Month 2007-11 November
Meeting of 2007-11-27 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
27, 2007 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor John Purcell, Jr. Also Present:
Mitchell, City Manager
H. Vincent, City Attorney
Hushbeck, City Clerk
COL Robert Bridgford, Fort Sill Liaison
Mayor Purcell called the meeting to order at 6:03 p.m. Notice of meeting and agenda
on the City Hall notice board as required by law. Invocation was given by Pastor Gary Bender,
Bethlehem Baptist Church, followed by the Pledge of Allegiance.
Hanna, Ward Two
Janice Drewry, Ward Three
Robert Shanklin, Ward Five
Jeff Patton, Ward Six (Arrived @ 6:09 p.m.)
Haywood, Ward Seven
Warren, Ward Eight
Shoemate, Ward One
SISTER CITY 25
TH ANNIVERSARY PRESENTATION
Dr. Rose Lepien stated she was one out of a group of seven who visited our sister
ûllesheim, Germany in October to represent the city of Lawton and to celebrate the 25 year
relationship with our Sister City. She presented Mayor Purcell with a plaque, hat and chocolates.
PRESENTATION TO DEBBIE SELLERS, DISPATCHER IN WATER DISTRIBUTION,
FROM OKLAHOMA ONE-CALL SYSTEM.
Jerry West, Oklahoma One Call System, stated every year they make a presentation
volunteers who devote time to work events. He presented the Damage Prevention Council
Outstanding Individual award to Debbie Sellers.
John Blakey, 6915 SW Beta, stated on Monday the trash truck came by and took
his trash can
off of the grass and put it in his driveway, but they did not empty it. He stated he is
that we want the city to look nice, but we don t take care of the trash. City staff told him that
trash had to be in a bag, in a can. He questioned what the City Council was doing with Mid
Town Square. He stated it is an eye sore.
Vincent stated staff has filed a lawsuit on that case, they have hired an attorney
and filed an
answer and we are waiting for a court hearing.
Mr. Blakey stated the VVA works very hard to put the display in Elmer Thomas Park.
lights are off no one can go through it or see it. He assumes the VVA is not important in this
town. He questioned if someone could put in a path and lights so that they can see the memorial.
Kim Shahan, Parks and Recreation Director, stated this is a process and as they implement
plan in the park, they are evaluating the amount of car flow every night. He state as of tonight,
they have opened up that vain and people would be able to go to that area. The primary purpose
Linda Andrews, 503 SW I Avenue, requested a four way stop sign on the corner of 5
th and I
Avenue. She had a 13 year old boy hit by a car last night. She does not want to see
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR
MEETINGS OF SEPTEMBER 25 AND OCTOBER 23, 2007.
MOVED by Hanna, SECOND by Drewry, to approve the minutes of Lawton City Council
regular meetings of September 25 and October 23, 2007. AYE: Patton, Haywood, Warren,
Hanna, Drewry, Jackson, Shanklin. NAY: None. MOTION CARRIED.
CONSENT AGENDA: The following items are considered to be routine by the City Council
will be enacted with one motion. Should discussion be desired on an item, that item will be
removed from the Consent Agenda prior to action and considered separately.
Mayor Purcell stated they need to strike item #31.
Vincent requested item #10 be considered separately.
MOVED by Warren, SECOND by Drewry, to approve the Consent Agenda with the exception of
item #10. AYE: Haywood, Warren, Hanna, Drewry, Jackson, Shanklin, Patton. NAY:
1. Consider the following damage claims
recommended for approval and consider passage
of the resolution authorizing the City Attorney to file a friendly suit for the claims
are over $400.00: Luella C. Bostick in the reduced amount of $1,181.28
Heather L. and Robert G. Spencer in the amount of $35.42, Claude Davis Miggins in the amount
of $120.00, Jenna J. Rodrick in the amount of $225.00, Dionisio and Jaclyn Casas in the amount
of $2,057.00 (Resolution 07-151), and Misty Prudencio in the reduced amount of $4,143.79
(Resolution 07-152). Exhibits:
Legal Opinions/Recommendations, Resolution No.___, Resolution No.___ and Resolution
2. Consider ratifying the actions of the Lawton Water Authority
by approving an Amendment
to the Lease Agreement with the Lawton Boat Club, and authorize the Mayor and City Clerk to
execute the Amendment. Exhibits: Amendment No. 1 is on file at the City Clerk s Office.
3. Consider authorizing the City Attorney to accept the settlement
of Two Thousand and
No/100 Dollars ($2,000.00) for the City s subrogation interest in the personal injury case of
Kelly Ross. Exhibits: None.
4. Consider adopting a resolution approving the settlement
by a joint petition and making
payment in the pending workers' compensation claim of Roger Parks. Exhibits:
5. Acknowledge receipt of election returns of October 9, 2007. Exhibits: Official Certification
of Votes from Comanche County Election Board.
6. Consider approving the 2008 Notice of Meeting Schedule
for Lawton City Council Meetings
and Resolution 07-___ rescheduling the regularly scheduled meetings in November and
December, 2008. Exhibits: 2008 Notice of Meeting Schedule for Lawton City Council;
Resolution No. 07-154.
7. Consider approving the placement of a life size bronze
sculpture of Lauren Nelson, Miss
America 2007, inside the new city hall. Exhibits: Letter of request to place the bronze
in the new city hall.
8. Consider approving the first option to renew request from
Kent Waller in accordance with
Amendment No. 3 of the Ground Lease and Non-Exclusive Concession Operation agreement
between the Lawton Water Authority, Schoolhouse Slough, Inc., and the City of Lawton,
Oklahoma. Exhibits: Amendment NO. 3 of lease, Council Agenda December 10, 2002 and
Letter of request from Mr. Kent Waller to excise his first (1st) five (5) year
9. Consider approving Change Order #1 for the Lawton Public
Library Re-Roofing Project
#2004-15 with Metal Roof Contractors, Inc. Exhibits: None.
10. Consider authorizing a Resolution of Necessity for real
property acquisition for the North
Wolf Creek Expansion #3 Project. Exhibits: Resolution 07-___ and Location Map.
Vincent stated he received a telephone call from Ed Dzialo, who represents the Lawton
Club Board. Mr. Dzialo requested the opportunity to address the City Council
Mr. Dzialo stated he requested to speak to the City Council to suggest a better alternative
implementation of the sewer line across the country club. Since 1961
the City of Lawton has
had an easement across virtually the entire country club from east to west which contains a
sanitary sewer. The board of directors would like to cooperate in every possible way to
expedite, but they feel there is a better way to do this to minimize damages to the country club
and the City of Lawton. The City currently has a 20 foot easement and they wish to acquire an
additional 70 feet. The country club has suggested an alternative which consists of putting in
sewer line near the creek on the north side, following the driving range which will minimize the
economic consequences of placing it across the golf course. If they cross the entire golf course
they will affect the sprinkler system, electric lines and all of the fairways. They feel
alternative along the creek is a better option. He requested that the Council table this issue
allow him to continue working with staff to look at the options to minimize the impact on the
Shanklin stated he was going to pull this item. He questioned why we had to
have 90 feet.
Jerry Ihler, Public Works Director, stated the depth of the sewer line pipe is going
approximately 20 feet deep. They originally indicated that 20 feet would be temporary, so they
were looking at 70 feet permanent.
Shanklin questioned what Mr. Ihler meant by permanent? Can they not use any
of this land?
Ihler stated they can use every inch of it. It is an easement. They need
that much width to be
able to construct a 36-inch pipe.
Jackson questioned if Ihler had any problem with tabling this item or if he has any
Mr. Dzialo s statements.
Ihler stated their first concern was that they may not be able to do it and maintain
slope. In order to follow the north side of Wolf Creek, this adds an additional 400 feet of pipe.
