Month 2000-9 September
Meeting of 2000-9-12 Regular Meeting
LAWTON CITY COUNCIL
SEPTEMBER 12, 2000 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor Cecil E. Powell, Also Present:
Presiding Bill Baker, City Manager
Puckett, Fort Sill Liaison
The meeting was called to order at 6:00 p.m. by Mayor Powell. Invocation was given by
Edwena Redick-Scott, Rivers of Life Family Church, followed by the Pledge of Allegiance.
Notice of meeting and agenda were posted on the City Hall notice board as required by State
PRESENT: G. Wayne Smith, Ward One
James Hanna, Ward Two
Glenn Devine, Ward Three
John Purcell, Ward Four
Robert Shanklin, Ward Five
Barbara Moeller, Ward Six
Stanley Haywood, Ward Seven
Michael Baxter, Ward Eight
INVITATION TO INTERNATIONAL FESTIVAL. Baker invited everyone to the International
Festival being held later this month.
PRESENTATION OF CITIZEN OF THE MONTH AWARD TO ALBERT JOHNSON
Sheila Alford, Mayor's Commission on the Status of Women, introduced Albert Johnson
Citizen of the Month for September. Mr. Johnson and his wife, Jo, came forward. Alford said
Mr. Johnson received this award in 1994 and provided information on his accomplishments since
then. Johnson has received the following awards: Oklahoma Educators' Association Friends of
Education Award; Federal Black Program Council of Oklahoma Education Unity Award;
Comanche County Juvenile Bureau and Citizens Advisory Committee award for educational
excellence and selfless contributions toward the betterment of the youth of Comanche County;
Judge Lewis presented the Liberty Bell Award at Law USA Day; the Smith Award for
leadership, dedication and commitment for serving minority senior citizens. Alford said this
summer Johnson involved 51 youth in junior golf under his program for male mentorship, and
engaged the elementary students, their families and teachers to be involved in a total program
meeting recreational and academic needs. Johnson's motto has been "it's not what you got, not
where you come from, but what you do with your life that matters".
Mayor Powell said he had worked with Mr. Johnson and known him since 1958. He commended
Mrs. Johnson for her efforts and involvement as well. Awards were presented from U.S.
Congressman J.C. Watts, the Oklahoma State Senate, the Oklahoma House of Representatives
and the Mayor's Office of Lawton.
Johnson said he was able to do many of the things he was recognized for because of the
and help of his wife. He said Lawton is his home and it has been good to the entire Johnson
family, so it was important to be able to do something in return. Johnson expressed appreciation
for the award.
PRESENTATION OF PROCLAMATION FOR "GARRETT BARNES DAYS"
Kim Shahan, Assistant Parks & Recreation Director, introduced Garrett Barnes who
representing Oklahoma at the Goodwill Games in Hawaii in basketball free throws. He explained
the competitions Barnes has won to reach this level of competition and commended his ability
and efforts. Mayor Powell presented recognition to Barnes and his father from U.S. Senator Don
Nickles, U.S. Congressman J.C. Watts, the Oklahoma State Senate, and the Oklahoma State
House of Representatives, and a proclamation from the Mayor's Office for Garrett Barnes Day.
Mayor Powell encouraged Barnes to continue to excel in athletic competition and always do his
Baker introduced Angie Alltizer, who is now in charge of the Neighborhood Services Division.
He encouraged contact with Alltizer for complaints and requests. Alltizer outlined her
background with Fort Sill, DOD, ODEQ, and Tinker Air Force Base, and her education in
environmental management, industrial hygiene, and agricultural communication. She may be
reached at 581-3467.
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR
MEETING OF AUGUST 22, 2000 AND SPECIAL MEETING OF SEPTEMBER 5, 2000.
MOVED by Smith, SECOND by Haywood, for approval of the minutes. AYE: Hanna, Devine,
Purcell, Shanklin, Moeller, Haywood, Baxter, Smith. NAY: None. MOTION CARRIED.
Barry Beauchamp, Superintendent of Schools, said he appreciated the City's recognition
Albert Johnson and Garrett Barnes. He said he was involved with United Way in the public
employee campaign, and that the City employees increased their contributions by 20% last year.
Beauchamp said he wanted to thank the employees for that support and for the support that
would be given this year.
Raymond McAlister invited everyone to the International Festival to be held by the Lawton
1. Consider adopting an ordinance amending Chapter 19, Lawton
City Code, 1995, Section 19-4-411 relating to elk hunting on specified City property and declaring an
Devine said several people had contacted him about this subject and it was his understanding
hunting of elk had taken place for several years without being adequately publicized to give
everyone an equal opportunity to participate.
Mayor Powell asked if this had gone before the Lake & Land Commission. Devine said
noticed a committee had been working on it some. The Lake & Land Commission Chairman was
Frank Hawthorne, Lake & Land Commission Chairman, said the Commission strives to
good recommendations that allow equal access to the facilities. He suggested the relationship
between the Commission and the City Council be redefined and stated the Lawton Water
Authority is involved also. Hawthorne said the Commission's by-laws were approved by the
Council in 1991 and since he has been on the Commission for three years, there have been many
instances where they were cut out by people going directly to Council and not being referred to
the Commission for a recommendation. He said they would accept Council's decision without a
question in his mind.
Hawthorne said he appointed an ad hoc committee and served as a non-voting member; the
committee met three times and Councilman Shanklin is a member. The committee has completed
40% of the review of Chapter 19, which covers all forms of recreation requiring a great deal of
time to review. The ad hoc committee's recommendation will be presented to the Lake & Land
Commission, Lawton Water Authority and City Council.
Hawthorne said he received word of this item when he went to Planning to get a map of
area and Bob Bigham mentioned it in passing and provided him a copy. He said the map was
needed to be able to see where they could set up a location for emergency evacuation at this area
of the lake property, 1200 acres on the west side of Lake Lawtonka, in case of injuries sustained
by hunters. Hawthorne said he was not told about the item before Bigham mentioned it and
certainly the entire Commission was not told of it or asked for any input. He said the proposal
needs to be studied carefully and that no one has looked at it thoroughly; definite procedures are
Hawthorne said there has been no evidence showing any partiality as far as the City
are concerned. He said he had found, as chairman of the commission and serving on it for three
years, a sad lack on the part of everyone concerned to establish regulations and provide guidance
to the lake superintendent and those who are responsible for the operation of two of the finest
lakes in Oklahoma. Hawthorne said a cooperative effort is needed, rather than individual efforts.
He said the Commission wants to serve by providing background information Council needs to
be able to make the right decision on anything involving the lakes and lands, but they cannot do
that if they are cut out of the net. Hawthorne said if they are going to continue to be cut out of the
net and not be allowed to participate or give information that could be used, he would suggest the
Mayor abolish the Commission and turn it over to the City Council.
Devine said that was one of the main reasons he wanted to bring this forward because
Hawthorne said he was not even aware there was an elk hunt going on at the lake. He said he did
not want to step on any toes and was not intending to do that in any way by doing this; there have
been 22 permits issued and it was not a random drawing. Devine said he was trying to have a
basic ordinance to make it fair for everyone, and he would be happy to work with Hawthorne, or
Shanklin can do so, but he wanted it to be fair to everyone. He said some control is needed for
this particular hunt so we can get started.
Hawthorne said he agreed with what was trying to be done but not with the approach.
He said the
last elk hunt was in 1997 and permits were issued by the superintendent who did not have the
guidance he needed. Hawthorne said you cannot make a radical change on elk hunting by one
decision, elk hunting can be a very expensive sport, and equal opportunity is needed for those
who want to participate. He said in the interim, it can go through the committee.
Baxter said he understood Hawthorne to say the Commission knew elk hunting took place
1991 and the last one was in 1997 so the Commission knew for nine years but did not fix it so he
felt the Council was being stonewalled to an extent. He said someone took the time to draw up
the new ordinance to make this work, and if it needs to be changed next year, it can be changed.
Baxter said one paper shows where two more permits were given away than were intended, and
he did not think that could be changed for this year's hunt. He said nine years of doing nothing is
not working and he was tired of waiting on everyone else.
Shanklin asked who Baxter was referring to as the "we" who sold or gave out
the permits. Baxter
said "we" would be Bobby Benoit and he was giving them and hoped he was not selling them.
