Month 1997-4 April
Meeting of 1997-4-22 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
APRIL 22, 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. by Mayor Marley.
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 APRIL
8 AND SPECIAL MEETING OF APRIL 10, 1997.
MOVED by Warren, SECOND by Shanklin, to approve the minutes. AYE:
Green, Warren, Maples, Williams, Purcell, Shanklin, Beller. NAY:
None. ABSTAIN: Dutcher. MOTION CARRIED.
Carles Sowers, 3506 NE Silcot Circle, Parks & Recreation
Commission member, suggested improvements be made to the Third
and Ferris entrance to Elmer Thomas Park and that control of the
prairie dog population be undertaken for health and safety
reasons, as well as preservation of trees.
Sowers said there is a need for greenbelt and park adoption
programs where citizens become involved. He said the school
system is interested in helping. Sowers said many people have
donated trees and it is important to recognize that and to
involve children and civic leaders in improvement projects.
Rex Polone, 1604 NW 32nd Street, said Council awarded a contract
for a new water line in the Morford Hills area and they were
grateful for the improvement. He said residents received letters
saying the project would start in 14 days and be completed in 90
days. Polone said every yard had been dug up and those across the
street had to have new water meters; the last time any work was
done on it was the Thursday before Easter, and the neighbors are
irate because the work has stopped. He said they also received
letters saying the value of the property has increased, but with
the mud in the front yard, the residents disagreed. Polone said a
petition containing 54 signatures had been filed and he read the
title of the petition as follows: "The undersigned residents of
NW 32nd Street and houses bordering on NW 32nd Street, Morford
Hills Addition, request the City of Lawton to take immediate
action to rectify the existing unsightly and unhealthy conditions
caused by contract awarded by the City of Lawton to Air Equipment
Company of Lawton to replace the water lines along NW 32nd
Street. The project has not been worked on since March 27, 1997,
what work the contractor did complete was done in a very
unprofessional manner, we are also concerned about the quality of
the work done so far by the contractor and request that this work
be inspected by a qualified plumbing engineer." Polone said the
standing water is turning green and getting worse as time goes
Mayor Marley said the City staff and Council are upset about the
contract also, and contact has been made with the bonding company
but the contractor still has 29 days left on the contract,
considering bad weather days. He said staff would take care of it
as best they could and as soon as they could.
Everett Hall, 1515 NW 31st Street, said he was going to speak on
the same subject Mr. Polone spoke about and that he agreed with
the comments. Hall said his yard was the first to be torn up and
that it is a terrible situation.
Donna Chapman, 1632 NW 32nd Street, presented pictures of the
standing water and requested something be done immediately so
mosquitoes do not have a chance to breed and to alleviate the
John Perry, 1420 SE Hillcrest, said he had a question regarding
the plumbing and mechanical codes and that he had made numerous
telephone calls to Building Development but could not get a
response. He said he understood the 1997 code was available and
the contractors have spent $45 to $65 per code book for the 1996
international codes and now have learned there is a 1997 code.
Perry said action should be taken to have a standard adopted
because people are working and do not know where they stand.
Perry said he was notified today that his plumbing contractors
license had expired. He said the interpretation received from Mr.
Tucker prior to December 1, during a class, a number of those in
attendance interpreted that the new licensing would not take
affect or there would be no renewals of contractors licenses in
town until June and that mechanical and plumbing would be done at
the same time. Perry said he was notified today that he had to
pay $300 to update his license. He said he tried to get someone
from Building Development to call him back but no one ever
called. Perry said he knew Mr. Tucker was busy and thought it was
just him but then found that others had interpreted the
statements the same way he had, that the licenses should be
renewed in June. He said there is a long list of contractors and
journeymen facing this same problem and they had attended every
class Mr. Tucker held. Perry said the only people who got stuck
were those who attended the class. He said some fairness should
be shown. Perry said he contacted Mr. Williams who said other
contractors had called him on the situation also. He said he did
not feel he should be penalized for their interpretation of a
statement given by a City official.
Mayor Marley said Mr. Tucker would be contacting Mr. Perry.
Maples said the Council Task Force is reviewing the codes on May
1 and encouraged Perry to attend. Perry said he had attended all
such meetings and last year in September it was stated that the
international codes would be adopted, and contractors were
encouraged to buy the books at that time because they were to go
into effect in October but there would be a 90 day grace period
and it would take effect January 1. Perry said a meeting was held
at the Library with the Mayor and Mr. Tucker and the statement
was that it would be done April 1.
Maples asked if the codes on the books right now would be
enforced until the new codes are adopted. Perry said the State
adopted the 1996 mechanical and plumbing international codes and
the City is not in compliance with the State, which is more
strict. Maples asked the City Attorney which codes were to be
enforced. Cruz said if the State adopted the 1996 codes, they
should be enforced. Perry said they operate under one rule in the
county and under another in the city. Mayor Marley asked that
staff get with Mr. Perry and put out the word on the subject.
The following statements which are inserted verbatim:
Virtu: My names Tony Virtu. I have a letter here, its a cover
letter that I dropped off at an office here in City Hall. It
deals with police misconduct, it also had ten attachments, eight
documents and one photograph. Im not going to bore you with the
whole thing, theres a lot of details here, Im just going to
paraphrase from one of the paragraphs, it says look at the photo.
It shows a group of men standing by a sign. I have circled both
Billy Ray Dees and Officer Jackie LaRoche of the Lawton Police
Department. I dropped this stuff off about two weeks ago, its
stamped here when it was received. The sign that these fine,
upstanding citizens are standing by reads "Niger, dont let the
sun hit you in the ass".
Mayor: Yes, Mr. Shanklin.
Shanklin: I didnt catch all that, but hes through. Mr. Sowers
made a pretty good speech, I think we need a ...
Mayor: Wait a minute, sir, youre not permitted to hand out...
Virtu: You have not listened to me...
Virtu: Now I do not wish to speak to you.
Mayor: Thats fine sir, and if you dont control yourself, Ill
have you ejected." (end verbatim excerpt)
Regarding previous audience participation comments, Shanklin
volunteered to work with Mr. Sowers in his efforts. He asked that
residents in the 32nd Street area receive an explanation as to
contacting the bonding company and how the project would proceed.
This was briefly discussed and the Public Works/Engineering
Director met with the residents in the hall to explain the
situation further. Shanklin said he felt the $200 fine assessed
regarding licenses for plumbing and mechanical contractors should
1. Consider an ordinance closing a portion of the public ways
adjacent to the Burlington Northern Railroad on SW 4th Street, SW
9th Street, SW 10th Street, and SW 15th Street, reserving said
public ways for public utilities and pedestrian/bike trail or
walkways. EXHIBITS: LOCATION MAPS; ORDINANCE NO. 97-____; EXCERPT
OF COUNCIL MINUTES; 1/31/97 LETTER FROM PUBLIC WORKS/ENGINEERING
DEPARTMENT; 2/24/97 LETTER FROM ODOT.
Shanklin said on December 14 there was a motion to direct staff
and the Council members designated by the Mayor to meet with ODOT
to see what the consequences are of opening possibly 9th Street,
or more, and what the cost would be to the City. He said that has
not been done and the Mayor does not have that administrative
authority, but they should be able to meet with ODOT. Shanklin
said instead of meeting, he got a copy of a letter on January 21
that Mr. Ihler wrote to ODOT and a response from Mr. Cobb. He
said he thought the Council should be doing this and the Council
had voted to do so. Shanklin said he could not vote to close all
the crossings, but could vote to close all but 9th Street. He
said he wanted the same action approved on December 14, which was
to go talk to ODOT. Shanklin said it should not have been done
through letters and that the Council members have been elected
and should be in on some of these decisions.
MOVED by Shanklin, SECOND by Beller, to delete closing of 9th
Street, and approve closing the others shown in the ordinance,
adopt the ordinance, read the title only.
Purcell asked if a Council member had ever met with ODOT.
Shanklin said no, and there was a provision made for a bicycle
path on 9th Street so it might as well accommodate vehicular
traffic as well. Williams said if we have not even talked to ODOT
to negotiate with them, he would suggest tabling the entire
matter until after that time.
SUBSTITUTE MOTION by Williams, SECOND by Green, to table this
until members of Council, along with staff, meet with ODOT. AYE:
Warren, Maples, Williams, Dutcher, Purcell, Shanklin, Beller,
Green. NAY: None. MOTION CARRIED.
2. Consider adopting a resolution declaring the structure at
304 NW 19th Street to be dilapidated and detrimental to the
health and safety of the community, and authorizing the
expenditure of City Council Contingency Funds, if necessary, to
demolish the structure. EXHIBITS: RESOLUTION NO. 97-____.
