Month 2008-7 July
Meeting of 2008-7-8 Regular Meeting
MINUTES
LAWTON CITY COUNCIL REGULAR MEETING
JULY 8, 2008 – 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor John P. Purcell, Jr. Also
Present:
Presiding Larry
Mitchell, City Manager
John
Vincent, City Attorney
Traci
Hushbeck, City Clerk
Mayor Purcell called the meeting to order at 6:00 p.m. Notice of meeting and agenda
were posted
on the City Hall notice board as required by law. Invocation was given by Pastor Chuck
Pettigrew, Liberty Heights Christian Church, followed by the Pledge of Allegiance.
ROLL CALL
PRESENT: Bill
Shoemate, Ward One
James Hanna, Ward Two
Janice Drewry, Ward Three
Jay Burk, Ward Four
Robert
Shanklin, Ward Five
Jeff Patton, Ward Six
Stanley
Haywood, Ward Seven
Randy
Warren, Ward Eight
ABSENT: None
RECOGNITION FROM MAYOR’ S COMMISSION ON THE STATUS OF WOMEN TO
SHARON MEANS
Sandra Kunz, Chairman of the Mayor’ s Commission on that Status of Women, recognized
Sharon Means who has been the Chairman for the past two years and will continue to serve on
the commission.
Mayor Purcell thanked Ms. Means for all of her hard work on the commission and presented
her
with a Certificate of Appreciation.
PRESENTATION OF CITIZEN OF THE MONTH FOR JULY 2008 TO HAROLD DAVIS
Ms. Kunz announced that Harold Davis has been named Citizen of the Month for July.
Mayor Purcell read a Certificate of Congratulations from the State of Oklahoma and
a Certificate
of Commendation from the Mayor’ s Office.
AUDIENCE PARTICIPATION:
Dan Tucker, 6916 SW Beta, thanked the City Council members, City Manager and city
staff for
the intense study that went into this budget. He does not like rate increases, but he did appreciate
the fact that city services were not cut.
Larry Forrester, 2313 NW 75
th Street, stated he wanted to know why the water rate increase was
made retroactive and put on the utility bills for May and June.
Mitchell stated that he is not aware that we have done anything retroactively.
Mr. Forrester stated he spoke with someone in the water department and was told the
City
Manager directed any bill processed and run on July1st qualifies for the new rate increase. He
stated he called the Governor’ s office this afternoon and let them know what was going on.
Rick Endicott, Finance Director, stated that all rates did go into effect July 1
st. They were not
retroactive. He stated if water was consumed in June, this will effect your July 1st
billing date.
The new rate went into effect July 1st.
Mr. Forrester stated his bill runs from May 22
nd to June 23rd. He questioned why the July 1st
increase is on his bill.
Endicott stated there are twenty billing cycles. If the billing cycle is towards
the end of the
month, it will fall in that rate increase for water that was consumed during the month of June. He
stated staff will look into Mr. Forrester’ s bill and make any adjustments necessary.
Haywood stated he has received some calls. He stated anything before July 1
st should not be
affected.
Endicott stated the new rates went into effect July 1
st. If a bill was created on July 1st, it had the
new rates.
Patton questioned when Mr. Forresters bill was printed.
Endicott stated the ending date was June 23
rd.
Mr. Forrester stated that he was told by city staff that the bill was processed and
printed on July
1
st.
Haywood stated that the new rates should not have affected Mr. Forrester.
Endicott stated the new rates were effective when the bills went out on July 1
st.
Burk stated they need to look at those bills from May and June and go back and correct
that.
That is water that was used in May and June and they should be billed at the lower rate.
Endicott questioned when the new rates should go into effect.
Burk stated he feels that the rates should affect anything read after July 1
st.
Shanklin stated the consumption was not in the new fiscal year.
Mayor Purcell stated the Council needs to come up with some guidance for staff.
Burk suggested that only those bills that are read in the month of July should be
affected.
Endicott stated they would really have to wait until August.
Shanklin suggested they agenda and item at the next council meeting.
Mitchell questioned when is the last billing cycle of the month.
Endicott stated for June, the last working day of June would have been the last billing
cycle. The
first working day of July would be the first cycle for the month of July.
Mitchell stated if they established August 1
st for the new billing, then they would catch most of
these.
Endicott stated it took about a month to change these rates. He does not disagree
with these
thoughts, but that is the way they have historically done it the last eighteen years. He questioned
if the directive from Council is that staff credit those bills they can. He stated they are talking
about some major issues.
Mayor Purcell stated they will bring an item back at the next council meeting, but
meanwhile
everyone needs to pay their bill and staff can work on the rebates.
Shanklin stated that the City Council directed staff to start the new rates on July
1
st and that bill
was issued on July 1st.