Shanklin asked if Baker had anything to say about two of them. Baker said we received a request
from an elk association that wanted the City to donate two permits so they could have them for a
banquet and auction one and use the other for a door prize. Baker said he replied we could not
give them anything but if they requested it, it was on a first come first serve basis and if they
requested, we would reserve two for them, and that is what occurred and they did get two. Baker
said Mr. Benoit has been issuing permits for this year and basically he has done the same thing
that has been done in the past, there has not been from what he could gather, any clear cut written
procedures or policies and it has been discovered that it was not a fair and equitable way of doing
it. Baker said Devine came to him and the Assistant City Manager asking that this be put on the
agenda because it was felt there was some urgency if we were going to react to this year's hunts
in October and December. Baker said he was remiss in not telling Devine that properly this
should go to the Lake & Land Commission and it did not go to them and he admitted that was the
proper procedure and apologized in that regard.
Shanklin said another question was whether or not there were any elk in the area and
he did not
see how you could have an elk hunt unless you knew there was a chance of someone being able
to shoot an elk. He said the hunters should also be assigned to a certain area. Shanklin said his
motion would be for this ordinance to be tabled and sent to Lake & Land Commission for the
people to present what they want to do with a lot of input and find out whether or not an elk hunt
should be held this year. He said the Council does not want to take up the Lake & Land
Commission's business in depth and it would take extra hours to handle properly.
MOVED by Shanklin, SECOND by Smith, to table this, give them an opportunity to study Mr.
Devine's ordinance and bring it back through the proper channels.
Devine asked to comment and Smith temporarily withdrew his second. Devine asked the
Attorney to provide input. Vincent said the State of Oklahoma establishes whether or not there
will be elk hunting in a given county, and the Oklahoma Hunting Guide is published each spring
with that information. Three counties were established for elk hunting on private land, and those
were Caddo, Comanche and Kiowa. Once the State has determined there will be elk hunting,
there must be a permission slip from the land owner and that is all the City issued. Shanklin said
he thought this would be public land. Vincent said it is considered private land as far as the State
is concerned on hunting, and the State issues the elk tag and a cost is involved for the tag.
Purcell said he agreed with Shanklin; it is too late to do anything about the October
the permission has already been given. He asked if a recommendation could be provided in two
or three weeks so something could be done for an ordinance to cover the December hunt.
Hawthorne said an organized hunt cannot be planned in two or three days, and the material in the
ordinance could probably be used, but a survey of the area is needed, as well as assigning each
hunter a section and determining whether it would be bow and arrow or black powder or shotgun,
then a drawing would be needed, it should be publicized to allow wider participation, and the
hunters would have to attend safety classes.
Devine said Hawthorne is wanting to organize this but there are no ground rules whatsoever
the hunters and 22 people with permits will be turned lose out there with no regulations. He said
the hunts do not happen every year, it is once every third year, and the next item sets up
guidelines for a random drawing. Devine said it would be set up where those who have the
permits can hunt in October and we are not asking to cancel any permits for the October hunt; if
the ordinance is passed, the guidelines can be set up to have the December hunt by random
drawing so ten more people could have an opportunity to hunt and not the same ones that are
hunting in October, they would not get both seasons. He agreed with Hawthorne that a lot of
work is needed, but something is needed now to be fair to the people because this has been going
on for several years. Devine said several businessmen and other people had come to him asking
why this was not publicized. He said he had been hunting on City property in the past and
watched elk walk by him but did not know he could get a permit to hunt elk, and he wanted to get
something started. Devine said if they were going to go by Hawthorne's recommendation that it is
not going to be safe, they should cancel all of the hunting permits and not allow it this year, and
it is not safe to double up and turn all of them out at once.
MOVED by Devine, SECOND by Baxter, to pass this ordinance.
Mayor Powell said Shanklin had a substitute motion for this to go to Lake & Land
Smith said he would make a comment and then second Shanklin's motion. Smith said both things
can be accomplished tonight, Council can take necessary action about the hunt for this year, such
as allow the October hunt to proceed and do a drawing for the December hunt. Smith said it
needs to go back to the Lake & Land Commission to be incorporated into the Chapter 19 revision
recommendations. Smith said with those comments, he would second Shanklin's motion.
Shanklin asked to speak and the Mayor asked for roll call, noting the motion to be voted on was
to table. Smith withdrew his second to Shanklin's motion. Shanklin said the ordinance provides
that recipients of elk hunting permits will be residents of the City of Lawton and asked if we
really intended to be that discriminatory. Shanklin said there may be a lot of flaws in it that
should not be there so it should go to Lake & Land.
Purcell suggested a motion to send it to Lakes & Land and direct the City Manager,
December hunt, to have a publicized, random drawing.
Baxter asked if permission had not already been issued for December hunting. Baker said
permission has been issued for the October and December hunts so if Council wanted to provide
more opportunity for other citizens, he assumed the permissions could be withdrawn for the
December hunt. Devine said the biggest percentage of the hunters are the same names so it
should not be hard to have everyone hunt in October but none of them be able to hunt in
December at all. Vincent said the Code states "that upon obtaining written, express permission
from the City's wildlife conservationist and a proper valid elk tag" so Council can issue direction
to staff as appropriate.
SUBSTITUTE MOTION by Smith, to table these two items, send them back to the Lake & Land
Commission for their review and inclusion in Chapter 19 and that we instruct staff to hold the
October hunt as is, and do a random drawing for the December hunt.
Mayor Powell asked about those already named for the December hunt. Response was those
would be canceled and a random drawing would be held.
SECOND by Purcell to Smith's Substitute Motion shown above. Mayor Powell said the motion is
to table, go back to Lake & Land and those named in the October hunt will hunt, and those in the
December hunt will not but there will be a random drawing for that. He asked if that was correct.
Smith said yes. Devine said there is an exception; of these two, there are four people that are not
in October and are only in December so those people should be moved from December to
October. Devine said as an example, the Rocky Mountain Elk Foundation was issued two permits
per the letter and asked if that was four people or two people for two hunting seasons. Baker's
response was inaudible. Devine said it should not be a problem; two other people are in
December but not October so those two people should be moved back to October and he did not
want to push anyone out of a hunting season.
Michael Jackson was recognized to speak. He said the Rocky Mountain Elk Foundation got
permits from the City, gave one as a door prize and held an auction for the other, which he
purchased through the auction for his son. Jackson said two were given and they were told they
could hunt either in October or December, so the four people were really two people that could
hunt in either season. He said he planned to hunt in October but the other individual may want to
hunt in December. Jackson said it seemed the Lake & Land Commission was the way to go and
apparently this had slipped by everyone for years and years, and to have bureaucratic
intervention without considering how it may affect others was not good. He said he purchased it
at auction, and if a hunt were closed, he could get burned. Jackson said rules needed to be set to
prevent a person from handing out permits to his friends, but to cut it off right here for a certain
hunt instead of studying it and sending it through the proper channels may not be the best way to
do it. Mayor Powell said no one will be cut out.
Devine said the tags are not transferrable. Jackson said he was told they could hunt
October or December with either bow or black powder, either cow or bull, which the state
regulates, and he purchased that for his son to hunt as opposed to going to Colorado, which
would have been a much bigger expense. Jackson said he did that in good faith that everything
was legitimate through the City channels. Mayor Powell said it is legitimate and everything is
okay. Mayor Powell said no one is being eliminated. Jackson asked if he would have asked to
hunt in December instead of October, would he have been eliminated. Baxter said he would have
been moved to October. Devine said everyone on the December list will be moved back to
October; no one will be missed. Jackson asked if the ten people in December would hunt with the
ten people in October, for a total of 20 hunters. Devine said we had 12 in December already.
Jackson asked if there were two redundant names for both October and December. Response was
most of them were the same.
Baxter asked Hawthorne if the Lake & Land Commission can bring this back before
part of November. Hawthorne said they would meet on the first Wednesday of next month.
Hawthorne asked how many people would be hunting in October and response was 12.
Hawthorne said you should have 500 acres per hunter and there may be too many hunters.
Devine said he had paid Hawthorne to hunt on his land before and he did not have 500 acres to
Mayor Powell said there is a motion on the floor and no one will be eliminated. He asked
roll call on Smith's substitute motion, second by Purcell, to table.
