Month 2001-5 May
Meeting of 2001-5-8 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
MAY 8, 2001 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor Pro Tem Robert Shanklin, Also
Baker, City Manager
Vincent, City Attorney
Smith, City Clerk
Puckett, Fort Sill Liaison
The meeting was called to order at 6:20 p.m. by Mayor Pro Tem Shanklin. Notice of meeting
agenda were posted on the City Hall notice board as required by law.
Bass, Ward One
Hanna, Ward Two
Devine, Ward Three
Purcell, Ward Four
Shanklin, Ward Five
Moeller, Ward Six
Haywood, Ward Seven
Michael Baxter, Ward Eight
ABSENT: Mayor Cecil E. Powell
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR
MEETING OF APRIL 24, 2001
MOVED by Devine, SECOND by Baxter, to approve the minutes. AYE: Moeller, Haywood,
Baxter, Bass, Hanna, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.
Raymond McAlester encouraged participation at the upcoming Arts For All Festival and
Armed Forces Day Parade. He asked that parents be sure to keep children off the street during
UNFINISHED BUSINESS ITEMS:
1. Hold a public hearing to consider the Consolidated One-Year
Action Plan for 1 July, 2001
through 30 June, 2002, receive input from citizens, provide input for the final plan, and if
appropriate pass a resolution authorizing the Mayor and City Clerk to execute the Grant
Agreements and implementing documents necessary to implement to CDBG and HOME
Programs. Exhibits: Exhibit A: List of Funding Requests; Exhibit B: CDBG Funding
Recommendations; Exhibit C: HOME Funding Recommendations; Exhibit D: Resolution 01-68;
Exhibit E: CDBG EXCEL Worksheet Requests and funding by Project Category; Exhibit
F: Minutes of City Planning Commission Hearing; Exhibit G: Applicant s Proposed Budgets.
Frank Pondrom, Director of Housing and Community Development, said information on budgets
for the public service activities was included in the packet. A neighborhood revitalization packet
was handed out and will be considered at a future meeting; it is hoped that this will strengthen
the City's position with regard to economic development activities, which include the Zoe Need
Youth With Purpose Program, Zoe Need Economic Development Adult Placement and the
Northside Chamber of Commerce, which are included for funding in the Consolidated Plan being
considered tonight. A public hearing will be held in the Lawton View area with regard to the
revitalization plan. Discussion was held with regard to public service activities and economic
development activities, and no additional funding could be allocated to public service activities
as a result of the revitalization effort.
Purcell said the biggest problem is requests in the amount of $414,000 have been received
only $176,000 was available for public service activities.
PUBLIC HEARING OPENED.
Dr. Charles Baer, Executive Director of Christian Family Counseling Center, 44 Cache
Square, Lawton, spoke in favor of the request of his organization to receive funding of $36,000
to continue to provide counseling services to low income persons. Past amounts of funding for
his organization from CDBG were shown as 97-98 $20,000; 98-99 $33,780; 99-00 $32,962; 00-01 $36,000.
He explained staffing levels, significance of the needs his organization assist with,
and outcome of their assistance. Baer provided statistics regarding counseling and read from
letters of support from clients.
In response to questions, Baer said their total budget is $430,000, they have offices
and in Duncan but the money from CDBG is used to assist only low income residents of Lawton
through low, pre-determined hourly rates. Funding is also received from the United Way and
Lisa Stein, Executive Director of Wichita Mountains Prevention Network, spoke in favor
request for funding for the teen pregnancy prevention program and explained its benefits. Kathy
Kalip distributed information and explained the workings of the program.
In response to questions, Stein said their total budget is $465,000 received through
federal and state grants but none target teen pregnancy prevention for low-income Lawton
residents. Discussion was held regarding funding for this organization being provided in the
public service category, as well as the economic development category, which was done
previously because teen trainers are employed in that capacity. Pondrom advised that it would be
appropriate for all funding to be through public service as it was closely linked to teen pregnancy
prevention and because HUD was closely monitoring the categories. $60,000 was provided last
year, $56,000 has been requested this year and $50,000 was recommended by staff. Separating
$20,000 into the economic development category for jobs was further discussed, as well as the
possibility that HUD could disqualify that category. See final action later in these minutes.
