Month 2007-4 April
Meeting of 2007-4-24 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
APRIL 24, 2007 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor John Purcell, Jr. Also Present:
Mitchell, City Manager
Jensen, Deputy City Attorney
Ezell, Deputy City Clerk
Mayor Purcell called the meeting to order at 6:00 p.m. Notice of meeting and agenda
on the City Hall notice board as required by law. Invocation was given by Pastor Lloyd Grubbs,
Trinity Assembly of God Church, followed by the Pledge of Allegiance.
Shoemate, Ward One
James Hanna, Ward Two
Janice Drewry, Ward Three
Jackson, Ward Four
Robert Shanklin, Ward Five
Patton, Ward Six
Haywood, Ward Seven
Warren, Ward Eight
PRESENTATION OF CITIZEN OF MONTH FOR APRIL
Sharon Means, Chairman, Mayor s Commission on that Status of Women introduced
Horner and his wife Chris, Connie Henley and Margaret McCracken representing Sally Cody as
the citizens of the month for April.
Mayor Purcell presented a Certificate of Congratulations from the State of Oklahoma,
Certificate of Commendation from the Mayor s Office.
PRESENTATION OF PROCLAMATION FOR MENTAL ILLNESS AWARENESS DAY
Mayor Purcell presented a Certificate of Commendation from the Mayor s Office
to Jim Reagan.
PRESENTATION OF PROCLAMATION FOR FLOOD AWARENESS MONTH
Mayor Purcell presented a Certificate of Commendation from the Mayor s Office
PRESENTATION OF POSTER CONTEST TO CELEBRATE EARTH DAY WINNERS
Cynthia Williams, Wastewater Treatment Plant, presented the first place winners of
Annual Poster Contest. The theme this year was Water Wise. The first place winner in the
Kindergarten to Second Grade Division was Kindergartener Darin Ward from Crosby Park, in
the Third to Fifth Grade Division was Third Grader Terra Benefield from Elgin Elementary, in
the Sixth to Eighth Grade Division was Eighth Grader Theresa Fowler from Eisenhower Junior
High, in the Ninth to Twelfth Grade Division was a Tenth Grader Hyun Ho Kim from Macarthur
PRESENTATION FROM TONY POKORNEY REGARDING CLEAN UP PROGRAM
Tony Pokorney presented a clean up program to the Council. It will be contained
in the Strategic
Plan that is being prepared for the City. This will be a litter hotline like the one in Little
Arkansas. The State of Oklahoma has this similar committee called Keep Oklahoma Beautiful
with a representative from Lawton, Darrell Hesselius. Pokorney explained how the hotline
would work. Norma Lynn Pascal has volunteered to help write the ordinance if necessary.
Drewry stated the timing of the presentation is perfect since it is Come On
Lawton Pick It Up.
After talking with Pokorney about the program it sounds like a great program and I believe we
can make it work.
ADUIENCE PARTICIPATION: Anyone having an item of business to present to the
Council that does not appear on the agenda please come forward at this time.
Cory Steel, 647 Arbuckle, has lived at this address for 43 years and loves it. Last
waterline burst on Ranch Oak and Arbuckle. Within the next two days another portion of the
line busted again. Public Works did fix the line both times. Yesterday morning the line
again. Ms. Steel asked the Council if you are going to come out to patch up, mess up, and waste
money would they please clean up. The red mud gets into our cars, homes, in the street and it
just discussing. I m a concerned resident and I m asking the Council to please look
and repair those streets permanently. The money has been appropriated. I asked a worker
yesterday if they were repairing or replacing and he said repairing. My street is muddy and red
right now. If you are going to treat the resident s right I m asking that you please
look into this
at the corner of Ranch Oak Blvd. and Ranch Oak Blvd.
Haywood stated since he has been on the Council there has been sixteen breaks on
We definitely need new a waterline at Ranch Oak and Arbuckle.
Steel asked if Council had anything to say so she could take it back to the citizens.
Purcell stated we can t take any action tonight as part of audience participation. Mr. Haywood
can bring something back and the Manger is taking notes. That is all we can do tonight is listen
Steel stated very good she appreciated it. Thank you
Purcell asked if there was anyone else that would like to address the Council. Seeing
Audience Participation is closed
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.