VOTE ON SUBSTITUTE MOTION BY SMITH, SECOND BY PURCELL: AYE: Devine,
Purcell, Shanklin, Moeller, Haywood, Baxter, Smith, Hanna. NAY: None. SUBSTITUTE
2. Consider adopting Council Policy 9-2, Permission to Hunt Elk
on City Land, regarding the
procedure for granting permission to hunt elk on specified City of Lawton property. Exhibits:
Council Policy 9-2.
Mayor Powell said this item is eliminated due to action on Item 1.
1. Consider a request from the Oklahoma Centennial Commission
for grant writing expenses
for the National Army Museum of the Southwest. Exhibits: Letter from Mr. J. Blake Wade,
Executive Director of the Oklahoma Centennial Commission.
Mayor Powell said a letter was received and asked for comments.
Purcell said he talked to one very influential gentleman today about this particular
issue, and he
is working hard to get the museum and Purcell supported it 100%. He said when Council voted to
take $250,000 out of 2000 CIP there was some concern; that $250,000 was to send a message to
the Governor that he might come up with the $15 million that was needed at the time to build the
museum. Purcell said that did not happen and between the Governor and the Legislature they
have come up with $3.7 million. He said with the exception of two people in town, who are
influential, everyone else that has contacted him was not happy they did the $250,000. Purcell
said he still thought it was needed and that it fit under economic development, and if we get the
museum and need to pay it, that is fine. He said he had a problem taking $50,000 out of that
$250,000 to hire a grant writer; it seems we will give $50,000 of citizen CIP money to the
Centennial Commission to hire this person. Purcell said a week or two ago there was an
announcement that they had hired this person and the name was in the paper so they must have
had money to hire the person, and Council is now being asked to use $50,000 of the $250,000.
He said he personally had a problem with that and did not think he could support it.
Mayor Powell said he had talked with the same person Purcell was referring to, and Blake
who is head of the Centennial Commission, met with a few people in Lawton and talked about
the grant writer. He said the letter states there is an opportunity for $11 million but they are
actually going after $25 million, and they have talked to this grant writer to solicit money
throughout the nation from foundations to seek the funding for the museum, and the money is not
on hand now. Mayor Powell said they do not have money on hand right now and Wade has
requested $50,000 to seek $11 to $25 million for the museum.
Shanklin asked where this grant writer came from and who hired her. Mayor Powell said
it is the
centennial group, Chairman Blake Wade.
Baxter said when the $250,000 deal happened he was one of the few on the Council that
vote for it. He said he could not do anything about it and the $250,000 was awarded to whomever
to help bring the National Army Museum to Fort Sill, that has already been done and it does not
matter how those people choose to spend the money; we gave them $250,000 and if they want to
spend $50,000 on a grant writer, they can do so.
Purcell said we have not given them $250,000, and if you will check the records, we
would give $250,000; there has to be an agreement on what they are going to spend it on. He said
there was a motion at the time to spend the $250,000 to build the museum; there is no agreement,
we have not given them the money. Purcell said he was not even sure we have $250,000 in the
CIP account for the $1.2 million because the $1.2 million we were going to use $250,000 of
comes in over a five year period, although it could be taken from somewhere else and moved in
there, but we have not given them that money and we were not going to quote give them the cash
until it was time to build the museum, and now this proposal giving them the $50,000 in cash
Baxter said he did not believe the word "build" was used in the previous statements,
the language that was used a few months ago when they talked about the $250,000 was to help
bring in the museum. Purcell said they could check the record to find out what was said. Shanklin
said the record should be checked and asked Vincent if he remembered. Vincent said his
recollection was that we would not fund the money until the museum was funded and then we
would contribute $250,000 to the funding. Mayor Powell suggested it be tabled until research can
be done to find out what was said.
MOVED by Baxter, SECOND by Shanklin, to table the item. AYE: Purcell, Shanklin, Moeller,
Haywood, Baxter, Smith, Hanna. NAY: None. OUT: Devine. MOTION CARRIED.
2. Consider authorizing the release of water from Lake Ellsworth
into East Cache Creek and
withdrawal of raw water from Lakes Lawtonka and Ellsworth. Exhibits: None.
Mayor Powell said he received a call from farmers below the lake and the water in the
very stagnant and they are in jeopardy of losing their animals by drinking this water. He said it is
a matter of flushing out the creek and being a good neighbor.
Jerry Ihler, Public Works Director, said current lake levels are Ellsworth is down 2.49
Lawtonka is down 4.48 feet; pumping policy states that when Lawtonka gets down to 4.55 feet,
water is pumped from Ellsworth to Lawtonka, and pumps will likely be turned on by the end of
the week. Water can be released down Cache Creek by opening the gates at Lake Ellsworth;
another location downstream is a surge tank with a check valve we can operate and release water
directly into East Cache Creek through a 42" or 48" out fall pipe and we can open the valve
allow water to flow into the creek without affecting the work that is going on at the dam.
Baxter asked how long the valve would have to be left open to flush out the creek. Ihler
said if it
was opened as wide as possible, 130 to 140 million gallons a day could go out and he would not
recommend that. Ihler said the City provides 455,000 gallons a day from Lake Lawtonka through
an agreement with Fort Sill in a release arrangement, and a similar amount could be released
from Ellsworth and be measured because the valve would be opened a small amount and estimate
the quantity being released. Ihler said the area could be flushed in three to five days in that
manner, and the amount of water released in relation to the amount of water available is a small
amount; 50 million gallons a day is lost during the heat of the summer to evaporation. Ihler
suggested cracking the valve a small amount, releasing water and monitor it for a week, and if
there are any problems, we can report back and stop if needed.
MOVED by Baxter, SECOND by Shanklin, to open the valve and release approximately 400,000
gallons of water for a period of five days.
Mayor Powell asked if the valve was working adequately and if it can be closed once
it is open.
Ihler said the last time it was operated it worked fine.
Mayor Powell said if we get rain, we should use good judgment and close the valve down,
monitor it daily and once the creek is flushed, close it down.
Purcell asked how much the lake level would drop as a result of releasing the water.
Ihler said it
would not be noticeable; the lake is dropping about three hundredths of a foot a day with the
Moeller asked if they were also talking about opening the gates at Lawtonka. Ihler said
first call came in it was to open the gates at Ellsworth but a construction contractor is doing work
on the spillway; the contractor was told the gates would not be opened unless there was a major
storm because it would cause him to not be able to complete his work.
Smith said he would support this 100% because he believed we must be good neighbors
would be remiss in not reminding residents that the lawsuit the City lost involving some of the
downstream folks, there were several people who lived down there that laughed and to the media
said they could not wait until the next rain where they could come and get some of that money.
He said he would hope that our neighbors to the south remember that and also think in a like
charitable manner. Shanklin reviewed water already going down Cache Creek.
Baker asked that consideration be given to withdrawing water from both lakes for those
not live along Cache Creek. Mayor Powell asked the price for that water. Baker said the only
other raw water customer pays seventy-five cents per thousand, and that could be done possibly
for the next 30 days. Mayor Powell asked if that could be included in the motion. Baxter said he
would include in the motion that they can withdraw raw water.
VOTE ON MOTION: AYE: Shanklin, Moeller, Haywood, Baxter, Smith, Hanna, Devine,
Purcell. NAY: None. MOTION CARRIED.
1. Hold a public hearing and consider an ordinance amending various
sections of Chapter 18,
Zoning Regulations, Lawton City Code, 1995, as recommended by the Building Codes Task
Force. Exhibits: Ordinance 00-30; Matrix of Amendments; CPC Minutes of 5/25, 6/8 and
8/10/00; Task Force List of Recommended Amendments.
Bob Bigham, City Planner, said this item is the result of many months of preparation
Mayor's Task Force in recommending changes to Chapter 18. Work began in April 1999, the
Task Force has held 15 meetings, and it has been before the Planning Commission twice. He said
he now felt all parties were agreeable to the proposed ordinance, which deals with about half of
the zoning regulations chapter. Bigham said staff had prepared a lengthy matrix to show the 39
changes proposed in this ordinance.
Smith said a great deal of time was spent on this and he was surprised so few changes
recommended. He said he had reservations going into the task force and that was why he asked
the Mayor to put him on it; the work done was extensive and it streamlines the regulations.
MOVED by Smith, SECOND by Shanklin, to approve Ordinance 00-30, waive reading of the
ordinance, read the title only.
