Month 2005-4 April
Meeting of 2005-4-12 Regular Meeting
MINUTES
LAWTON CITY COUNCIL REGULAR MEETING
APRIL 12, 2005 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor John P. Purcell, Jr. Also Present:
Presiding Larry
Mitchell, City Manager
John
Vincent, City Attorney
Traci
Hushbeck, City Clerk
Mayor Purcell called the meeting to order at 6:00 p.m. Notice of meeting and agenda
were posted
on the City Hall notice board as required by law. Invocation was given by Pastor John Butler,
Beal Heights Presbyterian Church.
ROLL CALL
PRESENT: Rex
Givens, Ward Two
Amy Ewing-Holmstrom, Ward Four (Arrived at 6:13 p.m.)
Robert Shanklin,
Ward Five
Jeffrey Patton, Ward Six
Stanley
Haywood, Ward Seven
Randy
Warren, Ward Eight
ABSENT: Bill
Shoemate, Ward One
Glenn
Devine, Ward Three
PRESENTATION OF CITIZEN OF THE MONTH TO GENEVA DEVRIES
Kim Ousley, Chairman of the Mayor s Commission on the Status of Women, introduced
Geneva
Devries as Citizen of the Month for April. She said her application was the best she has ever
seen. She s a volunteer, an army wife, a mom and a daughter. She is commended
for countless
hours to various projects such as the Protestant Women of the Chapel, the Patriot Spouses Club
as well as being a family readiness group leader and friend of the Ft. Sill Museum.
Mayor Purcell presented a Certificate of Congratulations from the State of Oklahoma,
a
Certificate of Commendation from the Mayor s Office, and a Mayor s Do What s
Right coin.
He commended Ms. Devries on her volunteer efforts and thanked her for her service to the
community.
PRESENTATION OF PROCLAMATION FOR WHITE CANE DAY
Mayor Purcell proclaimed April 16
th as White Cane Day and presented a proclamation to
members of the Lawton Northeast Lions Club. Club members said the fundraiser will be at Wal-Mart
on Sheridan Road and Sam s Club. They recognized members from Boy Scout Troop 187
who will participate in the fundraiser. Mayor Purcell thanked them for all the good work they
do
throughout the year.
Mayor Purcell announced the Oklahoma Blood Institute is in serious need of donations
and
encouraged everyone to help. He said there are so many troops that are gone from Ft. Sill, and
they need to rely on Lawton citizens for donations.
Mayor Purcell recognized Councilman elect Keith Jackson and Councilwoman elect Janice
Drewry who were in attendance.
AUDIENCE PARTICIPATION: None
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL MEETINGS OF
MARCH 22, 2005.
MOVED by Haywood, SECOND by Patton , to approve the Minutes of March 22, 2005. AYE:
Ewing-Holmstrom, Shanklin, Patton, Haywood, Warren, Givens. NAY: None. MOTION
CARRIED.
CONSENT AGENDA:
Separate consideration was requested for Items 9, 10, 16, and 19.
MOVED by Shanklin, SECOND by Warren, to approve the Consent Agenda items as
recommended with the exception of items 9, 10, 16 and 19. AYE: Ewing-Holmstrom, Shanklin,
Patton, Haywood, Warren, Givens. NAY: None. MOTION CARRIED.
1. Consider the following damage claims recommended for approval
and consider passage of
any resolutions authorizing the City Attorney to file a friendly suit for the claims which are over
$400.00: Southwestern Bell Telephone Company in the amount of $2,381.80 and Southwestern
Bell Telephone Company in the amount of $663.49. Exhibits: Legal
Opinions/Recommendations; Action: Approval of claims as listed and approval of Resolution
No. 05-49 and Resolution No. 05-50.
2. Consider the following damage claims recommended for denial: Southwestern Bell
Telephone Company in the amount of $103.00, Farmers Insurance in the amount of $5,051.80,
Southwestern Bell Telephone Company in the amount of $552.69 and White Glove Realty in the
amount of $426.32. Exhibits: Legal Opinions/Recommendations.
3. Consider adopting a resolution ratifying the action of the
City Attorney and the City
Manager in filing and making payment of the judgment in the Workers Compensation case of
Frank P. Hardzog in the Workers Compensation Court, Case No. 2004-09337A. Exhibits:
Resolution No. 05-51. Action: Approved in the amount of $15,840.00.
4. Consider adopting a resolution ratifying the action of the
City Attorney and the City
Manager in filing and making payment of the judgment in the Workers Compensation case of
Samuel J. Speer in the Workers Compensation Court, Case No. 2004-11304Q. Exhibits:
Resolution No. 05-51. Action: Approved in the amount of $26,400.00.
5. Consider approval of the Retainer Agreement for Professional
Services with Granville D.
Long, to provide professional investigative services to the City of Lawton, and authorize the
Mayor and City Clerk to execute the Agreement. Exhibits: Proposed Agreement
6. Consider approving the Boulevard of Lights Committee and the
Parks and Recreation
Department to hold the 2
nd Annual Family Fun Festival event in Elmer Thomas Park and Lake
Helen on June 25, 2005. Exhibits: Letter of request from the Boulevard of Lights.
