Lawton City Hall City of Lawton 212 SW 9th Street Lawton, Oklahoma City Council 73501-3944 MINUTES Tuesday, January 14, 2025 6:00 PM Lawton City Hall Council Chambers/Auditorium MEETING CALLED TO ORDER WITH INVOCATION, PLEDGE OF ALLEGIANCE, AND SALUTE TO OKLAHOMA STATE FLAG Mayor Booker called the regular meeting of the Lawton City Council to order at 6:00 p.m. Bishop Dunway from Abundant Life Christian Church gave the invocation, followed by the Pledge of Allegiance and salute to the Oklahoma flag. "Official action can be taken only on items which appear on the agenda. The Council may adopt, approve, ratify, deny, defer, recommend, or continue any agenda item. The Council may also propose and enact floor amendments to any matter presented before them. When more information is needed to act on an item, the Council may refer the matter to the City Manager or the City Attorney. The Council may also refer items to standing committees of the Council or a board, commission, or authority for additional study. Under certain circumstances, items are deferred to a specific later date or stricken from the agenda entirely." ROLL CALL PRESENT: Mary Ann Hankins, Ward 1 RL Smith, Ward 2 Linda Chapman, Ward 3 George Gill, Ward 4 Allan Hampton, Ward 5 Dr. Bob Weger, Ward 6 Sherene L Williams, Ward 7 Randy Warren, Ward 8 ABSENT: None 1 ALSO PRESENT: Stanley Booker, Mayor John Ratliff, City Manager John Andrew, City Attorney COL Derek Baird, Fort Sill Liaison Donalynn Blazek-Scherler, City Clerk PRESENTATION: True North Award: Adam Morrison The City Manager presented the True North Award to Adam Morrison, a Park Specialist 3 who has worked for the city for 10.5 years. Adam works at Elmer Thomas Park, handles ground maintenance, repairs and refurbishes park equipment, and has been especially impactful in community events such as International Fest, Holiday in the Park, Festival and Freedom Fest. REPORTS: MAYOR/CITY COUNCIL COL Baird reported on Fort Sill security upgrades, noting that Key Gate West will close on Thursday at 7:00 p.m. for approximately 9 months. He mentioned that Apache Gate has reopened, and Bentley Gate and Sheridan Gate will be the new 24-hour gates. He encouraged citizens to download the "My Army Post" app for updates and announced Fort Sill's first full marathon, the Warrior Run, scheduled for March 22nd. Councilman Warren wished everyone a Happy New Year and expressed excitement about the upcoming year for the city of Lawton. Councilwoman Williams wished everyone a Happy New Year and thanked citizens who attended the January 3rd honorary street dedication for Mr. Raymond Gates Jr. in Rancho Edition. She announced a community service honoring Dr. Martin Luther King Jr. on Sunday at New Zion Baptist Church at 3:30 p.m., and the Dr. Martin Luther King Jr. banquet on Monday at Cameron University's Maston Ballroom at 6:00 p.m. Councilman Hampton discussed the farmers market and encouraged Ward 5 citizens to contact him with any concerns. He mentioned the reopening of the Carnahan Library and announced an upcoming statewide WPA synopsis where people from around the state will visit Lawton to view WPA projects. Councilman Gill reported on road improvements, announcing 105 new mill and overlay streets planned for 2025, including work on 38th Street between Gore. Councilwoman Chapman shared positive feedback from a resident about Kayla in Neighborhood Services, who was praised for her kindness and responsiveness in addressing concerns about a neighboring property with drug activity and homelessness. Mayor Booker expressed excitement about the New Year's address and upcoming initiatives. He announced that Charter change meetings would be scheduled to allow for public input, and on February 11th, the homeless response portion of the Kids First Initiative would be addressed. AUDIENCE PARTICIPATION: Lawton citizens who have completed a Request to Speak Form and wish to address business not listed on the agenda may step forward at this time. 2 To ensure compliance with the Oklahoma Open Meeting Act, the Mayor and Council will receive comments but will NOT engage in direct responses. However, they may refer matters to the appropriate department or individual for further consideration and follow-up action. To participate, speakers must submit a Request to Speak Form to the City Clerk and reside within the Lawton city limits. Each speaker is allotted 3 minutes, with a maximum of 9 minutes per topic, and Audience Participation is limited to 30 minutes total. All participants are expected to follow the Rules of Decorum as outlined in Council Policy 1-6. Jason Poudrier introduced Mr. Albert Johnson and Dr. Sarah Janda regarding the Johnson family house at 202 East Gore. Dr. Janda, a faculty member at Cameron University, explained that the home is one of the few remaining in the historic all-black neighborhood of Vernon Edition. She noted that the neighborhood is unique because it was created by the Lawton City Council working with a local committee of African-Americans, and the original deeds specified that no white person would be permitted to live there. The home will be presented on Thursday for state approval to be placed on the National Historic Registry. 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. MOVED by Councilwoman Hankins, SECOND by Councilman Smith, to approve the Consent Agenda with the exception of pulling item #6. MOTION CARRIED (8-0). 