Month 1997-6 June
Meeting of 1997-6-10 Regular Meeting
MINUTES
LAWTON CITY COUNCIL REGULAR MEETING
JUNE 10, 1997 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
John T. Marley, Mayor, Also Present:
Presiding Gil Schumpert, City Manager
John Vincent, Senior Assistant
City Attorney
Brenda Smith, City Clerk
The meeting was called to order at 6:30 p.m. Notice of meeting
and agenda were posted on the City Hall bulletin board as
required by State law.
ROLL CALL
PRESENT: Jody Maples, Ward One
Richard Williams, Ward Two
Jeff Sadler, Ward Three
John Purcell, Ward Four
Robert Shanklin, Ward Five
Charles Beller, Ward Six
Carol Green, Ward Seven
Randy Warren, Ward Eight
ABSENT: None.
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR
MEETING OF MAY 27, 1997.
MOVED by Purcell, SECOND by Sadler, for approval of the minutes.
AYE: Williams, Sadler, Purcell, Shanklin, Beller, Green, Warren,
Maples. NAY: None. MOTION CARRIED.
AUDIENCE PARTICIPATION: None.
UNFINISHED BUSINESS:
1. Consider entering into an agreement with the United Social
Actions, Inc. to carry out the Youth Employment Project funded
during the 1996-1997 program year. EXHIBITS: AGREEMENT.
Schumpert said this item was previously tabled due to concerns
over the amount of money being proposed for administration.
Frank Pondrom, Housing and Community Development Director, said
USA, Inc. revised the agreement and returned it, and that he and
the City Attorney had discussed it, resulting in a new agreement.
He said there were clarifications made regarding ages, and the
City Attorney was mindful of the contractor relationship that
needs to be maintained and would be damaged if it were too
specific about how to carry out an activity. Pondrom said
administrative costs have been reduced, USA, Inc. will rely more
heavily on volunteers, to $1,500.
MOVED by Green, SECOND by Shanklin, to authorize the Mayor and
City Clerk to execute an agreement with USA, Inc. to implement
the youth employment project for $20,000.
Purcell said paragraph seven is a hold harmless agreement and
asked if the City would be liable for any actions that might
result in anyone getting hurt. He said he thought insurance was
previously required. Vincent said there is a requirement in the
base contract at paragraph eight for insurance. Purcell asked if
the City would be completely covered between the insurance and
the hold harmless agreement. Vincent said yes.
VOTE ON MOTION: AYE: Sadler, Purcell, Shanklin, Beller, Green,
Warren, Maples, Williams. NAY: None. MOTION CARRIED.
2. Reconsider an ordinance amending the Land Use Plan from
Residential-Multi Family to Commercial and Office and changing
the zoning from C-1 (Local Commercial District) to C-4 (Tourist
Commercial District) zoning classification located at 302 NW
Rogers Lane. EXHIBITS: ORDINANCE NO. 97-____; LOCATION MAP; SITE
PLAN; LETTER AMENDING REQUEST; LMAPC MINUTES.
Mayor Marley said a request has been received from the property
owner to table this matter until July 22.
MOVED by Beller, SECOND by Sadler, to table this item until July
22. AYE: Purcell, Shanklin, Beller, Green, Warren, Maples,
Williams, Sadler. NAY: None. MOTION CARRIED.
BUSINESS ITEMS:
3. Hold a public hearing and consider an ordinance changing
the zoning from R-1 (Single Family Dwelling District) to C-1
(Local Commercial District) zoning classification located at
2101-2113 and 2117 West Gore Boulevard. EXHIBITS: ORDINANCE NO.
97-27; LOCATION MAP; APPLICATION FOR REZONING; EXCERPT FROM 2020
LAND USE PLAN; LMAPC MINUTES.
Deborah Jones, Assistant Planning Director, said a number of
property owners have submitted a request for rezoning on Lots 17,
and 19-25, Block 6, Lee Addition; Lot 18 is already zoned C-1.
This request will rezone the entire area from Arby’s east to
Morford Drive. Surrounding zoning is R-1 on the north and east;
C-1 on the south across Gore; R-3 multiple family dwelling
district to the west. There are single family residences to the
north and east; commercial activities are located to the south
and west. The single family residences located on certain of
these lots will be removed to allow for redevelopment.
Jones said LMAPC approved a request for a Use Permitted on Review
to operate an oil and lube shop on Lots 18, 19 and 20, within
this request. This has been appealed by a number of property
owners, and the appeal will be heard by Council on June 24. She
said it is proper to consider the rezoning tonight. LMAPC held a
public hearing on May 14 regarding the zoning change; one person
spoke in favor and the LMAPC voted 7-0 to recommend approval of
the rezoning from R-1 to C-1 on the described tracts.
PUBLIC HEARING OPENED.
Fran Hankins said she owns property at 2107 and 2109 Gore,
presently being used as rent houses. She said she had filed for
appeal on the UPOR which will be heard two weeks from tonight,
and the survey shows there are 31,000 cars that use Gore
Boulevard. Hankins said she hoped her house was not turned into a
pet shop, dry cleaners or laundry and that Lawton had too much to
offer going down Gore Boulevard to have it butchered up. She said
she hoped the entire block might be purchased by one commercial
unit, and the buildings be located toward the back of the lots
rather than 25 feet from the easement line because it is a very
busy street. Hankins said she hoped everyone would drive down the
street during rush hour and check with the police to see how many
accidents have occurred.
Purcell asked Hankins if she was in favor of the zoning change or
in opposition. Hankins said she was in favor of the zoning change
but that Council should consider some restrictions on the UPOR.
PUBLIC HEARING CLOSED.
MOVED by Beller, SECOND by Green, for approval of Ordinance No.
97-27, waive the reading of the ordinance, read the title only,
and approve the rezoning.
(Title read by Clerk) ORDINANCE NO. 97-27
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 R-1 (SINGLE
FAMILY DWELLING DISTRICT) TO C-1 (LOCAL COMMERCIAL DISTRICT)
ZONING CLASSIFICATION; AUTHORIZING CHANGES TO BE MADE UPON THE
OFFICIAL ZONING MAP IN ACCORDANCE WITH THIS ORDINANCE.
VOTE ON MOTION: AYE: Shanklin, Beller, Green, Warren, Maples,
Williams, Sadler, Purcell. NAY: None. MOTION CARRIED.
4. Hold a public hearing and consider an ordinance amending
the Land Use Plan from Residential-Single Family and Duplex to
Residential-Multi Family and changing the zoning from R-1
(Single-Family Dwelling District) to R-3 (Multiple-Family
Dwelling District) zoning classification located at 1803 NW Elm
Avenue. EXHIBITS: ORDINANCE NO. 97-28; LOCATION MAP; SITE PLAN;
APPLICATIONS FOR AMENDMENT TO LAND USE PLAN AND REZONING; LMAPC
MINUTES.
Jones said the request was submitted by the Lawton Teachers
Federal Credit Union. The request also included a UPOR to
construct a parking lot associated with the current commercial
building. This is a .1 acre tract and it currently contains a
single family residential structure which will be removed for
expansion of the parking lot.
Jones said the tract is bounded by R-1 on the south and west; R-3
on the east; and C-1 to the north. Liberty Heights Christian
Church is to the south; single family to the west; Lawton
Teachers Federal Credit Union to the north; and a parking lot for
the credit union is to the east. Proper notice was served for the
LMAPC hearing. LMAPC held the hearing on May 14 and one person
appeared on behalf of the Credit Union to answer questions. No
one submitted letters or voiced opposition. The LMAPC voted to
recommend amendment to the Land Use Plan and the change of
zoning, as well as approving a UPOR for a parking lot associated
with the commercial activity at this location.
PUBLIC HEARING OPENED. No one appeared to speak.
PUBLIC HEARING CLOSED.
MOVED by Williams, SECOND by Green, to adopt Ordinance No. 97-28
changing the zoning from R-1 to R-3 and amend the Land Use Plan
as recommended, and waive the reading of the ordinance, read the
title only.
(Title only) ORDINANCE NO. 97-28
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 R-3 (MULTIPLE FAMILY DWELLING DISTRICT) ZONING CLASSIFICATION;
AUTHORIZING CHANGES TO BE MADE UPON THE OFFICIAL ZONING MAP IN
ACCORDANCE WITH THIS ORDINANCE.
VOTE ON MOTION: AYE: Beller, Green, Warren, Maples, Williams,
Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.
5. Hold a public hearing to receive citizen input on an
application to the Department of Housing and Urban Development
(HUD) for a Section 108 loan and an Economic Development
Initiative Grant (EDI) for the renovation of the former Dunbar
Elementary School and take appropriate action. EXHIBITS: NONE.
Pondrom said Council set a public hearing at its last meeting to
consider this request. Viewgraph chart was presented concerning
the estimated costs and Schumpert noted the figures were not
large enough to read. Floor plan was presented showing spaces to
be occupied by Great Plains Improvement Foundation and by Marie
Detty Youth Services, as well as the portion for USA, Inc.
Schumpert said staff is recommending not applying for this based
on the sole reason that if there is default on the loan, the City
is the requestor and would become responsible for whatever
remains on the loan.
Shanklin said he had a problem with that, as well as the fact
that you could build something new for less money. He said it
appeared USA would only have a small portion of space in the
building. Shanklin said the building is in the flight path and
that was one of the reasons it was closed initially. He said he
could not vote for this until FAA says it is all right.
Purcell said USA, Inc. would have only a small part of the space
in the building. He said for $1.2 million it appeared a new,
better and larger facility could be built. Purcell asked the
square footage USA would have. Pondrom said approximately 8,000
to 10,000 square feet.
