Month 1999-1 January
Meeting of 1999-1-12 Regular Meeting
MINUTES
LAWTON CITY COUNCIL REGULAR MEETING
JANUARY 12, 1999 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor Cecil E. Powell, Presiding
Also Present: Bill Baker, City Manager; John Vincent, City Attorney; Brenda Smith, City
Clerk
The meeting was called to order at 6:10 p.m. by Mayor Powell. Notice of meeting and
agenda were posted on the City Hall notice board as required by State Law.
ROLL CALL
PRESENT: G. Wayne Smith, Ward One
Richard Williams, Ward Two
Jeff Sadler, Ward Three
John Purcell, Ward Four
Robert Shanklin, Ward Five
Charles Beller, Ward Six
Stanley Haywood, Ward Seven
Randy Warren, Ward Eight
ABSENT: None.
PRESENTATION OF CITIZEN OF THE MONTH AWARD TO PAT HENRY
Donna Richey, Mayor's Commission on the Status of Women, introduced Pat Henry as
Citizen of the Month for January. Mrs. Henry was accompanied by her husband, T. J.
Richey said Mrs. Henry was the first woman to serve as chairman of the Lawton
Chamber of Commerce and Industry; member and president of the Association of the
United States Army Southwest Chapter; board of directors of the National Congress of
Parents and Teachers serving as president; Goodwill Industries Board of Directors; past
member and director of Great Plains Area Vo Tech Foundation; president for Southwest
Mountain Metro Economic Development Task Force; Board of Directors for Lawton
Philharmonic Orchestra Society; Oklahoma Advisory Council on Juvenile Justice; United
Way Board of Directors; and past board of directors member for the Galaxy Institute for
Education. Mrs. Henry currently serves on the Lawton Metropolitan Area Planning
Commission; Comanche County Memorial Hospital Board of Trustees; White House
Commission on Presidential Scholars; and board of directors of Oklahoma Heritage
Association serving as vice president.
Richey said Mrs. Henry has received numerous honors, with the dearest one being
when the Board of Education of the Lawton Public Schools named a new school the Pat
Henry Elementary School in her honor. She said Mrs. Henry's impact on the community
has been great, and that she was an inspiration to the Mayor's Commission on the
Status of Women.
Mayor Powell said it was an honor for him to participate in the award presentation
because the Henry's had sponsored a baseball team for many, many years and he
coached that team. He said they treated other people's children very well and cared for
them and loved them, and that he agreed with the decision at the Board of Education in
naming the building after Mrs. Henry. He said he also appreciated Mr. Henry's efforts in
the community. Mayor Powell read the Certificate of Honor on behalf of the Mayor,
Council and community.
Mrs. Henry said this was indeed an honor and that she almost felt embarrassed to
accept something for doing something for a city that you love so much. She said she
and her family moved to Lawton in 1964 and Lawton had been very, very good to them
so it had been their privilege to give back. Mrs. Henry said she would not have been
able to do the things Ms. Richey mentioned if she would not have had a boss who let
her do that and she thanked her husband. She said there are thousands who volunteer
their time to make this a great place in which to live and that she would accept the honor
in behalf of all the volunteers she had served with over the years, and that it takes more
than one person to make something happen.
PRESENTATION OF HUMAN RIGHTS & RELATIONS COMMISSION QUARTERLY
REPORT - BOBBI WHITSON, CHAIRPERSON
Bobbi Whitson, Human Rights & Relations Commission Chairperson, said the quarterly
report had been provided for Council information and that she would answer questions.
Mayor Powell said he attended a State Human Rights Commission banquet in
Oklahoma City where a Lawton resident was honored, as well as a local hospital. He
said he appreciated the Commission's work.
RECEIVE A PRESENTATION FROM KHEPRA KHEM, PH.D., COMMUNITY
PARTNERSHIP SPECIALIST WITH THE UNITED STATES BUREAU OF THE
CENSUS.
Mayor Powell said he had asked that Lawton participate to the fullest extent possible in
the upcoming census to insure that everyone is counted. He said some are fearful of the
census and there is a need for education regarding the importance of an accurate
count. There is a chance of losing national representation because of the lack of
population count.
Khepra Khem introduced Betty Bledsoe, Manager for Field Operations. He said the
Census Bureau had hired a team of people to try to build partnerships to help educate
the community to spread the word in whatever manner possible. Khem said they had
targeted the Latino community, the American Indian community, the African American
community, the business community, the church communities, and really tried to focus
on essential areas where they could spread the word the best.
Khem said there are three critical, essential issues. People need to be counted because
Oklahoma is at risk of losing a seat in Congress; some have estimated that between 50
and 38,000 is the number we need to count in Oklahoma to maintain six representatives
at the national level. There is a need that all of those representatives remain so
Oklahoma can receive its fair share of the federal dollar. Another critical issue is
redistricting within the State, and people should be educated that their political power is
greatly diminished if they are not counted because they will have less influence to hold
their elected officials accountable. The third issue is the need for critical services.
Census figures determine who gets a street light, a street repair, a school, a library, a
hospital or health facility. Important agencies document needs through census figures; if
there are 900 people counted in one community and only 200 in another, the larger one
would receive the critical service or repair.
Khem said they had recently closed out rural address listing and are ready to begin city
address listing, which will take four to six weeks approximately, depending on the
number hired to do the work. They are looking to hire people from the areas involved
because they are the most familiar with the area. Lawton is beginning to advertise the
job number, which is good, and in Lawton there will be 35 to 38 people hired for that
work, and another 30 in the surrounding areas. Employees will visit community
organizations and churches to talk about questionnaire assistance centers. The
questionnaire will be mailed out in March 2000 and should be returned by April 1, 2000.
People do not do this very well so they will hire census takers or enumerators to visit
with people individually about the information. If the information is incomplete, a census
taker will visit with them so they are encouraging everyone by every method possible to
fill the questionnaire out completely and mail it back. He said it costs the taxpayer $3 to
mail the questionnaire back, but if they have to hire a census taker to retrieve the
information, it costs around $25 for the taxpayer to get that operation done. They plan to
stop operation in this area in September 2000, so between April and September, they
will be trying to cover the gaps and missed neighborhoods. Khem said they had
received good information from Lawton's staff, and the census staff would be working
with them to get the word out and educate the citizens as to the importance of being
counted.
Beller asked what was meant by targeting certain groups. Khem said there is a high
undercount in the American Indian population, upwards of 12%; undercount in the
Hispanic population around 5%; African American population undercount was 4.5%, so
they are targeting them with special messages to tell them to not fear the census but to
trust it, and to educate them on how important it is to be counted and how the census
benefits the community. He said some groups have a language barrier or low literacy
rate, and people must read the questionnaire and check boxes so some need to be
shown how this is done. He said the Asian community may also need assistance.
Mayor Powell asked Khem to explain the long form. Khem said they have a short form
and a long form; the short form has about 30 questions and space for about five people
in a household. The long form gets into more detail, such as how far you travel to work,
how many bathrooms there are in your home, how many rooms there are in your home,
and those questions can help determine the needs and costs for things such as utilities,
road repair, street repair, or transportation needs. The long form will go to every sixth
household; even the short form is intimidating because it folds out about six pages, and
the long form is about 32 pages. People may resent having to answer so many
questions and wonder why there is a need to know how many bathrooms a person has,
but all the questions are of interest to different entities and it is important to provide the
answers.
Haywood asked what the pay per hour would be for the 65 people that would be
employed in the census. Khem said about $9 per hour, depending on the county.
Baker said information in this regard is on the reverse of this month's utility bill to help
advertise and get citizens some employment. He said Bob Bigham is the City's point of
contact and project officer for the census, and he and his staff are already working on it.
Khem said the non-response mail back rates by census tract was fairly high, and up to
43% in some census tracts. Mayor Powell encouraged all citizens to learn how
important the census count is to the community.
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL MEETINGS OF
DECEMBER 8 AND 15, 1998.
MOVED by Williams, SECOND by Haywood, for approval of the minutes. AYE: Beller,
Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION
CARRIED.
AUDIENCE PARTICIPATION: None.
UNFINISHED BUSINESS:
1. Mayor's Appointments. Exhibits: Memorandum.
Beller said the item was tabled in December and one reason for that was so the Council
could get better educated about what happens at the Airport and how appointments are
made. He said we wanted to send a message to the Airport Authority that the City
Council is indeed concerned about what happens at the Airport, and five or six members
and the Mayor attended a meeting last Tuesday at the Airport, so they are aware of the
interest of the Council in the direction the Airport is taking. Beller said some of the
Council had visited with the Mayor and that most of the questions had been answered,
and the City Attorney had provided an opinion.
MOVED by Beller, SECOND by Haywood, to approve the Mayor's Appointments. AYE:
Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None.
MOTION CARRIED.
Appointments are: Parks & Recreation Commission - Jackie Barrett, Ward 1 Member,
Term: 12/21/98 to 12/21/2001; Museum of the Great Plains Trust Authority - Robert
Shanklin, City Member, Term: 1/27/99 to 1/27/2002; Airport Authority: Mike Dixon, Term:
1/9/99 to 1/9/2002
BUSINESS ITEMS:
2. Hold a public hearing and consider an ordinance closing a utility easement
located
in the southwest quarter of Section 36, Township 2 North, Range 12 West, I.M., located
at approximately 2109 SW Lee Boulevard. Exhibits: Application; 300' Notification Map;
Easement (on file in Planning Department); Ordinance No. 99-1.