1. Consider approving one (1) damage claim (recommended for approval) and 24-2243 authorizing payment for Marcel Jordan in the amount of $2,200.00. Attachments: DC-2024-062, Jordan, Marcel Memorandum DC-2024-062, Jordan, Marcel Resolution and Warrant of Attorney 2. Consider the following three (3) damage claims recommended for denial: 24-2244 Antranet Moorer in the amount of $4,969.11, Carla Eldridge in the amount of $17,215.42, and Mariah Cole in the amount of $1,511.98. Attachments: DC-2024-064, Moorer, Antranet Memorandum DC-2024-065, Eldridge, Carla Memorandum DC-2024-067, Cole, Mariah Memorandum 3. Consider adopting a resolution approving the joint petition settlement in the 24-2242 amount of $750.00 and making payment in the workers’ compensation claim of Jesus Munoz. Attachments: Munoz WC Resolution 4. Consider adopting a resolution authorizing traffic control measures as 24-2166 deemed necessary by the Public Works Director within 1000 feet of 151 NW Sheridan Road necessary for the safety and wellbeing of affected citizens. Attachments: Braums Braums Traffic Control Resolution 3 5. Consider adopting a resolution authorizing traffic control measures with the 24-2225 removal of the left turn lane only on SW 6th street at Lee Blvd, changing the southbound and northbound intersections to be a left turn or straight through lane. Attachments: 6th & Lee left turn - Report (draft) Lee 6th Map Lee 6th Resolution 6. Consider approving a Resolution amending the City of Lawton FY25 budget, 24-2215 as amended, by appropriating $395,000.00 to the Capital Improvement Projects Fund (Fund 435) to fund abatements through the Neighborhood Services Division. Attachments: 01.28.25 D&D Abatements Resolution Charlotte Brown, Community Services, explained that this is an amendment in the Fund 435 accounts for normal abatement accounts. There may be additional funding in the CIP that could be used to fund abatements, so this item was pulled to get direction from the Council. Mayor Booker suggested striking this item until the next meeting when staff can determine what is needed. This item was stricken from the agenda. 7. Consider approving a Resolution amending Appendix A, Schedule of Fees 25-0005 and Charges, Lawton City Code, 2015, pertaining to Chapter 6, Buildings, Construction and Housing, by amending Article A-6-1. Attachments: C-6 Roofing fee addition 8. Consider awarding contract (CL25-015) Sludge Dewatering Polymer to 24-2214 Polydyne, Inc. of Riceboro, GA, used to treat the wastewater from the treatment process at the Medicine Park Water Treatment Plant. Attachments: Abstract CL25-015 Dept. Recommendation 9. Consider extending contract (CL23-011) Cationic Polymer with Polydyne, 24-2235 Inc, .used to treat water at the water treatment plants. Attachments: CL23-011 Cationic Polymer OG Contract Dept. Recommendation Yr 3 Ext. Form - Polydyne Yr. 3 10. Consider extending contract (CL23-008) Fluorosilicic Acid with Univar 24-2236 Solutions USA, Inc, used to treat water at Medicine Park Water Treatment plant. Attachments: Vendor Ext. Form Yr 3 - Univar CL23-008 Fluorosilicic Acid OG Contract 4 Dept. Ext. Memo Yr 3 11. Consider awarding the contract (RFPCL25-016) Maintenance of Public 24-2238 Grounds with Bedrock Nursery of Lawton, OK Attachments: Dept. Recommendation Yr 1 Abstract.docx 12. Consider approving a request to enter into a memorandum of understanding 24-2239 with the Elgin Police Department and the City of Lawton authorizing the utilization of the Lawton Police Department’s Training Facility to train their new officers in the Council of Law Enforcement and Training’s Basic Academy (CLEET) which has been authorized by formal board action. Attachments: CLEET MOU - Elgin Police Department 13. Consider approving a request to enter into a memorandum of understanding 24-2240 with the Kiowa County Sheriff’s Office and the City of Lawton authorizing the utilization of the Lawton Police Department’s Training Facility to train their new officers in the Council of Law Enforcement and Training’s Basic Academy (CLEET) which has been authorized by formal board action. Attachments: CLEET MOU - Kiowa County Sheriff's Office 14. Consider approving a Memorandum of Understanding between the City of 24-2224 Lawton, the Lawton Police Department and the Office of the District Attorney for the Fifth District of Oklahoma and authorize the Mayor and City Clerk to sign and execute the Memorandum of Understanding. Attachments: Proposed Memorandum of Understanding 15. Consider approving the Mutual Aid Agreement (MAA) between the United 24-2211 States Army Garrison Fort Sill (USAG) and the City of Lawton Fire Department for the benefit of all hazards mutual aid fire support, not limited to: wildfires, prescribed fire burns, search and rescue, floods, plane crashes, and training. Attachments: 25MAA002 City of Lawton - Lawton Edits Final 16. Consider and take action in approving Amendment Number 1 to the 24-2165 Professional Services Agreement with Jacobs Engineering Group, INC, for Project Management Services in the total amount not to exceed $741,114.00 for an additional 28 months of services. Attachments: Fully Executed Agreement for 3rd party services Amendment No. 1 unsigned 17. Consider approving Amendment No. 2 to the professional design services 24-2223 agreement with H.W. Lochner, Inc. on Project EN2106 - Rehabilitation of Cache Road Bridges(M09-1&M09-2) Eastbound & Westbound over Wolf Creek. Attachments: 20241224-EN2106 Proposed Contract Amendment No 2 5 18. Consider awarding a construction contract to K&R Builders on Project 24-2212 EN2112 - Cache Road Bridge Rehab in the amount of $1,851,666.36. Attachments: K&R Builders Contract 20241205 Project EN2112 Award Recommendation & Bid Tabs.pdf 19. Consider approving Amendment No. 2 in the amount $240,100 to the 24-2226 professional services contract with C.H. Guernsey & Company for complete design services on the Project EN2201 - Library Ceiling Renovation. Attachments: City of Lawton EN2201 Library Ceiling Renovation Amend No. 1_123024.pdf 20. Consider approving the Final Change Order No.2 with an overall deduction 24-2221 of $26,786.38 and accepting Project EN2205-Construction of NE 29th St. Drainage Culvert and Appurtenances (M14-4) over Tributary to Wrattan Creek, as constructed by K&R Builders, thereby releasing retainage in the amount $29,760.47 and placing the Maintenance Bond into effect. Attachments: Payment Certificate Brown Signed Lien Release K & R Builders - Wrattan Creek Project CGC Signed Lien Release Direct Traffic Lien Release_0001 Sioux Signed Lien Release Sutterfield Signed Lien Release Maintenance Bond 2316 K&R Estiamte #6, Final EN2205 Change Order No 2 - Lochner & KR Signed.pdf K&R Release to City 21. Consider approving a lease agreement with Hillary Development, 24-2241 Incorporated for the purpose of securing a temporary office space for the Parks and Recreation Lake Division Headquarters. Attachments: 2025 City Of Lawton Lease Agreement w_HillaryGL 22. Consider accepting $34,168.00 in State Aid funds from the Oklahoma 24-2252 Department of Libraries to be designated for library materials and authorizing the Mayor to sign the agreement and claim form. Attachments: Lawton SFY24 State Aid Agreement - partially signed.pdf Lawton State Aid SFY24 Claim.pdf OAC Title 405 Chapter 25 State Aid Grants to Public Libraries.pdf 23. Consider approving offsite improvement construction plans for a water line 24-2232 and fire hydrants to serve Marie Detty - Youth Shelter and Office, to be located at 4521 SW Lee Blvd subject to the conditions listed. Attachments: Plans and Profiles Red Lined with Conditions 12.12.2024 CPC Minutes 24. Consider approving the construction plat for Oak Ridge Addition, Part 2A, 24-2229 6 located on the northeast corner of SW 67th Street and SW Bishop Road containing approximately 17.25 acres, subject to conditions. Attachments: Oak Ridge Part 2A - Set (Half Size)_v2 (1) 12.12.2024 CPC Minutes 25. Consider accepting the access easement from MPT of Lawton-LIMA, LLC 24-2209 for Boyles Landing Section 1, for the Ad Valorem Streets project EN1707P2A, authorizing the Mayor and City Clerk to execute the documents. Attachments: Easement - Southwestern Medical Center Sidewalk 26. Consider accepting the temporary construction easement and permanent 24-2222 utility easement from Steven Crow for property located at 1704 NW Cache Road for the water main and sidewalk project # PU2107, authorizing the Mayor and City Clerk to execute the documents, and payment for the same. 27. Consider ratifying the City Manager’s personnel changes made after the 24-2201 FY25 budget was approved on June 3, 2024. Attachments: Personnel Changes FY25 28. Consider accepting the Annual ADA Report that outlines completed ADA 24-2231 accessibility projects, work done towards compliance, and the money expended on each project as required by the settlement agreement reached in the case of Joseph Harper and Vivian Wheeler vs City of Lawton dated December 9, 2013. Attachments: 2034-2024 Report on ADA compliance ADA EXECUTIVE SUMMARY TO COUNCIL 23-24 29. Consider approving the actual costs of the dismantling and removal of 24-2208 dilapidated buildings and other expenses that may be necessary in conjunction with same by approving invoices for demolition of properties as required by State Statue 11-22-112.4 for properties located at 4628 SW G Avenue, 2609 SW E Avenue, 401 SW Summit Avenue, 2409 SW C Avenue, 907 SW 7th Street, 1612 SW E Avenue, 511 NW Mission Blvd., 1407 SW 8th Street, 602 SW H Avenue, 916 SW D Avenue, 2612 SW G Avenue, 404 SW 23rd Place and 1502 SW Summit Avenue. Attachments: Invoice(s) 30. Pursuant to action taken on December 3, 2024, consider rescinding 24-2216 Resolution No. 24-026, which declared the structure(s) located at 1303 NW Laird Avenue a dilapidated structure. Attachments: Resolution No. 24-026 31. Consider approving the Claims List for December 7, 2024, through January 25-0003 2, 2025. 7 32. Consider approving the minutes of the December 10, 2024 City Council 24-2234 Meeting. 33. Consider approving appointments to boards and commissions. 24-2253 Attachments: Board Appointments- 01.14.2025 BUSINESS ITEMS: 34. Receive a presentation from Natalie Fitch and Dede Armes on a proposed 24-2237 Safe Haven Baby Box to be installed at a Lawton Fire station and take action as necessary. Ms. Armes presented information about the Safe Haven Baby Box, an incubator that would be installed at a fire station to provide a safe place for unwanted newborns to be surrendered. She noted that Chief Williams already knows where it should be placed. The unit costs approximately $20,000, with about $10,000 for installation. The local 1882 has agreed to underwrite the annual maintenance fee of $650. Comanche County Memorial Hospital's partnership will provide support. MOVED by Councilwoman Hankins, SECOND by Councilwoman Williams, to allow the installation of a Safe Haven Baby Box at a Lawton fire station. MOTION CARRIED (8-0). 