Month 2001-12 December
Meeting of 2001-12-11 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
DECEMBER 11, 2001 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor Cecil E. Powell, Also
Baker, City Manager
Gary Jackson, Assistant City Manager
Vincent, City Attorney
Smith, City Clerk
The meeting was called to order at 7:20 p.m. by Mayor Powell. Notice of meeting and
were posted on the City Hall notice board as required by law.
Bass, Ward One
James Hanna Ward Two
Devine, Ward Three
John Purcell, Ward Four
Robert Shanklin, Ward Five
Barbara Moeller, Ward Six
Michael Baxter, Ward Eight
ABSENT: Stanley Haywood, Ward Seven
AUDIENCE PARTICIPATION: None.
CONSENT AGENDA :
Separate consideration was requested for Items1, 5, 7 and 10. The City Attorney requested
Items 3 and 4 be stricken and not considered.
MOVED by Shanklin, SECOND by Baxter, to approve the Consent Agenda items as
recommended with the exception of Items 1, 5, 7 and 10, and to strike Items 3 and 4. AYE:
Moeller, Baxter, Bass, Devine, Purcell, Shanklin. NAY: None. OUT: Hanna. MOTION
1. Consider the following damage claims recommended for denial:
Mary Herrera and
Southwestern Bell Telephone Company. Exhibits: Legal Opinions/Recommendations.
Vincent said Ms. Herrera is present to speak and requested the Southwestern Bell claim
MOVED by Shanklin, SECOND by Purcell, to deny the claim of Southwestern Bell Telephone.
AYE: Baxter, Bass, Hanna, Devine, Purcell, Shanklin, Moeller. NAY: None. MOTION
Vincent said he has a conflict of interest on the Mary Herrera claim and that Tim Wilson
handle it. Mayor Powell said Vincent was excused and asked him to remain seated.
Tim Wilson, Assistant City Attorney, said the claim involves an incident where Herrera
she ran into a dumpster owned by the City on June 10, 2001, at 5 a.m. with the dumpster being
located next to the First Presbyterian Church at the intersection of 13th and B Avenue.
Mary Herrera said she had distributed packets that included pictures she had taken on
different occasions of the dumpster. She said from when she hit it until the beginning of October,
it did sit slightly out in the road, but the main thing is the little bar that sticks out on the side
they hook onto to dump it into the truck and that was the part that she hit. Herrera said pictures 1-4
were taken September 3 and show the dumpster slightly sticking out in the street; picture 9 was
taken September 6; picture 10 was taken September 14; picture 11 was taken September 25;
picture 12 was taken September 26; picture 13 was taken September 27; picture 14 was taken
September 28; picture 15 was taken September 30. She said she took so many pictures because
she drives down B Avenue to 11th Street to go to work everyday so she had been taking pictures
Herrera said her claim was turned in on the 29th at Noon and the dumpster was finally
of the street on about October 1 or 2, as shown in picture 16, but until then the dumpster was
always at the curb or sticking out into 13th Street. She said by October 26th the dumpster was
moved all the way over to the curb by the church as shown in pictures 17 and 18. Herrera said
she had statements in the packet from three people saying they had seen the dumpster on many
occasions sticking out in the roadway. She said she did not hit the dumpster, but hit the little bar
that sticks out from the side. Herrera said there is a light at the corner that lights up the dumpster
if you are looking at it from B Avenue but if you are going down 13th from A Avenue toward the
dumpster, the light does not illuminate the dumpster. She said she hit the dumpster because it
was not well lit from the direction she was coming from and the dumpster has always sat where it
stuck out in the roadway as shown in all the pictures and that was the reason she thought the City
should pay for damages to her truck; the damages are shown in pictures 5, 6, 7 and 8 in the
Purcell said when he first read it he thought the dumpster rolled and hit Ms. Herrera's
Herrera said no, the dumpster did not move, it was always sitting sticking out in the road. Purcell
asked if the dumpster was stationery and Herrera hit it because she did not see it. Herrera said
yes, she was judging her distance in the street by the line in the middle of the street and was
moving over a little bit because she was getting ready to make the turn onto B because she lives
the next block down. Purcell asked what would have happened if a car would have been there or
some other object, would she have missed that. Herrera said yes, but that little bar that sticks out
is hard to see at night time.
Baxter asked why the church did not have their own dumpster rather than having a City
dumpster. Wilson said it is a City dumpster. Devine said businesses can receive service from the
City or from Kan Haul and either will provide dumpsters.
Hanna said Herrera made a comment that she knew the dumpster was there all the time.
said yes. Hanna said if she knew it was there all the time, then why did she hit it and did she just
forget. Herrera said no but it was obviously sticking out a little more that night than usual, and
you can see the front fender was not hit at all.
Bass asked why the dumpster was out in the road to begin with, did the wind blow it
Herrera said no, it is always set there by whoever empties it because ever since she hit it and
every day that she drives by there, it is always about in that same place. Mayor Powell asked if
the City services this dumpster and Wilson said yes, every Tuesday and Friday.