He stated after they looked at the option, they would be able to physically meet the minimum
slope, however, the cost for the additional 400 feet of pipe, five additional man holes and rock
bedding will be in the neighborhood of $100,000.
Shanklin questioned when they were going to do this and how long will it take.
Ihler stated they had hoped to start the second week of December and they had anticipated
would take approximately 90 days to complete the project. If they go through the creek,
additional 400 feet will add another month to the project. The greatest concern of the sewer
rehab crew is that they need to stay far enough north on the north side of the channel so that they
are well off the tow of slope. The are concerned that they may be damaging three greens and two
tee boxes. They would like to stay away from the greens because that would be the most costly.
Shanklin questioned if they were going to start and finish or meet in the middle.
Ihler stated they will start at one end and go all the way across. He stated
they plan on covering
up at the end of each day. At most they would have two fairways at a time that may not be able
to be played. He stated another concern they had with the option along the creek is that they
would need to be removing many trees, and with the existing option they would only have to
remove two trees.
Shanklin questioned why the country club would have a problem with this. He
stated most of
this would be covered up within 30-40 days and it is in the winter time.
Mr. Dzialo stated that everyone agrees that this construction project will damage
the sprinkler systems, electrical to the sprinkler systems and cart paths. The path along the
is a much better idea. It may be more expensive, but he cannot calculate the amount of damages
to the country club when nine fairways are crossed and the sprinkler system is cut. It is going
happen. That needs to be factored in to the Council s decision on which way to proceed. Going
along the creek will not affect any green or tee boxes.
Shanklin questioned if we had to buy the right of way.
Vincent stated whether we work out a deal for what has been proposed on this or we
a condemnation, we would owe them damages. He stated if we do realign this down the creek,
he would like to look at the option of the country club donating the easement and not charging
Mr. Dzialo stated that would be a board decision, but consistent with his direction
board, they do want to cooperate with the City in getting this sewer line accomplished with
minimal impact or economic hardship for the country club and minimal damages to the City.
Patton suggested they table this and let the attorneys get together and see if they
can reach some
type of agreement.
Warren questioned if they needed to table this item to a certain date.
Vincent stated he will bring this back as soon as possible, but he is not sure of
the timetable for
the country club board meetings.
MOVED by Patton, SECOND by Jackson, to table. AYE: Warren, Hanna, Drewry, Jackson,
Shanklin, Patton, Haywood. NAY: None. MOTION CARRIED.
11. Consider adopting Street Light Resolution No. 454 to authorize
the installation of street
lights at the locations listed in the Resolution. Exhibits: Street Light Resolution No. 454.
12. Consider approving the construction plat for Wyatt Acres
Addition, Part 15, subject to
conditions. Exhibits: Plat Map.
13. Consider approving the construction plat for Regal Estates,
Part 6, subject to conditions.
Exhibits: Plat Map.
14. Consider approving the construction plat for Rolling Hills
Addition, Part 4, subject to
conditions. Exhibits: Plat Map.
15. Consider extending the contract
(CL07-012) Pest Control Services with Advanced Pest
& Termite Services of Sterling, OK. Exhibits: Department Recommendation, Price Sheet,
Contract Extension Form.
16. Consider extending the contract (CL07-008) Coagulant Aid
(Polymer) with Polydyne Inc of
Riceboro GA. Exhibits: Department Recommendation, Price Sheet, Contract Extension Form.
17. Consider awarding (CL08-016) In-Frame Rebuild of D-8 Caterpillar
Engine to CL Boyd Co
Inc. of Lawton, OK. Exhibits: Department recommendation, abstract of bids.
18. Consider extending the contract (CL06-009) Rental Equipment
with C L Boyd Company,
Inc. of Oklahoma City OK. Exhibits: Department Recommendation, Price Sheet, Contract
19. Consider extending the contract (CL06-005) VHF/UHF Portable
& VHF/UHF Mobile
Radio Equipment with Lawton Communications of Lawton, OK. Exhibits: Department
Recommendation, Price Sheet, Abstract of bids, Contract Extension Form.
20. Consider awarding (CL08-019) Powdered Activated Carbon
to F2 Industries of Smyrna,
TN. Exhibits: Department recommendation, abstract of bids.
21. Consider approving appointments to boards and commissions. Exhibits: None.
22. Consider approval of payroll for the periods of October
29 November 25, 2007.
23. Hold a public hearing and consider a resolution amending
the 2025 Land Use Plan from
Residential/Low Density to Residential/High Density and Commercial and an ordinance
changing the zoning from A-2 (Suburban District) and F (Floodplain District) to R-1 (Single-Family Dwelling
District), R-4 (High Density Apartment District), and C-4 (Tourist Commercial
District) zoning classification located at the north of SW Lee Boulevard, west of SW 52
Exhibits: Resolution No. 07-___, Ordinance No. 07-___ (as recommended by CPC), Ordinance
No. 07-___ (as requested), Location Map, Applications and CPC Minutes.
Richard Rogalski, Planning Director, stated this request is for approximately 86
acres of R-1
zoning, 7.12 acres of R-4 zoning, and 7.75 acres of C-4 zoning. The applicant,
Steve Rich, has
submitted a development sketch for this area, Park View Addition. The land
is owned by the
Commissioners of the Land Office. Mr. Keith Kuhlman, Director of Real
Commissioners of the Land Office, submitted a letter acknowledging that Mr. Rich
has the right
to request the rezoning. They have consented to this rezoning request.
The existing zoning of the area is primarily A-2 and there is large section of F,
floodplain. In this particular case there is not a FEMA floodplain on the site. In fact this channel
isn t even a primary channel, but it is zoned floodplain. The surrounding area is A-2 and
(Neighborhood Shopping Center District) to the north; A-2, C-1 (Local Commercial District),
and Planned Unit Development to the south; A-2, R-1, and C-1 to the east; and R-1 and A-2 to
the west. The land use of the surrounding area is vacant and miniwarehouses to the north; vacant
and Arvest Bank, Taco Mayo, Southwestern Medical Center, and medical offices to the south;
vacant, single-family residential, and medical offices across SW 52
nd Street to the east; and
single-family residential and vacant to the west.
On October 25, 2007, the City Planning Commission held a public hearing and reviewed
request. During the public hearing one person spoke in favor of the request and one person
spoke against the request. The CPC, by a vote of 9 0, recommended approval of amending
2025 Land Use Plan as requested and changing the zoning to R-1 and R-4 as requested; however,
the Commission recommended C-2 zoning instead of C-4 zoning for the following reasons:
1) The proposed use stated in the application is planned shopping center,
2) Even though the
applicant stated the plan was to remove the existing billboards and construct one new billboard,
the CPC is not in favor of additional billboards, 3) The CPC believes the uses permitted in C-4
would not be compatible with the existing and proposed residential, and the CPC realizes that
ownership of the land may change and even though the only C-4 use proposed was a billboard,
any future owner could establish any of the uses permitted in C-4 and 4) C-4 is the Tourist
Commercial District, and this section of Lee Boulevard is not a tourist area.
This request, regardless of C-2 or C-4, does require a land use plan amendment. The
Use Plan designates this land as Residential/Low Density.
Notice of public hearing was mailed on November 6, 2007 to 91 property owners within
of the requested area, and proper notice was published in
The Lawton Constitution on November
11, 2007. One call against the request has been received. Staff has received a petition against
this rezoning. The petition is signed primarily by the residents of the adjacent subdivision along
60th Street. He stated there are 36 names on the petition. Per code, the requirement
for the 3/4ths
majority has to do with the area of the land that is in the 300 foot designated area. The majority
of the area of this land is actually owned by the Commissioners of the Land Office. This petition
does not meet the requirement for a 3/4ths majority.
Drewry stated she went out and looked at that land today and the land is so much
higher than the
residential area. What will we do about flood control?