Jeff Henderson, Hospice Director, 1930 Ferris, spoke in favor of funding requests for
organization and explained the nature of the services provided for end-of-life care. He asked that
CDBG funding in the amount of $20,000 be provided to allow them to assist approximately eight
Bob Carter, Meet the Needs, 5th and G Avenue, explained his organization operates with
volunteers and has not previously received CDBG funding. The organization provides food,
school supplies, vehicles, and concentrates on the needs of individuals that are not met in other
ways. Letters of support were read and it was emphasized that the organization has no payroll
and therefore any funds received would go directly to those in need of assistance. Ms. Rice
explained how she received a reconditioned vehicle through the Meet the Needs organization and
how it met her transportation need. Ms. Payden, a counselor at Pat Henry School, explained how
Meet the Needs provides supplies, tennis shoes, and other items to low-income students in need
In response to questions, Carter stated they receive food through the Feed the Children
organization and through arrangements with a local grocery store, and the rest is through private
donations and volunteers. Carter explained they are not duplicating services since other
organizations do not provide food assistance on weekends, and do not provide groceries. Carter
said they receive no other grants and are simply a group of concerned Lawtonians helping other
O'Dell Gunter, Great Plains Improvement Foundation, said the C. Carter Crane Shelter
receive the $100,000 emergency shelter grant requested and will run out of funding in
approximately five months. He said the funding could not be provided through this program but
Lawton needs a homeless shelter and funding was needed through some mechanism.
Sylvena Carr stated she was previously a resident at the C. Carter Crane Shelter, had
assaulted with a wooden object by another female resident who was later removed from the
shelter, and that she was taken to Comanche County Memorial Hospital to receive treatment as a
result of her injuries. She explained the circumstances that led to her stay at the shelter and later
medical problems as a result of injuries, alleging shelter personnel did not offer proper assistance
to her in that regard. Carr requested the facility be investigated and safety measures taken before
any funds were granted. Haywood suggested Ms. Carr could speak with the GPIF Board, and
offered to speak with her. Carr said she had spoken with the District Attorney about her rights in
being able to file a civil suit against the shelter.
Bill Wallace, 1507 SW 7th Street, requested that repairs be made to 7th Street. He said
been a subject of concern for many years and he had spoken at previous Council meetings asking
for help. Haywood indicated that Wallace's concerns would be addressed.
A representative of Goodwill Industries requested funding be provided for building
Susan Clark, New Directions, requested funding for her organization in the amount of
be able to assist persons in becoming employed. She explained the benefits of the program to
clients and the community as a whole. New Directions receives funding from DHS, federal and
state grants, and the United Way.
Sue Stanley, 2727 NE Euclid, Richards Realty, manager for Ambassador and Diplomat
Apartments at 2301 NW Williams explained the need for water line replacement and street
repairs on 23rd and Williams. She explained efforts to revitalize this neighborhood and stated it
was qualified to receive funding to upgrade the infrastructure. A petition was presented
containing 101 signatures favoring these improvements and note was made that residents at
previous public hearings had spoke also.
Shanklin expressed concern that these locations were not shown on priority lists for
water line improvements through capital improvement programs and asked where they were on a
City-wide priority list. Baker will look into it. Hanna stated residents had appeared at ward
meetings requesting these improvements, as well as repair of sewer mains. Baxter asked if it
would be quicker to include the work in CDBG or in CIP. Lynn Struthers, Public Works, said
CDBG. Baxter said it should be done. Devine asked how much was left in the 1995 CIP and
Baker said the $100,000 contingency.
Discussion was held on repairing 7th Street; total cost was $550,000 and an alternative
was to do
repairs in one-block segments at $120,000 each.
Mary King, resident of Ambassador Apartments, described the poor condition of 23rd Street
Williams, noting she had sustained damage to her car as a result, and requested it be repaired.
Devine said the street does not have adequate drainage and there has been raw sewage in the
street as a result of backups. Shanklin said the request is not for a sewer line and he felt the water
line and street should have shown up as priorities for repair before this time if there is this much
Annette Dawkins, Executive Director of the Northside Chamber of Commerce, spoke in behalf
of the funding request for her organization to operate the Minority Business Development
Program. She gave statistics as to numbers of jobs created and retained, and persons assisted
through the program, and requested that funding continue to be provided.