Haywood asked that Item #2 be removed.
Shanklin asked that Item #9 be removed.
Purcell asked if there were any other items to be removed. If not he would
entertain a motion.
MOVED by Haywood, SECOND by Drewry, to approve the Consent Agenda with the exception
of items #2 and #9. AYE: Warren, Shoemate, Hanna, Drewry, Jackson, Shanklin, Patton,
Haywood. NAY: None. MOTION CARRIED.
1. Consider the following damage claims recommended for approval
and consider passage of
resolutions authorizing the City Attorney to file a friendly suit for the claims which are over
$400.00: Toni and David Kerr in the amount of $4,216.99, Yvonne and Paris Grayson in the
amount of $399.96, Cassandra and Scott Holst in the amount of $7,153.71, and Prudential
Moeller & Associates Real Estate on behalf of Vernon and Viola Cooper in the amount of
$265.38. Exhibits: Legal Opinions/Recommendations
Resolution 07-___ and Resolution 07-___.
3. Consider authorizing the Fire Department to accept a phased
grant from the State Office of
Homeland Security for the purpose of purchasing/accepting a fully equipped Technical Rescue
Trailer (TRT), auxiliary rescue equipment, and tow vehicle. Exhibits: None, (the tow vehicle
Specs from the Office of Homeland Security are available in City Clerks Office for review).
4. Consider accepting donation of funds donated by Wal-Mart,
1002 NW Sheridan Road, for
Lawton Police Department Gang Unit. Exhibits: None.
5. Consider adopting a Resolution to grant permission to the
Lawton Constitution and KSWO
TV to use the Official City of Lawton Seal with news stories and news articles involving the City
of Lawton and authorizing the Mayor and City Clerk to execute the necessary associated
documents. Exhibits: Resolution 07-__.
6. Consider adopting a resolution authorizing the Mayor and
the City Clerk to execute an
agreement for utility cost sharing with the Oklahoma Department of Transportation (ODOT) for
improvements to I-44 at Medicine Bluff Creek, Federal Aid Project Number BHIY-0044-1(069)043. Exhibits:
Resolution 07-___, ODOT letter dated March 29, 2007. Project
Agreement is on file in the City Clerk s office.
7. Consider accepting the Water Storage Tank Roof Repair Project
#2006-14 as constructed by
Luckinbill, Inc. and placing the Maintenance Bond into effect. Exhibits: None.
8. Consider rejecting the bid proposal for the Numu Creek
Tree Disposal Project #2006-15.
10. Consider setting a date of June 12, 2007, to hold a public
hearing and consider an ordinance
closing a portion of a public utility easement on the side of Lot 2, Block 32, Wyatt Acres
Addition, Part 14, also known as 612 NW Micklegate Boulevard. Exhibits: Application, Location
Map, Survey, Council Policy 5-1.
11. Consider approving the construction plans and specifications
for NE 34
th Street and a 10
waterline to serve the Independence Place Apartment project located on East Gore Blvd.
Exhibits: Location Map.
Consider acknowledging receipt of two permits from the Oklahoma Department
Environmental Quality for the construction of 2,528 linear feet of ten (10) inch PVC water line
and 5,500 linear feet of eight (8) inch PVC water line; and 1,900 linear feet of ten (10) inch PVC
gravity sewer line and 7,712 linear feet of eight (8) inch PVC gravity sewer line, and all
appurtenances to serve The Highlands Addition Phase I and II, located in the SW/4 of Section 3,
T-1-N, R-12-W, I.M., Comanche County, Oklahoma, (NE corner of 52nd & Bishop). Exhibits:
Permits to Construct on file in the City Clerk s office.
13. Consider extending the contract (CL05-042) Mowing &
Litter Contract II with Teen
Challenge of Cache, OK, for Areas G & H, and with WFS Service of Lawton, OK, for Areas D,
E, I, J, K. Exhibits: Department Recommendation, Price Bid Sheets, Contract Extension Forms.
14. Consider extending the contract (RFPCL06-023) Cellular
Telephone Service with Sprint
Nextel Corporation of Oklahoma City, OK. Exhibits: Department Recommendation, Price Bid
Sheets, Contract Extension Form.