Baker said staff met with Chuck Wade and representatives of Lowe's this afternoon, and
this item is the next step in this process. He said this easement is located directly under
the proposed location of the building, and the easement must be closed for the project
to proceed, followed by further action by Lowe's. Baker said this afternoon the Lawton
Public School Board met and approved four easements and right of ways, which the City
needs. He said there was a question about the drainage easement, and the original
design was rather extensive in its requirements but an alternative was found and
discussed this afternoon. Baker said Mr. Wade represents both Lowe's and the Lawton
Public Schools and staff was given assurance that once the design was complete on the
drainage, the City would receive whatever easement was necessary to accommodate
that structure, and that was the only easement there was concern about earlier in the
day and that has been worked out. He said staff recommendation was to approve the
ordinance closing the easement.
PUBLIC HEARING OPENED.
Chuck Wade, Attorney for the Board of Education and for Lowe's, said he had delivered
the easements to Mr. Bigham, and there will be changes in the drainage easement. He
said there never has been a sewer line in this particular easement and the sewer line is
located about 20 feet away, and one of the easements approved by the School Board
today and delivered this evening to the City is an easement for the property where the
sewer line is in fact located.
PUBLIC HEARING CLOSED.
MOVED by Purcell, SECOND by Smith, to approve Ordinance No. 99-1, waive reading
of the ordinance, reading the title only, and declaring an emergency.
(Title read by Clerk) Ordinance No. 99-1
An ordinance closing a portion of a utility easement located in the Southwest Quarter of
Section 36, Township 2 North, Range 12 West, I.M., to the City of Lawton; and declaring
an emergency.
VOTE ON MOTION: AYE: Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller.
NAY: None. ABSTAIN: Haywood. MOTION CARRIED.
Mayor Powell expressed appreciation to the City staff and Public Schools staff for
working together for a common cause which will benefit everyone.
3. Hold a public hearing and adopt resolutions declaring the structures at: 1)
1627 SW
Garfield Ave., 2) 2606 SW H Ave., 3) 2515 SW I Ave., 4) 1601 SW Jefferson Ave., 5)
2104 NW Lake Ave., 6) 2145 SW Roosevelt Ave., 7) 305 SW Summit Ave., 8) 1213 SW
Summit Ave., 9) 1215 SW Summit Ave., 10) 907 SW 4th St. to be dilapidated and
detrimental to the health and safety of the community, and authorize the expenditure of
CDBG funds, if necessary, to demolish the structures. Exhibits: Resolution Nos. 99-____ to 99-_____.
Warren asked if the properties listed in the item met the requirements included in the
City Attorney's memorandum as to what we should be doing. Vincent said these were in
the process prior to that memorandum being written, so it was discussed and decided to
bring them to Council for a decision on whether to proceed or not. Warren asked if it
would be appropriate to table the item before the public hearing until such time as the
requirements have been met. Vincent said that would be up to the Council.
MOVED by Warren, SECOND by Shanklin, to table this item until all of the items that
were included in Mr. Vincent's memorandum have been accomplished on these
properties. AYE: Sadler, Purcell, Shanklin, Beller, Haywood, Warren. NAY: Smith,
Williams. MOTION CARRIED.
4. Consider approving an agreement between the City of Lawton and the U.S. Army
Field Artillery Center and Fort Sill for joint use of the water-based recreational facilities
at Lake Elmer Thomas Recreation Area (LETRA). Exhibits: Agreement.
Vincent said the agreement has been finalized and included in the packet; effective date
would be tomorrow.
MOVED by Purcell, SECOND by Smith, to approve the agreement between the City of
Lawton and Fort Sill for the joint use of Lake Elmer Thomas effective tomorrow.
Williams said this is a world class facility and he was glad we were working together to
enhance its usage. He said in the pursuit to get the word out to the citizens regarding its
use, there are also some fine facilities within the City of Lawton at the public lakes, and
use of those facilities should also be encouraged. Mayor Powell expressed appreciation
to Fort Sill for the joint use of the facilities. Purcell suggested the dates on the
agreements be corrected to show 1999. Vincent said that would be done and the date
on Page 37 would be January 13, 2000.
VOTE ON MOTION: AYE: Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren,
Smith. NAY: None. MOTION CARRIED.
5. Consider approving revised Council Policy 1-6, Rules of Procedure, to provide
for
the placement of a non-voting representative of other government agencies to be
seated with the City Council and speak on matters of interest. Exhibits: Revised Council
Policy 1-6.
Vincent said this was presented in December for comment, and Beller and Purcell had
provided comments. He said he could not include all of Beller's comments and still meet
the requirements of the First Amendment to the United States Constitution, but he
attempted to clear it up on Page 50, the third underlined paragraph, the word "only" was
removed to allow flexibility. The other comments related by Purcell were to take out part
of the last sentence of the proposed change also shown on Page 50. Vincent
recommended approval of the item.
Beller said if the gentleman is a part of the group, which he will be, he should be allowed
to participate in all of the discussion. He asked how that would be a problem if he is a
member of the body. Vincent said the members of the body are the members elected by
the people of the City of Lawton, and by rule change, we are allowing an ex-officio
member, a non-elected official, to participate in certain things. Vincent said we do not
want to open all discussions up to the general public. Beller said the person will be an
ex-officio member and he was concerned about "what if" situations, such as where
some Council Members may feel the ex-officio member should be involved in
discussions and others disagree. Vincent said the language states "on matters of
interest to the agency" so the ex-officio member would decide what he wanted to speak
on, if it is of interest to that agency that he is representing as the ex-officio member.
Beller said the agency should be Lawton-Fort Sill. Vincent said the agency is Fort Sill.
Beller disagreed and said if we are pursuing a joint effort, we should be allowed to say in
writing that you can participate in all the discussions. Vincent said he was not saying
that the ex-officio could not participate. Beller said it refers to matters of interest to the
agency. Vincent said if he is the representative of the agency, he makes that
determination. Beller said he hoped it did not cause future problems.
Purcell said on Page 50, last underlined paragraph, we should remember that three
Council Members also represent Fort Sill. He suggested the last sentence read "that the
representative liaison may submit an agenda item for Council consideration to the Mayor
or any Council Member". Purcell said if he was to represent Fort Sill, he wanted to be
able to accept an agenda item from someone at Fort Sill or from the representative, and
the other members would also like the ability to do that. He suggested that after the
word "Mayor" to delete "for consideration" and add "or any council member".
Mayor
Powell said he had no problem with that.
MOVED by Smith, SECOND by Purcell, to approve the Council Policy as amended.
AYE: Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams. NAY: None.
MOTION CARRIED.
6. Consider adopting an ordinance amending Section 19-702, 19-704 and 19-707,
Chapter 19, Lawton City Code, 1995, amending the fees charged by the City of Lawton
for the use of facilities or participation in recreational programs and declaring an
emergency. Exhibits: Ordinance No. 99-2.
Rick Endicott, Acting Parks & Recreation Director, said there are three code provisions
that relate to fees and this is an attempt to place it in one paragraph, and the next item
actually addresses the fees themselves.
Shanklin asked if the concerns in the letter from Marilyn Fever had been addressed.
Baker said yes and that he had spoken with Ms. Fever. Baker said if the items are
included in the budget, which is approved by Council, then the City would be a co-sponsor of the activity
and would not charge the fees. Baker said every effort would be
made in budget preparation to identify the different events and include them in the
budget for Council consideration. Mayor Powell said a meeting was held with Keith
Jackson and Marilyn Fever and others in this regard and they are comfortable with this.
MOVED by Purcell, SECOND by Haywood, to approve Ordinance No. 99-2, waive the
reading of the ordinance, reading the title only, and declare an emergency.
(Title read by Clerk) Ordinance No. 99-2
An ordinance amending Section 19-702, Chapter 19, relating to recreational facility fees;
repealing Sections 19-704 and 19-707; and providing for an emergency.
VOTE ON MOTION: AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams,
Sadler. NAY: None. MOTION CARRIED.
7. Consider adopting a resolution establishing and amending the fees charged
by the
City of Lawton for the use of facilities or participation in recreational programs providing
for an effective date. Exhibits: Resolution No. 99-1.
Endicott said the two areas are sports programs and use of buildings. He said there are
some new fees regarding weekend rates for use of Carnegie Library Town Hall because
it may require paying overtime. Beller asked if the work schedules could be set so that a
person did not have to be paid overtime. Endicott said that can be done in many cases,
although people sometimes do not make a commitment until the very last moment so
we have to rearrange schedules to meet those needs, and sometimes it can be done
and sometimes not, which may require overtime, but the preferred way is to flex the
hours or rearrange the schedule. Endicott said in the sports area, these are the fees that
have been established previously but they had not been codified.
Purcell said the fees for Town Hall were increased a time back. He asked how much of
an increase is included for Town Hall in this item. Endicott said for Town Hall, upstairs,
non-commercial use, daily rate, went from $15 to $20 per hour; weekend rate is a new
rate; Mamie Small Room was $10 per hour and went to $15; so most are about a $5
increase. Purcell said the last increase seemed much larger and he wanted to be sure
this one was not so large.
Shanklin said on Page 57 there is a reservation charge of $75 per field for one to four
hours, additional use will be at the same price per field and for hours used. He asked if it
is $75 whether you use it five minutes or four hours. Endicott asked Roy Crouch, Sports
Supervisor, to respond. Crouch said the fee referred to is under the special event
category for athletic fields and it was not being raised. Shanklin said he was not worried
about an increase but did not understand how the fee would be calculated, and asked if
it would be $75 per field for one hour or $75 per field for four hours. Crouch said for one
to four hours. Shanklin asked if the field was used for six hours, would it be another $75.