Endicott stated staff will bring back an agenda item.
Michael Tenis, 1710 NW Cherry, stated they have the new trash carts and the new truck. Last
week as the truck picked up the cart, trash was blowing everywhere. He called solid waste and
was told that everything in the cart had to be in a plastic bag. He stated this misinformation has to
be corrected and the truck driver needs to slow down and not leave trash on the street.
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR
MEETING OF JUNE 24, 2008.
MOVED by Hanna, SECOND by Drewry, to approve the minutes of the Lawton City Council
regular meeting of June 24, 2008. AYE: Hanna, Drewry, Burk, Shanklin, Patton, Haywood,
Warren, Shoemate. NAY: None. MOTION CARRIED.
CONSENT AGENDA: The following items are considered to be routine by the City Council
and
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 item #2 needs to be considered separately. Patton
requested item #14 be
considered separately.
MOVED by Warren, SECOND by Hanna, to approve the Consent Agenda with the exception of
items #2 and #14. AYE: Drewry, Burk, Shanklin, Patton, Haywood, Warren, Shoemate, Hanna.
NAY: None. MOTION CARRIED.
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
which
are over $400.00: J.P. and Jean Richard in the amount of $521.54
(Res. 08-90), David and Lynda
Aguon in the amount of $442.24 (Res. 08-91). Exhibits: Legal Opinions/Recommendations and
Resolution No.___, Resolution No.___.
2. Consider the following damage claims recommended for denial:
Stephen and Deana Carroll
in the amount of $3,588.86, Bill and Janet Nasse in the amount of $1,600.00. Exhibits: Legal
Opinions/Recommendations.
Frank Jensen, Deputy City Attorney, stated the Carroll claim is regarding a leak
in a gas line. He
stated the gas company employee noted the riser to the gas meter has a nick that caused a leak in
the riser a couple of inches off the ground. The gas meter is against a fence that
was not
touched by the sewer rehab crew when they replaced the sewer main in the easement. The
plumber noted in his bill that the riser to the gas meter was rusted out and needed to be replaced.
Because of this information, staff has recommended denial of the claim.
Mayor Purcell questioned if all of the work was done on the outside of the fence.
Jensen stated crews had to go inside the back yard area. He stated the public
works department
had permission to go around the gazebo and go through the yard. He stated he was glad that the
crew exercised good judgment and did not take the gazebo down even though it was in the right
of way. This was no where near where the riser had the leak in the line.
Shanklin questioned if the riser was rusted out.
Jensen stated the plumbers’ bill stated the riser was rusted out and needed
to be replaced.
Vincent stated it is important to note that the plumber replaced the riser, pressure
tested the line
and the gas line failed.
Steve Carroll, 5108 NW Ash Avenue, stated there is a lot of information in the memo
from the
City Attorney that is incorrect. He stated he and his wife left town the week prior in question.
When they returned the City of Lawton workers were in the backyard and the gas had been
disconnected. He called Pippin Brothers, who came out and replaced the line.
Haywood questioned the age of his home.
Mr. Carroll stated mid 1960’ s.
Haywood questioned the depth of the gas line.
Mr. Carroll stated he was not sure.
Mayor Purcell questioned if Mr. Carroll claimed the city damaged the whole line since
the line
was replaced.
Mr. Carroll stated his plumber just did what they had to do to get his gas working
again.
Burk stated by reading the Pippin Brothers statement, the line rusted out and the
line needed to
be replaced at the riser. The problem he has is that once they replaced the riser, they
pressure
tested it again and the gas line failed. If we hit the riser, it probably wouldn’ t cause
the gas line
to leak. That is pretty uncommon. If we did nick the riser, that is probably something we
should
take care of. He does not agree with us replacing the rest of the line.
Mr. Carroll stated he believes the City damaged his line by running equipment over
his back
yard.
Shanklin questioned if Mr. Carroll’ s fence was in the right of way.
Vincent stated the fence is across the easement where the utilities are as well as
the gazebo being
placed on the easement. He stated we tried to work around the gazebo.
Mr. Carroll stated the memo said that they were contacted by city staff. He
stated they never
talked with city staff and he never saw the notice left on the door. He wonders if he is getting
the
truth. He does not feel he should be liable for something done by this municipality.
Shanklin suggested they postpone this item until someone goes out and looks at this
again.
Mr. Carroll stated the City was at least 25 feet deep into his property.
Jensen stated the gazebo was in the right of way. There are no improprieties. They could not get
a hold of the home owners regarding the gazebo, but the crews used good sense and did not take
the gazebo down, even though they had a right to. Because they did not touch the gazebo they
had to work around it and go further in the yard. This has nothing to do with gas leak and the
riser next to the fence. There was no work going on in that area.
