Month 2005-5 May
Meeting of 2005-5-24 Regular Meeting
MINUTES
LAWTON CITY COUNCIL REGULAR MEETING
MAY 24, 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
Col.
Keith Herring, Fort Sill Liaison
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 Dunaway,
Abundant Life Church, followed by the Pledge of Allegiance.
ROLL CALL
PRESENT: Bill
Shoemate, Ward One
Rex Givens, Ward Two
Janice
Drewry, Ward Three
Keith
Jackson, Ward Four
Robert
Shanklin, Ward Five
Jeffrey Patton, Ward Six
Stanley
Haywood, Ward Seven
Randy
Warren, Ward Eight
ABSENT: None
PRESENTATION OF EMPLOYEE OF THE MONTH AWARD TO BILL HERNDON,
BUILDING MAINTENANCE WORKER III, PARKS & RECREATION DEPARTMENT.
Kim Shahan, Parks & Recreation Director, introduced Bill Herndon who started
working for the
City of Lawton in June 2000 and was promoted in January 2002 to a full time position of
Building Construction Specialist. His supervisor states that Bill s greatest asset is his
willingness to serve and his equipment operator skills. Shahan praised his quality of work.
Mayor Purcell presented a plaque, certificate of honor, two days of nonchargable leave, script
money from Chamber merchants and a Mayor s Do What s Right coin.
Presentation of Proclamation for Home Ownership Month
AUDIENCE PARTICIPATION:
Dr. Rosemary Bellino, 21 NW 38th, presented a new No Litter sign and reported
that 40 of
these signs will be placed all over the city. The signs are free and will give notice that there
will
be no tolerance of littering in our city.
Mayor Purcell stated that Dr. Bellino has been working on this project for several
years and she
continues to be an example to everyone in the community. Her efforts to clean up the city are
being realized.
Citizen who did not give name, stated he lives on 38th Street by the construction. There were
some men working on the roof of his apartment complex who said they were putting airplane
sensor equipment on the complex to detect C-5 aircraft coming in to Fort Sill. He called the
Lawton Police Department to report suspicious behavior and was told they could do nothing
without a search warrant. He was upset that they would not look into the matter.
Bill Wallace, 1507 SW 7th, apologized for his tone of voice at the last Council meeting.
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL MEETING OF
APRIL 26, 2005.
MOVED by Shanklin, SECOND by Patton to approve the Minutes of April 26, 2005. AYE:
Drewry, Jackson, Shanklin, Patton, Haywood, Warren, Shoemate, Givens. NAY: None.
MOTION CARRIED.
CONSENT AGENDA: Mayor Purcell asked that Item 14 be stricken and Patton requested
separate consideration for Item 1.
MOVED by Shanklin, SECOND by Warren, to approve the Consent Agenda items as
recommended with the exception of Items 1 and 14. AYE: Jackson, Shanklin, Patton, Haywood,
Warren, Shoemate, Givens, Drewry. 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: Kim and Gary Graham in the amount of $464.00, Mary V. Biazzo in the amount of
$8,004.39, Barbara Sands in the amount of $11,291.47, Ezra and Adriene Davis in the amount of
$3,314.11, Cleveland Davis in the amount of $225.00. Exhibits: Legal
Opinions/Recommendations; Resolution No. 05-___, Resolution No. 05-____, Resolution No.
05-____, Resolution No. 05-____.
Patton stated that Mrs. Sands is a constituent who had a sewer back up. When
the incident
occurred, he went out to her home. The City has recommended paying a reduced amount and the
reason is that there were personal property items that were damaged, but Mrs. Sands had
discarded because she was unaware that she needed to keep them. Patton stated he would like to
verify that he was at her home that evening and saw those items.
Vincent questioned if this item could be tabled so that he and Mr. Patton can go
over the claim
file.
Patton stated that he feels that he is more qualified since he does this for a living.
