Lawton City Council Agenda

AGENDA
LAWTON URBAN HOMESTEADING AGENCY (LUHA) SPECIAL MEETING
JULY 27, 2010 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER

MEETING CALLED TO ORDER

ROLL CALL

CONSIDER APPROVAL OF THE MINUTES OF THE MARCH 9, 2010 SPECIAL MEETING OF THE LAWTON URBAN HOMESTEADING AGENCY (LUHA).

BUSINESS ITEMS:

Consider accepting the transfer of two vacant properties from The City of Lawton to the Lawton Urban Homesteading Agency (LUHA) and authoring the Mayor or his designated representative and City Clerk to execute the Quit Claim deed and all associated documents to complete the transfer. Exhibits: The original quit claim deeds, prepared by the City Attorney’s office, are available for review in the HCD office.

ADJOURNMENT

1. Consider accepting the transfer of two vacant properties from The City of Lawton to the Lawton Urban Homesteading Agency (LUHA) and authoring the Mayor or his designated representative and City Clerk to execute the Quit Claim deed and all associated documents to complete the transfer.

INITIATOR: Assistant Director, Housing and Community Development (HCD)

STAFF INFORMATION SOURCE: City Attorney
Neighborhood Stabilization Program (NSP) Coordinator, Housing & Community Development (HCD)

BACKGROUND: The City of Lawton acquired a selection of tax foreclosed vacant properties which the City Attorney’s Office presented to Housing and Community Development Office (HCD) for potential use in Neighborhood Stabilization Program (NSP). In the NSP regulations under use E of Eligible Activities, foreclosed vacant properties are qualified for use in the program. The HCD Office intends to build single family dwelling units for low -to moderate-income persons on the lots. The two vacant properties the HCD office is requesting for transfer are:

Lot Twenty-one (21), Block One (1), White Acres Addition, to the City of Lawton, Comanche County, Oklahoma (aka: 1242 SW 25th Place).

Lot Six (6), Block Thirteen (13), Lloyd Addition, to the City of Lawton, Comanche County, Oklahoma (aka: 1415 SW E Avenue).

EXHIBITS: The original quit claim deeds, prepared by the City Attorney’s office, are available for review in the HCD office.

KEY ISSUES: The transfer of the two properties will allow the City to build two (2) single family dwellings for low- and moderate-income clients and to meet the NSP rule that states that 25% of the NSP entitlement must assist the 50% or below income group.

FUNDING SOURCE: NSP funds.

RECOMMENDED COUNCIL ACTION: Consider accepting the transfer of two vacant properties from The City of Lawton to the Lawton Urban Homesteading Agency (LUHA) and authoring the Mayor or his designated representative and City Clerk to execute the Quit Claim deed and all associated documents to complete the transfer.

AGENDA
LAWTON CITY COUNCIL REGULAR MEETING
JULY 27, 2010 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER

MEETING CALLED TO ORDER WITH INVOCATION AND PLEDGE OF ALLEGIANCE

ROLL CALL

PROCLAMATION FOR GRAND NATIONAL HORSEMEN ASSOCIATION 2010 PLAYDAY FINALS

AUDIENCE PARTICIPATION: Anyone having an item of business to present to the City Council that does not appear on the agenda, please come forward at this time.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL SPECIAL MEETING OF JULY 8, 2010 AND THE REGULAR MEETING OF JULY 13, 2010.

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.

1. Consider adopting a resolution approving the settlement by a joint petition and making payment in the workers’ compensation claim of Marshall Sutton. Exhibits: Resolution No. 2010-_____. Page 1

2. Consider approving the Contract for Sale of surplus properties located at 2505 SW A Avenue to Ralph P. Davis and Nancy A. Davis in the amount of Eight Thousand Dollars ($8,000.00), 2111 SW B Avenue to Joseph W. London in the amount of Five Thousand Nine Hundred Dollars ($5,900.00), 809 SW 4th Street to David J. Williams in the amount of One Thousand Four Hundred Dollars ($1,400.00), and authorize the Mayor and City Clerk to execute the Contract for Sale and Quit Claim Deed. Exhibits: The Contract for Sale and Quit Claim Deed are on file in the City Clerk’s office. Page 3

3. Consider approval of an Agreement in Principal with the Lawton Fort Sill Chamber of Commerce for a Contract for Services with Bill Phelps & Associates, LLC, beginning July 1, 2010 through June 30, 2011, for the purpose of providing professional consulting/lobbyist services to the City and authorize the Mayor and City Clerk to execute the Agreement. Exhibits: Proposed Consultant Agreement. Page 5

4. Consider declaring surplus two light bars and accessories to be sold by the Lawton Police Department to Paradise Valley Volunteer Fire Department. Exhibits: Letter from Paradise Valley Volunteer Fire Department. Page 9

5. Consider declaring surplus three light bars and accessories to be sold by the Lawton Police Department to Flower Mound Volunteer Fire Department. Exhibits: Letter from Flower Mound Volunteer Fire Department. Page 11
6. Consider endorsement of the 5th Annual Spirit of Survival Event as a City co-sponsored event held on October 10, 2010 and hereafter be considered as an annual city co-sponsored event in Elmer Thomas Park and approve a $5,000.00 donation to assist in funding the event. Exhibits: Letter of request from Spirit of Survival Event Cabinet and Elmer Thomas Park Standard Contract. Page 13

7. Consider approving an agreement between the Center for Creative Living Corporation and the City of Lawton for services to senior citizens. Exhibits: Center for Creative Living Agreement. Page 19

8. Consider approving the lease agreement between the City of Lawton and the Delta Nutrition Project. Exhibits: Lease Agreement. Page 25

9. Consider approving a credit adjustment in the amount of $806.12 to Ghislaine Grice’s service account #00005231 for the property at 4102 SW 52nd Street for an undetected, underground leak on the customer’s water service line. Exhibits: Invoice dated 2/20/2010 from Wichita-Snider Mechanical. Page 29

10. Consider approving the transfer of two vacant properties from the City of Lawton to the Lawton Urban Homesteading Agency and authoring the Mayor or his designated representative and City Clerk to execute the Quit Claim deed and all associated documents to complete the transfer. Exhibits: The original quit claim deeds, prepared by the City Attorney’s office, are available for review in the HCD office. Page 32

11. Consider adopting a Resolution authorizing the installation of traffic control measures on: Northbound and southbound NW 38th Street near NW 40th Street; and on eastbound NW 40th Street near NW 38th Street. Exhibits: Resolution 10-___, Traffic Commission Minutes and Traffic Issue Request. Page 33

12. Consider awarding a contract for the purchase of poly sewer pipe as part of the Sewer Rehab Stimulus Project ORF-09-0015-CW. Exhibits: None. Page 39

13. Consider approving the record plat for West Hill Addition, Part 1A, and accepting an escrow agreement in lieu of completion of functional improvements and easements outside the platted area. Exhibits: Plat Map. Escrow Agreement and Easements are on file in City Clerk’s Office. Page 40