PUBLIC HEARING OPENED.
Nick Richards, Chairman of the Mayor's Task Force, said he appreciated being able to
task force and that large accomplishments were made in streamlining the Code. He said they
have reached the first half of the Code, and were up to 18-803 so there is another half to go.
Richards said he felt they had offered some good suggestions and would appreciate passage.
Mayor Powell thanked the task force and Councilmembers Smith, Devine, Shanklin and former
Councilmember Beller, for also serving on it. He said he attended some of the meetings and
intentionally did not attend many as he did not want to interfere with the work being done, and
he wanted it to be the decision of the group. He said Bigham and Tucker attended the meetings,
Baker attended some meetings, and a meeting was later held in his office to cover every point to
be sure everyone was on the same page.
Moeller said many housing additions are backing up to four lane highways, and she was
residents could put up fences for privacy or sound abatement up to ten feet. She asked if that is
allowed under the proposed ordinance. Bigham said subdivision regulations in Chapter 21
provide for screening at the rear of the property located on arterial streets; the zoning code under
open space allows fences to be placed up to eight feet, instead of seven as shown in the previous
code, and when there is unusual topography, the fence can be up to ten feet but it is not
automatic. Moeller said people need to know they can put up a ten foot fence under those
conditions. Bigham said if there is a need for a fence in excess of eight feet, or the ten foot rules,
whichever may apply, they can go to the Planning Commission to get approval for a higher fence
for privacy or security.
(Title read by Clerk) Ordinance 00-30
An ordinance relating to zoning amending the following sections of Chapter 18, Lawton
Code, 1995: Section 18-104 amending provisions of Chapter declared to be minimum
requirements; Section 18-106 (as amended by Ordinance Nos. 95-52, 96-14 and 99-13) amending
the definition of bed and breakfast establishment; Section 18-404.1 (as amended by Ordinance
No. 98-03) amending the maximum height of fences outside any side or rear building limit line to
eight (8) feet; Section 18-409 deleting the penalty for failure to obtain a certificate of zoning
compliance; Section 18-548 amending the maximum number of guest rooms for bed and
breakfast establishments; Section 18-578.5 amending the landscaping requirements for parking
areas in professional and office districts; Section 18-580 (as amended by Ordinance No. 97-10)
adding oil change shop as a permitted use in C-1 Local Commercial Districts; Section 18-581 (as
amended by Ordinance Nos. 97-10 and 97-18) adding as a use permitted on review uses not listed
in other districts which are similar to uses permitted on review in C-1 Local Commercial
Districts; Section 18-601 (as amended by Ordinance No. 95-20) deleting trading stamp store as a
permitted use in a C-3 Planned Community Shopping Center District; Section 18-611 (as
amended by Ordinance No. 95-20) deleting bathhouse as a permitted use in C-4 Tourist
Commercial District; Sections 18-623 (as amended by Ordinance Nos. 95-20), 18-624, 18-625,
18-646, 18-655, 18-671, 18-678, 18-688 and 18-807 amending the height requirement for
screening; Sections 18-634 and 18-640 adding the project number of the Downtown Urban
Renewal Plan; Section 18-637 amending the front yard setback in the Central Business District;
Section 18-649 amending side yard requirements in I-1 Restricted Manufacturing and Warehouse
District; Section 18-652 amending lot coverage in I-1 Restricted Manufacturing and Warehouse
District; Section 18-653 amending landscaping requirements in I-1 Restricted Manufacturing and
Warehouse District; Section 18-654 deleting height restrictions in I-1 Restricted Manufacturing
and Warehouse District; Section 18-677 amending the language from dwelling district to
residential district; Section 18-802 (as amended by Ordinance Nos. 95-37 and 99-13) deleting the
requirements for location of parking and loading facilities in the downtown area, allowing
parking and loading in the street right-of-way in the downtown area, and amending landscaping
requirements for parking areas in the downtown area and industrial districts; Section 18-805
deleting the requirement for off-street parking and loading facilities in the downtown area; and
Section 18-806 (as amended by Ordinance 99-13) amending location of off-street parking
facilities; and repealing Section 18-639 floor area and height restrictions in the Central Business
District, reserving the section number for future use; providing for renumbering; and providing
VOTE ON MOTION: AYE: Moeller, Haywood, Baxter, Smith, Hanna, Devine, Purcell,
Shanklin. NAY: None. MOTION CARRIED.
2. Discuss and take appropriate action to start the process of
being able to re-open the 9th
Street railroad crossing. Exhibits: None.
Shanklin said he felt a mistake was made five or six years ago when this came about
fought it unsuccessfully. He said 11th and F is the second worse intersection as far as accidents,
and 38th and Gore is number one. Shanklin said it would be nice to open 9th Street and see how
much traffic that would take off of 11th Street, and he thought it would take a tremendous load
off; otherwise, a large amount of money will be needed to construct a turning bay and other
improvements at 11th and F.
Baxter said he agreed with Shanklin's comments and there are a lot of accidents at 11th
and F, so
opening 9th Street could take some pressure off of this intersection. He said opening 9th Street
may be less expensive than reconfiguring the 11th and F intersection.
Mayor Powell said he brought this up at a quarterly meeting with ODOT and got a good
reception but very expensive news. He said the railroad company had upgraded crossings at their
expense so if the City wanted one re-opened, it would have to share in the expenses, but it can be
related in whatever response the City may receive.
Purcell said he was not opposed to this and the Council could go as a group to the necessary
agency, but this was requested once and basically got turned down so hopefully it will succeed
this time. Shanklin said it was not turned down and a process was being sought through Ron
Kirby, but the sad part is that the railroad companies are responsible for their crossings to begin
with so we did not really get anything.
Devine said if 9th Street is opened it would take mainly the traffic that is southbound.
suggested if this is being done, 15th Street should also be considered for opening to allow more
traffic in both directions. Devine said he would support 9th Street and would be glad to just get
Mayor Powell asked what action is appropriate. Shanklin said the action would be to
City Manager and the Mayor to write this letter to pursue the commentary that will take place
with the Corporation Commission. Mayor Powell said the direction is received and that would be
3. Consider approving funding to make necessary improvements
to the kitchen of the Patterson
Recreation Center, providing compliance to the City Code and allowing for the installation of a
new stove. Exhibits: Cost summary of stove and kitchen improvements.
Gary Salva, Parks & Recreation Director, said Council approved purchase of a new
stove not to
exceed $4,000 for Patterson Center; the cost of the stove is less than $2,000 and the additional
funding was to be for installation costs and bringing in a new gas line. He said the stove has not
been purchased, staff found improvements were needed to the kitchen to allow for any type of
stove; a new venting and exhaust system is required with a fire suppression system. Additional
cost is $5,487.47 for the project. Salva said the nutrition site cannot operate without the
improvements required by code. He said the funds were not budgeted; Building Maintenance,
which oversees 34 public buildings, budgeted $20,000 for all items and this would take about
one-fourth of the total for all buildings. Salva said the request is to approve the additional
expense and decide the funding source.
Baxter said the electric stove has been used for 25 years in Patterson Center but now
commercial stove is needed which will require an additional $5,500 to install. He asked if that
was the case. Salva said yes, the kitchen was leased to the County for the nutrition program
which is responsible for all maintenance and repair of equipment in the kitchen, so it is really
their responsibility to maintain the kitchen. Salva said they have stated they are not financially
able to make this improvement of the new stove or the renovation needed for the building.
Haywood said the intention was to put in a new stove at a cost of $2,800, then found
it would be
$3,600, but the kitchen is out of compliance regardless of what kind of stove is put in. He said
they have had several stoves over the past 25 years, but because of the use, a good stove is
needed and Mrs. Owens asked that a gas stove be installed. Haywood said things were not done
to standard over the years and that is causing the price to be higher.
Baxter asked if improvements are still needed if an electric stove is installed. Salva
said yes, it
would still require the commercial hood and exhaust system. Baxter said it was not commercial
for 25 years and Salva said we were not in compliance then.
Purcell asked if an electric stove could be put back in and save the cost of running
the gas line,
and can the cost be paid through CDBG. Salva said the cost for a commercial electric stove
would be higher because a new electrical panel and system would be required to handle the load
from a commercial stove so it is actually cheaper to bring in a new gas line than to go back to a
commercial electric stove. Salva said he had not asked Pondrom about using CDBG funds.