Crouch said it is $75 per field for one to four hours usage, and any additional use would
be the same price per field, which is the $75. Haywood asked if it was four hours and
fifteen minutes would it be more than $75. Crouch said he did not think they would be
that technical and would try to work with the group. Shanklin said there could be a
problem in this.
Williams asked for an example of a special event. Crouch said there was a dog show at
the McMahon Softball Complex and there are not that many because most fields do not
have special events.
Shanklin said he felt $75 for four hours should be split up with a minimum of $40 but if
they stay all four hours they would pay $75, and two hours is a pretty long practice.
Williams said it is only for special events, and not athletic events. Mayor Powell said the
athletics are on Page 56.
Haywood asked what the charge would be for use of recreation centers. Endicott said
there is a difference for groups who charge fees and groups that are not charging fees.
It is $75 per hour if the group charges a fee for an event at a recreation center, such as
an event where a person is charged $4 or $5 to get in, that group would pay $75 per
hour. Haywood said many have family reunions at the Owens Multi-Purpose Center and
Patterson Center and asked the fee for those. Endicott said $20 per hour.
MOVED by Smith, SECOND by Purcell, to approve Resolution No. 99-1. AYE: Shanklin,
Beller, Haywood, Warren, Smith, Williams, Sadler, Purcell. NAY: None. MOTION
CARRIED.
(Title only) Resolution No. 99-1
A resolution establishing and fixing fees and charges for the Parks and Recreation
Department various community activity services and use of City buildings, facilities and
grounds for an effective date.
8. Consider rejecting proposals received for co-composting municipal solid waste,
and
authorize staff to purchase printed plastic bags to implement the separate collection of
yard trash program effective April 5, 1999. Exhibits: Memorandum dated 11/9/98.
Jerry Ihler, Public Works/Engineering Director, said that Council directed that RFP's be
received for co-composting of municipal waste; co-composting includes all municipal
waste collected. Two proposals were received, one from Cardinal Engineering in
Norman and one from Earth Care in Fayetteville, Arkansas. The Mayor appointed a
review committee of three Council Members and Ihler and the committee reviewed the
proposals. Committee recommendation shows the most cost effective proposal would
cost the City about $3.4 million per year over and above what is currently spent on
landfill operations. Operating cost for a period of 20 years, which included construction
of cells two and three at the landfill and construction of additional cells under Subtitle D
regulations to the south of the current landfill in ten to twelve years, and compared that
to the cost of the co-composting contract with the low proposal, and the cost difference
over the 20 year period was about $70 million more. The committee accordingly
recommended rejection of the proposals and not proceeding with co-composting
because it is not cost effective to the citizens of Lawton.
Ihler said Council approved a contract in December for purchase of special, plastic trash
bags that would be used for picking up yard waste only, and as part of that process, we
would provide an additional, third pick up for the residents who would need to place their
yard waste trash into the special bags for pick up. The bags would be sold to store
owners who are interested in participating in the program, and residents would purchase
them from those stores at a cost of $5 per package with each package containing ten
bags, so it is a cost of fifty-cents per bag. This concept is to be implemented in April
1999 and will be the first step in separating municipal waste from yard waste which
would allow the beginning of a composting program for the future, and would also
provide for equitable payment for services because those having the most yard waste
would pay the most as a result of having to purchase the bags. Staff was directed to
delay purchase of the bags until the RFP's on co-composting were reviewed. Ihler said
the question now is whether or not to proceed with purchase of the bags.
Purcell agreed the proposals should be rejected but felt there was a problem with the
bags. He said it would be a separate pick up, citizens would be forced to buy special
bags, and it was his understanding that the bags would be dumped in the landfill, at
least for now, instead of putting them with Fort Sill's composting operation or using it for
a composting operation for Lawton. Ihler said it would be mixed with the daily cover.
Purcell said that seemed to be a waste of time, money and effort, although when
composting is operational, he would support it. He said it seemed to accomplish nothing
at this point.
Williams said he understood Ihler to say it would be mixed with ground for daily cover.
He said we should at least get ourselves in a position to start the program and that he
would support this first step to a composting operation.
Sadler said there is a difference in throwing the grass in the landfill and in using it as
daily cover, and there is a savings in using that method. He said he did not support it
initially but we are this far into it so we should try it and see how it works out. Sadler said
if the yard waste is never separated, there will never be a chance to pursue the
composting and other opportunities.
Shanklin said he had pushed for this for almost ten years, and the biggest problem
initially was the inequity of individuals putting 40 bags out and several residents in his
area putting out two bags a week and the price is the same. He said we would need
$700,000 to go to composting. Ihler said it was a $700,000 capital investment for the
equipment and $300,000 per year for operational costs, and that was for a composting
facility similar to the one in Norman. Shanklin said Lawton may be doing that in a year or
so anyway, and Norman has one collection per week for yard waste and one for solid
waste so Lawton may have to look at that. He said this program should be started and a
lot of man hours have been put into this.
Sadler said he thought the bags would not cost so much, maybe about a nickel, and
asked if the bids came in higher than anticipated. Ihler said the bags themselves are
purchased for twenty-one cents and there is an additional cost to provide the UPC
codes that we thought would have been less than a nickel. Ihler said the UPC code was
less than a nickel but the bags were about twenty cents. Sadler said he thought we
would make more money on the sale of the bags.
Warren said there was a number mentioned as to how many feet would be saved in the
landfill by using grass as a cover material. Ihler said with regard to saving space, based
on total volume of yard waste and trash received, yard waste makes up about 20% of
the residential waste that is collected, but the residential refuse is less than 50% of the
overall waste, so it is about 6% of the space per year that would be saved with yard
waste composting. Ihler said the big issue last time was not so much the landfill space
savings, although that was a supplemental benefit, but the biggest issue was equitability
with the number of bags the individuals put out for collection.
Purcell asked when the separate collection takes place, will the separate collection be
used for ground cover and not dump the bags in the landfill. Ihler said it will be used for
ground cover and mixed with ground cover and it will help fill the void spaces that are
currently being filled with earthen dirt material. Purcell asked if we will dump the bags in
the landfill itself. Ihler said when we pick up the bags at the house, we will cut the bags
open and dump the grass into the truck.
Beller said the committee discussed if commercial users bring their waste to the landfill,
there will be no charge as far as yard waste. Ihler said that is correct, residential or
commercial, if they bring yard waste and grass clippings to the landfill in a pick up or
whatever, and it does not have to be in the City bags, if they personally bring it, it can be
in the back of a pick up covered with a tarp, or if it is other bags, we will have to verify
that it is yard waste. Beller said he counted 37 bags in front of one residence last year
and others may have one, two or three bags, so there is an obvious inequity. Beller said
some of the commercial cutters put out very, very large bags that could contribute to
back injuries the solid waste workers may sustain.
Mayor Powell asked if commercial lawn cutters would be charged to dispose of the
grass. Ihler said if they take it to the landfill and dispose of it in the special area that will
be used for this, they will not be charged, nor will a resident. Smith said anyone who did
not want to pay for the bags could take the grass to the landfill themselves and Ihler
said that was correct. Baker said that applies if it is not co-mingled with other waste and
Ihler agreed.
Haywood asked what days crews would pick up the grass. Ihler said pick ups are either
Monday and Thursday or Tuesday and Friday and we currently use 13 crews to pick up
twice a week for residential waste. Ihler said we would have nine crews pick up the
household waste and four crews pick up the yard waste; if you have a Monday and
Thursday pick up, the yard waste would be picked up on Tuesday or Friday and it would
not be on the same day as the regular household waste. Beller said it is only from April
to October and not all year. Ihler agreed and said trash would be picked up November
through March as it is now, two pick ups a week.
Ihler said this is an experiment and pilot program, and we feel we can cover the whole
city with the crews mentioned, but it is a pilot program and has not been tested.
Mayor Powell said the recycling committee is meeting and making gains and he invited
everyone to attend their meeting Thursday at 4 p.m. at the Library. Officials from
Norman will explain their program, which is very successful. Mayor Powell said the
committee would be making a recommendation and he hoped it would be accepted and
not lost through this process. Ihler said the committee will be discussing composting
and recycling. Shanklin said Norman has privatized trash pick up.
MOVED by Williams, SECOND by Haywood, to reject the proposals received from the
co-composting groups and authorize staff to purchase the printed, plastic trash bags to
implement the separate collection of yard waste program effective April this year. AYE:
Beller, Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin. NAY: None.
MOTION CARRIED.
9. Discuss enforcement procedure for enforcement of high weeds and grass code
and
take appropriate action. Exhibits: Enforcement Information.
Warren said last year there appeared to be a misunderstanding between Council and
staff about what Council wanted as far as enforcement of high grass and weeds. He
said the whole point was that people were to be given tickets so they would realize that
they are supposed to mow the grass; nowhere in the memorandum is mention made of
giving a ticket for a violation and that is part of the problem. He suggested having a
council policy that staff is expected to issue a citation any time the grass exceeds the
allowable height in the code, the first time they go, and in ten days when they go back to
check, if it has not been mowed, issue another citation, and if it remains, go through the
process to have it mowed and on down the line. Warren said the problem is the last time
that was done, the subject of junk and debris came up and everyone was cited for that
and everything got clouded as to what Council was talking about. He said high grass is
high grass and it should not take 14 pages of legal documents to tell me that my grass
is eight inches tall or eleven inches tall. He said a resident would obviously know or a
property owner should be responsible to know if the grass is too tall on his rental
properties. Warren said junk and debris is different and he had no problem giving
warnings and talking to people because there could be a question as to whether or not a
person would consider something to be junk and debris, but there is no question about
the grass and no reason we should have to tell someone their grass is twelve inches tall
because they know it and will wait us out to see how long the citizens who live around
them will put up with it. Warren said it creates a horrible burden on those who live in the
neighborhoods and the citation seemed to be a reasonable solution; if you mow your
grass once every two weeks, you do not have to worry about the City of Lawton coming
to your house.
