution No. 97-40 giving him two weeks to get
the demolition permit, and the
demolition permit allows 90 days to demolish said structure.
Purcell asked if the house at 812 E belongs to this person also
and Newcombe said yes. Purcell asked if anything is being done on
that structure and Tucker said they are working with Ms. Graham
on that. Purcell asked if Ms. Graham owns the property at the
corner of 8th and E and response was yes, and she boards it up as
best she can but people keep breaking into it and opening it.
VOTE ON MOTION: AYE: Dutcher, Purcell, Shanklin, Beller, Green,
Warren, Maples, Williams. NAY: None. MOTION CARRIED.
PUBLIC HEARING CLOSED.
(Title only) RESOLUTION NO. 97-40
A RESOLUTION DETERMINING A CERTAIN MAIN 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.
14. Discuss the Citys response to the proposed Family
Entertainment Center at Fort Sill and take appropriate action.
EXHIBITS: DRAFT LETTER TO FORT SILL.
Mayor Marley said COL Herb Brown is present if there are
questions. Williams asked if more information had been received.
COL Herb Brown, Deputy Garrison Commander at Fort Sill, said he
was willing to answer questions and did not know what further
information was desired.
Beller asked if funding would be from the Morale and Welfare
Fund. COL Brown said they attempted to get funding from that
source, although it was not available and they are $190 million
in arrears in terms of other projects currently requesting
Beller said when it was first mentioned, it seemed like an
excellent idea to build something for the young soldiers on the
training schedules to be kept busy. He said he did not see how
the City could have any real objections to something being built
on the post that would benefit the troops. Beller said he would
encourage the troops to come to town and that the City was
certainly interested in the sales tax revenue; he asked if this
is geared toward the trainees who are not allowed to leave the
base. COL Brown said that is part of the market and there are
2,500 to 3,000 trainees who are not allowed to leave the
installation for the first eight weeks they are there, but the
soldiers who asked for this were members of a group called Better
Opportunities for Single Soldiers Council, which are permanent
party soldiers stationed at Fort Sill, so this is for them also,
and the families would also want to use the facility.
Beller said concern was expressed by local business persons but
competition is the name of the game, and this would not compete
with them because the primary purpose of this would be to serve
the military that are on the Fort Sill reservation. He said he
would think the City would support that.
Purcell said there has been a lot of misinformation put out on
this about taxes and subsidies. He said there will be no City
taxes on this, but there will be State taxes if a third party
contractor operates this. Purcell said there is nothing to
preclude any local businesses from bidding on this, so they may
compete with each other in that regard. He said he would support
this and that it would be a good thing for the soldiers. Purcell
said he felt there could be some loss of tax dollars, but likely
not a great amount.
Williams asked if civilians could use the facility. COL Brown
said at this point in the planning it would be for authorized
users, ID card holders, but if that were approached by the City,
there could be a discussion of that issue. COL Brown said the
intent in sending the letter to the Mayor and to the Chamber of
Commerce is to maintain a dialogue through the planning process,
and if any such issues came up, they would come back to receive
comment or support.
Williams asked if feed back had been received from the local
chamber of commerce. COL Brown said not at this point, that he
had presented a briefing on the plan, and it is still under
advisement by that body which has not yet responded.
MOVED by Maples, SECOND by Beller, to pass a letter to support
the Family Entertainment Center at Fort Sill.
Williams said he could not go along with this without additional
information. Mayor Marley said the letter went to the Chamber
also and Fort Sill is required to get comments from the City and
the Chamber, and obviously the Chamber will have the concerns of
the retailers who support the Chamber. Mayor Marley said the City
is to respond from the point of view of the local government, and
the Chamber would take the position of whatever their retail
merchants would want them to take.
VOTE ON MOTION: AYE: Purcell, Shanklin, Beller, Green, Warren,
Maples. NAY: Williams, Dutcher. MOTION CARRIED.
8. Consider requests from ZOE Christian Center Church for the
purchase of City owned properties in the Lawton View area for the
purpose of construction of a new church.
EXHIBITS: LETTERS OF REQUEST.
Schumpert said Pastor Sam Moyd, ZOE Church, has submitted a
letter showing an interest in purchasing one of two properties,
offering the sum of $30,000 for approximately three acres. Block
108, Lawton View Addition, is 2.9 acres, and the pastor can speak
to which of the two he would prefer. Schumpert said staff
recommendation is that if the property is sold, that a current
appraised price be obtained.
Cruz said an appraiser would be required to determine a value,
and the cost for that could be paid by ZOE or the City, with it
to be included as part of the purchase price. Beller asked if
this comes under the $50,000 value where a vote of the people is
required to sell the property. Cruz said this was part of the
properties acquired through the urban renewal process, and it is
now in the Citys name; if it is valued at more than $50,000, the
Council can adopt a non-emergency ordinance which stays on the
table for 30 days and if there is no petition to refer it for a
vote, then the sale can go through.
Beller asked if zoning would be such that only a church could be
built on this property. Bigham said the tract on 11th Street is
zoned I-1, and a church is permitted in that zone; the other
tract is zoned R-3, and a church is also permitted in that zone.
Shanklin said it takes a while to develop three acres, as well as
money. He asked if the Christian Center would be able to sell
part of the property to someone else for another use. Cruz said
this will fall under the urban renewal redevelopment agreement,
and there will be a contract where the property would be sold to
them for a purpose and they have a time certain in which to
develop; if they do not complete this within the time specified,
if not extended, the City could take action to revert the title.