Jane Cox, Executive Director of Roadback, Inc., requested funding to repair the roof
facility. She stated they have a contract with the City to accept persons who are intoxicated,
rather than placing them in jail, and that there is a need for funding to repair the roof. It was
noted that Roadback submitted requests for three projects but only the roof project was included
due to the amount of each request.
PUBLIC HEARING CLOSED.
Purcell recommended the $24,584 in CDBG Contingency be reduced by $20,000, moving that
amount under economic development to fund Youth Job Development as discussed by Lisa
Stein. He said he was working under option one, and recommended funding the following
amounts for the public service area: Meet the Needs $28,000; Counseling Assistance Project
$30,000; Teen Pregnancy Prevention, Not Y.E.T. $30,000, and the other $20,000 is down below;
Hospice $20,000; MedTrans $68,000, and those numbers come to $176,000. Haywood said
MedTrans would need more funding than that. Purcell said it would require decreasing some
other organization, and he did not want to decrease MedTrans either. Purcell said there could be
a problem if HUD determines the $20,000 is not eligible under economic development for the
Not Y.E.T. program because that organization would then be short by that amount of money, but
if that $20,000 is restored under public service, it would have to be taken from one of the other
organizations and that is the issue.
Shanklin said he saw no funding for demolition of structures. Baker said funding will
in the general budget due to excess time delays experienced in trying to use CDBG funds for that
MOVED by Purcell, SECOND by Hanna, to approve Option 1 numbers with the following
changes: MedTrans $68,000; Hospice $20,000; Teen Pregnancy Prevention, Not Y.E.T. $30,000;
Counseling Assistance Program $30,000; Meet the Needs $28,000, and that comes to $176,000;
and the other numbers are: $67,000 for Minority Business Development; $56,293 for Youth
Employment Youth With A Purpose; $20,000 for Youth Job Development; $25,233 for
economic development Adult Placement; $18,557 for New Directions equipment assistance,
comes to $187,083; under public facilities improvements, Goodwill Industries fire safety
improvements $10,695; Roadback Men's Halfway House rehab roof $12,803, that comes to a
total of $23,498; Administration, Community Development $235,291, and CDBG Contingency
$4,584 because $20,000 was taken out of that, comes to a total of $239,875; under Housing,
$315,000 for housing rehab; $45,000 for emergency home repair for $360,000; under
infrastructure, $70,000 for the water line on 22nd Street and NW Hoover Avenue; street
intersections at 23rd and NW Williams $120,000 comes to $190,000, with the total being
$1,176,456, which is what we have, and to adopt Resolution No. 01-68. AYE: Baxter, Bass,
Hanna, Devine, Purcell, Shanklin, Moeller. NAY: Haywood. MOTION CARRIED. (Note:
Haywood passed on initial roll call.)
(Title only) Resolution No. 01-68
A resolution authorizing the filing of the Consolidated One-Year Action Plan for the
year 1 July 2001 through 30 June 2002 with the U.S. Department of Housing and Urban
Development (HUD), which applies for Community Development Block Grant (CDBG) and
HOME Program Funds as provided in Title I of the Community Development Act of 1974, as
amended, and authorizing the Mayor and City Clerk to execute the Grant Agreement and
A recess was taken from 8:25 to 8:35 p.m. All members were present at roll call upon
2. Consider the following damage claim recommended for denial:
Steve and Sherrie Morris.
Exhibits: Legal Opinion/Recommendation.
Vincent said the legal staff continues to recommend denial of the claim, but should
desire to approve it, he would recommend the amount of $1,388.05 and adoption of a resolution.
Shanklin said this was debated at the last Council meeting and it was sent back to staff to come
up with negotiated figures.
MOVED by Shanklin, SECOND by Haywood, to pay the claim in the amount of $1,388.05 under
Resolution No. 01-69.
Vincent, responding to a question as to whether it was proper for Shanklin to make a
stated it was proper in that Shanklin was a councilmember, even though he was acting as mayor
at this time.
VOTE ON MOTION: AYE: Bass, Hanna, Devine, Purcell, Shanklin, Moeller, Haywood, Baxter.
NAY: None. MOTION CARRIED.