Dan Tucker, Building Development Director, presented a video of
the structure and reviewed history of the property as follows:
Property was brought to the attention of Building Development in
January 1996 as being open and dilapidated; condemnation was
considered by Council on July 9, 1996, at which time it was
tabled for 90 days to give the owner time to develop a plan and
establish a prospective tenant for the building. Item was
returned to Council on October 22, 1996, at which time the item
was tabled for 180 days to allow time for processing a Use
Permitted on Review by the LMAPC and for application to be made
for a revocable permit due to the parking situation. LMAPC
granted a Use Permitted on Review on December 11, 1996; Council
approved a revocable permit to allow for maneuvering on the right
of way on December 17, 1996. The contractor applied to renew his
contractors permit in February 1996 but did not provide the
certificate required from the State Department of Labor; that
certificate was provided on April 17 at which time the
contractors license was renewed, and the building permit for
this structure was issued.
Mayor Marley said information had been submitted to Council from
Travis Construction on this item.
Shanklin suggested Mr. Warner be allowed to speak and said he did
not think staff was recommending this structure be demolished.
Charley Wright, Design Associates, said Warner asked the City
about his plans and specifications in February 1997 and at that
time the documents had been lost, and it was a week before he had
been asked for submit them again, so they had not been reviewed
at that time. New plans were submitted in mid-February, 1997. He
said Warner was notified March 5, 1997, that his building permit
was ready but he was in the middle of another project and he
picked up the permit on April 17, 1997. Wright said the pictures
do not show the work done on the interior of the building; the
items identified by the structural engineer, such as the slab
being taken up and the structural modifications, have been done
to the inside of the building. He said Mr. Warner would ask that
he be given the 180 days allowed on the permit.
Shanklin asked if the building permit lasts for six months after
issue. Tucker said yes, the contractor has 30 days to begin the
remodel and 180 days to complete. Tucker said the building is
secure and not open or accessible. Shanklin asked if it was
brought back due to Councils action last October and Tucker said
Shanklin asked if Tucker wanted to tear the structure down
tomorrow. Tucker said no, as Mr. Wright mentioned, the work that
has been done is on the interior.
Purcell said there is a sold sign on the property and asked how
that relates to this action. Tucker said the tenant indicated
that once the work was done and actions taken to allow use of the
building, that he would purchase it. Wright said it is the same
buyer they had October 16 and the sold sign was to let people
know that the building was sold and something was happening.
Purcell said that is the sold sign from Mr. Warner to the CPA
firm that is buying it and Wright agreed.
Williams asked why the commentary included a recommendation to
demolish the structure. Tucker said Council has the option of
allowing the contractor to continue or to order demolition.
Purcell said this has been before Council several times and the
matter should be concluded.
Joe Warner said he worked on a project for the company Mr.
Purcell works for and it took a year to put the package together
and it was a $6,000 project, so it takes a long time to do these
things. Purcell said his concern was that he did not want this to
come back before the Council in another 180 days. Warner said he
did not think that would happen, and that in October he had no
idea that it would take five months to get a building permit.
Wright said after the 180 days was given in October, they had to
apply for a Use Permitted on Review and a revocable permit so
that took much of the time and work could not be done without
Maples asked if City staff was user friendly. Wright said he
works with City staff all the time and that was an awkward
question for him to answer. Wright said he would have to say they
are but that he was here more than other people and is more
familiar with how things work and the department heads. Wright
said if a person comes in from the outside and is not familiar,
the answer would be that they are not. Wright said they are
trying to be so user friendly and there are so many regulations
and reviews to be sure everything is right; there is no
conspiracy in City Hall against contractors or to stop
advancement but felt it was procedure problems and as soon as one
is set, it is changed and there are problems in getting one
procedure, sticking with it and giving it long enough to work.
Maples asked that Wright provide suggestions at the task force
Cruz said if Mr. Warner was issued a building permit for the
structure, he has 180 days to complete the work and recommended
the contractor be given that opportunity. Tucker said it was
brought back only because it was tabled in October.
MOVED by Shanklin, SECOND by Beller, that the resolution be
denied. AYE: Maples, Williams, Dutcher, Purcell, Shanklin,
Beller, Green, Warren. NAY: None. MOTION CARRIED.
4. Hold a public hearing to consider the FY 1997 Consolidated
One-Year Action Plan, receive a briefing, receive input from
citizens, and provide council input for the plan. EXHIBITS: FY 97
PROPOSED FUNDING ALLOCATIONS SUMMARY; FY 96 FUNDING ALLOCATIONS
Mayor Marley asked that Item 4 be considered at this time due to
those in the audience wishing to speak.
Frank Pondrom, Director of Housing and Community Development,
said the application is due May 15 and this is the final public
hearing to meet HUD requirements for citizen participation. He
said the projects listed are a result of various meeting held
starting last October at neighborhood centers and the library.
Council may direct different projects which would be reviewed by
staff to determine eligibility. This plan furthers the five-year
consolidated plan making improvements in the Lawton View area,
which is the target area.
Williams asked if the Lawton View area must receive more funding
because that is how it is shown in the five-year plan or if there
are other factors. Pondrom said it was targeted because of things
happening there, and at the public hearings this year many of the
people who came to talk about what they would like to see in the
plan emphasized they wanted to see more money targeted toward the
Lawton View area.
Beller asked if MedTrans, 98-07, is just to serve a particular
area or could it pick up those outside an area. Pondrom said it
provides service throughout the City to those who apply and are
eligible, as long as they are low and moderate income persons.
Beller asked if a person is handicapped, but not low income,
could they be transported by MedTrans. Pondrom said if you are
not low income, you would not be eligible for MedTrans. Beller
asked if persons could pay a fee and Pondrom said MedTrans does
not accept any fees.
Williams asked if changes could be made to the five-year plan.
Pondrom said yes, it could be done through the citizen
participation process and public hearings.
Maples asked how the youth employment program worked out last
year. Pondrom said there is a draft contract with United Social
Action for a youth employment program and it is being reviewed by
the legal staff. Maples asked if the $20,000 from last year is
still set aside and we are now going into the new fiscal year.
Green said the Salvation Army Boys Club was going to run it and
they need someone to take the program and place the kids. Maples
asked if there would now be $40,000 for youth employment. Pondrom
said United Social Action applied to use the $20,000 this summer
on a program in the Lawton View area. Schumpert said $40,000
would be available July 1 for youth employment.
Maples asked if the youth center could be located in any low
income area or if it had to be in Lawton View. Pondrom said yes;
the reason it is in Lawton View is they requested $50,000 for
materials and Great Plains Vo Tech and Lawton Housing Authority
will provide the workers and volunteers to build a meeting house;
it is not a recreation center but a meeting facility for scouting
programs. Maples said if Dunbar gets going, that facility would
be available, and there are other low income housing areas in
Lawton besides Lawton View, and there is a big one in Ward One,
and asked why this area is the only one being considered. Green
said this area qualifies for CDBG funds. Maples said there is a
huge area in Ward One that qualifies also.
Green said the Dunbar Center will be for youth also and asked the
location of the Lawton View Youth Center. Pondrom said the Lawton
View Center would be at 1521 Pennsylvania and Dunbar is at 17th
and Douglas. Pondrom said the Lawton Youth House is for meetings
only for scouting activities, for example. Maples asked why they
could not have such a facility in Ward One. Pondrom said there is
not a reason they could not have it in any ward as long as it is
a low and moderate income area; the five year plan shows the
greatest need in the Lawton View area. Maples asked if that means
everything has to be in that one area. Pondrom said the federal
government says if your five-year plan shows the greatest need in
one area, you must have some logic to your plan showing the
preponderance of the funds go into that area, target that area;
it does not mean that some funds could not go to another area.
Schumpert said the department holds public hearings in various
areas and develops the list of projects based on input from those
hearings. Pondrom asked if there are other areas to suggest and
Maples said the 2300 block of Williams should be considered.
Beller asked how the Lawton View Youth Center would be financed
after it is built. Pondrom said the Great Plains Improvement
Foundation (GPIF) and Lawton Housing Authority have put this
together with scouting organizations.
ODell Gunter, GPIF Director, said the center would not be a
place to play sports or games but would be a meeting place; for
the past two years GPIF has provided transportation for children
in the Lawton View area to travel outside the neighborhood to go
to meeting places. GPIF owns the facility, the Housing Authority
and Vo Tech will renovate the building and make it a place for
the children in the neighborhood so they will not have to leave
the neighborhood. Vo Tech has agreed to do the work and the CDBG
funds will provide the materials. Gunter said it was a very
worthwhile effort and would allow for more participation.
Beller asked why the $50,000 would not be put into the Dunbar
project instead of having two facilities in fairly close
proximity. Gunter said his organization planned to lease space in
Dunbar for programs, and the building may not be accessible to
all the groups at once. Gunter said the Lawton Housing Authority
would operate the programs; GPIF owns the building and will
provide insurance on it but it would be used solely by the Lawton
Housing Authority without a lease and at no cost to them.
PUBLIC HEARING OPENED.
Rita Love, Lawton Housing Authority, distributed pictures of the
structure Mr. Gunter was speaking of, referred to as the
Pennsylvania House. She explained the need for the facility and
the various programs that would be offered.