Williams said $1.2 million is to renovate the whole building and
asked the square footage of the whole building. Pondrom said
approximately 24,000 square feet. Williams said it appeared to be
a viable project but expressed concern about the flight path and
the City’s liability if the tenants leave.
Pondrom said the Dunbar School is not in the flight path.
Shanklin said it is next to it, any way you want to describe it.
Pondrom said it is within the parameters set by HUD to be funded
with CDBG funds, meaning the area receives not more than 65
decibels according to the contour lines provided in the LMAPC
Master Plan, which HUD goes by. Shanklin said FAA may not agree,
even though HUD may. Pondrom said the flight path was close to
the middle of the school but planes have become smaller and less
noisy and the contour lines were moved outside the property
lines.
Beller asked Pondrom if he was sure, and asked if it was because
the aircraft had become less noisy. Pondrom said Beller is on the
Airport Authority and would know about this, but that it was his
understanding the jet aircraft engines have been required to be
muffled and required by FAA to do certain modifications to their
engines. Pondrom said he thought that may have been part of the
reason the contours were moved, although he did not know exactly.
Beller said he thought it had changed because AAR Part 119
relates to the noise, and that particular area was assessed as a
noise area. Beller said a new study was made in the last year and
that aircraft had become more noisy.
Beller asked how long GPIF and Marie Detty are allowed to
contract for in a lease agreement. O’Dell Gunter, GPIF Director,
said they can only commit their funds by the year due to
uncertainty of federal funding from year to year. Beller said
that was one of his concerns.
Maples said she had spoken with the Director of Marie Detty and
he said even if they signed a 30 year lease, there is always a 30
day clause because they receive federal grants; if those grants
are not received, they have to terminate their agreements. Maples
asked how much money USA had raised themselves to improve the
building. Pondrom said he did not know, but their projections
include annually raising $20,000 to $30,000 by fund raising,
membership agreements, and that sort of thing. Maples said if
this is a community project, it seems the community should raise
the money but it has turned into the City being responsible and
that it should not be that way.
Green said the school was closed in 1973 due to the desegregation
plan, and not just the airport. She said their purpose is to
provide constructive and alternate choices for youth and adults
in the neighborhood. Green said this building has represented
pride in the community to the families; it has been idle and the
problem has been given back to USA. She said the $41,000 per year
would come out of CDBG if Marie Detty and Great Plains are not
able to remain in the building, and that is a big chunk of CDBG
funds. Green said she is in favor of the project.
Shanklin said if $1.2 million is being requested for a 8,000
square foot building that would be $150.00 per foot. He said USA
can use only 8,000 square feet of the building. Shanklin said a
building could be built in a more central location at a much
lesser cost.
PUBLIC HEARING OPENED.
Rev. Wesley Woodward, 1601 SW Pennsylvania Avenue, said he is
representing United Social Action, Inc., and is a board member
and parliamentarian for the group and is spearheading the
activities of the committee. He said he is also appearing as a
resident of Lawton View and as a pastor. Rev. Woodward said he
would distribute brochures giving information about USA, Inc. and
its purposes, one being to renovate the Dunbar Center. He said
they are not a club or lose band of rebels wanting to find a way
for the City to spend money unnecessarily for a project, and with
the budget problems the City has, the last thing the City needs
is to consider endorsing any project that has a high risk of
becoming an expense to the City. Rev. Woodward said they are
asking for consideration of the opposite; they are asking the
City to join hands with them as they build a brighter future for
the Lawton View community by allowing them to submit an
application for grants and loans.
Rev. Woodward said in 1973 a group of concerned citizens from
Lawton View stood before the Lawton Public School System and
asked them not to close the Dunbar School as part of
desegregation, which is the reason officially that it was closed,
and not due to air traffic. He said he could not say why the
citizens made that request but that history can say. Rev.
Woodward said Lawton View is a melting pot of various ethnic
cultures and races that seem to be poor and welfare recipients,
but are valuable in the community. He said although it is
predominantly Black, Lawton View is a valuable asset to the
community. Rev. Woodward said when we take the cultural aspect
away from the community, as the City is considering doing and
building somewhere else and taking Dunbar out of the picture, the
community has no central or cultural aspect to look up to. He
said instead of having a cultural center they could look up to,
they have crack houses in Lawton View, and dope dealers to look
up to. Rev. Woodward said he was asking to have a cultural place
where children could look back and say this was Vernon Separate
School, this is history, where Black kids only could go to
school, that is what Dunbar started as, founded by Blacks to get
an education; it is about history, becoming a part of the Lawton
School System in 1935, that is what is in Dunbar.
Rev. Woodward said this is about Ralph and Mildred Davis, two
Black teachers who taught kids arithmetic, reading and writing;
it is about the summer of 1943 when the original Douglas frame
building was moved from First and Gore to the present site where
Dunbar is to house Dunbar Elementary. He said that is history and
that is culture. Rev. Woodward said the Black kids used to look
up to teachers, but there are no teachers in their community, and
when you take elementary schools out of a Black community, as we
did during desegregation, we have no one to look up to. Rev.
Woodward said what he faces as a pastor is crack houses in Lawton
View and kids wanting to go to dope dealers because they make
more money, they see more inspiration. He urged the Council to
see Dunbar as more than just a building, more than just a
project, but a cultural project for Black girls and boys, Indian
girls and boys, Mexican Americans and Whites to come to be
tutored in after school programs and given a hand up and not a
hand out. Rev. Woodward said he wanted Dunbar to be a place where
Blacks could stand and say they are not looking for welfare and
they do not want the City to do anything for them, they want to
put the money into it themselves for the Black community.
Rev. Woodward said they have a motto at USA that "no man ever
stood taller than when he stooped to help someone else". He asked
the Council to stand tall and allow them to submit just an
application and give them an opportunity to show that they have
some viable opportunities.
Mildred Carter Rice, 4614 SW I Avenue, said she was present to
speak on behalf of her children who were reared in Lawton View,
and now her grandchildren, and the coming generations. She said
she was making a plea to Council to allow the loan for the Dunbar
Center, and to please not make the mistake they did in the past.
Rice said the Housing Authority wrote a proposal to HUD for a
center that was badly needed in their area, but took the money
and built an office building, which was needed. She said the City
is not the Housing Authority, but is still held accountable, and
the situation has been brought under control. Rice said they
suffer and are still suffering today. She said the City has
enough lawsuits pending against them and that she was not giving
up.
Rice said a paper, Monday, May 26, showed your preference is to
build a prison system instead of a community center, which is
another form of slavery. She said she was tired and it is enough.
Rice thanked her council person for fighting for them and that
she hated violence but was acquainted with it. She requested
support for this project.
Carl Usery, 4508 SE Brown Avenue, said he was present before and
watched the item be tabled and procrastination taking place. He
said Dunbar School closure was a scar of racism. Usery said he
was present to support USA, Inc., which had proven themselves to
be qualified and worthy of receiving land, labor, capital, grant
money and loans from the federal, state and city governments;
however, red lining, discrimination and bigotry in put from
oppositional forces seems to procrastinate the procedures in the
City’s decision making process to where USA, Inc. that earns
money through their volunteerism, demonstration and willingness
to restore dignity and respect to a community in Lawton View that
was damaged and wounded by the previous city government officials
and previous Lawton Public School Board officials, they all were
working together back then; now, the USA, Inc. would like to
start a healing process to heal the scars and wounds of bigotry
and racism of the past.
Usery said excuses such as poorly written propositions and master
plans will not stop USA, Inc. from accomplishing the goals and
objectives shown on the brochure. He said the $20,000 contract
earlier with USA, Inc. was an investment already into the process
of healing, which was good, but to complain about the $5,000
division in the supervisors and directors with the responsibility
for implementing positive programs that stimulate self esteem,
set career goals, plan for self improvement, pride in community
and positive atmosphere, therefore, to complain about or
disapprove the USA request tonight would make the oppositional
forces a part of the problem, and not a part of their solution to
heal the scars of racism that plague this city.
Usery said the Dunbar Project will take everyone working together
in peace and unity to heal all the scars and wounds that racism,
discrimination, misappropriation of funds from the federal, state
and city government have received where there has not been equal
distribution of funds, and we must work together to restore and
improve conditions in low income communities. He asked members to
vote yes for USA, Inc. and for the people.
Steven Boyd, Lawton Chapter NAACP President, said he was present
to speak about the importance of the City’s support for the
proposal for the USA Dunbar Project. He said he was interested in
the Dunbar Project because it stems from the desire to implement
projects involving education, tutoring, mentoring for young
people, homework assistance, and other elements dealing with drug
abuse and things that could uplift the community. Boyd said it is
of major importance that this will not be, over a period of time,
dependent on City funding; this project may serve as a prototype
for future projects the City can endorse to make a transition
from using tax dollars for many City related projects. He said
the Dunbar Center and others similar to it would have the
capability of serving or being used for facility and services the
City already has in place; using the resources of the community,
possibly a transition can be made to unload some of the overhead
expense the City is currently using in avenues such as this.
Boyd said the City should assist with the project in as many ways
as possible to insure its success because it would insure the
future success of the City. He said citizens want to take on more
responsibility in taking care of the city in which they live.
Boyd said the project is an opportunity to transition from the
massive, City tax funded power back to plain, old people
resource, which has immense potential. He said churches, civic
and social organizations have joined together to see this to its
completion.