35. Consider approving a resolution amending the City of Lawton FY25 Budget, 25-0004 as amended, by appropriating up to $1,600,000.00 to the General Fund to provide assistance in development financing to Fisher59 Properties, LLC per the Redevelopment Agreement. Attachments: 01.14.25 Fisher59 Resolution Rebecca Johnson, Finance Director, explained that this is a cleanup item to allow the budget to match the agreement that had already been approved with the adjusted cap of $2.9 million. MOVED by Councilman Gill, SECOND by Councilman Warren, to approve the resolution. MOTION CARRIED (8-0). 36. Contingent upon a companion budget amendment being approved, consider 24-2245 approving the First Amendment to Redevelopment Agreement by and among the City of Lawton, a municipal corporation (“City”), the Lawton Economic Development Authority (“LEDA”), a public trust having its beneficiary the City of Lawton, the Lawton-Fort Sill Economic Development Corporation (“LEDC”), an Oklahoma 501(c)(6) not-for-profit corporation, and Fisher59 Properties, L.L.C., a Texas limited liability company, duly authorized to conduct business in the State of Oklahoma. Attachments: First AmendFisher59 Agmt-EXE 8 Richard Rogalski, LEDC, explained that this amendment doesn't change the size of the building, number of jobs, or the cap of $2.9 million that was raised in July. It allows for reimbursements on a monthly basis after confirming that work is completed, rather than waiting until the very end of the project. This saves the city finance charges and ensures that all necessary requirements are met, including lien releases. MOVED by Councilman Hampton, SECOND by Councilman Gill, to approve the First Amendment to the Redevelopment Agreement. MOTION CARRIED (8-0). 37. Hold a public hearing and consider an amendment to the 2030 Land Use Plan 24-2228 from Agriculture to Residential/Low Density for a tract of land approximately 156.37 acres, located to the southeast of SW 67th Street and SW Bishop Road Lawton, OK 73505 and take appropriate action as deemed necessary. Attachments: Resolution No. 25- Prairie Acres Rezoning DEVELOPMENT SKETCH (11-8-24) ZONE DESC Analysis RZ ALUP (Prairie Acres Addition) 2024-1205 CC Newspaper Notice Rezone & ALUP 1.14.2025 Executed CC Mailing Notice Rezone and ALUP 01.14.2025 Executed Cameron Good, Planning Department, presented the details of the requested amendment to the 2030 Land Use Plan. He explained that this involves a tract of land of approximately 156.35 acres located at the southeast corner of SW 67th Street and SW Bishop Road. The current land use designation is Agriculture, and the applicant is requesting to change it to Residential/Low Density to accommodate future residential development. Good further explained that the current zoning for this property is temporary A1 (General Agricultural), and the property owners intend to rezone the property to RE (Residential Estate) and A2 (Suburban) districts. The property owners have plans to subdivide the property into residential lots in the future, and this land use amendment is necessary before they can proceed with the subdivision process. He noted that both the RE and A2 zoning classifications would only allow single-family dwellings, not multi-family housing such as apartments or duplexes. Churches would also be permitted. Good informed the Council that notices were sent to all property owners within 300 feet of the subject property, and no phone calls for or against the proposal were received. The Planning Commission had reviewed this request and recommended approval with a vote of 7-1. He also confirmed that the property would have adequate water and sewer service to support residential development. Mayor Booker opened the public hearing. Willie Carter Jr., who lives at the corner of 67th and Bishop, expressed concern that the area might not remain residential and could include apartment buildings or duplexes in the future, which could diminish 9 his property value. Good clarified that any rezoning to allow higher density residential or commercial use would require going through the full rezoning process with public hearings. Mayor Booker closed the public hearing. Councilman Gill stated that restricting the zoning to single-family housing would protect the area and help it grow in a positive way. Councilwoman Williams expressed concern about allowing farm animals on residential lots. MOVED by Councilwoman Williams, SECOND by Councilwoman Chapman, to approve the RE portion of the request. MOTION CARRIED (8-0). 38. Hold a public hearing and consider a change of zoning from the A-1 General 24-2230 Agricultural District to the A-2 Suburban District and the Residential Estate District zoning classification for a tract of land approximately 156.37 acres, located to the southeast of SW 67th Street and SW Bishop Road Lawton, OK 73505 and take appropriate action as deemed necessary. Attachments: Ordinance No. 25- Prairie Acres Rezoning DEVELOPMENT SKETCH (11-8-24) ZONE DESC Analysis RZ ALUP (Prairie Acres Addition) 2024-1205 CC Newspaper Notice Rezone & ALUP 1.14.2025 Executed CC Mailing Notice Rezone and ALUP 01.14.2025 Executed 12.12.2024 CPC Minutes Mayor Booker explained that this item is a companion to the previous item regarding the amendment to the 2030 Land Use Plan. This item specifically addresses the rezoning of the property from A1 (General Agricultural) to RE (Residential Estate) and A2 (Suburban) zoning classifications. The discussion continued regarding the differences between the proposed zoning classifications. Good clarified that A1 zoning requires lots to be a minimum of five acres, while A2 zoning allows for smaller lots with a minimum size of 2.5 