(Title only) Resolution No. 01-69
A resolution authorizing and directing the City Attorney to assist Steve and Sherrie
filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of
Lawton; and authorizing the City Attorney to confess judgment therein in the reduced amount of
One Thousand Three Hundred Eighty-Eight Dollars and 05/100 ($1,388.05).
3. Hold a public hearing and consider a resolution amending the
2020 Land Use Plan from
Commercial and Office to Residential-Single Family and Duplex and an ordinance changing the
zoning from C-4 (Tourist Commercial District) to R-1 (Single-Family Dwelling District) zoning
classification located south of SE Lee Boulevard, east of Walnut Creek Road. Exhibits:
Resolution No. 01-70; Ordinance No. 01-18; Location Map; Applications; Site Plan; CPC
Minutes; 2020 Land Use and Zoning Maps.
Bob Bigham, City Planner, said the applicant is GWC Partnership. The 8.11 acre tract
for development as Pebble Creek Addition, Part 3, and will contain 26 single-family lots. The
Planning Commission held a public hearing and recommended approval of the request. Proper
notice has been given for this hearing and staff has received no calls or letters of protest.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Purcell, SECOND by Baxter, to approve Resolution No. 01-70 and Ordinance No.
01-18, waive reading of the ordinance, read the title only.
(Title only) Resolution No. 01-70
A resolution approving an amendment to the 2020 Land Use Plan for the City of Lawton
Commercial and Office to Residential-Single Family and Duplex located south of SE Lee
Boulevard, east of Walnut Creek Road.
(Title read aloud) Ordinance No. 01-18
An ordinance changing the zoning classification from the existing classification of
Commercial District) to R-1 (Single-Family Dwelling District) zoning classification on the tract
of land which is hereinafter more particularly described in Section One (1) hereof; authorizing
changes to be made upon the Official Zoning Map in accordance with this ordinance.
VOTE ON MOTION: AYE: Hanna, Devine, Purcell, Shanklin, Moeller, Haywood, Baxter, Bass.
NAY: None. MOTION CARRIED.
4. Consider approving the use of 1995 CIP funds to construct
consolidated restroom facilities
for the Streets, Drainage and Solid Waste Collection Divisions. Exhibits: None.
Lynn Struthers, Public Works Department, said the existing restroom is in deplorable
not meet handicapped accessibility standards, is inadequate in size, and overflows two to three
times per week flooding the administrative area of the Street Division. He recommended
constructing an addition to the south side of the west portion of the building for new restroom
facilities, and block off sewage lines to existing restrooms and expand the administrative space
into that area. Struthers said three projects were recently finished in the 1995 CIP, leaving
$54,000 which is more than will be needed, and recommended using those funds for this project.
Baker said this will not impact the $100,000 contingency.
Baxter said he did not agree with this item. He said the 64th and Taylor drainage project
complete, costing $64,000 but $100,000 was allocated to it. Baxter said a drainage ditch in Ward
8 needs to be fixed and he would like the funds spent in that manner. Shanklin said he had visited
the area in question, staff is not exaggerating, and if action is not taken, a problem could develop
such as they had on Lee Boulevard so it is a health matter.
MOVED by Haywood, SECOND by Purcell, to approve the Streets, Drainage and Solid Waste
Collection Divisions restroom project and funding coming from 1995 CIP.
Baker said he would try to identify funding to address the drainage problem Baxter described.
VOTE ON MOTION: AYE: Devine, Purcell, Shanklin, Moeller, Haywood, Bass, Hanna. NAY:
Baxter. MOTION CARRIED.
5. Discuss a sign being put up at 11
th and Gore Boulevard showing funds raised to support the
Boulevard of Lights and take appropriate action. Exhibits: None.
Shanklin said he requested this item and suggested permission be given for BOL to design
and bring it back to Council. There were no objections and Shanklin asked Denham if that was
agreeable and it was.
Devine suggested volunteers be provided by the three high schools, each taking one block
decorate in a competition. He said it would take one day out of the school time and be a great
Diane Denham said it was a good suggestion and they had appealed to the high schools
volunteers and had gotten some. There are problems with inclement weather during the time
lights are to be hung, as well as fears associated with having volunteers dealing with electricity.
She suggested the high schools design a block each, participate with litter control, trimming, and
raising funds to have someone come in and professionally hang the electrical portion, especially
the high trees, due to the safety issues.
