Month 2000-2 February
Meeting of 2000-2-8 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
FEBRUARY 8, 2000 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor Cecil E. Powell, Also Present:
Presiding Bill Baker, City Manager John
Vincent, City Attorney
Brenda Smith, City Clerk
The meeting was called to order at 6:00 p.m. by Mayor Powell. Invocation was given by Pastor
Ann Koopman, Emmanuel Lutheran Church, followed by the Pledge of Allegiance. Notice of
meeting and agenda were posted on the City Hall notice board as required by State Law.
PRESENT: G. Wayne Smith, Ward One
Richard Williams, Ward Two
Glenn Devine, Ward Three
John Purcell, Ward Four
Robert Shanklin, Ward Five
Charles Beller, Ward Six
Stanley Haywood, Ward Seven
Randy Warren, Ward Eight
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR
MEETING OF JANUARY 25 AND SPECIAL MEETING OF FEBRUARY 1, 2000.
MOVED by Smith, SECOND by Devine, for approval of the minutes. AYE: *Williams, Devine,
Purcell, Shanklin, Haywood, Warren, Smith. NAY: None. OUT: Beller. MOTION CARRIED.
*Williams abstained from voting on the February 1 minutes.
PRESENTATION OF REPORT FROM MUSEUM OF THE GREAT PLAINS
Report will be given at a later date.
Clarence Williams, 1817 Jefferson, said he sold a parcel of property yesterday and the buyer and
the City wanted it cleaned up. He said he had already obtained a remodeling permit but the buyer
wanted it torn down so he requested that the demolition permit extend to the end of the time
allowed under the remodeling permit.
Haywood asked the location of the property. Williams said 1506 and 1508 SW 4th Street.
Haywood asked if Williams was working with Mr. Tucker. Williams said yes, Tucker was
familiar with the property although Tucker had not been aware of the sale or demolition permit
request because Williams just requested the demolition permit yesterday and sold the property
Mayor Powell asked if the request was to extend the demolition permit to the term of the
remodeling permit. Williams said yes, but it will not be for six months and there is about three
months left on the remodeling permit.
Dan Tucker, Code Administration Director, said Williams had been working with his department
on this property for quite some time. He said the primary concern on a demolition permit initially
is to get the sewer line capped, the water line capped and the electric removed from the property,
and once that is done, Williams could continue to remodel it down to nothing if he wanted to and
they would then just close it out at that time so it is not a problem to continue with the existing
permit once the utilities are taken care of.
Devine asked Williams if he would be in charge of the demolition and seeing that it is torn down.
Williams said yes. Devine said he would not have a problem with that as he has known Williams
for many, many years and that he will do it if he says he will.
Purcell asked Tucker if this came in as a remodeling permit request or if it came in as a
demolition and then turned into a remodeling permit. Tucker said it had been demolished prior to
Mr. Williams gaining ownership as far as the north house; Williams did not own the property
when it was considered for demolition, and Williams had been working toward getting it fixed.
Purcell asked if this was one the Council originally approved for demolition and then changed it
to a building permit later. Tucker said he believed that was accurate.
Mayor Powell said staff would work with Mr. Williams and take care of the situation.
Mayor Powell asked the Planning Director to speak regarding Census 2000. Bob Bigham, City
Planner, said the Census Department established an in-kind program service grant in the amount
of $2,499 and Lawton was awarded that in the full amount. Banners will be made and displayed
throughout the community to encourage participation in the census. A committee meeting was
held yesterday and that group will also apply for a $2,499 grant to do a special mailing in the low
response areas from the 1990 census. The committee will also meet in sub-committee groups to
perform the tasks outlined in the Census 2000 Plan. Purcell said he was at a civic meeting today
where Bigham gave a presentation on the importance of the census and it was a good
presentation. Mayor Powell said Bigham and the committee have done a very good job and the
National/Regional Director from Kansas City came in three weeks ago and they were impressed
with the efforts being made locally.
Linda Dettbarn, 4905 NW Smith, said she was a member of the Kuntz Elementary PTA Board
and that school is being closed. She said their group would like to help the children by making a
donation to the Community Playground Project with the donation to be used toward a piece of
equipment and to have Kuntz engraved on a placque so it would be remembered in that way.
Dettbarn said they had a $300 donation to present. Mayor Powell asked Mark Glenn to come
forward to receive the donation.
Mayor Powell recognized Councilman Devine's granddaughter, eight year old Loren who is in
the second grade at Edison Elementary School, as being present at the Council table.
1. Consider adopting an ordinance amending Chapter 20, Article 1, Section 20-1-101(A)
regarding issuance of revocable permits for the limited use of public ways and easements.
Exhibits: Ordinance No. 00-4.
Shanklin said Council had not had a revocable permit for some time that was workable. He said
the language in the ordinance means the Council has the authority to grant a revocable permit as
long as it does not impact the repairs, maintenance, installation or cost of public utilities and
granting the permit will not have a detrimental effect on public health or safety as in the public
interest. Shanklin said Council will have the authority to grant someone permission to build in
his easement provided the easement does not have any of the utilities in it. He said in some of the
right of ways, non-profit organizations could have some type of signage to indicate where they
MOVED by Shanklin, SECOND by Smith, to approve Ordinance No. 00-4, waive reading of the
ordinance, read the title only.
Purcell said the explanation Shanklin provided did not seem to exactly match the ordinance
language. He said Shanklin indicated it could be done as long as there are no utilities in the
easement but the ordinance does not say that. Purcell said he was concerned that someone may
build a building on an easement over some utilities and the building may cost $20,000, then
something may break in the easement under the building and the owner would want
compensation for the costs since the City granted the permit. He asked the City Attorney to
answer as to the City's liability. Vincent said staff had discussed a process where a person would
apply for a revocable permit and sign a release of liability at the time the permit is issued after
Council approval. Vincent said the plan is that if there is a utility there, it would not be a
permanent structure but a portable type structure, for example a utility building on skids that
could be pulled out of the way; to be a permanent structure, it would have to create no
detrimental impact on the maintenance of the utilities and Council would have to make that
Smith asked if the release of liability would be filed at the county courthouse so it would be on
record with that property. Vincent said that had been discussed, and the cost of the filing will
have to be established when the filing fee is determined, and a resolution would be returned in
Williams said he did not have a problem with this as long as the owner understands that if
utilities are put in, or if they are already there, and a portable structure is placed on the easement,
that they would be responsible for the cost of moving it if that is required.