Rogalski stated the majority of the property does drain into the existing swell that
goes in the
middle. A large culvert crosses the road. This project would be required to meet the detention
ordinance and therefore detention would be required on all offsite releases.
Drewry questioned how they would get in and out of the subdivision.
Rogalski stated there are a number of roadways planned. There are two existing
that correspond with the zone lines. As part of the master plan they do show connections to 60
Street. The City would normally require connections to adjacent properties. On this project
streets were not built on the rights of way because there is a channel in the middle of that right of
way. He stated we do encourage indirect connectivity meaning you can get there if there is an
emergency, but it is not the easiest way to get there, therefore you don t have a lot of people
trying to funnel through the subdivision. He would think that the majority of people that live
the subdivision are going to go directly south to Lee Boulevard or over to 52nd Street. He
not think that either of these would be considered short cuts for the majority of the property
Haywood questioned if there was going to be two cuts on Lee or one cut.
Rogalski stated currently there are two roads planned on Lee Boulevard. Those
are already areas
where the access limitation was set aside. They align with the streets on the south side of Lee
Hanna questioned if there were any accesses on 52
Rogalski stated yes, they would require access in that direction.
Hanna stated most of the complaints he has received is that citizens are worried
about cars going
through the residential off 60
th Street. That is a pretty dense area.
Rogalski stated he does not like any cut through traffic. As they design these
try to urge the designers to arrange in such a way that discourages cut through traffic. In this
case, as traffic comes to the south they would either turn or come straight down to Lee
Hanna questioned why they could not go down 52
Rogalski stated they could also cut through and go to 52
Drewry stated that 60
th Street is very narrow and there are lots of kids.
Rogalski stated the access requirements are really part of the subdivision and not
really part of
this zoning request. He stated there is some sensitivity to this issue and staff will require
connect. Both CPC and City Council approve plats and they are the ultimate authority on where
these roads will go. He stated they can talk with the developer and the neighbors. He stated
liked the design of the subdivision in such that the through streets do prevent people from
wanting to go through there.
Mayor Purcell stated that the City Council has the final authority to insist that
some at some
point in time there be an access.
Warren stated he is going to support what the citizens in that subdivision are asking
for, but they
need to understand that the road issue and the rezoning are two completely separate issues and he
does not want to confuse the rezoning with the street issue. At some time they will approve the
plat. The roads do not affect the rezoning. This petition is letting the developer know
is a large opposition to those roads and possibly the developer will figure out a different way to
do this rather than fight this battle. He would like to make the project happen, but we need to
protect he citizens.
Drewry stated that is why this discussion is important, so that everyone knows where
coming from. She would like to protect the residents that are already there.
Warren stated that he does not want people thinking that if they do not rezone this,
PUBLIC HEARING OPENED.
Mike Langford, 926 SW 60
th Street, stated initially the residents did not want the rezoning, but
after talking with several city council members they understand that Lawton has to grow. The
issue they have is the two roads they are talking about. He stated the Brookline Road, the north
road, where the cut is for drainage, that is a straight shot all the way to 67th . He
can see the
residents from that area taking that straight shot to go all the way to 67th. He stated
there is only
one exit onto Lee from that Lee West Addition. This would add more traffic to that west side.
They are opposed to the roads going in to cause more traffic. He stated the other issue
When they get a lot of rain there is water standing in their yards. He stated they get a
Mayor Purcell stated we do have a retention and detention policy which could help
flooding problem the residents are currently experiencing.
Steve Rich, project developer, stated in the area where the church will go, their
is off of Lee Boulevard. He stated the access from the proposed development over into the
development to the west, there has been a lot of input. They would not like to tie this
development in with that, but for fire safety, the engineers are saying this needs to happen to
make it flow better. He stated he is not an engineer and Landmark Engineering is taking care of
all of this along with working with Mr. Rogalski. He stated whatever the City Council decides
what they will do as far as the placement of the streets. He stated there will be several points
ingress and egress, so he cannot see much traffic going through on 61
st Street. It is not very
feasible in his mind.
Haywood questioned how many houses would be built.
Mr. Rich stated approximately 300.
PUBLIC HEARING CLOSED.
Mayor Purcell stated that there are two options for the ordinance. One is to
rezone the property
C-2, which is the recommendation of the City Planning Commission, and the other option is for
Rogalski stated the original request was for C-4. He stated the City Planning
the staff is recommending C-2.
MOVED by Warren, SECOND by Jackson, to adopt Resolution 07-155 and Ordinance 07-61,
changing the zoning from A-2 and F to R-1, R-4, and C-2 zoning classification, waive the reading
of the ordinance, read the title only. AYE: Hanna, Drewry, Jackson, Shanklin, Patton, Haywood,
Warren. NAY: None. MOTION CARRIED.
(Title read by City Attorney) Ordinance
An ordinance changing the zoning classification from the existing classification
(Suburban District) and F (Floodplain District) to R-1 (Single-Family Dwelling District), R-4
(High Density Apartment District), and C-2 (Planned Neighborhood Shopping Center District)
zoning classification on the tracts of land that is approximately the NW corner of SW 52
Lee Boulevard, which are hereinafter more particularly described in sections one (1), two (2),
and three (3) hereof; authorizing changes to be made upon the official zoning map in accordance
with this ordinance.
24. Hold a public hearing and consider an ordinance changing
the zoning from R-3 (Multiple-Family Dwelling District) to R-4 (High Density Apartment District) zoning
at 2412 2424 SW G Avenue. Exhibits: Ordinance No. 07-___, Location Map, Site Plan,
Application and CPC Minutes.
Rogalski stated this request is for Lots 11 18, Block 7, Sunset Place
Addition which measure
200 feet by 137 feet (27,400 square feet). The proposed use is a 16-unit multiple-family
apartment complex. The applicant is Dale Pulrang. The zoning of the surrounding area
(Restricted Manufacturing and Warehouse District) and C-2 (Neighborhood Shopping Center
District) to the north, R-3 to the south and east, and R-3 and R-4 to the west. The land use of
surrounding area is Co-op Services and railroad tracks to the north and single-family residential
to the south, east, and west. The 2025 Land Use Plan designates these lots as Residential/High
Density. The applicant wants to construct 16 apartment units. The density provided
in R-3 for
these lots would allow only 12 units.
On October 25, 2007, the City Planning Commission held a public hearing on this request. No
one spoke for or against the request during the public hearing, but it was noted that one person
had contacted the chairman and staff opposing the request. The CPC, by a vote of 8 0
recommended approval of the rezoning to the City Council. Notice of public hearing was mailed
on November 6, 2007 to 35 property owners within 300 feet of the requested area, and proper
notice was published in
The Lawton Constitution on November 11, 2007.
Shanklin questioned why we would only let him have 12 units when he requested 16.
Rogalski stated the current zoning of R-3 is multi-family, but it would only allow
12 units based
on the area of the lots he owns. The R-4 zoning would allow all 16 he requested. That is why he
has requested the rezoning.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Shanklin, SECOND by Haywood, to adopt 0rdinance 07-62, waive the reading of
the ordinance, read the title only. AYE: Hanna, Drewry, Jackson, Shanklin, Patton, Haywood,
Warren. NAY: None. MOTION CARRIED.
(Title read by City Attorney) Ordinance
An ordinance changing the zoning classification from the existing classification
(Multiple-Family Dwelling District) to R-4 (High Density Apartment District) zoning
classification on the tract of land which is hereinafter more particularly described in section one
(1) hereof; authorizing changes to be made upon the official zoning map in accordance with this
25. Hold a public hearing and consider an ordinance closing
the 800 block of NW 40
located in Heinz Addition, Part 8. Exhibits: Ordinance No. 07-___, Application, Location Map
and Council Policy 5-1.