Shanklin asked what model pickup it is. Herrera said it is a 1999 Dodge Ram. Shanklin
Herrera's insurance had paid for it so far. Herrera said no, her deductible is $500 and she felt like
the City was responsible for it because the dumpster sticks so far out in the road. Herrera said if
the Council feels the City is not liable then she would turn it over to her insurance but she has not
Wilson distributed photographs taken by the City on October 8 showing the dumpster not
out in the street. He said reasons for recommending denial are that on the morning of June 10 at 5
a.m. Ms. Herrera did not call the police to do a police report so there is no independent
confirmation that this actually happened; there was never a report made to the Solid Waste
Collection Division of the damage to the dumpster or her vehicle until the tort claim was filed.
He said he spoke with the trustee, secretary and maintenance man at the First Presbyterian
Church, as well as a maintenance man at the apartment complex across the street and showed
them Herrera's photos, as well as the photos taken by the City on October 8 and asked which
looked more realistic as to where the dumpster was most of the time, and all of them told him,
especially the church maintenance man, that the dumpster, as far as he could remember, was
always where the City photos showed it to be and it was never out in the street. Wilson said he
was not saying it did not happen to be out in the street on the morning of June 10, which was a
Sunday morning so the last time the City would have emptied it would have been the Friday
before that. Wilson said Ms. Herrera must show that the City is responsible for putting that
dumpster in the street, and based on her comments and her tort claim, he did not feel she had
adequately met her burden of proving that the dumpster was placed out in the street the way she
alleged by the City; it could have been moved by somebody else, some third party that we just do
not know about. Wilson said the little handle sticks out only about six inches so Herrera would
have had to be too close to it anyway for that to happen, so there was contributory negligence on
her part that would limit or negate the City's responsibility. He said he did not feel Herrera had
met the burden of proving the City was the one that caused the dumpster to be in the street on
this particular day and that was why he recommended denial.
Bass said with all of these pictures of this dumpster being out in the road, is the
thought that Ms.
Herrera pushed the dumpster into the road every time and took pictures of it. Wilson said he was
not saying that at all because he did not know; he talked with the church maintenance man who
said he is out there when the City empties the dumpster and it is put back; somebody else could
have moved it, he did not know what happened but it is not the City's burden to prove the case.
MOVED by Devine, SECOND by Bass, to approve paying the $500 deductible and authorize the
Mayor and City Clerk to sign the appropriate resolution. AYE: Baxter, Bass, Devine, Shanklin,
Moeller. NAY: Hanna, Purcell. MOTION CARRIED.
(Title only) Resolution No. 01-168
A resolution authorizing and directing the City Attorney to assist Mary Herrera in filing
friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton;
and authorizing the City Attorney to confess judgment therein in the amount of Five Hundred
Dollars and no/100s ($500.00).
2. Consider the following damage claim recommended for approval
and consider passage of
any resolution authorizing the City Attorney to file a friendly suit for claims which are over
$400.00: Cara M. Danforth and Nestor and Carolyn Enriquez. Exhibits: Legal
Opinion/Recommendation; Resolution No. 01-169 and 01-170.
(Title only) Resolution No. 01-169
A resolution authorizing and directing the City Attorney to assist Cara M. Danforth
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 amount of Two Thousand
Ninety-Four Dollars and 43/100s ($2,094.43).
(Title only) Resolution No. 01-170
A resolution authorizing and directing the City Attorney to assist Nestor and Carolyn
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 amount of Two
Thousand Three Hundred Seventy-Six Dollars and 45/100s ($2,376.45).
3. Consider accepting an easement from The Goodyear Tire &
Rubber Company for the
installation of a 12" waterline in the Northwest Quarter of Section 6, Township One North,
Range Twelve West, that will serve Cotton County Rural Water District #2. Exhibits: None.
ITEM WAS STRICKEN AS SHOWN ABOVE.
4. Consider accepting an easement from Joanne Gasser and Dorothy
Gasser for the installation
of a 12" waterline in the Northeast Quarter of Section 1, Township One North, Range Thirteen
West, that will serve Cotton County Rural Water District #2. Exhibits: None. ITEM WAS
STRICKEN AS SHOWN ABOVE.
5. Consider authorizing the payment of $8,066 to FIFTY-FOUR HUNDRED
LANA, L.L.C., an
Oklahoma Limited Liability Company, in exchange for an easement for a 24" waterline located
in Lot 2, Block 2, Boyles Landing Section 2. Exhibits: Letter.
Vincent said the name of the payee should be changed to Cooper Medical Buildings, Inc.
recommended approval of the item in that manner.
MOVED by Devine, SECOND by Baxter, to approve Item 5 as recommended by the City
Attorney. AYE: Bass, Hanna, Devine, Purcell, Moeller, Baxter. NAY: None. OUT: Shanklin.
6. Consider authorizing the Mayor to send a letter to the Comanche
requesting that they "close" a portion of the statutory right of way in the vicinity of Fire
#5. Exhibits: None. Action: Approval.