14. Consider granting an extension of time for the performance bond for drainage improvements in Scissortail, Part 1. Exhibits: None. Page 42

15. Consider accepting a warranty deed for 0.39 acres of park land located in the SE/4 of Section 3, Township 1 North, Range 12 West as part of Park Ridge Park. Exhibits: Warranty Deed and Location Map. Page 43

16. Consider approving the Bylaws of the City Planning Commission. Exhibits: CPC Bylaws. Page 47

17. Consider extending (RFPCL09-005) Copier Contract to Bennett Office Equipment of Lawton, OK. Exhibits: Department Recommendation, Price Sheet, Contract Extension Form. Page 56

18. Consider awarding (CL10-044) Jail Food and Supplies to Indian Nation Wholesale of Durant, OK. Exhibits: Department recommendation, abstract. Page 61

19. Consider extending (CL09-006) Testing Services to Standard Testing of Lawton, OK. Exhibits: Department Recommendation, Price Sheet, Contract Extension Form. Page 68

20. Consider rejecting bids for (CL10-47) Manhole Lining Materials. Exhibits: Department Recommendation, Abstract. Page 75

21. Consider rejecting bids for (CL10-46) Precast Concrete Manholes. Exhibits: Department Recommendation, Abstract. Page 78

22. Consider approval of payroll for the period of July 12 – 25, 2010.

OLD BUSINESS ITEMS:

23. Hold a public hearing and adopt a resolution declaring the accessory structure located at 1002 S.W. “B” Avenue to be dilapidated public nuisance, thus causing a blighting influence on the community and detrimental to the public’s health and safety and the real property therewith to be a public nuisance. Authorize summary abatement of the nuisance. Authorize the City Attorney to commence legal action in District Court to abate the nuisance. Further authorize Neighborhood Services to solicit bids to raze and remove the dilapidated structure, if necessary. Exhibits: Resolution No 10-_____. Summary documents with supporting photos, reports from the Inspectors, and case history are available from Neighborhood Services. Page 82

NEW BUSINESS ITEMS:

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 classification located at 2329 SW H Avenue. Exhibits: Ordinance No. 10-___,
Location Map, Site Plan, Application, CPC Minutes and Petition with Map. Page 86

25. Hold public hearings and adopt resolutions declaring the structures located at 308 N.W. 15th street, 1003 S.W. Washington Avenue, 1005 S.W. Washington Avenue, 1301 S.W. Park Avenue, 1310 S.W. Pennsylvania Avenue, 1409 S.W. “G” Avenue, 1611 S.W. “E” Avenue, 2013 S.W. Monroe Avenue and 2820 N.W. 26th Street to be dilapidated, detrimental to the health, safety or welfare of the general public and community, a blighting influence, and a public nuisance; directing the owner(s) to abate the nuisance by obtaining a remodel or demolition permit within thirty (30) days; authorizing summary abatement of the nuisance should the owner(s) fail to abate the nuisance; and alternatively authorizing the City Attorney to commence legal action in District Court to abate the nuisance if summary abatement is not economically practical. Exhibits: Nine resolutions. Summary documents with supporting photos, reports from the Fire Marshal, Housing Inspectors, and case history are available from Neighborhood Services.
Page 113
26. Consider a resolution relating to the Lawton Conference Center Project; authorizing certain actions pursuant to the Lawton Downtown Economic Development Project Plan, Increment District No. 2, City of Lawton, pursuant to the Local Development Act, 62 Oklahoma Statutes, § 850, et seq., as amended; authorizing the proposed Hotel-Conference Center Development Agreement with Lawton Hospitality, LTD.; authorizing the proposed loan agreement with the Comanche County Industrial Development Authority (“CCIDA”); authorizing the proposed Function Space License Agreement with Lawton Hospitality, LTD.; authorizing the Officers of the Lawton Economic Development Authority (“LEDA”) to execute the development agreement, loan agreement, and license agreement; authorizing the pledge of available revenue sources, including apportionment of tax increments as authorized by Article 10, §6C of the Oklahoma Constitution, where applicable; authorizing LEDA’s incurring indebtedness and waiving competitive bidding on the sale and issuance of evidence of indebtedness; and authorizing supporting actions. Exhibits: Hotel-Conference Center Development Agreement, Function Space License Agreement, $1.5 Million Lawton Downtown Economic Development Project Plan – Tax Apportionment Revenue Note and CCIDA – LEDA Loan Agreement - $1.5 Million. Page 141

27. Consider approving plans and specifications for the NW Gore Boulevard Overlay Project #2010-8 and authorizing staff to advertise for bids. Exhibits: None. Page 177

28. Consider an ordinance amending Section 15-1-108, Article 15-1, Chapter 15, Lawton City Code, 2005, pertaining to the city having power to define and summarily abate nuisances, providing for severability, and declaring an emergency. Exhibits: Ordinance 2010-____. Page 178

29. Consider an ordinance pertaining to trespassing amending section 16-3-1-316, Division 16-3-1, Article 16-1, Chapter 16, Lawton City Code, 2005, by adding that it is not only unlawful to enter a premise, but it is also unlawful to remain upon that premise. Providing for codification, severability, and declaring an emergency. Exhibits: Ordinance 2010-____. Page 181

30. Consider an ordinance amending Section 6-5-1-503, Division 6-5-1, Article 6-5, Chapter 6, Lawton City Code, 2005, pertaining to amendments to International Property Maintenance Code, 2006 edition, specifically paragraph C of Section 6-5-1-503 which amends “Section 107.1- Notice to person responsible” of the International Property Maintenance Code, 2006, providing for severability, and declaring an emergency. Exhibits: Ordinance 2010-____. Page 185

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER

BUSINESS ITEMS: EXECUTIVE SESSION ITEMS

31. Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss negotiations for a Collective Bargaining Agreement for FY 2010-2011, between the American Federation of State, County and Municipal Employees (AFSCME) Local 3894, and, if necessary, take appropriate action in open session. Exhibits: None. Page 188

ADJOURNMENT

1. Consider adopting a resolution approving the settlement by a joint petition and making payment in the workers’ compensation claim of Marshall Sutton.

INITIATOR: City Attorney

STAFF INFORMATION SOURCE: City Attorney

BACKGROUND: This matter involves the workers’ compensation claim of Marshall Sutton, a former Senior Equipment Operator with the City of Lawton Water Distribution Department who alleges an injury to the neck on July 1, 2007. Settlement has been reached subject to City Council approval with the claimant agreeing to accept the City’s offer of $30,780.00.

It was the opinion of the City’s Workers’ Compensation attorney that the award was consistent with the medical evidence.

EXHIBITS: Resolution No. 2010-_____

KEY ISSUES: N/A

FUNDING SOURCE: Sinking Fund

RECOMMENDED COUNCIL ACTION: Adopt a resolution approving the settlement by a joint petition and making payment in the pending workers’ compensation claim of Marshall Sutton.