Beller asked if the 2.9 acres would come under the pre equals
post as far as drainage. Bigham said yes. Beller asked the pastor
if he was aware that they would be required to construct a pond
on the property. Pastor Moyd said he had not planned to build a
pond. Beller said there was no choice and he wanted to be sure
they understood the requirement. Schumpert said retention is
required; water cannot be released at any greater rate than is
currently released but it would not necessarily mean they would
have to have a pond, there could be 12" or 18" curbs or whatever
and it would depend on what is submitted and approved by the
engineers. Beller said he was trying to draw their attention to
the fact that there is a requirement. Schumpert said retention
would be required on either tract.
Williams asked which property the pastor would prefer. Pastor
Moyd said their first choice is the property from Tennessee to
Texas on 11th Street because on the other site, there is another
church almost right across the street which has congestion and a
parking problem and they did not want to add to that.
Green asked if an appraisal is required and Williams said not
necessarily. Schumpert asked if an appraisal came back at
$55,000, would the Council have the authority to sell it for
$30,000. Cruz said Council may sell it for less than the
appraised value due to the origin of the property; it was
purchased for commercial redevelopment and elimination of blight
and slums, and under the urban renewal law, yes, it can. Cruz
said if Council agrees it should be sold for $30,000, an
appraisal will not be necessary, and an ordinance would not be
needed in that case.
Pastor Moyd said he had blue prints if Council wanted to see
them. He said the property has been vacant since 1967 or 1968 and
the City has not been receiving any revenue from the land. Pastor
Moyd said this would be a community project which would benefit
his church as well as the City. He said they would pay $30,000
for the property and conduct their operation of ministering to
lives in that community.
Frank Pondrom, Director of Housing and Community Development,
said a redevelopment contract would be returned and ZOE would put
up a good faith deposit. He said the action tonight would be to
designate which site would be acceptable. Pondrom said the
property on 11th Street is more valuable for commercial use;
staff recommendation is for the property on 14th Street because
it is oriented toward the neighborhood. Shanklin asked if there
was anything wrong with selling them the property on 11th Street
and Pondrom said either location would be acceptable.
Williams said it does not matter if there is an appraisal, they
are willing to offer $30,000, they will have to put in the
drainage, and there will be revenue from having a building on the
vacant property. He said the group will minister to people and
both sides would benefit. Williams said there are many, many
churches on 14th Street in a six or seven block area.
MOVED by Green, SECOND by Williams, to direct staff to prepare
documents necessary for ZOE Christian Center on the site two plan
for Tennessee Avenue to Texas Avenue from 11th to 12th, and
accept the amount that they have already established, $30,000
regardless of the current appraisal value. AYE: Beller, Green,
Warren, Maples, Williams, Dutcher, Purcell. NAY: Shanklin. MOTION
9. Receive request from United Social Action, Inc., and accept
master plan and cost estimate for the renovation of Dunbar
School. EXHIBITS: COST ESTIMATE; MASTER PLAN.
Schumpert said part of the CDBG funding for this year included
money for Dunbar School; United Social Action, Inc. has received
the school and none of the property belongs to the City, the
Citys total involvement has been through the CDBG funding. He
said part of the funding was based on them bringing back a master
plan showing how the funds would be spent; USA submitted
development costs and indication from two agencies that they
would like to locate in that facility. Preliminary figure is $1.2
million for the renovation. Action at this point is to receive
Green said Council had agreed for this group to receive $60,000
if they would bring back a master plan and cost estimate on
Dunbar. She said the group has got the information together and
asked that Council receive and accept the report, and that the
group had worked very hard on this project.
MOVED by Green, SECOND by Beller, to accept the report.
Purcell said the background shows one figure but the report shows
another. Pondrom said there are two different figures, and one is
from the preliminary report from Mr. Wright and the other is the
one prepared by staff which included contingency amounts for
architects and engineers. Purcell asked if Council is accepting
the report with the figure of $1,189,950, as opposed to the
number in the agenda item.
Mr. Wright offered to give a presentation showing drawings of the
proposed improvements. He said they are not talking about just
the building but a one block project which includes the building,
basketball and tennis courts, a playground and gazebo. Mayor
Marley said the charts had been reproduced in the agenda folder.
VOTE ON MOTION: AYE: Beller, Green, Warren, Maples, Williams,
Dutcher, Purcell, Shanklin. NAY: None. MOTION CARRIED.
10. Consider authorizing expenditure of $60,000 for renovation
of the roof of the Dunbar School. EXHIBITS: NONE.
Schumpert said the initiator is the Director of Housing and
Community Development; however, it is linked to the previous item
on the master plan by United Social Action, which requests the
use of the $60,000 to repair the Dunbar School roof. He said the
amount is not to repair the entire roof, but that portion which
is damaged. Schumpert said staff recommendation is to not do that
but look at developing a listing of services desired and room
space requirements. He said $1.2 million is a significant figure
and some of the entities are being fitted in based on the space
available as opposed to determining what space they need or what
other agencies might be interested if this facility were
available. Schumpert said if staff had an opportunity to look at
the structure, a much better recommendation could be given.
Williams asked if the City will be spending any money on this,
aside from CDBG funds or other grants. Schumpert said until this
time, the only involvement the City has had with the project is
the commitment of CDBG funds; if the roof is renovated, $60,000
will be spent which has already been identified through CDBG. He
said the next step, as shown in the next agenda item, would be to
ask for a loan and an economic initiative grant, and at that
point in time, the City becomes committed to expenditure of
Schumpert said if everything works well over the life of the
loans, there would not be exposure; however, the entity that is
on the line to repay the loans at that time is the City and the
City does then become fiscally involved in the project.
Wright said the $60,000 does include the entire roof of the whole
building. He said preliminary structural investigations were done
on the whole structure and it is their feeling that the main
structure is in excellent structural shape, but the longer it is
open, the more ill effects there will be on the building. Wright
said one of the reasons they separated out the "historical wing"
was that in the opinion of the structural engineer, that is where
more money per square foot would have to be spent than on the
main structure, but this does include roofing that portion also.