15. Consider awarding (CL07-035) Street Sweeper to Frontier
Equipment Sales, LLC, of El
Reno, OK. Exhibits: Department Recommendation, abstract of bids.
16. Consider awarding (CL06-042) Library Book Contract to
the following vendors: 1)
Davidson Titles, Inc., Jackson, TN Items 1-3, 6-7, 11, 14-18, 22-28, 31 2) (The Gale Group),
Farmington Hills, MI Items 2-4, 6-7, 13, 15, 21, 23-24, 3) HW Wilson, Co.,
Item 15, 4) Penworthy Co., Milwaukee, WI Items 22-24, 5) Publishers Quality Library
Service, Crete, IL Items 24-25 6) Recorded Books, Inc., Prince Frederick, MD
31, 7) Regent Book Co., Lodi, NJ Items 1-9, 11-12, 14-24, 26-28, 31-32, 8) Rourke
Publishing LLC, Vero Beach, FL Items 24, 32, 9) Salem Press, Inc., Hackensack,
15, 10) Scholastic Library Publishing, Inc., Danbury, CT Items 3, 6, 11, 15, 22,
24, 26, 27, 28,
31 and 11) Waldenbook Inc./Borders, Inc., Ann Arbor, MI Items 1-9, 11, 12, 14-26,
Exhibits: Department Recommendation and Abstract of Bids.
17. Consider approving appointments to boards and commissions.
18. Consider approval of payroll for the period of April 9
Purcell stated we now come to Item #2.
2. Consider the following damage claims recommended for denial,
Jennifer McWilliams in the
amount of $263.33, Michael and Nina Phillips in the amount of $1,250.07, Southwestern Bell in
the amount of $537.87, Clarence and Janet Smith in the amount of $2,963.37 and Ralph and
Anness Wilson in the amount of $7,158.67. Exhibits: Legal Opinions/Recommendations.
Haywood stated last year in the March timeframe he spoke with Mr. Wilson. I
haven t read the
entire claim, but I told the Wilson s they were two days short of filing the claim in time. The
Wilson s live in Country Club Heights. They have had some problems. There are four manholes
in their area with two on each side. I know the City of Lawton has in the past paid some of these
claims for houses on 45
th Street. We paid a lady at 1101 $7,000 because she has a manhole on
the north side of her house. Mr. and Mrs. Wilson may want to say something. I have explained
to them they were two days late in filing the claim.
Ralph Wilson, 103 SW 46
th stated he had a sewer backup on the February 19, 2006.
Haywood stated the City came out and made contact due to the backups on the 19
th and the 20th.
Does it have to be exactly a year according to Oklahoma law?
Jensen stated the law that was cited in the memorandum is very clear. They
have to file a claim
within one year of the loss. The backup happened on February 19. When the City came back
th there was still some blockage, but the claimants were not experiencing any problem that
day. But even if they were they didn t file their claim for a year and two days. We
can t waive
that requirement. That is why I try to emphasis with bold letters that is the law. Also
emphasized in the paragraph is we had multiple contact with the claimant. We provided the
claim form, told them what the requirements were and the requirements were not met.
Haywood stated he is aware of this and he has made them aware. I told them
they were two days
late in filing the claim and that is what we have to go by. I asked them if they wanted to come
and they said yes. I m proud of you for coming in. You didn t have to but you
did. Thank you.
MOVED by Haywood, SECOND by Warren, to deny all the claims for Item #2. AYE:
Shoemate, Hanna, Drewry, Jackson, Shanklin, Patton, Haywood, Warren. NAY: None.
9. Consider approving Amendment #1 to the Retainer Agreement
with Chiang, Patel & Yerby,
Inc. (CP&Y) for professional engineering services to include traffic engineering services.
Exhibits: Amendment #1 to the Retainer Agreement.
Shanklin stated he knew that we hired these people sometime back. It says we
are going to pay
them out of the general fund without any cost attached. How have these guys been doing? Have
they helped us any? Is there anybody out in the development mad?