Purcell said he received many complaints last year on this subject; inspectors will verify
complaints and issue an order to mow the grass eventually, and they have ten days to
comply. He said some still do not mow or they appeal the administrative order to Council
in another week or two, so you are then into a month or longer trying to gain
compliance. Purcell said by the time the appeal comes to Council, the owner may
withdraw the appeal. He said some lots are getting mowed twice or maybe three times
over an entire summer and that was the reason the ordinance was passed saying if the
grass was above the limit, they would be issued a citation at that time, as well as the
administrative procedures, but they get the citation and go see the Judge and the Judge
can take appropriate action. Purcell said at least the person would be inconvenienced,
because all of their neighbors are certainly being inconvenienced by the nuisance. He
said he felt that was what Warren was attempting to do, to institute early in the year,
when the weeds are over the limit and someone from the City goes out, they
immediately issue the citation and continue on with the administrative abatement as
before. Purcell said he was not sure if another citation was needed in another ten days
or not, but there is a need for a citation to be issued.
Warren said he was not blaming this on staff and there are many rules in the City, as
well as State laws, and by issuing the ticket the first time, we may not have to go
through so many of those steps because people would know they would get a ticket and
it would cut down on the time.
Beller asked if the ticket was $200. Dan Tucker, Code Administration Director, said that
is the maximum amount. Beller asked if the inspector can indicate on the ticket what the
amount of the fine should be or how do they arrive at the figure. Beller said he
remembered an elderly gentleman receiving a ticket last year for $200 when he received
only $400 a month in Social Security, and there are extenuating circumstances. Purcell
said in those cases, the Judge may not fine them $200. Beller asked if there was a
specific amount. Tucker said no. Beller asked who determines the amount that is to be
paid as a result of the ticket. Shanklin said the Council can. Tucker said the Judge does.
Warren said the Judge can throw it out, charge $10 or $200, it is up to the Judge.
Warren said we need to get those people down to the Judge's chambers so they have
to do something and not just sit at home and watch the grass grow. Shanklin said
Council can set the fine at $25 if it so desired and it does not have to be the maximum
amount.
Shanklin said he did not know that a ticket should be written the first time an inspector
goes out. He said the inspector could call their attention to the height of the grass and
tell them if they do not abate it within ten days, then a ticket would be issued, and staff
will have that record. Shanklin said it may be difficult for elderly people to get their grass
mowed and that should be considered. He asked who would get a ticket on a rent house
when the owner is not present. Vincent said under the code, both can be given a ticket.
Shanklin asked if the tenant can be given a ticket and Vincent said yes. Mayor Powell
asked if the owner could also be given a ticket and both of them be made to pay.
Vincent said yes, and if there is a management company involved, they can also be
given a ticket. Shanklin said they thought Mr. Kirby had legislation passed where a sign
could be posted on a house and if the nuisance was not abated within ten days, the
ticket would be given, but there is a process requiring 30 days at some step in State law.
Vincent disagreed and said the ticket process and abatement process are completely
separate.
Warren said we are missing the point; we can issue a ticket to the renter, property
owner, and so forth, but the Judge is the one who will listen to the story and either fine
them or not. He said Code Inspection should not get involved with that and Council
should give direction as to what they expect and allow the Judge to do his job.
Williams said there is an ordinance in effect now and it is a matter of enforcing it. He
asked Baker if he felt there would be a problem in directing staff to enforce the
ordinance as it is written at the present time. Baker said he did not see a problem with
that.
Baker said this is a big problem in the community, and while he was Assistant City
Manager for the last three years, he had received more complaints on this issue than
any other issue. Last year was an exception due to the drought, but the two previous
years were bad and complaints numbered in the thousands. It is a nuisance to the
neighbors and a frustration when it cannot be corrected, and they call the City and have
to tolerate the problem next door to them in the neighborhood. Baker said it can be
enforced but it would be helpful to have some policy guidance because in the past,
Code Administration had been caught in the middle. He said he remembered when this
was placed on the agenda by Council Member Maples, and shortly thereafter, the
guidance from the City Manager to Tucker was to write a ticket on any code violation, so
that was done and there was a reaction to that because it did not appear to be fair.
Baker said he felt the intent was just on the high weeds and grass, but the direction
Tucker was given by the City Manager was to write a citation on every code violation.
Baker said he could give Tucker that same guidance and be within his authority to tell
him that, but he felt we were looking for policy guidance from Council because we do
not want to get into the summer months and find out that we are enforcing this in such a
manner that is not in agreement with the Council's wishes and then create problems
during the season. He said he was glad it was placed on the agenda now so the
direction can be provided before the growing season starts.
Purcell said he would make a suggestion and then put it in the form of a motion. He said
he agreed with Shanklin that the first time they go in response to a complaint, they start
the ten day process, then leave a note saying you have ten days to abate this. Tucker
agreed. Purcell said at the end of ten days, the inspector goes out to see if it has been
abated. Tucker agreed. Purcell said if it has been abated, that is the end of that issue
for that time period, and if it is not abated, you then start the administrative order
procedure. Tucker said Shanklin was talking about three ten-day periods in the State
Statutes that are addressed, and we used to handle them on the basis of the first ten
days, then you had another ten days, then you had another ten days, but now we give
the ten day options all at the same time. Purcell said he understood that, but after ten
days, you go back and see if it has been mowed. Tucker said if it has not been mowed
at that time, we issue the order to the contractor to mow the property. Purcell said with
that in mind, he was suggesting that when they go out and find the violation the first
time, they do exactly what they are doing now; when they go out after the ten days is up
and it still needs to be mowed and you have to issue the order to the contractor, that is
when the citation is issued because the person has gotten a warning that he has ten
days to take care of it, and he still has not done so, we then issue the ticket as well as
the order to mow, and if that is agreeable, he would put that in the form of a motion that
we need to give guidance to the City Manager that that is how we want this enforced,
and emphasized that he was only speaking of high weeds and grass period. He said he
would make that motion that we issue the citation at that time, when they go out after
the ten days and it has not been mowed.
Haywood asked if Tucker was saying the same thing as Purcell. Tucker said with the
exception of the ticket; we get people to court in two ways, one is through seeing a
person and issuing an actual, hard copy ticket, and the other way is to file charges
against a person in Municipal Court and having a summons issued and the person
appears before the court to be arraigned. Tucker said last year, there were 1,351 high
grass and weeds complaints; of that number, when inspectors knocked on the door and
made contact, 664 people took care of it right then and there; there were 687 that we
had to send the admin order out to and if we tell you today that your grass is high and
you say I'll mow it this afternoon, we do not send the admin order until tomorrow after
we go back and see whether you did or did not mow it. Of the 687 administrative orders
that we sent out, we only had to mow 180 individual properties. There were 12
properties that were repeats where we had to mow a second time, and of that 12, we
issued seven citations. One of the major advantages of doing the admin order is the City
has a six month window where we do not have to tell the person any more to mow the
grass.
Warren said his real concern is the time. He asked if we are talking about grass that is
12 inches tall, and Tucker said yes. Warren said if it grows two inches a week in a good
growing season, the neighbors would have to put up with that nuisance for six to eight
weeks. He said after a person takes that whole time, they may have to mow the grass
twice all year, and we are trying to get away from that. Warren said just as Tucker was
saying, when we knock on the door and warn them, we are getting some action, but we
should not have to brow beat people into following the code. He said the only way he
could agree to Purcell's motion would be to allow people who run red lights and speed to
get a ten day warning, such as if you do not stop speeding within the next ten days, we
will write a ticket. Warren said it made no sense to have a code and not follow it.
Williams asked if the two ways to get a person before the judge were to issue a ticket or
an administrative order. Tucker said no, it is writing a ticket or filing a complaint of a
nuisance, but not an administrative order. Williams said if you wrote the ticket, that
would be the easiest and quickest way, and the person may not even have to be
around, as was the case with the old parking meters where a ticket was left on the
windshield of a car, and it would seem that a ticket could be placed on the door or on
the house. Tucker said that works with parking because there is a vehicle tag and the
owner is responsible, but when we send a complaint to court filled out with only a name
and no social security number, it could be a problem. Williams said you have the legal
description of the house and the name of the owner. Vincent said the complaint must be
issued to an individual and at the time the inspector is there, he may or may not know
who owns the house. Williams said he heard previously that it did not matter. Vincent
said it does matter; if the individual is at home, the inspector knocks on the door and
can write a ticket based on the identification
that individual has; otherwise, they come back and do legal research to determine the
owner and send out a summons. Shanklin said that is time consuming at the Court
House and Vincent agreed. Vincent said we have to have someone to hand the ticket to.
Haywood said he was saying ten days because there are circumstances where
someone could have a heart attack or be in the hospital for two weeks. He said the
person should have ten days before being given a ticket.
Purcell said that would do away with the problem because Code Administration has to
know who owns the house because he has to issue the administrative order to
someone, and that same name then goes on the ticket at the end of that ten day period.