Shanklin stated when Mr. Carroll left town he was whole. When he came back,
his gas was shut
off.
Jensen stated there was a recognized leak in the riser that was reported by the gas
company. The
information came from the employee at the gas company. The riser was rusted out and that is
where they found the leak. That is the basis for the staff recommendation.
Mr. Carroll stated the riser was nicked, not rusted out.
Warren stated if we owe anything, it would just be for the riser.
MOVED by Burk, SECOND by Warren, to approve the damage claim of Stephen and Deana
Carroll in the amount of $350 for the cost of the riser. AYE: Burk, Shanklin, Patton, Haywood,
Warren, Shoemate, Hanna, Drewry. NAY: None. MOTION CARRIED.
Jensen stated the next claim involves a structure in the right of way. There
was a sewer main that
had to be replaced. This home has a yard that sloped down from the easement to the back of the
home. There were retaining walls in the right of way that had to be removed to replace the main.
Our obligation was to backfill and level and we do not take responsibility to replace the
retaining wall or any other kind of landscaping. He stated in April during a heavy rain some mud
came through the retaining wall that had been replaced by the home owner.
Shanklin stated city crews did not put the retaining wall back.
Jensen stated there is a council policy that stated we do not put them back.
Bill Nasse, 815 NW 49
th Street, distributed photos of his property. He stated sewer rehab did not
start on his property until the middle of January and they did not get done until the end of March
or first of April. He is not concerned about his retaining wall. He removed everything he
was
told to remove. He stated his shed and fence was damaged which he took care of. In April
it
rained and everything collapsed because the city crews did not pack the dirt. Water came down
his alley and into his home. He has french drains under his porch, in front of his porch and to
the
east. There was no way those french drains could accommodate all that dirt, so the dirt came into
his home. He has replaced his furniture and walls. The reason he has filed the claim
is to
replace his flooring. He stated the city crews admitted they did not do this right and they placed
sandbags across the back to prevent the rain from coming in. He stated city crews came out
twice and finally they packed the dirt.
Jensen stated the information they received regarding this claim came from Buddy
Bridges,
Sewer Rehab Division.
Buddy Bridges, Assistant Director of Sewer Rehab, stated crews did go back several
times and
refill around the manhole and they did place sandbags in the yard. He stated all of the water
from the easement has always gone into that yard, whether they did the manhole work or not. He
stated the water was not in the house, but was in a patio that has been closed in as a den which
was several inches below the house. He is not sure how they keep water out of that room
because of the way the yard is grated. He stated it is not unusual for them to have to go back
and
recompact around the manholes and add topsoil after a heavy rain.
Mr. Nasse stated this was an addition to the house, not an outside patio.
Mr. Bridges stated the slab was six inches below the rest of the house.
Shoemate stated he went out to the house and questioned if there was an abundance
of run off
around the manhole covers when they sink.
Mr. Bridges stated the water that was coming in was going to come in whether the
manhole was
modified or not.
Mr. Nasse stated he bought this home in 2000 and he has never had a problem with
water.
Shoemate stated he did see small drains and he suggested Mr. Nasse make the drains
a little
bigger.
Mr. Nasse stated that the mud had covered his drains.
MOVED by Burk, SECOND by Shanklin, to adopt Res. 08-92 approving the damage claim of
Bill and Janet Nasse in the amount of $1,600.00. AYE: Shanklin, Patton, Haywood, Warren,
Shoemate, Hanna, Drewry, Burk. NAY: None. MOTION CARRIED.
3. Consider approving an Outside Water Sales Contract with
OK Scrap Metal, LLC, and
authorize the Mayor and City Clerk to execute the Contract. Exhibits: Location Map.
Contract is on file in the City Clerk’ s Office.
4. Consider approving an Outside Water Sales Contract with
Keith and Jayna Mannen, and
authorize the Mayor and City Clerk to execute the Contract. Exhibits: Location Map.
Contract is on file in the City Clerk’ s Office.
5. Consider approval of the Retainer Agreement for Legal Services
between the City of Lawton
and Clay Hillis and authorize the Mayor and City Clerk to execute the Agreement. Exhibits:
Retainer Agreement for Professional & Legal Services on file in City Clerk’ s Office.
6. Approval for Arts & Humanities Division to accept the
Local Government Challenge Grant
from the Oklahoma Arts Council for the FY 2008-09. Exhibits: None.
7. Consider approving contracts for
the Co-Sponsorship Grant Program. Exhibits: Contracts
on file in City Clerk’ s office.
8. Consider accepting a grant of $8,500 from the Oklahoma
Humanities Council to support the
2008 Oklahoma Chautauqua program. Exhibits: The Oklahoma Humanities Council grant
agreement is on file in the City Clerk’ s Office.