7. Consider approving a resolution authorizing and calling for
an election in the City of
Lawton, State of Oklahoma, for the purpose of setting the dates for the 2002 primary and general
municipal elections of the designated City Council seats; and calling for said election. Exhibits:
Resolution No. 01-171.
Purcell said there is an error in Section 5 of the resolution showing filing closes
2002, at 5 a.m. and it should say 5 p.m. Vincent said the error would be corrected.
MOVED by Purcell, SECOND by Hanna, to approve the resolution as corrected. AYE: Hanna,
Devine, Purcell, Moeller, Baxter, Bass. NAY: None. OUT: Shanklin. MOTION CARRIED.
(Title only) Resolution No. 01-171
A resolution of the Council of the City of Lawton, Oklahoma, setting the dates and calling
municipal election to be held during the year 2002 as provided in the City Charter; specifying the
officer to be elected; providing for qualifications of candidates; designating which elective
offices shall be filled by voting by ward; providing for nonpartisan election; providing for
residency requirements; providing that Precinct 42 not be opened; directing that a copy of this
resolution be forwarded to the Secretary of the Comanche County Election Board as required by
8. Consider approving an agreement with the Lawton Outreach Center,
Inc. for funds
designated for use by the Police Department for equipment purchases and overtime hours for use
in designated Weed & Seed areas; and authorize the Mayor and City Clerk to execute the
agreement. Exhibits: None. Action: Approval.
9. Consider approving revisions to Council Policy 2-3, Processing
Damage Claims submitted
against the City of Lawton. Exhibits: Proposed Council Policy 2-3. Action: Approval.
10. Consider adopting a resolution requesting that the Oklahoma
Department of Transportation
take appropriate measures to prohibit and discourage making right turns at the intersection of Lee
Boulevard (State HY-7) and SE 45th Street from both the east and west bound road shoulders.
Exhibits: Resolution No. 01-172.
Purcell said he received letters from citizens about a problem with turning lanes at
the corner of
45th and Lee Boulevard; drivers are making right turns from the roadway shoulders but others
are staying in the proper lane and making those same right turns. He said the request was to make
right turn lanes out of the shoulders; the City sent a letter to ODOT and he talked to Bob Rose
who asked for this resolution and the language in the resolution is "take measures to prohibit
discourage making right turns" and ODOT is planning to install buttons so drivers cannot make
right turns. Purcell said the entire intersection needs to be redone and all of the utilities moved
but that is absolutely cost prohibitive. He said the shoulders cannot be used for right turns
because they will not support the weight of vehicles and there is not enough room for trucks, so
this is an attempt to improve the situation.
MOVED by Purcell, SECOND by Hanna, to adopt the resolution and get it to Bob Rose as soon
as possible. AYE: Devine, Purcell, Shanklin, Moeller, Baxter, Bass, Hanna. NAY: None.
(Title only) Resolution No. 01-172
A resolution requesting the Oklahoma Department of Transportation to take appropriate
measures to prohibit and discourage making right turns at the intersection of Lee Boulevard
(State HY-7) and SE 45th Street from both the east and west bound road shoulders.
11. Consider the proposal from the Museum of the Great Plains
and the McMahon Foundation
to place a sculpture on the property between the Museum of the Great Plains and the McMahon
Auditorium as a non-profit trust. Exhibits: Map; Letter. Action: Approval.
12. Consider acknowledging completion of the Oklahoma Department
(ODOT) project for the reconstruction of NW 82nd Street (Lee to US 62, Rogers Lane V) as
constructed by Bruton Construction Co., Inc. Exhibits: None. Action: Approval.
13. Consider a lease agreement between City of Lawton and Voice
Stream PCS I, LCC for
Antenna Space. Exhibits: None. Action: Approval.
14. Consider accepting the left turn bay located west of SW 52nd
Street on Lee Boulevard and
a maintenance bond. Exhibits: Map. Action: Approval.
15. Consider setting a date of January 22, 2002, to hold a public
hearing and consider an
ordinance closing an easement along the south side of Erwin Acres Shopping Center. Exhibits:
Application; Site Plan; Map; Council Policy 5.1. Action: Approval.
16. Consider approving the following contract extensions: A)
Wrecker Service with Alford's
Truck and Wrecker; B) Aluminum Sulfate-Ground with General Chemical Corporation; C)
Bunker Clothes with Total Fire Group; D) Welding Gases with Airgas Mid South; E) Dewatering
Polymer with Polydyne, Inc. Exhibits: None. Action: Approval.
17. Consider awarding contract for Police Footwear. Exhibits:
Action: Award to Ausley's Law Enforcement Acc.
18. Consider awarding contract for Flush Truck Hose & Accessories.
Recommendation; Abstract. Action: Award to ICM of Oklahoma City.
19. Consider approval of appointments to boards and commissions.
Redistricting Commission: Richard Zarle, Ward 6, Term: 12/11/01 to 7/1/06
Project Impact Steering Committee: Mike Austin, Rep: Lawton Chamber of Commerce and
Industry; Term: 12/11/01 to 10/9/03
20. Consider approval of payroll for the period of November 26
through December 9, 2001.