(Title read by Clerk) Ordinance No. 00-4
An ordinance relating to the use of public ways, amending Chapter 20, Article 1, Section 20-1-101(A)
relating to the issuance of revocable permits.
VOTE ON MOTION: AYE: Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith,
Williams. NAY: None. MOTION CARRIED.
2. Consider entering into a professional services agreement to provide consultation
lobbying services to the City of Lawton before the Congress of the United States and its various
agencies and authorize the Mayor and City Clerk to execute the agreement. Exhibits: City
Attorney Memorandum Opinion 2000-01; Letter of proposed scope of services from Duffy Wall
and Associates; Consultant Agreement.
Vincent said after previous Council direction he visited with Mr. Reskovac who suggested the
language in Paragraph Nine, and that is the only amendment from the prior agreement. He said
this establishes a fee of not to exceed $5,000, with two installment payments each year of $2,500.
Vincent said the duties and responsibilities did not change.
MOVED by Smith, SECOND by Haywood, to approve the agreement.
Purcell said he had no problem with the concept but that he had never seen a consulting contract
written in this manner as far as reimbursement. He suggested the contract state that the City will
pay the actual costs incurred in an amount not to exceed $5,000. Purcell said he could not
support giving someone a blank check for costs for $5,000; they should send in receipts and
invoices and receive payment up to $5,000 but a blank check that they can spend as they see fit is
not a prudent use of taxpayer dollars and he had never seen a contract written that way for
reimbursement of costs.
SUBSTITUTE MOTION by Purcell, SECOND by Warren, to change Paragraph Nine to read
that the City will pay for actual costs incurred in an amount not to exceed $5,000, and in
Paragraph Ten, delete the last sentence and make this contract for one year only.
Purcell said it takes five minutes for the City Attorney to bring it back to see if it should be
Beller said Council talked about extending the contract with Geronimo for a longer period of
time so we did not have to keep bringing it back, and Paragraph Ten of this contract would
accomplish the same thing. He said if Council saw fit not to continue it, action could be taken if
Purcell said this is different from the Geronimo contract and this contract commits the City to
pay $5,000 this year, and automatically, unless the firm is notified in writing by an appropriate
time, we owe them up to $5,000 the following year, and that is not a good idea. He said if
someone forgets, the City would be committed to pay another $5,000 for another year.
Beller said if the City wants to terminate the contract, it could follow that provision to terminate.
He said there is a $5,000 cap on the contract and by the time they send in receipts and we look at
them and process them, it would be an expense in staff time so he would rather just go with the
Williams said he agreed it should be done annually because the City may want to see what the
performance has been, and it could be canceled or expanded as needed at that time, but some
feed back is needed from the firm to indicate what they are using the money for. Beller asked if
this would be a joint effort with the Chamber of Commerce. Smith said we are getting really nit
picky on Paragraph Nine, and as far as the contract extension, he had no problem with the
substitute motion, but did on the cost portion.
Mayor Powell said in answer to Beller's question, this firm does lobby for the Chamber of
Commerce and receives a large fee from that, so that is one reason we are not talking about a
very large fee and this is for expenses not to exceed $5,000. He said in view of the cost of
lobbyists, this is a very minimal amount and that he was as conservative as anyone with money
and accountability for it, but this is a very, very small fee as far as lobbyists go, even on the state
level, and this is on the national level where we will have an opportunity to receive something
back from it.
Purcell said Beller and Smith both run businesses; he asked if either of them would give him a
$5,000 check and he would promise he would spend it on expenses to bring new customers into
their businesses. He asked if they would write a check or a contract in that manner. Smith said he
felt the contract covered the City.
Devine said if we pay this and the firm produces a good result, he would probably want to ask for
more money for them to use if something can be gained from it. He said the cap is a good idea
and the firm should be accountable for the expenses. Devine said it is a trial and error beginning
and they should start out easy with it. Mayor Powell said the firm has already done good things
for Fort Sill. Devine said he understood and would like to see it done as the substitute motion
Shanklin said he tried to get this done ten years ago, at a lot more money than this, and we buy
different kinds of equipment for $30,000 without flinching over the low bidder being spec'd out.
He said he had no problem sending $5,000 to this firm and they may not be interested in it
otherwise. Shanklin said if we do not have any more faith in them than that, and we will spend
$60,000 on a restroom from the 1995 CIP, and he had no problem spending $5,000 or answering
any question from any constituent.
Mayor Powell said the substitute motion is that the firm will be reimbursed up to $5,000 and paid
on expenses only, which could be anywhere from $1 to $5,000, and asked if that is correct.
Purcell said yes, although he assumed the City would not be billed $1, and it would be actual
cost. Mayor Powell said they requested $5,000 in two $2,500 payments. Purcell said the other
part of the substitute motion is to strike the last sentence of Paragraph Ten and only do this
contract for one year and bring it back next year.
VOTE ON SUBSTITUTE MOTION: AYE: Purcell, Warren, Williams, Devine. NAY: Shanklin,
Beller, Haywood, Smith. TIE VOTE, MAYOR VOTED NO. SUBSTITUTE MOTION FAILED.
VOTE ON ORIGINAL MOTION: AYE: Shanklin, Beller, Haywood, Smith, Williams, Devine.
NAY: Warren, Purcell. MOTION CARRIED.
3. Hold a public hearing and adopt a resolution declaring the structure at 3416
Avenue to be dilapidated and detrimental to the health and safety of the community. Exhibits:
Resolution No. 00-____.
Mayor Powell said after the last Council meeting the son of the former property owner came to
see him. He said the young man had purchased the property, made repairs and hauled off debris
from the inside, carpet and other things that had been burned out, and spent a lot of money on it.
Mayor Powell said the young man purchased builder's risk insurance and had a deed showing
that he purchased the property from his father. He said the son has put forth a tremendous
amount of effort to remodel the structure. Mayor Powell said he had personally driven by and
looked at it, although he had not been inside, but he felt the City should allow him to remodel in
view of the work he has already done.
Williams asked if the roof had been repaired and if a permit is needed to repair the roof. Mayor
Powell said to his knowledge the roof had not been repaired. Williams said the list shows
electrical repairs, plumbing and paint, but there is a big hole in the roof. Beller said he went by
there Sunday afternoon and could not understand why someone would not repair the roof first,
but a considerable amount of work has been done. Beller said if it is not raining, maybe the hole
is not that important.