Rogalski stated an Application for Closing of Public Way or Easement has been submitted
Lawton Baptist Tabernacle to close the portion of NW 40
th Street located in Heinz Addition, Part
8. Heinz Addition, Part 8, was platted in 1973 but was never constructed. It is the intent
applicant to have the plat vacated. The plat contains four single-family residential lots. The
proposed use of the land is a townhouse development. The applicant intends to petition district
court to vacate this right-of-way upon a successful closure ordinance by the City Council.
On October 23, 2007, the City Council set the date of November 27, 2007 to hold a
hearing and consider this request. Notice was mailed on October 26, 2007, to 46 property
owners, and proper notice was published in
The Lawton Constitution on November 11, 2007.
The utility companies were notified of the request on September 27, 2007. No objections
Rogalski stated there would be significant cut through traffic on this roadway, so
it would impact
the owners of the property in this area. In this case it is probably best not to extend the roadway.
They have told the applicant that rather than leave a dead end street, staff would require them
build a hammer head turn around, which is the smallest turn around you can actually turn a fire
truck. He did run this by the fire department and they feel this would be applicable since a
sufficient road for a cul-de-sac is not available. The applicant does intend to rezone and develop
Drewry stated that to open that road would be a disaster. There is so much
traffic now on
Meadowbrook and 40
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Drewry, SECOND by Warren, to adopt 0rdinance 07-63, waive the reading of the
ordinance, read the title only. AYE: Drewry, Jackson, Shanklin, Patton, Haywood, Warren,
Hanna. NAY: None. MOTION CARRIED.
(Title read by City Attorney) Ordinance
An ordinance closing a portion of NW 40
th street right-of-way located in the 800 block of NW
40th, Heinz addition, part 8, more particularly described in section one of the ordinance.
26. Receive the semi-annual update of the hotel/motel tax
funded activities for FY 2007-2008.
Dana Davis, President of Lawton Fort Sill Chamber of Commerce, introduced Dr. Sylvia
Burgess, Chairman of the Chamber Board. He stated that notebooks were distributed to each
councilmember before the meeting. He encouraged everyone to review the information and give
him a call if anyone had any questions. He stated they have been seeking to fill the vacant
position of Economic Development Director and have employed a professional search firm to
conduct a national search. Hopefully they will have someone within 90 days. He stated
BRAC will have a significant impact on this community and they are out there talking with
defense contractors trying to encourage them that they need to be here as well. He stated
problem is trying to figure out the timeline of BRAC since it is still a moving target. He
they are also concerned about our labor supply which continues to be an issue for Lawton. They
are working on some concepts that will increase the labor supply here in Lawton. He stated they
are talking with ASCOG about the possibility of a grant to hold job fairs outside of SW
Oklahoma. They have had meeting with the Strategic Planning Office at Fort Bliss to market
Lawton-Fort Sill to the civilian workforce. They need to make sure that qualified people from
around the country are willing to move to Lawton. He stated a list of active projects is provided
in the notebook. With regards to the BAE project, the Lawton Industrial Foundation
responsibility of constructing that facility at the Fort Sill Industrial Park and they are moving that
process forward. They have received statements of qualifications from architectural firms and
have put together a task force that will be reviewing and conducting interviews the second week
of December. Their goal is to have an architectural firm identified by the end of the year and
working by the middle of January. They hope to have an opening in the fall of 2009. He stated
they are very happy to have jet service from Delta starting in March. He stated the Military
Affairs Committee has sponsored farewell ceremonies and hosted an event for representatives
from NATO countries. Participation at Co-op events have increased. They have also
implemented new point of contact meetings for the Co-op program which they plan on holding
quarterly to make sure that the units at Fort Sill and businesses are communicating. Legislative
Affairs Committee has issued a legislative survey and the results will be back this week. He
stated the Washington D.C. trip is scheduled for April 28
th 30th. They have provided a
comprehensive community wide image campaign. This includes bus benches, billboard and
airport signage. They have encouraged businesses to use this logo in their advertising.
Patton stated he had a constituent call and ask him if the Chamber advertised with
Mr. Davis stated he does not recall ever advertising in that publication. He
stated they will look
27. Consider approving a thirty (30) foot wide Permanent Easement
across City owned
property at Lake Ellsworth and authorize the Mayor and City Clerk to execute the Permanent
Easement. Exhibits: Request Letter, Aerial Photo of Proposed Easement, Permanent
Order of De-annexation and Grant of License.
Vincent stated that the Caddo County Rural Water District #3, which services the
surrounding Lake Ellsworth on the east and south, has requested from the City of Lawton two
easements to provide potable water to the VA cemetery. Right now the City of Lawton furnishes
the irrigation water through a connection to the 42-inch coming out of the Ellsworth area. In
negotiating with them he was able to get a service area map for Caddo County Rural Water
District #3 which includes the Fort Sill Industrial Park. They do not have the capability of
servicing the new plant that was previously talked about by Mr. Davis. He stated staff proposed
that if the water district de-annexed this area and in turn give the City of Lawton the service
rights, we would provide them the easements. Their Board of Directors has de-annexed the area
and this has been approved by the Caddo County Board of Commissioners and we do have a
letter giving us the right to service the area. He feels this is an excellent opportunity for
of Lawton to help the City of Elgin. He stated we also did receive an easement along the Fort
Sill boundary if we have to bring water up to Elgin.
Shanklin questioned where this source of water originates.
Vincent stated the water comes from wells in Caddo County.
Shanklin stated there is a big lake in that area.
Vincent stated he does not know if they get water from Fort Cobb or not. He
stated he would
like to thank the Caddo County Commissioners and the Caddo County Rural Water District #3
Board of Directors for working with us to make this happen.
MOVED by Warren, SECOND by Jackson, to approve a thirty (30) foot wide Permanent
Easement across City owned property at Lake Ellsworth and authorize the Mayor and City Clerk
to execute the Permanent Easement. AYE: Jackson, Shanklin, Patton, Haywood, Warren,
Drewry. ABSENT: Hanna. NAY: None. MOTION CARRIED.
Mitchell stated he would like to thank John Vincent who worked very hard on this
will give us a long term water solution to our friends in Elgin. This is a big step for both the
of Lawton and the City of Elgin.
28. Consider waiving Council Policy 1-6, and if approved,
reconsider the naming of S.W. G
Avenue from 3rd Street to 6th Street to Dr. Joe R. Williams, Sr. Avenue and if renamed back to
S.W. G Avenue, approve the dedication of S.W. G Avenue from 3rd Street to 6th Street in honor
of Dr. Joe R. Williams, Sr. Exhibits: Minutes from Lawton City Council meeting of May 8,
Mayor Purcell stated the first order of business would be to waive Council Policy
MOVED by Drewry, SECOND by Warren, to waive Council Policy 1-6. AYE: Shanklin,
Patton, Warren, Drewry, Jackson. ABSENT: Hanna. NAY: Haywood. MOTION CARRIED.
Mayor Purcell distributed photographs of the VFW Way dedicated street. He stated
remains the same and there is a large sign underneath that says VFW Way. He stated
how it would look if they dedicated a street.
Warren stated the reason he asked that they reconsider this is not simply for the
fact that the
street was renamed, his issue is that the normal process they would use to rename a street was not
followed in this instance. Normally they would agenda an item to rename a street and Parks &
Recreation Department would send out a notice to individuals who live within 300 feet of the
affected area and they would be put on notice that this was on the agenda. He stated the City
Council would then pass a resolution changing the name. He stated on the name change in
question they did not do any of this. Basically, they agended an item to dedicate a street and
at the meeting they renamed the street without notifying anyone that lived on that street. Those
residents did not have any input in the process and they were not treated the way they should be
Mayor Purcell stated they never did pass a resolution to rename the street so it
is not official. He
stated they need to do something to fix the overall problem.
Haywood stated it is at the courthouse.