Vincent stated that staff had a problem with the disposal of a one-year-old Kenmore
refrigerator.
He questioned why it would have been disposed of, it is repairable. Those were the kinds
of
questions that staff could not get an answer from the owner.
Patton stated that if sewage got underneath and in the coil, no one would want to
keep that in the
house.
Vincent stated staff only found three walls that needed the sheet rock replaced.
Patton stated he walked through the house to see what areas had been damaged and
when the
investigators went out they did not take a picture of the sunroom which was damaged.
Vincent stated there is a picture of that room in the file.
Shoemate stated that Mrs. Sands is a family friend and there was one room that was
not included
in the inspection.
Vincent stated that they could reinspect.
MOVED by Haywood to table this item to the next meeting.
SUBSTITUTE MOTION by Patton, SECOND by Warren, to approve the payment of a claim to
Barbara Sands in the amount of $16,858.60. AYE: Shoemate, Givens, Drewry, Jackson,
Shanklin, Patton, Haywood, Warren. NAY: None. MOTION CARRIED.
Shanklin questioned if any insurance will be collected.
Patton stated that insurance would not pay on this claim. He suggested that
they should make a
condition when they pay these claims that a pop up valve is placed on the clean out.
MOVED by Patton, SECOND by Warren, to approve the remainder of the claims in the amounts
indicated. AYE: Givens, Drewry, Jackson, Shanklin, Patton, Haywood, Warren, Shoemate.
NAY: None. MOTION CARRIED.
2. 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: Donovan and Sherie Woodburn in the amount of $4,995.80. Exhibits: Legal
Opinions/Recommendations; Resolution No. 05-____.
3. Consider the following damage claims recommended for denial:
Dennis Edwards in the
amount of $10,000.00, Brandy Wahkinney and Charles Sakote in the amount of $10,000.00,
James and Modean Eckart in the amount of $458.60. Exhibits: Legal
Opinions/Recommendations.
4. Consider adopting a resolution approving the settlement
by a joint petition and making
payment in the pending workers compensation claim of Thomas C. Melton. Exhibits:
Resolution No. 05-___.
5. Consider approval of the Retainer Agreement for Professional
Services with Misty Sissom,
to work as a Legal Assistant Intern in the City Attorney s office, and authorize the Mayor and
City Clerk to execute the agreement. Exhibits: Proposed Agreement.
6. Consider approving an Outside Water Sales Contract with
Betty Watts, and authorize the
Mayor and City Clerk to execute the contract. Exhibits: Location Map, Contract is on file
in the
City Clerk s Office.
7. Consider a request from the Comanche County Commissioners
to waive City landfill fees for
the jail renovation project. Exhibits: Letter from County Commissioner Ron Kirby dated
5/11/05.
8. Consider setting the minimum bid price for six (6)
agriculture lease tracts at Lake Ellsworth,
Tract E-5, 9, 11, 13, 15, and 16, which will be sent to public auction on June 15, 2005.
Exhibits:
Location maps
9. Consider approving recommendation to name a side road at
the Lake Ellsworth dam area in
honor of a former City of Lawton employee, Randell Hale Drive. Exhibits: Letter from the
family of Randell Hale.
10. Consider accepting the McMahon Park In-Line Hockey Rink
Project #2002-7 as
constructed by RCJ Construction, Inc. and placing the Maintenance Bond into effect. Exhibits:
None
11. Consider approving the Community Partner Memorandum of
Agreement between the City
of Lawton and the Federal Emergency Management Agency (FEMA) for the City of Lawton to
coordinate with FEMA during the Digital Flood Insurance update and to authorize the City
Manager to execute. Exhibits: FEMA Community Partner Memorandum of Agreement.
12. Consider adopting a street light resolution to authorize
the removal of five street lights on
Flower Mound Road from Surrey Lane to Gore Boulevard, the removal of one street light at SW
13
th and Georgia and the removal of one street light at SW 13th and Garfield. Consider
the
installation of four street lights on Flower Mound Road from Surrey Lane to Gore Boulevard, the
installation of one street light at SW 13th and Garfield. Exhibits: Street Light Resolution
No.