Warren asked when this first came to Council. Dan Tucker, Code Administration Director, said
January 1998; it was involved in a fire in November 1996. The owner, at the time of the fire, was
stationed over seas and the property was up for sale. Council struck it from condemnation and
did not give a time for it to be repaired. Troy Gilley purchased the property in 1998 and
attempted to secure it and has kept it mowed and obtained a permit in June 1999. In December
1999, Darrell Gilley purchased the property and began stripping the interior of the sheet rock and
carpet; a large dumpster was placed in front to contain the debris and when he got to the point
that he had the building cleaned out enough to proceed with the repair and remodel, he applied
for a remodel permit. This was on the January 25 Council agenda asking for guidance as to
whether it should be brought back for condemnation or if a remodel permit should be issued
because they had received inquiries about how long it would sit there vacant and burned out.
Darrell Gilley has installed doors and a permit was not needed for that. Mr. Gilley is unable to
attend tonight as he is at work. Tucker said this house is in good shape compared to others that
have been brought before the Council. He said Darrell Gilley had assured him that he had the
ability to complete the repairs within six months and he felt his intentions were good.
Purcell said this is a nice house in a nice neighborhood. He said Council goes through this
process repeatedly and the house usually gets sold right before Council is going to consider
condemnation and Council does not want to penalize a new owner. Purcell said a policy on
condemnation is needed to avoid wasting time going through the condemnation process when
Council does not carry through with the condemnation.
Warren said he agreed with Purcell's comments and the only buildings that have actually been
demolished were ones where the owner was deceased or in jail or something of that nature where
there was no chance someone would come forward to push the problem off. He said this one is a
little different but it has been going on a long time and it seems to be old business, new business
and perpetual business, and this could fall under perpetual business because it comes up over and
over again, so some solution should be sought.
Mayor Powell disagreed with Warren. He said on S 6th, the owner did a beautiful job on those
little houses. He said on S 14th Street, the owner had a heart attack and his neighbors helped him
and they have done a good job. Warren said for every one that has been rehabilitated, there are
20 that have not been. Mayor Powell said a little bit of kindness and sympathy is good and
people then make progress. Warren said the man who sold this man the house bought the house
in exactly the condition that he sold it in so it sat in that condition for three years. Mayor Powell
asked if there had been three owners since 1996 and Tucker said yes. Warren said the man told
Council two years ago that he was ready and fully capable of getting this repaired and it has been
two years and it is no better than it was then.
Smith said he agreed to a point but exceptions must be made. He said this is a very viable and
stable neighborhood, and the man who purchased it from his father is making an effort. He said a
policy change is needed. Beller said this property is an exception and if they would fix the roof,
it would be acceptable and we need to tell him to fix the roof.
Shanklin said we thought we had an ordinance one time but it just deteriorated and we worked on
it for a year. He said on November 1 the state statutes were amended to provide two more
reasons that cities can force properties to be demolished. Shanklin said if a property has been
secured for three years, it can be made to be demolished; the other is if the property is not
secured and you secure it, they have one year and then they come on that same list. He said the
State Legislature has provided two tools that we did not have until that time. Tucker said that
was correct; on the securing, if it is found abandoned, vacant and unsecured three times in a 12
month period, it is a nuisance and we have the ability to bring it back to Council for
consideration, or if it has been uninhabitable for whatever reason and secured, then after 38
months, it is then a nuisance and can be brought to Council to be considered. Purcell said there
are plenty of tools in place and the Council disregards them and fails to require condemnation so
the same houses are returned over and over again.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Smith, SECOND by Haywood, that we do not adopt the resolution for
Baker asked if that inferred staff should issue a remodeling permit which will be good for six
months. Smith said that was his intent. Purcell said what happens in six months when it is still
not done and Shanklin said we deal with it when it gets here and that not everyone can see six
months ahead of time.
VOTE ON MOTION: AYE: Beller, Haywood, Smith, Williams, Purcell, Shanklin. NAY:
Warren. ABSTAIN: Devine. MOTION CARRIED.
4. Hold a public hearing to consider a revision to the Citizen Participation
Plan for Housing
and Community Development, receive comments from local citizens, and approve the revised
plan. Exhibits: None. (Plan is on file in City Clerk's Office)
Tom Aplin, Housing and Community Development Department, said this revision includes the
new City Planning Commission in the review process and a public hearing is required whenever
there is a change in the citizen participation plan.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Beller, SECOND by Smith, for approval of the citizen participation plan for
Housing and Community Development. AYE: Haywood, Smith, Williams, Devine, Purcell,
Shanklin, Beller. NAY: None. OUT: Warren. MOTION CARRIED.
5. Consider approving a cooperative purchase agreement between the City and the
American Business Club (AMBUCS) for the Community Playground Project (Kid's Zone) at
Greer Park. Exhibits: Cooperative Purchase Agreement.
Gary Salva, Parks & Recreation Director, said the community playground committee is
continuing to raise funds and they are fast approaching their goal to purchase the materials
necessary to build the Kid's Zone. He said the proposal is that the City enter into a cooperative
purchase agreement with the Great Plains American Business Club (AMBUCS) on behalf of the
community playground, which will give them the documentation to be exempt from paying sales
tax on the materials, approximately $150,000 to $200,000 in materials that are needed to build
the playground. Salva said the material will be purchased in the near future but delivered shortly
before the construction date in October, and the City would be responsible for the material on the
site prior to construction. He said representatives are present to answer questions and staff
recommendation was for approval of the agreement.
Smith said he was extremely proud that the AMBUCS Club he belongs to had spearheaded this
project, along with Mark Glenn, and he commended that effort.
MOVED by Devine, SECOND by Purcell, to enter into this contract as recommended. AYE:
Warren, Smith, Williams, Devine, Purcell, Shanklin, Beller, Haywood. NAY: None. MOTION
6. Consider designating funds from the 95 Capital Improvements Program (CIP)
to construct a
restroom at Greer Park. Exhibits: None.
Devine said he requested the item. He said it was originally stated that there would be $30,000
that could be used to build a restroom at 38th and Meadowbrook for the Kid's Zone. Devine
suggested that $60,000 of CIP funding be used for the restroom, and said it may not cost that
much with donations, but it will not be a concrete block building and would instead be a nicer
building that would fit in with the park. He said this is an excellent opportunity for the City to
play a part in improving this park. Devine said he felt people would donate time to do the work
themselves and that his firm would donate the plumbing work for the water and sewer mains and
others could donate labor for other areas.