Boyd said there is a growing concern in the community as to
whether the Council will be part of the solution or not, and at
times the City leaders seem concerned only about the
neighborhoods in which they specifically live. He said it is all
of the neighborhoods that make up the City. Boyd said the group
is not asking for funds currently being used by other City
projects, and not even asking to allocate money for future City
projects. He said as with the concept of teaching independence
from negative influences in society, the group has provided a
plan to be independent from City funding but merely seek the
City’s initial endorsement of support. Boyd said the City has
supported other projects in other neighborhoods. He said if there
are flaws in the plan, the City officials should use their
leadership skills to assist the group in a constructive input,
rather than criticism. Boyd said supporting this project, which
will not require local funding, will enable the City to provide
more support in the other neighborhoods. He said the Council’s
support of this project would be an encouraging statement to the
citizens who have been inspired to help those in need and would
be a testimony to the City that inspired them to want to do this
in the first place. Boyd said many eyes are on the City to see if
this marriage between the citizens and the City will work.
Veolia Bennett, 1914 SW G Avenue, said she had been with the
Dunbar project for two years and had come before Council
previously to request assistance to clear the building so they
could use it in a safe manner. She thanked the City Engineer’s
department for coming down to do that for them. Bennett said they
had held many activities at the building but was disappointed
when they were described as a club at the last meeting. She said
USA has the teen pregnancy agency, has helped the homeless, and
served the sick and shut ins and reached into the nursing homes
to provide lap top desks for convenience. Bennett said the Mayor
had attended activities at Dunbar, and that Representative Ron
Kirby had been there when it was in bad shape. She said today you
can walk through Dunbar School any where you want to, and that
they carry on numerous classes working with children in arts and
crafts, and in teaching children how to live, work and coordinate
together. Bennett said the City has the Multi-Purpose Center but
asked how many children can walk that distance at the ages of
three and four. She said she is in the building every day and
when you speak of noise, you should think again because she has
headaches quickly when aggravated and has been in the building
all day long cold or hot and has not had a headache.
Bennett said they were asking the Council to think about the
children in the area. She said she moved back to Lawton in 1994
and her grandson and his friends asked her if there was anything
she could do to help them because they wanted a center. Bennett
said she came on board to be there until the project was
finished. She said she had distributed a book showing pictures of
activities and asked Council to see if they felt that would be
worthwhile.
Beller asked if the EDI grant had been submitted for $730,000.
Pondrom said no. Beller asked if it looked favorable. Pondrom
said at the last meeting it did not look favorable, but since
then the Congress and the President have worked out a balanced
budget agreement and part of that includes funds for HUD for this
program, so it appears more favorable than it did at the last
meeting. Pondrom said federal funding is only provided on an
annual basis, but that you would never know unless you submitted
an application.
Willie Hopkins, Jr., 1906 Garfield Avenue, said he was present to
speak on behalf of the Dunbar Center. He said he is a dreamer or
visionary, looking ahead, and seeing the grand opening of the
Dunbar Community Center. Hopkins said the grand opening would
say, in effect, that we struggled, but we prevailed; we prevailed
over our insecurities, those things that effect us, those things
that divide us, those things that keep us from working together,
but we prevailed. He said this can only be realized if we work
together.
Hopkins said you are not just dealing with a building that
someone wants to make look good; you are dealing with an
investment for the future. He said the crime we have now can be
challenged in that area by a viable center for those kids with
the right kind of programs; it can provide opportunities for
police to speak, as well as arts programs and all kinds of things
can happen with that center. Hopkins said he did not want the
reconstruction of the center to be just for Black people, or
White people, but wanted the project to include the basis of
Lawton, everyone of every race. He said he wanted a positive
approach of how this could be done rather than how we can get out
of doing it. Hopkins said that is not an accusation, but
approaching the project has been like driving with one foot on
the accelerator and the other on the brake, you race the motor
but do not move. He said we should take the foot off the brake
and move ahead as a group to do something about our City and an
area that has been hurting for a long time.
Hopkins said when he first came to Lawton in the 1950’s, people
of his color could only live in the Patterson area or the Dunbar
area. He said progress had been made and a few chose to stay
there. Hopkins said six of his seven children passed out of the
Dunbar School area, so he identified with the place, and now
there is an opportunity to do something. He said funds can be
obtained for historical preservation and the Dunbar Center fits
this category. Hopkins said the City gets approximately $1.4
million per year through CDBG and HOME funding, and has been
getting that for many years, so that funding is in place. He said
a payment of $41,000 a year to pay this back, in ten years, you
would have paid over 2/3rds of the cost from the money given to
the City for people in areas such as the Dunbar area. Hopkins
said that area is called census tract 16 and it has the very low
and moderate income people in the greatest concentration; if you
really want to make a statement, not in words but in
demonstration and performance, he would urge support of the
project and ask how you can help this to become a viable project.
Hopkins said he was looking forward to the ribbon cutting
ceremony to reflect a group of people working together for a
common cause to help the neighbors.
Rose Harkey, wife of the late Lemuel Harkey, said she has lived
this and went to Dunbar today to help Ms. Bennett to get ready
for a project they are having. She said she did not know all the
ins and outs of the funding, but wanted to invite everyone to the
functions so you can see the children who attend and the
activities. Harkey thanked the Mayor for his support, and her
Council lady, and the others who have been there. She asked that
they be given an opportunity and said that she had faith to
believe and have a vision to see improvement in the Lawton View
community, which has problems, as does every other community, but
you have to try to do something about it. Harkey asked that
Council allow them to put in the application and to consider the
things they could do to help make their community better.
Philip Rashid, 1621 SW Pennsylvania, said when he walks out his
back door he looks at the Dunbar Center, and that he has seen a
great improvement over the last 12 years. He said when he came to
Lawton, he was told by people that he did not want to live in
Lawton View, and he said that was exactly where he wanted to live
because it reminded him of where he grew up. Rashid said he had
lived in all kinds of neighborhoods and had worked with all kinds
of people, and that he liked that neighborhood and was speaking
as a citizen. He said some of the concerns of the Council
appeared to have some foundation but it did not seem to be enough
to stop the development of the project. Rashid said Lawton is our
City, and if there is a sore spot in it anywhere, it is a sore
spot for everyone. He asked that the Council support this
project.
Vera Boyd said she is employed by the City of Lawton as an arts
activity coordinator and that the City held a spring break during
March 1997 where a professional artist came in to teach the youth
of the area how to do tie dying. She said children of a wide
range of ethnic and racial cultures participated and were
thrilled by the experience. The activity was held at Dunbar
School. Boyd said $1.2 million cannot be enough for that area due
to the history that it represents and the youth in the community
that need this center.
Mayor Marley asked if anyone had anything further to offer on
this subject.
Charlotte Haywood said you need to take a chance; life is a
chance; and the residents took a chance by voting the current
officials into office. She said she did not attend Dunbar School
but beauty is in the eye of the beholder and she could see the
future where young people could use the building where before
they had nothing going for them or did not have a vision. Haywood
said they wanted to give their children a hope for the future and
instill pride into them, integrity, and let them know they are
somebody and can be somebody no matter where they came from or
where they live. She asked that they be given a chance to make
this project work.
Steven Boyd said there were questions as to the layout of the
Dunbar Center, with only a certain amount of space being
allocated for the USA organization. He said the building has a
flat roof and it is being looked at to see if it could be
expanded upward if needed. Boyd said in regard to the concerns as
to the lessees, they are researching contingency plans should
either GPIF or Marie Detty have to move out.
He said the people who will support the center will be in Lawton
View and they should not have to move to another area to provide
the support. Boyd asked that this be included in the
consideration.
PUBLIC HEARING CLOSED.
Shanklin said he went to Dunbar on Sunday and did not see a
window that was not boarded up, and saw debris to the west. He
said there is no capability to put a second story on the building
and that there is no way that would pass the code without doing
columns on the outside perimeter. Shanklin said this is CDBG
money and if they want to isolate themselves, he had no problem,
but still felt something new could be built at a lesser cost. He
said someone will have to watch this program.
Williams asked how many square feet the City rents outside its
own buildings. Schumpert said the only one that comes to mind is
Housing and Community Development, which is renting around 1,600
square feet. Schumpert said the Parks & Recreation and Personnel
Departments are currently housed in the Owens Multi-Purpose
Center because there is not another space for them, although that
space is not rented but does take space away from use as a
community center.
Williams said many people spoke in favor of this, with great
compassion, and mentioned taking a leap of faith. He said if the
two lessees are not able to take care of the rent, then that
responsibility falls back on the City. Williams said if USA has a
number of people who want this project to come about, that their
membership may consider personally guaranteeing this if Marie
Detty and GPIF are not able to adhere to their lease agreements.
He said that would be something to think about and that he would
support the project.
Beller said tonight we have played "what if", and the question
should be "what if" it succeeds, and the entities continue to
lease space as they have done for a number of years with a good
track record. He said he felt we should take the chance. Beller
said there are old homes in Lawton which should not be renovated
but the owners have a deep and abiding interest in seeing it
succeed, and that is the situation with Dunbar School. He said he
felt it was in the best interest of Lawton to renovate Dunbar
School, that it is an eyesore in its current state and something
must be done with it, so why not take a chance with this group
and see if a grant will be approved.
Maples asked if the groups back out of the leases, and the
government discontinues CDBG funding, where would the funding be
from to repay the loan. Pondrom said CDBG funds are in the seven
year balanced budget at the current level; the City is projected
to receive $1 million per year for the next seven years. Pondrom
said if there are no CDBG funds that would almost mean the shut
down of HUD and many different things would have to be
negotiated. Vincent said if there are no CDBG funds, the City
would be ultimately responsible to come up with the money through
the general fund budget. Pondrom said a waiver could possibly be
requested in that instance.
MOVED by Green, SECOND by Shanklin, that the City of Lawton apply
from HUD to renovate the former Dunbar Elementary School and take
the appropriate actions.
Purcell said he would support this now but that when he arrived
tonight he was having great difficulty supporting the portion for
the loan. He said after listening to everyone, he could support
it. Purcell said he hoped everyone understood that if the loan
does not get paid, which hopefully will never happen but, that
repayment will be taken from the CDBG money, so the money that
goes into the community now through CDBG, if that should happen,
would be reduced by about $41,000 for however long is needed. He
said as long as everyone could support that, he would support the
item.