9. Consider accepting a grant of $2,000 from the Oklahoma
State Regents for Higher Education
to participate in their Plan4College initiative. Exhibits: The Plan4College agreement is on file in
the City Clerk’ s Office.
10. Consider approving an agreement with the City of Lawton
and Lawton Evening Optimist
Soccer Association related to the operation of the “Big Green Soccer Complex”. Exhibits:
Cooperative Agreement is on file in the City Clerk’ s office.
11. Consider granting a revocable permit to use the alley
adjacent to Lots 4 – 8, Block 5,
McClung Addition, also known as 914 SW Lee Boulevard, for maneuvering of vehicles.
Exhibits: Site Plan and Application. Revocable Permit on file in City Clerk’ s Office.
12. Consider acknowledging receipt of a permit for the construction
of a waterline and
appurtenances from the Oklahoma Department of Environmental Quality to serve the NW 67
th
Street (Cache Road to Rogers Lane) Waterline Relocation Project #2008-7, City of Lawton,
Comanche County, Oklahoma. Exhibits: Permit to Construct dated March 4, 2008.
13. Consider accepting FEMA reimbursement checks for the total
amount of fifty thousand,
three hundred twenty five dollars and forty one cents ($50,325.41) and authorize the Finance
Department to deposit these funds into the General Fund, FEMA Fund 35, Sewer Rehab Fund
and the 2005 CIP to reimburse the accounts from which the funds were expended during the
2007 summer floods. Exhibits: Summary of FEMA checks received to date and Summary of the
eligible project costs.
14. Consider adopting a Resolution authorizing the installation
of traffic control measures at
the following intersections: SW 14
th and SW Monroe Ave.; W Gore Blvd at main entrance to
Comanche County Memorial Hospital/Cameron University; NW 23rd St. and NW Cheyenne
Ave.; W Gore Blvd between University Dr and SW 27th St (alley); Rogers Lane at NW 38th
St.;
SW 63rd St. & SW Oakcliff Dr; NW Quanah Parker Trailway at north and south entrances
to
Crosby Park Estates; SW 14th Pl at SW Georgia Ave; Landfill – Tinney Rd and SW
11th.
Exhibits: Traffic Commission Minutes, Traffic Issue Requests, and Resolution No. 08-_____.
Patton stated he had a question about the status of the traffic light at 82
nd and Lee.
Jerry Ihler, Public Works Director, stated the work order has been issued and they
have ordered
the equipment. Those poles take about four to six months for delivery.
MOVED by Patton, SECOND by Haywood, to approve Res. 08-93 authorizing the installation
of
traffic control measures. AYE: Patton, Haywood, Warren, Shoemate, Hanna, Drewry, Burk,
Shanklin. NAY: None. MOTION CARRIED.
15. Consider denying the request to adjust the signal timing
at the intersection of NW 52
nd St.
and NW Rogers Lane. Exhibits: Traffic Commission Minutes and Traffic Issue Request.
16. Consider approving a Memorandum of Agreement between the
Oklahoma State
Department of Health and the City of Lawton for food handler training and inspection services of
food service establishments and authorize the Mayor and City Clerk to execute the document.
Exhibits: Memorandum of Agreement.
17. Consider awarding (CL08-067) Manhole Rings & Covers
to Water Products of Oklahoma
of Owasso, OK. Exhibits: Department recommendation, abstract of bids.
18. Consider awarding (CL08-068) Manhole Lining Materials
to The Strong Company of Pine
Bluff, AR. Exhibits: Department recommendation, abstract of bids.
19. Consider approving appointments to boards and commissions. Exhibits: None.
20. Consider approval of payroll for the period of June 16-29,
2008.
BUSINESS ITEMS:
21. Hold a public hearing and consider a resolution amending
the 2025 Land Use Plan from
Residential/Low Density to Commercial and an ordinance changing the zoning from R-1 (Single-Family Dwelling
District) to C-1 (Local Commercial District) zoning classification located at
4206 – 4224 SE Lee Boulevard. Exhibits: Resolution No. 08-____, Ordinance No. 08-____,
Location Map, Applications and CPC Minutes.
Richard Rogalski, Planning Director, stated this request is for Lots 5 – 9,
Block 1, Sullivan’ s
TV Acres Addition, which measure 522 feet by 302.5 feet. The applicants are the property
owners of these lots: Betty Patterson, Robert Heaton, James Chandler, Emma Macias, and Jason
Baird. There was no proposed commercial use for these lots included in the application.