He said these are not just estimates but that contractors have
already come in and bid on it, but it does include the entire
Purcell said in the report Council just accepted, it shows the
roof system and insulation as $50,000, and asked whether it was
$50,000 or $60,000. Wright said his estimate was $50,000 and that
he did not know where the $60,000 came from.
Mayor Marley said he assumed the Council had pre-authorized
$60,000 based on them submitting a plan that was acceptable. He
said he did not hear a requirement to determine how they would
use the $60,000. Mayor Marley said the plan has been accepted and
it seems logical to approve the $60,000 and allow them to spend
it as they see fit.
Beller said he felt it should be used for the roof because that
was a very important part. Wright said they had been trying to
get the money for some time and would have liked to have had a
roof on there before last winter; many citizens have volunteered,
cleaned up the building, secured it but others unsecure it.
Wright said when he was hired to do this, he was presented a list
of things they had to fulfill in order to get the funds that had
been allocated and those things had been done.
MOVED by Beller, SECOND by Green, to approve the $60,000 for the
Shanklin said he did not agree and asked if this was from a
historical perspective or if it was something that would be
remodeled. He said the building is out by itself and there is
already a nice facility on S 11th Street, and that he did not see
spending this much money or how this could be successful. Beller
said he understood that a previous Council had allocated the
$60,000. Green said the previous Council stated that they needed
to return with a master plan showing actual costs. Shanklin asked
why you would spend $60,000 if you do not know where you will get
the rest of the money to do the renovation.
Rev. Wesley Woodard, pastor of the St. James Missionary Baptist
Church, 1619 Pennsylvania, and resides at 1601 SW Pennsylvania,
and has been there since August. He said immediately upon his
arrival in Lawton he latched on to the Dunbar Project and became
a board member. Woodard said it is not sitting out there alone
and there are 30 youth in his church, and the church supports the
use of the building for the economic purposes of the community.
He said there are youth in the churches trying to develop an
ebonic language or something to latch on to, and the community
center will be something they can latch on to culturally, as well
as historically, that has some deep emotional ties and not just a
building sitting out next to an airport. Woodard asked that
Council consider those emotional values to the community and to
those minorities of various types who will use the facility to
re-educate them and train them to become useful citizens and
provide an income and place taxes back in the community. He said
at this point they are only asking Council to approve what they
had previously stated they would do so that they might show that
they have the ability and are unified in an effort to show they
can build the building.
MOVED by Green, SECOND by Purcell, that $50,000 be granted, as
shown in the developers estimate, for the roof, and that the
other $10,000 be used for other minor repairs that are needed,
such as broken windows, at the Dunbar Center, and ask that they
also cooperate with staff and bring in their specs and their bid
documentation and construction management for the renovation of
the roof and the minor infractions for the $10,000.
Shanklin asked where they intended to get the final funding for
this project and response was that it is shown in the next item.
Shanklin said he thought staff would tell you that they could
pick out a better spot at a lesser cost that would be more
centrally located and Schumpert agreed. Schumpert said when we
originally talked about using CDBG funds for this project, there
was an indication that the funds needed for renovation would be
raised from other sources, which were not identified; now what we
have is approximately $1.2 million needed and the City is being
asked to commit to a structure which does not now nor has it ever
belonged to the City. Schumpert said this is to spend $60,000 on
a structure that will require $1.2 million, and maybe more when
an architect or engineer looks at it. Schumpert said his
reluctance is spending $50,000 or $60,000 and then spending $1.2
million, and if you combine the two, you could build a fairly
nice, brand new facility which might better meet the needs of the
agencies or entities which intend to use the community center.
Mayor Marley said the City said they would do this provided the
group provided certain items, which they have done, and it is
incumbent on the City to honor its previous statements in good
VOTE ON MOTION: AYE: Green, Warren, Maples, Williams, Dutcher,
Purcell, Beller. NAY: Shanklin. MOTION CARRIED.
11. Consider applying to the Department of Housing and Urban
Development for a Section 108 Loan and an Economic Initiative
Grant for the renovation of Dunbar School, and setting a public
hearing date to receive citizen input on the application.
Pondrom said presentation of the master plan was delayed because
they found that $1.2 million was needed, and a solution had to be
found for that situation. He said the proposal was to apply for a
Section 108 loan which is predicated upon an income stream
through tenants that will pay back the loan; if it does not get
paid back, the payments will be deducted from the CDBG funding.
Pondrom said the other part is an economic development initiative
grant to pick up what the other did not cover; however, there is
no funding in this program. He said other sources would be
sought, working with the congressional delegation and
foundations, to try to come up with funding. Pondrom said
Congress did not appropriate any funds this year for the economic
development initiatives, although it may be granted next year and
the City may still want to apply to HUD for a Section 108 loan
and explain the dilemma on this project. He said HUD provides
discretionary funds for many other things and they may be able to
assist in funding the entire project.
Williams asked if the City had to apply for the Section 108 and
Pondrom said the City must be the applicant.
Maples asked if the payments are not made, would the City be in
default and have to pay the loan off. Pondrom said if it is set
up as an approximately $400,000 loan to renovate part of the
building, the tenants would move in and start making rental
payments; the Great Plains Improvement Foundation has agreed to
make payments, as has the Marie Detty Youth. Pondrom said if
those payments are not made, the money would be taken annually
from the top of the community development block grant, which
would be about $40,000 per year over the life of it. Maples said
she did not mind helping, but would not favor funding for the
entire endeavor in this manner. She said Marie Detty and other
places may contract to lease space, but their budget is based
upon their ability to obtain federal grants and if those are
lost, they will not be able to lease the space.