He said he understood that Warren wanted it done the first time, but he was willing to
say, give them the ten days, and when you go back out if it is abated, there is no ticket,
but if not, the minute he issues the administrative order, he issues a citation and the
judge can decide what he wants to do with it.
Shanklin suggested directing staff to come back with something at the next meeting.
Tucker said one of the problems is making the owner aware that it is a violation, and
once they know that twelve inches is the magic number, then he had no problem issuing
a ticket. One of the things they had been telling the neighborhood associations was
when the grass gets to seven, eight or ten inches, before it becomes a major problem, if
they will let Code Administration know, they will give notice that if you allow it to continue
that it will become a misdemeanor, and then if they have not complied when it actually
gets to a point of violation, they can do something about that. Williams suggested
placing the information on the back of the utility bill. Warren said we have access to the
newspaper, television and putting it on the back of the water bill. He said Purcell's
motion is basically what we are doing right now.
Mayor Powell asked that the motion be restated.
MOVED by Purcell, SECOND by Smith, to direct the staff to come back, if that's what
they need to do, that it be the council policy that we issue a citation in accordance with
the ordinance whenever Dan has to go back out and issue an administrative order; we
don't do it the first time, but the minute Dan issues an administrative order on high
weeds and grass, he also issues a citation.
SUBSTITUTE MOTION by Warren, SECOND by Williams, to direct staff to enforce the
code as it is written and issue a ticket upon the discovery that grass is over the amount
allowed in the code.
Shanklin asked if Warren wanted to establish a dollar amount for the first ticket. Warren
said the judge could do that. Shanklin said Council had set fines for certain violations in
the past and not everything is a $200 fine. Vincent said it would require an ordinance
amendment to set a fine schedule for this type of violation and that cannot be done
under this agenda item. Shanklin said that was the reason he suggested earlier that
staff study it and bring it back.
Mayor Powell asked that the Substitute Motion be repeated. Warren said the substitute
motion is that Council direct staff to follow the code and issue a ticket or citation
whenever the grass is discovered to be at a height greater than allowable by code.
VOTE ON SUBSTITUTE MOTION: AYE: Warren, Williams. NAY: Haywood, Smith,
Sadler, Purcell, Shanklin, Beller. NAY: None. SUBSTITUTE MOTION FAILED.
Mayor Powell asked if it was appropriate to vote on the original motion at this time.
Vincent said yes and that he did not think there needed to be a council policy and this is
ample staff direction. Mayor Powell asked that the original motion be repeated. Purcell
said the motion is that the City Manager direct the staff to issue citations at the same
time they issue the administrative order for high weeds and grass only.
VOTE ON ORIGINAL MOTION: AYE: Smith, Sadler, Purcell, Beller, Haywood. NAY:
Warren, Williams, Shanklin. MOTION CARRIED.
10. Consider directing staff to return appropriate documents to allow use of
golf carts
by disabled persons or senior citizens in camping and recreation areas at City lakes.
Beller said he requested the item and that the Lake & Land Commission considered it
last week. He said it was not his intent that anyone be allowed to operate a golf cart on
a city street. The concern is at the lakes in the recreational areas, people have golf
carts, which are non-gas burning vehicles and most of them are electric, and it is a
means of conveyance for them to get from the camping sites to the fishing piers or the
areas they want to access. Beller said the law enforcement people at the lakes pointed
out that golf carts could not be issued licenses or permits to be operated on city streets,
and it was not his intent that they be allowed on city streets but they should be allowed
in the recreational areas. He suggested the use be allowed by any licensed driver over
the age of 18, rather than limiting it to disabled or senior citizens. He said there is no
cost involved and that he could not believe that people could not get back and forth
without a policeman stopping them for a violation. Beller said at many golf courses, one
portion would be on one side of a highway and another portion on the other side, so you
drive across the highway to get to the other side, and he did not view that as a violation.
He said tonight there were pieces of huge, earth moving equipment being driven down
Cache Road and they are likely not licensed to do that and that he did not see a tag on
them.
Vincent said he felt a solution had been found and an item could be returned if Council
so directed.
Warren asked if the roads at Lakes Lawtonka and Ellsworth are considered city streets.
Vincent said yes. Warren asked if the State requires following certain traffic laws.
Vincent said yes. Warren asked if those State laws require that golf carts not be
permitted to drive on those streets. Vincent said yes. Vincent said the solution being
considered is to create a path adjacent to the street and mark designated areas to cross
the street, if that is required, to another area where there is a path, and they are never
physically on the street except in the designated crossing area. Vincent said golf carts
cannot be licensed by State law or be operated on public streets, and we could remove
the designation of public streets in those areas but there would be an enforcement
problem with drunk driving and speeding so that is not a viable option.
Williams said he supported this item and asked if another path would have to be
constructed by the roads, which are only made of gravel. Vincent said some are paved
and we are talking about building another paved street out there as an access. Vincent
said there is an indication also that the areas have been designated as city parks, and
that may create another problem to be dealt with, but he felt a solution could be
reached.
Smith said he had been at Lake Lawtonka on busy holiday weekends and he was afraid
someone could be killed. Beller asked if Smith was referring to the skiers. Smith said he
was referring to the golf carts. Smith said kids would probably be operating their parents'
golf carts. Beller said it would be limited to licensed drivers. Smith said he could not
support the issue. Vincent said there is a designated area for three or four wheelers and
those types of vehicles, and those cannot be operated anywhere outside those
designated areas.
MOVED by Beller, SECOND by Williams, to ask staff to bring back something for
Council to consider that would permit the use of golf carts in recreational areas.
Vincent said he would like to return the item to the second meeting in March and Beller
agreed.
Warren said he did not have a problem with this if there is a designated area, but there
is a problem with Council setting a policy or code and then saying "except". He said if it
can be done with a separate road, he did not have a problem with it. Vincent said we
cannot allow golf carts, three wheelers, or similar vehicles to be operated on the
designated city streets at either lake. Vincent asked if we are talking about just the
lakes, licensed drivers over 18 and just golf carts. Beller said yes.
Sadler asked if a person could be given a ticket for operating a golf cart if they are
intoxicated. Vincent said it is city property and an intoxicated person can be charged
with public intoxication, whether they are driving or not.
Shanklin asked if they would be allowed to drive anywhere except on the designated
roads except when crossing. Vincent said he needed to talk to the Police Chief and
Public Works Director about how an area could be designated for them to get from a
camping area to the concession store, and that he was not talking about driving all over
the lake property in a golf cart. Beller said no, but if they wanted to go down to one area
or another, or visit another camper, he did not think there would be a problem with
enforcement. Beller said he did not think it should be strictly from the camping area to
the store. Vincent said staff would work on the item.
VOTE ON MOTION: AYE: Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren.
NAY: Smith. MOTION CARRIED.
11. Consider adopting a resolution amending Appendix A, Schedule of Fees and
Charges, Lawton City Code, 1995, amending fees for Fire Protection Outside City
Limits. Exhibits: Resolution No. 99-2.
Don Barrington, Fire Chief, said the fees have not been changed for quite some time
and the proposal is to raise the fees from $100 per hour per unit to $200, and from $2
per mile to $4 per mile per vehicle. He said this will cover the increased cost of operation
of the equipment for Lawton's equipment to respond to calls for assistance outside the
City limits.
Shanklin asked if we respond to emergencies outside the City limits for those with
contracts even though there is no exchange of funds until they use the service.
Barrington said yes. Shanklin said in some areas, you pay a fee every year for fire
protection and that should be considered and a fee charged whether we have to
respond or not. Shanklin asked if we respond to emergencies such as grass fires,
knowing there will never be a payment received. Barrington said other departments
operating in the vicinity may request assistance, or if the fire is bordering our limits, we
do respond. Shanklin asked if we expect to be paid for that service. Barrington said we
do submit a bill for payment for those even though there is not an agreement, and that
he and the City Attorney had been working on the agreements. Shanklin asked if we do
not respond to someone ½ mile outside the City limits if they call in and say their house
is on fire and Barrington said yes, we do not respond according to the implication of the
agreement.
Vincent said many agreements have expired and we have continued to respond to
those. He said they had developed a new agreement and would be sending it to all
those who have current or expired agreements, and hoped the newspaper would publish
a story that people outside the City limits need to enter into agreements with the City if
they do not have any other actual access to fire protection services, such as if they are
in the Flower Mound area, they should be using the Flower Mound rural fire protection,
or the same with Cache. Vincent said they are developing a mutual aid agreement to
enter into with other fire companies, whether it be Cache, Flower Mound, Medicine Park,
etc. where Lawton can provide service and receive service from them on an as-needed
basis. He said the State Statute authorizing providing service outside the City limits
requires an agreement. Lawton has agreements with the County and Fort Sill. The
individual property owners have to enter into agreements with the City, and they had
looked at pre-paid agreements but Lawton is equipped to handle City operations only
within the City limits. The agreements provide that we do not respond outside the City
limits unless we have the equipment and personnel to send out there without lessening
the service to the citizens of the City of Lawton. If we enter into an subscription
agreement that is pre-paid, we must provide the service even if it would affect the
service to the citizens of Lawton, so a decision was made during the process of
structuring the new agreement that is in the process of being sent out that we are giving
the Fire Chief and his deputies the authority to say no because there may be a big fire
taking place in Lawton and the equipment cannot be sent five miles outside the City
limits to help someone.
Warren said he felt this was still very cheap because our costs on an hour run would
probably be closer to $2,000 than $200, although it would be difficult to calculate the
costs.
MOVED by Purcell, SECOND by Shanklin, to approve Resolution No. 99-2. AYE:
Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None.