434.
13. Consider approving a Memorandum of Understanding with
the Oklahoma Department of
Homeland Security Office of Domestic Preparedness, which will direct and assign OKOHS the
right to use the City of Lawton s Award Funding to pay directly to the vendor for the Response
Vehicle previously awarded. Exhibits: Oklahoma Office of Homeland Security Regional
Response Vehicle MOU.
14. Consider approving a request to enter into a memorandum
of understanding between the
City of Lawton and the Oklahoma Office of Homeland Security for the purpose of assigning the
City of Lawton s share of 2004 Homeland Security Grant Program for the Statewide Criminal
Justice Portal and Information Sharing Program in accordance with guidelines to the Oklahoma
State Bureau of Investigation. Exhibits: Copy of Memorandum of Understanding, Letter to Chief
of Police from OKOHS.
This item was stricken.
15. Consider accepting the improvements, escrow agreement
in lieu of completed
improvements, easements, and maintenance bond for a street named St. James Place located
approximately one-half mile west of NW 82
nd Street on the south side of Cache Road. Exhibits:
Location map, List of Incomplete Improvements. The Easements, Escrow Agreement, and
Maintenance Bond are on file in the City Clerk s Office.
16. Consider accepting a permanent easement from the Comanche
County Commissioners that
is needed for the School House Slough Restroom, Lift Station and Force Main Project 2001-17,
and authorize the Mayor and City Clerk to execute the easement. Exhibits: Easement is on file
in
the City Clerk s office.
17. Consider approving the Proposed Cooperative Program and
Memorandum Agreement
between the Oklahoma Water Resources Board, the U.S. Geological Survey and the City of
Lawton and authorizing the Mayor and City Clerk to execute the agreement. Exhibits: Proposed
Cooperative Program and Memorandum Agreement (on file with the City Clerk).
18. Consider approving the following contract extensions:
Pre-Sort Mailing (CL04-063) with
Southwest Mailing Service City Clerk, Employee Physicals/Drug Screen Testing (RFPCL03-066)
with The Center for Occupational Health Human Resources, City of Lawton Audit
(RFPCL04-066) with John M Arledge and Associates, PC Finance Administration and
Mowing and Litter Contract (CL03-061) with Service One Janitorial of Lawton and Wayne W
Harris Parks and Grounds. Exhibits: None
19. Consider approval of payroll for the periods of May 9
to May 22, 2005. Exhibits: None.
BUSINESS ITEMS:
20. Hold a public hearing to consider the Consolidated One-Year
Action Plan for FFY 2005,
receive input from citizens, and provide direction for development of the final plan. If
appropriate, pass a resolution authorizing the Mayor and City Clerk to execute the documents to
submit the plan to the U.S. Department of Housing and Urban Development (HUD), to execute
the Grant Agreement upon receipt from HUD, and to execute all related documents to include
subrecipient agreements required by HUD to implement the CDBG and HOME programs.
Exhibits: Resolution No. 05-____. A copy of the Consolidated Plan for FFY 2005-2009 and
the
Consolidated One-Year Action Plan for FFY 2005 are on file in the City Clerk s Office.
Tom Aplin, Housing and Community Development Division, stated this item will continue
the
consideration of the Consolidated One Year Action Plan for fiscal year 2005 as well as the five-year
action plan for fiscal year 2005-2009. He stated that a couple of questions were left
unanswered during the previous meeting. He distributed a list of housing funds that are in the
pipeline today that have not been expended but are committed for the housing programs.
Mayor Purcell asked if there were any questions before he opened the public hearing.
Givens questioned when HUD would release the funds under FY 2004.
Aplin stated it should be around 20 days or so. He stated their office has
been very busy and he
has been late getting the environmental reviews. It is a very complex and time consuming
process. This year they are much later than they should be. Most of those funds are already
committed.