Mayor Powell said what is being run into here is what business owners have to comply
the time and this is just another case, you have to comply. He said whether you like it or not, you
have to put it in and then pay for the people to come by and inspect it every six months and pay
those fees as well.
Baxter said the funding source shows Building Maintenance Activity 80, and asked if
$5,500 in the account. Baker said there is about $20,000 in the account and this would represent
20% of their budget. Baker said we might take an IOU if we need to do that, and the City has got
to go by its own codes if it expects others to do so. Purcell asked if CDBG funds can be used and
Baker said he would check with Pondrom. Haywood said the stove is needed and the people have
been waiting. Purcell suggested taking it from CDBG, or if that is not possible, give them an
MOVED by Devine, SECOND by Baxter, to accept this and find the appropriate funding, if we
can get it from CDBG that is fine, and if not, wherever it needs to come from.
Haywood suggested it be taken from Activity 80 if needed and Devine said he would add
the motion. Shanklin asked the cost for the hood. Salva said the hood and exhaust system will be
VOTE ON MOTION AS AMENDED: AYE: Haywood, Baxter, Smith, Hanna, Devine, Purcell,
Shanklin, Moeller. NAY: None. MOTION CARRIED.
4. Brief Council on investigation involving embezzlement by employee. Exhibits: None.
Mayor Powell said he had been asked to strike this item from the agenda.
5. Consider amending Council Policy No. 8-1 "Engineering
and Architectural Selection
Process" dated January 9, 1996. Exhibits: Amended Council Policy No. 8-1.
MOVED by Smith, SECOND by Baxter, to amend Council Policy No. 8-1 to comply with State
Statute. AYE: Baxter, Smith, Hanna, Devine, Purcell, Shanklin, Moeller, Haywood. NAY: None.
6. Consider approval of a Mutual Assistance Agreement between
the City of Lawton and the
City of Snyder, Oklahoma. Exhibits: Agreement.
Don Barrington, Fire Chief, said Snyder requested this agreement which gives the legal
respond in times of disaster. He said these instruments came about as a result of the bombing in
Oklahoma City and tornadoes; when FEMA comes and applications are made to receive federal
assistance, the agencies are asked if these agreements are in place. Barrington said it makes it
much easier to receive federal assistance if such documents have been prepared.
MOVED by Smith, SECOND by Moeller, to approve the agreement with Snyder and authorize
execution of the agreement.
Shanklin asked if Snyder has an agreement with Altus. Barrington said he did not know
hoped to have an agreement with Altus also. Shanklin asked what constitutes a disaster.
Barrington said it could be a tornado hitting either town or any catastrophic occurrence.
Hanna asked what would be done if a tornado hit Lawton and Snyder both. Barrington said
that case Lawton would not be able to respond to Snyder.
Purcell asked if we were prohibited from having something in the agreement to recover
from Snyder, or if Snyder could recover funds from Lawton if Lawton requests assistance from
Snyder. Vincent said the statutes provide that each entity cover its own costs and reimbursement
is not provided for. Shanklin asked if federal assistance is provided, it is shared between the
agencies. Vincent said no, if federal funds are received, it stays with the agency that receives it.
Vincent said some agencies did not receive reimbursement during the Oklahoma City tornado
because no mutual assistance agreements were in place.
VOTE ON MOTION: AYE: Smith, Hanna, Devine, Purcell, Shanklin, Moeller, Haywood,
Baxter. NAY: None. MOTION CARRIED.
7. Consider accepting a Temporary Utility Easement, Permanent
Utility Easement and
Warranty Deed from Republic Paper Company in Lawton Industrial Park for the extension of
Neal Boulevard. Exhibits: None.
Vincent said we are working with an economic development prospect that would be located
the vicinity of Republic Paper Company. He said Republic has been kind enough to donate a
temporary utility easement, permanent utility easement for construction of the sewer line, and a
800' x 100' parcel of land for the extension of Neal Boulevard.
MOVED by Shanklin, SECOND by Smith, to accept the temporary utility easement, permanent
utility easement and warranty deed from Republic Paper Company in the Lawton Industrial Park
for the extension of Neal Boulevard. AYE: Hanna, Devine, Purcell, Shanklin, Moeller,
Haywood, Baxter, Smith. NAY: None. MOTION CARRIED.
8. Consider awarding a construction contract for the Veterans
Administration Sanitary Sewer
Relocation Project 00-3 SSES to Krapff-Reynolds Construction Company and identifying a
funding source for the Lawton Industrial Park Sanitary Sewer Project (Alternate Bid). Exhibits:
Bid Tabulation of August 29, 2000; 1995 CIP Reconciliation Report.
Ihler said funds were approved from the 1995 CIP to relocate the sewer line that crosses
proposed Veterans facility at the corner of Gore and Flower Mound Road. Bids were advertised,
and during that process, Council authorized proceeding with design and adding into the project
the sewer line to serve the proposed industrial prospect in the Industrial Park, which was just
discussed in the previous item. Bids have been received for the two projects and the apparent low
bid was Krapff-Reynolds in the amount of $146,344.65, which is a very good bid. Funds are
available to cover the base bid for the VA Center; however, funds have not yet been appropriated
for the line to serve the proposed industrial site. Recommendation is to award the contract to
Krapff-Reynolds for both projects and authorize an additional amount of funding from the 1995
CIP in the amount of $80,000 to fund the alternate bid to serve the industrial site.
Shanklin said the bid is one-half of the amount shown as the engineer's estimate. He
contractor is not working every day on the project on Lake and he asked Ihler if the firm
performs adequately. Ihler said the firm is a very reputable contractor, has done several projects
for the City and has always done a very good job. Shanklin asked the location of the C.W.
Morgan firm and Ihler said he would have to check.
MOVED by Purcell, SECOND by Haywood, to award to Krapff-Reynolds with the total cost
funded from the 1995 CIP. AYE: Purcell, Shanklin, Moeller, Haywood, Baxter, Smith, Hanna,
Devine. NAY: None. MOTION CARRIED.
9. Consider a resolution authorizing the installation of traffic
control devices at specified
locations. Exhibits: Resolution 00-90; Excerpt of 8/17/00 Traffic Commission Minutes.
(Title only) Resolution 00-90
A resolution authorizing the installation and/or removal of traffic control devices
designated locations within the City of Lawton, Oklahoma. Location: Install pedestrian crossing
signs at the crosswalk on SW 5th Street in front of the YMCA.
ITEMS 10 AND 11 WERE CONSIDERED SEPARATELY AS SHOWN BELOW.
12. Consider denying a request for installation of traffic control
devices at specified locations.
Exhibits: Excerpt of 8/17/00 Traffic Commission Minutes. Action: Denial of request.
13. Consider approving a request for a left turn bay for an existing
median opening for Regency
Arms Apartments, No. 20 Mission Blvd. Exhibits: None. Action: Approval of request.
14. Consider acknowledging receipt of permits from the Oklahoma
State Department of
Environmental Quality for the construction of sanitary sewer and water lines with appurtenances
to serve Bridwell Commercial Development. Exhibits: None. (Permits on file) Action:
Acknowledge receipt of permits for WL000016000773 for 830 lf of 10" PVC plus 375 lf of 8"
PVC water line and all appurtenances, and SL000016000774 for 804 lf of 8" PVC sanitary sewer
line and all appurtenances to serve Bridwell Commercial Development.
15. Consider adopting a resolution ratifying the action of the
City Attorney in filing and
making payment of the judgment in the Workers' Compensation case of Michael D. Cargill in the
Workers' Compensation Court, Case No. 2000-04785X. Exhibits: Resolution 00-91.
(Title only) Resolution 00-91
A resolution ratifying the actions of the City Attorney in making payment of the judgment
Workers' Compensation case of Michael D. Cargill for the amount of Fifteen Thousand One
Hundred Twenty-Three Dollars and no cents ($15,123.00) per order of the Workers'
Compensation Court, and filing a foreign judgment in the District Court of Comanche County for
purposes of placing said judgment on the tax rolls.
16. Consider approving a Second Amendment to Lease Agreement
between the City of
Lawton, Oklahoma, and the Lawton Metropolitan Area Airport Authority and authorize
execution of the Second Amendment. Exhibits: Second Amendment to Lease Agreement. Action:
Approval of second amendment. Purpose is to delete the primary access road in to and out of the
airport from the Airport Authority's leased area.