Williams said his concern was if the agencies understand this is
for a 20 year term and that they may end up subleasing or some
arrangement. Pondrom said these two groups would act as any
tenant, and there are negotiations to be done. Williams asked if
United Social Action would have sufficient space for its needs,
after space is leased to Marie Detty and Great Plains. Rev.
Woodard said yes; the programs planned can be done in conjunction
with what the other tenants will be doing. Woodard said the after
school and training programs are being done in the evening in
other locations, so they can merge with the tenants to perform
the services. Space is allocated for United Social Action in the
Purcell said he did not feel there was adequate information to
make a decision and suggested it be tabled. He said he did not
know how you could commit Marie Detty to be in the building for
MOVED by Purcell, SECOND by Shanklin, to table this until we get
further information in order to make some kind of decision.
Green asked if letters of intent had been received. Woodard said
letters have been received from Marie Detty and the Great Plains
Improvement Foundation. Mayor Marley called for a vote on the
motion to table.
VOTE ON MOTION: AYE: Warren, Maples, Williams, Dutcher, Purcell,
Shanklin, Beller. NAY: Green. MOTION CARRIED.
Williams said this is a table and not a "no" but simply means
that more information is needed because it is a large amount of
Council recessed at 8:20 p.m. and reconvened at 8:30 p.m. with
roll call reflecting all members present.
12. Consider authorizing the Floodplain Administrator to
execute on behalf of the community an application to the Federal
Emergency Management Agency (FEMA) for a Conditional Letter of
Map Revision (CLOMR) for Wratton Creek Tributary located in the
proposed Heritage Hills Addition, Part 2. EXHIBITS: MEMORANDUM
FROM ENGINEERING DATED MARCH 27, 1997; LETTER OF TRANSMITTAL
DATED FEBRUARY 19, 1997; PUBLIC NOTICE.
Beller said he was concerned with the statement that the
subdivision will contain improvements in the flood plain. Jerry
Ihler, Public Works/Engineering Director, said two lots will be
filled in that are in the flood fringe, which is allowed by FEMA
and has been reviewed by staff, and the 100 year storm would be
contained within the channel even after these improvements; the
second issue is to correct the map which shows the flood plain to
be in one location, but when you go out there, that is not even
where the creek is located, so it is a correction to the map to
move the flood plain to where the actual creek is located and to
show the 100 year flood. Ihler said Engineering has no problem
with the request.
Purcell said he spoke with Ihler at length today in this regard
due to his concern that 20 years from today there would be a
situation similar to that in other locations. He said he had been
assured that there was an error between what is shown on the map
and what is on the ground. Purcell said if improvements were made
and plotted on the map, the improvements would be in the flood
way, therefore, if the correction is made, the improvements will
be in the flood fringe, which is permissible.
MOVED by Purcell, SECOND by Beller, to authorize the flood plain
administrator to execute an application to FEMA for a CLOMR for
Wratton Creek Tributary located in the proposed Heritage Hills
Addition, Part 2. AYE: Williams, Dutcher, Purcell, Shanklin,
Beller, Warren, Maples. NAY: None. OUT: Green. MOTION CARRIED.
13. Consider approving Change Order No. 2, accepting the
Museum of the Great Plains Addition Project 95-1 as constructed
by Waller Construction Company and placing the maintenance bond
into effect. EXHIBITS: LETTER FROM KENT WALLER DATED MARCH 28,
1997; LETTER FROM PHIL BURK DATED MARCH 31, 1997.
Purcell asked to hear staff recommendation. Ihler said the
recommendation in the agenda is the recommendation of the
architect; however, it should be clarified that in dealing with
change order issues where subcontractors have created problems,
it has always been staffs position that the contractor is
responsible for the actions of the subcontractor, and based on
that, staff recommendation would be that the contractor is
responsible for his subcontractors actions. However, Council
should be aware that this situation has a unique twist in that
there is a third party involved with the project.
Ihler said typically, staff designs the project and bids it out;
the contractor turns in submittals which are reviewed by staff
and returned to the contractor who then constructs the project.
In this project, there is a third, independent party in that the
architect for the project did not work for the City and the
architect reviewed the submittals. The particular information the
contractor has requested a time delay on is for the millwork or
the cabinet work, and in fairness to the contractor, there was
not a timely response in getting back the submittals to the
contractor to allow him to complete the project in a timely
fashion. There was as much as eight months to a year time frame
before the submittal on that particular item got back to the
contractor. Had the subcontractor worked in a timely fashion and
not submitted fabrication that was incorrect and had to resubmit
products, the project still could have been completed within the
time frame, but there was a delay in getting the submittals back
to the contractor.
Maples said the letter from Phil Burk and the letter from Mr.
Waller mention the chalk board. Ihler said the chalk board was
not considered in determining liquidated damages, and the chalk
board was received after the time had stopped.
Purcell said he firmly believed in holding contractors
responsible on the time frame established, but after everything
he had seen on this project and talking with Ihler, he believed
this is an exception to what Council normally sees and is really
not the contractors fault, nor the Citys fault, in this
MOVED by Purcell, SECOND by Beller, to approve Change Order No. 2
accepting the Museum of the Great Plains Addition as constructed
by Waller Construction and place the maintenance bond into
Beller said some of the submittals were held up in City Hall for
a number of months and that should be considered also. Schumpert
said he would like to go on record as indicating that is not
correct. Beller said perhaps he had received erroneous
information and the matter should be resolved before voting.
Beller said he was told by the contractor that the submittals
were held up an inordinate amount of time and asked Ihler if that
was correct. Ihler said the third party was responsible for
reviewing the submittals.