PUBLIC HEARING OPENED.
Alece Newell, 7224 Willow Creek Drive, stated she is asking for support for the Great
Plains
Volunteer Health Care Clinic. She serves as a volunteer pharmacist along with others. She
thanked the City for their support in the past. They have been able to serve approximately 450
people in the past year with medicine and medical care. She sees 35-45 people every other
Thursday night to provide medication. A lot of the medication is donated by drug companies, but
some of it needs to be purchased. They have purchased blood pressure and diabetes medication
with previous grant monies. They provide a great service to the community. The facility
is
staffed by all volunteers. Many of those who have been served by the clinic, now volunteer at
the clinic. She invited the Council to come by and visit the clinic. They meet on the first
and
third Thursday night of the month at 1502 I Avenue.
Chris Nervig, Mercy Housing, stated that she is in attendance to discuss Columbia
Square
apartments. She stated that Mr. Aplin distributed a memo outlining the process by which their
$50,000 application was recommended to the City Council. This allocation is for the partial
funding of a fence. The bill will be in the $65,000 $70,000 range. The money
will not only be
used for points in their tax credit application, but will also be considered by HUD Washington in
the market HUD restructuring of the project and is being considered as the community s
involvement and support of the restructuring of the project which is vital to this community
in keeping the 64 units of Section 8 housing.
Patton questioned how much was needed for the fence.
Ms. Nervig stated the bid they received a year ago for the fence was $65,000.
Jackson stated in a television interview he heard the figure of $14,000 was requested.
Ms. Nervig stated the interviewer specifically asked her what would be the absolute
minimum
amount. In the Oklahoma Housing Finance Agency tax credit allocations, her absolute bottom
minimum is $14,000 for points under community support. If she gets less than the $50,000 she
loses points in the leveraging section of the tax credits.
Jackson stated that does not mean they will lose the project.
Ms. Nervig stated that is correct, they would not lose the project.
Patton questioned if the $85,000 that is set aside for public facility improvement
can be used for
other public services.
Mayor Purcell stated it can be used in other places, but cannot be used in public
services.
Shanklin stated that in the interview he heard the figure of $8,000. All
they are doing is
perpetuating a ghetto.
He does not understand the government even letting it carry on.
Terry Bryant, stated he manages rental property in Lawton including the HUD housing
project,
Tanglewood II apartments. He is also building two duplexes at 308 and 310 Ferris, which is next
to Columbia Square apartments. He is concerned and feels that a fence is not a good idea. It
is a
bunker mentality that is presented as a crime fighting measure. If there is a crime problem, they
need to take a look at the property manager. There are screening processes with HUD housing
which include background checks. The primary responsibility in dealing with problem tenants is
the management. Several HUD projects in town have little crime. The fence is
not a good way
to handle this problem. He suggested they look at what kinds of police and fire calls come to
the
property, and find out where the problems are. He also suggested that they be proactive with a
good screening process. All this information is available for the city to look at. The $50,000
could be used over a two or three year period to monitor what is going on at the
different HUD
housing projects. Management needs to be held responsible.
Haywood stated that Goodwill Village has a fence around the property and they have
no
problems.
Mr. Bryan stated he just does not like fences. He can see keeping foot traffic
from walking onto
the property, but he does not believe that spending $50,000 for a fence will solve the crime
problem. He is investing in this area and is very concerned about what is going on in the
neighborhood. Management needs to be held accountable.
Haywood stated that fences deter people from going inside the property. Criminals
will be afraid
of getting caught if they go inside.
Ms. Nervig stated that the Columbia Square onsite property manager is in attendance
to answer
any questions.
Shanklin stated he would like to see $20,000 going towards the fence at Columbia
Square and the
remaining $30,000 going back into the housing remodel program.
Givens questioned if the remaining $30,000 could be placed in the Bridge Park project.
