Month 2006-12 December
Meeting of 2006-12-12 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
12, 2006 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor John Purcell, Jr. Also Present:
Mitchell, City Manager
Vincent, City Attorney
Hushbeck, City Clerk
COL Sonny Uberti, Fort Sill Liaison (Arrived @ 6:27 p.m.
Mayor Purcell called the meeting to order at 6:03 p.m. Notice of meeting and agenda
on the City Hall notice board as required by law. Invocation was given by Pastor Leonard
Reimer, Faith Bible Church, followed by the Pledge of Allegiance.
Shoemate, Ward One
Janice Drewry, Ward Three
Robert Shanklin, Ward Five
Haywood, Ward Seven
Warren, Ward Eight
Givens, Ward Two
Patton, Ward Six
PRESENTATION OF OKLAHOMA MUNICIPAL LEAGUE HONOR ROLL OF SERVICE.
Danny George, Executive Director of the Oklahoma Municipal League, presented service
those City of Lawton employees who have worked 25 years of continuous service.
ANNOUNCEMENT OF AWARD FOR MUNICIPAL EXCELLENCE FROM NATIONAL
LEAGUE OF CITIES
Mayor Purcell stated that an award was presented to the City of Lawton at the annual
League of Cities Conference.
Jerry Ihler, Public Works Director, stated they did receive an award at the National
Cities for our sewer rehabilitation program. Lawton is only the second city from Oklahoma to
receive this award. He asked all those employees who work in the sewer design or sewer
construction group to please stand and be recognized. He stated the City of Lawton received
administrative order from EPA that we needed to reduce the number of sanitary overflows in our
sewer system. We were averaging 250 overflows every year. The City of Lawton did a study,
and through negotiations with EPA, we were able to come up with a program where they allowed
us a little over 20 years to complete the program. The dollars figure in 1996 was $62 million
worth of improvements for the community. The Mayor and City Council asked staff to look at
trying to do this in house. He stated they felt they could save about $2.6 million on Phase I.
Once Phase I was completed, they actually saved $3.6 million. In addition, staff was
install an additional 12 miles of sewer line into the system that were above and beyond the
program, which is worth about $5 million. He stated when they started the program we had
overflows, last year we had 11. The success of this program not only saves the citizens money,
but it provides a cleaner environment for the citizens.
Mayor Purcell thanked staff for all of their hard work.
Mitchell stated this is another example of how we work together and accomplish things
putting our minds and bodies to the task. He stated there are only nine of these awards given
the United States each year and it was a great honor for him to be there representing the City of
Marcus Rivera, 1706 NW 31
st Street, stated he does not see why he would have to pay $48 for
his water bill. He called several cities in the area to compare. In Yukon, the base rate
is $20 for
3,000 gallons. In El Reno the base is $32.83 and in Anadarko it is $30.50. In Oklahoma City the
base rate ranges from $37-$38. He stated the difference is the usage of sewer and refuse is based
on their water use. He feels we should not apply a flat rate to everyone.
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL SPECIAL MEETING
OF OCTOBER 17, 2006 AND REGULAR MEETINGS OF OCTOBER 24 AND NOVEMBER
MOVED by Warren, SECOND by Drewry, to approve the minutes of October 17, October 24
and November 28, 2006. AYE: Haywood, Warren, Shoemate, Drewry, Jackson, Shanklin.
NAY: None. MOTION CARRIED.
CONSENT AGENDA: The following items are considered to be routine by the City Council
will be enacted with one motion. Should discussion be desired on an item, that item will be
removed from the Consent Agenda prior to action and considered separately.
MOVED by Haywood, SECOND by Warren, to approve the Consent Agenda items as
recommended. AYE: Warren, Shoemate, Drewry, Jackson, Shanklin, Haywood. NAY: None.
1. Consider the following damage claims recommended for approval
and consider passage of
any resolutions authorizing the City Attorney to file a friendly suit for the claims which are over
$400.00: Southwestern Bell Telephone in the amount of $1,518.93
(Resolution 06-199), Mandy
and Kent James in the amount of $5,981.00 (Resolution 06-200), Peter and Vivian Marshall in
the amount of $2441.00 (Resolution 06-201).