VOTE ON MOTION: AYE: Green, Warren, Maples, Williams, Sadler,
Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.
Beller said he supported the item in memory of Lemuel Harkey.
6. Hold a public hearing and adopt a resolution declaring the
main structure at 812 SW E Avenue 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 this structure. EXHIBITS: RES. NO. 97-_____.
This item was removed from consideration as the owners had
obtained the necessary permits.
7. Hold a public hearing and adopt a resolution declaring the
three (3) structures at 1520 SW New York Avenue 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.
97-_____.
This item was removed from consideration as the owners had
obtained the necessary permits.
8. Hold a public hearing and consider a resolution amending
the Rose Hill Urban Renewal Plan, OKLA R-51, to include church
and religious institutions as a commercial use and determine that
the amendment is not a significant change from the existing land
use plan. EXHIBITS: RESOLUTION NO. 97-68.
Deborah Jones, Assistant City Planner, said the amendment is
needed with regard to a sale of property to the Zoe Christian
Center that the Council approved in concept on April 8, 1997.
Currently the Urban Renewal Plan does not allow churches as a
permitted use in Block 108, therefore, staff has prepared an
amendment to the Plan, which has been processed by the Lawton
Urban Renewal Authority and the Planning Commission. No one has
raised any objection to the plan amendment and staff
recommendation is for approval, following the public hearing. She
asked that Council declare that this is not a significant change
from the existing plan.
PUBLIC HEARING OPENED. No one appeared to speak.
PUBLIC HEARING CLOSED.
MOVED by Purcell, SECOND by Maples, to approve Resolution No. 97-68. AYE: Warren, Maples, Williams,
Sadler, Purcell, Shanklin,
Beller. NAY: None. OUT: Green. MOTION CARRIED.
(Title only) RESOLUTION NO. 97-68
A RESOLUTION AMENDING THE ROSE HILL PROJECT, OKLA R-51, LAWTON,
OKLAHOMA, TO INCLUDE CHURCH AND RELIGIOUS INSTITUTIONS AS A
COMMERCIAL USE.
9. Consider entering into a contract for sale of land for
private redevelopment with the Zoe Christian Center, Inc. for the
construction of a church. EXHIBITS: CONTRACT FOR SALE OF LAND FOR
PRIVATE REDEVELOPMENT.
Schumpert said Council authorized the sale of the property to Zoe
Christian Center, Inc. for $30,000, and a contract for sale has
been prepared. He said the agreement was signed by
representatives of Zoe Christian Center, Inc., with reservations
due to the fact that there is no abstract on the property, title
needs to be brought up to date, and cost is anticipated at
approximately $1,500. Schumpert said the document shows the City
to receive a net of $30,000. He said part of the reason for staff
recommendation is that the property being sold is likely quite a
bit less than what an appraised value could turn out to be, or an
expected cost or price in that area. Schumpert said to pay seller
fees from this further lowers the amount the City would receive
for the property. He said given the price of the property, it
would seem fitting for the buyer to pay those costs, and that is
not uncommon.
Green suggested the cost of the abstract not be payable by the
Zoe Christian Center, but that the City pay that cost. Beller
asked what that cost would be. Schumpert said it is estimated at
$1,500, which would reduce the proceeds from the property to
$28,500. Beller said he thought $30,000 was a pretty good buy.
Purcell said the City has a problem with parks as far as upkeep
and equipment. He said this land will be sold, and a list is
being developed of other parcels of the land the City hopes to
sell, and suggested, starting with this parcel, that the money
made from the sale of these lots go into a special fund to be
used to improve and buy playground equipment on the other parks
and playgrounds. Pondrom said sale of the land would be
considered program income to the block grant program and would be
subject to all the rules and regulations of appropriating
Community Development Block Grant funding. Purcell asked why it
had to go to CDBG money since the City is selling land it owns.
Pondrom said the land was part of urban renewal, and when those
projects were closed out, the City agreed with HUD that any sale
of land would go to the Community Development Block Grant fund in
the close out agreement in 1977. Purcell asked if it could still
be earmarked for parks. Pondrom said the parks would have to
serve low and moderate income areas and be appropriated through
the normal process, but that could be accomplished.
Sam Moyd, Pastor, Zoe Christian Center, residence at 1509 SW 68th
Street, said they requested to purchase the land for $30,000,
which was their budget to purchase land. He said there had been
three contracts with the City already, and the first one showed
they would be given a warranty deed and that the City would pay
for the abstract, it was the City’s problem, they lost the
abstract or never had an abstract, and it is customary for people
purchasing land to pay normal and customary fees and bringing an
abstract current is not part of that customary fee. Moyd proposed
the City pay for the abstract and they would pay the $30,000
agreed on already, and Zoe would pay for escrow and opening and
closing of the escrow. He said the abstract cost, according to
Stewart Title, would be $1,700 to bring it current so it would
have to go from 1904 all the way to date.
Moyd said he had a problem with conveying the land by quit claim
deed, and that anyone could do that and they would rather have
some other type of conveyance.
Vincent said the City took the majority of the property through
condemnation or court action during the urban renewal phase; the
City cannot give any better than it got, and the City got a quit
claim deed so that is all they can give.
MOVED by Green, SECOND by Beller, to authorize the Mayor and City
Clerk to execute the contract for sale of land for private
redevelopment between the City of Lawton and Zoe Christian
Center, and amending the abstract cost back to the City instead
of to Zoe Christian Center.
Purcell said he would like to amend the motion to further state
that the money that goes back into CDBG funds be earmarked to be
used on parks, park improvement, under the CDBG. Green and Beller
agreed to the amendment.
VOTE ON MOTION AS AMENDED: AYE: Maples, Williams, Sadler,
Purcell, Shanklin, Beller, Green, Warren. NAY: None. MOTION
CARRIED.
10. Receive a report from the Council’s Committee on the
Operations of the Museum, and approve an interim agreement
between the City and the Institute of the Great Plains for
continued support of the Museum of the Great Plains. EXHIBITS:
INTERIM AGREEMENT (AMENDMENT NO. 3); PROPOSED CONCEPT.
Schumpert said Council Members Williams and Green served on a
committee, which started out with an agreement with the Institute
that by January of this year we would have an agreement on the
future of the Museum. Although that goal was not reached, the
Committee has met with the Institute and arrived upon an
agreement that makes everyone comfortable as to how the Museum
will be supported in the future through forming a trust. The City
would provide, through that trust, an agreement for the land and
some maintenance to the structure. The Institute would lease or
convey the artifacts to the trust. The trustees would be
appointed by the Council, but three would be designated by
Council directly, three would be recommended by the Institute and
three would be recommended by McMahon Foundation. The trust
should be in place and operating by January 1998 so they can
prepare the necessary budget request to Council for the next
budget year. The current employees of the Museum would be
transferred to the trust, there would be some options as it
relates to participation in various City plans such as pension,
sick leave, vacation, etc. Employees could be paid for things, or
roll over the benefits, and on the pension, they could remain in
it or we would cash them out to include the City’s portion and
they could enter into a new pension plan. The trust would develop
a health plan, which would not be difficult for them to do.
Schumpert said the item allows us to move forward with
development of the trust. He said he visited with the Chairman
and Executive Director of the McMahon Foundation and they appear
to be satisfied with this direction. Schumpert said the agreement
tonight extends the City’s full support of the Museum until the
next fiscal year and allows for transition and development of the
trust, which will thereafter manage the affairs of the Museum.
Schumpert said by being a trust, there will be options to obtain
additional funding, which are not available to the City nor the
Institute, and hopefully allow them to gain greater flexibility
in the operation of the Museum and allow them to pay what they
consider to be more appropriate salary to the staff. The trust
can seek grants and loans to operate the Museum.
Williams said a number of meetings were held with the Institute
group and it took some time to read through the concerns. He said
they met with the full Institute Board, which is in agreement.
Williams said the Institute Board adopted this agreement at its
meeting last Thursday. He said the manner in which the members of
the trust would be selected was an important mix.
Beller said one clause shows that the City Council will have
annual approval of the trust’s budget. He asked how the Council
had a position in that. Vincent said the trust will be created
under Title 60 of the Oklahoma Statutes, and the municipality
will be the beneficiary, and by law, that municipality must have
budgetary approval at least once a year. Mayor Marley said it
would be set up different from the Airport Authority. Beller
asked if the City would be involved in daily expenditures and
Vincent said no.
MOVED by Williams, SECOND by Warren, to approve the interim
agreement and proposed concept of operation, management and
control of the Museum of the Great Plains. AYE: Williams, Sadler,
Purcell, Shanklin, Beller, Green, Warren, Maples. NAY: None.
MOTION CARRIED.
11. Consider authorizing the expenditure of $16,000 from the
1995 Capital Improvements Program (CIP) to overlay and improve NW
21st Street from Ferris to Cache Road. EXHIBITS: NONE.
Williams said this is in Ward Two, and driving Sheridan Road from
Ferris north is a tremendous log jam. He said 21st Street is
becoming more and more of an artery for the traffic flow to move
north and south as an alternate route moving off of Sheridan
Road. Pictures were passed around showing the condition of the
street.
Purcell said he drove the entire length of 21st Street this
weekend, and that he would accept 21st Street in its current
condition, on Flower Mound Road, which carries 2,500 to 3,500
cars per day. He said 21st Street is in much better shape than
Flower Mound Road. Purcell said a van was overturned off of
Flower Mound Road because it had run into the drainage ditch; no
one was hurt, the van was pulled out, and the Street Division did
an excellent job of putting up reflector poles that afternoon all
along the ditch. He said from the end of the road to the ditch
where you can see in that particular area is less than one foot,
and the road is cracking. Purcell said he would much prefer to
see a main arterial be improved and that he had previously
requested that Flower Mound be improved.