7. Consider accepting the West Cache Road 24 Waterline
Phase I Project #2003-11 as
constructed by Bowles Construction Company, Inc. and placing the Maintenance Bond into
effect. Exhibits: None.
8. Consider awarding a construction contract to T & G Construction,
Inc. for the Elmer Thomas
Park Roadway Construction Project #2004-10 in the amount of $437,460.00. Exhibits: None
9. Consider authorizing Ashbrook Simon-Hartley to upgrade
and recondition the existing belt
filter presses at the Wastewater Treatment Plant (WWTP). Exhibits: Letter dated March 17,
2005 from Ashbrook Simon-Hartley.
Shanklin stated he feels the taxpayers should know these monies will be spent to
reshape the belt
press at
the Wastewater Treatment Plant which may extend their use for an additional 15 years.
He felt
this was
good negotiating by Mr. Ihler and his staff.
MOVED by Shanklin, SECOND by Warren, to approve the upgrade and recondition of the
existing belt filter presses at the Wastewater Treatment Plant. AYE: Shanklin, Patton, Haywood,
Warren, Givens Ewing-Holmstrom. NAY: None. MOTION CARRIED.
10. Consider amending the agreement for receiving pretreated
wastewater at the Wastewater
Treatment Plant from the City of Geronimo and authorize the Mayor and City Clerk to execute
the Agreement. Exhibits: Agreement on File in City Clerk s Office.
Shanklin questioned what the average user pays in Lawton.
Jerry Ihler, Public Works Director, stated individual residents pay around $8.16
per thousand
gallons.
Shanklin questioned why we would charge a cheaper rate than what our own citizens
pay.
Ihler stated this water comes from their lagoon and is mainly rainwater or clear
quality water
which is not
hard to treat. Over the last five years they have only sent us 3 million gallons
per year. The City
of
Geronimo only sends us water on an emergency basis when their lagoons are about to
overflow.
MOVED by Shanklin, SECOND by Warren, to approve amending the agreement for pretreated
wastewater from the City of Geronimo. AYE: Patton, Haywood, Warren, Givens Ewing-Holmstrom, Shanklin. NAY: None. MOTION CARRIED.
11. Consider approving an agreement to accept an Emergency Management
Performance Grant
(EMPG). Exhibits: Emergency Management Preparedness Sub-Grant Agreement.
12. Consider adopting a resolution in support of State Question
723 to create a transportation
trust fund to provide desperately needed funding for Oklahoma s highways, roads and bridges.
Exhibits: Resolution No. 05-53.
13. Consider approving the purchase of the property located at
Lot 3, Block 19, Original
Townsite to the City of Lawton, Oklahoma, a/k/a 306 SW A Avenue. Exhibits: Letter of Interest
14. Consider approving the purchase of a 20-inch bronze sculpture
of General Henry Ware
Lawton from Dr. Gary Gardner to display in City Hall at a cost of $2,300.00 Exhibits: Letter
from Dr. Gardner.
15. Acknowledge receipt of election returns of March 8, 2005. Exhibits: Election Tabulation.
16. Consider awarding contract for Neighborhood Services Nuisance
Abatement (CL05-039).
Exhibits: Department recommendation and abstract of bids.
Shanklin stated this is the second year in a row that bid documents went out without
the Council
seeing
them. He questioned what the bidder would be providing. At one time
they wanted the property
edged
and the curb and gutters cleaned out. He questioned if those requirements were
in the contract.
Melissa Laycock, Neighborhood Services Supervisor, stated those were concerns and that
is why
they put
the contract back out for bid. They wanted to clarify in the contract that the
contractor will cut
the grass
from 2-3 and will not use brushhogs in residential areas.
Shanklin questioned if the City of Lawton had previously done business with the low
bidder.
Laycock stated the low biddger currently has the utility easement abatement contract
and is doing
a super
job.
MOVED by Shanklin, SECOND by Haywood, to award the contract for Neighborhood Services
Nuisance Abatement to Booker Tree Service. AYE: Haywood, Warren, Givens Ewing-Holmstrom, Shanklin,
Patton. NAY: None. MOTION CARRIED.
17. Consider awarding contract for Backhoe/Loader (CL05-038). Exhibits: Department
recommendation and abstract of bids. Action: Contract awarded to OCT Equipment,
LLC
18. Consider awarding contract for One-Half Ton Pick-Up Trucks
(CL05-035). Exhibits:
Department recommendation and abstract of bids. Action: Contract awarded to (1) Joe Cooper
Ford & (3) Hudiburg Auto Group.
19. Consider awarding contract for Mid-Size SUV (CL05-035). Exhibits:
Department
recommendation and abstract of bids.
Warren questioned why the Inspection Division would need an SUV. He is concerned
about gas
prices.
Rick Endicott, Finance Director, stated they may need a bigger vehicle to carry their
equipment,
but he
could not speak to this item.