Ihler stated he is asking the traffic portion be amended. I m asking to revise
the contract with
this firm because Planning already has a contract with them. The reason that I asked to revise
contract with this firm was because Planning has a contact with the firm to do sub-division
reviews. They are also doing contract checks for us in sub-division. I feel it will be quickly
timely because the Traffic Engineer resigned. The Traffic Engineer is going to work for this firm
and he is familiar with the aspect of what is going on with our streets and services.
Shanklin stated I m satisfied. I just didn t think one of them
was as important as the other as far
as expertise. He thought there would be more expertise in trying to figure out a sub-division
other than our signs, signals, speeding and parking.
Ihler stated the contract has different hourly wages. I m sure the Traffic
Engineer position will
be a project manager level and I believe that pays $110 per hour.
Shanklin asked if the fee was allocated in this year s budget. It wasn
t was it?
Mitchell stated no.
Shanklin stated we have several things coming in that was not in the budget and we
act like we
have all kinds of money. How much money do you think it will cost us?
Ihler stated the hourly rate for a project manager position was $110. Our intent
is to minimize
the use of this person. We will do everything we can at this level before passing the information
on to the firm. The reason we are contracting this is because if the Engineers in our office take
on this task then it takes away from managing their projects. We just thought this would be the
best way to handle it. Hopefully we will be able to find someone to fill the position.
Shanklin stated it s good we don t delay it any further. He has
no problem with that he just
wondered how much it was. It didn t mention it. If it s going to delay some
of our signs being
put up, because six weeks or so ago Council passed a 35 miles an hour speed limit on 27
th and F
Street and it still says 25. So we are that far behind. This might be a good deal to get
going. They might want to get that started before fall. Thank you Jerry.
MOVED by Shanklin, SECOND by Warren, approve Item #9. AYE: Hanna, Drewry, Jackson,
Shanklin, Patton, Haywood, Warren, Shoemate. NAY: None. MOTION CARRIED.
19. Hold a public hearing to consider the Consolidated One-Year
Action Plan for FFY 2007,
receive input from citizens, and provide input for development of the plan. Approve the plan and
pass a resolution authorizing the execution of the plan and authorizing the Mayor and City Clerk
to execute the implementing documents necessary to implement the Consolidated One-Year
Action Plan for FFY 2007. Exhibits: City Planning Commission minutes of April 12, 2007. A
copy of the Consolidated One-Year Action Plan for FFY 2007(Draft) is on file at the City Clerk
Aplin stated the process this evening allows the citizens an opportunity to learn
what we are
proposing to do with our federal fund. This allows them to provide comments and suggestion for
consideration to the plan. The draft was put out for citizen s review on March 2. The
review period ended on April 2. The review period is completed and we received no comments
from citizens as a result of the review process. We held three neighborhood meetings at the
community centers in Lawton. We had a CPC workshop and concluded with a Public Hearing
before CPC on April 12. We met with Council on April 19 for a workshop to review the
proposed allocation of funding.
Aplin stated this evening we will review the allocation you develop as a result of
our meeting and
hold a public hearing to allow citizens to provide input. You have an updated spreadsheet that
reflects the funding recommendations you wanted incorporated into this plan.
Aplin stated over the past five years our Community Development Block Grant Fund
reduced over 26% by the federal government. The Home Program has been reduced over 14%.
We were lucky this year our reductions between the two programs was about $4,000. Only the
future will tell where this is going. The cumulative losses for the community since 2002 are
approximately $1.1 million. The Brownsfield Economic Development that was submitted to
HUD has been approved. It is pending completion of the review of the Section 108 loan. We
working with HUD on the review at this moment. Assuming the 108 loan is approved it will be
paid for out of our CDBG Program funding. It can be expected to take up to as much as a third
of our annual receipts in the CDBG Program in order to make that annual payment. This will
have an impact on the amount of funds we can apply to other purposes in the future.
Aplin stated in the Community Development Block Grant Program the allocation for
was $889,183. The program income was $12,735. The total amount we have to allocate this
year is $901,918. You will see that those dollars will be fully allocated.
Aplin stated you see the request for CDBG funds. This is low compared to what
get. People realize we have lost a lot of our funding and as a result we are not receiving as
request. We will allocate approximately $901,000 this evening which means about $40,000 will
not be able to be addressed.