acres. The RE (Residential Estate) zoning would accommodate lots smaller than 2.5 acres. The layout of the proposed rezoning included some "finger" sections extending into the RE-zoned area, which Good explained were designed to provide street access for future lots. There was significant discussion regarding permitted uses, particularly concerning the keeping of farm animals. Good noted that the current A1 zoning allows for agricultural uses, including livestock. The proposed A2 zoning would continue to permit agricultural uses, but the RE zoning would not. Councilwoman Williams expressed concern about having houses and farm animals in close proximity. Prior to the public hearing, Good elaborated on the rezoning layout, explaining that the unusual configuration with "fingers" extending into the RE zone was designed to provide frontage and street access for future lots. He also noted that if approved, the development would be split into two phases, with the first phase focusing on the RE-zoned section. 10 Good specified that code allows one large animal per acre in applicable zoning areas. Mayor Booker opened the public hearing. No one came forward to speak. Mayor Booker closed the public hearing. MOVED by Councilwoman Williams, SECOND by Councilman Gill, to approve changing the existing zoning classification from A1 General Agricultural District to Residential Estate District zoning classification on the tract of land (section two only), approving the site plan attached as Exhibit A for the residential estate portion, and authorizing changes to be made upon the official zoning map, reading the title only. MOTION CARRIED (8-0). 39. Consider a proposal to develop mountain bike and BMX trails utilizing 24-2095 community volunteers and donations, and direct staff as necessary. This item was stricken. 40. Consider approving the purchase of a Cyber Liability Insurance at a cost 24-2220 $180,015.47 per year for the City of Lawton through the city’s insurance broker INSURICA. Attachments: 24-2220_24-25 Cyber Quote Comparison.pdf 24-2220_AXA $2M Quote.pdf 24-2220_$750K Excess Cyber Crime Quote.pdf Judy Franco, IT Director, explained that this cyber security insurance would significantly reduce downtime compared to what was experienced during the August 2017 cyber-attack, when downtime lasted up to three weeks for first responders and up to four months for other personnel. The city has replaced over $1.5 million worth of equipment since then, and the total cost of that attack was estimated at $2-4 million. MOVED by Councilwoman Chapman, SECOND by Councilman Gill, to approve the purchase of Cyber Liability Insurance. MOTION CARRIED (8-0). 41. Consider repealing or re-affirming Resolution 24-175 to allow the property 25-0001 owner of real property located at 2102 SW 16th Street to obtain a building permit to remodel the single-family residence that was declared dilapidated by City Council on July 23, 2024 and take action as necessary. Attachments: Resolution No. 24-175 Original Pictures 1.3.2025 Josh White from Neighborhood Services provided a detailed chronology of the property at 2102 SW 16th Street. He explained that the City Council declared the property dilapidated on July 23, 2024, through Resolution 24-175. According to the resolution, the property owner was given 30 business days to obtain a building permit to remodel the single-family residence. This deadline expired on September 23, 2024, without a building permit being submitted. 11 Following standard procedure for dilapidated structures, the city put the demolition out for bid on October 2nd. The contract was awarded to a demolition contractor on October 28th, and the demolition permit was filed by the contractor on November 2nd. The permit was issued on December 23rd, 2024. White explained that when the contractor visited the property on January 2nd, 2025, to begin demolition work, they discovered that a new roof had been installed on the structure. The contractor immediately contacted Neighborhood Services about this development. Upon investigation, staff confirmed that while the property owner had made substantial improvements to the property by installing a new roof, they had not obtained the required building permit for this work. White further clarified that according to the resolution, city staff can only issue a remodel permit during the initial 30-business-day period. Since that time had elapsed, the only action staff could take under current authorization was to proceed with the demolition. Despite the improvements that had been made, staff needed direction from Council on how to proceed. The property owner explained that the house had been in probate, and she had only recently received the deed. She stated she was unaware of the permit requirements but intended to continue making the house comply with city codes. MOVED by Councilwoman Hankins, SECOND by Councilman Hampton, to reaffirm the resolution with current dates to restart the six-month compliance timeline. MOTION CARRIED (8-0). 42. Consider approving an ordinance pertaining to Utilities, amending Section 25-0002 22-1-1-104, Division 22-1-1, Article 22-1, Chapter 22, Lawton City Code, 2015, relating to payment and penalties for nonpayment of utility and/or landfill bills by granting the city manager in certain circumstances the authority to approve payment plans, and in limited instances to include the waiving of fees/charges; setting forth requirements; providing for severability, and establishing an effective date. Attachments: 13. 