21. Consider approval of Minutes of Lawton City Council Meeting
of November 20 and 27,
22. Consider the following damage claim recommended for denial:
Holy Cross Lutheran
Church. Exhibits: Claims Memorandum/Recommendation; Supplemental Claims
Vincent said the claim was tabled on October 23 at the request of Councilman Bass for
investigation, which was done by Mr. Wilson who has personally been on the site and visited
with the pastor, who is present.
Wilson said the claim involves a grass fire on July 24, 2001, near the church; a fire
positioned itself inside the church parking lot to provide protection in case the fire threatened the
church. The fire did not pose a serious structural threat according to the firefighter who was
driving the engine and at one point he turned around to go to another location and when he left
the church, he drove over part of the parking lot that had been patched on May 24, 2001 and the
fire engine's weight rutted part of the parking lot. The church filed a claim in the amount of
$2,500 for the cost to repair the damaged parking lot. Wilson recommended denial of the claim
due to the exemption from liability in the Oklahoma Tort Claims Act which provides that
municipalities are not responsible for injury that results from the method of providing fire
protection; he said a judge would likely dismiss this based on that exemption.
Wilson said negligence is the failure to exercise ordinary care to avoid injury to another
property, and ordinary care is what a reasonable, careful person would do under the same or
similar circumstances. He said the parking lot was resurfaced two months before this incident,
cones were taken down a week after the resurfacing, and the firefighter pulled up assuming the
parking lot was fine, monitored the fire, left, there were no cones present at that time, and from
what the firefighter told Wilson, no one advised him to stay off of that particular part of the
asphalt. He said a reasonable person assumes a parking lot will be able to accommodate their
vehicle or that it will be fit for vehicular use. Wilson said even though we caused the ruts he did
not believe there was a situation where there was negligence and that was the reason he was
recommending denial. He offered to provide photographs.
Arvie Fields, Chairman of Trustees of Holy Cross Lutheran Church, said the parking lot
was 30-35 years old and had several areas of broken pieces of asphalt so a contractor was hired to saw
out the broken areas and remove that asphalt, then resurface it. The parking lot was not
redesigned, they just put in crushed limestone and brought the base back up to where it was, they
did not dig out anything, but the asphalt that came out left potholes and it was redone. Fields said
the area the fire truck damaged is the furthest area from the church and probably has less base
than the area of the driveway and the parking lot near the church; this parking lot had served
them well for 30-35 years and they did that work approximately two months prior to this
incident. He said the weight of a fire truck is likely much more than that of a car; the fire truck
went to the back of the lot where the ruts are. Fields said as far as they knew, no hoses were laid,
it was just an observation of the fire which was coming from south to north toward the parking
lot. He said in summary he would say to do what is right but not to the limit of the law; it served
them well for 30 years and should serve for more than two months.
Rev. Don Howard, Pastor of Holy Cross Lutheran Church, said he was at the scene of the
and his major concern was to make sure the fire did not threaten any structures, their building
included. He said he did not see the ruts in the parking lot until after the fire truck left. Rev.
Howard said he felt everyone agreed the fire truck did make the ruts in the parking lot and that is
not even a question. He said he told members of the congregation that they would talk with the
City and he was sure some assistance would be given in putting that right, so he was quite
disappointed when he found the claim had been denied.
Rev. Howard said the fire truck did not dispense any water at all, and while the fire
there, there was a fire inside their fence that was working its way toward the church building so
he went to the fire truck and told the fellow but he made no effort to do anything about it; a Fort
Sill soldier jumped over the fence and put the fire out with a shovel. He said the fireman did
nothing, but that is not exactly true, he did put ruts in the parking lot and as a result, they are
with an expense. Rev. Howard said he hoped the Council would do what was right for the
citizens of the City, as well as for the citizens of the Holy Cross Lutheran Church.
Baxter asked if the parking lot repair was done by a local contractor. Mr. Fields said
contractor was from Duncan.
Bass said this is a huge parking lot and the fire truck turned to get out but could
around the repaired spot and missed it since it was only resurfaced in certain areas which were
obvious. He said he felt the fire truck was responsible for the incident.
Shanklin said he did not know if the apparatus driver really understood what the pastor
trying to tell him; they were there to fight fire and we have good firefighters and he did not see
them shirking their duty at all. He said if we did the damage, we need to pay for it. Shanklin said
they likely would not have backed the fire truck up due to its size and we send them out to
protect our citizens and if they destroy something, we have to pay.
Purcell said the driver would not know that he should not drive over it and the rest
of the parking
lot did not get the ruts. He asked if the church had approached the contractor about their work
failing only in that one place. Fields said when you make a sharp turn on a fresh base, you put
more force on it and he thought the driver had been told to reposition the truck.
MOVED by Bass, SECOND by Devine, to pay the claim and authorize the Mayor and City Clerk
to execute the resolution. AYE: Purcell, Shanklin, Moeller, Baxter, Bass, Hanna, Devine. NAY:
None. MOTION CARRIED.
(Title only) Resolution No. 01-173
A resolution authorizing and directing the City Attorney to assist Holy Cross Lutheran
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 amount of Two
Thousand Five Hundred Dollars and no/100s ($2,500.00).