Beller said a lot of traffic would be taken off of Sheridan Road
by making this improvement, and that businesses had been added to
the east side of Sheridan Road, which will bring in traffic. He
said this would be money well spent in improving the longevity of
the road.
MOVED by Beller, SECOND by Williams, to authorize expenditure of
$16,000 from the 1995 CIP to overlay 21st Street from Ferris to
Cache Road.
SUBSTITUTE MOTION by Shanklin, SECOND by Maples, to authorize
expenditure of $16,000 to overlay 21st Street from Ferris to
Cache Road but take the funding from the Council Contingency and
not touch the 1995 CIP.
Williams asked if that would affect the upcoming vote on the
budget. Schumpert said it would not be a significant impact due
to the amount.
VOTE ON SUBSTITUTE MOTION: AYE: Sadler, Shanklin, Beller, Green,
Maples, Williams. NAY: Purcell, Warren. SUBSTITUTE MOTION
CARRIED.
Williams said he had previously attempted to raise funds for
capital improvements and the motion did not receive a second. He
said action is needed to allow the City to be able to take care
of these problems.
12. Consider authorizing staff to prepare plans and
specifications to sandblast and paint two elevated storage towers
located in the water distribution system and the backwash storage
tank and sedimentation/clarification basin located at the
Medicine Park Water Treatment Plant. EXHIBITS: INFORMATION
SUMMARY OF WATER SYSTEM FACILITIES.
Schumpert said background indicates these items need to be done,
and a portion is important to have done prior to Bar-S becoming
operational. Recommendation is to complete the projects using
$550,000 from the 1995 CIP, and part of the reason for the 1995
CIP is to make this kind of improvement to the system.
Shanklin asked if only two facilities would be done. Schumpert
said two elevated storage towers, the backwash storage tank, and
the sedimentation/clarification basin at the Water Treatment
Plant. Shanklin said there will be nothing left in the 1995 CIP
by November.
MOVED by Shanklin, SECOND by Beller, to send out the RFP’s. AYE:
Purcell, Shanklin, Beller, Green, Warren, Maples, Williams,
Sadler. NAY: None. MOTION CARRIED.
Schumpert said this would be for the plans and specs to be
prepared.
13. Consider approving an ordinance amending Article 13,
Chapter 7, Lawton City Code, 1995, relating to Adult Business
licensing requirements amending the definition of massage
parlors, application procedures, licensing, suspension or
revocation of licenses and declaring an emergency. EXHIBITS:
ORDINANCE NO. 97-29.
Mayor Marley said a person had requested to speak and the Council
agreed to receive comment.
Christopher Perry said he is a resident of Lawton and had
recently operated a massage therapy business. He said it had come
to his attention that some of the language in the proposed
ordinance has the appearance of a violation of restraint of trade
and free association parts of the United States and Oklahoma
State Constitutions. Perry said some of the language as far as
use of the words "massage parlor" and including the portions
about professional massage therapists has the connotation that we
are also running an adult business, when in fact, everyone knows
the two are completely different. He asked the Council their
views on that matter.
Mayor Marley asked what Perry was specifically referring to as
far as conflicts with constitutional provisions. Perry said the
portion which recommends that massage therapists belong to a
nationally recognized massage therapy association which has
insurance liability. Beller asked if Perry would propose going to
a class room hours type of training before a person would be a
massage therapist. Perry said his personal recommendation, he
went to a school in Texas, as did others in the audience, and the
only hours given are 300 hours of professional massage training,
which in his opinion is adequate for these purposes.
Vincent said he spoke with Dr. Perry for almost an hour yesterday
on this subject; the City does not license massage therapists but
excludes them, so the problem is how does the enforcement branch
know that these persons are certified and have received the
proper training. He said there are schools in Texas, one is
proposed to be opened in Lawton, and there are four schools in
Oklahoma City that are certified massage therapy schools;
however, those schools provide a basic educational course in
massage therapy. Vincent said to be a member of an association,
you must have continuing education, which is not required in
Oklahoma because Oklahoma does not license massage therapists,
but Texas does. He said there are around 15 nationally recognized
massage therapy associations that have various levels of
membership, and only the higher levels of membership have
continuing education and the requirement for liability insurance.
Vincent said staff did not know where to make the break point as
far as the appropriate number of hours of training; therefore, to
try to cover the most people we could as an exemption from the
adult business licensing requirement, it was determined through
meetings with Dr. Perry and other interested people in the
community, as well as people from other states, the broadest
definition we could find that would fit that would allow the most
number of people the exemption from licensing was the insurance
requirement. He said he felt it fully met the requirement of the
United States Code because staff was very well aware of the
Sherman Act through dealings with the Hallco lawsuit. Vincent
said this is an exemption from licensing; Mr. Perry would not be
required to have a license if he has the necessary certificate,
he can open his business tomorrow.
Vincent said we do not have the ability to recognize licensing in
Texas, and work is underway to get licensing established in
Oklahoma, which would solve a lot of problems.
Beller asked if the concern was that people would be required to
be a member of a national organization. Perry said that is one of
the concerns. Beller asked if Perry did not think that was
something he should have to do to be part of the exemption. Perry
said he felt it had a bad appearance. Beller asked Perry if he
would do it to be exempt. Perry said certainly.
Beller said he has a distant interest because his daughter is
interested in this field, as well as chiropractic. He said he
felt this was removing the stigma from massage therapists that is
present with to massage parlors. Perry said he was also concerned
with the term massage parlor, and having that connotation from
previous years; he felt the adult businesses should not ethically
have the right to use that kind of language in describing the
business. Perry said as a legal matter, that may be a different
story, but that he wanted to go on record as saying that this is
the situation.
Vincent said there had been discussions in that area also and
that they found no way they could restrict the common usage of a
word in the English language, although the State Legislature has
that authority.
Beller said background information states that "no license
mistakenly issued by the licensing authority will be revoked or
suspended unless the license should not have been issued because
the licensee...." He asked for clarification. Vincent said there
was a situation this year where two licenses were issued by
mistake, they should not have been issued; because of the way the
Code was written at that time, we felt it was necessary to
through the revocation procedures, and they appealed to the
Municipal Court Judge who did not allow the revocation to take
place because of the unilateral mistake of the City. Vincent said
the proposal is to put into the Code a way to not have to go to
the Judge to have our orders overturned.
Vincent said one of the reasons the Code is so strict is because
of a United States Supreme Court requirement, taking away
discretionary authority in licensing matters when it deals with
adult businesses and alcohol related institutions.
Purcell said he had a question as to the wording in that regard,
and asked if the meaning is that if we mistakenly reissue a
license, we cannot revoke it. Vincent said that is what we are
saying. Purcell asked if that is what we want to say and Vincent
replied yes. Vincent said if the applicant lied on the
application, then it can be revoked. Purcell asked if someone
applies for an adult business license, and there have been a
number of violations during the past year, and someone clerically
reissues the license, we will not revoke it. Vincent said he was
not saying that, and if the applicant put down that there were no
convictions and we did not do a proper background check but
relied on the statement of the applicant and find out after
issuance, we would attempt to revoke. Purcell asked if the person
puts down that there have been five instances but the license is
still issued, would the person get to keep the license. Vincent
said yes. Purcell asked if it had to be written in that manner.
Vincent replied no. Purcell asked why we wanted to make it that
way. Vincent said it is fair, if a person gets license renewal in
advance as required, and they lease a building for an additional
year, then we find out three months later that we made a mistake,
it would be difficult to penalize the applicant.
Shanklin said it appeared that Section 7-1315, prohibited acts
and conduct, would separate the occupations. Vincent said the
only addition to that section is regarding adult business owners
paying people to bring in clients.
MOVED by Purcell, SECOND by Green, to approve Ordinance No. 97-29, waive the reading of the ordinance,
read the title only, and
declaring an emergency.
(Title read by Clerk) ORDINANCE NO. 97-29
AN ORDINANCE AMENDING CHAPTER 7, LAWTON CITY CODE, 1995, RELATING
TO ADULT BUSINESSES BY AMENDING SECTIONS 7-1302, 7-1309, 7-1310,
7-1315 AND 7-1320 RELATING TO DEFINITIONS, APPLICATION,
LICENSING, SUSPENSION OR REVOCATION OF ADULT BUSINESS LICENSES,
PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.
VOTE ON MOTION: AYE: Shanklin, Beller, Green, Warren, Maples,
Williams, Sadler, Purcell. NAY: None. MOTION CARRIED.
*Beller noted that Vincent indicated it would be proper for him
to vote on this question.
ADDENDUM BUSINESS ITEMS:
1. Hold a public hearing on the Proposed Budget for the fiscal
year July 1, 1997 through June 30, 1998. EXHIBITS: PRELIMINARY
BUDGET SUMMARIES.
PUBLIC HEARING OPENED.
Dick Zarle, 207 Crystal Hills Drive, distributed information and
said he had been asked by some residents of Terrace Hills
Addition to speak regarding Albert Johnson Park. Zarle said funds
were originally allocated for Albert Johnson Park but Council had
transferred the funds to a different area. He said he understood
one reason for that was that the land is leased school property;
the City has leased land in a similar manner for Grand View Park
but has spent about $1 million on improvements there.
Zarle said residents want something to be provided for Albert
Johnson Park, whatever it may be. Funding was reduced from
$30,000 to $15,000, then to zero. Residents would like this
decision reconsidered to allow for some, little funding from the
budget for this park.
Mike Jones, 7824 Morocco, said the park is located at 82nd and
Rogers Lane and is one of the heaviest used parks in the City,
containing four ball diamonds currently being used by 13 teams;
the park is in use every day of the week. He said the softball
team he coaches currently practices on Wednesday and Sunday
because that is the only time they can get access to the field.