MOTION CARRIED.
(Title only) Resolution No. 99-2
A resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code,
1995, amending fees for fire protection outside City limits and providing for an effective
date.
12. Consider adopting an ordinance notifying the public of the publication of
Supplement No. 3 to the Lawton City Code, 1995, and declaring an emergency.
Exhibits: Ordinance No. 99-3.
Vincent said Supplement 2 was published in July 1998. He said Supplement 3 was
prepared with the Code Master equipment in his office and that they hoped to have it on
the web site soon.
MOVED by Shanklin, SECOND by Smith, to adopt Ordinance No. 99-3, waive reading of
the ordinance, reading the title only, and declare an emergency.
(Title read by Clerk) Ordinance No. 99-3
An ordinance approving Supplement No. 3 to the Lawton City Code, 1995, directing
filing and notification of the publication of Supplement No. 3 to the Lawton City Code,
1995, and establishing a fee for the sale of Supplement No. 3, and declaring an
emergency.
VOTE ON MOTION: AYE: Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith,
Williams. NAY: None. MOTION CARRIED.
Mayor Powell said a person had wanted to speak regarding the Parks & Recreation
item, specifically using Town Hall once a month for feeding the hungry, and asked if
Council would allow comment at this time; there was no objection.
Domingo Herrera, 1210 S 24th Place, said he was representing the Pastor of the House
of Bread Ministry who feed the hungry once a month. This has been going on for two
years at the Town Hall at no fee. The building has been used on Saturday for about
three hours to feed the hungry and provide clothing. Last month they were told they
would have to start paying a fee to use the facility for three hours on the fourth Saturday
of the month. He said they make no profit in this regard and provide assistance to the
community. Herrera requested the City waive the $20 per hour fee that is proposed to
be charged as they are reaching out to the community.
Baker said he had talked with representatives of this organization several times. He said
he was advised that the City cannot legally provide exemptions and provide this at no
cost. Vincent said staff had been approached by agencies several times in the past six
months, not only this agency but also Habitat for Humanity, Great Plains Improvement
Foundation, and others, to donate services, and we are by law not authorized to donate
services to non-governmental agencies. Vincent said we could possibly come up with
some type of fee schedule that might not be an onerous, but we have to charge.
Williams asked if a donation could be made back to the organization, possibly through
CDBG. Vincent said if they become a recognized agency under CDBG, it is a different
situation entirely. Haywood asked if it would be sufficient to charge $1. Vincent said he
would have to look into that.
Warren asked if it was a for profit organization and Herrera said a non-profit
organization. He asked if Council could provide a donation to the organization from
Council Contingency funds. Vincent said no, Council cannot use tax dollars for the
benefit of any private, profit or non-profit, corporation or agency. Vincent suggested
seeking assistance through CDBG as Williams mentioned. Vincent said the VFW was
provided office space in town hall in another town, and a taxpayer suit was successful in
pointing out the illegality of providing office space to the agency and the town lost.
Mayor Powell suggested Herrera and his organization meet with Mr. Pondrom to see if
something could be worked out with CDBG.
Warren said the fees are set by code and it cannot be waived, but at the same time, the
code requires your grass be cut to 12 inches but an inspector is to go out there and not
give a citation the first time. He said an explanation was needed as to why we cannot
not charge them, just like we cannot give someone a ticket for high grass and weeds.
Vincent said whether or not a ticket is issued on a criminal violation is a discretionary act
on the part of a law enforcement officer, and in this case it is the Code Administration
Department. He said it is a discretionary act on the first offense, similar to a police
officer stopping someone for speeding where he may issue a citation or he may issue a
warning, and it is within the discretion of the law enforcement officer. Vincent said here
you are talking about an administrative process versus a law enforcement process in
renting a city facility to a non-government entity, whether it be a family reunion or these
folks for the very good cause of feeding the hungry, or the VFW for publishing their
newspaper and providing assistance to a town.
CONSENT AGENDA:
13. Consider the following damage claims recommended for denial: Earl and Jane
Conti; Bruce Johnson; and Lillian Priest. Exhibits: Legal Opinions/Recommendations.
Action: Denied the claims.
ITEMS 14, 15 AND 16 WERE CONSIDERED SEPARATELY AS SHOWN BELOW.
17. Consider a resolution requesting Oklahoma Department of Transportation (ODOT)
to increase the speed limit on "Rogers Lane" US-62 from NW 82nd Street easterly 1.75
miles to a point located 0.25 miles west of NW 52nd Street. Exhibits: Resolution No. 99-8; Excerpt of
12/17/98 Draft Traffic Commission Minutes; Letter dated 11/23/98 from
ODOT.
(Title only) Resolution No. 99-8
A resolution authorizing the installation and/or removal of traffic control devices at
certain designated locations within the City of Lawton, Oklahoma.
18. Consider a resolution authorizing the installation and or removal of traffic
control
devices at specified locations. Exhibits: Resolution No. 99-9; Excerpt of 12/17/98 Draft
Traffic Commission Minutes.
(Title only) Resolution No. 99-9
A resolution authorizing the installation and/or removal of traffic control devices at
certain designated locations within the City of Lawton, Oklahoma. INSERT
LOCATIONS;
ITEM 19 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.
20. Consider adopting a street light resolution to authorize installation of
additional
street lighting along SW 11th Street from the SW 5100 block of SW 11th Street south
past the I-44 Interchange. Exhibits: Street Light Resolution Number 405.
21. Consider entering into an agreement with Great Plains Improvement Foundation
(GPIF), Inc. for operation of the Community Development Small Business Revolving
Loan Fund. Exhibits: Agreement. Action: Approve the Agreement, and authorize the
Mayor and City Clerk to execute the agreement between the City of Lawton and Great
Plains Improvement Foundation, Inc. for administration of the Community Development
Block Grant Small Business Revolving Loan Fund (SBRLF).
22. Consider approving an agreement with Great Plains Improvement Foundation,
Inc.
(GPIF) in the amount of $46,395.00 for the implementation of the Lawton View Youth
House Project. Exhibits: None. Action: Approve agreement between the City of Lawton
and Great Plains Improvement Foundation, Inc. and authorize the Mayor and City Clerk
to execute the agreement.
23. Project Safe Place Agreement. Exhibits: Letter of Agreement. Action: Approve
Agreement and authorize the Mayor and City Clerk to execute the agreement.
24. Consider adopting a resolution authorizing the Mayor and City Clerk to execute
an
Industrial Access Road Agreement with the Department of Transportation of the State of
Oklahoma (ODOT) for the Flower Mound Road from Lee Boulevard to Bishop Road
Project. Exhibits: Resolution No. 99-10; Agreement.
(Title only) Resolution No. 99-10
A resolution whereby the City Council of Lawton, Oklahoma authorizes the execution of
an Industrial Access Road Agreement with the Department of Transportation of the
State of Oklahoma for the Flower Mound Road from Lee Boulevard to Bishop Road
Project under plans and specifications for State Aid Project No. SAP-116D(030), Job
No. 17594(04), in accordance with the terms and tenor of 69 O.S. 1991, Sections 1205,
1206, 1401 and 1403.
25. Consider awarding a construction contract to Kent Waller Construction for
the
Central Fire Station Renovation Project 97-16. Exhibits: 12/29/98 Bid Tabulation. Action:
Award contract to Kent Waller Construction in the amount of $55,634.00.
ITEM 26 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.
27. Consider approving Change Order No. 2 for the NW Cache Road Waterline
Project 97-8 with M.L. Young Construction Corporation. Exhibits: Location Map. Action:
Approve Change Order No. 2 with ML Young Construction Corp.
28. Consider accepting a permanent easement from Ronald L. Hardzog for the 42"
raw water line in the southeast quarter of Section Thirty (30), Township Four North (T-4-N), Range Eleven
West (R-11-W). Exhibits: None. Action: Accept a permanent
easement from Ronald L. Hardzog.
ITEM 29 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.
30. Consider authorizing the Mayor and City Clerk to execute a quit claim deed
to
Ivanhoe, Inc. for Block 15, Lot 12, Sherwood Addition, Part 5. Exhibits: Quit Claim Deed.
Action: Void action to execute a warranty deed and authorize execution of a quit claim
deed to Ivanhoe, Inc. for Lot 15, Block 12, Sherwood Addition, Part 5.
31. Consider approving a Release of Mortgage on residential property belonging
to
Lee and Barbara Morris located at 2403 SW D Avenue, Lawton, Oklahoma, and
authorize execution of the Release of Mortgage. Exhibits: Release of Mortgage;
Mortgage. Action: Release Mortgage.
ITEM 32 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.
ITEM 33 WAS PULLED FROM THE AGENDA AND NOT ACTED ON: 33.Consider
accepting a Warranty Deed for a ten (10) foot strip along the west side of the Health
Department property from the Board of Education of Independent School District No. 8
in the southwest quarter of Section Thirty-Six (36), Township Two North (T-2-N), Range
Twelve West (R-12-W). Exhibits: None.
34. Consider awarding contract for Police Uniforms and Accessories. Exhibits:
Vendor's Mailing List; Bid Tabulation; Department Recommendation. Action: Award
contract to Skaggs Public Safety Uniform and Equipment, of Dallas, TX.
35. Consider awarding contract for Dairy Products for City Jail. Exhibits: Vendor's
Mailing List; Bid Tabulation; Department Recommendation. Action: Award contract to
Hiland Dairy Foods, of Norman, OK.