11. FD comments Draft Ordinance Payment Plans & Waiver Tim Wilson, Deputy City Attorney, presented a comprehensive overview of the proposed ordinance amendment. He explained that on October 8th of the previous year, an item was approved on the consent agenda authorizing the City Manager to establish payment plans for delinquent utility and landfill accounts. However, that approval was not in the form of an ordinance, and questions had since arisen about whether the authorization included the ability for the City Manager to waive a portion or all of disputed fees. After reviewing the code and the previous Council approval, Wilson determined that the earlier authorization did not specifically grant waiver authority. He also noted that he had consulted with the city's bond counsel because some of the city's debt is collateralized with utility revenue, making it essential to ensure that any waiver policy would not violate debt obligations. The proposed ordinance would establish clear parameters for both payment plans and fee waivers. Key requirements in the ordinance include: 1. Any entity requesting a payment plan or fee waiver must submit the request in writing within 30 days 12 2. There must be an actual dispute regarding the amount owed 3. The City Manager must determine there is good cause for a waiver 4. The person or entity cannot have received a previous waiver within the past 36 months 5. The total amount waived in any year cannot exceed either $150,000 or the amount that would prevent the city from satisfying its rate covenant under outstanding debt obligations, whichever is less Wilson emphasized that the City Manager had indicated this authority would be used very judiciously and infrequently. For transparency, the ordinance requires the City Manager to provide a written report to the Council twice a year (in June and December) detailing any waivers that have been granted. MOVED by Councilman Warren, SECOND by Councilman Hampton, to approve the ordinance, waive the reading of the ordinance, and reading the title only. The title of the ordinance was read: "An ordinance pertaining to Utilities, amending Section 22-1-1-104, Division 22-1-1, Article 22-1, Chapter 22, Lawton City Code, 2015, relating to payment and penalties for nonpayment of utility and/or landfill bills by granting the city manager in certain circumstances the authority to approve payment plans, and in limited instances to include the waiving of fees/charges; setting forth requirements; providing for severability, and establishing an effective date." MOTION CARRIED (8-0). 43. Consider approving an ordinance pertaining to Offenses and Crimes, 24-2217 amending Section 16-5-2-222, Division 16-5-2, Article 16-5, Chapter 16, Lawton City Code, 2015, relating to the Prevention of Youth Access to Tobacco by retitling Section 216-5-2-222 to reflect the legal age of twenty-one as it pertains to the sale or furnishing of tobacco or vapor products, providing for severability and establishing an effective date. Attachments: 18 TO 21 ORDINANCE The City Attorney explained that this is part of the cleanup of criminal code to align with state law, which changed the legal age for tobacco and vapor products to 21. The current city code still shows 18 as the age. MOVED by Councilman Gill, SECOND by Councilman Warren, to approve the ordinance, reading the title only. The title of the ordinance was read: "An ordinance pertaining to Offenses and Crimes, amending Section 16-5-2-222, Division 16-5-2, Article 16-5, Chapter 16, Lawton City Code, 2015, relating to the Prevention of Youth Access to Tobacco by retitling Section 216-5-2-222 to reflect the legal age of twenty-one as it pertains to the sale or furnishing of tobacco or vapor products, providing for severability and establishing an effective date." MOTION CARRIED (7-0, with one council member absent for the vote). 13 44. Consider approving an ordinance pertaining to Administration, amending 24-2248 Section 2-3-19-403, Division 2-3-19 in Article 2-3, Chapter 2, Lawton City Code, 2015, relating to Boards, Commissions and Committees by amending the composition of the Homeless Action Committee, modifying the appointment of a chairperson for the Homeless Action Committee, providing for severability, and establishing an effective date. Attachments: Homeless Action Committee Amendment Mayor Booker explained that after Mr. Harris left, he was no longer on the Homeless Action Committee. The Mayor wishes to appoint himself to that position and as chairman. MOVED by Councilman Warren, SECOND by Councilwoman Chapman, to approve the ordinance, reading the title only. The title of the ordinance was read: "An ordinance pertaining to Administration, amending Section 2-3-19-403, Division 2-3-19 in Article 2-3, Chapter 2, Lawton City Code, 2015, relating to Boards, Commissions and Committees by amending the composition of the Homeless Action Committee, modifying the appointment of a chairperson for the Homeless Action Committee, providing for severability, and establishing an effective date." MOTION CARRIED (8-0). 