Jones said the park also contains three soccer fields, which are
used by six teams during two seasons for six months out of the
year. He said families also use the playground.
Jones said the surrounding community residents are heavily
involved in maintaining the park and that a list had been
provided showing donations that had been made. He said coaches
contribute over 200 hours of labor annually on the ball fields
alone in this park, which is not typically done. The neighborhood
has laid water lines, planted trees, watered them, and put a lot
into the park, and would like the City to give something in this
regard. Jones said the park is leased from the school system but
there is a land swap being worked out, and the school system
would not be taking the land back because the City has the first
option to buy the land.
Clint Mullins, 7808 NW Welco, said he uses the park and it does
not have much equipment. He asked that the City help financially
with the park.
Jeremy Gordon, 2614 N 81st St., said a lot of kids use Albert
Johnson Park and asked that improvements be made.
Billie Sue Taylor, 7914 NW Terrace Hills Boulevard, asked that
the City help support the park, as the area residents had done.
PUBLIC HEARING CLOSED.
2. Consider a resolution amending Appendix A, Schedule of Fees
and Charges, Lawton City Code, 1995, as amended, increasing the
commercial water and commercial, business and governmental sewer
fees. EXHIBITS: RESOLUTION NO. 97-69.
MOVED by Purcell, SECOND by Maples, to approve Resolution No. 97-69. AYE: Beller, Green, Warren,
Maples, Williams, Sadler,
Purcell, Shanklin. NAY: None. MOTION CARRIED.
(Title only) RESOLUTION NO. 97-69
A RESOLUTION AMENDING APPENDIX A, SCHEDULE OF FEES AND CHARGES,
LAWTON CITY CODE, 1995, AS AMENDED, INCREASING THE RATES FOR
COMMERCIAL WATER AND SEWER SERVICE AND ESTABLISHING AN EFFECTIVE
DATE.
3. Consider adopting a resolution assessing a fee on water
bills for infrastructure improvements. EXHIBITS: RESOLUTION NO.
97-____.
Mayor Marley said this item would be pulled because there was not
a vote on it during the Lawton Water Authority.
4. Consider an ordinance amending Article 18, Chapter 7,
Lawton City Code, 1995, amending definition of coin-operated
devices requiring decals, amending application procedure and
licensing for recreation centers and amusement centers/arcades,
providing for exemption, providing for severability, and
declaring an emergency. EXHIBITS: ORDINANCE NO. 97-30.
Vincent said a corrected ordinance had been distributed regarding
the definition section, and that spelling would be corrected.
MOVED by Purcell, SECOND by Shanklin, to adopt Ordinance No. 97-30, waive reading of the ordinance,
reading only the title, and
declaring an emergency.
(Title read by Clerk) ORDINANCE NO. 97-30
AN ORDINANCE RELATING TO RECREATION, AMENDING ARTICLE 18, CHAPTER
7, LAWTON CITY CODE, 1995, AMENDING DEFINITION OF COIN OPERATED
DEVICES, REQUIRING DECALS TO BE AFFIXED TO EACH COIN OPERATED
DEVICE LICENSED BY THE CITY, AMENDING APPLICATION PROCEDURES AND
LICENSING FOR RECREATION CENTERS AND AMUSEMENT CENTER/ARCADE,
PROVIDING FOR EXEMPTION, PROVIDING FOR SEVERABILITY AND DECLARING
AN EMERGENCY.
VOTE ON MOTION: AYE: Green, Warren, Maples, Williams, Sadler,
Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.
5. Consider a resolution amending Appendix A, Schedule of Fees
and Charges, Lawton City Code, 1995, amending the fees for coin-operated devices and providing for an
effective date. EXHIBITS:
RESOLUTION NO. 97-70.
Mayor Marley said he had received a request to speak and Council
asked to receive input.
Charles Stiles, 2327 Dunstan Lane, said he understood the fees
would be established at a maximum of $20 per machine but it does
not address the bulk vending machines. He said the rate at the
state level for twenty-five cent vending machines is $50, and $5
for other machines. Stiles said the bulk vending machines in this
ordinance would tax them at $3.75 per machine, which is 75% of
the $5 allowable. Stiles said the big, regular vending machines
would be taxed at $20 per machine, and that would represent a tax
rate of 53%, whereas, the bulk vending machines would be taxed at
100% of the maximum allowable rate. Stiles said he was sure this
was proposed to raise money, but that the City wanted to be
equitable and fair. He said the proposal as written is
discriminatory, and suggested amending the bulk vending schedule
to the same proportion as the big machines. Stiles said instead
of $3.75, the rate should be $2.00, or 1/10th of the cost of a
big machine.
Shanklin asked the definition of a bulk vending machine. Stiles
said it is a machine that has one coin mechanism and the
purchaser does not have a choice of product as the machine vends
a single item; examples are bubble gum machines, toy machines,
sticker machines, peanuts, bulk candy, etc. Vincent said that the
Code does not define bulk vending machines in that manner.
Vincent read the definition of bulk vending machines from the
Code as follows: "Coin operated bulk vending device means machine
or device which upon the payment or insertion of a coin, token or
similar object, dispenses to the purchaser, ball point pens,
combs, cigarette lighters, prophylactics, filled capsules,
peanuts, gumballs, mints, perfume or novelties." Vincent said it
is broken down in the fee schedule into two different types;
those that dispense one or more items, up to five; and those that
dispense five or more items from the same machine.
Stiles said he disagreed with the last part of the definition,
although he agreed with the items listed. He said when you get to
two or more machines, you are talking about a console machine
that has any number of machines in the console. Stiles said when
you think of bulk vending machines, you think of one bubble gum
machine, which is taxed at $5.00. He said the console of two to
five machines or more, that has a special rate, $15 State
requirement and $11.25 City requirement at the 100% rate.
Shanklin asked if the State fee is $5.00 for one item, one coin
machines. Stiles said yes. Shanklin asked if Lawton was charging
75% of that $3.50; Stiles said $3.75. Shanklin asked Stiles if he
thought it should be 50%. Stiles said 53%, or $2.00. Shanklin
asked Stiles how many machines he had. Stiles said the total is
over 1,000, with probably 500 of them in Lawton.
Mayor Marley said he had discussed this with Mr. Stiles and the
basic argument was that some with small machines are being
charged the maximum amount, and that everyone should be charged
the same rate.
Beller asked if the City charged 75% on the amusement devices.
Shanklin said the agreement was no more than $20. Purcell said
the Code’s definition of bulk vending device talks about vending
one or more products through a single distribution mechanism
requiring twenty-five cents or more to operate will cost $3.75 in
fees. Vincent said it is broken down further in the resolution on
the fee schedule.
Purcell asked how you get a machine that vends one or more
products if it can only vend one product. Stiles said that would
mainly apply to toys in capsules. Beller said the material says
one or more product but we are looking at one product.
Beller said Section 7-1811 would it not be more proper in the
resolution to say which vends one product through a single
distribution mechanism, rather than one or more, because on the
next page 7-1811 relates to each coin operated vending device
which vends one or more products but not more than five. Stiles
said if that is taken from the State Statutes, that is talking
about the number of machines built into a console, in other
words, there would be five different coin mechanisms, each of
which can be different. Beller said it would be a separate
machine. Stiles said they are separate machines in a console.
Vincent said the State people explained it as you have a candy
machine and on the top row you have five different kinds of candy
bars, and on the next row you have another five or six different
kinds; you put in fifty cents and push F3 to tell it which
mechanism to drop the candy bar out, that is a bulk vending
machine with more than one product. Stiles disagreed and said
that is a $50 machine, and that with bulk vending, you cannot
select.
Beller suggested changing 7-1811 relating to each coin operated
vending machine that vends one or more products, the consensus
was to reduce $3.75 to $2.00. Instead of $11.25 on the next page,
the fee will be $6.00. Schumpert said another suggestion that
Stiles had made was to reduce the $1.50 to $1.00. Stiles said it
should really be $1.06 at the 53% rate. Beller suggested leaving
that at $1.50.
Schumpert said the two changes being considered are changing
$3.75 to $2.00 and $11.25 to $6.00.
MOVED by Purcell, SECOND by Williams, to approve Resolution No.
97-70 with the two changes stated. AYE: Warren, Maples, Williams,
Sadler, Purcell, Shanklin, Beller, Green. NAY: None. MOTION
CARRIED.
(Title only) RESOLUTION NO. 97-70
A RESOLUTION AMENDING APPENDIX A, SCHEDULE OF FEES AND CHARGES,
LAWTON CITY CODE, 1995, AMENDING THE FEES FOR COIN OPERATED
DEVICES AND PROVIDING FOR AN EFFECTIVE DATE.
Bob Hutchins said there are separate licenses for pool table and
then all other machines, which he had never understood. He said
the State recognized a pool table as a vending machine, and asked
that all the licenses be $20, and do away with the $15. Mayor
Marley said he understood it to read that all coin operated
amusement devices would be $20. Hutchins said that language was
in the old ordinance but that was not the practice followed.
6. Consider a resolution approving the fiscal year 1997-98
Budget. EXHIBITS: RESOLUTION NO. 97-71; LIST OF ADJUSTMENTS AND
CHANGES.
Schumpert said on the large format utility bill equipment, MIS
Division, it reduced was $31,500, but that actually was $26,500.