INITIATOR: City Attorney

STAFF INFORMATION SOURCE: City Attorney

BACKGROUND: On June 22, 2010, the City Council declared properties located at 2505 SW A Avenue as surplus property and authorized the same to be sold at public auction with a minimum bid amount of Four Thousand Five Hundred Dollars ($4,500.00). On July 13, 2010 a public auction was held, and Ralph P. Davis and Nancy A. Davis submitted the highest bid in the amount of Eight Thousand Dollars ($8,000.00).

The City Council declared property located at 2111 SW B Avenue as surplus property and authorized the same to be sold at public auction with a minimum bid amount of Five Thousand Nine Hundred Dollars $5,900.00). On July 13, 2010 a public auction was held, and Joseph W. London submitted the highest bid in the amount of Five Thousand Nine Hundred Dollars ($5,900.00).
The City Council declared property located at 809 SW 4th Street as surplus property and authorized the same to be sold at public auction with a minimum bid amount of One Thousand Four Hundred Dollars ($1,400.00.) On July 13, 2010 a public auction was held, and David J. Williams submitted the highest bid in the amount of One Thousand Four Hundred Dollars ($1,400.00

EXHIBITS: The Contract for Sale and Quit Claim Deed are on file in the City Clerk’s office.

KEY ISSUES: N/A

FUNDING SOURCE: N/A

RECOMMENDED COUNCIL ACTION: Approve the Contract for Sale of surplus properties located at 2505 SW A Avenue to Ralph P. Davis and Nancy A. Davis, 2111 SW B Avenue to Joseph W. London, and 809 SW 4th Street to David J. Williams, and authorize the Mayor and City Clerk to execute the Contract for Sale and Quit Claim Deed.

INITIATOR: City Manager

STAFF INFORMATION SOURCE: City Manager

BACKGROUND: Bill Phelps & Associates, LLC, has provided consultation and lobbying services to the City of Lawton and the Lawton-Fort Sill Chamber of Commerce. The Agreement in Principal between the City of Lawton and Lawton Fort Sill Chamber provides for joint responsibility to exercise good faith and effort in retaining Bill Phelps & Associates for all purposes provided in the Contract for Services.

As Legislative Consultant, Bill Phelps & Associates would represent the City’s position on State legislative matters to State elected officials and to other persons as necessary to achieve the City’s desired objectives. His firm would work with the Office of the City Manager, understanding the goals and needs of the City and determine the appropriate action to be taken to achieve the City’s desired objectives and keep the City Manager informed of such action during the State legislative session. The contract would begin July 1, 2010 through June 30, 2011.

While issues affecting the City of Lawton are similar to those covered by the Oklahoma Municipal League, OML represents both small and large cities. The City of Lawton would profit from having their own lobbyist to concentrate on the issues most detrimental to the City of Lawton.

Bill Phelps’ seventeen years of experience includes state level regulatory and legislative lobbying.

EXHIBITS: Proposed Consultant Agreement

FUNDING SOURCE: General Fund, City-at-Large

RECOMMENDED COUNCIL ACTION: Approve an Agreement in Principal with the Lawton Fort Sill Chamber of Commerce for a Contract for Services with Bill Phelps & Associates, LLC, beginning July 1, 2010 through June 30, 2011, for the purpose of providing professional consulting/lobbyist services to the City and authorize the Mayor and City Clerk to execute the Agreement.

4. Consider declaring surplus two light bars and accessories to be sold by the Lawton Police Department to Paradise Valley Volunteer Fire Department.

INITIATOR: Police Chief.

STAFF INFORMATION SOURCE: Police Chief.

BACKGROUND: Recently our office was contacted by the Paradise Valley Volunteer Fire Department inquiring of two light bars and accessories to help equip their new brush trucks. The request is for older equipment and no longer utilized by the Lawton Police Department.

EXHIBITS: Letter from Paradise Valley Volunteer Fire Department

KEY ISSUES: According to past practices the Lawton Police Department has tried to help the rural departments with equipment we no longer use.

FUNDING SOURCE: Paradise Valley Volunteer Fire Department

RECOMMENDED COUNCIL ACTION: Sale for the sum of $1.00 each 2 light bars with switch boxes to be paid by Paradise Valley Volunteer Fire Department.

5. Consider declaring surplus three light bars and accessories to be sold by the Lawton Police Department to Flower Mound Volunteer Fire Department.

INITIATOR: Police Chief.

STAFF INFORMATION SOURCE: Police Chief.

BACKGROUND: Recently our office was contacted by the Flower Mound Volunteer Fire Department inquiring of three light bars and accessories to help equip two old sets and one that currently does not have any lights. The request is for older equipment that is no longer utilized by the Lawton Police Department.

EXHIBITS: Letter from Flower Mound Volunteer Fire Department

KEY ISSUES: According to past practices the Lawton Police Department has tried to help the rural departments with equipment we no longer use.

FUNDING SOURCE: Flower Mound Volunteer Fire Department

RECOMMENDED COUNCIL ACTION: Sale for the sum of $1.00 each 3 light bars with accessories to be paid by Flower Mound Volunteer Fire Department.

6. Consider endorsement of the 5th Annual Spirit of Survival Event as a City co-sponsored event held on October 10, 2010 and hereafter be considered as an annual city co-sponsored event in Elmer Thomas Park and approve a $5,000.00 donation to assist in funding the event.

INITIATOR: Parks and Recreation Director
Councilman Bill Shoemate

INFORMATION SOURCE: Parks and Recreation Director
Spirit of Survival Event Cabinet

BACKGROUND: The past four Spirit of Survival events have been held in the Wildlife Refuge near Medicine Park. This year the event coordinators have selected Elmer Thomas Park in Lawton as the site for the 5th Annual Spirit of Survival. The past four events have been co-sponsored by the City of Lawton. This year the committee is asking for permission to use Elmer Thomas Park for the event and for the City of Lawton to co-sponsor this event. Last year’s commitment was provided with the services of the Fire Department, Police Department, Public Works and the Parks and Recreation Department with different levels of in-kind services to include a $10,000.00 contribution from the City Council. This year the SOS is requesting a $5,000.00 donation from COL to be recognized as a presenting sponsor. This donation would then recognize the COL as a lead sponsor in all event promotions and materials. For services to be provided the City of Lawton, Council approved a standard procedure which requires all services to be approved by City Council- Chapter 7-31-1-3101-3112 and for such events to be recognized as a co-sponsored event in Elmer Thomas Park when necessary for all fees to be waived.

EXHIBITS: Letter of request from Spirit of Survival Event Cabinet
Elmer Thomas Park Standard Contract

KEY ISSUES: Does the City of Lawton want to grant permission to the Spirit of Survival Cabinet permission to use Elmer Thomas Park and consider this event a co-sponsored event?