MOVED by Warren, SECOND by Ewing-Holmstrom, to table this item. AYE: Warren, Givens,
Ewing-Holmstrom, Shanklin, Haywood, Patton. NAY: None. MOTION CARRIED.
Mayor Purcell stated the City Council would need to strike item #29.
20. Consider approval of payroll for the period of March 14 to
March 27, 2005. Exhibits:
None.
BUSINESS ITEMS:
21. Hold a public hearing and consider a resolution amending
the 2025 Land Use Plan from
Residential/High Density to Public and an ordinance changing the zoning from R-4 (High
Density Apartment District) to P-F (Public Facilities District) zoning classification located at
1001 SE 36
th Street. Exhibits: Resolution No. 05-__, Ordinance No. 05-__, Location Map, Site
Plan, Applications, CPC Minutes.
Debra Jones, Acting Planning Director, stated this was an amendment to the land use
plan as well
as a
rezoning initiated for a 10-acre tract located at the Northwest corner of Southeast
36
th Street and
Huntington Circle. The applicant/property owner is Nick Richards, who is the agent
for the
Frank
Richards 1992 Trust. The proposed use is for Hospice of Southwest Oklahoma.
The zoning of the surrounding area is R-4 to the north; R-4 and R-1 (Single-Family Dwelling
District) to the south; R-4, R-1, and C-4 (Tourist Commercial District) to the east and west. The
land use of the surrounding area is agricultural to the north; single-family residence to the south;
Ten Oaks Retirement Center, medical office, pharmacy, agricultural, and gas station to the east;
and agricultural and First Baptist East Church to the west. The 2025 Land Use Plan designates
this area as Residential/High Density. The proposed use, Hospice of Southwest Oklahoma,
would require Public Facilities District zoning.
The nearest dedicated water main is located approximately 700 feet to the east of this
site in
Sullivan Village, and the nearest dedicated sewer main is located west of this 10-acre tract which
was installed to serve First Baptist East Church.
On March 10, 2005, the City Planning Commission (CPC) held a public hearing on this
request.
During the public hearing three persons spoke in favor of the request, and no one spoke against
the request. The CPC, by a vote of 6 - 0, recommended approval of the request.
Notice of public hearing was mailed to six property owners within 300 feet of the requested
area
on March 22, 2005, and proper notice was published in
The Lawton Constitution on March 27,
2005.
Jones stated since the CPC pubic hearing, the Planning Division has received no calls
of inquiry
or interest.
PUBLIC HEARING OPEN.
Nick Richards, 39 SE 6
th, requested approval of the rezoning so that Hospice may build a new
facility. He stated there needs to be a water line extended from the west side of Sullivan Village
to the site. The owner will extend the line and dedicate to the City of Lawton. It will
go down
the North right-of-way of Huntington Circle.
Ewing-Holmstrom asked Mr. Richards if he donated the property to Hospice.
Mr. Richards stated there is a contractual arrangement for some donation.
Jeff Henderson, Director of Hospice of Southwest Oklahoma, stated Wichita Falls has
had this
type of facilities for seven or eight years. This facility will serve approximately 150 additional
patients a year and will employ a minimum of 15 additional staff. This facility will not compete
with nursing homes or assisted living facilities, but will be strictly for hospice patients.
PUBLIC HEARING CLOSED.
MOVED by Ewing-Holmstrom, SECOND by Warren, to approve Resolution No. 05-54 and
Ordinance No. 05-12, waive the reading of the ordinance, read the title only. AYE: Ewing-Holmstrom,
Shanklin, Patton, Haywood, Warren, Givens. NAY: None. MOTION CARRIED.
(Title read by City Attorney) Ordinance
05-12
An ordinance changing the zoning classification from the existing classification of
R-4 (High
Density
Apartment District) to P-F (Public Facilities District) zoning classification on a tract
of land
which is
located West of the corner at 1001 SE 36
th Street and Huntington Circle authorizing the changes
to be
made upon the official zoning map in accordance with the ordinance.
22. Consider adopting a resolution in support of the Lawton Metropolitan
Area Airport
Authority in their efforts to obtain an Economic Development Grant under a Limited Federal
Program, the Small Community Air Service Development Pilot Program. Exhibits: Proposed
Letter of Support and Resolution No. 05-__.
Larry Mitchell, City Manager, stated the City of Lawton received a request from the
Airport
Authority on
April 4
th to participate in a federal grant. The local share of the grant will be $50,000
and the
total amount
of the grant will be $650,000. The grant money will be used to assist the airport
in improving air
service
to the community. They have identified the funding source as the hotel/motel tax.
MOVED by Shanklin, SECOND by Haywood, to approve Resolution No. 05-55. AYE: Ewing-Holmstrom,
Shanklin, Haywood, Warren, Givens. NAY: None. MOTION CARRIED. ABSENT:
Patton.