Shanklin stated he did not have a problem with that suggestion.
Jackson stated that every Council member agrees that the Columbia Square project
needs to be
done. All businesses in that area will benefit. He does believe that reducing the amount
for the
fence is justified and he would have reduced it to $14,000, but will compromise on $20,000.
MOVED by Shanklin, SECOND by Jackson to approve $20,000 for the Columbia Square
security fence project and the additional $30,000 going towards the Bridge Park restoration
project. AYE: Drewry, Jackson, Shanklin, Patton, Haywood, Warren, Shoemate, Givens. NAY:
None. MOTION CARRIED.
PUBLIC HEARING CLOSED.
Mayor Purcell questioned what the Council would like to do regarding public services.
Givens stated he would like to make the following recommendations: CAP $33,868, GPIF
$18,000, Hospice $15,000, Shelter Operations C. Carter Crain $30,000, Teen Pregnancy
Prevention $35,000, Juvenile Crime Prevention $15,000 and add the Back Pack Project with
funding of $5,000.
Jackson stated he would hate to see the Hospice program cut by that much. He
would rather add
$5,000 to Hospice for a total of $20,000 and cut the Teen Pregnancy program to $30,000.
Givens stated that there were certain criteria and Hospice had a very low score. They shouldn t
have gotten any money last year because they did not meet the criteria. They do not qualify for
any funding.
Shanklin questioned if they do not qualify, why are they on the list?
Givens stated the City Council beat up staff last year, so they were added to the
list. The
Planning Commission even increased the amount recommended.
Mayor Purcell stated that Hospice is qualified to receive funding, but were not qualified
under
the scale that staff is using internally.
Shanklin stated that Hospice has a $2 million budget, so they are not leaving them
stranded.
MOVED by Givens, SECOND by Warren to approve the funding suggested by Council member
Givens which totals $151,868. AYE: Jackson, Shanklin, Patton, Haywood, Warren, Shoemate,
Givens, Drewry. NAY: None. MOTION CARRIED.
MOVED by Givens, SECOND by Patton to approve Resolution No. 05-91 authorizing the Mayor
and City Clerk to execute the documents to submit the plan to the U.S. Department of HUD, to
execute the Grant Agreement upon receipt from HUD, and to execute all other documents, to
include signing subrecipient agreements, required by HUD to implements the CDBG and HOME
programs. AYE: Shanklin, Patton, Haywood, Warren, Shoemate, Givens, Drewry, Jackson.
NAY: None. MOTION CARRIED.
21. Hold public hearings and adopt resolutions declaring the
structures at: 8 NW 9
th Street, 510
SW Park Street, 2013 NW 24th Street, 1418 NW Sheridan Boulevard (Voluntary) 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: Four Resolutions.
8 NW 9th Street: Melissa Laycock, Neighborhood Services Supervisor,
presented photographs of
the property. She stated the property is in poor condition and is unoccupied. There have been
no
utilities since September 2003.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Shanklin, SECOND by Drewry, to approve Resolution No. 05-92 and declare the
structure at 8 NW 9th Street to be dilapidated and a public nuisance. AYE: Patton, Haywood,
Warren, Shoemate, Givens, Drewry, Jackson, Shanklin. NAY: None. MOTION CARRIED.
510 SW Park Street: Laycock presented photographs of the property. She stated the property
is
in poor condition and is unoccupied. There have been no utilities since September 2002.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Haywood, SECOND by Shanklin, to approve Resolution No. 05-93 and declare the
structure at 510 SW Park Street to be dilapidated and a public nuisance. AYE: Drewry, Jackson,
Shanklin, Patton, Haywood, Warren, Shoemate, Givens. NAY: None. MOTION CARRIED.