1. Hold a public hearing and adopt a resolution declaring the
structures at 1210 SW A Avenue
(front and rear structures) to be dilapidated and dangerous, thus causing a blighting influence on
the community and detrimental to the public's health and safety; authorize Neighborhood
Services to solicit bids to demolish structures, if appropriate. Exhibits: Resolution No. 01-71;
Summary document, video, reports from Fire Marshal, Housing Inspectors and case history
available in Neighborhood Services)
Angie Alltizer, Neighborhood Services Director, said this property consists of two structures
the handout shows the picture showing the main structure, with the accessory structure shown
below. The wood frame structure is in fair condition, very poor condition wood siding, asphalt
roof that is caving in, although the structure is somewhat secure at this time and has been vacant
since 1994. Repeated requests were sent to the owner requesting permission to inspect the
property and staff has been unable to do so, however, the owner has contacted Neighborhood
Services and would like for Council to pass a resolution condemning the structure to take
advantage of the 50% reduction in landfill tipping fees. Alltizer said she had a copy of an
estimate from a demolition company to the property owner to take care of the structures.
Shanklin asked if the City would pay these costs. Alltizer said no, the property owner
care of it but wants the reduced tipping fees at the landfill.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Devine, SECOND by Hanna, to approve Resolution No. 01-71. AYE: Purcell,
Shanklin, Moeller, Haywood, Baxter, Bass, Hanna, Devine. NAY: None. MOTION CARRIED.
(Title only) Resolution No. 01-71
A resolution determining a certain structure to be dilapidated and detrimental to the
benefit, and welfare of the community, and ordering that the buildings be demolished and
Location: 1210 SW A Avenue, front and rear structure, Butler Addition, Block 5, Lots
Comanche County, Lawton, Oklahoma
Owner: Chung Graham, 616 SW Washington, Lawton, OK 73501-7528; Mortgage Holder: None
CONSENT AGENDA :
6. Consider the following damage claims recommended for denial:
Craig R. Lewis; and
Michelle Robinson. Exhibits: Legal Opinions/Recommendations. Action: Denial of claims.
7. Consider the following damage claims recommended for approval
and consider passage of
resolutions authorizing the City Attorney to file friendly suits for claims which are over $400.00:
Ronald and Lizzette McLaughlin; and Mary E. Mocklin. Exhibits: Legal
Opinions/Recommendations. (Resolution No's. 01-72, 01-73 on file in City Clerk's Office).
(Title only) Resolution No. 01-72
A resolution authorizing and directing the City Attorney to assist Ronald and Lizzette
McLaughlin in filing a friendly suit in the District Court of Comanche County, Oklahoma,
against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the
reduced amount of One Thousand One Hundred Fifty-Nine Dollars and 99/100 ($1,159.99)
(Title only) Resolution No. 01-73
A resolution authorizing and directing the City Attorney to assist Mary E. Mocklin in
friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton;
and authorizing the City Attorney to confess judgment therein in the reduced amount of Five
Hundred Ninety-Eight Dollars and 03/100 ($598.03).
8. Consider authorizing the City to accept a Warranty Deed for
.394 acres in the SW/4 of
Section 35, T2N, R11W, from City National Bank and Trust Company, Trustee of the Ludwig
M. Meiling Irrevocable Trust and authorize the Mayor and City Clerk to execute the Acceptance.
Exhibits: None. THIS ITEM WAS PULLED AND WAS NOT CONSIDERED.
9. Consider authorizing the City Attorney's office to notify
the Wichita Mountain Area Senior
Citizens Center that their lease will not be extended after May 31, 2002. Exhibits: None. Action:
10. Consider approving a contract amendment with Burns &
Company, Inc. for additional architectural/engineering and inspection services for the Landfill
Maintenance Building Project #2001-3. Exhibits: Exhibits: Location Map; Amendment to
Agreement. Action: Approve a contract amendment in the amount of $10,000. THIS ITEM
WAS CONSIDERED AS SHOW BELOW.