23. Hold public hearings and adopt resolutions declaring the
structures at: 303 NW Arlington
Avenue (Voluntary), 2505 SW E Avenue (Voluntary), 1205 NW Columbia Avenue (Voluntary),
1211 SW Jefferson Avenue, 2017 SW Garfield Avenue and 617 SW 26
th Street to be dilapidated
public nuisances, thus causing a blighting influence on the community and detrimental to the
public s health and safety. Authorize the City Attorney to commence legal action in district
court to abate each nuisance. Further authorize Neighborhood Services to solicit bids to raze and
remove each dilapidated structure, if necessary. Exhibits: Six Resolutions.
303 NW Arlington Avenue: Laycock presented photographs of the property. The owner
has
requested
the structure be declared dilapidated. There have been no utilities since January
2003. Two
wooden
structures on the property, both in very poor condition, are causing blight on the community.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Shanklin, SECOND by Haywood, to approve Resolution No. 05-56 and declare the
structure at 303 NW Arlington Avenue to be dilapidated and a public nuisance. AYE: Shanklin,
Patton, Haywood, Warren, Givens, Ewing-Holmstrom. NAY: None. MOTION CARRIED.
2505 SW E Avenue: Laycock presented photographs of the property. This item is also
at the
request of
the owner. There have been no utilities since June 2003. It is a one-story
wooden structure in
poor
condition.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Shanklin, SECOND by Haywood, to approve Resolution No. 05-57 and declare the
structure at 2505 SW E Avenue to be dilapidated and a public nuisance. AYE: Patton, Haywood,
Warren, Givens, Ewing-Holmstrom, Shanklin. NAY: None. MOTION CARRIED.
1205 NW Columbia Avenue: Laycock presented photographs of the property. This item is also
at the
owners request. There have been no utilities since January 2005. It is a
one-story wooden
structure in
poor condition.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Shanklin, SECOND by Haywood, to approve Resolution No. 05-58 and declare the
structure at 1205 NW Columbia Avenue to be dilapidated and a public nuisance. AYE:
Haywood, Warren, Givens, Ewing-Holmstrom, Shanklin, Patton. NAY: None. MOTION
CARRIED.
1211 SW Jefferson Avenue: Laycock presented photographs of the property. This item is a
one-story brick structure in very poor condition. There have not been utilities
since May 1996.
Neighborhood Services has been mowing the property and securing the structure since
1999.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Haywood, SECOND by Warren, to approve Resolution No. 05-59 and declare the
structure at 1211 SW Jefferson Avenue to be dilapidated and a public nuisance. AYE:
Warren,
Givens, Ewing-Holmstrom, Shanklin, Patton, Haywood. NAY: None. MOTION CARRIED.
2017 SW Garfield Avenue: Laycock reported the owner moved the dilapidated mobile home at
his
own expense prior to the meeting.
This item was stricken.
617 SW 26th Street: Laycock presented photographs of the property. This
is a one-story wooden
structure
in dilapidated condition. There have been no utilities since May 2000. She
received a fax letter
from the
owners attorney requesting clemency since they plan to remodel.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Shanklin, SECOND by Warren, to approve Resolution No. 05-60 and declare the
structure at 617 SW 26th Street to be dilapidated and a public nuisance. AYE: Ewing-Holmstrom,
Shanklin, Patton, Haywood, Warren, Givens. NAY: None. MOTION CARRIED.
24. Consider approving and accepting a one-time donation from
Affiliated Van Lines, Daveco
Industries, Ft. Sill Federal Credit Union, EZ Go Industries, and Comanche Red River Casino for
the purchase of youth sports awards. Exhibits: Copies of donation checks.
Kim Shahan, Park and Recreation Director, stated at the end of each youth sports
event, they
have
extended opportunities to businesses to sponsor the championship awards. These
one time gift
will allow
them to give individual and team awards. Shahan publicly thanked these donors
and those who
have
contributed in the past.
Ewing-Holmstrom questioned who oversees the donations.
Shahan stated he receives the money and turns it in to the Financial Services Division.
Mayor Purcell thanked all those who contributed to the sports program.
MOVED by Warren, SECOND by Ewing-Holmstrom, to approve and accept donations. AYE:
Shanklin, Patton, Haywood, Warren, Givens, Ewing-Holmstrom. NAY: None. MOTION
CARRIED.
25. Consider request from Energetix to extend the Treated Effluent
Option Agreement for the
Lawton Energy Facility. Exhibits: Letter of request to extend option and Proposed Fifth
Amendment to the Agreement.
Vincent stated on April 30, 2001, the City Council entered into an agreement with Energetix
for
the sale
of treated effluent for an energy plant in West Lawton. The City Council has maintained
an
agreement
with Energetix since 2001 through a series of options and contract amendments to allow
them to
extend
the option so they can get on line with their construction project. He stated
Debra Thompson
from
Energetix is in attendance.
Ms. Thompson thanked the City Council for their continued support with regards to this
effort.
They look forward to the continued development of this project.
MOVED by Shanklin, SECOND by Patton, to approve the extension of Treated Effluent Option
Agreement with Energetix. AYE: Patton, Haywood, Warren, Givens, Shanklin. NAY: None.