Mayor Purcell stated they were never given anything. He does not know how it
Haywood stated the VFW Way dedication was done on January 25, 2000. When they
there was a substitute motion by Devine. He voted no. They have to be consistent with what they
are doing. He thought those particular individuals deserve that particular street because they
fought in World War I, II, Korean War, Vietnam War, etc. He stated the vote was 4-4 and the
Mayor voted yes. He does not want to get into it with Councilmember Warren. He stated
is 640 miles of streets in the city of Lawton. In Lawton View they have Jesse Davenport which
is one mile, N.H. Jones which is seven blocks, Dr. Whitlow is eleven blocks, so that come out to
be 2.5 miles in Lawton View. Then there is Albert Johnson which is four blocks, Dr. L.K. Jones
which is four blocks, George Washington Carver which is five blocks and Patterson which is one
block. This comes out to be 1.3 miles. All together you have 3.8 miles. He stated
that is 640
miles versus 3.8 miles of streets being names after African-Americans. He stated if they add Dr.
Joe R. Williams, Sr., that would be 4.2 miles. He stated that is a bad disparity. He
requested on May 8
th to not designate this street. He is not going ever going to support a
dedication sign for anyone. He will never recommend a dedication. He stated if this one
done right, it was not the fault of the group that requested. He stated the parents came in from
Mississippi and they had a ceremony. He stated he has no ill feelings for those people on G
Avenue. At that time they had three residences between 5th and 6th Streets. He stated Mr.
Jensen owned lots 3, 4, 5 and 6. Kirk s Ambulance Service they own the majority with 27
lots. The church owns about 7 lots and they are getting ready to buy 4 more lots. The church
after school programs and they are doing a lot of things that others need to be doing in their
community. He is very proud of them. He stated the reason he fought for this is because
have two more streets to name. They talk about doing
what is right and they need to be consistent on what they do.
Shanklin questioned if Councilmember Haywood did not like the way the VFW Way
dedication sign looked.
Haywood stated that he did not like the way it looked. He stated he would
like it if the sign was
at the top.
Shanklin clarified that the VFW Way sign should be on top.
Haywood stated yes.
Mayor Purcell stated that is still a dedication. They could put the bigger
sign on top.
Haywood stated it is wrong to go back.
Joe Williams, Jr., 6708 SW Embassy Circle, stated they went through the appropriate
and met with the Parks and Recreation Commission and they said they would recommend the
dedication. Based on this information, they do not feel they should be punished for something
that is outside of their purvue. He stated it has even been recognized by Oklahoma State
Legislators that the street has been renamed through phone calls, emails and a citation. It has
also been changed by the post office. They feel it would be a waste of time and money to go
back and change something that has already been done. They requested that the City Council
initial decision stand. He read a letter from Dr. Williams.
Annalea Davis, 4605 SW Cherokee Avenue, stated they have a small family business
Avenue and they will be required to go back and change all of their advertisements. They were
not notified of this change. They did not know of the change until the street signs went up. She
stated that Dr. Williams does deserve the dedication, but she would request that they leave the
street named G Avenue. There would be a lot of unnecessary expense on the 14 businesses on G
Haywood stated that Ms. Davis leases the property.
Richard Jensen, 1001 Arlington, stated it does not matter whether they own or lease
He feels it needs to go back to G Avenue. He has no problem with a dedication.
Shanklin questioned if it would bother Mr. Jensen if the dedication sign goes above
Mr. Jensen stated it would not bother him at all.
Haywood stated they he went to Mr. Jensen s business and he had no address
He stated he advertises nationally in magazines.
Warren stated this is nothing personal, but a dedication simply provides the same
honor as a renaming, but it allows those who have businesses or residences on that street, the
ability to not have to change their address. He stated they can put a plaque three times
of the street sign, he does not care what it looks like. The honor is in the dedication.
Haywood stated there is Dr. Martin Luther King out on I-44. He questioned
if that was a
dedication or a renaming.
Mayor Purcell stated that is a state highway and probably is a dedication.
Haywood stated the dedication name is never mentioned.
Drewry stated she does not have a problem when they name new streets, but she does
problem when they change existing streets.
MOVED by Warren SECOND by Drewry, to leave the street name as S.W. G Avenue and
dedicate S.W. G Avenue from 3rd Street to 6th in honor of Dr. Joe R. Williams, Sr. AYE:
Patton, Warren, Hanna, Drewry, Jackson, Shanklin. NAY: Haywood. MOTION CARRIED.
29. Consider an ordinance adding Section 2-5-1-502, Division
2-5-1, Article 2-5, Chapter 2,
Lawton City Code, 2005, by establishing guidelines for renaming of public streets and honorary
designation of streets, providing for severability, codification and establishing an effective date.
Exhibits: Ordinance 2007-___.
Haywood stated he requested staff to bring back an ordinance so that the City Council
either say yes or no to naming a street or a building. He does not feel they should just
discontinue it. They should have the opportunity to rename the street and let the City Council
Vincent stated section 502 has two parts. The first part is a formal renaming
of the street which
includes data about the person and notice to all of the property owners on the street affected by
the renaming. The second part is the honorary designation of the street and it also sets up the
process. If this ordinance does pass, they will not have to vote on the next item.
Mayor Purcell stated at the last meeting the City Council directed staff to either
bring back an
ordinance that says they will no longer rename streets and one that will rename streets.
Vincent stated the direction from Councilmember Haywood is to establish a formal
renaming and a process for designation. Councilmember Warren s item, which is the next item,
does not allow renaming.
Haywood stated another Council could come in and repeal a name.
Mayor Purcell stated they could not if they do not allow for renaming. The
Council needs to
decide tonight either way what they want to do. Some future Council can change the ordinance.
He stated they have a big mess right now.
Haywood stated that this ordinance states that everyone has to be notified before
a street can be
MOVED by Haywood, SECOND by Shanklin, to adopt Ordinance 07-64, waive the reading of
the ordinance, read the title only and establish an effective date. AYE: Haywood, Hanna,
Shanklin. NAY: Warren, Drewry, Jackson, Patton. MOTION FAILED.
30. Consider an ordinance adding Section 2-5-1-502, Division
2-5-1, Article 2-5, Chapter 2,
Lawton City Code, 2005, by establishing guidelines for the honorary designation of a street,
providing for severability, codification and establish an effective date. Exhibits: Ordinance
MOVED by Warren, SECOND by Shanklin, to adopt Ordinance 07-64, waive the reading of the
ordinance, read the title only and establish an effective date. AYE: Warren, Hanna, Drewry,
Jackson, Shanklin, Patton. NAY: Haywood. MOTION CARRIED.
(Title read by City Attorney) Ordinance
An ordinance pertaining to administration adding Section 2-5-1-502, Division 2-5-1,
Chapter 2, Lawton City Code, 2005, by establishing guidelines for the honorary dedication of a
street, providing for severability, codification and establish an effective date.
31. Consider accepting Vision 2030 as presented by the Mayor
s Strategic Direction Task
Force. Exhibits: None.
THIS ITEM WAS STRICKEN FROM THE AGENDA.
32. Receive an update on the TIF District. Exhibits:
Shanklin questioned if anyone has been told they would be receiving X
number of dollars for
their property and have they signed for it. He knows they have not been paid because it comes
through the City Council. He questioned if that was correct.
Mitchell stated that was not correct.
Shanklin questioned if they had to approve this.
Mitchell stated no.
Shanklin stated he has lied to a bunch.
Mayor Purcell stated this belongs to the Lawton Urban Renewal Authority (LURA).
Mitchell stated he has a handout that should help.
Shanklin stated he knew there was a clandestine effort somewhere. He stated
Mitchell is in
charge of every one of them.
Mitchell stated this Council passed a memorandum of understanding between the LURA,
Lawton Economic Development Authority (LEDA) and the City of Lawton. He stated LURA is
responsible for the acquisition of property. The LEDA is responsible for project
management/project development and the City Council must approve any financing that goes
into that downtown redevelopment project.