FUNDING SOURCE: Hotel-Motel Tax.

RECOMMENDED COUNCIL ACTION: Authorize and endorse the Spirit of Survival Event as a City of Lawton co-sponsored event on October 10, 2010 and hereafter be considered as a city co-sponsored event in Elmer Thomas Park approve a $5,000.00 donation to assist funding the event.

7. Consider approving an agreement between the Center for Creative Living Corporation and the City of Lawton for services to senior citizens.

INITIATOR: Parks and Recreation Director
Center for Creative Living, Inc

STAFF INFORMATION SOURCE: Parks and Recreation Director

BACKGROUND: Since FY 1984-85 the City and the Center for Creative Living Corporation have had an agreement in which the City provided funds to the Center for Creative Living for services to senior citizens.

The approved 2010-2011 budget amount for this item is $18,000.

The proposed agreement reflects a commencement date of July 1, 2010 with money being paid to the Center for Creative Living in four (4) equal payments, each totaling $4,500.

The Center for Creative Living Corporation submits a quarterly report that contains information concerning activities and attendance in their different programs. These reports are on file in the Parks and Recreation Department.

EXHIBITS: Center for Creative Living Agreement

KEY ISSUES: None.

FUNDING SOURCE: General Fund, Parks and Recreation Department Budget 2010-2011, Activity 44, Recreation Services.

RECOMMENDED COUNCIL ACTION: Approve the agreement between the City and the Center for Creative Living Corporation for services to senior citizens for 2010-2011 in the amount of $18,000.

8. Consider approving the lease agreement between the City of Lawton and the Delta Nutrition Project.

INITIATOR: Parks and Recreation Director
Delta Nutrition Project Director

STAFF INFORMATION SOURCE: Parks and Recreation Director

BACKGROUND: Delta sponsors and operates a nutrition program for the aged, called the Delta Nutrition Project; the project is approved and funded by the Department of Human Services, Special Unit on Aging, of the State of Oklahoma.

The City has leased its facilities for over 25 years for the purpose of operating a nutrition program for seniors. The nutrition program has operated at the H.C. King and Patterson Recreation Centers under the administration of the Comanche County Nutrition Project Authority. The program will continue under the administration of the Delta Nutrition Project.

Delta shall pay a set rate to reimburse the City for electric and natural gas services.

EXHIBITS: Lease Agreement

KEY ISSUES: Does the City of Lawton wish to provide a lease agreement for the purpose of assisting the Delta Nutrition Project at the H.C. King and Patterson Centers?

FUNDING SOURCE: N/A

RECOMMENDED COUNCIL ACTION: Approve lease agreement between the City of Lawton and the Delta Nutrition Project.

INITIATOR: Finance Director
Revenue Services Supervisor

STAFF INFORMATION SOURCE: Finance Director
Revenue Services Supervisor

BACKGROUND: Ghislaine Grice is the account holder for the property located at 4102 SW 52nd Street. Consumption for the period from 12/23/09 to 1/25/10 was 91,000 gallons and from 1/25/10 to 2/23/10 it was 176,000 gallons. This monthly usage is unusually high for this account and was due to an underground leak on the customer’s service line. The leak was repaired on February 20, 2010, by Wichita-Snider Mechanical as evidenced by the attached invoice. This leak situation meets the criteria set out in City Code Section 22-2-1-215-D. for approval of an adjustment to the customer’s service account. The calculated adjustment amount for the affected months’ bills is $806.12. City Code Section 22-2-1-215-D.10 requires this request for an adjustment to go before City Council since the amount exceeds $500.

EXHIBITS: Invoice dated 2/20/2010 from Wichita-Snider Mechanical

KEY ISSUES: Should the City authorize a credit adjustment to Ghislaine Grice’s service account #00005231 in the amount of $806.12 for two months’ bills for an undetectable, underground leak on the water service line at 4102 SW 52nd Street?

FUNDING SOURCE: N/A

RECOMMENDED COUNCIL ACTION: Approve a credit adjustment to Ghislaine Grice’s service account #00005231 for two months’ bills in the amount of $806.12 for an undetectable, underground leak on the customer’s water service line at 4102 SW 52nd Street.

INITIATOR: Assistant Director, Housing and Community Development (HCD)

STAFF INFORMATION SOURCE: City Attorney
Neighborhood Stabilization Program (NSP) Coordinator, Housing & Community Dev. (HCD)

Lot Twenty-one (21), Block One (1), White Acres Addition, to the City of Lawton, Comanche County, Oklahoma (aka: 1242 SW 25th Place).

Lot Six (6), Block Thirteen (13), Lloyd Addition, to the City of Lawton, Comanche County, Oklahoma (aka: 1415 SW E Avenue).

EXHIBITS: The original quit claim deeds, prepared by the City Attorney’s office, are available for review in the HCD office.

KEY ISSUES: The transfer of the two properties will allow the City to build two (2) single family dwellings for low- and moderate-income clients and to meet the NSP rule that states that 25% of the NSP entitlement must assist the 50% or below income group.

FUNDING SOURCE: Neighborhood Stabilization Program Funds

RECOMMENDED COUNCIL ACTION: Approve the transfer of 1242 SW 25th Place and 1415 SW E Avenue from the City of Lawton to the Lawton Urban Homesteading Agency and authoring the Mayor or his designated representative and City Clerk to execute the Quit Claim deed and all associated documents to complete the transfer..

INITIATOR: Public Works Director/City Engineer

STAFF INFORMATION SOURCE: Public Works Director/City Engineer

BACKGROUND: At the July 15, 2010 meeting, the Traffic Commission recommended
approval of the following traffic control measures to the City Council:

Consider a request (10-12) from Laura Garrett, Assistant Director of Holy Cross Learning Center to install school zone speed limit assembly signs on NW 38th Street for the Learning Tree Academy School;

EXHIBITS: Resolution No. 10- _____
Traffic Commission Minutes and Traffic Issue Request.

KEY ISSUES: N/A

FUNDING SOURCE: N/A

STAFF RECOMMENDED COUNCIL ACTION: Adopt Resolution No. 10-____
authorizing the installation of traffic control measures on: Northbound and southbound NW 38th Street near NW 40th Street; and on eastbound NW 40th Street near NW 38th Street.

12. Consider awarding a contract for the purchase of poly sewer pipe as part of the Sewer Rehab Stimulus Project ORF-09-0015-CW.

INITIATOR: Public Works Director/City Engineer

STAFF INFORMATION SOURCE: Public Works Director/City Engineer

BACKGROUND: The Oklahoma Water Resources Board (OWRB) included several Sewer Rehab projects in the CWSRF FY2010 Priority List which are eligible for Stimulus Funding. As part of this funding project, a portion of the poly sewer pipe for the approved projects were advertised and bid. Bids were received on November 17, 2009 and awarded on December 1, 2009 for the first portion of pipe ordered and received on December 29, 2009 and awarded on January 12, 2010 for the second portion of pipe ordered for these projects.