2013-2015 NW 24th Street: Laycock presented photographs of the property
which is a duplex that
was previously brought to the City Council in June 2004. Not all the owners or mortgage holders
were notified at that time. She stated the property is in poor condition and is unoccupied. There
have been no utilities since November 1994.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Shoemate, SECOND by Haywood, to approve Resolution No. 05-94 and declare the
structure at 2013-2015 NW 24th Street to be dilapidated and a public nuisance. AYE: Jackson,
Shanklin, Patton, Haywood, Warren, Shoemate, Givens, Drewry. NAY: None. MOTION
CARRIED.
1418 NW Sheridan Boulevard: Laycock presented photographs of the property. She stated this
is
voluntary and the owner wishes to have the property declared dilapidated to obtain the reduced
tipping fees. There have been no utilities since March 2005.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Shanklin, SECOND by Shoemate, to approve Resolution No. 05-95 and declare the
structure at 1418 NW Sheridan Boulevard to be dilapidated and a public nuisance. AYE:
Shanklin, Patton, Haywood, Warren, Shoemate, Givens, Drewry, Jackson. NAY: None.
MOTION CARRIED.
22. Consider an ordinance amending Section 2-3-1-301, Article
3-1, Chapter 2, Lawton City
Code, 1995, pertaining to Lakes and Lands Commission board member appointments by
amending the appointment procedure, providing for severability and effective date. Exhibits:
Ordinance No. 05-___.
MOVED by Givens, SECOND by Patton, to approve Ordinance No. 05-23, waive the reading of
the ordinance and read the title only. AYE: Patton, Haywood, Warren, Shoemate, Givens,
Drewry, Jackson, Shanklin. NAY: None. MOTION CARRIED.
(Title read by City Attorney) Ordinance
05-23
An ordinance pertaining to the Lakes and Land Commission amending Section 2-3-1-301,
Divisions 2-3-1, Article 2-3, Chapter 2, Lawton City Code, 1995, by permitting two of the
commission members to reside outside the cities limits within Comanche County, providing for
severability and an effective date.
23. Consider an ordinance amending, Section 19-1-111 B 9b,
Article 19-1, Chapter 19, Lawton
City Code, 1995, pertaining to adding regulation to govern primitive camping sites at the lakes by
amending the ordinance to add and include primitive camping, providing for severability and
effective date. Exhibits: Ordinance No. 05-___.
Kim Shahan, Parks and Recreation Director, stated in looking at the ordinance pertaining
to
camping regulations, there has never been an ordinance that states how many days someone can
stay in a primitive camping area, which constitutes tent camping not in a sheltered area. They
have had some instances in the past year where people have stayed for long periods of time.
Staff is recommending this ordinance be in line with the preferred camping site areas which
limit the camping season to 14 days.
Shoemate questioned how this will affect trailers.
Shahan said there are 14 and 21 day periods for trailers within this ordinance.
MOVED by Patton, SECOND by Drewry, to approve Ordinance No. 05-24, waive the reading
of the ordinance and read the title only. AYE: Haywood, Warren, Shoemate, Givens, Drewry,
Jackson, Patton. NAY: None. ABSENT: Shanklin. MOTION CARRIED.
(Title read by City Attorney) Ordinance
05-24
An ordinance pertaining to camping and boathouse regulations amending, Section 19-1-111,
Article 19-1, Chapter 19, Lawton City Code, 1995, by limiting the number of days a camper may
occupy a camp site in the primitive camping areas during a camping season, providing for
severability and an effective date.
24. Consider approving an ordinance amending Sections 10-1-102,
10-1-105, 10-1-107 and 10-1-108 Lawton City Code, 1995, relating to definitions, by providing for a
definition of a non-responsive vendor/contractor, amending the notice requirements, opening procedures
and award
procedures for bids, providing for severability and providing an effective date. Exhibits:
Ordinance No. 05-___.
Mayor Purcell stated he brought this ordinance forward which says that if anyone
within a period
of time has liquidated damages or does not perform on a contract the next time they bid on a
project within the next year will be declared non responsive. Their bid will not be opened, but
will be returned. This especially applies to those contractors on street projects. It is really
an
inconvenience to citizens when the project that was suppose to take three months ends up taking
nine months.