2. Consider the following damage claims as recommended for denial:
Amanda & Charles Wells
in the amount of $14.00, Yolanda Zavala in the amount of $50,000.00, Stacey Knight in the
amount of $50,000.00, Kari Samut-Tagliaferro in the amount of $144.30. Exhibits: Legal
3. Consider ratifying the action of the City Attorney in filing
an appeal in the workers
compensation case of Stephen R. Handy, Workers Compensation Court Case No. 2005-13579H.
Resolution No. 06-203.
4. Consider approving the 2007 Notice of Meeting Schedule for
Lawton City Council
Meetings. Exhibits: 2007 Notice of Meeting Schedule for Lawton City Council;
5. Consider approving contract with Theatreworks USA for school
If you Give
a Mouse A Cookie & Other Story Books on Wednesday, March 14, 2007. Exhibits: Contract
file in City Clerk s office.
6. Consider accepting donation to the City Art Collection
of Jack Storey and Don Barton
portraits from family members Kim Kelly and Marjorie Farrell. Exhibits: Portraits are located
McMahon Memorial Auditorium.
7. Consider acknowledging receipt of two permits from the Oklahoma
Environmental Quality for the construction of 900 linear feet of eight (8) inch PVC water line
and 836 linear feet of eight (8) inch PVC gravity sewer line and all appurtenances to serve the
Eisenhower Village Addition located in the SW/4 of the SE/4 of Section 32, T-2-N, R-12-W,
I.M., Comanche County, Oklahoma. Exhibits: Permits to Construct on file in the City Clerk s
8. Consider acknowledging receipt of two permits from the Oklahoma
Environmental Quality for the construction of 1,495 linear feet of eight (8) inch PVC water line
and 1,888 linear feet of eight (8) inch PVC gravity sewer line and all appurtenances to serve the
MacArthur Park Addition Part 8 located in the NE/4 of Section 26, T-2-N, R-11-W, I.M.,
Comanche County, Oklahoma. Exhibits: Permits to Construct on file in the City Clerk s office.
9. Consider awarding (CL07-008) Coagulant
Aid (Polymer) to Polydyne, Inc. of Riceboro,
Department recommendation, abstract of bids.
10. Consider awarding (CL07-014) Wheeled Hydraulic
Excavator to G. W. Van Keppel
Company of Oklahoma
City, OK. Exhibits: Department recommendation, abstract of
11. Consider awarding (CL07-016) 12 Wood Chipper
to Central New Holland, Inc. of
OK. Exhibits: Department recommendation, abstract of bids.
12. Consider extending the contract (CL05-016)
Automatic Transmission Repair with
Transmission of Lawton, OK. Exhibits: Department Recommendation,
13. Consider awarding (CL07-013) Self-contained,
Self-propelled Hydraulic Fusion Machine
of Louisville, KY. Exhibits: Department recommendation, abstract of
14. Consider approval of payroll for the periods of November
20 December 3, 2006.
15. Consider accepting a conditional award from the U.S. Department
of Housing and Urban
Development (HUD) of a Brownfields Economic Development Initiative (BEDI) Grant for
$1,000,000. Authorize the Mayor to sign the grant award document and authorize submission of
the acceptance to HUD. Exhibits: Exhibit A: HUD Award Letter dated November 22, 2006. A
copy of the award letter with the Instructions and Conditions for Award (Enclosure A) and a
sample Brownfields Economic Development (BEDI) Grant Agreement (Enclosure B) is on file in
the City Clerk s office and HCD.
Mitchell stated this grant will allow us to secure a Section 108 loan for improvements
Street. Half of the money will be used to secure the Section 108 loan for $2 million. The
half of the grant will be used to acquire brownfield sites along 2nd Street. For us,
that may be a
closed gas station that has underground tanks that were never removed, contaminated soils, etc.
Shanklin questioned if the Request for Proposals that the Chamber sent out were back
Mayor Purcell stated that Request for Qualifications were sent out.
Mitchell stated they received two.
Shanklin stated that they really don t have any plans from these developers.
Mayor Purcell stated they do not have anything yet.
Shanklin stated he does not mind accepting this award, but they really will not start
work on 2
Street until they find out what the developer wants done.