Williams asked if fees are charged for participation in the
programs. Love said fees are paid through a federal grant.
Williams asked how many families are transported and Love
outlined the various functions children are transported to be
able to attend. Williams asked if the structure is a house. Love
said yes, 1222 sq. ft., it will be demolished and a new structure
built. Maples asked if any other property had been considered and
Love said she did not know.
Purcell asked if it would be feasible to add the same amount of
square footage to Dunbar School and have Vo Tech do the work.
Love said 80% of the space at Dunbar is taken.
Green asked how many children participate and Love said over 100
are transported to be able to participate. Beller asked if the
kids were within walking distance and Love said some of the older
ones do walk but it is one and a half miles for some to get to
the Multi-Purpose Center. Williams suggested the school system
has portable buildings that may be available, or something
Lisa Stein said she is the Director of the Area Prevention
Resource Center, which is a joint project between Comanche County
Memorial Hospital, the Department of Mental Health and the State
Health Department. She explained the "not yet" project with the
goal being to reduce teen pregnancy, and the Red Cross effort to
prevent HIV/AIDS. Funding for this request was shown as $48,100
under 98-10 in the proposed FY 97 funding allocation summary.
State Health Department currently provides a grant of $28,000;
requested amount from CDBG funding was $86,000. Memorial Hospital
has pledged a $10,000 matching grant.
Shanklin asked the location of the office and Stein said 4411 W
Gore Boulevard; meetings with teens are held in the
Dutcher asked if application had been made for United Way
funding. Stein said application had been made to that agency, as
well as many federal grant applications, and no funding had been
Warren said he did not have page two of the proposed budget
explaining how half of this amount is for personnel. Stein said
Pondrom has that information and those are salaries for Comanche
County Memorial Hospital employees and that information is
confidential. Stein said that information would be supplied if it
is needed but she was following their policies.
Purcell asked why the City was being asked to fund Comanche
County Memorial Hospital employees from CDBG funds. Stein said
several people would be funded from this and the hospital does
put in a $40,000 cash match each year, with $10,000 toward teen
pregnancy prevention. She said it was not fair to ask the
hospital to fund a project that would benefit the entire city.
Purcell said the personnel budget of almost $40,000 is based on
the salaries of Comanche County Memorial Hospital employees, and
asked if that was correct. Stein said the persons would be
employed for this project and are not currently employed in this
capacity. Purcell asked if it would be based on the hospitals
salary scales and Stein said yes. Stein said a prevention
specialist would be $21,000 to $25,000; the support person would
be about $12,000 per year. Purcell suggested the costs be shared
with the hospital.
Beller asked if the $20,000 from the youth employment program
could be used on this project to employ the youth Ms. Stein spoke
of. Pondrom said there are several categories where only a
certain amount can be spent; 15% of the entitlement can be spent
for this type of activity, so it was split between the activities
that made requests. Activities in this category as shown on the
funding allocation summary were Hospice of Lawton Area, Inc.,
Christian Family Counseling Center, Area Prevention Resource
Center/Red Cross, Youth Employment Program and Med Trans.
Williams suggested leaving the funding amounts as projected
because all of the projects are worthy of funding.
Judy Prater, Hospice of Lawton Area, Inc., explained the purpose
of this non-profit organization in providing care to patients who
have been diagnosed with a terminal illness and expected to have
six months or less to live, and their family members. FY 97
proposed funding allocation summary reflects funding of $48,100
for this organization. Care is provided to any patient regardless
of their status or ability to pay. Plan is to be able to increase
the number of patients served from an average of 17 at this time
to 30 or 40. $28,500 was received last year from United Way which
provided care for ten non-funding patients.
Dutcher spoke in favor of the request and related a personal
experience he had with this program. Prater pointed out there is
another hospice in Lawton but it is a for-profit organization
which cuts off the non-funding limit at 10%.
Shanklin asked what services hospice provides and the related
costs. Prater said a doctor must determine that curative measures
are not worth seeking, that the expected outcome will be a death,
and that no further treatments will be prescribed except for pain
medication. An RN and LPN are sent to the family and carry out
the care plan prescribed by the doctor. Social workers deal with
issues of wills, powers of attorneys, and so forth. Shanklin
asked if there are paid employees in addition to volunteers and
Prater said yes.
Mayor Marley asked if a doctor can recommend a patient go to
either the for-profit or non-profit hospice. Prater said yes,
referral can be made to either organization; however the for-profit hospice cuts off acceptance of non-funding
patients at any
one time to 10%, so if they are at that 10% level, they will
refuse the care to the non-funding patients and then the
physician has no other choice for hospice care than to go to
Hospice of Lawton Area.
Ray Polk, Chairman of the Board of Directors of the Northside
Chamber of Commerce, said the Northside Chambers Minority
Business Development Center is seeking funding from CDBG. He said
a report is provided to Pondrom monthly showing activities that
have to do with expenditure of funds from CDBG. An audit was done
as of April 30, 1996, that was provided to Pondrom. The Business
Development Center provides assistance not available from any
other source the way it is done.
Williams said Council members have never received copies of the
reports and asked that be done.
Shanklin asked the total budget amount for the Northside Chamber
Annette Dawkins, Executive Director of the Northside Chamber of
Commerce Minority Business Development Center, said the Center
receives an Oklahoma Department of Commerce grant of $65,000 last
year and the City at $62,500 through CDBG. Accomplishments of the
program were given by Dawkins. Shanklin asked the total budget
for the Northside Chamber and Dawkins said she would provide that
information. Williams asked if the Center receives funding from
sources other than CDBG or the State Department of Commerce.
Dawkins said yes, from the Northside Chamber. Williams asked if
the grants provide 75% of the funding and Dawkins said that would
likely be close.
Dr. Charley Bear, Executive Director of the Christian Family
Counseling Center, said the Center is a non-profit corporation
that was founded in Lawton in 1985 located in Cache Road Square
Mall, and is a United Way agency. FY 97 proposed funding
allocations summary shows $20,000 for this project. The request
would assist in funding the provision of mental health care for
those who are unable to pay for that service. Low and moderate
income families are likely one parent families and this group
could be provided a great service. Marriage counseling could also
be provided. Charges are $50 per session; 60% is paid to the
counselor and 40% to general operating funds.
Williams asked if the funding from United Way is targeted to low
and moderate income persons. Dr. Bear said $20,000 is received
from the United Way and is used to supplement primarily the
reduced fee counseling, which is a different entity, for those
who, based on family income, qualify for a sliding scale rate and
the United Way subsidizes the reduced payment from the sliding
scale. Dr. Bear said about 50% of their clients receive reduced
fees or are not charged a fee. Dr. Bear said around 100 people
per year could be helped with the $20,000 requested from CDBG
depending on how many sessions are required.
Williams asked which projects are included in the 15% limit.
Pondrom said MedTrans, Hospice, Christian Family, and Area
Prevention, with the total being $181,200. Williams asked if
staff was looking for residents to attend the hearings and
present their needs for consideration. Pondrom said yes, and they
made a presentation at the Comanche County Human Resources Center
at which time he relayed that 15% of the CDBG funds could be used
for the type of activities discussed tonight. He said the
requirement is that it must be a new activity or a demonstratable
increase in a level of service, and not used to supplant other
funding currently received. Discussion was held on using CDBG
funds to target the Lawton View area, and expenditures that are
proposed to be made in other low and moderate income areas.
Street and sewer improvements in Lawton View would accommodate
the Dunbar School area.
(*Green left the meeting during discussion on this item and did
Purcell commended staff on the presentation and on receiving it
before the deadline for submission. Any changes that Council
would like should be submitted as soon as possible to allow for
investigation as to whether or not a project would meet the
requirements of the program. Final decision will be required by
the May 13 Council meeting.
PUBLIC HEARING CLOSED.
MOVED by Beller, SECOND by Purcell, that $20,000 of the youth
employment program funding go to the Area Prevention Resource
Center, for purposes of guidance. AYE: Williams, Dutcher,
Purcell, Shanklin, Beller, Warren, Maples. NAY: None. MOTION
ADDENDUM ITEM: Consider approving a Cooperation Agreement with
Comanche County Home Finance Authority (CCHFA) to link the
Authoritys Mortgage Revenue Bond (MRB) Program and the Citys
HOME First-Time Homebuyer Program to access matching credits from
the MRB proceeds. EXHIBITS: COOPERATION AGREEMENT.
Pondrom said staff had been working on this for some time to
obtain a match for the HOME program.
MOVED by Purcell, SECOND by Williams, to approve the Cooperation
Agreement. AYE: Dutcher, Purcell, Shanklin, Beller, Warren,
Maples, Williams. NAY: None. MOTION CARRIED.
3. Hold a public hearing and consider an ordinance amending
Section 18-581A, Chapter 18, Lawton City Code, 1995, to allow pet
shops as a Use Permitted on Review in a C-1 Local Commercial
District. EXHIBITS: LETTER FROM PRISCILLA A. PENNINGTON;
ORDINANCE NO. 97-18; LMAPC MINUTES OF MARCH 26, 1997.