MOTION CARRIED. ABSENT: Ewing-Holmstrom.
26. Consider a request from the Lawton Urban Renewal Authority
to declare an area bounded
by the north right-of-way line of NW Ferris Avenue, the north right-of-way line of West Gore
Boulevard, the west right-of-way line of NW 2
nd Street and the west right-of-way line of NW 4th
Street blighted and subject to urban renewal. Exhibits: Letter from LURA, Map of Urban
Renewal Plan Areas.
Mitchell stated this request from LURA is to consider extending their D-6 urban renewal
boundaries to
include these twelve blocks. The Lawton Urban Renewal Authority is under a redevelopment
contract
with a consultant from Oklahoma City. That consultant has recommended that this
area be
expanded to
incorporate the 2
nd Street corridor plan that is being developed. This is a requirement so that
LURA will
be able expend money in that project area.
Vincent stated if the City Council adopts this proposal, a revised urban renewal plan
would be
presented
to the City Planning Commission. It will then come back to the City Council.
MOVED by Shanklin, SECOND by Haywood, to direct staff to prepare documents and begin the
process to declare the area bounded by the north right-of-way line of NW Ferris Avenue, the
north right-of-way line of West Gore Boulevard, the west right-of-way line of NW 2nd Street
and
the west right-of-way line of NW 4th Street blighted and subject to urban renewal. AYE:
Haywood, Warren, Givens, Shanklin, Patton. NAY: None. MOTION CARRIED. ABSENT:
Ewing- Holmstrom.
27. Consider approving a resolution placing a moratorium on the
issuance of building permits
for construction of buildings in an area bounded by the north right-of-way line of Ferris Avenue,
the north right-of-way line of Gore Boulevard, the west right-of-way line of 4
th Street, and the
east right-of-way line of Railroad Street for a period of six months. Exhibits: Resolution
05-__,
LURA Resolution and LURA minutes.
Mitchell stated this a companion item to #26. LURA is in the process of developing
a
redevelopment plan for this area. On March 11, 2005, LURA adopted a resolution
requesting the
City
Council place this moratorium on the issuance of building permits for construction of
buildings
in this
area until they are able finish their redevelopment plan and develop regulations for
building
standards,
land use setbacks and parking within that area.
Chris Nervig, representing Mercy Housing, a national non-profit organization based in
Denver,
Colorado,
Stated they own about 15,000 multi-family units across the United States. They
are the proposed
purchaser of Columbia Square Apartments, 305 NW 4
th Street, which is within this urban
renewal area.
One of the conditions of the purchase is a complete rehab of the property which will
cost
approximately
$51,000 per unit. They feel it is very important to get the property back in good
condition. They
will
keep it as Section 8 housing for the next 30-40 years. They are concerned with
this moratorium
because
they hoped to begin rehab in December. Should the moratorium go through,
they would request
a waiver
on that six months. If they cannot get a waiver, they will need to go back
and rearrange some
financing.
She is not saying they will not continue the deal without a waiver, but they need to
know now, so
they can
rearrange their financing.
Shanklin questioned if they would seriously spend $51,000 for a two bedroom apartment.
Ms. Nervig stated they approached HUD requesting the ability to demolish the property
and
rebuild.
They were told if they do this, they would lose the section 8 contract. They will
need to rehab
the
property two buildings at a time. They will work with HUD for the first, second
and third
mortgages.
The second and third mortgage does not have a debt service. They will use federal
low-income
housing
tax credits. They have also applied for a CDBG grant from the City of Lawton to
place a
security fence
around the property.
Shanklin questioned if they would be able to rent to anyone other than section 8 applicants.
Ms. Nervig stated they have to qualify for section 8.
Warren questioned how this resolution would affect this project since it is a rehab.
Ms. Nervig stated they would be building a new community management office on the site.
Warren stated if they approve the moratorium they would be able to proceed with the
rehab, but
not build
the community office.
Mayor Purcell stated this moratorium would have no affect on the remodeling. It
would only
affect their
desire to build a new building.
Mayor Purcell stated they probably would not be building the new office in the next
six months,
but
questioned how they would grant them an exception to build the new office.
Vincent stated that hopefully they would have the structural design criteria during
the next six
months.
He questioned if the western boundary of the moratorium area was suppose to go to 4
th Street or
are they
stopping at the west side of 3
rd Street. They can consider a boundary adjustments, but the City
Council
should not put them in a position to grant waivers. They can deal with that problem
if they have
to
renew the resolution in six months.
Ms. Nervig stated, as long as the moratorium does not include the rehab of the units,
they can
live with
constructing the new building next year.
Warren questioned if they needed to extend the moratorium from south 2
nd Street to C Avenue.
Vincent stated the resolution could be amended.
Warren stated they needed to accept any building projects that have made application
for a
building
permit.