23. Discuss status of 1225 S Sheridan Road to determine if Council
will allow the issuance of a
remodel permit. Exhibits: Reports.
Dan Tucker, Building Development Director, said a request was received from the property
owner, Mr. Patel, to rebuild the structure which Council previously condemned; it is the old
Sheridan Inn Motel that was damaged in a wind storm. He said he and Ms. Alltizer were directed
to work with Patel to see if a solution could be found. Tucker said Patel received the settlement
from the insurance company and applied for a permit to remodel showing an estimated cost of
$260,000. The property is taxed at $392,000; the fair market value prior to the damage according
to the Assessor's Office was $469,874, therefore the remodel cost exceeds 50% cost of the value
specified in the code as being an unreasonable cost to repair. Patel had submitted a list stating he
wanted to fix the roof, replace sheet rock and electric, but because it is a motel, State law
requires the owner hire an architect to develop a rebuild plan that would include all safety
features, alarms, handicapped accessibility and so forth.
Shanklin said the agenda item shows that staff is recommending issuance of the remodel
He asked if the owner understands what will be required of him and said Mr. Cruz signed a letter
and asked if that was his expertise. Tucker said Mr. Cruz wrote the letter outlining the areas that
Building Development and Neighborhood Services had seen damaged. Shanklin said he was
trying to find out if this gentleman knew what he was looking at. Tucker said he did not know
that, and the times he spoke with the owner, he would tell him to call the insurance adjuster and
he did so and the adjuster said they had paid the claim. Shanklin asked if the recommendation
was to allow a 90-day building permit with review every 30 days. Tucker said he did not know
that an architect could design it within 90 days. Shanklin said the owner needs to know the work
may cost him $300,000 to $400,000. Tucker agreed.
Devine said he thought the permit should be issued and offered to speak with the owner
explain it because he owns another motel in town. Tucker said he would not be able to issue a
permit until the owner presents architectural drawings. Devine asked if the item should be tabled
or what staff recommended. Tucker recommended that we inform Mr. Patel that he has to have
an architect, let him evaluate the situation and advise whether he wishes to proceed with the
permit. Mayor Powell asked if the item was just to have the discussion that took place. Tucker
said yes, because he did not know that Mr. Patel can get this done in 90 days and that an agenda
item can be returned at the first meeting in January after Mr. Patel decides which direction he
would like to go.
24. Consider adopting a resolution recognizing the Street Division
for outstanding work in
clearing roadways during the recent snow storm. Exhibits: Resolution No. 01-174.
Purcell said Council members likely got calls about the Street Division's good work
and he was
impressed that they got the streets cleared without blocking driveways with snow. He said they
received a certificate tonight but felt they should be recognized formally by the Council.
Purcell read the resolution as follows: A resolution of the City of Lawton City Council
recognizing the outstanding work of the Street Division in clearing roadways during the recent
snow storm. Whereas, the City of Lawton experienced heavy snowfall during the last week of
November 2001, and whereas the Street Division performed in an outstanding manner in clearing
the roadways and making them as safe as possible for the traveling public, and whereas the
employees of the Street Division worked long hours in very cold and dangerous weather to make
the roadways as clear as possible for the citizens of the Lawton-Fort Sill community, and
whereas it is appropriate to formally recognize the efforts of the employees of this division with a
resolution to be entered into the City's official records, Now therefore be it resolved that the City
of Lawton City Council hereby recognizes and commends the Street Division for performing in
an outstanding manner to make the roadways of the community more safe for travel
during the November snow storm.
MOVED by Purcell, SECOND by Moeller, to approve Resolution No. 01-174. AYE: Shanklin,
Moeller, Baxter, Hanna, Devine, Purcell. NAY: None. OUT: Bass. MOTION CARRIED.
(Title only) Resolution No. 01-174
A resolution of the Lawton City Council recognizing the outstanding work of the Street
in clearing roadways during the recent snow storm.
25. Consider approving Change Order No. 1 for the Medicine Park
Water Treatment Plant
Expansion Project with Van Horn Construction, Inc. Exhibits: Summary. (Amount of change
order is deduction of $1,760,063)
MOVED by Hanna, SECOND by Baxter, to approve Item 25. AYE: Moeller, Baxter, Hanna,
Devine, Purcell, Shanklin. NAY: None. OUT: Bass. MOTION CARRIED.
26. Consider awarding a construction contract to Chickasha Roofing
Co., Inc. for the
McMahon Auditorium Re-Roofing Project #2001-9 and authorizing additional funding for this
project. Exhibits: Bid Tab.
Jerry Ihler, Public Works Director, said four bids were received with the low bid being
Chickasha Roofing in the amount of $83,900. References of the company were checked by staff
and by McMahon Foundation and were positive; he recommended award to Chickasha Roofing
in the amount of $83,900.
MOVED by Shanklin, to award to Chickasha Roofing in the amount of $83,900.