Schumpert said staff does not support the amendment as there are
a number of parcels that allow this activity; recommendation from
the initiator is to hold the public hearing and approve the
Purcell said this is related to the request from the lady who
spoke at the meeting at the library who wanted to open a bird
store; LMAPC approved the proposed ordinance. He said he could
not imagine how many people would want to open bird stores in C-1
in the City over the next 20 years, so this is a minor change and
there seemed to be no objection.
Beller said the logic used by staff to say there are already
areas of C-1 that could be used so others are not needed is not
logical reasoning. Schumpert said another person could request a
Use Permitted on Review for a pet shop that would be more
intrusive than just birds, and the City would likely have to
approve it; there is not a hardship on this individual because
there are a number of other locations available which appear to
be good business locations. Schumpert said a person could request
a Use Permitted on Review for a pet shop selling Doberman
pinchers, and it would be difficult to disapprove that after
another has been approved.
Beller said if the person wants to be in a specific location and
the Use Permitted on Review is approved, then the logic that says
do not make more commercial until all the existing commercial is
filled does not make sense. He said another portion states that
this does not abut a major street, but in this instance you can
jump from this location to Ferris. Schumpert said Ferris is not
considered a major street. Beller said that may be a problem
Maples said the letter from the lady sounds like she is already
in operation. Purcell said is operating in another location and
has given up her lease anticipating moving to the new building.
Purcell said he disagreed with some of Schumperts statements and
that a similar argument had been heard at LMAPC. He said this is
a Use Permitted on Review, and if someone wants to run a pet
store and the LMAPC and Council look at it, and it is to run a
bird store or a fish store and they grant approval on that, the
next person who comes in for a Use Permitted on Review and wants
to run an elephant store or snake store or outdoor run, that can
be disapproved and that is not discriminatory because they are
two completely different kinds of pet stores. Purcell said the
other option was to define types of pet stores.
Purcell said his question to the City Attorney is, is someone
running a pet store that is birds only, use permitted, and that
is granted, and the next person comes in and wants to operate a
pet store but has outdoor runs and dogs and we say no, is that a
Cruz said the authority for approving a Use Permitted on Review
will by the LMAPC and not the Council; Use Permitted on Review is
based on intensity of use and if, for example, the present
facility will be used for a particular use and the subsequent use
could be more intensive and be more intrusive then the Commission
could deny that; it would have to be taken on a case by case
Shanklin said his problem was the statement that this is for
birds and birds only. Purcell said the person would ask LMAPC for
a Use Permitted on Review to sell birds and birds only. Shanklin
said the letter from the lady says she does not now buy or sell
cats or dogs, but what if they want to do that day after
tomorrow. Purcell said they will not be able to because the Use
Permitted on Review by LMAPC will not permit it. Cruz and
Schumpert said it will allow for that.
Mayor Marley said two different rulings had just been given and
he asked for an explanation. Cruz said the ordinance would permit
a pet shop after Use Permitted on Review in a C-1 district. Cruz
asked Bigham if the term "pet shop" was defined in the zoning
code and response was no.
Cruz said if this is permitted for a pet shop which is permitted
within the confines of the City Code in terms of animals as
permitted under Chapter 5 and then later on something comes along
which is more intrusive, as he mentioned elephants, then that
would not be permitted because elephants under the City Code are
not permitted within the City limits. Since this is pet shop, you
could not just say one type.
Purcell asked if it was correct that once the Use Permitted on
Review is passed, someone has the option to go to LMAPC and
operate a specific kind of pet store that they explain to LMAPC
and LMAPC approves or denies on that particular pet store; if
they say I want to operate a bird only pet store, LMAPC could say
yes, grant this person approval to sell only birds in that pet
store under the Use Permitted on Review. If the person says they
want to sell dogs and cats, LMAPC could say no and not grant the
Use Permitted on Review. He asked if that was correct. Cruz said
no; permission is being granted to operate a pet shop.
Mayor Marley said this is getting out of hand and the Council
needs an answer, can the LMAPC approve someone with birds but
deny someone with dogs and cats. Cruz said no. Mayor Marley asked
why. Cruz said because the term pet shop does not distinguish.
Mayor Marley said if you have a dog that is outside barking, it
is more intrusive than with birds.
Schumpert said if the outside runs are shown, that would be more
intrusive, but if the person does not add to the facility, they
could change from birds to cats or anything permitted under
PUBLIC HEARING OPENED.
Jim Kitchens said we are back to square one from two months ago
and the Mayor had tried to add some sense to this; lets add all
the pets that you can think of to this request, these people now
have some reptiles, lizards. This area that we are wanting to
establish a pet shop is in a residential area that is C-1 small
shopping center strip; surrounding that area are family dwellings
with dogs at every back door; there are also children there and
no one objects to any of this. He said there should be a simple
solution to this where a restriction could be placed on it such
as Purcell mentioned. Kitchens said he was not asking for that
and they may add fish, which are not noisy, and asked what the
hang up is and the more we talk about it, even the board they
talked to first, one member, the chairman, said he owned three
pieces of property within two blocks of that location and did not
object and say no objection it could cause.
Shanklin said the problem is the definition of pet shop and he
did not object to the amendment to the ordinance.
Kitchens said they did not want any outside runs, they intend to
have a groom shop inside the building, no outside runs, no
kennels, nothing like that, but if that is a problem, get rid of
the dogs across the fence. He said the dogs are not bothering
anyone and it is just that ridiculous. Kitchens said the Council
makes the rules and asked that something sensible be done.
Shanklin asked Cruz for a definition of pet shop and asked
whether it could be defined. Cruz asked Bigham if the term pet
shop is defined in Chapter 18 and Bigham said no. Cruz said since
it is not defined, the City Code provides that the term will be
taken in its normal, common sense meaning and in this situation
you have to apply what a pet shop is in a common sense term,
normally permitting the keeping and sale of animals that are
permissible to be maintained and kept within the City limits as
provided in Chapter 5.
Shanklin asked if pet shops could be in C-2 zoning and response
was yes. Shanklin asked why an application was not submitted for
a rezoning instead of doing this. Mayor Marley said there is more
than just this one property involved.
Warren asked if language could be included saying the pet shop
would be fully enclosed within a structure. Maples said all pet
stores are fully enclosed. Williams asked if this would work if
it was on a major street and Schumpert said yes. Williams said
there is a tremendous amount of traffic on Ferris and asked what
had to happen before it would be considered a major street. Cruz
said the City Code defines a major street and arterials and
collectors. Maples asked if that could be defined in the Code.
Mayor Marley said that is a major project in itself.
Schumpert said all staff is doing in this instance and the only
intent and the only reason they could not support it was that if
whoever owns this and they move out and someone else comes in and
does it differently, if that is acceptable to Council, that is
fine, but experience has shown that it is not a good thing to do.
If council is comfortable with any animal being sold inside the
building that is inside the building, that is fine, but that he
would consider an outside run being a change and that LMAPC could
say no, you cant add runs, but if you stay internal and want to
sell parrots and that is allowed, then that is fine. Shanklin
said if a person has a Use Permitted on Review and moves out,
that can be withdrawn.
Purcell said if this were on a major arterial, under the current
City Code, a Use Permitted on Review in C-1 is allowed; this is
not a major arterial so the only change is to allow it in C-1
with a Use Permitted on Review. When it goes to the use granting
group, which is LMAPC, they can say no, we will not grant it,
then it is a dead issue. Purcell asked how many people would want
to put pet stores in a C-1 zone on a non major arterial in Lawton
in the next 20 years.
Priscilla Pennington said she is the owner of the pet shop, and
it would be her understanding that if she were given the Use
Permitted on Review and were to close her doors and sell her
business to someone else, that the new owner would also have to
apply for a permit; and if they wanted to have dog runs outside,
they could be either approved or denied.
Williams said the parking at 17th and Ferris is not real great.
Pennington said there is parking on the end of the building as
well as in front, and at any one time she may have five cars at
her business on a very busy day. She said it was not a large
business and that she was a Lawton resident who wanted to do
business here and asked that Council promote Lawton businesses.
Pennington said if there are any restrictions that need to be put
on a pet shop to be able to operate in this location, she would
be willing to comply because this is an ideal location for her
PUBLIC HEARING CLOSED.
MOVED by Purcell, SECOND by Williams, to approve Ordinance No.
97-18, amending Section 18-580A, Chapter 18, Lawton City Code,
1995, to allow pet shops as a Use Permitted on Review in a C-1
local commercial district, waive reading of the ordinance,
reading only the title.
(Title read by Clerk) ORDINANCE NO. 97-18
AN ORDINANCE RELATING TO PLANNING AND ZONING AMENDING SECTION 18-581A, CHAPTER 18, LAWTON CITY CODE,
1995, AS AMENDED, ALLOWING
PET SHOPS AS A USE PERMITTED ON REVIEW IN C-1 LOCAL COMMERCIAL
VOTE ON MOTION: AYE: Purcell, Shanklin, Beller, Warren, Maples,
Williams, Dutcher. NAY: None. MOTION CARRIED.