Shanklin questioned why they would do that if they don t have any say so in
the rest of it.
Mitchell stated by state statute, the city is the only body that can obligate the
city to debt. He
distributed the first annual report that is required under the state statute for TIF district that
reports the contributions made through sales tax and ad valorem tax. He stated the contributions
made through sales tax and ad valorem. He stated the property values in that TIF district
first year dropped by $666,000 which is not unusual. That is the reason you establish a TIF
district because the property values within your TIF boundaries are declining. You are trying
reverse the decline in property values. He also distributed a monthly status report which shows
the status of the acquisition of property. He stated earlier in the year the City Council
approved a letter of credit from three local banks.
Shanklin stated that is why he thought the City Council had something to do with
it. He stated
they approved the borrowing, but they don t know where it was put.
Mitchell stated there are two members of the City Council that sit on LEDA, Councilmembers
Patton and Drewry. Those meetings are public and posted.
Shanklin stated he is only privy if he comes to the meetings. He does not get
a synopsis of what
has been done.
Mitchell stated he can provide a copy of the report.
Shanklin stated he wants to see who gets what.
Jackson stated he gets questions from the public as to how long this is going to
Mitchell stated it is happening right now. They issued an RFP in early spring. The LURA
retained The Pinnacle Group to act as the land agent for acquiring the properties. They can see
by the activity on the report that there are 19 purchase agreements signed and 41 offers made.
He stated there is a total of 103 parcels.
Shanklin stated let s keep it as clandestine as they can because the taxpayers
should not know
Mitchell stated there were five public hearings when the TIF district was established. He stated
part of the reason the process slowed down is because of the delay in the Section 108 loan
application from HUD. The loan application is tied up in Washington, D. C. because Congress
has not passed the budget for this year and that loan approval will not be released until Congress
approves a federal budget. He stated half of the BEDI money could be used to acquire
properties. Without the release of this money they cannot make offers on some of these
Haywood stated that he thought this was dealing with the street.
Mitchell stated it does. That is what makes it complicated. The section
108 loan was for 2
Street. The BEDI grant was for the loan guarantee ($500,000) and to acquire properties
($500,000), and primarily properties that have some kind of environmental issues.
Haywood stated a lot of people are not going to accept the money they are being offered.
questioned if they would end up in court.
Mitchell stated that decision has not been made yet. The LURA stated in the
public hearings that
they would start out acquiring vacant and residential properties because a lot of those properties
have been vacant for a very long time. They were going to see how many offers would be
accepted and at some point determine if they would move forward.
Haywood stated a lot of people are waiting to see if a certain commercial property
on Ferris is
Mitchell stated an appraisal and offer has been made on that commercial property,
but it has not
been accepted yet.
Shanklin stated they will not know what offers are being made on the properties. He questioned
who would be able to see that information.
Mitchell stated the LURA approves the appraisals and have retained Pinnacle Group
to make the
offers and work with the property owners.
Haywood stated he knows what some of the offers are already because people have called
Patton questioned if the property owners get to see the appraisal or do they just
see the offer.
Mitchell stated the property owners get the offer, but they can request a copy of
Haywood stated that some of them have not been privy to those appraisals.
Mitchell stated they must not have requested to see the appraisal or they have not
Haywood stated he will make them aware of it.
Shanklin questioned if the City Council has anything to do with 2
nd Street anymore.
Mitchell stated that 2
nd Street is the Council s project. The final plans were submitted to the
Department of Transportation and we are waiting for the release of the Section 108 loan. Once
that is released staff will come back to the City Council with a final set of plans and the contract
will be awarded.
Shanklin stated the Council does not have any control over the group that wants to
Mitchell stated that is LEDA is negotiating now with the development company. They
making significant progress.
Jackson stated he likes to idea of the purchasing of this property not being a political
game. He likes the decision that the Council made several years ago and he feels that the hiring
of Pinnacle, who is a business group that is non-political, will do this in a professional manner.
He stated there will be disagreements over the amount of money offered and requested
but this is
the way the process works. He would hate to see the City Council become involved in this
Haywood stated he does not want anyone mistreated or taken advantage of. He
stated some have
asked for their appraisals but have not gotten to see them.
Shanklin questioned what they were trying to do on the south side of Gore. Have
with any of those business owners?
Mitchell stated yes.
Mayor Purcell stated this is the same information they were briefed on a couple of
He stated they passed this in front of this Council.
Shanklin stated in the back of his mind he always thought the Council would be the
final say so
on what people were going to get paid.
Mitchell stated no.
Drewry stated if Councilmember Shanklin had questions he should attend one of the
meetings. She does not feel they should have a problem with any of the decisions being made
by those board members.
Mitchell stated he has talked with people on the south side of 2
nd and Gore but it had nothing to
do with the twelve blocks, the LURA, LEDA or the City of Lawton. There are developers that
come into the city every single day. They come to the City of Lawton and the Chamber of
Commerce. He has had real estate people from Dallas, Houston, Oklahoma City, Kansas City,
St. Louis, Minnesota, Nashville and California talking about what the City might or might not do.
He state there is a lot of interest percolating.
Shanklin stated he read that the D-6 area was just not big enough for the developer
and they also
wanted the south side.
Mitchell stated that is part of the discussion LEDA is having. He stated Rural
and Rural out of
Iowa submitted a concept plan that was twice the size of the proposed area. The developer came
back with a revised plan that moved the project to the west. This is just the developer
Shanklin stated he wanted to clarify that from day one he was not going to have any
this. He did not know that the Council would be excluded from what was going on. He
questioned if there were minutes from these meetings.
Mitchell stated yes.
Jackson stated he wanted to know what was going on so he went to a couple of the
talked with the Chairman of LURA.
Shanklin stated the point is that they should be told.
Haywood requested a copy of the minutes.
33. Consider an ordinance amending Sections 22-2-2-221, 22-2-2-222,
22-2-2-225, and 22-2-2-226, Lawton City Code, regarding water system lease-purchase agreement requirements
procedures, and Sections 22-3-14-390, 22-3-14-391, 22-3-14-393 and 22-3-14-394, Lawton City
Code, regarding sanitary sewer system lease-purchase agreement requirements and procedures
and declaring an emergency. Exhibits: Ordinance No. 07-___.
Rogalski stated that recently the City Council approved the first couple of lease-purchase
As staff prepared the contracts they did notice that there were some areas that
needed clarification and some issues they wanted to resolve. This ordinance revises that section
of the code. He stated when it was set up there was an interest rate of 6% applied to the
of the lease-purchase agreement. He stated the money comes in from a tie on and the City takes
that money and sends it to the developer, but there is no guarantee when those tie-ons will
happen and for how much. The code originally paid interest which will compound. The Finance
Director felt that this would create a very large amount of debt for the City. The potential
liability is still there. The interest could create too many problems for the City. He stated
language was changed due to liability issues.
Shanklin questioned if this was concocted upstairs.
Vincent stated this was developed by a Council committee along with some developers
together a lease-purchase agreement to do away with what they used to call a payback system.
Shanklin stated he does not know why they would pass something that would come back
them like the 2025 plan and the 2050 plan. If anyone thinks that a plan will be in tact in 2050
Warren stated this has been in place.
Rogalski stated these are just minor modifications to the lease purchase agreement
currently in the code.
Mayor Purcell stated they are only changing a few words.
Shanklin stated he did not read it, it was too complicated. He asked how long
we have had this.
Vincent stated about five years. It replaced the old payback system. He
stated the first
application was approved two meetings ago for The Oaks development on SW 52
nd Street. There
are three that have been passed.
MOVED by Warren, SECOND by Drewry, to adopt Ordinance 07-65, waive the reading of the
ordinance, read the title only and declare an emergency. AYE: Hanna, Drewry, Jackson,
Shanklin, Patton, Haywood, Warren. NAY: None. MOTION CARRIED.