Purcell said this bid is $22,000 below the architect's estimate, and way below all the
He asked if we are satisfied that the company can do it for this amount of money. Ihler said we
realize it is a low bid and there could be some concern but that was the bid that was received and
from the references that were checked, they are a company that does what they say they will do.
Purcell said we have it for 90 calendar days and assumed there was provision for bad weather
days and for normal liquidated damages. Ihler said correct, if they do not meet the time frame,
they will be charged liquidated damages.
Shanklin asked if the company told anyone they had left something out of the bid. Ihler
Shanklin said the company is apparently satisfied with their bid and has put up a bond.
Purcell said he had heard some comments, had done some checking on his own and was satisfied
with what he found, without getting into the names and the problems, and as long as they are
satisfied, he did not want to bring up any more comment.
Moeller said the total cost is shown as $92,000. Ihler said it includes a 5% contingency
$4,000 for decking; part of the bid was to replace damaged or rotten decking that was
encountered; Chickasha's bid includes a unit price of $3.25 per square foot of decking that they
have to replace so we do have that contingency and funds are requested for that purpose. Ihler
said if the City's inspector agrees the decking needs to be replaced, the contractor will be
required to do that at the cost shown in the bid, and that is the reason for the additional funds.
Shanklin said the City has had projects recently where local firms did not bid because
they are so
busy and far behind, and when you have a lot of work, the prices come in higher than at other
MOVED by Devine, SECOND by Hanna, to award the bid to Chickasha Roofing. AYE: Baxter,
Bass, Hanna, Devine, Purcell, Shanklin, Moeller. NAY: None. MOTION CARRIED.
27. Consider accepting a grant from the McMahon Foundation for
installation of water
fountains at McMahon Auditorium and authorize the Mayor to request a grant for painting of
McMahon Auditorium. Exhibits: Letter.
MOVED by Shanklin, SECOND by Baxter, to approve Item 27. AYE: Baxter, Bass, Hanna,
Devine, Purcell, Shanklin, Moeller. NAY: None. MOTION CARRIED.
28. Consider recommended changes to the employee health plan
and authorize changes to the
plan. Exhibits: None.
Hanna asked if proposals had been requested from insurance companies. Jeff Welch, Acting
Human Resources Director, said informal quotes were received from Blue Cross/Blue Shield and
from Unicare; formal RFP's are to be returned January 8. Shanklin said he thought we were going
to contact some companies who were previously denied the ability to make a proposal. Mayor
Powell said anyone can submit a proposal and asked how it was advertised. Welch said RFP's
were mailed to Towe, Hester and Erwin, to the current health plan third-party administrator who
is also an insurance agent, and to a company called Conseco; it is advertised in the local
newspaper and anyone can submit a proposal.
Baxter said he did not understand sending an RFP to one local insurance agency instead
of all of
them or why this was being discussed if there will not be a response until January 8. Welch said
at this moment there is $1,800 in the health fund, and that is after the City put $220,000 in it
yesterday. Baxter said he told them eight months ago that it was going bankrupt and no one
listened to him.
Purcell asked for a summary of the proposed changes and how it will cost the employees
Welch said the current family coverage costs $92.06 per pay period for 24 pay periods per year;
the proposal is to deduct that amount from the two pay periods where deductions are not
currently made, for a total of 26 pay periods. Purcell asked if that was an extra $184 per year for
family coverage. Welch said yes, it comes out to 8.33% increase; the City's contribution will also
go up 8.33%, as well as the retirees.
Welch said the current prescription plan is an $8 co-pay for generic drugs by the employee,
$20 for name brand drugs; a three-month supply of maintenance drugs can obtained for 1.5 times
the cost of one month's supply. The proposed revision is for a $10 co-pay for generic drugs or
15%, $20 or 25% for brand name drugs, and if a brand name is selected when generic is
available, it will be $30 or 35%.
Shanklin asked the City Manager to simplify it and tell them what the employees want.
said this is the third time this has come before Council and it is at a critical stage, the plan is
but broke and we are self-funded and must have funds to pay claims. Baker said $220,000 was
advanced through an accounting exercise; the City budgets $2.5 million for group health
insurance and pays $200,000 per month, but funds had to be advanced to pay claims this month,
so for all practical purposes, we are broke. Baker said we must either decrease the benefits or
raise the premiums or a combination of both. This has gone to the Employee Health Committee
two or three times, and the EAC has also been involved. Baker said the recommendation was
made by those groups and it is a combination of reducing benefits and increasing premiums. He
said something must be done to get money into this fund, regardless of what happens in January
when bids are opened; if we can buy private insurance for less than being self-funded, that will
be the answer, but action is needed. Baker said he did not like cutting benefits or increasing
premiums and it affected his family also, but since it is self-funded, something must be done. He
said information was sent to each employee to give them an opportunity to provide input, and
that was a Council concern last time that employees did not know what was going on and did not
have an opportunity to provide feedback. Baker said we took great care to make sure employees
had that opportunity this time, and this is the best we can come up with at this point.
Shanklin said Council received a letter from Mr. Whitehead suggesting it be taken out
instead of twice a year and asked if that made sense to the employees. Purcell explained it was
for the two additional pay periods and Whitehead preferred it be done during each payroll.