45. Discuss possible changes to the Streets and Bridges Committee, including 25-0019 renaming the committee to the Streets, Bridges, and Development Review Committee, expanding the scope of work of the committee, providing direction to the committee regarding street project for 2025, and providing direction to staff on funding street projects. Mayor Booker explained that he wants to review all development policies to ensure they don't push development outside the city limits, noting that over 80% of residential development is currently happening outside city limits. He proposed renaming the committee to the "Streets, Bridges, Building and Development Review Committee" to allow it to review building codes and development needs. There was discussion about potential conflicts with other committees such as the Processes Oversight Committee and the Building Development Appeals Board. MOVED by Councilman Warren, SECOND by Councilwoman Hankins, to table this item until the next meeting to allow staff to deconflict committee responsibilities. MOTION CARRIED (8-0). 46. Consider an ordinance pertaining to Administration by repealing and 25-0009 reserving Sections 2-3-4-326 and 2-3-4-327, Division 2-3-4, Article 2-3, Chapter 2, Lawton City Code, 2015, related to Boards, Trusts, Commissions, and Committees, in order to dissolve the Traffic Commission, providing for severability, and establishing an effective date. Attachments: Traffic Commission Ordinance 25- 14 This item was stricken. 47. Consider an ordinance pertaining to Vehicles and Traffic by creating Section 25-0015 23-1-107, Article 23-1, Chapter 23, Lawton City Code, 2015 to include Emergency and Experimental Regulations, which was previously found in Chapter 2 of Lawton City Code, providing for codification, providing for severability, and establishing an effective date. Attachments: Chapter 23 Ordinance This item was stricken. 48. Consider an ordinance pertaining to Miscellaneous Provisions by amending 25-0012 Section 18-10-1-1016, Division 18-10-1, Article 18-10, Chapter 18, Lawton City Code, 2015, to remove a reference to the Traffic Commission, providing for severability, and establishing an effective date. Attachments: Ord. 25- This item was stricken. 49. Consider an ordinance pertaining to Bicycles by amending Division 25-0014 23-18-1808, Article 23-18, Chapter 23, Lawton City Code, 2015, to remove a reference to the Traffic Commission, providing for severability, and establishing an effective date. Attachments: Chapter 23 Traffic Commission Ordinance This item was stricken. 50. Direct staff to make a revision to Council Policy 6-01, “Open for Business”, 25-0021 in order to mandate that residential building permits and sign permits be issued within 14 calendar days upon receipt of all required documentation. This policy update is to take effect on April 1, 2025. Mayor Booker introduced this agenda item as another initiative from his New Year's address focused on improving efficiency and responsiveness in city services. He explained that this proposal would amend Council Policy 6-01, "Open for Business," to require the issuance of residential building permits and sign permits within 14 calendar days after receiving all required documentation, with an effective date of April 1, 2025. The Mayor provided context for this change, noting that two years ago, the city had aligned with Norman's 30-day standard for permit issuance. He praised city staff for their efforts in meeting that 30-day goal but emphasized that Norman now processes permits in just 14 days. He expressed confidence that Lawton could match this more efficient timeframe. 15 Mayor Booker specifically highlighted sign permits, mentioning that historically, the city had processed these permits more quickly than they do today. He suggested that the 14-day standard should not pose a significant challenge for sign permits given past performance. The proposal would provide approximately two months for departments to prepare for implementation, with the April 1, 2025 effective date. MOVED by Councilwoman Chapman, SECOND by Councilman Gill, to approve directing staff to make the revision to Council Policy 6-01. MOTION CARRIED (8-0). 51. Discuss potential solutions and initiatives to promote clean and safe 24-2249 neighborhoods as part of the Kids First Initiative and the priorities outlined in Mayor Booker's 2025 New Year Address, including but not limited to issues such as litter, dilapidated and vacant properties, and vagrancy, and take any action deemed necessary. Mayor Booker shared the story behind the Kids First Initiative, which began with a complaint from a citizen in Ward 1 about a vacant house that had caught fire after being broken into by homeless individuals. During a walk-through of the neighborhood with Councilwoman Hankins and staff, they found several non-compliant homes near yards where children play. The Mayor noted a troubling statistic: 32 sex offenders in the community list their address as homeless, creating a safety concern when homeless individuals occupy abandoned homes in neighborhoods where children play. Mayor Booker emphasized that every child deserves to grow up in a safe and clean neighborhood, and it's the responsibility of elected officials to provide that. He proposed the following motion: "The city manager is directed to assimilate the Kids First Initiative into the full integrity of the city which is in line with our City Vision 'a community of choice where families thrive' as a part of our relentless effort to provide safe and clean neighborhoods and city for kids to thrive. The citizens have funded our dangerous and dilapidated structures program as these properties present challenges due to vagrants occupying by illegal means including unlawful breaking and entering, starting of fires, vandalism, and theft. Direct the city manager to throttle up in 25 the dangerous and dilapidated structure program funded by 2040 to no less than 40 properties to be brought to the city