Smith said this will be a great park and if we build a cinder block toilet, it will detract from the
park, so he recommended going with Devine's suggestion.
Purcell asked if any funds remained in the 1990 CIP and if so, it should be cleared out and used.
Baker said he thought it was gone. Purcell said this would be an opportunity to use any
remaining funds from that source.
Shanklin asked where the $30,000 was included in the budget. Baker said it was in the park
improvement fund and that he and Salva had talked about using that funding in conjunction with
CIP funding, but we really do not know for sure how much the bathroom will cost until it is
designed and put out for bids. Shanklin asked the current balance in the park improvement fund.
Salva said he thought it was between $90,000 and $100,000 to be used for park acquisition.
Shanklin asked if this was Fund 35. Baker said no.
MOVED by Smith, SECOND by Devine, to designate $60,000 from the 1995 CIP to be used to
construct a restroom at Greer Park.
Warren asked if it would be acceptable to include 1990 CIP funding so if there are funds
remaining that it could be used. Mayor Powell asked if it should state up to $60,000 because
Devine said it could possibly be done cheaper than this. Devine said people might donate items
or labor so it might be cheaper but he did not know for sure.
Smith restated his motion as follows: to designate up to $60,000 from the 1990, if any is left, and
the 1995 CIP, to be used to construct a restroom at Greer Park. Devine seconded the motion as
Baker said Parks & Recreation had advised him that they would not have the staff or resources to
build this restroom, and if we get volunteers, we will be happy to do our part, but if we take our
employees from their other duties and put them on this project, they will be far behind. He said if
we do get volunteers, we will do our part and help. Shanklin asked which part of the staff would
be capable of doing this and Baker said Building Maintenance.
VOTE ON MOTION: AYE: Smith, Williams, Devine, Purcell, Shanklin, Beller, Haywood,
Warren. NAY: None. MOTION CARRIED.
7. Consider adopting an ordinance amending Article 3, Chapter 19, Lawton City
relating to fishing. Exhibits: Ordinance No. 00-5.
Jerry Ihler, Public Works Director, said the ordinance states that no more than one small mouth
bass per day, 23" in length or over, may be removed by any person from the lake. The change is
in the period of time that the ordinance is applied; it has been renewed each year and this
revision will make it a permanent ordinance at the request of wildlife officials and fishermen.
MOVED by Purcell, SECOND by Haywood, for approval of Ordinance No. 00-5, waive the
reading of the ordinance, read the title only.
(Title read by Clerk) Ordinance No. 00-5
An ordinance relating to recreation, amending Section 19-307, Chapter 19, Lawton City Code,
1995, as amended, modifying limit on small mouth bass; and providing for severability.
VOTE ON MOTION: AYE: Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren,
Smith. NAY: None. MOTION CARRIED.
8. Consider adopting an ordinance authorizing the seasonal rental of campground
Robinson's Landing. Exhibits: Ordinance No. 00-6.
Ihler said the Water Authority approved the concept of the City operating the RV campsites, dry
storage spaces and wet boat slips at Robinson's Landing. The revisions proposed in the ordinance
allow for operation on a seasonal basis.
MOVED by Haywood, SECOND by Smith, to adopt Ordinance No. 00-6, waive reading of the
ordinance, read the title only.
(Title read by Clerk) Ordinance No. 00-6
An ordinance relating to recreation, amending Section 19-111, Chapter 19, Lawton City Code,
1995, as amended, to authorize the seasonal rental of campground spaces at Robinson's Landing,
providing for severability and an effective date.
VOTE ON MOTION: AYE: Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith,
Williams. NAY: None. MOTION CARRIED.
9. Consider accepting the annual audit report of the City of Lawton for the year
ending June 30,
1999. Exhibits: Responses to internal control and compliance report. (Audit report distributed
Steve Livingston, Finance Director, said the auditors have completed the annual audit and the
agenda item includes the appropriate responses to the management letter.
Shanklin said a recommendation of the auditors was to purchase a new modular accounting,
payroll, billing, inventory control and human resources package. Livingston said the accounting
system is really pretty old, and the data processing organization has kept it operating for a
number of years; this is the only accounting system Lawton has had in the last 27 years, and it
was put in during 1975, to include the utility billing system. Livingston said he had talked with
the City Manager about looking at different systems and software programs that will give good
audit trails and better reports. Livingston said at the end of the year we must do a totally manual
closing of the systems and do some things to make the programs work, the check writing
programs will be transferred and use one bank account, and there are accounting systems
available that can write checks out of each fund and we have to balance the funds.
Shanklin asked what kind of cost was involved. Livingston said they can be very expensive; an
overall program can be done through a lease purchase that could cost $300,000 to $400,000.
Shanklin asked what was being recommended. Livingston said the auditors do not recommend a
system or change but only state that you are not getting it done and you are having trouble; we
are saying that we think we would benefit from a system like this and should certainly start
looking at it, although maybe not this year but we need to start looking at a more modern,
modular system that would give a windows based program that would be easier for people to use
and allow access to information. Livingston said Council members ask for reports and we cannot
extract information from the files or data base to produce the report, and data processing has to
help with it, but we cannot do it otherwise.
Shanklin asked what you buy for $300,000 as far as computers. Livingston said he would be
looking for a full payroll system, full general ledger system, full utility billing system, human
resources package, and all would be modular and interact. Livingston said he would like to see
the whole purchasing system be paperless where all the requisitions going through would be
passed between departments electronically, and we are a little behind in that respect; divisions
should be able to keep track of the timesheets electronically. Livingston said the divisions type
up requisitions and we pass them around then we type them up and input data and when we get
ready to pay them, we do it again and submit them.
Shanklin said it shows that steps will be taken to insure a higher degree of accuracy on both audit
and the budget. He asked how that would be done without a system. Livingston said we are just
going to try and that is all you can do. Shanklin asked if it would involve requesting more
personnel. Livingston said that may be something that we have to look at and that he had
received requests from his supervisors for more personnel and that he had not seriously looked at
Devine asked if the system would be less time consuming for current employees. Livingston said
it would help with some of the problems on inputting data and make it more timely; it is not to
eliminate anyone but Shanklin is accurate in that we are seeing the need to do something and it
may be people and at this time, with electronics and computers and software programs, we need
to look at the software end before we start adding people.
Purcell said the staff should be congratulated on the audit; there were no material deficiencies.