5. Hold a public hearing and adopt a resolution declaring the
main structure and carport at 1516 SW Oklahoma to be dilapidated
and detrimental to the health and safety of the community, and
authorize the expenditure of City Council Contingency Funds, if
necessary, to demolish these structures. EXHIBITS: RESOLUTION NO.
Tucker presented a video of the property; department was first
notified of dilapidated conditions on October 18, 1996; owners
were provided a list of requirements to make the structure safe
and habitable; owners are not local residents. People are
removing lumber from the sides of the building; roof is rotted;
interior is heavily damaged; wooden floor is buckled and warped;
owner has not contacted the City.
PUBLIC HEARING OPENED. No one appeared to speak.
PUBLIC HEARING CLOSED.
MOVED by Shanklin, SECOND by Purcell, to approve Resolution No.
97-47 to demolish the structures at 1516 SW Oklahoma. AYE:
Shanklin, Beller, Warren, Maples, Williams, Dutcher, Purcell.
NAY: None. MOTION CARRIED.
(Title only) RESOLUTION
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. Receive a briefing on the Sewer System Evaluation Survey
(SSES) from the Public Works/Engineering Director.
Shanklin said the final report was submitted to EPA and ODEQ and
asked what action the Council could take if it disagreed.
Schumpert said the report was based on the survey done by CH2M
Hill; the briefing is on the next step relating to the sanitary
sewer evaluation to meet the DEQ mandate.
Jerry Ihler, Public Works/Engineering Director, said in 1994 the
City received an admin order from EPA, and in 1995 a consent
order from ODEQ, to eliminate sanitary sewer overflows. CH2M Hill
and Biggs & Matthews were hired to perform a sanitary sewer
evaluation survey, which was performed and included flow
monitoring, physical inspection, smoke testing and TV
inspections. As a result, in January 1997, Council received a
summary of the report that identified the rehabilitation program,
and the number provided for the rehabilitation was $61 million
Ihler said a draft report was submitted in March and a final
report in April to ODEQ and EPA to comply with those consent
orders. Part of that report included a schedule which requests
that the program begin in 1998 and continue for 20 years because
$61 million is a lot of money to rehab a system, and as important
is the fact that $61 million worth of construction all over the
City, the most we can endure from a logical standpoint or the
most we can manage is $2 to $3 million a year to have various
areas of town torn up as a result of rehabilitating the sewers
that need correction. He said that is all the citizens would put
up with and be able to manage, so we requested 20 years with
ODEQ. ODEQ is reviewing the report and a meeting has been
scheduled for May 2, 1997; Council members are strongly
encouraged to meet with DEQ. Part of the discussion will be to go
through the program with them and to negotiate for the 20 years
we are requesting.
Ihler said Wichita Falls received ten years with regard to
implementing their program and that is the maximum amount anyone
has been able to get. Lawton is in a little different situation
in that we will be negotiating with ODEQ, where Wichita Falls was
negotiating with EPA. EPA has delegated the responsibility of the
program being addressed to the State level so we are hoping,
given the fact that we can negotiate with Oklahoma, that we will
be able to have a little better success and come up with a
Ihler said he would encourage as many of the Council members to
attend as can on May 2 at 10 a.m. Letters will be sent giving
further information to Council.
Beller asked if it would be appropriate to seek support from the
State legislative delegation. Ihler said that was outside his
area but it certainly could not hurt. Beller said he felt
Senators Helton and Maddox could be instrumental in requesting
any possible aid as far as the time frame and suggested the
Council ask the Mayor to send letters requesting assistance as
far as the required time frame to address the problems. Purcell
asked that a letter be sent to the Speaker of the House also.
Beller said all area legislators should be contacted. Mayor
Marley said he would send letters and that he had mentioned it to
Maples asked if an answer was received as far as this qualifying
as an unfunded federal mandate. Ihler said the end result of an
inquiry in this regard was that the legislation at the federal
level, if they did come up with an unfunded mandate that was
categorized as an unfunded mandate that they were required to
acknowledge to the citizens that it was an unfunded mandate, but
it did not indicate that they would come up with the funding for
it. Schumpert said CH2M Hill was also asked to look for funding
sources and their response was that this did not qualify. Ihler
said the law was passed in 1995 and the program falls under the
NPDES Discharge Permit which was started 20 or 30 years ago.
Maples said CH2M Hill would not care who pays for this. Schumpert
said they were asked if, on any of their other projects, there
were any funding sources; Ihler contacted other communities who
had done extensive research and there were no sources under the
unfunded mandate law that would apply. The question was the law
was anything over $50 million, that the federal government had to
fund, and that this would not fall in that category. Maples asked
if staff had been working on a funding source. Schumpert said
Purcell said he sent an e-mail message to a member of Congress
asking if Lawton could receive any relief, thinking this would be
at EPA, asking if it could be spread out over 20 years, and
secondly, are any federal funds available. He said the unfunded
mandate thing is a farce because if they pass something and find
out it is more than $50 million, they go back in and vote so each
member is on record of knowing the unfunded mandate will cost
more than $50 million; it just puts them on the spot but does not
mean they have to give you the money.
Ihler said negotiations will be held with DEQ, but there is not
complete assurance from EPA that they are completely out of the
picture because the report was submitted to EPA also, and they
have delegated their authority to DEQ, which will have some
influence, but hopefully Oklahoma will be able to make the
7. Consider an amendment to a contract between the City of
Lawton (Lender) and Maria J. Benham, A Single Person (Borrower),
to subordinate the Citys mortgage on her property at 1132 NW Oak
and take other appropriate action. EXHIBITS: LETTER OF REQUEST.
Tom Aplin, Federal Housing Coordinator, said the request is to
subordinate the loan. He said after the loan is refinanced, the
total liens against the property will exceed the 75% limit
established in the policy, so approval would require a waiver or
exception to the policy. Aplin said Ms. Benham has been in the
program for six and one-half years and her agreement expires in
Shanklin asked how this request differed from the request
approved a month ago. Aplin said the requests he was thinking of
had all been less than the 75% lien requirement.
Williams asked if the Citys involvement would end at the end of
this year and Aplin said yes; balance is just above $1,000 as far
as her debt to the City at this time on a $10,000 debt. Williams
asked if she could pay that off all at one time. Schumpert said
the borrower has never made payments to the City but is only
required to remain living in the house.
Warren said the numbers shown in the commentary do not add up;
the loan balance was $23,684, and that amount added to some
existing loan amounts came to $37,418; the loan amount is shown
as $42,000, which leaves $4,581 difference. He asked the reason
for this difference. Maples asked if it was $42,000 or $47,000.
Aplin said $47,000. Warren said that made it further off. Aplin
said that includes the transaction cost of the loan.
MOVED by Williams, SECOND by Beller, to accept and amend the
agreement, allow the woman to get her home refinanced since we
will only be involved for another six or seven months, if you
look at the good faith shes displayed over this 6-1/2 years,
that speaks for itself, and waive the policy.
Maples asked if the City would be holding the lien for 30 years
and response was no, the City would no longer be involved after
VOTE ON MOTION: AYE: Beller, Maples, Williams, Dutcher, Purcell,
Shanklin. NAY: Warren. MOTION CARRIED.
8. Consider utilizing City Council contingency funds to
initiate a notification system for license expiration and
consider changing the utility bill format. EXHIBITS: REPORTS
DATED 2/4/97 AND 3/30/97 FROM REVENUE SERVICES SPV.
Williams said he had received several calls on mechanical and
contractors licenses and that some had been used to getting
renewal reminders that were not sent; notice may be provided in
the newspaper regarding electrician licenses that will be coming
up next month. He said he was not sure that things needed to be
mailed, but a notice should have been sent saying that nothing
further would be provided regarding renewals.
Beller said he first thought this was an excellent idea, but in
conversation with staff it did not appear as easy to accomplish
as was originally thought. He said it seemed the investment of
$3,000 to be able to make the notifications would be money well
spent. Beller said a man came forward tonight whose license had
expired and he expressed the turmoil they must go through to get
another license, which should be avoided if possible. He said
three businesses were closed because licenses had expired, then
you go through the fire marshal, building development, planning
and zoning, the entire process again. Beller said it would be
good, in the interest of public relations, to try to accommodate
the users of the permitted items.
Beller said he had a problem with doing this through the utility
bills due to the costs in the neighborhood of $76,000 vs. the
$3,000 for the equipment to do this particular thing. He said the
only ones who receive utility bills are the users of the utility
system, and they have others who work for them that are licensed
but they would not receive the notification. Beller said the
person who holds the permit has to be notified, not just the user
of the utility system. He said the liability the City would
assume should be considered before going into this process, and
that should be researched further. Beller asked the City Attorney
about liability to the City if someone does not receive a notice
Cruz said the City does not have a duty to notify licensees of
their permit expiration; once Council takes action to place that
notice process in effect, the City then assumes a duty, and under
Oklahoma law, if you have a duty to perform something and you
fail to do that, then you are liable for failure to perform your
duty. He said if the City was supposed to give notice to an
electrician to renew his license, and failed to do so and the
license was not renewed, then if the City closes the business,
the person may look to the City for loss of profit for that
period of time the business may be closed.