He said information had been requested on the pumper trucks and
that a listing of vehicles by type had been distributed, and a
listing showing where the equipment is placed. This year’s budget
provides for an additional brush pumper which will be placed at
Station 7; the other will be placed at Station 6, or the exterior
stations since that is where we have the most brush fires. For
Station 3, engine 3, that pumper apparatus is being bought in
this year’s budget, and that will move engine 3, which is a 1979
MAC to a reserve unit to replace #37. He said in this budget, if
approved, the pumper would replace Engine 7 which is a 1980 MAC,
and Engine 7 would replace the Reserve Engine #33 which is a 1975
vehicle.
Williams asked if the maintenance costs are to date or life
costs, or annual costs. Schumpert said life to date. Maples asked
about the inspection over the last three years, if that was a
vehicle inspection. Schumpert said no, it is a rating inspection;
the engine is rated at 1,500 GPM but it was re-rated at 1,000
GPM, which is another reason for displacing Engine 7 off the line
and moving it to reserve where the 1,000 GPM would be adequate.
Purcell said Engine 7 is 18 years old, has 80,000 miles, money
has been spent on repairs, and it does not appear to be rated
sufficiently, so it appeared logical to replace it.
Shanklin said Council should look at the replacement cost, and
that just because something is 18 years old, it should not have
to be replaced.
Beller said asked if $26,000 in maintenance was for repairs to
dents or body work, or if it was mechanical. Schumpert said all
repairs. Don Barrington, Fire Chief, said $26,000 did include
repairs to dents and that the vehicle had been involved in one,
minor accident, but the majority of the funds were spent for
mechanical type repairs. Beller asked if the vehicle was rated at
1,000 GPM. Barrington said yes, service tests are done annually.
Beller asked if the rating of 1,000 vs. 1,500 GPM would affect
insurance rates. Barrington said ISO made the City perform the
test this year and ISO would classify it only as a 1,000 GPM
pumper, and points are assigned for the type of pumping equipment
available.
Beller said he agreed with Shanklin and said the guys take
excellent care of the vehicles, so just because it is 18 years
old, that is not a concern. He said he had no problem keeping it
unless he was told there was a mechanical problem with it.
Barrington said it needed to be replaced because dependability
and reliability of the pumper are vital to the firefighters, and
crews have to work with the equipment on the fire scene to make
it perform adequately.
Shanklin asked if the City could be sued for not having replaced
this poor operating equipment for the last two years, and said if
it is that bad, it should have been done several years ago. He
said his point was we cannot get rid of everything we want to
just because we have the wish book. Williams said it is an 18
year old vehicle and we do not know if it were put to the test if
it would just lay down. Shanklin said that is possible with new
equipment also.
MOVED by Purcell, SECOND by Williams, to keep the vehicle in the
budget as originally approved to replace the vehicle with 80,000
miles. AYE: Green, Warren, Maples, Williams, Sadler, Purcell,
Beller. NAY: Shanklin. MOTION CARRIED.
Schumpert said he had a question regarding the City’s portion of
the COPS grant. He said the original understanding was that it
was a 25%, 50% and 75% program. Information was distributed
showing what would be requested in the application, and the
City’s cost for each officer for the three years is $24,408, or
the City’s funding of four officers for the entire three years at
$97,632. Schumpert said four additional officers would be needed
four years from now and this appears to be an excellent way to
receive them and only cost the City $97,632 for that three year
period. Amount requested in the budget is the initial $24,408.
Williams asked if that was included in the budget change.
Schumpert said the question is whether Council will leave the
$24,408 in the budget. Williams said he could support that;
Shanklin and Purcell agreed.
Schumpert said notice was received that the City could obtain a
$270,000 COPS grant, but $30,000 of match would be required. He
said there was concern expressed by some members regarding the
reserve officer program, and staff recommendation was to
eliminate the reserve officer program but use $31,000 toward the
grant of $270,000. Grant can be used for anything from personnel
through capital outlay; this would likely be used for vehicles.
Purcell asked if cameras could be purchased. Schumpert said yes,
we can get the vehicle plus the camera. Purcell suggested it not
be put into personnel; Schumpert agreed and said Council approval
would be required for submission of the grant application.
Consensus was to approve this recommendation. Schumpert said
there is a federal mandate for Lawton to pick up the cost of
insurance for police officers and firefighters who were injured
in the line of duty and caused to retire as a result; if there is
not agreement to do that, they will deduct 10% of the program.
Schumpert said it is about $100 each, and basically all appear to
be retiring as a result of injuries in the line of duty, so
recommendation is to take the 10% deduction rather than paying
those costs.
Schumpert said the only other area of question appeared to be the
supervisory training academy in Personnel and consensus was to
approve that program.
Schumpert said with these changes, the $62,000 would come out of
the carryover and the budget would be recommended for approval.
Shanklin said we cannot clean up the City with the current staff.
He said he turned in 30 properties that need to be looked at
because they are vacant and boarded up, there have been no
utilities in seven or eight years or more, and there are large
rats. Shanklin said progress cannot be made without more staff
support.
MOVED by Shanklin, SECOND by Green, to direct the City Manager to
hire an individual that will work under Mr. Tucker who will do
nothing but dwellings, and dwellings only, to inspect and see
that they are demolished and brought to Code.
Williams said the comment was made that there were not adequate
funds for demolition. Green said some can come from CDBG funding.
Shanklin said there are not enough employees to get to them.
Beller asked if that was a need in Mr. Tucker’s opinion. Tucker
said another inspector would help, although it would create a
need for additional typing, a vehicle, radio and similar items.
Beller said he thought a vehicle could be found, and asked the
approximate cost of this item. Schumpert said approximately
$25,000.
VOTE ON MOTION: AYE: Warren, Maples, Sadler, Purcell, Shanklin,
Beller, Green. NAY: Williams. MOTION CARRIED.
Green asked the status of the smoke detectors for the Library.
Schumpert said it is being considered with HVAC contract; bids
are currently being reviewed.
MOVED by Maples, SECOND by Warren, to approve Resolution No. 97-71 adopting the budget for 1997-98
fiscal year as amended. AYE:
Maples, Williams, Sadler, Purcell, Shanklin, Beller, Green,
Warren. NAY: None. MOTION CARRIED.
CONSENT AGENDA:
14. Consider the following damage claim recommended for
denial: Peter & Suzanne Bailey. EXHIBITS: LEGAL
OPINIONS/RECOMMENDATIONS. Action: Denial of claims as
recommended.
15. Consider the following damage claims recommended for
approval and consider passage of resolutions authorizing the City
Attorney to file friendly suits for claims over $400: David &
Louise Caplinger; Americorp Relocation; Billy G. & Maude E.
Miller; Charlene Sebo; and Janet Baker. EXHIBITS: LEGAL
OPINIONS/RECOMMENDATIONS. (RESOLUTION NOS. 97-72, 97-73 AND 97-74
on file in City Clerk’s Office). Miller: $52.50; Baker: $135.00.
(Title only) RESOLUTION NO. 97-72
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
ASSIST DAVID AND LOUISE CAPLINGER IN FILING A FRIENDLY SUIT IN
THE DISTRICT COURT OF COMANCHE COUNTY, OKLAHOMA, AGAINST THE CITY
OF LAWTON; AND AUTHORIZING HTE CITY ATTORNEY TO CONFESS JUDGMENT
THEREIN IN THE REDUCED AMOUNT OF ONE THOUSAND, ONE HUNDRED
DOLLARS ($1,100.00).
(Title only) RESOLUTION NO. 97-73
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
ASSIST AMERICORP RELOCATION BY AND THROUGH THEIR REPRESENTATIVE,
MAX SASSEEN, JR., IN FILING A FRIENDLY SUIT IN THE DISTRICT COURT
OF COMANCHE COUNTY, OKLAHOMA, AGAINST THE CITY OF LAWTON; AND
AUTHORIZING THE CITY ATTORNEY TO CONFESS JUDGMENT THEREIN IN THE
AMOUNT OF ONE THOUSAND, SEVENTY-EIGHT DOLLARS AND 50/100S
($1,078.50).
(Title only) RESOLUTION NO. 97-74
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
ASSIST CHARLENE SEBO 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 ONE THOUSAND, NINE HUNDRED DOLLARS
($1,900.00).
16. 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 Kenneth Gibson in the Workers’
Compensation Court, Case No. 97-07938 X. EXHIBITS: RESOLUTION NO.
97-75.
(Title only) RESOLUTION NO. 97-75
A RESOLUTION RATIFYING THE ACTIONS OF THE CITY ATTORNEY IN MAKING
PAYMENT OF THE JUDGMENT IN THE WORKERS’ COMPENSATION CASE OF
KENNETH GIBSON FOR THE AMOUNT OF SIXTEEN THOUSAND, SIX HUNDRED
FIVE DOLLARS ($16,605.00) PER ORDER OF THE WORKERS’ COMPENSATION
COURT, AND FILING A FOREIGN JUDGMENT IN THE DISTRICT COURT OF
COMANCHE COUNTY, OKLAHOMA, FOR PURPOSES OF PLACING SAID JUDGMENT
ON THE TAX ROLLS.
17. Consider adopting a resolution declaring that Ninety
Percent (90%) of the budgeted and appropriated revenues for
fiscal year 1996-97 have been collected for the General Fund.
EXHIBITS: REVENUE REPORT MAY 31, 1997; RESOLUTION NO. 97-76.
(Title only) RESOLUTION NO. 97-76
A RESOLUTION DECLARING THAT NINETY PERCENT (90%) OF BUDGETED AND
APPROPRIATED REVENUES HAVE BEEN COLLECTED FOR THE GENERAL FUND.
18. Consider accepting an easement from Mr. Dale Sims for
installation of a street light in Heritage Estates Addition.
EXHIBITS: NONE. Action: Accept easement.
19. Consider adopting a street light resolution to authorize
installation and removal of additional street lights in
residential areas. EXHIBITS: STREET LIGHT RES. 396. Action:
Approve Street Light Resolution No. 396.