A Notice to Bidders was advertised on June 16th and 23rd and bid packages were sent out to interested bidders. Bids were received and opened on July 20, 2010. As required, the bid information and recommendation for award has been provided to the OWRB. The following is a bid tabulation of the responsive bids received.

# Description QTY Unit Water Products Ferguson
1 12" DR17 Poly 3100 LF $9.85 $ 30,535.00 $10.250 $ 31,775.00
2 12" PVC 300 LF $5.45 $ 1,635.00 $5.220 $ 1,566.00
TOTAL BID AMOUNT $ 32,170.00 $ 33,341.00

It is recommended to award the bid to the lowest responsive bidder, Water Products, Owasso Oklahoma in the amount of $32,170.00. All bidding requirements have been met.

EXHIBITS: None

KEY ISSUES: None

FUNDING SOURCES: Sewer Rehab FY 10/11 Construction Budget

STAFF RECOMMENDED COUNCIL ACTION: Award a contract for the purchase of poly pipe to Water Products in the amount of $32,170.00 as part of the Sewer Rehab Stimulus Project ORF-09-0015-CW.

13. Consider approving the record plat for West Hill Addition, Part 1A, and accepting an escrow agreement in lieu of completion of functional improvements and easements outside the platted area.

INITIATOR: Community Services Director

STAFF INFORMATION SOURCE: Planning Director

BACKGROUND: West Hill Addition, Part 1A is located north of SW Lee Boulevard east of SW 82nd Street and contains 41 single-family residential lots. The land is zoned R-1 (Single Family Dwelling District). The developer is Sooner Traditions and the consulting engineer is Coon Engineering.

The construction plat for this subdivision was approved by the City Planning Commission on August 14, 2008 and by the City Council on August 26, 2008.

The record plat has been reviewed and found to be satisfactory. The improvements have been inspected, and there are functional improvements that remain to be completed (streets, waterline, sewerline and drainage). The developer has submitted an escrow agreement in the amount of $50,000 as surety that the improvements will be completed. The improvements and maintenance bonds will be considered for acceptance by Council when the improvements have been completed and re-inspected. The developer has submitted public utility and drainage easements and is platting 1.66 acres of private parkland. The amount of park land required for Part 1A is 0.40 acres.

The City Planning Commission conditionally approved the record plat on July 15, 2010. All conditions have been met.

EXHIBITS: Plat Map
Escrow Agreement and Easements are on file in City Clerk’s Office

KEY ISSUES:

FUNDING SOURCE: N/A

RECOMMENDED ACTION: Approve the record plat for West Hill Addition, Part 1A, and accept the escrow agreement, and easements.

14. Consider granting an extension of time for the performance bond for drainage improvements in Scissortail, Part 1.

INITIATOR: Community Services Director

STAFF INFORMATION SOURCE: Planning Director

BACKGROUND: On February 24, 2009, the City Council approved the record plat for Scissortail, Part 1 and accepted a performance bond for the drainage improvements. The amount of the performance bond for the public drainage improvements is $93,875.00. The original completion date of the bond was August 23, 2009, and the term was extended to October 22, 2009, December 16, 2009, January 27, 2010, March 12, 2010, April 30, 2010 and July 30, 2010. The extensions were requested to allow the developer time to submit a change order to the approved plans and complete the drainage improvements. On December 15, 2009, Council directed staff to not issue any more building permits for new home construction until all improvements are complete and public improvements are accepted by Council. The developer has begun work on the drainage improvements but has been unable to complete construction due to weather conditions. The developer is requesting the term of the performance bond be extended to September 30, 2010. Staff recommends that the City continue the suspension of issuing building permits for new homes until all of the improvements are complete and the public improvements are accepted by Council.

EXHIBITS: None.

KEY ISSUES: If the term of the performance bond is not extended, staff will have to call the bond to pay the cost of completion of the improvements.

FUNDING SOURCE: N/A

RECOMMENDED ACTION: Extend the term of the performance bond for drainage improvements in Scissortail, Part 1, to September 30, 2010 and continue the suspension of issuing building permits for new home construction in Scissortail, Part 1, until all improvements are complete and public improvements are accepted by Council.

15. Consider accepting a warranty deed for 0.39 acres of park land located in the SE/4 of Section 3, Township 1 North, Range 12 West as part of Park Ridge Park.

INITIATOR: Community Services Director

STAFF INFORMATION SOURCE: Planning Director

BACKGROUND: In researching park land dedicated to the City, an original deed for 0.39 acres of park land for Park Ridge Park was found. This deed was signed by the property owner, Alfred Espinosa, President of KAR-TER of Lawton, Inc.; however, the deed has not been filed in the County Clerk’s Office. This 0.39 acre tract would fill the gap that currently exists in Park Ridge Park.

EXHIBITS: Warranty Deed
Location Map

KEY ISSUES: Acceptance of this deed would eliminate the gap in Park Ridge Park.

FUNDING SOURCE:

RECOMMENDED ACTION: Accept the deed for 0.39 acres of land.

16. Consider approving the Bylaws of the City Planning Commission.

INITIATOR: City Planning Commission

STAFF INFORMATION SOURCE: Planning Director

BACKGROUND: The attendance provision of the City Planning Commission Bylaws followed the City Code provision which states any Commission member “who is absent from three (3) consecutive regular and/or special meetings shall automatically cease to hold such appointed office, and the office shall therefore immediately be declared vacant.” At the request of the Commission, an ordinance amending the attendance requirements of the CPC was adopted by the City Council on June 22, 2010. The ordinance created Section 2-3-2-316 which states:

“Subject to approval by the Lawton City Council, the municipal planning commission may adopt such bylaws for the orderly governance of the commission, the conduct of its meetings, the attendance of its members at its meetings and such other matters as the commission may deem appropriate. The bylaws may provide for removal of appointed members for absenteeism and for excusing members’ absences from meetings.”

On July 15, 2010, the CPC, by a vote of 7 – 0, amended the Bylaws as follows:

“In the event of a personal matter, business trip, family vacation, job requirement, sickness, or other physical disability that prohibits a Commissioner from attending a scheduled meeting, the Commissioner shall notify the Chairperson or Secretary as early as possible prior to the beginning of the meeting of his/her inability to attend. The Commission member upon this notification may receive an excused absence. There shall be a limit of two (2) consecutive unexcused absences for any member of the Planning Commission. If any Commission member exceeds two (2) unexcused absences from consecutive scheduled regular meetings, the Commissioner may be subject to removal by the City Council.”

Per Section 2-3-2-316 of the City Code, Council must approve the Bylaws.

EXHIBITS: CPC Bylaws

KEY ISSUES:

FUNDING SOURCE: N/A

RECOMMENDED ACTION: Approve the City Planning Commission Bylaws.