17. Consider approving a Road Dedication for the entrance and
exit road at the Lawton-Fort
Sill Metropolitan Area Airport and authorize execution of the Road Dedication. Exhibits: Deed
of Dedication. Action: Approve road dedication and authorize execution. Dedication includes the
access roads from SW 11th Street to the airport terminal and back to SW 11th Street and two
minor connector streets that extend between the entrance and exit roads.
18. Consider a resolution increasing the petty cash and change
fund for the City of Lawton
Municipal Court. Exhibits: Resolution 00-92.
(Title only) Resolution 00-92
A resolution authorizing an increase in petty cash for the City of Lawton, Municipal
(Increases amount to $2,000.00)
19. Consider approving the plans for the construction of an offsite
waterline improvement to
serve Comanche Nation Casino along I-44. Exhibits: Site Plan. Action: Approve plans for
construction of a 12-inch water line to serve Comanche Nation Casino subject to ODEQ permit.
ITEM 20 WAS CONSIDERED AS SHOWN BELOW.
21. Consider approving plans and specifications for the NW 23rd/26th
Upgrade (Phase I) 90-10 SSES and Wastewater Pollution Control Facilities Clean Water SRF
Project No. ORF-98-015 CW and authorizing staff to advertise for bids. Exhibits: None. Action:
Approve plans and authorize staff to advertise for bids.
22. Consider approving Change Order No. 1 for the Robinson's
Landing Lift Station and
Restroom Facility Construction Project #2000-5 with M.L. Young Construction Corporation.
Exhibits: Action: Approval of item to include reinforced stem wall around restroom building;
price increase is $1,044.12; no additional days requested.
23. Consider accepting Town Hall Re-Roofing Project #2000-1 as
constructed by Ford Roofing
and Sheet Metal Company and placing the Maintenance Bond into effect. Exhibits: Map. Action:
Approval of item.
24. Consider accepting Belmont Avenue and New York Street Improvements
as constructed by T & G Construction, Inc. and placing the Maintenance Bond into effect.
Exhibits: Map. Action: Approval of item.
25. Consider approving plans and specifications for the Flower
Mound Road Waterline (24")
Project #2000-36 and authorizing staff to advertise for bids. Exhibits: Map. Action: Approval of
26. Consider approving Releases of Mortgage on residential properties
belonging to Cleo
Bradley, 1301 Pennsylvania; Greg Seabolt, 1812 NW Lake; Raymond R. Ross, 2740 SW "I"
Avenue; and Randy and Cynthia Pickens, 1610 SW "C" Avenue, all located in Lawton,
Oklahoma, and authorize execution of the Releases of Mortgage. Exhibits: None. Action:
Approval of item.
27. Consider a lease agreement between the City of Lawton and
Comtel Mainstreet PCS, L.P.
for Antenna Space on Water Tower. Exhibits: None. (previously provided at Water Auth.)
Action: Approval of item.
28. Consider a Revocable Permit to Tommy and Gloria Robertson
for an access drive at Lake
Ellsworth east of the dam. Exhibits: None. (previously provided at Water Auth.) Action:
Approval of item.
29. Consider agreements between the Lawton Chapter of the National
Society of Daughters of
the American Revolution and the Jacob White David Chapter, United States Daughters of 1812
(USD 1812) and the City of Lawton for the loan of certain books, films, and other materials to be
located in the Lawton Public Library. Exhibits: None. (Agreements on file) Action: Approval of
30. Consider approving the following contract extensions: A)
Rental Equipment with ICM of
Oklahoma City, C.L. Boyd Co., Inc. and TT Technologies, Inc.; B) Metal Products with Larrance
Steel; C) Entry Level Tactical Body Armor with Patrol Technology. Exhibits: None. Action:
Approval of item.
31. Consider awarding contract for Upgrade of HP3000. Exhibits:
Memo; Abstract. Action:
Award to Speedware Corporation.
32. Consider awarding contract for Liquid Chlorine. Exhibits:
Memo; Abstract. Action: Award
to DPC Industries, Inc.
33. Consider awarding contract for Thermoplastic Material. Exhibits:
Memo; Abstract. Action:
Award to Crown Technology II, LLC.
34. Consider awarding contract for Property Insurance. Exhibits:
Memo; Abstract. Action:
Award to Towe, Hester & Erwin, Inc.
35. Consider awarding contract for Trench Shoring System. Exhibits:
Memo; Abstract. Action:
Award to ICM of Oklahoma City.
36. Consider awarding contract for Steel Posts. Exhibits: Memo;
Abstract. Action: Award to
Unistrut Distribution Company (Items 1 & 2); Fence & Supply Store (Items 3 & 4); Vulcan
37. Consider approving contract change order of Rental Equipment
with SECOR to delete Item
#7. Exhibits: Contract Change Order; Department Memorandums. Action: Approve change order
to delete item seven, self-contained hydraulic fusion machine from the contract.
38. Consider awarding contract for Decontamination and Cleaning
of Bunker Clothing.
Exhibits: Memo; Abstract. Action: Award to Fire Brigade Manufacturing, Inc.
39. Consider awarding contract for Rental of Linen Service. Exhibits:
Memo; Abstract. Action:
Award to Quality Enterprises of Lawton, Inc.
40. Consider awarding contract for a Portable Lift Station. Exhibits:
Memo; Abstract. Action:
Award to ICM of Oklahoma City.
41. Consider approval of appointments to boards and commissions.
Commission of Status of Women: Betty Simmons, Ward 4, Term: 4/23/00 to 4/23/02
Arts & Humanities Council: Diana Brown, Term: 7/1/00 to 6/30/03; John Morris, Term:
42. Consider approval of payroll for the period of September
4 through 17, 2000. Exhibits:
Separate consideration was requested for Items 10, 11 and 20.
MOVED by Shanklin, SECOND by Smith, for approval of the Consent Agenda items as
recommended with the exception of Items 10, 11 and 20. AYE: Shanklin, Moeller, Haywood,
Baxter, Smith, Hanna, Devine, Purcell. NAY: None. MOTION CARRIED.
10. Consider a resolution establishing traffic controls on Fort
Sill Boulevard southbound at
approximately Elm. Exhibits: Resolution 00-____.
Baxter said someone wishes to change the yield sign that is located approximately on
the ramp at
Fort Sill Boulevard and Elm into a stop sign. He said he did not agree with interrupting the traffic
flow; it is very important that cars and trucks have a rolling chance to be able to merge with the
traffic on Fort Sill Boulevard that is going 45 mph. Baxter said for a person in a larger truck with
a ten-speed transmission, it would be impossible for him to stop at a stop sign and go through
approximately six gears in the amount of footage from the stop sign to the entrance onto Fort Sill
Boulevard and be going more than 20 mph with traffic coming from under the bridge on Fort Sill
Boulevard going 45 mph. He said this would only cause some car to run into the back of a truck.
Hanna said the speed limit coming under the bridge is 35 mph, not 45; and there is a
crosswalk sign as traffic comes through there, and a new junior high is being built across the
street so children from that area will be coming across that boulevard. He said the yield sign
means little to nothing to most people coming through there, and they do not stop, yield or slow
down. Hanna said a serious accident is likely to occur if something is not done. He said he went
to the Traffic Commission with this in April and tried to get a stop sign, and he was told they
could not put in a stop sign at the time because we did not own Fort Sill Boulevard. Baxter said
he disagreed with that and had the minutes from the Traffic Commission. Hanna said since then
he found out the City had been given Fort Sill Boulevard so the City could do as it pleased on
signage, and not the State telling us what we could or could not do.
Purcell said this is another example of by-passing the Traffic Commission, and it should
to them since we know we have the authority.
MOVED by Purcell, SECOND by Smith, to send this back to the Traffic Commission for their
Baxter said it was taken to the Traffic Commission twice, he had the minutes and they
recommendation; nowhere in the minutes did it say they did not believe the City owned the Fort
Sill Boulevard ramp; it specifically states they would agree to put a larger yield sign at that
location and not to change the yield sign to a stop sign. Hanna said they agreed to make the yield
sign larger but not to put up a stop sign.