MOVED by Shanklin, SECOND by Purcell, to accept the recommendation by staff.
Purcell asked if the EAC also approved this. Welch said the meeting of the Health Plan
Committee was attended by almost 100% of the EAC members and they were given an
opportunity to provide input at that meeting. Bass asked Mr. Thomas to speak.
John Thomas, EAC Chairman, said the Health Committee and EAC discussed it, and last
the majority of employees were not notified of the proposal and he personally was dissatisfied
with the previous proposal. He said the majority of employees he had spoken with were
agreeable to this proposal, however, no one is satisfied to pay more money but the health plan
needs money. Thomas said this is a good plan for now but every two or three months something
else has to be done, but in the long run, it should save money to be self-funded. He said you will
not satisfy everyone but the majority of the general employees, as well as fire and police, are
satisfied with this proposal. Denise Flusche, EAC member representing professional employees,
indicated her agreement with this proposal.
Moeller said it appears this waited until we were in very dire straights before something
done. She said problems should be addressed as soon as they are found, and not wait a year. She
suggested a quarterly report be done to show how this is working. Baker said this may not be the
permanent fix for the rest of the year; we will have to look at the claims experience and see what
impact these changes have on the plan, but it may have to come back.
VOTE ON MOTION: AYE: Bass, Hanna, Devine, Purcell, Shanklin, Moeller, Baxter.
None. MOTION CARRIED.
29. Consider approving a resolution authorizing a revision in
the City of Lawton Medical
Reimbursement plan to increase the maximum reimbursement in any plan year from $3,000 to
$5,000. Exhibits: Resolution No. 01-175.
Welch said last year 26 employees requested the maximum of $3,000 be set aside to pay
expenses, and this is non-tax money for them. There is no cap required by IRS and he talked with
an attorney from a firm the City has under contract and he said only the resolution was needed to
make this change.
MOVED by Shanklin, SECOND by Baxter, to approve the resolution. AYE: Hanna, Devine,
Purcell, Shanklin, Moeller, Baxter, Bass. NAY: None. MOTION CARRIED.
(Title only) Resolution No. 01-175
A resolution authorizing a revision in the City of Lawton Medical Reimbursement Plan
increase the maximum reimbursement in any plan year.
30. Consider adopting an ordinance pertaining to the Parks and
amending Section 2-367, Lawton City Code, 1995, by changing the appointment procedure for
the members of the Commission. Exhibits: Letter; Ordinance No. 01-35; Proposed Schedule;
Kim Shahan, Acting Parks & Recreation Director, said the objective is to establish
reappointment structure for the Commission to help in meeting quorum requirements.
MOVED by Shanklin, SECOND by Baxter, to adopt Ordinance No. 01-35, waive reading of the
ordinance, read the title only.
(Title read in agenda item title) Ordinance No. 01-35
An ordinance pertaining to the Parks and Recreation Commission amending Section
Lawton City Code, 1995, by changing the appointment procedures for the members of the
VOTE ON MOTION: AYE: Devine, Purcell, Shanklin, Moeller, Baxter, Bass, Hanna. NAY:
None. MOTION CARRIED.
Parks & Recreation Commission membership expirations will be recorded as follows:
Barrett, Jackie, Ward 1, January 2003
McLinden, James, Ward 2, January 2002
Watts, Ronald C., Ward 3, January 2003
Bell, Thomas A, Ward 4, January 2002
Strickland, Rick, Ward 5, January 2003
Strawn, Mike, Ward 6, January 2004
Allen, Delbert R., Ward 7, January 2003
Springborn, Neil, Ward 8, January 2002
Thorne, Jerry, Mayor, January 2003
Watkins, Gary, Mayor, January 2003
One vacant slot for Mayor's appointee to expire January 2002
1. Consider adopting a resolution in support of Fort Sill's effort
to locate the Basic Officers
Leadership Course at Fort Sill. Exhibits: None.
Mayor Powell said he attended a meeting Saturday and learned of this, and apologized
resolution not being provided to Council due to the short time line. He said this might mean more
troops at Fort Sill through a basic officers leadership course, and it was his understanding that
the decision maker will be General Abrams at TRADOC, and time is of the essence. Mayor
Powell asked the resolution be approved, as well as a letter.
MOVED by Shanklin, SECOND by Hanna, to approve the resolution.
LTC Puckett said the army is restructuring the education system for lieutenants, and
if this is not
located here, Fort Sill will loose about half of the lieutenants that are here, which would be a
smaller loss but if this is approved, it would be a larger gain. Puckett said it will be a transient
population of 5,000 to 6,000 lieutenants who would be here for about two months at a time, but
the City's willingness and ability to support the population is a big factor in Fort Sill; it does not
hurt to have this if we were considered for closure.
VOTE ON MOTION: AYE: Purcell, Shanklin, Moeller, Baxter, Bass, Hanna, Devine. NAY:
None. MOTION CARRIED.