The zoning of the surrounding area is R-1 to the north and west, A-1 (General Agricultural
District) and C-4 (Tourist Commercial District) to the south, and C-4 to the east. The land use
of
the surrounding area is single-family residential to the north and west; agricultural and
commercial (beauty shop and dog groomer) to the south; and vacant and Stripes convenience
store to the east. The lots currently are used for single-family residential; however, the property
owners want to rezone the lots as commercial for potential future development. C-1 is the most
restrictive commercial zoning. He stated there has been a lot of discussion regarding lots
fronting major roadways and what zoning those should be. The draft 2030 Land Use Plan
proposes changing the designation of the lots fronting State Highway 7 from Residential/Low
Density to Commercial.
On June 12, 2008, the City Planning Commission held a public hearing on this request.
At the
public hearing 5 persons spoke against the request, and two persons spoke in favor of the request.
The CPC, by a vote of 2 to 7, failed to recommend approval of the request.
Notice of public hearing was mailed on June 17, 2008 to 44 property owners within
300 feet of
the requested area, and proper notice was published in
The Lawton Constitution on June 22,
2008. He stated a petition was received against this request. The petition was signed by
38
people. The code states that if the owners of 50% of the property within the 300 foot area
oppose the petition, then a ¾ majority is required. He stated the petition only adds up to
28.3%,
so a ¾ majority would not be required. The recommendation for the City Planning Commission
is to deny.
Warren questioned if this would be a good place for transitional zoning since it
backs up to
residential.
Rogalski stated this would be a good place for transition district, however, a month
ago the City
Council did pass the site plan ordinance which almost precludes the transition zone. This
application came in before that code change was passed, so the site plan requirement does not
apply here. This is what you would call speculative rezoning. The applicant does not have a site
plan to put on this property, so that is why TR zoning will not work. If this application had
come
in after the code change, a site plan would have been required because it is adjacent to
residential.
Patton questioned the history of the parcel to the east.
Rogalski stated he believes it is owned by Braum’ s. They purchased the
property and went as
far as to get it rezoned, but he believes there was an access issue.
PUBLIC HEARING OPENED.
Jeannie Patterson, 4212 SE Lee Boulevard, stated she is the applicant for this rezoning.
She
stated that area is very congested and she feels it is her best interest for the property to be zoned
commercial. She has abided by all of the rules and guidelines that have been set forth. She
stated at the CPC meeting several property owners were concerned with what would be going on
that property. The way she looks at it, this will only better the community. This
portion of land
could be a benefit to the east side and she does not see that it will harm the surrounding property
owners. She stated that this will eventually go commercial whether it happens tonight or in two
years. All of the property owners have spoken to Insight Properties and agreed to sell this parcel
of land as one.
Melvin Smith, 4207 SE Bedford Drive, stated there are other senior citizens that
live on his street
and there is peace and tranquility to those who are homeowners in his area. If a commercial
business comes in, it will escalate the noise. This will bring about more traffic in the area
and he
is concerned that this will take away the peacefulness of the neighborhood.
Anthony Wright, 4030 SE Lee, stated he is against this rezoning. He has lived
at this property
for 25 years. He stated he would like to keep the area residential. He does not understand
why
anyone would want to rezone the area.
Linda Poe, Insight Properties, stated they plan to work with the residents to offer
some unity and
cohesion to the changes that are coming about. What the applicants are trying to do is control
their destiny and have options so they can consider anything that may be put on the table before
them for the future. They will help them act as one single unit in the best interest of the
surrounding area.
PUBLIC HEARING CLOSED.
Warren stated there is not a doubt in his mind that this will be commercial someday,
but the
council is just trying to exercise a little bit of control and that is where the transition district
and
binding site plans are coming from. He realized that the binding site plan was not required at
the
time the application was made, but there are all kinds of things you need to think about when you
are going to encroach on other properties. He does not think he will be able to support this
request.
Burk stated he also feels that the time will come when this will become a commercial
area but he
does not think it has to happen now.
MOVED by Burk, SECOND by Drewry, to deny the amendment to the 2025 Land Use Plan and
deny the rezoning request. AYE: Haywood, Warren, Shoemate, Hanna, Drewry, Burk, Shanklin,
Patton. NAY: None. MOTION CARRIED.
Warren exited the room.
22. Consider approving plans and specifications for the 2
nd Street Pedestrian Improvement and
Pedestrian Enhancement Project #2005-12 subject to approval by the Oklahoma Department of
Transportation and authorizing staff to advertise for bids. Exhibits: Note B-06-MC-40-0001.
Project sketch will be distributed at the Council meeting.