Vincent stated the resolution needs to be amended to exclude applications that have
been filed at
the time
of the signing of the resolution or are under review. The resolution should also
exclude permits
that have
been granted but have not started construction and structures that have been declared
dilapidated
by the
City Council.
Givens requested that the minutes reflect that this resolution will not apply to rehab
projects.
MOVED by Warren, SECOND by Haywood, to adopt Resolution No. 05-61 to include all
modifications suggested by the City Attorney and extending the area from Ferris to C Avenue
and 4th Street to Railroad. AYE: Warren, Givens, Ewing-Holmstrom, Shanklin, Patton,
Haywood. NAY: None. MOTION CARRIED.
28. Consider a resolution temporarily closing the East 150 feet
of the alley in Block 3 of
original townsite for demolition and construction purposes as requested by CDBL on behalf of
Dan Mullins. Exhibits: Resolution No. 05-__ and location map.
Vincent stated the City Code requires that any request for closure of a street or alley
for purposes
of
construction, reconstruction or demolition that exceeds 180 days be brought to City
Council for
approval.
MOVED by Warren, SECOND by Patton, to adopt Resolution No. 05-62 temporarily closing the
East 150 feet of the alley in Block 3 of original townsite for demolition and construction
purposes. AYE: Ewing- Holmstrom, Patton, Haywood. Warren, Givens. NAY: None. MOTION
CARRIED. ABSENT: Shanklin.
29. Consider adopting an ordinance amending Section 17-2-11-232,
Lawton City Code, 1995,
by lowering the restriction of hiring relatives to the division level rather than the department
level and declaring an emergency. Exhibits: Ordinance No. 05-___.
This item was stricken.
30. Consider approving the Market Plan proposal for City of Lawton
compensation analysis
project. Exhibits: Previous minutes and market plan proposal.
Jim Scholes, Human Resources Director, stated this step is to receive the City Council
s input
on the
direction of the market plan. He stated they have many sources available to determine
markets
and values
of various cities. There will be specific jobs where they will have to find cities
that have those
positions. This is the general approval to determine if the City Council likes
what they are doing
with the
market plan and can they get approval to continue in this direction. There are
over 200 positions
in the
city and there are going to be exceptions.
Givens questioned if they received input from the Employee Advisory Committee.
Scholes stated he attends those meeting and has briefed the committee.
Givens stated there have been rumblings from the Council as well as employees regarding
the
cities that
are chosen.
Scholes stated he has briefed the EAC on the market plan, but did not present specific
cities.
Mitchell stated that he and Mr. Scholes met with the EAC, but they were more concerned
with
plugging
in the job classifications in each categories and plugging in the salary. He and
Mr. Scholes will
continue
to meet with the EAC members as well as Department Directors as they continue this process.
Warren stated with Police and Fire, they are continually fighting over which cities
to compare.
He would
rather see a system in which we use the same cities for labor and trades as they do
for
management and
supervisory even if they have to adjust for median income. He wished we could
deal with every
position
using the same cities, that way all the numbers stay the same. The cities which
are chosen for
supervisory
are also paying equipment operators. It seems we could look at those and quantify
it by average
income
to get a number that is equitable to Lawton, Oklahoma.
Scholes stated one-third of his information is pay plans from surrounding cities. There
is a
problem with
being broad in every category. It is going to cause more conversations to do it
this way, but in
the end we
will have a true comparison. The last compensation plan was brought as a whole
and there were
problems.
Warren stated he would much rather pick four cities and use as a broad spectrum with
98% of the
employees getting paid off of a matrix from those cities, and make adjustments on just
a few.
Mitchell stated that would be very difficult to do because job classifications are very
different
and the
structure of the organization is different. Part of what they are trying to do
is not only look at
pay plans
and comparative wages, but also look at each class as they recruit. As you move
from one class
to
another, that recruitment changes.
Warren stated it bothered him that it does not look like we are being equitable when
we say we
are going
to choose the professional from Dallas and the laborer from Duncan. It seems it
would be easier
to just
pick the cities and build in a matrix. Then we can argue between the groups over
what matrix to
use.
Mitchell stated they are trying to build a pay plan that is competitive for the positions.
We want
to make
sure we are paying a comparable, competitive salary for those positions. There
is risk of
overpaying some
positions because they are at the top of the market.
Warren stated they could get original numbers from a set group of cities and build a
matrix off of
what
that job classification pays in the private sector.
Scholes stated they are trying to avoid a skewed factor with an overpaid or underpaid
pay plan,
but a fair
pay plan across the board. The data is available to look at any position
in several cities and he
would be
happy to go through the information line by line.
Mayor Purcell asked Warren if he agreed with the concept, but was concerned with the
cities
chosen.
Warren suggested looking at Oklahoma as a whole.
Scholes stated you would be looking at every city with a population from 200 to Oklahoma
City.
Patton stated they needed to look at this like any other business. If there is
a high turnover in a
particular
classification, you must realize that we are not very competitive.
Scholes stated other than temporary labor, we have a lot of employees that have been
here over
15 years.