(Title read by City Attorney) Ordinance
An ordinance pertaining to utilities amending Sections 22-2-2-221, 22-2-2-222, 22-2-2-225,
22-2-2-226, Division 22-2-2, Article 22-2, Chapter 22, Lawton City Code, 2005, by amending
water system lease-purchase agreement requirements and procedures and Sections 22-3-14-390,
22-3-14-391, 22-3-14-393, and 22-3-14-394, Division 22-3-14, Article 22-3, Chapter 22, Lawton
City Code, 2005, by amending sanitary sewer system lease-purchase agreement requirements and
procedures, providing for severability and declaring an emergency.
34. Consider accepting the recommendation of the Lawton Impact
Fee Committee and
authorize the City of Lawton to proceed with the required engineering, easement acquisition, and
construction of a sewer line extension of the Wolf Creek Sanitary Sewer Project using designated
water/sewer impact fees. Exhibits: Impact Fee Collection History and October 30, 2007 Impact
Fee Committee meeting minutes.
Warren stated this committee determined that there were three possible areas where
could be spent and the number of units that would be made available for construction. A
on the east side would have added 250 units, on the south side a project would have added 600
units and the one on the west side left open the ability to provide about 3,500 units, in the
Lawton school district. The committee is recommending the project on the west side. Along
with this recommendation, it is tied to the property owners providing the easement for the project
and that the project area not venture outside the Lawton school district.
Patton questioned if this was roughly from 75
th Street west?
Mitchell stated this project would start at 75
th and move the current sewer project out to west of
Jackson stated he attended most of these meetings. He stated there are water
$463,000 and sewer revenue at $363,000. He stated the committee was given a big map of
several locations where things were needed such as water and sewer lines. He stated there was
one councilmember from the east side and he did not have a chance to offset the influence of the
west side. He feels they were rushed to spend money that they just don t have. They
accumulated enough. He stated the cost of this sewer line is $1.5 million. He stated he
they want to combine the two monies out of the water and sewer account, which he does not
think is a good thing to do, but that would only be $827,000. When they get ready to build
road, they are required to have the money in the bank before they can start the project. He does
not understand how they can start a $1.5 million project even if they combine the two monies.
Warren stated he does not know where the west side councilman and the
councilman came from.
Shanklin stated he would like to know how they got that job when he was appointed
Jackson stated he would like to see how they can do this project when they don
t have the
money in the bank.
Mitchell stated this is basically accepting the recommendation from the committee. The
ordinance creates an impact review committee made up of the members that were in the minutes.
The committee is charged with making recommendations to the City Council. The
recommendation of the committee is that this project be the first priority. They have done no
engineering, they have not acquired any easements and they are not talking about going out and
awarding a contract right now. All they are talking about is accepting their recommendation that
this project be the first priority and if the Council adopts this recommendation this gives staff the
direction to start doing the engineering, easements, etc. This will take a year and a half or
years to build this project.
Jackson stated they are barely over half the money required to put this sewer line
in, yet they are
going to make a recommendation based on this and it is way too far in advance.
Warren stated they are talking about a minimum of eighteen months lead time to even
where they can award a contract. They need to decide what direction they are going.
Jackson stated they don t do that with any other project.
Shanklin stated they want to encumber the funds. Anyone can see through that. They are
insulting his intelligence.
Mayor Purcell stated that everyone that sat around this table approved this committee
approved every single person who was on this committee.
Shanklin read from minutes of October 12, 2004 that stated that Shanklin, Devine
would be on that committee.
Mayor Purcell stated that is old. He requested the City Clerk pull the minutes
appointment of members to the current committee.
Shanklin stated that the impact funds came from his suggestion. He stated Ward
5 does not get
anything. He questioned why the little widows in Ward 5 have to fund those on the west side of
Warren stated the whole point of the impact fees are so that the little lady in Ward
5 does not
have to fund these projects. The people that buy these new houses are the ones who fund this.
The money goes back to make the system bigger.
Shanklin questioned where the sales tax goes.
Warren stated they are not talking about sales tax.
Shanklin stated that is what funds it.
Warren stated it is a tapping fee. He stated even Ward 5 was exempted from
paying in order to
build it up.
Shanklin stated what do they think the CIP is. Is it not sales tax?
Warren stated they are not talking about the CIP. They are talking about impact
Shanklin stated impact fees were to come back and help us get something done in our
didn t get done because those monies got put out there.
Warren stated there was a trade off that said that they would exempt parts of town.
Jackson stated his point is that they are looking at a $1.5 million project and actually
Warren questioned how much they will have in eighteen months?
Patton stated they he does not think they made the assumption that sewer money would
used for sewer project and only water would be used for water projects.
Jackson questioned what they were going to do when they had water problems.
Hanna stated he just read this is outside the school district and city limits.
Warren stated this will not be outside of the school district.
Mitchell stated in October a sales tax election passed and we will collect $28 million
next 7 ½ years. We won t have all of the money for the 7 ½ years, but they have
about retaining an engineer to do nine mile sewer line, but they don t have the money to build
Jackson stated the engineering is coming from previous monies.
Mitchell stated no, it is coming out of this sales tax.
Warren stated there were aerials done with previous money.
Shanklin questioned if he was being told that none of the ward five sales tax money
streets, sewer lines or maintenance anywhere.
Mitchell stated no.
Shanklin stated that is the reason he wanted the impact funds to come back so they
something in the areas that have been ignored.
Warren stated at no point was that ever discussed. It was always discussed
that it was going to
build the system. The majority of the money is always going to be spent for sewer lines because
the water is generally always there for a new subdivision.
Mayor Purcell stated when they first passed this impact fee they were separated into
sewer. This Council changed the code to combine the two. We will find the minutes. He
suggested someone make a motion to either accept or not accept the recommendation.
MOVED by Warren, SECOND by Drewry, to accept the recommendation of the Lawton Impact
Fee Committee and authorize the City of Lawton to proceed with the required engineering,
easement acquisition, and construction of a sewer line extension of the Wolf Creek Sanitary
Sewer Project using designated water/sewer impact fees
SUBSTITUTE MOTION by Shanklin, SECOND by Jackson, to not approve the recommendation
of the Lawton Impact Fee Committee. AYE: Jackson, Shanklin, Haywood, Hanna. NAY:
Drewry, Patton, Warren. MOTION CARRIED.
Hanna stated if this issue gets brought back up, he would suggest they get all of
information prior to meeting so they can get all of these arguments out of the way.
35. Receive a report on Cellular Service Fees from 2005 to
present. Exhibits: Memo from
Emergency Communications Supervisor Derrell Morgan and Cellular Service Fee spreadsheet.
Patton questioned what the fee was bringing in annually.
Derrell Morgan, Emergency Communications Supervisor, stated for the 2006-2007 fiscal
$307,000. He stated right now there is $343,000 in the account.
Patton questioned what was the next big project planned.
Morgan stated there is a meeting set for Monday to finish up plans for cellular phase
II. The next
big project for communications is the new facility.
Patton questioned how often they will have to upgrade.
Morgan stated all of the equipment in the communications center is primarily computer
and usually has to be upgraded every five to six years. He stated right now all of the equipment
they need has been purchased to go phase II, but they have only a few issues to wrap up.
1. Consider approving the construction plans for water
and sanitary sewer lines to serve Fiesta
Toyota located at NW 72
nd Street and Quanah Parker Trailway subject to conditions and
accepting a utility easement and escrow agreement. Exhibits: Location Map. Easement and
Escrow Agreement on file in City Clerk s Office.
Mayor Purcell stated he approved these items for the addendum because it would cost
developer money and delays if it did not make this agenda.