20. Consider approving the construction plat for Heritage
Hills Addition, Part 2, subject to conditions. EXHIBITS: PLAT
MAP; MEMORANDUM FROM ENGINEERING DIVISION. Action: Approve the
construction plat for Heritage Hills Addition, Part 2, subject to
conditions. Those conditions are: 1) approval of water and sewer
systems by DEQ; 2) Approval of hydrologic and hydraulic analysis
for CLOMR by FEMA and City of Lawton Engineering Division prior
to submission of record plat; 3) Include rights of way for
Wratton Creek Tributary within the subdivision boundary per
Section 21-503 C of the Lawton City Code, 1995; 4) Provide five
linear feet of concrete encasement for water line at station 3+80
on NE 31st St.; 5) Provide six inches of filter blanket under 12
inches of Type I-A riprap at all discharge outlet points on
plans; 6) Connection to existing manhole across Wratton Creek
Tributary must be from Manhole No. A-1 of original submission as
per our letter of 4/7/97; a 90 degree connection from Manhole No.
A-1 is also acceptable; 7) Include note under Erosion Control
stating the following: Stabilization measures shall be initiated
as soon as practicable in portions of the site where construction
activities have temporarily or permanently ceased, but in no case
more than 14 days after the construction activity in that portion
of the site has temporarily or permanently closed. Where
construction activity will resume on a portion of the site within
21 days from when activities ceased (e.g. the total time period
that construction activity is temporarily ceased is less than 21
days) then stabilization measures do not have to be initiated on
that portion of the site by the 14th day after construction
activity temporarily ceased.
21. Consider approving an amendment for a legal service
agreement between the City and the Newcombe and Redman law firm
extending the expiration date of said agreement to June 30, 1998.
EXHIBITS: NONE. Action: Approve amendment and authorize
execution. Pertains to Wightman v. City.
22. Consider acknowledging completion of the Oklahoma
Department of Transportation Project for the Rogers Lane Project,
Phase IV from NW 52nd Street to NW 82nd Street and south on NW
82nd Street to US 62. EXHIBITS: NONE. Action: Acknowledge
completion of the project.
23. Consider rejecting all proposals for lease of office
facilities agreement. EXHIBITS: VENDOR’S MAILING LIST; PROPOSAL
TABULATION; DEPARTMENT RECOMMENDATION. Action: Reject proposals.
24. Consider extending contract for metal products. EXHIBITS:
VENDOR’S MAILING LIST; BID TABULATION; RECOMMENDATION. Action:
Extend contract with Larrance Steel Corp., Lawton, OK, to 8/31/98
at same terms and authorize execution.
25. Consider extending contract for steel posts. EXHIBITS:
VENDOR’S MAILING LIST; BID TABULATION; RECOMMENDATION. Action:
Extend contract with Big Bob’s Discount, Lawton, OK, to 8/31/98
at same terms and authorize execution.
26. Consider extending contract for shoes (athletic/walking).
EXHIBITS: VENDOR’S MAILING LIST; BID TABULATION; REC. Action:
Extend contract with Bill’s Scoreboard, Lawton, OK, to 2/28/98 at
same terms and authorize execution.
27. Consider extending contract for wireless communications
equipment. EXHIBITS: VENDOR’S MAILING LIST; BID TABULATION;
RECOMMENDATION. Action: Extend contract with Precision Services
Group, Austin, TX, to 8/31/98 at same terms and authorize
execution.
28. Consider extending contract for telephone system.
EXHIBITS: VENDOR’S MAILING LIST; BID TABULATION; REC. Action:
Extend contract with Perkins Office Machines, Lawton, OK, to
8/31/98 at same terms and authorize execution.
29. Consider awarding contract for bedding plants. EXHIBITS:
VENDOR’S MAILING LIST; BID TABULATION; RECOMMENDATION. Action:
Award contract to 4-D Garden Center, Lawton, OK, and authorize
execution.
30. Consider awarding contract for radios. EXHIBITS: VENDOR’S
MAILING LIST; BID TABULATION; RECOMMENDATION; LETTER FROM PCI
COMMUNICATIONS, INC. Action: Award contract to BearCom Operating,
L.P., Dallas, TX; and Lawton Communications, Lawton, OK; and
authorize execution.
31. Consider rejecting all bids for clip shelving open units
and awarding contract for card catalog file. EXHIBITS: VENDOR’S
MAILING LIST; BID TABULATION; RECOMMENDATION. Action: Award
contract for card catalog file to Highsmith, Inc., Fort Atkinson,
WI, and authorize execution; reject bids for clip shelving open
units.
32. Mayor’s Appointments. EXHIBITS: NONE.
Arts & Humanities Council:
Teresa Lubrano, Term: 6/30/97 to 6/30/2000
Dr. David Miller, Term: 6/30/97 to 6/30/2000
Juanita Pahdopony-Zotigh; Term: 6/30/97 to 6/30/2000
Dr. Sally Soelle, Term: 6/30/97 to 6/30/2000
McMahon Auditorium Authority:
Dallas Howard, Term: 6/30/97 to 6/30/2000
Mrs. Jo Johnson, Term: 6/30/97 to 6/30/2000
33. Consider approval of payroll for the period of June 2
through June 15, 1997. EXHIBITS: NONE.
MOVED by Shanklin, SECOND by Williams, to approve the Consent
Agenda items as recommended.
Maples pointed out the City is paying $4,200 in repairs on sewer
lines.
VOTE ON MOTION: AYE: Williams, Sadler, Purcell, Shanklin, Beller,
Green, Warren, Maples. MOTION CARRIED.
BUSINESS ITEM:
34. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes,
consider convening in executive session to discuss the claim of
Bobby G. Dodd, and in open session, consider adopting a
resolution on a third party claim by Bobby G. Dodd against Tonya
Ellis. EXHIBITS: NONE.
35. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes,
consider convening in executive session to consider a settlement
offer received in a third party claim styled Susan L. Ronan v.
Jeffery L. Smith, Case No. CJ-96-133, Comanche County District
Court, as take appropriate action in open session. EXHIBITS:
NONE.
MOVED by Shanklin, SECOND by Williams, to convene in executive
session as recommended. AYE: Sadler, Purcell, Shanklin, Beller,
Green, Warren, Maples, Williams. NAY: None. MOTION CARRIED.
The Mayor and Council convened in executive session at 9:30 p.m.
and reconvened in regular, open session at 9:40 p.m. with roll
call reflecting all members present.
Vincent reported two items were discussed in executive session.
As to Item 34, the claim of Bobby Dodd regarding workers’
compensation, recommendation is for joint petition settlement in
the amount of $100, and adoption of a resolution.
MOVED by Shanklin, SECOND by Green, to adopt Resolution No. 97-77. AYE: Shanklin, Beller, Green,
Warren, Maples, Williams,
Sadler, Purcell. NAY: None. MOTION CARRIED.
(Title only) RESOLUTION NO. 97-77
A RESOLUTION WAIVING THE CITY’S SUBROGATION CLAIM ON A THIRD
PARTY CLAIM BY BOBBY G. DODD AGAINST TONYA L. ELLIS IN
CONSIDERATION OF THE FILING OF A JOINT SETTLEMENT PETITION BOBBY
G. DODD VS. CITY OF LAWTON, IN THE WORKERS’ COMPENSATION COURT.
Vincent reported Item 35 also deals with workers’ compensation,
Ronan v. Smith has been filed in Comanche County; settlement of
the lawsuit is proposed and the City will receive $3,500 in this
settlement. Recommendation was to approve the settlement by
resolution.
MOVED by Shanklin, SECOND by Green, to adopt Resolution No. 97-78. AYE: Beller, Green, Warren,
Maples, Williams, Sadler,
Purcell, Shanklin. NAY: None. MOTION CARRIED.
(Title only) RESOLUTION NO. 97-78
A RESOLUTION APPROVING AND AUTHORIZING SETTLEMENT OF A THIRD
PARTY CLAIM BY SUSAN L. RONAN AGAINST JEFFREY L. SMITH.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.
Mayor Marley said he would be gone next week and until July 2.
Williams said he would miss the June 24 meeting.
Shanklin said he thought the Council had done a good job on the
budget, although he lost on his suggestions.
Beller thanked the City Manager for being able to accomplish this
without increasing residential utilities.
Green invited everyone to participate in the Miss Black Oklahoma
Pageant which will be held in Lawton, and to their arrival at
Howard Johnson’s. She also invited everyone to the Juneteenth
Celebration on June 20.
Schumpert distributed the draft response to EPA on the sewer
system. He said an attempt will be made to mail this on Friday
and requested any comment prior to that time. Shanklin asked if
the EPA is being notified that the Wastewater Treatment Plant is
being enhanced to 18 or 19 mgd which would handle a city of
150,000 people, which would handle a good portion of the inflow
and infiltration. Schumpert said the letter states funds have
been spent on expanding the Wastewater Treatment Plant. Shanklin
said EPA did not make us do that work.
Schumpert said he and the Chief of Police would go to Tampa,
Florida, with expenses paid by Marie Detty Youth Services, Inc.
to view some community intervention centers. Dates of travel are
June 19 to 21.
Williams said a comment about the letter to EPA, on the back
page, it states that the City Council in June 1996 authorized
expenditure of $3.5 million from the 1995 CIP to address and
identify problem locations where existing lines are in
deteriorated conditions. He asked if that was done. Schumpert
said yes, it was used for manholes where any were deteriorated.
Williams said he would like to see that. Mayor Marley said that
was the SSES. Schumpert said no, this is an additional amount;
SSES showed a number of manholes in bad shape so Council
allocated these funds to repair them and do some line repair.
Maples said crime stats have been distributed showing a 21%
increase in burglaries.
There was no further business and the meeting adjourned at 9:45
p.m.