Patton stated if there is a lot of turnover in a specific position, we should be able
to identify those
positions that are finding other opportunities in other cities. If we look at
those vacant positions
where we
have many applicants, that should tell us that we are on target as far a pay in those
positions.
Givens questioned if anyone has looked at the correlation between median household income
and
median
house value.
Scholes said he was told to stay away from those kind of figures.
Mayor Purcell stated all this would be discussed in the next step.
Shanklin stated we need to compare ourselves with other entities in Lawton such as Goodyear,
Lawton
Public Schools, the hospitals and Comanche County. He would not be opposed
to including
Norman.
Warren stated he was thinking more in the line of Wichita Falls. We need to use local
and
regional.
Mayor stated that those listed in the information put together by Human Resources has
all the
local areas.
Warren said they had dealt with this in the past and if they do not come up with some
cities that
are all
encompassing and general and leave out a few exceptions, they are going to have to deal
with
every single
position because there will be pressure on the City Council from employees and department
heads.
We need to pick some cities and start building from some point.
Scholes stated he does not believe they can find four cities to use for all categories
and have a
working
pay plan.
Warren questioned why an equipment operator in Lawton was considered any different than
an
equipment
operator in Wichita Falls.
Scholes stated supply and demand is different. The market in Lawton has more qualified
labor
and trade
applicants than a City Manager applicant. They have to look at what is available
to fill the
position. He
does not believe it is possible to find four cities that will do that.
Warren said we have firemen who drive from out of town because we pay more money. The
same thing
is going to happen in Wichita Falls and anyplace else where a person can earn more money.
Scholes asked how far can we go with this. There will always be another city that
will pay more.
Givens stated we need to not only look at household income, but they must remember that
our
base of sales tax is a lot less than other areas. They need to consider that factor.
Warren said the amount of tax money that the city of Lawton puts in its coffers does
not change
between
an equipment operator and an administrative person.
Mitchell stated the original concept to look at the pay plan was to make sure that they
paid
market wages
for all of the positions.
Scholes stated it is going to depend on what positions they are looking at as to where
they go to
fill that
position. He does not want to over generalize this because it will not be fair
to the employees,
the budget
process or the citizens that have to pay.
Shanklin stated he feels they need to be comparing with those cities with comparable
population
and
general operating budget.
Mayor Purcell questioned what the Council wanted to do. Are they going to approve
this
concept with
these specific cities.
Scholes said the request was to approve as it was written with these specific cities.
Ewing-Holmstrom stated that she agreed with Councilman Shanklin that the money has to
be in
the
budget to be able to pay these positions.
Warren stated he believes that everyone needs to be treated equitably.
MOVED by Shanklin, SECOND by Ewing-Holmstrom, to approve the market plan for the City
of Lawton compensation analysis as stated. AYE: Ewing-Holmstrom, Shanklin, Patton,
Haywood, Givens. NAY: Warren. MOTION CARRIED.
REPORTS: MAYOR/CITY COUNCIL
Ewing-Holmstrom stated her constituents were very pleased with the progress at the intersection
of 45
th and Lee. She is also concerned with the trash that is blowing from new construction
in
Heritage Hills. She questioned if there was anything that could be done.
Mitchell stated Neighborhood Services could contact the contractor.
Ewing-Holmstrom stated that East on Gore is a giant billboard that ruins the skyline. She
questioned where they were at with the sign ordinance.
Patton said he had several constituents contact him about installing a stop sign at
the corner of
Willow Creek and Mickelgate.
Mayor said that the request would need to go through the Traffic Commission.
Haywood thanked the Chamber of Commerce and Fort Sill National Bank for bringing business
to this community including ward seven.
Mayor Purcell stated they would need to consider at an upcoming City Council meeting,
an
ordinance dealing with construction that is not completed in a timely manner. He stated
he and
the City Manager drove around town recently with the Secretary of Transportation and the
Director of the Oklahoma Department of Transportation. There is a major problem on 38
th
Street. They must come up with a solution and stop giving contracts to the same people who
never complete projects on time and inconvenience the citizens for months on end. He plans on
bringing back an ordinance in order to fix this problem. He also stated there needs to be some
kind of moratorium on huge signs in town. These are the kinds of signs that belong on the
interstate. He will ask the City Attorney to bring something back to the City Council.
Givens stated the new sign ordinance, if approved by the City Council, would limit the
maximum
size of billboards to 300 square feet. That is the small, standard size that the two local sign
companies deal with all the time. He is hoping the new sign ordinance will be done sometime in
May.
Vincent stated he would bring back a resolution approving a moratorium on all off-premise
advertising. Off-premise advertising means that a person has rented space from another person
and is advertising a business not located on that lot.
Ewing-Holmstrom stated the big sign on Gore is part of that business.
Vincent said through the sign ordinance, they can issue a maximum size and height for
those
signs.
Mayor Purcell said he wants a moratorium so no new signs will come up before they approve
the
new sign ordinance. He also reminded everyone about the Trash Off scheduled for Saturday,
April 16
th at McMahon Auditorium.