Beller asked what the Citys part was in the submittals scenario.
Ihler said the contract for construction was between the City and
the contractor; the group that prepared the plans and
specifications was responsible for reviewing the submittals. The
Citys responsibility was to receive the submittals from the
contractor and get them to the architect for review; the
architect returns them to the City and the City returns them to
the contractor. Ihler said the City was a go between in this
Shanklin said the McMahon Foundation hired the architect and if
they are not complaining, the City should not complain.
VOTE ON MOTION: AYE: Dutcher, Purcell, Shanklin, Beller, Green,
Warren, Maples, Williams. NAY: None. MOTION CARRIED.
15. Consider approving a resolution in support of locating a
high security prison in Lawton. EXHIBITS: RESOLUTION NO. 97-41.
Purcell said notice had been received by the Chamber and
Representative Ron Kirbys office that a meeting would be held
tomorrow to discuss this and suggested this be tabled to the next
Shanklin asked to comment before a motion is made. He said this
is to try to keep someone from dragging their feet and the
Council is invited to the meeting tomorrow. Shanklin said he
would like to take the resolution to the meeting showing Council
support for the prison.
Beller said he did not see a problem with Council expressing its
support by resolution, and that he was disturbed that the Chamber
says it may be premature. He said he supported the Chamber but
that lately the Chamber had been speaking for the community.
Beller said he would ask people who they had spoken with and the
response was the Chamber of Commerce. He said he would like
people to speak with the community leaders, which would include
the Mayor and probably the City Manager and maybe a Council
Member or two. Beller said the prison is an employment
opportunity, it will not be funded with tax dollars, and the
Council should be included on the beginning discussion sessions
so things do not turn out like Bar-S did where things were
promised that could not be delivered. Shanklin said if there are
problems, it can be rescinded later.
Maples said the only negative comment she had heard was that no
one ever wanted anything like this on their back door. She said
it is an economic opportunity for Lawton, and there are no
problems with the pre-release center located here. Maples said if
anyone escapes, they will not stay in Lawton but would go
somewhere else. She said she felt the City should support this.
Shanklin said this part of the State generates its fair share of
those in the prison system.
Warren said he had received only one negative comment and did not
feel it was premature for the Council to adopt the resolution.
Purcell said one question had been whether any other industries
would be reluctant to locate in Lawton if it had a prison. Maples
said Oklahoma City has several. Maples said she would not be able
to attend the meeting tomorrow and suggested someone ask Mr.
McCord when he was nominated to be the Council spokesperson.
MOVED by Shanklin, SECOND by Maples, to adopt Resolution NO. 97-41. AYE: Purcell, Shanklin, Beller,
Green, Warren, Maples,
Williams, Dutcher. NAY: None. MOTION CARRIED.
(Title only) RESOLUTION NO. 97-41
A RESOLUTION SUPPORTING THE LOCATION OF A PRISON IN LAWTON.
16. Consider submitting a letter of support for a grant
request from the McMahon Auditorium Authority to the McMahon
Foundation for an electronic marquee in the McMahon Memorial
Auditorium parking lot. EXHIBITS: GRANT REQUEST LETTER; PROPOSAL
FROM ARROW SIGN COMPANY; LETTERS OF SUPPORT FROM PERCUSSIVE ARTS
SOCIETY, MUSEUM OF THE GREAT PLAINS.
Schumpert said the current marquee was damaged by a storm and
$3,500 was received for repairs. He said the McMahon Auditorium
Authority discussed whether it would be prudent to install some
type of electronic marquee, which could be programmed for
messages. Schumpert said economic impact would be to operate a
black and white marquee for 18 hours a day, the cost per month
for electricity would be about $300; relamping costs every three
years would be $2,700, and those can be carried within the
Auditorium maintenance budget. Monthly cost for electricity for a
colored light system is $488 and $7,000 every three years to
replace the lamps. Recommendation from Arts & Humanities is for
the black and white marquee and to submit a letter of support for
the grant request.
Williams asked Council to join him in supporting this and
suggested a color sign be requested. He said the facilities are
in his area.
MOVED by Williams, SECOND by Warren, to send a letter of support
for the grant to McMahon Foundation in support of this electronic
sign, a color sign. AYE: Shanklin, Beller, Green, Warren,
Williams, Dutcher, Purcell. NAY: Maples. MOTION CARRIED.
17. Consider funding two labor positions for Parks &
Recreation ball field maintenance. EXHIBITS: NONE.
MOVED by Shanklin, SECOND by Beller, to approve the item.
Purcell said he supported funding this but the funding source is
shown as Council Contingency. He said the budget as of the end of
February shows funds in the budget for personnel for Parks &
Recreation that has not been spent. Purcell suggested the
positions be approved and funding be taken from the Parks &
Recreation budget; if funds are needed, a request should be
returned. Shanklin said he would agree with that.
SUBSTITUTE MOTION by Purcell, SECOND by Shanklin, to approve the
positions with funding to be taken from the Parks & Recreation
budget. AYE: Beller, Green, Warren, Maples, Williams, Dutcher,
Purcell, Shanklin. NAY: None. MOTION CARRIED.
18. Consider authorizing an Adopt-a-Road Program. EXHIBITS:
Bill Baker, Assistant City Manager, said this is an initiative of
the Environmental Concerns Committee. The program will involve
various organizations adopting arterial and collector streets,
but does not include any state highways. ODOT has a similar
program for state highways. Adopting organization must agree to
clean a section of road within 30 days initially and every 90
days thereafter; safety training and release of liability forms
are involved. Public Works/Engineering will provide safety
training and loan out safety vests and signs. The Environmental
Committee wants to be the first group to adopt a road, and hopes
to take this to Cameron University on Earth Day to get people
Beller asked if Cache Road would be considered a state highway.