11. Consider accepting Wisconsin Avenue & New York Avenue
Project #2000-30 as constructed by Krapff-Reynolds Construction Co. and placing the
Maintenance Bond into effect. Exhibits: Map. Action: Accept the project and place the
Maintenance Bond into effect and retain payment for grassing until a viable stand of grass is
12. Consider acknowledging receipt of permit for the construction
of a waterline from the
Oklahoma State Department of Environmental Quality to serve the proposed soccer field at
McMahon Park, City of Lawton, Comanche County, Oklahoma. Exhibits: Map. Action:
13. Consider awarding a construction contract to RCJ Construction,
Inc., for the Landfill
Grassing Project #2001-10. Exhibits: Location Map; Bid Tabulation. Action: Award a
construction contract to RCJ Construction, Inc. for the Landfill Grassing Project #2001-10 in the
amount of $39,759.00.
14. Consider entering into a contract with Mr. Kenneth R. Harmon
and Mr. and Mrs. Charley
E. Snyder for fire protection outside the Lawton City limits, and authorize the Mayor and City
Clerk to execute the contracts. Exhibits: None. Action: Approval.
15. Tree removal proposal, (Fire Stations #4/E-Z Go Sign). Exhibits:
Mr. Johnson's proposal;
Photographs of tree and sign; Artist rendering of proposed landscaping project. Action: Approval
16. Consider ratifying confirmation of a request from Arts &
Humanities Division in applying
for a Local Government Challenge grant from the Oklahoma Arts Council for the FY 2001-2002.
Exhibits: None. Action: Approval.
17. Consider approving a lease agreement between the City and
VFW Post 5263 for the use of
the main ballroom at the VFW Hall. Exhibits: None. Action: Approval of item for RSVP annual
18. Consider approving a resolution authorizing the Lawton Water
Authority to file an
application with the Oklahoma Water Resources Board (OWRB) for financial assistance to
complete Phase I of the Sanitary Sewer Rehabilitation Program. Exhibits: Resolution No. 01-74.
(Title only) Resolution No. 01-74
A resolution authorizing the Lawton Water Authority to file application with the Oklahoma
Water Resources Board for financial assistance in the form of a loan through the Financial
Assistance Program and/or through the State Revolving Fund Program for the purpose of
financing projects relating to the City of Lawton Sanitary Sewer System; and containing other
provisions related thereto.
19. Consider entering into a letter of engagement with the accounting
firm of Carlson and
Cottrell, C.P.A.'s, PC., to perform the City of Lawton's annual audit for Fiscal Years 2001, 2002,
and 2003. Exhibits: Summary of Proposals; Department Recommendation. (Proposals available
in City Clerk's office). THIS ITEM WAS CONSIDERED SEPARATELY AS SHOWN
20. Consider extending the contract for the Robinson's Landing
Store Lease. Exhibits:
Department recommendation. (Contract on file in City Clerk's Office). Action: Extend the
contract for the Robinson's Landing Store Lease to Mike Mahoney of Lawton, Oklahoma, for one
year and authorize the Mayor and City Clerk to execute the extension.
21. Consider approving the following contract extensions: A.
Moving Radar Unit with Kustom
Signals, Inc. ; B. Life Insurance with Managed Health Resources; C. Certified Workplace
Medical Plan with Genex Services, Inc.; D. Temporary Workers (Item 2b, 2c, Category II) with
Direct Staffing; E. Temporary Workers (Item 2a, Category II) with Spherion; F. Employee
Physicals/Drug Screen Testing with The Center of Occupational Health. Exhibits: None. THIS
ITEM WAS CONSIDERED SEPARATELY AS SHOWN BELOW.
22. Consider awarding contract for Custodial Services Group 1.
recommendation and Abstract of Bids. Action: Award to H & H Janitorial, Lawton, OK.
23. Consider awarding contract for striping paint. Exhibits:
Department recommendation and
Abstract of Bids. Action: Award to Sherwin-Williams Company, Lawton, OK.
24. Consider approval of payroll for the period of April 30 to
May 13, 2001. Exhibits: None.
Separate consideration was requested for Items 8, 10, 19 and 21.
MOVED by Baxter, SECOND by Moeller, to approve the Consent Agenda items as
recommended by staff with the exception of Items 8, 10, 19 and 21. AYE: Shanklin, Moeller,
Haywood, Baxter, Bass, Hanna, Devine, Purcell. NAY: None. MOTION CARRIED.