36. Consider awarding contract for Police Footwear. Exhibits: Vendor's Mailing
List;
Bid Tabulation; Department Recommendation. Action: Award contract to Tuxall
Uniform, Oklahoma City, OK.
37. Consider awarding contract for Dump Truck Hauling. Exhibits: Vendor's Mailing
List; Bid Tabulation; Department Recommendation. Action: Award contract to Lawton
Transit Mix, Inc., of Lawton, OK.
ITEM 38 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.
39. Consider extending contract for Billboard Display Advertising. Exhibits:
Vendor's
Mailing List; Bid Tabulation; Department Recommendation. Action: Extend contract with
Kehler Outdoor Advertising, of Bartlesville, OK.
ITEM 40 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.
41. Appointments to Boards. Exhibits: Memorandum. Parks and Recreation: Jerry
Thorne, Term: 1/12/99 to 1/12/2001
42. Consider approval of payroll for the period of January 11 through 24, 1999.
Exhibits: None. Action: Approved.
Mayor Powell asked that Item 33 be stricken from the agenda. Shanklin asked for
separate consideration of Items 15, 16, 19 and 40. Vincent asked that Item 32 be
considered separately. Williams asked that Items 26, 29 and 38 be considered
separately.
MOVED by Haywood, SECOND by Smith, to approve the Consent Agenda as
recommended with the exception of the items requested to be considered separately.
AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams, Sadler. NAY: None.
MOTION CARRIED.
14. Consider the following damage claims recommended for approval and consider
passage of the resolutions authorizing the City Attorney to file friendly suits for the
claims which are over $400.00: Martin and Doris Babb; Charles and Mary Beller; Larita
Bishop; James and Earnesine Evans; John and Jean-Rose Ferguson; Eric and Brenda
Hester; Rosalie and Laverne Pennah; and Southwestern Bell Telephone Company.
Exhibits: Legal Opinions/Recommendations; Resolution Nos. 99-3 through 99-7. Claim
amounts: Bishop - Reduced to $100; Ferguson - $170; Hester - $45.
(Title only) Resolution No. 99-3
A resolution authorizing and directing the City Attorney to assist Martin S. and Doris S.
Babb in filing friendly suit in the District Court of Comanche County, Oklahoma, against
the City of Lawton; and authorizing the City Attorney to confess judgment therein in the
reduced amount of Three Thousand Three Hundred Thirty-Three and 12/100 Dollars
($3,333.12).
(Title only) Resolution No. 99-4
A resolution authorizing and directing the City Attorney to assist Charles P. and Mary
Beller in filing friendly suit in the District Court of Comanche County, Oklahoma, against
the City of Lawton; and authorizing the City Attorney to confess judgment therein in the
reduced amount of Four Hundred Ten and No/100 Dollars ($410.00).
(Title only) Resolution No. 99-5
A resolution authorizing and directing the City Attorney to assist James W. and
Earnesine Evans in filing friendly suit in the District Court of Comanche County,
Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess
judgment therein in the reduced amount of Two Thousand Three Hundred Fifty and
No/100 Dollars ($2,350.00).
(Title only) Resolution No. 99-6
A resolution authorizing and directing the City Attorney to assist Rosalie and Laverne
Pennah in filing friendly suit in the District Court of Comanche County, Oklahoma,
against the City of Lawton; and authorizing the City Attorney to confess judgment
therein in the amount of Two Thousand Two Hundred Eight-three and 28/100 Dollars
($2,283.38).
(Title only) Resolution No. 99-7
A resolution authorizing and directing the City Attorney to assist Southwestern Bell
Telephone Company, in filing friendly suit in the District Court of Comanche County,
Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess
judgment therein in the amount of One Thousand Three Hundred Fifteen and 98/100
Dollars ($1,315.98).
MOVED by Purcell, SECOND by Williams, for approval of the damage claims as
indicated in Item 14. AYE: Shanklin, Haywood, Warren, Smith, Williams, Sadler, Purcell.
NAY: None. ABSTAIN: Beller. MOTION CARRIED.
15. Consider establishing a project "Rogers Lane-West 82nd Street Reconstruction"
in
the 1995 Sales Tax Capital Improvement fund and authorize the transfer of funds.
Exhibits: Memorandum from Public Works/Engineering Director; 1995 Sales Tax Capital
Improvement Report.
Shanklin said he wanted to bring to the attention of the audience that in the 1995 Capital
Improvement Fund, we are transferring $16,000, leaving in the 1995 CIP $1,159,000
that is not encumbered. He asked if that was correct. Steve Livingston, Finance
Director, said that was correct. Shanklin asked if the $2.5 million was allocated toward
the detention pond and if that was in concrete. Shanklin said it was earmarked but staff
shows it listed in concrete and Council never really put it in concrete.
MOVED by Shanklin, SECOND by Smith, to approve Item 15. AYE: Beller, Haywood,
Warren, Smith, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.
16. Consider transferring 1990 Sales Tax Capital Improvement funds to the Rogers
Lane - West 82nd Street Reconstruction. Exhibits: 1990 Sales Tax Capital Improvement
Report.
Shanklin said this item concerns the 1990 CIP and we are transferring $92,000 to the
Rogers Lane and 82nd Street Project. He asked if there was a remaining balance of
$575,000 or if the transfer takes out all of the funding. Livingston said the balance is
appropriated but unencumbered in this particular report. Livingston said the funds being
transferred are those that were freed up as a result of finishing other projects. Shanklin
asked if Council could go back to the 1990 CIP in the future and expect any funds to be
remaining. Livingston said it still earns a little interest, such as $200 per month, and
there could be funding left over from projects which are not yet completed, and those
funds could be transferred to another project, as is the case with this item. Shanklin said
the point is that it has taken ten years to spend the 1990 CIP, which is significant for the
taxpayer to understand.
MOVED by Shanklin, SECOND by Williams, to approve Item 16. AYE: Haywood,
Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION
CARRIED.
19. Consider denying requests for the installation of traffic control devices
at specified
locations. Exhibits: Excerpt of 12/17/98 Draft Traffic Commission Minutes.
Shanklin said he had requested no parking on 9th Street between Columbia and
Dearborn by Washington School. He said cars are parking on both sides of 9th Street
and it is a dangerous situation and both the school and Old Town North requested the
no parking signs. Shanklin said that is not included in this item but action is needed.
MOVED by Shanklin, SECOND by Smith, to approve Item 19. AYE: Warren, Smith,
Williams, Sadler, Purcell, Shanklin, Beller, Haywood. NAY: None. MOTION CARRIED.
26. Consider awarding a construction contract to S Construction for the H.C.
King
Parking Project 98-9. Exhibits: 12/29/98 Bid Tabulation.
Williams said this project had taken a long time but the rebid came in lower than the
engineer's estimate. He said those who use the facility will be very appreciative of the
improvement, especially since they have been told to stay off of the grass with their
vehicles.
MOVED by Williams, SECOND by Haywood, to award the construction contract to S
Construction Inc. for the H.C. King Parking Project 98-9 in the amount of $16,233.00.
AYE: Smith, Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None.
MOTION CARRIED.
29. Consider authorizing the Sewer System Technical Division to make additional
fee
payments to the Bureau of Indian Affairs (BIA) for easements required for the Bishop
Road Interceptor Project 98-2 (SSES). Exhibits: Resolution No. 98-194.
Williams asked the reason for the increased amount of funding required for the
easement. Ihler said the City submitted the appraised value, in the amount of $4,400,
which was twice the amount of the appraisal. He said it was reviewed by the BIA, and in
accordance with their CFR, there was a minimum amount with regard to the value of
$38 per yard, which caused the dollar value to be adjusted to $12,000 and the City will
receive 50% back upon completion of the project. Ihler said $6,000 for the right of way
being received is a good value.
MOVED by Williams, SECOND by Smith, to authorize the Sewer System Technical
Division to make additional fee payments in the amount of $7,760.00 to the BIA for
easements required for the Bishop Road Interceptor Project 98-2 (SSES). AYE:
Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None.
MOTION CARRIED.
32. Consider accepting a permanent drainage right of way, a permanent utility
right of
way and a temporary easement from the Board of Education of Independent School
District No. 8 in the southwest quarter of Section Thirty-Six (36), Township Two North
(T-2-N), Range Twelve West (R-12-W). Exhibits: None. Action: Accept documents.
Vincent said he requested the item be considered separately. He said there was a glitch
on the redesign of the drainage structure. Vincent said he had the temporary utility
easement and permanent utility right of way and requested those be accepted, with the
final drainage easement to be returned at a later time.
MOVED by Warren, SECOND by Williams, to accept the temporary utility easement and
permanent utility right of way. AYE: Sadler, Purcell, Shanklin, Beller, Haywood, Warren,
Smith, Williams. NAY: None. MOTION CARRIED.
38. Consider extending contract for Work Clothing. Exhibits: Vendor's Mailing
List; Bid
Tabulation; Department Recommendation.
Williams said it came to his attention today in talking with Joe Joiner that there had been
some problems with some pieces of clothing. He said Financial Services related that
they had not received any feedback from staff that there had been problems, but that he
had heard of some, so he suggested it be tabled so they could be sure.
Baker said he checked with each department involved and asked them more than once
if there had been problems with quality, delivery or any other aspect of the clothing
because there have been problems in the past. He said the responses he received were
that the divisions were perfectly satisfied with the contract. Baker said they would be
glad to check into it again. Shanklin said he did not get that response from some of the
employees, and the comments were that the quality was not there, plus some items had
been ordered in September and they have not yet arrived.