Baker said no, and that designation is now on Rogers Lane. Beller
said the Cache Road median would require extensive maintenance
due to the recent improvements.
Williams asked if the groups are recognized in any manner. Baker
said Public Works/Engineering has agreed to prepare signs
indicating the next mile or two have been adopted by a certain
organization. Maples said she would like her facility to adopt
11th Street directly in front of the landfill and get that
cleaned up. Baker said that is one of the worst in town.
Green said she had suggested adopt a street and adopt a park
programs and that this should be supported. She asked that the
organization also report any defects in the streets or signs so
proper repairs can be made.
MOVED by Green, SECOND by Shanklin, to approve the program. AYE:
Green, Warren, Maples, Williams, Dutcher, Purcell, Shanklin,
Beller. NAY: None. MOTION CARRIED.
19. Consider approving transfer of funds from Council
Contingency to Mayor & Council and City Managers Budgets.
MOVED by Shanklin, SECOND by Dutcher, to approve the fund
transfer of $3,000. AYE: Warren, Maples, Dutcher, Purcell,
Shanklin, Beller, Green. NAY: Williams. MOTION CARRIED.
Mayor Marley said he and the Council had traveled more
extensively than planned and the funds were needed to cover those
expenses. Williams said his no vote was because he felt the funds
should have been approved during the budget session initially.
20. 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: Gary
and Gloria Bastin; Mark and Diane Keene; Steve and Carol Wegmen,
by and through David Nottingham, Homefinders Realty; Mark and
Donna Gartner, by and through David Nottingham, Homefinders
Realty; and Louise Burton Gray. EXHIBITS: LEGAL
OPINIONS/RECOMMENDATIONS. (Resolution Nos. 97- 42 and 97-43 on
file) Wegmen: $170.00; Gartner: $200.00; Gray: $195.00.
(Title only) RESOLUTION NO. 97-42
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
ASSIST GARY AND GLORIA BASTIN 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 REDUCED AMOUNT OF SIX HUNDRED THIRTY-ONE DOLLARS
AND THIRTEEN CENTS ($631.13.)
(Title only) RESOLUTION NO. 97-43
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
ASSIST MARK AND DIANE KEENE 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 REDUCED AMOUNT OF NINE HUNDRED DOLLARS ($900.00).
21. Consider adopting a resolution ratifying the action of the
City Attorney in filing and making payment of the judgment in the
Workers Compensation case of Vee Morales in the Workers
Compensation Court, Case No. 96-16470X. EXHIBITS: RESOLUTION NO.
(Title only) RESOLUTION NO. 97-44
A RESOLUTION RATIFYING THE ACTIONS OF THE CITY ATTORNEY IN MAKING
PAYMENT OF THE JUDGMENT IN THE WORKERS COMPENSATION CASE OF VEE
MORALES FOR THE AMOUNT OF THIRTY-TWO THOUSAND ONE HUNDRED EIGHTY-FIVE DOLLARS ($32,185.00) PER ORDER
OF THE WORKERS COMPENSATION
COURT, AND FILING A FOREIGN JUDGMENT IN THE DISTRICT COURT OF
COMANCHE COUNTY FOR PURPOSES OF PLACING SAID JUDGMENT ON THE TAX
22. Consider authorizing payment of a Workers Compensation
Order through the Citys Third Party Administrator from the
operating budget in lieu of placing the judgment on the ad
valorem tax rolls. EXHIBITS: NONE. Action: Authorize payment of
Workers Compensation Order on Joyce Whitten, Case #94-22330 A,
through the Citys Third Party Administrator.
23. Consider a resolution authorizing the installation and/or
removal of traffic control devices at specified locations.
EXHIBITS: RESOLUTION NO. 97-45; EXCERPT FROM 3/20/97 TRAFFIC
(Title only) RESOLUTION NO. 97-45
A RESOLUTION AUTHORIZING THE INSTALLATION OF TRAFFIC CONTROL
DEVICES AT CERTAIN DESIGNATED LOCATIONS WITHIN THE CITY OF
LAWTON, OKLAHOMA. Control/location: Install 2-way stop signs at
intersection of 16th and SW McKinley stopping east/west traffic;
Install "25 mph speed limit" sign along 5400 block of Briarwood
Drive north bound; Remove two "stop" signs and install two
"yield" signs at intersection of Kingswood Road and Wycliffe Lane
yielding east/west traffic; Remove regulatory "20 mph speed
limit" and install a warning "20 mph speed limit" sign northbound
along NW 82nd Street at low water crossing between Gore Boulevard
and Cache Road.
24. Consider granting a permit to the Lawton Chamber of
Commerce and Industry (LCCI) for Temporary Landing Facility.
EXHIBITS: LETTER OF REQUEST DATED MARCH 17, 1997; PERMIT FOR
TEMPORARY LANDING FACILITY. Action: Grant permit to Lawton
Chamber of Commerce and Industry for temporary landing facility
(May 10, 1997 at K-Mart Shopping Center for helicopter
25. Consider approving Change Order No. 1 for SE "F" Avenue
Street and Drainage Project 95-7b with T & G Construction, Inc.
EXHIBITS: LETTER FROM MGR, INC.; LOCATION MAP. Action: Approve
Change Order No. 1 in the amount of $23,773.30 for the SE "F"
Avenue Street and Drainage Project 95-7b with T & G Construction,
Inc. Also adds 20 calendar days to project.
26. Consider entering into a contract with Mr. Ron Jarvis for
fire protection outside the City limits, and authorize the Mayor
and City Clerk to execute the contract. EXHIBITS: NONE. Action:
27. Consider approving the assignment of Back Support Systems.
EXHIBITS: HEARTLANDS LETTER DATED FEBRUARY 26, 1997; LIFE AND
SAFETYS LETTER DATED MARCH 7, 1997. Action: Approve assignment
to Life & Safety Distribution, Oklahoma City, OK.