ITEM 8: Vincent asked that Item 8 not be considered at this time. No action was
taken on Item
ITEM 10: Shanklin said the revised total fee for design services for the Landfill
Building is $105,000. He asked how much the building would cost. Struthers explained the
building would contain an overhead crane system, facilities for track equipment and compactors,
and would be a sophisticated maintenance facility estimated to cost approximately $1 million.
Shanklin asked if it was necessary and Struthers said it is needed; funding is from the 2000 CIP
and was included in that program. Devine asked if the building will have to be moved when the
landfill expands. Struthers said no, it will already be located to the south. Shanklin asked if the
design was 10% and if it included inspections. Struthers said yes.
MOVED by Shanklin, SECOND by Haywood, to approve Item 10. AYE: Moeller, Haywood,
Baxter, Bass, Hanna, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.
ITEM 19: Baker recommended awarding the contract for auditing to Stanfield &
lowest responsive bidder. He said he felt they would do a good job and for the price difference,
could not recommend the other bid.
MOVED by Purcell, SECOND by Moeller, to award the contract to Stanfield & O'Dell.
Purcell said he wanted to comment and get it in the record, he understood there might
some problems last year and he recommended to the City Manager that before we do the audit
this year that someone get in touch with the partner in charge. He said every audit firm, CPA
firm, has a partner in charge of an audit and we should get him down here and have a talk with
him so we do not have any problems like we might have had last year.
Baxter said with the tight budget, why would the Finance Director recommend spending
additional funds. Baker said Livingston explained his justification in a memo but it was basically
that the other firm specializes in auditing for municipalities and they would be intimately familiar
with municipal accounting and might be able to provide assistance that Stanfield & O'Dell could
not. Baker said we did have difficulties working between our staff and Stanfield & O'Dell this
last year, he thought it was a communication problem that could be resolved. Baker said
Livingston recommended the other firm and after he discussed it with him, he did not agree and
his recommendation would be Stanfield & O'Dell; Livingston still feels his recommendation is
valid and he respected him enough to share that with Council but did not agree in this particular
case. Baxter said it seemed to be a $23,000 difference, which is almost a full year's worth of
work. Baker said that was one of the factors he took into consideration.
VOTE ON MOTION: AYE: Haywood, Baxter, Bass, Hanna, Devine, Purcell, Shanklin, Moeller.
NAY: None. MOTION CARRIED.
ITEM 21: Shanklin said he had checked into this item and was satisfied with the
MOVED by Shanklin, SECOND by Haywood, to approve Item 21. AYE: Baxter, Bass, Hanna,
Devine, Purcell, Shanklin, Moeller, Haywood. NAY: None. MOTION CARRIED.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
Baker said a report will be sent on high weeds and grass. In April, 184 were abated;
abated 176 and the City's contractor abated eight so property owners are taking responsibility.
Shanklin asked if administrative orders were issued. Baker said yes, and the owners mowed
within the ten days, but if there is a subsequent problem, the summary abatement provision
Baker said resolutions were passed on demolition of property giving owners 15 days to
demolition permits. Two or three owners have started the process for the permit but the 15 days
has expired and they need a few more things to get the permit. Baker said he would allow a few
more days to get the permits issued unless Council indicated otherwise. Shanklin said before he
can get a demolition permit, he must prove to someone he has turned off the water to the
building, and a person may dig a ten foot hole all the way around the building and still not be
able to find it so they cannot get a permit. Baker said that was an example of the difficulties the
owners were having with the utilities.
Council did not object to allowing a few more days for owners to obtain demolition permits.
Baker said the first meeting to discuss the preliminary budget will be Monday at 6 p.m.
would present an overview of the budget at that time.
Haywood said there will be a Great Plains Improvement Foundation banquet at Howard Johnson
Hotel on Friday and the Council are invited. Lloyd Benson will be the speaker.
Bass asked that the needed street repair in Ward 1 not be forgotten or delayed.
Baxter said he went to Fort Sill today with the Leadership Lawton Class to watch a firing
demonstration which was quite impressive.
Moeller said on the Pebble Creek rezoning, the maps show Red Bud Lane and it continues
shows it to be Pebble Creek Lane, which could be confusing.