Mitchell distributed a schematic handout that gives a profile of the streetscape and
detail of the
street enhancement program. Three years ago the Lawton Urban Renewal Authority
(LURA)
submitted an ODOT Enhancement Grant application and followed up with a second
enhancement
grant and the council agreed to submit an application for a Section 108 loan for street
improvements. Overall the city has secured $3 million to improve 2
nd Street. He stated tonight
the City Council
will be approving the bid specs for the project and authorize staff to proceed with
bidding the
project once ODOT approval has been obtained.
Rogalski stated this is really a beautification and pedestrian enhancement project,
not a roadway
project. They are putting ten foot walkways with a treescape. There
will be a 13 foot travel
lane,
a 12 foot left turn lane, just as it is now. What they did was take the five
lanes that are there and
squeezed them down a little bit. The overall project is conceived from
C Avenue to Ferris. This
particular set of plans actually starts just south of Gore Boulevard and extends just
north of
Columbia for the first phase with an alternate phase going just past Dearborn.
Shoemate questioned what type of trees they will be using and how close together they
will be
planted.
Rogalski stated the tree planting areas are thirty feet apart. Trees being
planted are Chinese
Pistache,
Cedar Elm, Lacebark Elm and a maple.
Haywood questioned if the concrete will go around the trees.
Rogalski stated it will be concrete and brick pavers.
Patton questioned the time frame.
Rogalski stated this will be a three month project. Staff is waiting for ODOT
to approve the
plants
then they can go to bid with a ninety day bidding process.
Patton questioned how the businesses will be impacted.
Rogalski stated LURA is obtaining properties along the east side of 2
nd Street, so many will be
owned by LURA. They will have to work around the properties on the west
side.
Shoemate questioned the type of lighting.
Rogalski stated they will be decorative fixtures that will be about 30 feet tall. It
is more
pedestrian level lighting about 30 feet apart.
Shoemate stated he would like to see the older buildings in this area preserved.
Rogalski stated this project really progressed on its own and this will be a benefit
to the area
and actually draw in people. This was conceived as the first step to the redevelopment
process.
Shanklin questioned where in Oklahoma has this.
Rogalski stated there are at least two or three in Oklahoma City which includes Western
Avenue,
Meridian, NW 23
rd, NW36th Street.
Shanklin stated he does not see how you can take the traffic and choke it down.
Rogalski stated the lanes that are there now are very wide and traffic moves faster
on an ample
lane. Twelve foot lanes are standard and there are much smaller lanes on 11
th Street. They are
not lowering the capacity of the road, but they are borrowing the unused asphalt and
providing
some amenities in a streetscape.
Shanklin stated he has a problem doing this when you look at all of the other things
needed to
be done in Lawton.
Mitchell stated that LURA paid for all of the engineering for this project. They
spent nearly
$400,000 for the engineering for this road. He stated 98% of the money for this
street is state
and federal grant money that could not be spent anywhere else in the community and
it was a
special application that had to go through both the department of transportation and
housing
and urban development.
Shanklin stated he is not worried about spending it anyplace else, but why don’
t we work as
hard to get some money to spend in other places.
Haywood stated he would like to see some low income people from this area on those
jobs.
Mayor Purcell noted that Councilmember Warren did not take part in this conversation
and was
not in the room.
MOVED by Drewry, SECOND by Shoemate, to approve plans and specifications for the 2nd
Street Pedestrian Improvement and Pedestrian Enhancement Project #2005-12 subject to
approval by the Oklahoma Department of Transportation and authorizing staff to advertise for
bids. AYE: Shoemate, Hanna, Drewry, Burk, Shanklin, Patton, Haywood. NAY: None.
ABSENT: Warren. MOTION CARRIED.
Warren returned to council chambers.
23. Discuss special trash collection services currently provided
by the City of Lawton as
provided by Section 22-4-1-410 “Special Pickup Service”, Lawton City Code, and consider
refunding $110.00 (One Hundred Ten Dollars) to Mr. Richard Warren, 2418 NW 80
th Street,
Lawton, Oklahoma for removal of a bulk item, and take action as deemed necessary. Exhibits:
Copy of Section 22-4-1-410 Special pickup service, Lawton City Code 2005,
Photo from the
City of Lawton Solid Waste Collection Division 5-30-2008, Photo from Richard Warren after
violation notice posted on 5-30-2008 and Memorandum from Goodwill Industries, Francy Ford,
6-26-2008.
Patton stated he placed this item on the agenda but he had some erroneous information.
He stated
that the Salvation Army was contacted to pick up the couch, not Goodwill. He stated he is not
against the special pickup and charge, it is something that is necessary. But this is a situation
where Mr. Warren did not want to see the couch thrown away because it did have some value.
He offered it for free, but no one chose to pick it up. At that point he contacted Salvation
Army
who made arrangements to pick it up.