Devine said there will be a problem in allowing kids to cross the street, and if the
kids are going
to be allowed to cross, a stop sign will be needed. He said he did not feel kids should be allowed
to cross there and someone will eventually have to build a chain link fence or barrier to keep kids
from crossing because it is six lanes of traffic. Devine said the yield sign should be adequate and
a stop sign would be an advertisement for the kids to cross the street.
Hanna said he had brought that concern to Baker's attention and that some action will
as far as kids crossing the traffic. Mayor Powell suggested a cross over be built, if possible,
where it comes into four lanes.
Baxter said he felt it would be a waste of time for it to go to the Traffic Commission
SUBSTITUTE MOTION by Baxter, SECOND by Devine, to deny the stop sign.
Purcell said the substitute motion would be doing the same thing, by-passing the Traffic
Commission. Baxter said the Traffic Commission already denied it.
VOTE ON SUBSTITUTE MOTION: AYE: Moeller, Baxter, Smith, Devine. NAY: Hanna,
Purcell, Shanklin. ABSTAIN: Haywood. SUBSTITUTE MOTION CARRIED.
Baker said we will be working with LPS as they construct the new junior high as far
as the entire
traffic flow in the area.
11. Consider a resolution authorizing the installation of traffic
signs on the 1400 block of NW
Hoover. Exhibits: Resolution 00-93.
Dan Tucker, Building Development, said the initial resolution submitted read no parking,
stopping or standing on the north side of Hoover adjacent to Pat Henry School; the resolution has
been corrected to read no parking, stopping or standing on school days from 7:30 a.m. to 4:00
MOVED by Devine, SECOND by Smith, for approval of Resolution 00-93 as amended. AYE:
Haywood, Baxter, Smith, Hanna, Devine, Purcell, Shanklin, Moeller. NAY: None. MOTION
(Title only) Resolution 00-93
A resolution authorizing the installation and/or removal of traffic control devices
designated locations within the city of Lawton, Oklahoma. Location: Install "No Parking,
Stopping or Standing on School Days from 7:30 a.m.- 4:00 p.m." signs on the north side of the
1400 block of NW Hoover and "No Parking/Loading Only" signs on the south side of the 1400
block of NW Hoover.
20. Consider awarding a construction contract to T & G Construction
Inc. for the NW 64th and
Taylor Storm Drainage Project #2000-31. Exhibits: Location Map; Bid Tab.
Purcell said the low bidder has paid liquidated damages to the City on projects in the
meaning they were over their time limit. He asked how many days they went over the allocated
time. Ihler said they paid liquidated damages on the Larrance Street reconstruction project for
being 34 days over, and they paid $10,200 in liquidated damages.
Purcell asked if it is critical that the work on this project be completed in 60 days
and if they can
do it. Ihler said they feel they can get it done, the goal is to have it done by the end of the year
and definitely before the spring rains. Purcell said the City is generous on the time specified.
MOVED by Purcell, SECOND by Smith, to award the contract to T & G Construction Inc. in the
amount of $58,855.00. AYE: Baxter, Smith, Hanna, Devine, Purcell, Shanklin, Moeller,
Haywood. NAY: None. MOTION CARRIED.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.
Shanklin said Mrs. Ellsworth, wife of former Mayor Ellsworth, passed away a couple of
Shanklin asked what happened to the big tractor at the landfill and if we are still
paying for it and
if it was working yet. Devine asked if it was the one they changed the wheels on that is working
fine now. Ihler said the wheels were changed and it is working.
Shanklin asked if anyone ever wondered why Detention Reservoir B-1 was built, about
east of the one we spent $1.5 million for 15 years ago, and it is an interesting story.
Smith said Kids Zone is having a tool raising event starting on Saturday at 8 a.m. at
and donations are welcome. Ground breaking ceremony will be October 1 at 4 p.m. and the
ribbon cutting will be the following Sunday at 6 p.m., with the Mayor speaking at both events.
Baker said he will be attending OML in Tulsa on Wednesday, Thursday and Friday. He asked
that Ihler report on the 30" water line.
Ihler said on the evening of September 8, the North High Zone was put back in service
second repair, then Saturday morning it was cleaned up and Tower Two Road was reopened. At
4 a.m. on Sunday morning, the third break occurred. The line is currently put back together. The
third break was between the first and second breaks so new pipe was installed between the two
breaks, 120 feet, or six 20' joints of pipe were replaced. The line will be filled tomorrow morning
very slowly, and it will take two days to fill and flush the line. It will be put back in service on
Friday as a gravity flow line. One cause of the problems may be air in the line. One cause of the
first break may have been that crews repaired joint leaks and disturbed soil to do that so the shale
soil surrounding and supporting the pipe was lost, so a combination of the age of the pipe, which
is about 50 years old, the fact that it was originally designed for a gravity flow system and the
disturbance of the soil around the pipe caused the first break. As it was placed back in service,
there was air in the line causing a great deal of pressure on the pipe, and a combination of all of
these factors caused the second and third breaks.
Ihler said the line has two inch air release valves, which were designed for gravity
flow, but we
have been pumping on that line for several years so the size of those valves needs to be increased
to lessen the amount of water hammer. The new crew provided in this year's budget will be
scheduled to replace the air release valves with larger ones. Staff's intent is to run the line for
days at gravity flow before returning to pumping on Sunday morning. Water pressures
throughout town have been checked and the low zone areas are not as good as they would
normally be, but the lowest area was 20-22 pounds near Sheridan Road and Rogers Lane.
Ihler said when crews were first replacing the joints, a rented track hoe was being
used and a
smaller one was rented than what was really needed as it was not an urgent project at that point.
Water Distribution does not have adequate equipment to work on lines of this size. The rented
equipment had a hydraulic leak during the first break so the sewer rehab equipment was used,
which created a problem for the sewer rehab crews so yesterday a decision was made to rent a
larger track hoe and loader and return the sewer rehab equipment for its intended use. Fatigue of
the workers has also been a problem because it has been 240 hours, or ten days, that crews have
been working almost continuously. Water demand has been excessive; last Tuesday was the
highest day in history at 37.7 million gallons treated, and that was two days after the break.
Mayor Powell said he wanted to thank those who had worked long and hard hours making
repairs. He commended the citizens for understanding the problems and very few calls have been
Devine said Ihler mentioned the track hoe is being leased. He asked the costs for renting
day, week or month. Ihler said the large track hoe leases for $3,000 per week, $1,000 per day or
$8,900 per month; one day is considered an eight hour period so it is $3,000 to operate it full
time for 24 hours. Devine asked if new cost figures were available. Ihler said they made some
phone calls to get price quotes, and a new 330 track hoe, which is one size larger than the
equipment in sewer rehab, would be $211,000; one vendor has a used track hoe that had less than
2,000 hours and the price was $164,000, and the price on the new loader is $148,000.
Devine said we may need to look at purchasing a new track hoe because he understood
about six months' worth of work to do out there, and if there are any more breaks, it will cost a
lot to rent and use equipment 24 hours a day. Ihler said they will be replacing air release valves
and there are many other joint leaks that are minor but are scheduled for repair over the next
year. Ihler said a good question is how much a piece of equipment like that would be used, and
there is a good six months worth of work on the transmission main and the sewer rehab program
could work it almost every day. Ihler said the wet weather facility at the Wastewater Treatment
Plant needs to be dug out and the holding basin expanded, which is an 8-10 months project where
the equipment could be used. Devine asked if the $164,000 equipment is the right size. Ihler said
yes, it is a 330.
Purcell said he visited the site and at first the crews were using equipment with wheels,
opposed to tracks, and the arm would not reach down the needed 20 feet so it was taking twice as
long. He said he was told there are about 30 leaks to repair over the next six months, most of
which are very deep. Purcell said he felt the crews should be supported with the proper tools to
do the job and it would seem cheaper to buy the equipment in the long run due to the rental costs
and increased personnel cost from working with inadequate equipment.
Baxter asked what equipment had been used. Ihler said a 120 track hoe, then a 200 series
hoe from sewer rehab, and we are now leasing a 300 series track hoe. Baxter asked if a bid price
was obtained for a new 200 series track hoe and if it would do the job. Ihler said it can go 20 feet
down; it is a matter of the time and the size of the bucket, and the 200 series equipment worked
about three times faster than the original equipment, then the 300 series cuts the time in half
again. Ihler said sewer rehab bought the equipment about a year ago and it was $162,000 for a
new 200 series machine.