Patton questioned if twelve months is a long enough period that the contractor will
be unable to
bid on a project. He felt it should be a stiffer penalty, maybe two or three years.
Warren stated that a contractor could possibly still be working on a current project
for at least a
year on contracts they have already won.
Patton stated he would like to see the ordinance amended to state that a contractor
will be
suspended from his/her ability to bid on a City contract for a period of 36 months.
Vincent stated in section 6 under Definitions, he would amend the paragraph by removing
everywhere it stated twelve months and stated that the city would suspend a endor s/contractor
s ability to bid on City contracts for a period of thirty six months.
MOVED by Patton, SECOND by Givens, to approve Ordinance No. 05-25 as amended on the
floor, waive the reading of the ordinance and read the title only. AYE: Warren, Shoemate,
Givens, Drewry, Jackson, Shanklin, Patton, Haywood. NAY: None. MOTION CARRIED.
(Title read by City Attorney) Ordinance
05-25
An ordinance pertaining to finance and taxation amending sections 10-1-102, 10-1-105,
10-1-107
and 10-1-108, Article 10-1, Chapter 10, Lawton City Code, 1995, relating to definitions, notice
requirements and award procedures for bids, providing for severability and declaring an effective
date.
25. Consider approving a proposed sign matrix as recommended
by the Mayor s Sign
Committee, which outlines the proposed regulations for signs to be installed in the community.
Exhibits: Matrix of proposed sign regulations (sent under separate cover), Definitions for
proposed sign regulations (sent under separate cover), Chapter 15 proposed amendments (sent
under separate cover).
Jackson commended the committee for their work but requested a little more time to
look at the
recommendations. He is in business and feels that he represents some of the
business owners in
the community. He requested that this item be tabled to the next City Council meeting.
Givens stated that the City Council is not being asked to approve any ordinance tonight.
The is
just a report from the committee. The committee is requesting a general opinion from the City
Council so that they can start putting the information in writing. They do not want to spend
hours reducing the matrix if the Council as a whole opposes restrictions on signs. He stated the
whole idea started out to simplify what business owners may or may not do as far as signs are
concerned. The committee has been working on this information for seven months. The
committee was diverse with representatives from the City Council, Planning Commission,
Chamber, automobile dealerships and two representatives from sign companies. Everyone on
the committee is 100% on board with what is being presented.
Patton stated the committee represented a good cross section of the community and
there was a
lot of give and take.
Givens stated this committee started with the Mayor s concern over political
signs which they
still have not addressed. This current matrix just sets out different zoning classifications and
what kind of signs and size will be allowed. The recommendations are pretty liberal. This
ordinance will not prohibit any business from having a proper amount of signage to show where
they are and what they do. He stated the second task of the committee is to find a way to
abate
dilapidated signs. They are proposing that a public nuisance ordinance be amended to define
abandoned and dilapidated signs. This would allow the City to take care of these signs if the
owner refuses to take care of the situation. Staff does not have that ability at this time. Jackson
questioned if there was presently a sign ordinance.
Givens stated there is one, but it does not deal with dilapidated signs or the huge
billboards that
are coming up all over the city.
Drewry commended the committee and feels this a great step in cleaning up Lawton.
Mitchell questioned if the committee has addressed the double decker billboards.
Givens stated yes.
Mayor Purcell questioned what they will do with those that are already installed. Will those be
grandfathered in for a period of five years.
Givens stated the committee felt that the signs that were already up should stay
up. That could
be something the City Council could determine.
Mayor Purcell stated the committee needs to address political signs. He questioned
if there
would be a fine and who would be charged.
Debra Jones, Acting Planning Director, stated there are no limitations on the number
of political
signs as written. It does note that if a candidate fails to remove the signs after the election
period, the owner of the property is responsible. At that point, charges will be filed in municipal
court if the owner fails to remove the signs.