MOVED by Patton, SECOND by Haywood, to refund $110.00 to Mr. Richard Warren. AYE:
Hanna, Drewry, Shanklin, Patton, Haywood. NAY: Shoemate, Burk, Warren. MOTION
CARRIED.
Richard Warren, 2418 NW 80
th Street, stated since they were giving this couch to the Salvation
Army he will pass the money along to them.
24. Consider an ordinance amending Section 15-5-503, Article
15-5, Chapter 15, Lawton City
Code, 2005 by changing the axle limit for commercial vehicles from three (3) axles to two (2)
axles to be able to park in any residential area within the City limits and by prohibiting trailers
to
be parked on any residential streets between sunset and dawn, providing for severability, and
declaring an emergency. Exhibits: Ordinance 2008-_______.
Drewry stated this is going on in her ward along with other wards and now is getting
out of hand.
People are parking big commercial vehicles in the residential neighborhoods and in some cases,
it is causing problems with traffic. She stated if you live in a residential neighborhood
and are
taking care of your yard, you do not want these big commercial vehicles parked next door to you.
She stated since this issue came out in the paper, she has had calls regarding the big RV’
s and
fifth wheels parked in residential neighborhoods. She stated there was a situation where
these
commercial vehicles, who worked for a company that was not even in the Lawton community or
even in Comanche County, were parking in a driveway and doing business in the driveway of
this vacant home. It was causing a lot of problems in the neighborhood.
Hanna questioned what would happen to these truckers who drop their trailers off
and drive their
cabs home. How would they get back and forth?
Vincent stated in other towns they park the tractor with the trailer and someone
comes and picks
them up and takes them home. He stated right now code allows anything with three axles or less
to be parked in a driveway in a residential area.
Hanna questioned what is going to happen to the RV’ s or fifth wheels.
Vincent stated this is not saying you cannot have a trailer in your driveway at night.
This says
you can’ t park the trailer in the street at night.
Hanna stated if it is tagged and licensed why not?
Mayor Purcell stated he had them in his neighborhood and cars could not get by. They
need to
get out of the street.
Vincent stated at this time this ordinance does not include RV’ s. This is only
talking about
commercial vehicles as defined by state statute and city code.
Shoemate stated his neighborhood bylaws prohibit it anyway. He questioned if
they could do
this by neighborhood.
Vincent stated they can establish covenants at the time they do the development,
but once the
development is done you can’ t go back and make those retroactive.
Warren stated that the Lawton Police Department does not enforce covenants.
Drewry questioned if she could amend this ordinance to include RV’ s and fifth
wheels.
Vincent stated they would need to amend Section 6.
Burk questioned what would be included as far as the definition of recreational vehicles.
Vincent stated that recreational vehicles are defined by state statute. He
would have to look it
up.
Shoemate suggested they bring this item back after they put some teeth into it and
find out
exactly what it entails. He would like to spell out what vehicles they are talking about.
Warren suggested they pass it as it is written and that will take care of the truck
issue and then
they can bring something back to take care of the RV issue.
Vincent stated he can bring back a definition of a recreation vehicle.
Tom Hutchins, 4102 Meadowbrook, stated this is the property that Councilmember Drewry
is
referring to as far as a tree service sitting in the driveway. He stated the owner of the business
asked him if he could stay there after he paid him for some service and he was allowing him to
load some things in his truck as he was cleaning up the yard. He was not doing business out of
this home. He apologized if this was a problem. He is in agreement in not allowing trucks
to
park in the neighborhood on the street.
MOVED by Drewry, SECOND by Warren, to adopt Ordinance 08-50, waive the reading of
the ordinance, read the title only and declaring an emergency. AYE: Hanna,
Drewry, Burk,
Shanklin, Patton, Haywood, Warren, Shoemate. NAY: None. MOTION CARRIED
(Title read by City Attorney) Ordinance
08-50
An ordinance pertaining to storage or parking of motor vehicles prohibited-exceptions,
amending
Section 15-5-503, Article 15-5, Chapter 15, Lawton City Code, 2005, by changing the
commercial vehicle parking in residential areas from vehicles of three axles to two axles and by
adding language which prohibits trailers to be parked on a residential street, providing for
severability, and declaring an emergency.
Drewry stated that while investigating this issue she also found out that cars parked
in driveways
are suppose to be twelve feet from the street, so those that have four and six cars parked in
driveways are breaking the law.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
Shoemate stated sometime in November Lawton will have a family entertainment business
open
up east of the waterpark. This will be similar to Incredible Pizza in Oklahoma City.
Drewry congratulated everyone for the success of the July 4
th celebration.