Beller asked what happened to those who let their license expire
after listening to a presentation by the Building Development,
and the indication from the man who spoke tonight was that it was
not just one, but numbers that have let their licenses expire and
they are coming now and having to pay a $300 fee to be
reinstated. Williams said something would be brought up at the
next meeting to change that.
Beller said that would bring about the question of the adult
entertainment businesses that had let their licenses expire, and
that opens up a problem.
MOVED by Beller, to table this item until we can get a clearer
Shanklin asked to comment before a second was offered. He asked
why all the licenses from Building Development could not be
renewed at one time, possibly with the fiscal year. Maples said
that was under consideration in the task force.
Williams asked if the City had, for years, sent notices to people
regarding their license expirations. Shanklin said the City had
sent some notices to some licensees. Williams asked if it had
been a policy in the past that the City Clerk did that through
her budget. Smith said the postage costs were from her budget in
the past. Schumpert said all postage was paid from the City
Clerks budget at one time, which made that budget appear
inaccurate; postage costs are now paid through each budget to get
a better picture of expenditures.
Schumpert said if Council desired that notices be sent, he could
be so directed and that could be done.
Williams said he did not have a problem not notifying people, but
had a problem with stopping that without telling them it was
being stopped. He said some mechanical contractors thought the
licenses should be renewed in June and could not now receive a
City inspection without coming in and paying $300, whereas their
normal cost would have been $50.
Purcell said it would seem less costly if the City notified those
whose licenses had expired that they would have ten or 14 days to
renew before they are closed and do it at the normal renewal fee.
He said that flexibility should be provided.
Beller said he also received information from a liquor store that
the City was prohibited from licensing certain activities, and
that there are many ramifications involved in this subject.
Maples said she agreed with Purcells idea and asked if the City
Attorney could prepare an ordinance directing staff to send a
notice to someone after their license has expired giving them 30
days to renew. Williams said he thought that was too long. Maples
said the mail system takes quite a while. Schumpert said they
would need at least 30 days because some of the mail that has
been sent to the City has taken 15 days to arrive from Lawton.
Cruz said that could be done but he would have to check each area
of the City Code because the adult entertainment business section
provides that if a license is not renewed by a certain time, it
will not be allowed to operate any longer.
Schumpert asked if this was for builders, plumbers, electricians,
and contractors. Maples said even store owners, restaurants, or
whatever permits there are to operate. Beller said the list shows
500 solicitor permits and asked if that referred to telephone
soliciting. Cruz said those are itinerant vendors, and not those
on the telephones. Beller said if Council determines that notices
should be sent out, it must narrow down the list as to what
should be sent.
Maples asked Cruz how long it would take him to check into this
and Cruz said it could be returned on the next agenda.
Shanklin said he understood some of the licenses expired in
December, as far as the building trades, but they have been
getting inspections in January, February and March with expired
licenses. He said he felt that could create liability; the other
scenario is a "what if", but this has already happened.
Warren said he hated to see the new utility bill idea go down.
Schumpert said that would be a separate issue. Warren asked that
it remain separated and Schumpert said that would be shown in the
budget. Williams said the last page of this item includes
information on the utility bills and he spoke in favor of sending
bills that include information that can be sent to the public.
MOVED by Beller, SECOND by Williams, to table Item 8 until the
Council meeting of May 13. AYE: Warren, Maples, Williams,
Dutcher, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.
9. Consider an agreement with Oklahoma State University to
prepare a site and economic analysis plan for the Lake Lawtonka
Master Plan. EXHIBITS: SITE ANALYSES; ECONOMIC ANALYSES.
MOVED by Williams, SECOND by Dutcher, to approve this item. AYE:
Warren, Maples, Williams, Dutcher, Purcell, Shanklin, Beller.
NAY: None. MOTION CARRIED.
10. Consider approval of an agreement for Mutual Aid in Fire
Protection and Hazardous Materials Incident Response with
Sheppard Air Force Base Fire Department.
MOVED by Williams, SECOND by Purcell, to approve this item. AYE:
Maples, Williams, Dutcher, Purcell, Shanklin, Beller, Warren.
NAY: None. MOTION CARRIED.
11. Consider accepting the donation of a state-certified drug
detection dog from a city employee to be used during police
operations. EXHIBITS: AGREEMENT; CERTIFICATION.
Beller said the City has needed this and that Detective Schucker
should be commended for the donation of the dog. Schumpert said
Detective Schucker would be the dogs handler.
MOVED by Beller, SECOND by Warren, to approve the donation of
Oakley, a certified drug detection dog, and authorize the Mayor
and City Clerk to execute the agreement. AYE: Williams, Dutcher,
Purcell, Shanklin, Beller, Warren. NAY: None. ABSTAIN: Maples.
12.Consider approving a resolution amending Appendix A, Schedule
of Fees and Charges, Lawton City Code, 1995, to establish a fee
for processing offsite improvement dedication outside the
platting process. EXHIBITS: RESOLUTION NO.97-48.
Shanklin asked what would be done with this $300 and what we
would do for it. Bob Bigham, City Planner, said this is a
companion item with the ordinance that was passed on March 25
which established a process for the dedication of infrastructure
to the City. Bigham said a commercial building would require a
sanitary sewer line, which the owner would wish to dedicate to
the City. He said this is the process of engineering review and
Council approval of the plans and inspection of the line before
it is dedicated to the City. Bigham said the fee would cover some
of the administrative cost in that review process up until the
time the infrastructure is accepted by the Council. Bigham said
this is for infrastructure not associated with plats.
Williams asked what has been done in the past in this regard.
Bigham said Chapter 21 provided that easements associated with
offsite dedication would be approved by Planning Commission,
which would condition the approval subject to submission of
plans, then it would come before Council for acceptance. He said
there was also a parallel administrative policy in this regard.
Bigham said language in Chapter 21 was removed and the
administrative policy was rescinded, and Ordinance No. 97-14 set
up the procedure in the code.
Shanklin said he did not understand. Bigham said as an example
the church on East Lee Boulevard, associated with that building
permit, a sewer line is being installed, plans were approved, and
after the line is finished, it will be dedicated to the City for
maintenance purposes. Bigham said that is not associated with a
subdivision plat. He said an off site dedication was done for
First Baptist Church when they petitioned the Council to close
and vacate the alley; plans were approved for their sewer.
Shanklin asked how the figure of $300 was determined. Bigham said
this would cover a part of the administrative costs in review of
the plans and so forth. Shanklin said staff are employed whether
they are reviewing these items of not. Bigham said it is to the
discretion of the Council as to setting the fee, but the purpose
of the fee is to cover some of the administrative costs; if
Council desires to provide the service at no cost, or charge them
to defray some of the costs associated with their requests.
Williams asked if there had been no charge at all up to this
time. Bigham said $25 was charged in association with the lot
Maples said this is a large increase in the fees and that she
would not support $300. Williams said that is not a large figure
on a commercial building.
MOVED by Beller, SECOND by Purcell, to approve Resolution No. 97-48, amending Appendix A, Schedule
of Fees and Charges, Lawton
City Code, 1995, and establishing the fee for processing offsite
improvement dedication outside the platting process. AYE:
Dutcher, Purcell, Beller, Warren, Williams. NAY: Shanklin,
Maples. MOTION CARRIED.
(Title only) RESOLUTION
A RESOLUTION AMENDING APPENDIX A, SCHEDULE OF FEES AND CHARGES,
LAWTON CITY CODE, 1995, ESTABLISHING THE FEE FOR THE DEDICATION
OF OFFSITE IMPROVEMENTS AND ESTABLISHING AN EFFECTIVE DATE.
13. Consider authorizing staff to prepare plans and
specifications to replace the water line on NW Cache Road
(Sheridan Road to 38th Street). EXHIBITS: SKETCH.
Mayor Marley said businesses had problems a while back when work
was done on Cache Road and entrances were blocked. He asked that
this be considered in this contract.
Ihler said plans would require minimizing problems with access,
but the businesses would be inconvenienced during construction.
Maples asked if traffic would be down to one lane at any time.
Ihler projected that the north, outside lane would probably have
to be closed for a period of time but he did not foresee two
lanes being closed.
Shanklin asked how deep the line is and Ihler said about three
and a half feet. Shanklin asked how many connections are needed.
Ihler said every business or commercial property on the north
side would have to be tied back in, unless there is a situation
where someone on an off street one or two houses down brought
their service line back to that main.