Shanklin said we are probably the only city in 200 miles that has not gone to some type
conservation system. He said it is probably too late now but when breaks like this occur, an odd
and even watering system should be considered to alleviate some of the strain.
Shanklin asked how close we are to getting the $893,000 the Oklahoma Tax Commission
sent that it should have. Baker said OML sent letters and Oklahoma City and Tulsa have sent
letters to the Tax Commission demanding return of their funds, and an item will be on the next
agenda to authorize request of return of the funds. Shanklin said we should go ahead and ask for
what is due us and that would help with the purchase of the equipment being discussed. Baxter
and Devine suggested a request be made in this regard now.
Baxter asked if funds were available in rolling stock to purchase a 200 series track
said the rolling stock funds are already appropriated in the budget and it is still early in the year
so we do not know if we have any lapse funding, but if Council desires, he can work with Public
Works on a report showing our needs, options, and what piece of equipment is needed, and
return the item. Devine asked if the Council needed to direct that the Manager do that and Mayor
Powell said direction was given.
Moeller suggested they take into account how fast the equipment can be delivered when
at a purchase. Ihler recommended purchase of a 300 series track hoe, and a bid could be
advertised for a machine with less than 2,000 hours that still had a remaining warranty. Ihler said
regarding a delivery date, the time required for a new one was 60 days so an old one could be
obtained much quicker.
Purcell: I've got a question. We got a thing from Brenda. We still need to set up a
date, she asked
us to be prepared tonight to set up a date to meet in a joint meeting with the Cemetery Board.
Can we set that up tonight...
Mayor: Well, I've looked at the 19th and the new president of Reliant ARKLA will be
and I've got a commitment there. If you all want to meet, well meet.
Purcell: If he's not there, the 19th, 20th and 22nd.
Shanklin: (inaudible) if you have a problem with it, go out there and settle it, then
bring it back.
Purcell: The Cemetery Board asked if we would have a joint meeting. Now, they don't
have to do
it, we don't need to give our approval, if we want to just tell them do what you want, which they
have the right to do under state and city law, is that the thing of the Council, then we don't need
to meet and we don't need to do anything. They just go and do what it is they want to do but they
wanted to give us the courtesy because they figure we're going to get the phone calls.
Shanklin: Well they did here.
Purcell: If you don't want a meeting, I'll tell them they don't need a meeting.
Shanklin: You can have the meeting, I just don't understand, I think it's redundant.
They told us
what they want to do and I understood you that went out there understand their problem and now
you don't have the same attitude towards it that you did whenever they proposed it. Am I wrong
Purcell: That's only two of us.
Shanklin: But I could go with you, I think the two of you are, I accept your, whatever
accept your recommendation. I have no problem with it.
Purcell: If that's what the Council wants then all we do is tell the Cemetery Board
get on with
what they're doing because they don't need to bring it to us, under the ordinance they just put it in
Mayor: Who all volunteered to sit on that committee? Barbara and John?
Purcell: Barbara and I went out and met with them for about two hours and they asked
to have a
meeting, if we could have a meeting just so they could show the rest of the Council, but
subsequent to that we've found that they don't even have to bring it to Council. They did it as a
courtesy and we can just tell them, if Council agrees, we agree with what you want to write, go
Devine: Mayor, I think he's right in what he's saying but I kind of agree with Bob.
I don't think
we need to go out there and start trying to tell them what to do because they've got their rules and
regulations to go by to start with and we can't overrule them to start with so I think we ought to
take John and the three committee and accept their recommendation.
Mayor: Is that the feeling of Council?
Purcell: Then the three of us will contact the Cemetery Board and tell them the Council
do what you originally planned to do.
Shanklin: I have no problem with that.
Devine: We couldn't change it anyway, could we?
Purcell: No, but they wanted our input in case we, they didn't want to lock it in concrete
Mayor: Will you all meet with them and bring a report back to the Council?
Shanklin: Mayor, we know those gentlemen that sit on that board, they're honorable people.
They're not going to do something just crazy.
Mayor: All right, good, that takes care of that then.
(end of verbatim portion)
Mayor Powell said the National League of Cities requested a voting delegate and alternate
delegate. He asked for Council input and direction, and it was agreed that Moeller will serve as
the voting delegate, and Purcell will serve as the alternate voting delegate.
43. Pursuant to Section 307B.2, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss negotiations for a Collective Bargaining Agreement for FY 2000-2001
between the Fire Union, IAFF, Local 1882, and the City of Lawton, and take appropriate action
in open session. Exhibits: None.
44. Pursuant to Section 307B3, Title 25, Oklahoma Statutes, consider
convening in executive
session to receive a briefing from GBA Architects on the status of Fire Station #5 relocation
project, and if necessary, take appropriate action in open session. Exhibits: None.
45. Pursuant to Section 307B3, Title 25, Oklahoma Statutes, consider
convening in executive
session to discuss the acquisition of property in the vicinity of Greer Park on 38th Street, and if
necessary, take appropriate action in open session. Exhibits: None.
Addendum: 3. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider
executive session to discuss potential action between the City of Lawton and "S" Construction,
and if necessary, take appropriate action in open session. Exhibits: None.
MOVED by Shanklin, SECOND by Baxter, to convene in executive session as shown on the
agenda and recommended by the legal staff. AYE: Smith, Hanna, Devine, Purcell, Shanklin,
Moeller, Haywood, Baxter. NAY: None. MOTION CARRIED.
The Mayor and Council convened in executive session at 8:38 p.m. and reconvened in regular,
open session at 9:45 p.m. with roll call reflecting all members present except Shanklin, who did
not return to the meeting.
Vincent reported that pursuant to Section 307B4, Title 25, Oklahoma Statutes, we convened
executive session to discuss potential action between the City of Lawton and "S" Construction.
He said this was discussed and staff recommendation is that Council approve a change order to
bring it into compliance.
MOVED by Purcell, SECOND by Baxter, to approve the change order. AYE: Devine, Purcell,
Moeller, Haywood, Baxter, Hanna. NAY: None. ABSTAIN: Smith. MOTION CARRIED.
Vincent reported that pursuant to Section 307B.2, Title 25, Oklahoma Statutes, we convened
executive session to discuss negotiations for a Collective Bargaining Agreement for FY 2000-2001 between
the Fire Union, IAFF, Local 1882, and the City of Lawton. He recommended a
motion to await the Union's response to the City's offer, with the response to be received no later
than close of business on September 15.
MOVED by Smith, SECOND by Baxter, to await the Union's response to the City's offer, with
the response to be received no later than close of business on September 15. AYE: Purcell,
Moeller, Haywood, Baxter, Smith, Hanna, Devine. NAY: None. MOTION CARRIED.
Vincent reported that pursuant to Section 307B3, Title 25, Oklahoma Statutes, we convened
executive session to consider the architectural plans and the status of Fire Station #5 relocation
project, including site designation. Staff recommended they be directed to approach the owners
of sites five and seven concerning the cost of acquisition.
MOVED by Purcell, SECOND by Smith, to approach the owners of sites five and seven
concerning the cost of acquisition. AYE: Moeller, Haywood, Baxter, Smith, Hanna, Devine,
Purcell. NAY: None. MOTION CARRIED.
Vincent reported that pursuant to Section 307B3, Title 25, Oklahoma Statutes, we convened
executive session to discuss the acquisition of property in the vicinity of Greer Park on 38th
Street. He recommended a motion that the Council is agreeable to the recommendation of the
Erwin family and the AMBUCS donation and the conditions placed thereon, with one condition
being that the City provide street access not to exceed $16,000 and sewer line access not to
exceed $10,000, for a total of $26,000 out of the 1995 CIP. Smith said this is a street that the
citizens will also be using and not a street we are giving away.
MOVED by Devine, SECOND by Hanna, that the Council is agreeable to the recommendation of
the Erwin family and the AMBUCS donation and the conditions placed thereon, with one
condition being that the City provide street access not to exceed $16,000 and sewer line access
not to exceed $10,000, for a total of $26,000 out of the 1995 CIP. AYE: Moeller, Haywood,
Baxter, Smith, Hanna, Devine, Purcell. NAY: None. MOTION CARRIED.
There being no further business to consider, the meeting adjourned at 9:55 p.m. upon
second and roll call vote.