He said if the auditors did not make some comment, we would not think we got our money's
worth from it. Purcell said we need to bring the accounting system into the 21st century and
whatever it takes, we have to get it done and need to start next year. He said you can buy items
off the shelf that do a wonderful job and we should get started on the software.
Baker said he agreed we need to enhance the Finance Department's computer capability. He said
Livingston had already given him a proposal that was discussed briefly and it will be in the
budget request when the department budget is reviewed, and if possible, something will be
included in the preliminary budget to start to address these problems.
MOVED by Purcell, SECOND by Devine, to accept the auditor's report. AYE: Purcell, Shanklin,
Beller, Haywood, Warren, Smith, Williams, Devine. NAY: None. MOTION CARRIED.
Addendum 1: Consider approval of Letter of Agreement setting in place the conditions and
procedures the City of Lawton Fire Department Aircraft Rescue and Firefighting personnel
respond to during airport/aircraft emergency operations. Exhibits: Letter of Agreement.
Don Barrington, Fire Chief, said this is for an agreement with the Lawton-Fort Sill Regional
Airport and the Control Tower. He said it is an existing document in the emergency operations
plan at the airport. Barrington said the Airport Manager is revising the plan and to make it
current, we need to update the letter of agreement.
MOVED by Haywood, SECOND by Smith, to approve the letter of agreement. AYE: Shanklin,
Beller, Haywood, Warren, Smith, Williams, Devine, Purcell. NAY: None. MOTION CARRIED.
10. Consider the following damage claims recommended for approval and consider
any resolutions authorizing the City Attorney to file a friendly suit for claims which are over
$400.00: Michael and Tammy Bride; and Betty J. Gray. Exhibits: Legal
Opinions/Recommendations. (Resolution No. 00-23 on file in City Clerk's Office) Gray - $45.00
(Title only) Resolution No. 00-23
A resolution authorizing and directing the City Attorney to assist Michael and Tammy Bride in
filing a 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
One Thousand One Hundred Fifteen and 07/100 Dollars ($1,115.07).
11. Consider a resolution authorizing the installation of traffic control devices
locations. Exhibits: Resolution No. 00-24; Draft Traffic Commission Minutes Excerpt of
(Title only) Resolution No. 00-24
A resolution authorizing the installation and/or removal of traffic control devices at certain
designated locations within the City of Lawton, Oklahoma. Action: 1) Install "Children at Play"
signs to serve the park at NE Euclid Avenue and 48th Street; 2) Install "Stop for Loading Buses"
sign on the south side of the 900 block of SW "C" Avenue; 3) Install "Stop" signs
intersection of NW Homestead Drive and Tomlin Circle stopping east/west Tomlin Circle.
12. Consider request for the installation of traffic control at the specified
Draft Traffic Commission Minutes Excerpt of 1/20/00. Action: Denial of requests.
13. Consider adopting a street light resolution to authorize installation of
an additional street
light. Exhibits: Street Light Resolution No. 412. Action: Approval of installing light in Gore
median just east of 11th Street; sign will be retired when "Kid Zone" project sign is removed.
14. Consider approval of a resolution revising and amending the fee schedule
for use of
camping and other facilities at Robinson's Landing. Exhibits: Resolution No. 00-25.
(Title only) Resolution No. 00-25
A resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995,
amending the fees for overnight camping and establishing fees for long term camping and
providing an effective date.
15. Consider ratifying the action of the Lawton Water Authority in approving
the U.S. Fish and
Wildlife Service Region 2 (FWS) use of a prescribed burn on the City property located on the
west side of Lake Lawtonka, and authorize the Mayor and the City Clerk to sign the agreement
with the FWS. Exhibits: Memorandum of Understanding. Action: Ratify LWA approval of item.
16. Consider a resolution directing the City Manager to submit an EPA Brownfields
Assessment Demonstration Pilot Grant on behalf of the City of Lawton. Exhibits: Resolution No.
(Title only) Resolution No. 00-26
A resolution directing the City Manager to make application for an Environmental Protection
Agency Brownfields Assessment Demonstration Pilot Grant on behalf of the City of Lawton,
17. Consider adopting a resolution determining that the loan to Raymond G. Schmidt
Sherrill V. Schmidt (Borrower) D/B/A Schlotzsky's Restaurant, Lawton Franchise, from the
Community Development Revolving Loan Fund is uncollectible and authorize removal of same
from the reported assets of the CDBG Revolving Loan Fund and from the City of Lawton
Contract Monitoring System. Exhibits: Resolution No. 00-27.
(Title only) Resolution No. 00-27
A resolution determining the delinquent Community Development Small Business Loan made to
Raymond G. Schmidt and Sherrill V. Schmidt d/b/a Schlotzsky's Restaurant, Lawton Franchise,
is uncollectible and authorizing removal of the loan from the reported assets of the Community
Development Small Business Revolving Loan Fund and from the City of Lawton Contract
18. Consider an amendment to a contract between the City of Lawton and Clint
L. and Natalina
Fipps of 1712 SW 12th Street, Lawton, Oklahoma, allowing subordination of the City's mortgage
against their property. Exhibits: None. Action: Approve the request to subordinate the City's lien,
and approve the Amendment to the mortgage between the City of Lawton and Mr. Clint L. and
Natalina Fipps to permit the attachment of a second lien in an amount not to exceed $32,732.00.
19. Consider approving a Release of Mortgage on a residential property belonging
Wayne Robinson and Patricia Ann Robinson of 1309 SW 10th Street, Lawton, Oklahoma, and
authorize execution of the Release of Mortgage. Exhibits: None. Action: Approval of item.
20. Consider approving Releases of Lien on two residential properties belonging
to James Earl
Alvey and Jean Alvey, along with other individual residences belonging to Paul M. and Leota F.
Hayes, Melvin J. Ishmael, Charlie B. and Doris L. Benson, Virginia P. Scherler and John G.W.
Scherler, all of Lawton, and authorize execution of the Releases of Lien. Exhibits: None. Action:
Approval of item.
21. Consider approving a six-month Interlocal Agreement between the City of Lawton
State of Oklahoma Office of Juvenile Affairs for the continued operation and management of a
Community Intervention Center in Lawton, and authorize execution of the Interlocal Agreement.
Exhibits: Interlocal Agreement. Action: Approval of item.
22. Consider accepting Lawton Public Library Lighting Project #99-24 as constructed
Thaxton Electric Company and placing the Maintenance Bond into effect. Exhibits: None.
Action: Approval of item.