Mitchell reminded the City Council that they will be meeting on Tuesday, April 19
th to discuss
the capacity fee ordinance and on April 28th they will meet to discuss the upcoming budget.
Mike Crawford will give an overview.
Report on E-911: Police Chief Harold Thorne stated the report the City Council received
in their
packets was generated from the perspective of the Lawton Police Chief in relation to the City of
Lawton Communications Center. He also wears the hat of the Chairman of the E-911
Committee. He stated the purpose of the committee was to identify if they can reduce expenses
to the taxpayers by consolidating, combining services, or improving services. He said this issue
is often portrayed as a city versus county, but Lawton is in Comanche County and they do have
the overwhelming majority of Comanche County residents residing in Lawton.
Mayor Purcell asked if the recommendation of the committee was to consolidate.
Thorne stated the committee has requested that they consolidate and that the location
of the
center be Comanche County Courthouse, bottom floor in the prior jail area.
Mayor Purcell stated there is a lot of work to be done on the details.
Thorne stated there are a lot of issues which are addressed in his report. The
City of Lawton
emergency dispatch is very efficient and relatively problem free. Several years ago they did
combine with Fort Sill for a joint dispatch which is very effective and useful because each entity
is aware of what is going on. This is why it would be advantageous to have a joint
communications center.
Shanklin said the report stated they received 223,000 calls this past year. He
questioned how
many calls Comanche County has received.
Darrell Morgan, Communications Supervisor, stated the numbers presented to the Lawton
Constitution were 100 administrative calls per day and 10 emergency calls.
Mayor Purcell stated the whole reason for this drill is they will be going to a regional
emergency
operations center sometime in the next five years. They need to start here and be a step ahead,
or
sit and do nothing. The state and federal government is going to mandate that they consolidate.
The issue is how to do this without degrading service to county or city residents and possibly
save money. He questioned if the committee came up with a recommendation that the 911 be
under the county, city or a separate authority.
Thorne stated the last recommendation was that an authority be formed and each entity
has
representation on that board.
Mayor Purcell stated those employees would now work for that authority. Those
details would
need to be worked out so that no benefits are diluted. There are a lot of details to be worked
out.
He suggested two City Councilors and the City Manager meet with the County Commissioners
with input from the Police and Fire Chiefs, emergency communication from both city and county
and the Sheriff. He asked the City Council who would like to volunteer to go to these meetings.
Councilman Warren and Councilman elect Keith Jackson agreed to serve on a committee to
begin in May.
Thorne stated the report does reference plans to consolidate in 30-45 days, the only
way in his
opinion to accomplish this would be to move two consoles from the county to the city operations.
This would give them time to see how things are going to work out. At that point they could
look at alternate locations. He stated from the law enforcement side, in his opinion, it would
function better if it were under a law enforcement agency. He questioned who would handle to
security of the facility.
Mayor Purcell thanked all those who worked so hard to come up with these recommendations.
RFP for Computer Software: Rick Endicott, Finance Director, stated in December
the City
Council approved going out for the $3 million bond to begin conversion of hardware and
software. Over the last few months, staff has developed the RFP. They are giving vendors
sixty
days to return the RFP, and then staff will start to interview potential vendors.
Patton questioned if there were any local vendors that could handle this project.
Endicott stated he will contact local vendors, but he does not believe there is a local
vendor that
has the capacity or ability to do what needs to be done in a global aspect. They are integrating all
departments.
Shanklin questioned when the RFP would go out.
Endicott stated Friday, April 15
th. They will mail out to approximately 15-20 vendors.
International Code: Mayor Purcell reported that the Code Review Committee has had a
problem
with getting a quorum. They cannot bring the recommendation forward because they have not
had a quorum. Mayor Purcell stated he would bring the recommendation forward to adopt the
International Code. That item will be placed on the agenda for April 26
th.
MOVED by Shanklin SECOND by Patton to convene in executive session to consider the item
shown on the agenda and as recommended by the legal staff. AYE: Shanklin, Patton, Haywood,
Warren, Givens, Ewing-Holmstrom. NAY: MOTION CARRIED.
The Mayor and Council convened in executive session at 8:40 p.m. and reconvened in regular,
open session at 9:00 p.m. Roll call reflected all members present.
BUSINESS ITEMS: EXECUTIVE SESSION ITEMS
31. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss the law suit, in the Oklahoma County District Court,
City of Lawton vs. Public
Employees Relations Board and American Federation of State, County, and Municipal
Employees, Case No. CJ-2004-9617.
Vincent read the title of Item 31 shown above. He said the Council convened in executive
session
to discuss the item and said the Council received a report on the current status of the case
including the fact that the Supreme Court has now accepted the case. The Supreme Court case
number is 101-934. Vincent said no action is required in open session.
There being no further business to consider, the meeting adjourned at 9:02 p.m. upon
motion,
second and roll call vote.
JOHN
P. PURCELL, JR., MAYOR
ATTEST:
TRACI HUSHBECK, CITY CLERK