(Title) Resolution No. 01-176
A resolution naming Lawton-Fort Sill as the perfect site for the Basic Officers Leadership
Course; endorsing the recommendation and selection of Lawton-Fort Sill as the site for this
important U.S. Army Training Mission.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
Shanklin said the drainage crews are making progress and hopefully the DOC crews can
work after the first of the year, although we may have to take another route to get it done.
Baxter said there was a recent change in the turn lane situation at the intersection
at 52nd and
Cache Road, and most people have not observed the change and several wrecks have occurred.
He requested an officer observe that corner for a week to maybe write warning notices to get
people to understand that they cannot turn right from the left hand lane, and it is confusing but a
bus was almost involved in a wreck there today so the general public needs to be informed of the
change. Devine agreed and suggested the lanes and arrows be freshly painted in a way the drivers
could see clearly.
Hanna said they had a very enjoyable trip to Atlanta and learned a lot.
Devine said he had given everyone a hand out that was not from the convention; we are
talking about water and this company sent these packets; the company is doing work at Fort Sill
right now and the packet contains very good information.
Mayor Powell said he felt a workshop was needed on a couple of items, one being what
goals are for this City and the budget is just around the corner. He suggested a one-hour meeting
be held on Monday, December 17 at 8:30 a.m. to consider the goals and the other item is that a
representative of McMahon Foundation came to him and they are willing to put the road in
Elmer Thomas Park as shown in the recent plan but there are a few things that need to be talked
about first. Purcell asked if the meeting could begin at 8 a.m. and that was agreeable.
Devine said he will not support any kind of utility rate increase.
31. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider
convening in executive
session to discuss the pending lawsuit titled
City of Lawton v. International Union of Police
Associations (IUPA), Local 24 & Diane Jones; in the District Court of Comanche County,
No. CJ-2001-1080 and take necessary action, if necessary, in open session. Exhibits: None.
32. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider
convening in executive
session to discuss the possible settlement of a pending lawsuit of Lee Carter and Teresa Carter
vs. David M. Dixon and City of Lawton, Case No. CJ-2000-1042, and in open session, appoint a
City Council representative to attend the Settlement Conference scheduled for January 3, 2002.
33. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider
convening in executive
session to discuss the possible settlement of a pending lawsuit of Mike Cornish, Case No. CJ-1993-253
and CS-97-138 District Court of Comanche County, and if necessary, take appropriate
action in open session. Exhibits: None.
MOVED by Baxter, SECOND by Bass, to convene in executive session as shown on the agenda
and recommended by the legal staff. AYE: Shanklin, Moeller, Baxter, Bass, Hanna, Devine,
Purcell. NAY: None. MOTION CARRIED.
The Mayor and Council convened in executive session at approximately 8:40 p.m. and
reconvened in regular, open session at approximately 8:55 p.m. with roll call reflecting all
members present except Haywood.
Vincent reported on Item 31 that executive session was held pursuant to Section 307B4,
Oklahoma Statutes, to discuss the pending lawsuit titled
City of Lawton v. International Union of
Police Associations (IUPA), Local 24 & Diane Jones. He recommended a motion to authorize
the City Attorney to appeal the District Court's denial of the City's application for temporary
injunction and request a stay of the arbitration pending a ruling on appeal.
MOVED by Hanna, SECOND by Baxter, to authorize the City Attorney to appeal the District
Court's denial of the City's application for temporary injunction and request a stay of the
arbitration pending a ruling on appeal. AYE: Baxter, Bass, Hanna, Devine, Purcell, Shanklin,
Moeller. NAY: None. MOTION CARRIED.
Vincent reported on Item 32 that executive session was held pursuant to Section 307B4,
Oklahoma Statutes, to discuss the possible settlement of a pending lawsuit of Lee Carter and
Teresa Carter vs. David M. Dixon and City of Lawton, Case No. CJ-2000-1042. He requested a
motion appointing Councilmembers Shanklin and Bass to attend the settlement conference with
the settlement authority as discussed.
MOVED by Hanna, SECOND by Baxter, to appoint Councilmembers Shanklin and Bass to
attend the settlement conference with the settlement authority as discussed. AYE: Baxter, Bass,
Hanna, Devine, Purcell, Shanklin, Moeller. NAY: None. MOTION CARRIED.
Vincent reported on Item 33 that executive session was held pursuant to Section 307B4,
Oklahoma Statutes, to discuss the pending lawsuit of Mike Cornish, Case No. CJ-1993-253 and
CS-97-138. He requested a motion authorizing the City Attorney to attempt to settle the claim in
the amount discussed and if the settlement is unsuccessful we go to trial.
MOVED by Devine, SECOND by Bass, to authorize the City Attorney to attempt to settle the
claim in the amount discussed and if the settlement is unsuccessful we go to trial. AYE: Bass,
Hanna, Devine, Purcell, Shanklin, Moeller, Baxter. NAY: None. MOTION CARRIED.
Vincent said that would conclude his report. Mayor Powell asked if there was anything
discussed in executive session and Vincent said no, there was not.
There being no further business to consider, the meeting adjourned at 8:55 p.m. upon
second and roll call vote.