Mitchell stated this step tonight, if approved, allows staff to move forward with an
process. He stated they still have a lot of paperwork to do to get the application completed. It
may take another three months to get all of the application work completed.
Shanklin stated there are a lot of people who are getting concerned about what we are
nd Street. He would hate to see us spend $2-3 million and then the developer not want
Haywood stated they need to accept this before the 15
th of December.
Jackson stated there is great interest in those two companies who have submitted their
for Qualifications. He stated one of the particular companies is very interested.
MOVED by Drewry, SECOND by Warren, to accept a conditional award from the U.S.
Department of Housing and Urban Development (HUD) of a Brownfields Economic
Development Initiative (BEDI) Grant for $1,000,000 and authorize the Mayor to sign the grant
award document and authorize submission of the acceptance to HUD. AYE: Shoemate, Drewry,
Jackson, Shanklin, Haywood, Warren. NAY: None. MOTION CARRIED.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
COL Uberti thanked Mayor Purcell and Larry Mitchell for letting staff attend a Department
Defense forum on military connected communities. He stated some good information was
presented at the meeting.
Drewry thanked the Lawton Police Department Gang Task Force for allowing her to go along
with them on Saturday evening.
Mayor Purcell stated he attended a meeting the previous week to talk about the gang
Lawton. He stated one suggestion was to tackle the problem with those who are renting houses.
Vincent stated Title 50 of the Oklahoma State Statute, which is the nuisance statute
15 of the Lawton City Code, both provide that if certain rental properties or other types of
structures are used for illicit activities, a municipal council can declare those as blighting to the
community and dilapidated. He stated they would notify the owner that the tenant is in violation
of various laws and tell the owner that if they don t move them out, we will go to court and get
an order for an injunction and possibly demolish the building. This can apply to apartment
complexes, motels as well as single family residents. He stated before staff starts down this
he questioned if the City Council wants to proceed in this direction.
Shanklin stated he believes we should do this.
Vincent stated it will be very labor intensive. They will have to compile records
properties throughout the city.
Mayor Purcell stated if they do this, they will be upsetting some citizens who own property
they will be coming to the City Council for relief.
Shanklin questioned if he could turn in properties and they would get rid of them.
Vincent stated that is not what this means. It means that the police will identify
a location and
bring in sufficient evidence to show that illicit activity is taking place at this location. Staff will
notify the landlord and give them probably 30 days to get that tenant out of there or we will go
the District Judge and have that property declared a public nuisance and we will start abating that
problem. This could include tearing down the property and that is what he wants the Council to
understand. Part of the abatement procedure may include tearing down an apartment complex or
Drewry stated having been out there and seeing what is going on, she feels we have to
tough action if we are going to take control of this situation.
Warren stated there are citizens who live next door to property owned by these absent
who have allowed individuals to live in property with the windows broken and running drugs in
and out. He stated this is almost in every neighborhood in town.
Vincent stated this is a start and this is the best thing they have on the books right
COL Uberti questioned what protections are afforded the owner or is the owner now liable
on the rental contract with the tenant.
Vincent stated the Oklahoma Landlord Tenant Act provides that the tenants are supposed
conduct themselves in a legal manner and if they do not, they are in violation of that act.
Mayor Purcell reminded the Council that on January 16, 2007, the gang task force will
presentation about gang violence.
Mitchell gave an update on the conservation easement program around Fort Sill. They
closed on four properties. There are conservation easements on 670 acres in buffer areas one and
two. Land Legacy may have two or three lined up for January and February. There is a lot
positive response from the property owners.
The Mayor and Council convened in executive session at 6:51 p.m. and reconvened in regular,
open session at 7:00 p.m. Roll call reflected all members present.
BUSINESS ITEMS: EXECUTIVE SESSION ITEMS
16. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss the pending tort claim of Bruce Harrison, DC-2006-66, against the City of
Lawton, and if necessary, take appropriate action in open session. Exhibits:
Vincent read the title of item 16. He stated the City Council was briefed
on this pending tort
claim. No action is required.
There being no further business to consider, the meeting adjourned at 7:01 p.m. upon
second and roll call vote.
P. PURCELL, JR., MAYOR
TRACI HUSHBECK, CITY CLERK