Rogalski stated the construction plans have been submitted to construct 980 linear
feet of 12-inch
waterline, 1,000 linear feet of 8-inch waterline, and 417 linear feet of 8-inch sanitary sewerline to
serve Fiesta Toyota located at NW 72
nd Street and Quanah Parker Trailway. The developer is
CDBL, and the consulting engineer is Jung Engineering.
Staff has reviewed the plans and recommends approval subject to the following conditions:
1. Provide 0.10 foot drop in manholes at change in direction
greater than 45 degrees to provide
for losses in energy grade line and maintain minimum velocity.
2. Place sewerline in center of easement.
A separate agenda item is the approval of the record plat for Fire View Addition. The new site
for Fiesta Toyota is Lot 1 of Fire View Addition. All proposed lots have access to public water
mains, and all lots except Lot 1 have access to public sewer mains. Prior to approval of the
record plat, the sewerline to serve Lot 1 must be constructed or surety provided to ensure the
sewerline will be constructed. The developer has submitted an escrow agreement in the amount
of $12,500.00 as surety that the sewer improvements will be installed. The escrow will be
released upon acceptance of the improvements by the City Council. The permanent utility
easement for the sewerline has been reviewed and found to be acceptable.
The waterline is an extension of the existing main on NW 72
nd Street and loops through the
Fiesta Toyota site and will serve the fire hydrants on this site. When the waterline is ready
acceptance by Council, a revocable permit will be required to allow parking on the easement.
MOVED by Patton, SECOND by Warren, to approve the construction plans for water and
sanitary sewer lines to serve Fiesta Toyota located at NW 72nd Street and Quanah Parker
Trailway subject to conditions and accepting a utility easement and escrow agreement. AYE:
Jackson, Shanklin, Patton, Haywood, Warren, Drewry. ABSENT: Hanna. NAY: None.
2. Consider approving the record plat
for Fire View Addition. Exhibits: Plat Map
Rogalski stated Fire View Addition is a three-lot subdivision containing 12.39 acres. The
property is zoned C-4 (Tourist Commercial District) and R-1 (Single-Family Dwelling District).
The land not included in the plat between the access drive on Lot 2 and Lot 3 is the site of
Guarantee State Bank. The developer is Worm Burner, LLC, and the consulting engineer is Jung
There are no improvements to be accepted with this plat; however, Lot 1 is not currently
by sanitary sewer. Prior to submission of this record plat, plans were submitted for a waterline
and a sewerline to serve the future Fiesta Toyota site which is located on the proposed Lot 1 of
Fire View Addition.
On November 8, 2007 the City Planning Commission approved the record plat subject
conditions. One of the conditions was acceptance of the sanitary sewerline constructed along
nd Street to serve Lot 1 or acceptance of a surety that the sewerline would be constructed.
A previous agenda item on the Council agenda was approval of the plans and acceptance of the
surety. All other conditions have been met.
Patton questioned if the drainage has been addressed.
Rogalski stated anything that is developed on this property will require a building
MOVED by Patton, SECOND by Drewry, to approve the record plat for Fire View Addition .
AYE: Shanklin, Patton, Haywood, Warren, Hanna, Drewry, Jackson. NAY: None. MOTION
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
Bridgford stated he is looking forward to the BRAC growth summit in St. Louis the
week and receiving information on community grants. They will get more definite dates on
when all the moves are coming.
Shanklin stated we have a policy that says only single residential may receive a
He stated that businesses or duplexes cannot file for any kind of compensation. He wonders
we really mean this. He questioned if the Council would like to modify this.
Warren stated he kind of pushed this through, but he feels like they could look at
part of this.
He stated he does not think the citizens of Lawton should pay for a leak at a business. He stated
they have all gotten calls about a certain commercial building where there was no way that
anyone could have know about the leak. He does not want to rescind the whole thing, but he
would not preclude bringing it back and talking about making this policy a little more friendly.
Jackson stated since this certain customer is in Ward 4, he will agenda the item.
Vincent stated this would have to be an undetectable leak.
Jackson stated he has as many as three different water lines running under his building.
not know when one of the lines busting. He feels a business should have an opportunity for some
Shanklin stated they need to do something with the trash situation. He stated
he has six trash
cans where he lives now. The crews are only picking up two cans. He is going to let it
Mitchell stated that is what is in the ordinance.
Shanklin state he has three houses there and he should be entitled to six cans.
Ihler stated there are three councilmembers on a committee. He suggested they
met at 3:00 p.m.
on Thursday at Public Works. They would like to talk about this issue.
Shanklin stated that he tried to do what Mr. Ihler said about his driveway, but that
would not be
accepted. He is going to have to pour concrete all the way up to the property line. That means
is going to have to do the best job he had done in his life and try to win an election. If he
win it, the next day he is going to have it done and hope that staff takes him over to the court
house. There are three judges over there that would like to hear it.
Ihler stated he had asked some people to check into this and it is his understanding
Councilmember Shanklin does not have to put concrete all the way to the property line.
Rogalski stated he tried to find out who Councilmember Shanklin spoken to and everyone
License and Permit center said the same thing they had told Councilmember Shanklin earlier. He
stated he is required to put in 30 of concrete from the gutter line.
Shanklin stated others don t have to do it. It has been called to people
s attention and they do
nothing about it. Where does that leave him? He has pictures of other violators who did
follow this code.
Patton questioned what Councilmember Shanklin wanted them to do. Mr. Shanklin
want the Council to write tickets for people parking on the grass, but does he want them to write
tickets to those who violated the part of the code. Should we make them dig it up?
Shanklin stated there is word called common sense. Common sense will tell you
that he should
not have to do what staff told him.
Haywood stated he needed to know when they were going to open up the street on 67
Ihler stated that is a developer doing that work. He does not know.
Haywood stated tomorrow Jenkins will start putting asphalt down, so the street should
by the end of the week. He stated he went to New Orleans for the OML Conference. He stated
they are rebuilding the Mississippi gulf coast, but it is devastating. He stated they want people to
move out without receiving anything. He stated that everything has just skyrocketed. He
that there should have been more workshops at the conference.
Mayor Purcell thanked staff for all of their work at the opening night of Holiday
in the Park.
He stated at the NLC conference he saw a voting mechanism that works through the computer
and every councilmember would vote through a remote control. It gives a printout of the issue
and how everyone voted. He stated it only costs $4,200. He stated the company is willing
send it to us on a trial basis for a month or so. He questioned if the Council was interested
using this on a trial basis.
The Council agreed to try the software program.
Vincent stated the Water Summit will be held on December 14
th in Oklahoma City. The primary
interest is the policy track to discuss the state-wide water plan for municipal water issues.
The Mayor and Council convened in executive session at 9:34 p.m. and reconvened in
open session at 9:59 p.m. Roll call reflected all members present.
BUSINESS ITEMS: EXECUTIVE SESSION ITEMS
36. Pursuant to Section 307B. 4, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss negotiations between the City and the AFSCME employees group, and if
necessary, take appropriate action in open session. Exhibits: None.
Vincent read the title of item 36. No action is required.
37. Pursuant to Section 307B.2, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss negotiations for a Collective Bargaining Agreement for FY 2008-2009
between the Police Union, IUPA, Local 24, and the City of Lawton, and take appropriate action
in open session. Exhibits: None.
Vincent read the title of item 37.
MOVED by Patton, SECOND by Warren, that the City of Lawton appoint the following
individuals to serve as the negotiating team for the 2008-2009 Collection Bargaining Agreement
between the City of Lawton and IUPA, Local 24: Jim Scholes, Scott Meadors, Julie Magnus and
that the following individuals serve as alternates: Larry Mitchell and John Vincent. AYE:
Warren, Hanna, Drewry, Jackson Shanklin, Patton, Haywood. NAY: None. MOTION
There being no further business to consider, the meeting adjourned at 10:02 p.m.
second and roll call vote.
P. PURCELL, JR., MAYOR
TRACI HUSHBECK, CITY CLERK