17. Consider extending (RFPCL09-005) Copier Contract to Bennett Office Equipment of Lawton, OK.

INITIATOR: Finance Director

STAFF INFORMATION SOURCE: Fiscal Specialist
Financial Services Supervisor

BACKGROUND: The contract (RFPCL09-005) Copier Contract is currently in effect. The vendor, Bennett Office Equipment of Lawton, OK, has agreed to the contract extension at the same terms and prices that are currently in effect. The recommendation has been received from the Fiscal Specialist that the contract be extended. The original contract prices are listed on the attached Price Sheet.

EXHIBITS: Department Recommendation, Price Sheet, Contract Extension Form

KEY ISSUES: Does the City of Lawton wish to extend (RFPCL09-005) Copier Contract to Bennett Office Equipment of Lawton, OK?

FUNDING SOURCE: Various 221 (Rentals, Publication & Printing) Accounts

RECOMMENDED COUNCIL ACTION: Extend (RFPCL09-005) Copier Contract to Bennett Office Equipment of Lawton, OK.

18. Consider awarding (CL10-044) Jail Food and Supplies to Indian Nation Wholesale of Durant, Ok.

INITIATOR: Chief of Police

STAFF INFORMATION SOURCE: Division Commander Technical Services Div.
Financial Services Supervisor

BACKGROUND: The City of Lawton solicited bids for (CL10-044) Jail Food and Supplies. Bid packets were mailed to five vendors. Two bid packets were submitted. Amount budgeted is $100,000.00 from account 001-1068-00000-02010000.

EXHIBITS: Department recommendation, abstract

KEY ISSUES: Does the City of Lawton wish to award (CL10-044) Jail Food and Supplies to Indian Nation Wholesale of Durant, Ok?

FUNDING SOURCE: General Fund

RECOMMENDED COUNCIL ACTION: Award (CL10-044) Jail Food and Supplies to Indian Nation Wholesale of Durant, Ok.

19. Consider extending (CL09-006) Testing Services to Standard Testing of Lawton, Ok.

INITIATOR: Public Works Director/City Engineer

STAFF INFORMATION SOURCE: Assistant Director of Engineering
Financial Services Supervisor

BACKGROUND: The contract (CL09-006) Testing Services is currently in effect. The vendor, Standard Testing of Lawton, Ok, has agreed to the contract extension at the same terms and prices that are currently in effect. The recommendation has been received from the Assistant Director of Engineering that the contract be extended. The original contract prices are listed on the attached Price Sheet.

EXHIBITS: Department Recommendation, Price Sheet, Contract Extension Form

KEY ISSUES: Does the City of Lawton wish to extend (CL09-006) Testing Services to Standard Testing of Lawton, Ok?

FUNDING SOURCE: Various 231 (Professional Services) Accounts

RECOMMENDED COUNCIL ACTION: Extend (CL09-006) Testing Services to Standard Testing of Lawton, Ok

20. Consider rejecting bids for (CL10-47) Manhole Lining Materials.

INITIATOR: Public Works Director

STAFF INFORMATION SOURCE: SSTD Engineer
Financial Services Supervisor

BACKGROUND: The bid packet for (CL10-047) Manhole Lining Materials went out for bids on June 15, 2010. Sealed bids were opened June 29, 2010 and all information sent to the SSTD Engineer on June 30, 2010. The recommendation has been received from the SSTD Engineer that all bids be rejected. Bid item no. 2 had proprietary constraints and therefore should not have been included in this bid package. Staff feels it is best to reject all bids and re-bid the contract after making adjustments to the specifications.

EXHIBITS: Department Recommendation, Abstract

KEY ISSUES: Does the City of Lawton wish to reject bids for (CL10-47) Manhole Lining Materials?

FUNDING SOURCE:

RECOMMENDED COUNCIL ACTION: Reject bids for (CL10-47) Manhole Lining Materials.

21. Consider rejecting bids for (CL10-46) Precast Concrete Manholes.

INITIATOR: Public Works Director

STAFF INFORMATION SOURCE: SSTD Engineer
Financial Services Supervisor

BACKGROUND: The bid packet for (CL10-046) Precast Concrete Manholes went out for bids on June 15, 2010. Sealed bids were opened June 29, 2010 and all information sent to the SSTD Engineer on June 30, 2010. The recommendation has been received from the SSTD Engineer that all bids be rejected because the sole bidder’s unit price bid submitted was for “each manhole” completed when the specifications clearly require a “linear foot” price quote. Staff feels it is best to reject the sole bidder and re-bid the contract.

EXHIBITS: Department Recommendation, Abstract

KEY ISSUES: Does the City of Lawton wish to reject bids for (CL10-46) Precast Concrete Manholes?

FUNDING SOURCE:

RECOMMENDED COUNCIL ACTION: Reject bids for (CL10-46) Precast Concrete Manholes.

22. Consider approval of payroll for the period of July 12-25, 2010.

23. Hold public hearing and adopt a resolution declaring the accessory structure located at 1002 S.W. “B” Avenue to be dilapidated public nuisance, thus causing a blighting influence on the community and detrimental to the public’s health and safety and the real property therewith to be a public nuisance. Authorize summary abatement of the nuisance and authorize the City Attorney to commence legal action in district court to abate the nuisance and further authorize Neighborhood Services to solicit bids to raze and remove the dilapidated structure, if necessary

INITIATOR: Neighborhood Services

STAFF INFORMATION SOURCE: Neighborhood Services Supervisor

BACKGROUND: This item was last brought before the City Council on May 11, 2010 and was tabled for sixty (60) days giving the Titleholder who is working in Afghanistan time to respond to possible dilapidated resolution. The Titleholder agreed that the accessory structure should be razed and has given the City of Lawton written permission to demolish the structure and perfect its lien against the property for all associated cost

The attached resolution declares this structure to be dilapidated and must be demolished. The property owner, as indicated on the attached resolution, has been notified of this public hearing by certified mail and the property has been posted.

EXHIBITS: Resolution No 10-_____. Summary documents with supporting photos, reports from the Inspectors, and case history are available from Neighborhood Services.

KEY ISSUES: Should this structure be declared dilapidated, detrimental to the health, safety or welfare of the general public and community, a blighting influence and a public nuisance? Should this structure be demolished to reduce or eliminate the risks to public health and safety, and the blighting influence on the community?

FUNDING SOURCE: Neighborhood Services Demolition Funds (if appropriate).

RECOMMENDED COUNCIL ACTION: Consider adopting Resolution No 10-____ declaring this structure to be dilapidated and dangerous, fire hazards, detrimental to public health and safety, and a blighting influence on the community and the real property therewith a public nuisance. Upon adoption of said resolution, the property owner will have 30 calendar days to obtain a permit to demolish the structure in accordance with requirements of the Lawton City Code. If property owner fails to do so, the City will abate the nuisance and, where appropriate, the City Attorney will initiate legal action in District Court and Neighborhood Services will pursue demolition and removal of the offending structures.