LTC Puckett said every Tuesday morning they have a demonstration of about an hour and
invited Council to watch and call him if they wanted to do so. Devine asked if any of the gates at
Fort Sill were going to be closed. LTC Puckett said rumors have been going around and he did
not know but would check on it further.
Devine welcomed Randy Bass as a new councilmember.
Purcell welcomed Randy Bass as a new councilmember.
Purcell said he had been making comments since last July about the problems at Flower
and Lee, and Council got a letter from ODOT saying traffic was going within five miles per hour
of the speed limit so it would do no good to reduce it. He said the logic in the letter made no
sense at all, there is a problem on this roadway and someone else will be killed if action is not
taken. Purcell said the statistics show an average of three accidents over the last seven years, but
last year alone there were seven, and that is because of the problem with Wackenhut, which will
worsen with the addition of the VA Center.
Purcell said he thinks the citizens and business people know that two weeks from tonight
be discussing the City Manager's evaluation, and it is important that the citizens let the Mayor
and Council know if they think Bill Baker is doing a good job. He said he thought all of the
Council knew what he was talking about, there is another move under foot, third time in nine
months, he thought it was wrong to do it behind the scenes and the citizens need to know and call
their representatives and tell them what they think. Purcell said if business people and citizens
think the City Manager is doing a good job, they need to be calling the Mayor and Council to let
Hanna said Wards 1 and 2 will have their monthly meeting on May 18 at 6 p.m. at the
Hanna said residents pay $1 on the water bill for drainage maintenance and there are
ditches in Ward 2 that are not receiving the attention that the residents are paying for. Baker said
he would turn in the locations to Public Works and there is a dedicated program for that. Hanna
said they are on 19th Street and on 14th Street, and the City tried to charge one of the residents
for work previously when it was the City's responsibility to do the work.
Shanklin said at 703 Highland there has been an on-going problem with housing rehabilitation
work done through the City. There has been correspondence for the last five or six years and the
City Manager should designate someone to dig up that correspondence because he, Devine and
Haywood would like to see it, see what the problem is, and try to satisfy the resident if possible.
25. Pursuant to Section 307 B3, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss the acquisition of Ricky Webb's property which is needed for the expansion
and upgrade of the City of Lawton Water Treatment Plant in Medicine Park, Oklahoma, and if
necessary, take appropriate action in open session. Exhibits: None.
2. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider
convening in executive
session to discuss settlement of the City's claim associated with the case styled
vs. American Home Products, Case Number CJ-98-665 and CJ-98-666, District Court of
Oklahoma County, and if necessary, take appropriate action in open session. Exhibits: None.
MOVED by Moeller, SECOND by Purcell, to convene in executive session as shown on the
agenda and recommended by the legal staff. AYE: Bass, Hanna, Devine, Purcell, Shanklin,
Moeller, Haywood, Baxter. NAY: None. MOTION CARRIED.
The Mayor Pro Tem and Council convened in executive session at 9:10 p.m. and reconvened
regular, open session at 9:30 p.m. with roll call reflecting all Council members present.
Vincent reported on Item 25 that Council entered into executive session pursuant to
307B3, Title 25, Oklahoma Statutes, to consider acquisition of Ricky Webb's property in the
vicinity of the City's Water Treatment Plant at Medicine Park, Oklahoma. The City Attorney's
office recommends a motion to reject the counter offer made by Mr. Webb and withdraw the
MOVED by Devine, SECOND by Baxter, to reject the counter offer made by Mr. Webb and
withdraw the City's offer. AYE: Devine, Purcell, Shanklin, Moeller, Haywood, Baxter, Bass,
Hanna. NAY: None. MOTION CARRIED.
Vincent reported on Addendum Item Two that Council entered into executive session pursuant
Section 307B4, Title 25, Oklahoma Statutes, to consider possible settlement of the City's claim in
the case styled Delisa Nevaquaya vs. American Home Products, Case No. CJ-98-665 and CJ-98-666. He offered
to have Cherese Bagwell provide a report.
MOVED by Purcell, SECOND by Baxter, to authorize staff to enter into a settlement for the
amount of medical claims paid to date. AYE: Purcell, Shanklin, Moeller, Haywood, Baxter, Bass,
Hanna, Devine. NAY: None. MOTION CARRIED.
There being no further business to consider, the meeting adjourned at 9:30 p.m. upon
second and roll call vote.