council for consideration per month until less than 40 DND qualified properties exist in the city. The properties considered should represent the worst or most troublesome conditions to the fire and police whether residential or commercial. While complaints should be considered, a proactive culture should exist to identify the worst properties. There are to be no excuses made or accepted in this effort which shall begin in February 2025. The city manager is directed to remove all obstacles to success. Special meetings to address these properties will be at 5:00 p.m. before each regularly scheduled council meeting unless otherwise directed by the mayor. Further direct the city manager to present a plan no later than the February 11th regularly scheduled council meeting to throttle up in 2025 to clean up and beautify the city to provide safe and clean neighborhoods for our kids to thrive. In one year this unique Kids First throttle up plan shall include identification of all properties that do not comply with existing ordinances and policies by a date certain and bring all properties in the city into compliance with existing ordinances and policies; an education campaign before enforcement begins in True North fashion; once enforcement begins, a one-year timetable to 90% compliance of identified properties including a date certain that enforcement begins and a date certain that 99% compliance will be attained; a department status that reports directly to the city manager or his deputy; the department director shall possess the organizational execution and leadership skills equivalent to a command sergeant major in the United 16 States Army; all assigned personnel must be trained in True North and all contact whether in person or by correspondence with citizens and property owners must be in accordance with the True North culture statement including comprehensive training of all applicable ordinances to result in consistent application. This special department will be funded by the Propel 2040 beautification and D and D funds where qualified." MOVED by Councilwoman Hankins, SECOND by Councilwoman Chapman, to direct the City Manager as outlined in the Mayor's suggested motion. MOTION CARRIED (8-0). STAFF REPORTS: 52. Provide City Council with an update on the FY 2024 Audit Process. 23-991 Rebecca Johnson, Finance Director, reported that the 2023 audit has been completed and submitted to the state. The department is now focusing on the 2024 audit, with a goal to complete it in 10 weeks, by the first Council meeting in March. The 2025 audit is planned to be completed by December 31, 2025. EXECUTIVE SESSION ITEMS: MOVED by Councilman Warren, SECOND by Councilwoman Chapman, to enter into Executive Session for items 53, 54, and 55. MOTION CARRIED (8-0). The Council entered Executive Session at 8:46 p.m. MOVED by Councilman Warren, SECOND by Councilwoman Chapman, to return to Open Session. MOTION CARRIED (8-0). The Council returned to Open Session at 10:16 p.m. 53. Pursuant to Section 307B.1, Title 25, Oklahoma Statutes, consider convening 24-1982 in executive session to review the employment of Judge Nathan Johnson as Municipal Judge, and in open session take other action as necessary. MOVED by Councilman Warren, SECOND by Councilman Hampton, to extend the Judge's contract as written with the exception of changing the dates as involved and increasing salary to $140,000. MOTION CARRIED (8-0). 54. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening 24-2251 in executive session to discuss the investigation and possible pending action with Great Plains Improvement Foundation concerning a HOME Program Finding Report received from U.S. Department of Housing and Urban Development to the City of Lawton on July 26, 2024, and if necessary, take appropriate action in open session. MOVED by Councilman Warren, SECOND by Councilman Hampton, to direct the City Attorney's office to file foreclosure actions on the following properties: 8 Northwest 27th Street, 707 Northwest 17 31st Street, 716 Northwest 31st Street, 1611 Southwest 10th Street, 1622 Northwest 48th Street, 2205 Northwest 26th Street, and 2238 Northwest Pollard Avenue, and direct the City Attorney's office to work with Public Affairs to issue a press release for full transparency. MOTION CARRIED (8-0). 55. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening 25-0006 in executive session to discuss the pending action in the United States District Court for the Western District of Oklahoma titled Kent Jackson, as Personal Representative of the Estate of Israel Williams v. City of Lawton, et al, Case No. 5:23-cv-00284-G, and if necessary, take appropriate action in open session. MOVED by Councilman Gill, SECOND by Councilman Hampton, to approve a First Amendment to the Professional Services agreement with the law firm of Steidley and Neal, with said law firm to assume the representation of the defendant Carter. MOTION CARRIED (8-0). ADJOURNMENT MOVED by Councilman Warren, SECOND by Councilwoman Chapman, to adjourn. MOTION CARRIED (8-0). There being no further business, the meeting adjourned at 10:20 p.m. The City of Lawton encourages participation from all of its citizens. If participation at any public meeting is not possible due to a disability, notification to the City Clerk at (580) 581-3305 at least 48 hours prior to the scheduled meeting is encouraged to make the necessary accommodations. The City may waive the 48 hour rule if interpreters for the deaf (signing) is not the necessary accommodation." 18