INITIATOR: Community Services Director

STAFF INFORMATION SOURCE: Planning Director

BACKGROUND: This request includes Lots 29 – 36, Block 8, Sunset Place Addition, which measures 200 feet by 137 feet (27,400 square feet). The lots are currently vacant, and the proposed use is a 16-unit apartment complex. The R-3 district would allow only 12 units to be developed on the 27,400 square feet of land area. The R-4 district would allow 16 units; therefore, a request was submitted to rezone the property to R-4. The applicant and property owner is Steve Rich.

The zoning of the surrounding area is R-3 to the north, south, and west and C-5 to the east. The land use of the surrounding area is single-family residential (mobile homes) and vacant to the north, single-family residential to the south, commercial (plumbing office and roofing office) to the east, and single-family residential and church to the west. The 2030 Land Use Plan designates these lots as Residential/High Density.

The City Planning Commission (CPC) held a public hearing on this request on July 15, 2010. One person spoke in favor of the request, and one person spoke against the request at the public hearing. A petition against the request has been submitted. The petition contains signatures of
property owners representing 45 percent of the lots within 300 feet of the requested area. The reasons against the rezoning request stated in the petition include concerns of increased traffic, crime and absentee landlords that they believe are associated with apartment complexes. The CPC, by a vote of 6 – 0, recommended approval of the request to R-4 subject to including a note on the site plan that patios on the north and west sides of the apartment complex will not be covered (the patios extend into the side yard and rear yard setbacks) and that no balcony will extend into the required setback.

In their approval of this request, the CPC noted that the majority of the concerns as stated in the petition were focused on the negative impacts that an apartment complex might have on their neighborhood. However, due to the existing R-3 zoning, this request was not a question of whether apartments were appropriate on the subject property, but rather would a 16 unit apartment complex create a significantly greater impact on the neighborhood than a 12 unit complex. In this instance, the commissioners felt that the positives associated with the new investment in transitional area outweighed any negative impact that the additional units might produce.

Notice of public hearing was mailed on June 24, 2010, to 36 property owners within 300 feet of the requested area, and proper notice was published in The Lawton Constitution on July 12, 2010.

EXHIBITS: Ordinance No. 10-___
Location Map
Site Plan
Application
CPC Minutes
Petition with Map

KEY ISSUES:

FUNDING SOURCE: N/A

RECOMMENDED ACTION: Hold a public hearing and adopt Ordinance No. 10-___, waive the reading of the ordinance, read the title only, and require the site plan to include a note that patios on the north and west sides of the apartment complex will not be covered and that no balcony will extend into the required setback.

INITIATOR: Neighborhood Services

STAFF INFORMATION SOURCE: Neighborhood Services Supervisor

BACKGROUND: The structure(s), listed above, have been inspected and found to be dilapidated, detrimental to the health, safety or welfare of the general public and community, a blighting influence, and a public nuisance.

The attached resolution declares the structure(s) on each property identified above to be dilapidated and directs that the same be remodeled or demolished by the property owner(s) in compliance with the City’s building code. The property owner(s) and any mortgage holder(s), as indicated on the attached resolution, have been notified of this public hearing by certified mail and a Notice of Hearing was posted on each property as well.

EXHIBITS: Nine resolutions. Summary documents with supporting photos, reports from the Fire Marshal, Housing Inspectors, and case history are available from Neighborhood Services.

KEY ISSUE: Should the resolution(s) be adopted?

FUNDING SOURCE: Neighborhood Services Demolition Funds (if appropriate).

RECOMMENDED COUNCIL ACTION: Adopt resolutions declaring the structure(s) on each property listed above to be dilapidated, detrimental to the health, safety or welfare of the general public and community, a blighting influence, and a public nuisance; directing the owner(s) to abate the nuisance by obtaining a remodel or demolition permit within thirty (30) days; authorizing summary abatement of the nuisance should the owner(s) fail to abate the nuisance; and alternatively authorizing the City Attorney to commence legal action in District Court to abate the nuisance if summary abatement is not economically practical.

26. Consider a resolution relating to the Lawton Conference Center Project; authorizing certain actions pursuant to the Lawton Downtown Economic Development Project Plan, Increment District No. 2, City of Lawton, pursuant to the Local Development Act, 62 Oklahoma Statutes, § 850, et seq., as amended; authorizing the proposed Hotel-Conference Center Development Agreement with Lawton Hospitality, LTD.; authorizing the proposed loan agreement with the Comanche County Industrial Development Authority (“CCIDA”); authorizing the proposed Function Space License Agreement with Lawton Hospitality, LTD.; authorizing the Officers of the Lawton Economic Development Authority (“LEDA”) to execute the development agreement, loan agreement, and license agreement; authorizing the pledge of available revenue sources, including apportionment of tax increments as authorized by Article 10, §6C of the Oklahoma Constitution, where applicable; authorizing LEDA’s incurring indebtedness and waiving competitive bidding on the sale and issuance of evidence of indebtedness; and authorizing supporting actions.

INITIATOR: City Manager

STAFF INFORMATION SOURCE: City Manager, Larry Mitchell
City Finance Director, Rick Endicott
City Attorney, Frank Jensen

BACKGROUND: On June 8, 2010, the City Council adopted and approved the Amended Lawton Economic Development Project Plan (“Project Plan”) and established Increment District No. 2, City of Lawton (“Increment District No. 2”) to further the revitalization of downtown Lawton and the objectives of the D-6 Urban Renewal Plan. Increment District No. 2 is located within the D-6 Urban Renewal Plan project area and is an area where many of the Project Plan activities will occur, including the construction and operation of a Hotel and Conference Center. The development and operation of a conference center (“Conference Center”) and supporting hotel (“Hotel”) is a major component of the redevelopment and revitalization activities. The Conference Center will contain at least 20,000 square feet of flexible meeting space, including ballrooms, boardrooms, and breakout rooms. The Conference Center will provide a public venue of meetings, events and conferences. LEDA has negotiated a development agreement for the development of such Hotel and Conference Center with Lawton Hospitality, LTD. Pursuant to the development agreement, the Hotel and Conference Center must be developed in accordance with plans and designs approved by LEDA.

Increment District No. 2 is an ad valorem, sales and use, and hotel occupancy tax increment district and provides public funding sources necessary to support the redevelopment and revitalization activities of the Project Plan. Pursuant to the Project Plan, LEDA is authorized to issue tax apportionment notes and incur related costs to provide the necessary public funding and financing assistance to implement the Project Plan and achieve the redevelopment objectives. LEDA from time to time, as necessary and appropriate, to finance authorized Project Plan costs will tender private and public offering of tax apportionment revenue obligations in an aggregate amount not to exceed $30 Million. At this time, the necessary public financing assistance to be provided by LEDA is:

Pursuant to a loan agreement with CCIDA, LEDA will issue a $1.5 Million tax apportionment revenue note to CCIDA. The note will be repaid by sales tax increments from Increment District No. 2 as determined by and limited to the calculation of undedicated sales tax revenues from the operation of the Hotel and Conference Center. The funds from the note will be used to provide development financing for public improvements, including parking, utilities, and public conference facilities.