Burk requested that staff look into the number of city vehicles that are driven home
and the
distances that they are driven. He stated with the gas situation he felt this is something
they
needed to discuss. He stated there are trees and grass up and down E. Gore Boulevard that
need
to be cleaned up and it seems to be taking forever. He stated Flower Mound Road also needs
some attention with the grass.
Shoemate questioned if anyone has contacted the railroad lately regarding the high
grass.
Mitchell stated that staff has recently contacted the railroad.
Shoemate questioned if city crews could cut it and sent them the bill.
Mitchell stated that is actually what we are trying to do.
Shanklin stated that prairie dogs are eating us up on Ferris Avenue. He stated
there are also a lot
of hanging trees on Ferris. He questioned if he had the right to prune those that are in his view
of
the park. He stated there was a big mess left at the lake after July 4
th. He questioned if all trash
has to be in a bag.
Mitchell stated no.
Hanna questioned who would be responsible for picking up that trash that falls out
of the
container as the truck dumps it. Is it the driver or the homeowner?
Ihler stated staff would like to have an ordinance where trash has to be in a bag
because that
would solve the problem. On a windy day, that is going to happen. With automated trucking
there will just be the driver and the truck.
Patton stated that everyone should pick up their own yard. That is a better
solution than making
everyone put their trash in a bag.
Burk stated a lot of people won’ t pick it up and there lies the problem. How
do we keep the city
clean?
Vincent stated he usually does not make personal comments, but he received one of
the first 95
gallon containers that were issued and when he dumps his yard waste in the container without the
bag, he can get it all in that one container. Basically you reduce the capacity of the container
if
you use a bag.
Patton stated it is also better for the grass to be loose at the landfill than in
a bag.
Dale Namora, 10 NW Heatherstone, stated she believes it should be the decision of
the
homeowner to use a bag or not and they should pick up whatever falls on your property.
Haywood stated they do need to contact those involved with cleaning up the railroad
areas. He
stated it is hard for the police department to keep up with the kids that are shooting fireworks in
town, but if you sell fireworks in town, they are going to fire them in town. He hopes that local
people are hired for those jobs in the redevelopment of 2
nd Street.
Mitchell stated they hope to have a local contractor on that project.
Warren stated with all of the fireworks events the past weekend, he estimated that
Lawton hosted
around 50,000 people. He does think that they need to revisit the fireworks issue. When
this
town puts on at least two programs, there are places where people can go to enjoy fireworks. He
stated they either need to stop selling them or stop worrying about it and let people do what they
want.
Patton stated he believes that even if they stop selling in the city limits, they
will see no
difference and we will lose that small amount of sales tax revenue.
Mayor Purcell stated they need to get a handle on this problem. One of these
days they will have
a house burn down because of fireworks and the Council will be forced to do something.
Vincent stated he has been asked by Oklahoma Municipal League to participate in meetings
sponsored by the Oklahoma Municipal Utility Providers regarding water policies. He will be
representing Lawton and southwest Oklahoma.
The Mayor and Council convened in executive session at 8:26 p.m. and reconvened in
regular,
open session at 9:50 p.m. Roll call reflected all members present.
BUSINESS ITEMS: EXECUTIVE SESSION ITEMS
25. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss the pending Workers Compensation claim of Ronnie Smith, Jr., and if
necessary, take appropriate action in open session. Exhibits: None.
Vincent read the title of item #25. No action is required.
MOVED by Hanna, SECOND by Warren, to authorize the City Attorney to negotiate a
settlement of the workers compensation claim of Ronnie Smith, Jr. and return to Council for
further consideration. AYE: Shanklin, Patton, Haywood, Warren, Shoemate, Hanna, Drewry,
Burk. NAY: None. MOTION CARRIED
26. Pursuant to Section 307B.2, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss interest arbitration 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 #26. No action is required.
27. 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 Fire Union IAFF, Local 1882, and the City of Lawton, and take appropriate action in
open session. Exhibits: None.
Vincent read the title of item #27. No action is required.
28. Pursuant to Section 307C10, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss an economic development prospect to be located within the City of Lawton,
and if necessary, take appropriate action in open session. Exhibits: None.
Vincent read the title of item #28.
MOVED by Burk, SECOND by Hanna, to authorize city staff to establish development
requirements and negotiate with a potential developer for the development of the site complying
with all requirements of federal and state law and city code. AYE: Patton, Haywood, Warren,
Shoemate, Hanna, Drewry, Burk, Shanklin. NAY: None. MOTION CARRIED
There being no further business to consider, the meeting adjourned at 9:53 p.m. upon
motion,
second and roll call vote.
____
/s/ John P. Purcell, Jr.______________
JOHN P. PURCELL, JR., MAYOR
ATTEST:
_____/s/ Traci Hushbeck_________________
TRACI HUSHBECK, CITY CLERK