23. Consider accepting Highland Cemetery Fence Project #99-23 as constructed
Construction, L.L.C. and placing the Maintenance Bond into effect. Exhibits: Map. Action:
Approval of item.
24. Consider acknowledging receipt of permits from the Oklahoma State Department
Environmental Quality for the construction of sanitary sewer and waterlines with appurtenances
to serve the MacArthur Park Addition, Part 7. Exhibits: None. Action: Acknowledge receipt of
permits. Background: On 1/6/00 the City was granted Permit #SL000016000013 from ODEQ for
construction of 1,600 lf of 8" PVC sewerline with eight manholes and appurtenances; and Permit
#WL000016000011 for construction of 300 lf of 6" and 810 lf of 8" PVC water lines with four
fire hydrants and appurtenances to serve MacArthur Park Addition, Part 7. Permit must be noted
in Council minutes.
25. Consider acknowledging receipt of permit from the Oklahoma State Department
Environmental Quality for the construction of waterlines with appurtenances to serve the Dean
Auto Center. Exhibits: None. Action: Acknowledge receipt of permit. Background: On 1/7/00 the
City was granted Permit #WL000016000012 from ODEQ for construction of 95 lf of 8" HDPE
and 98 lf of 8" PVC water lines and appurtenances to serve the Dean Auto Center. Permit must
be noted in Council minutes.
ITEM 26 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.
27. Consider accepting a Permanent Utility Easement in Lot 1 of Section 4, Township
North, Range Twelve West donated by Mattie Boyles for an existing 24" waterline. Exhibits:
Easement. Action: Accept easement donation; condition of easement is that the City agrees to
replace any paving or landscaping located on the above described parcel that is disturbed as a
result of any maintenance, repair or replacement of the existing water line.
28. Consider ratifying the action of the Lawton Urban Renewal Authority on the
property located at 2005 SW Jefferson Avenue. Exhibits: Draft LURA Minutes; Map. Action:
Approval of item.
29. Consider entering into a contract with Mr. and Mrs. Isaac J. Furrh for fire
outside the Lawton City limits, and authorize the Mayor and City Clerk to execute the contract.
Exhibits: None. Action: Approval of item.
30. Consider approving the following contract extensions: A) Collection of Overdue
Bills with Lawton Retail Merchants Assn.; B) Jail Food & Supplies with Wilson Wholesale
Company, Inc.; C) Refuse Containers with Wastequip Teem; D) Rock Hauling with Lawton
Transit Mix, Inc. Exhibits: None. Action: Approval of item.
ITEM 31 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.
32. Consider approval of appointments to boards and commissions. Exhibits: Memorandum.
Human Rights & Relations Commission: SSG Arnie Kamer, Rep. Native American, Term:
2/8/00 to 9/30/01
33. Consider approval of payroll for the period of February 7 through 20, 2000.
Shanklin asked for separate consideration of Items 26 and 31.
MOVED by Smith, SECOND by Haywood, to approve the Consent Agenda items as
recommended with the exception of Items 26 and 31. AYE: Beller, Haywood, Warren, Smith,
Williams, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.
26. Consider approving plans and specifications for the Landfill Cells 2-3 Project
authorizing staff to advertise for bids. Exhibits: Map.
Shanklin said this item is to approve plans and specifications and he thought we had not selected
the engineer yet. Ihler said this is for the actual construction of cells two and three; staff designed
the construction in-house and will go out for construction bids next week. Ihler said the Engineer
Selection Committee is looking at engineering proposals regarding future landfill space across
Shanklin said he did not understand. Ihler said this is to approve plans and specifications for
construction of cells two and three; we are only permitted to put trash in cell one but need to
construct cells two and three by placing the geosynthetic liner and clay material to keep
contamination from getting into the soil and water sources. Shanklin asked if this is for the liner
and Ihler said yes. Shanklin said he had looked at the Engineer Selection information and liners
are involved in that. Ihler said yes, that is for beyond cells two and three and could include the
south side of Tinney Road for the
future use. Shanklin asked who was the engineer for this project. Ihler said staff did this design
in-house by taking the plans we received from cell one that was performed by a design consultant
and modified them and did the design in-house for cells two and three.
Shanklin asked which one is cell one. Ihler said it is the cell we are putting trash in right now.
Shanklin asked if it is mount trash more. Ihler said it is below the mound; the elevated part is the
old area outside of the Subtitle D area and it is basically closed unless approval of a vertical
expansion is received.
MOVED by Shanklin, SECOND by Smith, to approve plans and specifications for the Landfill
Cells 2-3 Project #2000-8, and authorizing staff to advertise for bids. AYE: Haywood, Warren,
Smith, Williams, Devine, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.
31. Consider awarding contract for a Voice Recording System. Exhibits: Recommendation;
Shanklin asked if this is where a citizen calls a number and gets assorted instructions as to which
button to push on the telephone. He said it is impossible for a citizen to be able to get in touch
Cindy Price, Acting Information Services Director, said this monitors the radio and telephone
systems and replaces the current Dictaphone System as far as the recorder in the
Shanklin asked if changes were planned to have someone answer the phone when someone calls
in. He said citizens do not like that machine. Baker said he would talk with Mr. Wells about it
and bring back some information.
MOVED by Shanklin, SECOND by Haywood, for approval of Item 31 to award the contract to
CVDS, Inc., of Point-Claire, Quebec, Canada. AYE: Warren, Smith, Williams, Devine, Purcell,
Shanklin, Beller, Haywood. NAY: None. MOTION CARRIED.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.
Vincent said that he, Purcell, and other staff members had been attending hearings on proposed
state legislation. He said Bigham appeared at a hearing with regard to a planning commission bill
Lawton was sponsoring through Representative Kirby; that bill passed out of committee today
and will be heard by the legislature. Vincent said he and Purcell appeared last week regarding the
downstream issues bill, and the fire and police arbitration act bill; these are still in preliminary
hearings and dates have not been provided on the full committee hearing.
Vincent said he attended a subcommittee hearing on rural water associations, and another
hearing will be held Thursday of the OML Task Force and rural water association task force
attempting to reach a compromise.
Beller said the Water Authority discussed the lake levels and asked if the downstream legislation
would have an impact. He said he and Shanklin had discussed the 1.7 feet of water. Shanklin said
he planned to discuss it. Vincent said he took a copy of the report from CH2M Hill to Mr. Kirby
and he advised that it was not appropriate to pass that out at this time but he would present it to
the full committee at the appropriate time.