Williams asked if the homeowner or business would have to pay for
that tap. Ihler said no. Williams asked the length of time for
the project and Ihler said around 150 to 180 days for the whole
mile, and the entire area would not be torn up at once.
MOVED by Dutcher, SECOND by Williams, to authorize the plans.
AYE: Purcell, Shanklin, Beller, Warren, Maples, Williams,
Dutcher. NAY: None. MOTION CARRIED.
14. Consider adopting an ordinance amending Sections 10-102
and 10-113, Lawton City Code, 1995, amending definitions and
exempting contracting with public agencies from competitive
bidding. EXHIBITS: ORDINANCE NO. 97-19.
MOVED by Maples, SECOND by Warren, to adopt Ordinance No. 97-19,
waive reading of the ordinance, reading only the title.
(Title read by Clerk) ORDINANCE NO. 97-19
AN ORDINANCE RELATING TO PURCHASING, AMENDING SECTIONS 10-102 AND
10-113, LAWTON CITY CODE, 1995, AS AMENDED BY ORDINANCE NUMBERS
95-62, 96-34 AND 97-7, AMENDING DEFINITIONS AND EXEMPTING
CONTRACTS WITH PUBLIC AGENCIES FROM COMPETITIVE BIDDING.
VOTE ON MOTION: AYE: Shanklin, Beller, Warren, Maples, Williams,
Dutcher, Purcell. NAY: None. MOTION CARRIED.
15. Consider the following damage claims recommended for
denial: Takeitha R. Ewing, Damage Claim No. 97-12, and Takeitha
R. Ewing, Damage Claim No. 97-13. EXHIBITS: LEGAL
OPINIONS/RECOMMENDATIONS. Action: Denial of claims.
16. Consider approving retainer agreements designating Scott
Meadors and Dennis Morris as special prosecutors in municipal
court. EXHIBITS: NONE. Action: Approval of retainer agreements.
17. Consider ratifying the action of the Lawton Water
Authority approving an amendment extending the School House
Slough concession lease agreement with Mrs. Charlie Moore until
December 31, 1997. EXHIBITS: NONE. (See LWA) Action: Item deleted
due to LWA action to table.
18. Consider ratifying the action of the Lawton Water
Authority approving lease agreement with School House Slough,
Inc., for the School House Slough concession at Lake Lawtonka.
EXHIBITS: NONE. (See LWA) Action: Item deleted due to LWA action
19. Consider ratifying the action of the Lawton Water
Authority to approve the request of Lessee, Janice Meese,
Robinson Landing, Inc., to cancel the subcontract with Adventure
Outdoor Rental and enter into a new subcontract with Fun in the
Sun, JBM Enterprise, Inc., for boat rentals on Lake Lawtonka.
EXHIBITS: NONE. (See LWA) Action: Ratified LWA action to approve
20. Consider adopting a resolution setting the E-911 Fee for
the period July 1, 1997 through June 30, 1998.
EXHIBITS: RESOLUTION NO. 97-49.
(Title only) RESOLUTION NO. 97-49
A RESOLUTION LEVYING AN EMERGENCY TELEPHONE NOTIFICATION FEE,
PROVIDING FOR A RATE OF SUCH FEE, AND PROVIDING FOR AN EFFECTIVE
DATE. (Rate is 5%; effective date is July 1, 1997 through June 1,
21. Consider accepting the Sewerline Maintenance Project 95-17
as constructed by S.M. Burk Mechanical Contractors and placing
the Maintenance Bond into effect. EXHIBITS: NONE. Action: Accept
project and place maintenance bond into effect.
22. Consider accepting the 1995 Sewerline Rehabilitation
Project 96-3 as constructed by Jodee Construction Company and
placing the Maintenance Bond into effect. EXHIBITS: LOCATION
MAPS. Action: Accept project and place maintenance bond into
23. Consider submitting a grant application to the Corporation
for National Community Service (CNCS) for the Retired and Senior
Volunteer Program (RSVP) for Fiscal Year 1997-98 funding and
authorize the Mayor to accept the grant when approved. EXHIBITS:
NONE. Action: Authorize submission of an application to CNCS for
partial funding of the 1997-98 RSVP in the amount of $21,764 and
authorize the Mayor to execute the grant agreement when approved
by CNCS and the State of Oklahoma is received.
24. Consider entering into an agreement with Grace Harding
Home, Inc., for contract service for litter control and ground
maintenance, and authorize the Mayor and City Clerk to execute
the agreement. EXHIBITS: NONE. Action: Approve agreement and
25. Consider extending contract for landfill scale tickets.
EXHIBITS: VENDORS MAILING LIST; BID TABULATION; RECOMMENDATION.
Action: Extend contract with Colorgraphics "The Print Shop" of
Lawton, OK, to 5/31/98 at same terms and authorize execution of
contract extension document.
26. Consider extending contract for coagulant aid clay.
EXHIBITS: VENDORS MAILING LIST; BID TABULATION; RECOMMENDATION.
Action: Extend contract with Southern Clay Products, Inc.,
Gonzales, TX, to 4/30/98 at same terms and authorize execution of
contract extension document.
27. Consider extending contract for redi-mix concrete.
EXHIBITS: MAILING LIST; BID TABULATION; RECOMMENDATION. Action:
Extend contract with Lawton Transit Mix, Inc., Lawton, OK, to
6/30/98 at same terms and authorize execution of contract
28. Consider extending contract for billboard display
advertising. EXHIBITS: VENDORS MAILING LIST; BID TABULATION;
RECOMMENDATION. Action: Extend contract with Keleher Outdoor
Advertising, Bartlesville, OK, to 2/28/98 at same terms and
authorize execution of contract extension document.
29. Consider extending contract for litter control. EXHIBITS:
MAILING LIST; BID TABULATION; RECOMMENDATION. Action: Extend
contract with Direct Staffing Solutions, Inc., Lawton, OK, to
3/31/98 at same terms and authorize execution of contract
30. Consider awarding contract for siding replacement.
EXHIBITS: MAILING LIST; BID TABULATION; RECOMMENDATION. Action:
Award contract to Brox Industries, Inc., Lawton, OK, for Item 1b.
Vinyl Siding, and authorize execution of contract.
ITEM 31 CONSIDERED SEPARATELY AS SHOWN BELOW.
32. Consider awarding contract for police vehicle equipment.
EXHIBITS: VENDORS MAILING LIST; BID TABULATION; RECOMMENDATION.
Action: Award contract to Tuxall, Oklahoma City, OK, and
authorize execution of contract.
ITEM 33 CONSIDERED SEPARATELY AS SHOWN BELOW.
34. Consider awarding contract for lugger hoist. EXHIBITS:
MAILING LIST; BID TABULATION; RECOMMENDATION. Action: Award
contract to Industrial Disposal Supply, Plano, TX, and authorize
execution of contract.
35. Consider awarding contract for aqueous film forming foam
(AFFF). EXHIBITS: VENDORS MAILING LIST; BID TABULATION;
RECOMMENDATION. Action: Award contract to U.S. Foam, Charlotte,
NC, and authorize execution of contract.
36. Consider awarding contract for riding tractor. EXHIBITS:
MAILING LIST; BID TABULATION; RECOMMENDATION. Action: Award
contract to Standridge of Duncan, Duncan, OK, and authorize
execution of contract.
37. Consider rejecting bids for high intensive use chairs.
EXHIBITS: VENDORS MAILING LIST; BID TABULATION; RECOMMENDATION.
Action: Reject sole bid.
38. Consider terminating the contracts for Library Books,
Services, and Periodicals with Sadler Book and Office Supply,
Inc. and Books on Tape, Inc. EXHIBITS: NONE. Action: Approve
termination of contracts and authorize staff to make the
39. Mayors Appointments. EXHIBITS: NONE.
Citizens Advisory Committee (CIP):
Pastor Gary Bender, Ward 6, Term: 4/22/97 to 8/13/97
Commission on Aging:
Carol Barnes, Term: 4/22/97 to 12/14/99
Lakes & Land Commission:
King Wiggins, Term: 4/22/97 to 4/22/2000
John Guy Erwin, Term: 4/22/97 to 4/22/2000
Building Development Appeal Board:
Paul Brune, Architect/Engineer Rep., Term: 4/22/97 to 4/22/99
40. Consider approval of payroll for the period of April 7
through 20, 1997. EXHIBITS: NONE.
Mayor Marley asked that Items 17 and 18 be deleted due to
previous action in the Water Authority. He said that he had
received a request to speak regarding Item 33. Shanklin asked
that Items 31 and 33 be considered separately.
MOVED by Williams, SECOND by Purcell, to approve the Consent
Agenda items as recommended with the exception of Items 17, 18,
31 and 33. AYE: Beller, Warren, Maples, Williams, Dutcher,
Purcell, Shanklin. NAY: None. MOTION CARRIED.
31. Consider awarding contract for baseballs and softballs.
EXHIBITS: VENDORS MAILING LIST; BID TABULATION; RECOMMENDATION.