MOVED by Williams, SECOND by Shanklin, to table Item 38. AYE: Purcell, Shanklin,
Beller, Haywood, Warren, Smith, Williams, Sadler. NAY: None. MOTION CARRIED.
40. Consider rejecting bid for Integrated Electronic Document Management System.
Exhibits: Vendor's Mailing List; Bid Tabulation; Department Recommendation.
MOVED by Shanklin, SECOND by Williams, to approve Item 40 as recommended to
reject the bids.
Warren asked the amount of shortage of funds for this item. Bill Adamson, Police Chief,
said it was around $10,000. Warren asked if it was due to the request for other
departments to have the ability to use the carousel. Adamson said they originally wanted
to ask that it be separated out so it could be done in the future if needed, but the vendor
added it all into one bid. Warren asked if this could be accepted and the difference be
paid from the budgets of the departments that would be involved. Adamson said the
funding source is grant money. Vincent said he was not sure it could be separated.
VOTE ON MOTION: AYE: Shanklin, Beller, Haywood, Warren, Smith, Williams, Sadler,
Purcell. NAY: None. MOTION CARRIED.
BUSINESS ITEMS:
43. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss a lawsuit styled J. R. Ballard v. City of Lawton, Case No.
CJ-98-432, Comanche County District Court, and, in open session, appoint a person to
represent the City at the settlement conference. Exhibits: None.
44. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss a proposed settlement in the civil suit styled Dewey v. City
of Lawton, Oklahoma, Case No. CJ-96-485, in the District Court of Comanche County,
and, if necessary, take appropriate action in open session. Exhibits: None.
45. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss a claim filed by C. Steve Wilson and, if necessary, take
appropriate action in open session. Exhibits: None.
46. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss a lawsuit styled Homeside Lending, Inc. vs. Michael A.
Marsh, et al., Case No. CJ-98-1307, in the District Court of Comanche County, and take
appropriate action in open session. Exhibits: None.
47. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss the acquisition of a property for the Floyd Avenue Project,
and take appropriate action in open session. Exhibits: None.
48. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss a proposed settlement in the suit styled White vs. The City
of Lawton, Case Numbers CJ-93-19 and CJ-94-45, in the District Court of Cotton
County, Walters, Oklahoma, as appealed to the Supreme Court, State of Oklahoma in
Case Numbers 88052, 91906 and 91698, and, if necessary, take appropriate action in
open session. Exhibits: None.
49. Pursuant to Section 307B1, Title 25, Oklahoma Statutes, consider convening
in
executive session to consider the continued employment of Mr. Ken D. Harris as
Municipal Judge, consider an Employment Agreement, and, if necessary, take
appropriate action in open session. Exhibits: Mayor's Letter of Nomination.
MOVED by Williams, SECOND by Warren, to convene in executive session as shown
on the agenda and recommended by the legal staff. AYE: Beller, Haywood, Warren,
Smith, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.
The Mayor and Council convened in executive session at approximately 8:40 p.m., after
taking a brief recess. The regular, open meeting was reconvened at approximately 9:55
p.m. with roll call reflecting all members present.
Vincent said the first item discussed in executive session was J.R. Ballard v. City of
Lawton. He recommended a motion to appoint G. Wayne Smith as the City Council
representative to the settlement conference.
MOVED by Smith, SECOND by Williams, to appoint G. Wayne Smith as the City
Council representative to the settlement conference in Ballard v. City. AYE: Warren,
Smith, Williams, Sadler, Purcell, Shanklin, Beller, Haywood. NAY: None. MOTION
CARRIED.
Vincent said Item 44 was a discussion of a possible settlement of Dewey v. City of
Lawton. He recommended approving a resolution authorizing settlement of this case in
the amount of $21,500.
MOVED by Haywood, SECOND by Smith, to approve a resolution authorizing
settlement of Dewey v. City in the amount of $21,500. AYE: Smith, Williams, Sadler,
Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. MOTION CARRIED.
(Title only) Resolution No. 99-11
A resolution authorizing the City Attorney to enter into a settlement agreement for the
sum of Twenty-One Thousand Five Hundred Dollars and 00/100s ($21,500.00) as
settlement of a suit filed by Thomas Michael Dewey, by and through his attorney, James
R. Moore, and directing the City Attorney to prepare and file a Journal Entry
incorporating said resolution and settlement agreement for the Court's approval.
Vincent said Item 45 is a case involving Steve Wilson and the City of Lawton. He
requested a motion authorizing the City Attorney's office to appeal the lower court's
decision.
MOVED by Smith, SECOND by Haywood, to authorize the City Attorney's office to
appeal the lower court's decision in the case involving Steve Wilson. AYE: Williams,
Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION
CARRIED.
Vincent said Item 46 is a case involving Homeside Lending, Inc. v. Michael A. Marsh, et
al. He recommended a motion to ratify the actions of the City Attorney's office in
disclaiming any interest in the property at issue.
MOVED by Haywood, SECOND by Williams, to ratify the actions of the City Attorney's
office as recommended. AYE: Sadler, Purcell, Shanklin, Beller, Haywood, Warren,
Smith, Williams. NAY: None. MOTION CARRIED.
Vincent said Item 47 is an item to discuss the possible acquisition of property for the
Floyd Avenue Project and no action is required.
Vincent said Item 48 is a discussion of the White v. City of Lawton lawsuits CJ-93-19
and CJ-94-45, and appellate cases 88052, 91906 and 91698. He requested a motion
authorizing the City Attorney to settle the lawsuit and to authorize the Mayor and City
Clerk to sign the appropriate documents when prepared.
MOVED by Williams, SECOND by Haywood, to authorize the City Attorney to settle the
lawsuit and to authorize the Mayor and City Clerk to sign the appropriate documents
when prepared. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Williams, Sadler.
NAY: Smith. MOTION CARRIED.
(Title only) Resolution 99-12
A resolution authorizing and directing the City Attorney to settle a suit styled White Vs.
The City of Lawton, Oklahoma, District Court of Cotton County, Case Numbers CJ-93-19 and CJ-94-45; and
as appealed to the Oklahoma Supreme Court, Case Numbers
88052, 91906 and 91698.
Vincent said Item 49 was to discuss the employment of Ken D. Harris as Municipal
Judge. He requested a motion authorizing and approving the appointment of Mr. Harris
as the Municipal Judge and directing the City Attorney to bring back a contract at the
January 26 Council meeting.
MOVED by Smith, SECOND by Haywood, to authorize and approve the appointment of
Mr. Harris as the Municipal Judge and direct the City Attorney to bring back a contract at
the January 26 Council meeting. AYE: Shanklin, Beller, Haywood, Warren, Smith,
Williams, Sadler, Purcell. NAY: None. MOTION CARRIED.
Vincent said that would conclude the City Attorney's report of the executive session.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.
Smith said there will be a City Hall blood drive on February 16, and all employees are
encouraged to donate.
Williams said the Museum of the Great Plains Trust Authority has hired Richard Welch
as the Museum Director and he will start work this week. He said Mr. Welch comes
highly regarded and the Authority is extremely optimistic with regard to the director and
the facility. Williams said he and Smith attended the OML Legislative Committee
meeting last week, and they would report on those meetings in the future.
Beller said there are problems with private sprinkler systems placing water in the streets,
which then freezes during freezing weather. He asked where the responsibility would be
if a collision should occur. Beller said there are problems in particular on Cache Road
between Sheridan and 38th Street, as well as an area on Lee Boulevard. He asked who
would be responsible if there is a hazard created by that act. Vincent said he knew of a
case involving the golf course at Tinker Air Force Base spraying onto 29th Street in
Midwest City, and it froze and there was a car accident, and the lawsuit was against the
air force base. Vincent said it was his impression that if the property owner allows their
sprinkler system to cause a hazard on the roadway that it is the property owner's
responsibility based on his knowledge at this time.
Mayor Powell said he got a call from persons associated with the cancer clinic on Lee
Boulevard asking if the City could do anything for them. He said he found out the City
could not, but there are some places that have problems in that regard. Beller
suggested the City could make those property owners aware that they are creating a
possible hazard. Mayor Powell said that would be a good idea. Baker suggested that
Code Administration could inform them; response was that anyone observing a problem
could let the property owner know of it. Warren asked if the City would be responsible
for not sanding. Vincent said he did not think that would relieve the property owner of
liability. Beller said he would rather that the inspectors not become involved. Vincent
suggested putting a note on the back of the water bill and that was acceptable.
Haywood reported on January 15 at 7 a.m. the J.L. Davenport Breakfast would be held
and everyone is invited and Albert Johnson will be the guest speaker. He said on Friday
evening, the Lawton Public Schools would sponsor an event at McMahon Auditorium in
honor of Dr. Martin Luther King, Jr. Mayor Powell said next Monday night, Cameron
University was sponsoring an event at the First United Methodist Church.
Mayor Powell said on Thursday afternoon, the recyclying committee would meet at the
Library, and encouraged attendance.
Baker said the new secretary would start tomorrow in the Mayor and City Manager's
office, her name is Paula Brower. He said he had sent a memo on the status of Parks &
Recreation Director and Assistant City Manager. Williams said the door to that office
had been closed lately and Mayor Powell said they are working on the latch that has
been broken.
Purcell said Baker provided a 60 day progress report, which was very good, and that he
appreciated being kept informed.
Warren said the door in the break room was to have been moved so people could get to
the vending machines but it is locked again tonight. Baker said he sent another e-mail
for that to be done and that it will be.
There was no further business to consider and the meeting adjourned at 10:10 p.m.
upon motion, second and roll call vote.