Shanklin said the vote was seven to one at the Water Authority, that he voted no and was upset
about it. He said 1.7 feet is equivalent to two billion gallons of water that will not be in the lake
and that he had consulted three engineers. He said if two billion gallons is minuscule then he did
not know what big is; that is equivalent to 100 days of water supply. At the time that we are
using Lake Lawtonka for the recreational activity that we intend for it to be used for, that means
that we will start pumping that much earlier from Lake Ellsworth to Lake Lawtonka. He said
Lake Lawtonka has 93 square miles of drainage, and East Cache Creek has around 250, and that
East Cache Creek was, in his mind, what flooded Walters. He asked why we selected Lawtonka
instead of Ellsworth, and said he could assure that we would be challenged on it. Shanklin said if
what we are trying to do is to promote the Southeast Water Treatment Plant by dumping out two
billion gallons of water, 100 days' supply, calling that minuscule, in order to fast track a
Southeast Water Treatment Plant, he thought that was wrong. Last year we sold $750,000 worth
of outside water and there may be another $750,000. If you are going to build a 30 million gallon
plant to sell a million gallons of water, you will have a hard sell, and if that is what we are doing,
the Council should take another look at this and bring the engineers back.
Shanklin said the engineers gave us a probable maximum flood, which is 28 inches in 72 hours,
and that is a 1,000 year flood and they picked it up out of the air; there is no rhyme or reason for
the pmf for that 75%, and why 75% at Lawtonka and not 75% for Ellsworth when that dam was
built in 1962 or 1963. He said these are some hard questions, and it may be in the paper, and that
he would support the water treatment plant when we could sell it and at least sell more water
than it takes to operate the plant; right now, they cannot do that. Shanklin said he knew some
thought we just had to have another plant because what if it blows up or something happens out
there, and he was very disturbed over it. He said he was glad to see Ihler and it would tickle him
to death for him to rip into anything he said.
Jerry Ihler, Public Works Director, said with regard to the 1.7 feet, what CH2M Hill said was
that it is about 3,800 acre feet of water with regard to what they identified in the report, and that
equates somewhere in the neighborhood of about 3.3 million gallons per day on a daily usage
over a period of a year; it equates to about 3.3 million gallons per day. Ihler said with regard to
the elevation of the lake being dropped by that amount at Lake Lawtonka, the 75% probable
maximum flood requirement, the ability to be able to pass the 75% of the probable maximum
flood, that is an OWRB requirement, and as they went through this process and analyzed the
existing and compared it to some of the proposed, actually under our existing current operation
we discovered that we were not passing or would not be able to pass 75% of the probable
maximum flood today if it occurred under the current operations.
Shanklin said tell us what the probable maximum flood is. Ihler said he did not know the actual
amount of rainfall it is, but it is equivalent basically to the 500 year storm. Shanklin said he was
told it was 1000 year. Ihler said he would have to go back and verify but thought it was the 500
year storm, but the 100 year storm for this area over a 24 hour period equates to eight inches of
rainfall. Shanklin said staff, Ihler and everyone out there tells him that we have never had a 100
year flood in Lawton. Ihler said he disagreed and believed in 1983 on the East Cache Creek basin
that we did have a 100 year, also back in about 1986, we have had around three in the last 15-18
years since 1983, but basically the requirement of the 1.7 feet down, and that is down from six
inches down, but that requirement is an OWRB requirement with regard to dam safety. Shanklin
said we chose Lawtonka and we do not know that they would not accept it for Ellsworth either,
do we. Ihler said operating the gate under the existing conditions, we already keep the elevation
at Ellsworth down 2.5 feet during a period of the year, so the elevation of Ellsworth being down
2.5 feet from the top of the gates allows us to pass that 75% of what would be the probable
Shanklin asked Ihler if he agreed that 325,000 gallons are in an acre foot of water. Ihler said
3800 acre feet; that equates to about 3.39 million gallons a day. Shanklin told Ihler his figures
were not right and one of the engineers was not right and he did not know which one. Shanklin
said 325,000 gallons per one acre times ten is 3,250,000, times ten is 32 million; 100 acre feet of
water is 32 million gallons and you divide the 100 into the 36, 36 times that. Ihler said he would
not debate it here and would have to go back and check the numbers.
Shanklin said on the monitor, what bothered him about the monitor and the man said he guessed
we would just ignore it, the monitoring system that was installed. He said the Corps of Engineer
funded some money and he thought the City funded some. Ihler said we pay a certain amount
every year with regard to a gauge down in the Walters area that we use with the USGS, so yes
there is a monitoring system in place and we use it. Shanklin said we are going to ignore that and
make a visual look as to when we are going to raise those gates and he said that right there; they
will look down in that water and see it coming in and may decide to raise the middle gate 14
inches. Ihler said the recommendation is to operate the gates based on the elevation of the lake;
what we use the monitoring system for is basically to monitor the elevation of the creek, how
much water is passing through the creeks and the stream bed downstream, and as we begin the
draw down period, there are certain times of the year that we need to have the lake, as we go into
the rainy season at Ellsworth and Lawtonka we lower the lake elevation such that when we do
get rainy seasons we have more storage available so that we do not have to release as much.
Shanklin said these people ignored the monitoring system and he asked that point blank, and we
would make a visual look, look right down at the dam and see the elevation of it and then start
raising the gates; we will not care whether it rained six or seven inches eight miles north of us in
one of the tributaries and we will be able to tell here at this gate. Shanklin said he thought we
were going backwards and it scared him.
Baker said he had asked Mr. Ihler to give him a report to provide Council some additional
information and that was because of some of the concerns that had been expressed to him. He
said he would forward the report when it is received; we will look at how much water we are
talking about and we get into all of these numbers that we are discussing, and if Council or a
member of Council wants to bring that back to the Council for consideration, we will get the
consulting engineer back and let you look at this matter again. Baker said obviously we want to
maximize our water storage, at the same time comply with all of the Oklahoma Water Resources
Board guidelines and we want to minimize any impact downstream also, but we do have a real
concern to maximize our water storage, we do not want to waste the citizens' water, we do not
want to send it downstream and not use it beneficially. He said as soon as Ihler provides the
report, it will be distributed to the Mayor and Council, and if anyone wants to put this back on
the agenda, we can certainly do that and we will have the appropriate people to answer any
Purcell said he had one question that he would like to see answered in the report. He said he
could not tell acre feet from acres from whatever, but he heard that if we lowered the lake by 1.7
feet, we would loose 15 days' water supply and he heard another number after the meeting of 30
days and then tonight it is 100 days. He said his specific question is if we lower the lake 1.7 feet,
how many days' water supply is that; he wanted to see that in the report.