Shanklin said only one bidder was able to meet the specifications
and asked why they were written in that manner. Dick Huck, Parks
& Recreation Director, said specifications identify the size and
weight of the balls following the guidelines of the National
Baseball Congress or the Amateur Softball Association. Huck said
bids were evaluated according to the specifications and award
recommended to the low bidder in all cases; no one was excluded
from bidding. Shanklin said they were excluded if they could not
meet the specs. Huck said the Dudley softball is a wholesaler and
various local sporting goods stores handle the ball, but why they
did not submit a bid, he did not know. Shanklin asked if the City
could expect delivery from Marietta, GA, and Huck said that
should not be a problem because they are from the manufacturer.
MOVED by Shanklin, SECOND by Williams, to approve Item 31. AYE:
Warren, Maples, Williams, Dutcher, Purcell, Shanklin, Beller.
NAY: None. MOTION CARRIED.
Action: Award contracts to: A.D. Starr, Marietta, GA for Item 1a;
BSN Sports, Dallas, TX for Items 1b, 2a and 2b; Bills
Scoreboard, Lawton, OK for Item 1c, and authorize execution of
33. Consider awarding contract for motor grader. EXHIBITS:
MAILING LIST; BID TABULATION; RECOMMENDATION.
Mayor Marley said two gentlemen have asked to speak and Council
agreed to receive comment.
Henry Boecking, Kirby-Smith Machinery, said his bid was deemed to
not meet specifications on the basis of operating weight, torque
power and working speed, according to staff. He said
specifications called for a minimum of 32,000 lbs. and his, as
specd in the bid invitation, his would weight 33,664 lbs. On the
horsepower item, it is a variable horsepower machine, asking for
a minimum of 150 and then escalating up to 185 hp; his machine is
specd at 166 hp in first and second gear and 190 hp in gears
three through six, so the specifications are easily met on those
Boecking said on the third item on travel speeds, there was a
specification his firm did not meet in that the request was for
five gears under 10 mph, five working speeds. He said his machine
has a six speed transmission as opposed to an eight speed.
Boecking said as far as travel speed, it listed a maximum speed
of minimum of 24 mph and his would do 28-1/2 mph. He said on the
mow board, which is the actual part of the motor grader that does
the work, the request was for a 3/4" thick mow board by 24" high;
his is 7/8" thick by 26" high, so it is larger.
Shanklin asked where the weight was lost on this machine.
Boecking said the frame is not as heavy but that he did not have
the specs on the individual components of the machine; weight is
33,664 lbs. with the ripper, push block, tires, and so forth;
strip down it weights 30,100 lbs.
Beller said the information shows an operating weight of 32,000
lbs., and that would include what was specd. Boecking said that
is the operating weight of the machine with full fuel tank and
operator. Beller said Boeckings bid met that criteria and
Boecking agreed. Boecking said he obviously met the specification
on horsepower, and that his bid included a full machine warranty
of 36 months or 5,000 hours at no charge, bumper to bumper;
extended power train warranty for five years, 60 months or 7,500
hours can be added for $1,814.
Boecking said his firms bid is lower than the recommended bidder
by $35,239, and the only place they do not have everything
specified in the bid request is that his machine is designed with
a six speed transmission as opposed to an eight speed. Boecking
said it is a six wheel drive machine with a low profile cab,
ninety degree left and right bank slope, full rear ripper, and a
difference of $35,239. He said he took exception to the fact that
his bid was disqualified.
Williams asked for staff input. Ihler said the specification on
the weight said the SAE minimum operating weight without add on
weights or wheel ballasts, 32,000 lbs.; the heavier piece of
equipment was requested because the greater the weight, with our
side slopes, you have greater stability. Specification called for
the SAE minimum operating weight without the add ons; it should
have met the 32,000 lb. minimum weight without that, and it did
not without the front wheels and add ons. Ihler said that is a
safety issue, and the heavier the machine, the better off you
Ihler said five working speeds below 10 mph were requested, and
Boeckings provided only three below 10 mph. The need for the
five speeds is due to the multiple facets of operations at the
landfill, as they are doing road grading, and also operating
during muddy situations, and the side slopes, they want the
variable speeds and also feel that the additional gears requested
do increase the performance by increasing the speeds. He said the
biggest factor is safety in operating the grader.
Shanklin said the weight can be added to the equipment. Ihler
said the specification was set based on existing equipment, and
that weight was provided in the specification.
Beller said the requested five working speeds was critical and
Purcell said a lot of time was spent in working on the
specifications; there was a problem before when the specs are
developed and people do not meet them and we want to take the
bid. He said $35,000 is a big difference, and it would be good to
be able to save it, but if the specs are wrong, they should be
changed; to let everyone come in and say they did not meet the
specs but they were cheaper, there is a problem taking that bid.
Purcell said one firm meets the specs, and the other does not but
it is cheaper.
Maples asked if any of the existing equipment operates at three
speeds. Ihler said the City has no other equipment like this.
Jim Taylor, C.L. Boyd Company, said their main store is in
Oklahoma City but there is a branch store in Lawton that employs
eight people. He said on the five working speeds, that adds
versatility to the capability of the machine; crews will be
working on slopes, roadways, ditches and drainage. Each
application will determine which gear they need to operate in.
Taylor said the advantage to the multiple selection is you can
keep the engine RPMs up where you have full hydraulic control
over the blade, steering, brakes, and also the travel speed does
not exceed the need and allows for operation is an efficient
Williams said the Specification Committee tries to work toward a
generic specification that a number of vendors can meet, and
maybe there was insufficient information, but the lowest bidder
did not meet the specification.
MOVED by Williams, SECOND by Warren, to award the contract for
the motor grader to C.L. Boyd Company. AYE: Warren, Maples,
Williams, Dutcher, Purcell, Beller. NAY: Shanklin. MOTION
ADDENDUM BUSINESS ITEMS:
2. Pursuant to Section 307B4, Title 25, Oklahoma Statutes,
consider convening in executive session to discuss a pending
action in the matter of IAFF and Charles T. Taylor vs. the City
of Lawton, FMCS 96-09962, and take appropriate action in open
session. EXHIBITS: NONE.
3. Pursuant to Section 307B4, Title 25, Oklahoma Statutes,
consider convening in executive session to discuss a settlement
offer on a pending lawsuit styled State of Oklahoma, ex rel,
Department of Transportation; and the City of Lawton, Oklahoma,
vs. Horton, et al., Case No. CJ-95-603, in the District Court of
Comanche County, and take appropriate action in open session.
NEW BUSINESS ADDENDUM ITEM:
1. Pursuant to Section 307B2, Title 25, Oklahoma Statutes,
consider convening in executive session to discuss the status of
negotiations between the City and the Fire Union, IAFF Local
1882, and in open session, take action on the Employment
Agreement for FY 97-98 between the City and the Fire Union, IAFF
Local 1882. EXHIBITS: NONE.
MOVED by Williams, SECOND by Dutcher, to convene in executive
session as recommended by the legal staff. AYE: Warren, Maples,
Williams, Dutcher, Purcell, Shanklin, Beller. NAY: None. MOTION
The Mayor and Council convened in executive session at 10:05 p.m.
and reconvened in regular, open session at 10:50 p.m. with roll
call reflecting all members present except Dutcher and Green.
Cruz reported the Mayor and Council met in executive session to
consider the items listed on the agenda; on Item 2, the matter of
Charles Taylor v. City of Lawton, no action is needed in open
session and the City Attorney will proceed with previous actions.
Cruz reported on Item 3 regarding Horton, he would request that
the Council approve settlement of this matter in the amount of
$650,000, with approximately $210,000 to be placed on the tax
rolls and approve a resolution to that effect.
MOVED by Williams, SECOND by Purcell, to approve a resolution
regarding the Horton matter. AYE: Maples, Williams, Purcell,
Shanklin, Beller, Warren. NAY: None. MOTION CARRIED.
(Title only) RESOLUTION NO. 97-50
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. HORTON, ET AL., CASE NO. CJ-95-603, IN THE DISTRICT
COURT OF COMANCHE COUNTY, OKLAHOMA.
Cruz reported a new item of business on executive session was the
status of negotiations with the firefighters union; no action is
needed at this time.
Cruz said as a new item of business, he briefed the Mayor and
Council on the outcome of the Wightman case and that no action is
needed at this time.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.
Schumpert said a special Council meeting would be held May 5 at 9
Schumpert said he was unable to reach anyone representing Cracker
Barrel; there are a number of rumors that the restaurant is not
coming to Lawton solely because of action, inaction or attitude,
requirements, etc. from the Planning Department. Schumpert said a
citizen was able to get in touch with an executive from Cracker
Barrel and was told the City staff was very helpful to them and
there was not a problem in that regard. He said the company
president came here and viewed the site personally and did not
like the road that winds down into it and did not like the fact
that you could not see the restaurant if you were coming from the
north until you got by the overpass. Schumpert said there is an
indication that Cracker Barrel has found another site in Lawton.
There was no further business and the meeting adjourned at 10:55