28. Consider extending contract for Police Uniforms. EXHIBITS:
VENDORS MAILING LIST; TABULATION; RECOMMENDATION. Action: Extend
contract with Tuxall Uniform & Equipment, Oklahoma City, OK, at
same terms through April 30, 1998.
29. Consider extending contract for Police Uniform
Accessories. EXHIBITS: VENDORS MAILING LIST; BID TABULATION;
RECOMMENDATION. Action: Extend contract with Tuxall Uniform &
Equipment, Oklahoma City, OK, through April 30, 1998, at same
30. Consider extending contract for Weed Abatement. EXHIBITS:
VENDORS MAILING LIST; TABULATION; RECOMMENDATION. Action: Extend
contract with Service One Janitorial, Lawton, OK, through March
31, 1998, at same terms.
31. Consider extending contract for Animal Welfare Uniforms.
EXHIBITS: VENDORS MAILING LIST; BID TABULATION; RECOMMENDATION.
Action: Extend contract with Tuxall Uniform & Equipment, Oklahoma
City, OK, through June 30, 1998, at same terms.
32. Consider awarding contract for Mowers. EXHIBITS: VENDORS
MAILING LIST; BID TABULATION; RECOMMENDATION. Action: Award
contracts for Items 1 and 2 to Enlow Ford Tractor, Inc., Tulsa,
OK, and for Item 3 to Standridge of Duncan, Duncan, OK, and
33. Consider awarding contract for Laptop Computer and Related
Equipment. EXHIBITS: VENDORS MAILING LIST; BID TABULATION;
RECOMMENDATIONS. Action: Award contracts for Items 1 and 3 to
Azarat Marketing Group, Miami, FL, and for Items 2 and 4 to
Comark Govt./Educational Sales (CGES), Bloomingdale, IL, and
34. Consider awarding contract for VHF Air Band Portable
Radio. EXHIBITS: VENDORS MAILING LIST; BID TABULATION;
RECOMMENDATION. Action: Award contract to Lawton Communications,
Lawton, OK, and authorize execution.
35. Consider awarding contract for Hydraulic Pump and Cylinder
Repair. EXHIBITS: VENDORS MAILING LIST; BID TABULATION;
RECOMMENDATION. Action: Award contract to Hannon Hydraulic, Inc.,
Irving, TX, and authorize execution.
36. Consider awarding contract for Fire Resistant Uniforms.
EXHIBITS: VENDORS MAILING LIST; BID TABULATION; RECOMMENDATION.
Action: Award contracts for Item 1 to J.B. Battle Uniform Co.,
Oklahoma City; Item 2 to CASCO Industries, Oklahoma City, OK, and
37. Consider awarding a multi-source contract for Library
Books, Services, and Periodicals. EXHIBITS: VENDORS MAILING
LIST; RECOMMENDATION; LIST OF RESPONSIVE BIDDERS. Action: Award
multi-source contracts and authorize execution. Vendors are:
Books on Tape, Inc.; Byron Sistler & Assoc., Inc.; Childrens
Press; Educational Record Center, Inc.; Encyclopedia Britannica,
Inc.; Franklin Watts/Orchard Books; Gale Research; Grolier
Educational; The HW Wilson Co.; Mitchell Repair Information Co.;
Recorded Books Inc.; Regent Book Co.; Sadler Book & Office
Supply, Inc; Southwest Micropublishing, Inc.; University Book
Service; World Book Educational Products.
38. Mayors Appointments. EXHIBITS: NONE.
Commission on the Status of Women:
Leona Evans, Ward 4, Term: 4/8/97 to 4/8/99
Dimple Joern, Ward 2, Term: 4/8/97 to 5/23/99
Donna Richey, Ward 3, Term: 4/8/97 to 4/23/98
Shirley Jackson, Ward 3, Term: 4/8/97 to 4/8/99
Commission on Aging:
Dimple Joern, Term: 4/8/97 to 12/19/98
Beth Garrett, Term: 4/12/97 to 4/12/2000
Environmental Concerns Committee:
Doug Brown, Citizen Rep., Term: 4/8/97 to 9/11/97
James Burpo, Term: 4/14/97 to 5/31/99
39. Consider approval of payroll for the period of March 24
through April 6, 1997. EXHIBITS: NONE.
MOVED by Williams, SECOND by Dutcher, to approve the consent
agenda items as recommended. AYE: Maples, Williams, Dutcher,
Purcell, Shanklin, Beller, Green, Warren. NAY: None. MOTION
40. Pursuant to Section 307B4, Title 25, Oklahoma Statutes,
consider convening in executive session to discuss a lawsuit
styled Seabolt v. Housing Authority of the City of Lawton, et
al., Case No. CI-95-2042-M, and, in open session, appoint a
person to represent the City at the Settlement Conference.
41. Pursuant to Section 307B4, Title 25, Oklahoma Statutes,
consider convening in executive session to discuss a claim for
attorneys fees in the lawsuit styled Green v. City of Lawton,
Case No. CJ-96-452, Comanche County District Court, and, if
appropriate, take action in open session on the claim. EXHIBITS:
1. Pursuant to Section 307B4, Title 25, Oklahoma Statutes,
consider convening in executive session to discuss the status of
a lawsuit styled State of Oklahoma, ex rel, Department of
Transportation; and the City of Lawton, Oklahoma vs. Sovell, et
al., Case No. CJ-95-607, in the District Court of Comanche
County, and take appropriate action in open session. EXHIBITS:
2. Pursuant to Section 307B4, Title 25, Oklahoma Statutes,
consider convening in executive session to discuss a pending
lawsuit styled Etta Marin, et al. vs. City of Lawton, Case No.