Baker said he had asked Ihler to go back the last two or three years and looked at the daily
elevations of Lake Lawtonka; he wanted to know how many days it was already at 1.7 or lower
because then you would be able to see the impact because over the last three years he felt there
would be many, many days that the lake was already below 1.7, so to see the net impact of how
much water you will really loose, you have to consider that factor also.
Ihler said he had completed that portion of the request and approximately 57-58% of the time, the
lake level in the past six years was below that elevation.
Mayor Powell said one of his concerns was that we pump water from Lake Ellsworth to Lake
Lawtonka, and charge our people for that, and then we are going to release it downstream, and
maybe he did not understand that. Ihler said there is no question that if we start at a lower level
and get into the dry periods that this will cause us to turn the pumps on at a sooner time frame
and cause us to pump more, no question about that. Mayor Powell said that bothered him from
the standpoint that we should not have to be out the expense of pumping water from Ellsworth to
Lawtonka and then sending it downstream, whereas we could better control it on the other lake
and not be out the expense and charge our people for pumping from one lake to the other when
we are going to release it, or potentially release it. Ihler said staff's position is that we would
to maximize our water supply; it is simply a matter that this is a requirement of the Oklahoma
Water Resources Board to be able to meet that, what the engineers tell us is this is where we
have to start at to meet it.
Smith said Ihler had already answered his question which was what the percentage of time was
yearly that we run below the 1.7 already, and more than half the time we are already wasting 2
billion gallons of water. Shanklin said we do not want to loose it just because it could have been
there, or do you. Smith said more than half the time it is not there. Shanklin said the word was
"minuscule" and that he never heard the 10 days or 15 days; they stood right there and said
minuscule, and get the tape if you do not believe it. Shanklin said if you call 2 billion gallons
minuscule, that is fine.
Devine asked what happens if the City does not do this. Ihler said his understanding with the
Water Resources Board is that you have to have a policy in place that passes pmf; we have just
now discovered that the information put together by the previous engineers indicate that the
information as we reviewed that shows that as we operate today we do not pass the probable
maximum flood and therefore we do not comply with that today with our current operations.
Mayor Powell asked if we have a plan that has been accepted by the Water Resources Board or if
we ever had one. Ihler said we have a plan that is accepted for Lake Ellsworth; we have a letter
with regard to Lawtonka but not an approved plan that has been reviewed and approved by the
Water Resources Board for Lawtonka.
Mayor Powell said there has been a lot of discussion and he was sure it would come back, and
Baker has asked Ihler for a report and a response will be coming.
34. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
session to discuss the case styled C. Steve Wilson v. The City of Lawton, a municipal
corporation, and Gilbert Schumpert, Case No. CIV-99-2104, in the United States District Court,
Western District of Oklahoma, and if necessary, take appropriate action in open session.
35. Pursuant to Section 307B2, Title 25, Oklahoma Statutes, consider convening
session to discuss negotiations for a Collective Bargaining Agreement for FY 2000-2001
between the Police Union, IUPA, Local 24, and the City of Lawton, and take appropriate action
in open session. Exhibits: Letter of Request.
36. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
session to discuss grievances filed by the International Association of Firefighters, Local 1882
(IAFF), relating to the following cases: FMCS Case No. 99-0628-13269-8, International
Association of Firefighters, Local 1882, v. The County Election Board for Comanche County,
Oklahoma and City of Lawton, Case No. CJ-99-1388, District Court of Comanche County, and
Supreme Court Case No. 94213 in the Supreme Court of the State of Oklahoma, and if necessary,
take appropriate action in open session. Exhibits: Grievances filed 1/28/2000.
37. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
session to discuss the pending investigation of the landfill, and if necessary, take appropriate
action in open session. Exhibits: None.
2. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
session to discuss possible settlement of the City's claim associated with the case styled Delisa
Nevaquaya vs. American Home Products, Case Numbers CJ-98-665 and CJ-98-666, District
Court of Oklahoma County, and if necessary, take appropriate action in open session. Exhibits:
3. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
session to discuss the case styled International Association of Firefighters, Local 1882, v. The
County Election Board for Comanche County, Oklahoma and City of Lawton, Case No. CJ-99-1388, filed
in the District Court of Comanche County, and if necessary, take appropriate action in
open session. Exhibits: None.
Vincent asked that Item 34 be stricken and not discussed in executive session.
MOVED by Smith, SECOND by Warren, to convene in executive session to discuss the items so
listed on the agenda, except Item 34, as recommended by the legal staff. AYE: Smith, Williams,
Devine, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. MOTION CARRIED.
The Mayor and Council convened in executive session at approximately 7:40 p.m. and
reconvened in regular, open session at approximately 8:20 p.m. with roll call reflecting all
Mayor Powell said Item 34 was stricken and he asked the City Attorney to report on the
Vincent said on Item 35, discussion was held concerning commencing negotiations for FY 2000-2001 between
the police union, IUPA Local 24, and the City of Lawton. He recommended a
motion be made that Gary Jackson and Cherese Bagwell from the City staff, and John Purcell, G.
Wayne Smith and Glenn Devine be appointed as negotiators with the Council Members to sit as
MOVED by Smith, SECOND by Purcell, that Gary Jackson and Cherese Bagwell from the City
staff, and John Purcell, G. Wayne Smith and Glenn Devine be appointed as negotiators with the
Council Members to sit as observers. AYE: Devine, Purcell, Shanklin, Beller, Haywood, Warren,
Smith, Williams. NAY: None. MOTION CARRIED.
Vincent reported on Item 36, as shown in the agenda item title, that discussion was held. He said
no action is required but Tony Puckett will continue to represent the City under his current
Vincent recommended Item 37 be tabled and the City Attorney will continue to look for an
MOVED by Smith, SECOND by Purcell, that Item 37 be tabled and the City Attorney will
continue to look for an investigator. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith,
Williams, Devine. NAY: None. MOTION CARRIED.
Vincent read agenda item titles for Addendum Items 2 and 3 and stated executive session was
held as shown on the agenda and no action was required on either item in open session.
There being no further business to consider, the meeting adjourned at 8:25 p.m. upon motion,
second and roll call vote.