Mayor Purcell questioned why the city should spend their time and effort picking
up campaign
signs when there is absolutely no penalty for those who put them up. There needs to be some
way to enforce this ordinance.
Patton stated that the consensus of the committee is that it is not fair to the candidate.
Givens stated that essentially the committee thought this was a hard issue to deal
with, but they
will meet again to look at some additional language.
Warren stated that there are two alternatives that other cities use. One is
to prohibit campaign
signs completely, and the other is that there has to be a person holding the sign.
Mayor Purcell stated that other cities have solved this problem and we should be
able to research
this issue.
Jackson stated that in the last couple of years people have been better about picking
up campaign
signs.
Mayor Purcell stated that he is mainly talking about signs from national elections.
Jackson suggested notification to the candidates.
Givens stated they would meet again to talk about the issue.
Jackson stated that signs are very expensive, and there are a lot of areas they need
to look at
before they place restrictions on this community.
Mayor Purcell stated they would look at this item at the next meeting
26. Discuss City of Lawton s utilization of A
Child is Missing alert/awareness program and
take appropriate action if necessary. Exhibits: None
Warren stated that A Child is Missing is a program the provides a community
with the
resources to locate a missing child when it looks as thought there is no foul play. The police
would have the ability to call this organization, which is located in Florida, and provide them
with the information about the child. The organization uses software to dial approximately 1,000
homes per minute within a geographical area around the missing child s home, with a simple
message that the child is missing. There currently is an officer with the Lawton Police
Department who is trained in this program and will be signed up with the organization. They
also offer a sexual predator service when an individual registers with the Lawton Police
Department as a sexual offender, that information is funneled to this organization which makes
phone calls to the surrounding area. The program is an add on to what the state already requires.
Currently in the software offered by the police, there is a spreadsheet with only the name and
address. He would suggest that staff look into mapping software that allow an individual to go
to
the website and plug in an address which would show where the registered offenders live. This
is something that will give all residents the information they need.
MOVED by Warren, SECOND by Shanklin, to direct staff to look into purchasing the
appropriate software for the predator program. AYE: Patton, Haywood, Warren, Shoemate,
Givens, Drewry, Jackson, Shanklin. NAY: None. MOTION CARRIED.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
Mayor Purcell announced that Lawton has received an award from the National Association
of
Installation Developers. He thanked COL Herring and his staff for nominating Lawton.
Haywood suggested that staff send information on this award to the National League
of Cities.
Mayor reported the formation of the Mayor s Strategic Planning Task Force composed
of
Councilmember Janice Drewry (Chair), Tony Pokorny, Barbara Moeller, Ed Peterson and Tom
Rheinlander. The task force will look at what the city will look like in the next 25-30 years
and
how do we get there in terms of infrastructure. This task force will not require any staff time.
He asked that the task force report to the City Council within the next nine to twelve months.
The Mayor and Council convened in executive session at 7:50 p.m. and reconvened in
regular,
open session at 7:53 p.m. Roll call reflected all members present.
BUSINESS ITEMS: EXECUTIVE SESSION ITEMS
27. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss the pending tort claim of Juanita (Jane) P. Mireles, DC-2005-16, against the
City of Lawton, and if necessary, take appropriate action in open session. Exhibits: None.
Vincent read the title of Item 44 shown above. He said the Council was briefed
on the current
status of the case.
MOVED by Shanklin, SECOND by Patton, to deny the claim. AYE: Shoemate, Givens, Drewry,
Jackson, Shanklin, Patton, Haywood, Warren. NAY: None. MOTION CARRIED.
There being no further business to consider, the meeting adjourned at 7:55 p.m. upon
motion,
second and roll call vote.
JOHN
P. PURCELL, JR., MAYOR
ATTEST:
TRACI HUSHBECK, CITY CLERK