CJ-97-266, in the District Court of Comanche County, and take
appropriate action in open session. EXHIBITS: NONE.
MOVED by Dutcher, SECOND by Shanklin, to convene in executive
session as list on the agenda and recommended by legal staff.
AYE: Williams, Dutcher, Purcell, Shanklin, Beller, Green, Warren,
Maples. NAY: None. MOTION CARRIED.
The Mayor and Council convened in executive session at 9:00 p.m.
and reconvened in regular, open session at 9:30 p.m. with roll
call reflecting all members present.
Cruz reported the Mayor and Council met in executive session to
consider the four items listed on the agenda; on Item 40, Seabolt
v. Housing Authority, recommendation is to designate Dick Zarle
as the Councils representative to the settlement conference.
MOVED by Williams, SECOND by Purcell, to designate Dick Zarle as
the Councils representative to the settlement conference in the
Seabolt case. AYE: Purcell, Shanklin, Beller, Green, Warren,
Maples, Williams, Dutcher. NAY: None. MOTION CARRIED.
Cruz said on Item 41, Green v. City of Lawton, recommendation is
for the City Attorney to continue with the proceedings in
District Court concerning application for attorneys fees and
that the settlement offer not be accepted.
MOVED by Shanklin, SECOND by Williams, for the City Attorney to
continue with the proceedings in District Court concerning
application for attorneys fees and that the settlement offer not
be accepted. AYE: Shanklin, Beller, Green, Warren, Maples,
Williams, Dutcher, Purcell. NAY: None. MOTION CARRIED.
Cruz said on Item 1 on the Addendum, ODOT v. Sovell,
recommendation is to adopt a resolution authorizing settlement
and payment for the taking of the property in the amount of
MOVED by Dutcher, SECOND by Maples, to adopt a resolution
authorizing settlement and payment for the taking of the property
in the amount of $105,000 in ODOT v. Sovell. AYE: Beller, Green,
Warren, Maples, Williams, Dutcher, Purcell, Shanklin. NAY: None.
(Title only) RESOLUTION NO. 97-46
A RESOLUTION APPROVING AND AUTHORIZING ACCEPTANCE AND PAYMENT OF
SETTLEMENT IN THE CONDEMNATION CASE STYLED STATE OF OKLAHOMA, EX
REL. DEPARTMENT OF TRANSPORTATION AND THE CITY OF LAWTON,
OKLAHOMA VS. SOVELL, ET AL., CASE NO. CJ-95-607, IN THE DISTRICT
COURT OF COMANCHE COUNTY, OKLAHOMA.
Cruz said on Item 2 on the Addendum, Etta Marin v. City of
Lawton, we received a proposed settlement on this matter, which
was presented to the Council in executive session. Cruz said
Council should consider at this time whether to accept the
settlement offer or to decline the settlement offer and proceed
to a hearing on the constitutionality of the ordinance on this
MOVED by Purcell, SECOND by Williams, to not accept the
settlement and proceed to a hearing on the constitutionality of
the ordinance. AYE: Green, Warren, Maples, Williams, Dutcher,
Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.
Schumpert said the gates are open at both lakes and copies of the
policy had been distributed as to how it is determined when the
gates should be open and the levels. He said there is a special
Council meeting Thursday at 6 p.m.
Schumpert said the Mayor and some staff are going to Treasure
Lake Job Corps to visit about the expertise they have and to see
if the City could benefit from that for City projects. He said
the Police Department has a fund raising effort for the March of
Dimes, an all you can eat beans and cornbread dinner, Wednesday
and Thursday, April 9 and 10, for $3.00. Schumpert said the
Spirit of the Southern Plains will be held at the Comanche County
Fairgrounds April 18 and 19.
Schumpert said on Thursday, he and the Mayor would go to a
meeting in Tecumseh regarding the CIC, community intake center,
to speak with the board that will make the final decision as to
where the facility will be located. He said it is their hope that
it would be located here.
Shanklin said the debris should be picked up, and further trash
prevented, on the road south of the landfill.
Beller said he inquired into the possibility of notifying
business license holders of pending expiration of licenses. He
said it is currently tracked by hand on a large black board, and
renewal notices are not sent out. Beller said another occasion
came up yesterday where a business failed to renew, the place was
shut down and people were out of work. He said today there are
day care centers listed on the board, and his immediate thought
was what if a person took children to a day care center and found
a sign saying the City has closed the business.
Beller asked Council to consider authorizing the license division
to buy a computer for $1,560, a printer for $280, and the
printing and postage would be $2,300. He said this is a minimal
expense to perform a service for local businesses, and asked the
City Manager to bring an item for this with the funding source to
be Council Contingency.
Shanklin said there are 500 computers in City Hall and asked why
another was needed. Maples asked if the division did not have a
computer. Beller said the work is being done by hand. Maples
suggested using a form letter to let people know their permit is
about to expire.
Williams said during the next budget session, Council should
consider changing the utility bill format to allow for insertion
of an information sheet. He said he felt the City needed to
improve in this regard. Williams said items such as these, and
the computer being discussed, need to be considered during
Beller said he saw no reason the City could not send reminder
notices for permits and that businesses have been shut down
because permits have expired. He said he would hate to see this
put on hold until the budget. Maples said the City Manager can
direct the department to develop a form letter and send it out to
the businesses now without waiting until the budget.
Beller said the code provision should be changed to give
discretion to the City Manager to allow a business to remain open
under certain circumstances.
There was no further business to consider and the meeting
adjourned at 9:40 p.m.