Pursuant to a Function Space License Agreement, LEDA will obtain a license for the use of the function space in the Hotel and Conference Center from Lawton Hospitality, LTD. LEDA will pay Lawton Hospitality, LTD., $2.8 Million in fees for the license and use of the function space. The license fees will be paid from hotel occupancy tax increments from Increment District No. 2, as determined by and limited to the collection of hotel occupancy tax revenues generated from the operation of the Hotel and Conference Center.

On July 15, 2010, LEDA approved the Hotel-Conference Center Development Agreement, the Function Space License Agreement, and the CCIDA – LEDA Loan Agreement, subject to City Council approval. On July 20, 2010, CCIDA approved the CCIDA – LEDA Loan Agreement as well as a related agreement, under which CCIDA will loan $3.0 Million directly to Lawton Hospitality, LTD.

EXHIBITS: Hotel-Conference Center Development Agreement
Function Space License Agreement $1.5 Million Lawton Downtown Economic Development Project Plan – Tax Apportionment Revenue Note CCIDA – LEDA Loan Agreement - $1.5 Million

FUNDING SOURCE: Pledge of Tax Increment Revenues Generated by Increment District No. 2

RECOMMENDED COUNCIL ACTION: Approve a resolution approving the Hotel-Conference Center Development Agreement between the LEDA and Lawton Hospitality, LTD., for the development of a Hotel and Conference Center in downtown Lawton; approving the Function Space License Agreement between LEDA and Lawton Hospitality, LTD., for the use of the function space of the Hotel and Conference Center and license fees in an amount not to exceed $2.8 Million; approving the issuance by LEDA of a privately placed $1.5 million tax apportionment note with CCIDA, pursuant to a loan agreement for the financing of public improvements.

27. Consider approving plans and specifications for the NW Gore Boulevard Overlay Project #2010-8 and authorizing staff to advertise for bids.

INITIATOR: Public Works Director/City Engineer

STAFF INFORMATION SOURCE: Public Works Director/City Engineer

BACKGROUND: NW Gore Blvd. is a high traffic volume arterial and is in need of maintenance work. As a part of the 1985 CIP, portions of Gore Boulevard from NW 11th Street to NW 17th Street were milled and overlayed. This project will begin at NW 17th Street and will extend to Sheridan Road. Future work will start at Sheridan Road and proceed west. This project consists of the cold-milling of the existing asphalt surfacing and construction of a new asphalt overlay for the one half mile section of NW Gore Blvd. from NW 17th Street to Sheridan Road. The contract time for the project is specified as 60 calendar days. The 2010-2011 FY Street Division Maintenance and Repair Budget provides funding for this overlay project.

Plans and specifications are on file in the Engineering Division office. The estimated total cost of the NW Gore Boulevard Overlay Project #2010-8 is in the $400,000 - $450,000 range.

EXHIBITS: None

KEY ISSUES: None

FUNDING SOURCE: 2010-11 Fiscal Year General Fund (Street Division’s Maintenance and Repair)

STAFF RECOMMENDED COUNCIL ACTION: Approve plans and specifications for the NW Gore Boulevard Overlay Project #2010-8 and authorize staff to advertise for bids.

28. Consider an ordinance amending Section 15-1-108, Article 15-1, Chapter 15, Lawton City Code, 2005, pertaining to the city having power to define and summarily abate nuisances providing for severability, and declaring an emergency.

INITIATOR: City Attorney

STAFF INFORMATION SOURCE: City Attorney

BACKGROUND: The Lawton City Code currently designates the 1935 statute at Title 50 O.S. §16 as its general statutory authority for declaring and abating a nuisance. In 1978 the state legislature passed Title 11 O.S. §22-121 which more directly and simply empowers municipalities to declare and to abate a nuisance. Title 11’s §22-121 simply states: “The municipal governing body may declare what shall constitute a nuisance, and provide for the prevention, removal and abatement of nuisances.” Amending the Ordinance, which will incorporate both §17 of Title 11 and §22-121 of Title 11, will better clarify the City’s fundamental authority to designate and abate a nuisance affecting the health, safety and welfare of the City’s inhabitants.

EXHIBITS: Ordinance 2010-_______.

KEY ISSUES: N/A

FUNDING SOURCE: N/A

RECOMMENDED COUNCIL ACTION: Adopt Ordinance 2010-_____, waive the reading of the ordinance and read the title only.

INITIATOR: City Attorney

STAFF INFORMATION SOURCE: City Attorney

BACKGROUND: The Lawton City Codes on trespassing originally just made it unlawful to enter the premise of another person. This ordinance adds the language also making it unlawful to remain upon the premises.

EXHIBITS: Ordinance 2010-_______.

KEY ISSUES: N/A

FUNDING SOURCE: N/A

RECOMMENDED COUNCIL ACTION: Adopt Ordinance 2010-_____, waive the reading of the ordinance and read the title only.

STAFF INFORMATION SOURCE: City Attorney

BACKGROUND: Paragraph C of Section 6-5-1-503, Lawton City Code, 2005, amends Section 107.1 of the International Property Maintenance Code regarding the manner in which notice will be provided to a person responsible for code violations. It currently states that notice will be provided in the manner prescribed in state statutes. However, state statutes do not cover the notice requirements for all types of possible code violations that exist under the International Property Maintenance Code. Amendment to Paragraph C of Section 6-5-1-503, Lawton City Code, 2005 is needed to clarify that the general notice requirements set forth in Section 107.2 of the International Property Maintenance Code will apply for code violations where a state statute does not specify the notice requirements.

EXHIBITS: Ordinance 2010-_______.

KEY ISSUES: N/A

FUNDING SOURCE: N/A

RECOMMENDED COUNCIL ACTION: Adopt Ordinance 2010-_____, waive the reading of the ordinance and read the title only.

INITIATOR: City Manager

STAFF INFORMATION SOURCE: City Manager
City Attorney

BACKGROUND: The City Attorney desires to discuss with the Mayor and Council the status of negotiations between the City and the AFSCME Local 3894.

The City Attorney advises the City Council that the Council should determine that disclosure of confidential communications between the Council and the City Attorney regarding the above referenced item will seriously impair the ability of the City to defend the City’s interest, and from that determination, the Council should convene in executive session to discuss this matter.

EXHIBITS: N/A

KEY ISSUES: N/A

FUNDING SOURCE: N/A

STAFF RECOMMENDED COUNCIL ACTION: Convene in executive session to discuss negotiations for a Collective Bargaining Agreement for FY 2010-2011, between the American Federation of State, County and Municipal Employees (AFSCME) Local 3894, and, if necessary, take appropriate action in open session.