Aplin stated you see the CDBG funding recommendations. There are three columns.
one reflects the Housing and Community Development initial proposal. Column two reflects the
City Planning Commission s adjustments and proposal and column three shows the City Council
proposals. It is key to note public services have a 15% cap and as our funding has gone down
every year the amount of funds we can allocate to that category of services is significantly
reduced to $135,288. This is the amount that will be allocated for the Chamber of Commerce to
do economic development.
Aplin stated now you will see the administration. The administration has a
20% cap. That 20%
cap is reflected in the $180,384. We are also proposing a certain amount be held in contingency.
Contingency funds are basically to meet unanticipated events that may come up. In addition
of this fund will be available to make future Section 108 payments. We also have a prior year
contingency we have been holding of $247,023 in anticipation of the Section 108 approval.
Those funds will help to get started meeting the initial payment. It is also important to
½ of the Brownsfield Economic Development will also be used as paying a share of the first few
years of our Section 108 loan.
Aplin stated the Home Program entitlement grant of $494,284 is about $3,700 below
This is the program income we have received which is also included in the allocation this. This
is the total amount of funding we will be allocated. The total amount allocated is $577,621. The
10% administration cap limits what we can allocate for administration. We are required to
allocate a minimum of 15% to CHDO for housing development. That amount is $74,143. You
see we have a project that will provide four rental units in the amount of $188,500. We are
allocating $150 to first time home buyers, $181,359 to rehabilitation and this all totals $577,621.
Another Home Program requirement is the provision of match. The HUD program requires
community match of 25% of the dollars committed to housing development activities. The City
of Lawton has been provided a 100% waiver by the US Department of Housing and Urban
Development. We have been able to bank the match if we have to begin paying at a later date.
We have in excess of $9,000.
Aplin stated this concludes his briefing. Are there any questions.
Haywood stated he wishes the citizen s participation for 2007-2008 would not
be held on a
Tuesday night. Council members are unable to attend and we would like to participate if
Aplin asked if he was referring to the neighborhood meetings.
Haywood stated yes.
Aplin stated they could do something about that. We try to have them on Thursday.
Purcell asked Aplin to show the slide of the CDBG Program Funding with the three
PUBLIC HEARING OPENED.
Purcell stated anyone wishing to address these issues to please come forward at this
Council has heard from many of the organizations already and unless you have something new to
add tonight I m not sure where we go from there. You are certainly welcome to add anything
new or anything else you want to say.
Purcell stated you see the plan that was proposed to Council. Council approved
a plan Thursday
night pending any other adjustments they decide to make tonight.
Frazier, Marsha stated she was the Director of Teen Court. I spoke with you
last week so I m
not here to speak tonight. I do want to acknowledge a group of my volunteers that are here in
support of our program. Some of the youth would like to speak with you.
Sheppard, Brook stated she was a junior at Eisenhower High School. For the
past two years she
has served as both a juror and an attorney for Teen Court. Teen Court sees a lot of teenagers
ranging from the age of 12 to 18 with one thing in common. They all have one common thread
that runs through every single one of them and that is hope. Hope for a second chance or a
second opportunity. A chance to clear their record, pay the consequences and turn their life
around. Some of the teenagers that have come through Teen Court say without Teen Court their
life would be going down the wrong path. Teen Court was a reality check for them and for many
it was the first time they were caught doing a crime. It is a chance for them to step back, do
community service and set their priorities straight. When teenagers make mistakes it is nice to
have a second chance. When they admit their guilt they can come to Teen Court. Teen Court is
for anyone who has committed a first time misdemeanor. They are tried by a jury of their peers
and they get a completely fair trial. My job as a prosecuting attorney consists of preparing a
before hand, presenting this case in front of a jury and an audience. I get to interview the
witnesses, ask questions and try to show a different side of the case than the defense attorney.
My job as an attorney is an important job in giving the defendant a fair trial. Teen Court is
valuable asset to this community one that we desperately need. Without this program teens that
make a first mistake will end up in a juvenile court and with a record with no hope for their
future. I m asking you to please support Teen Court. Now I would like to introduce
who can show you a different side of the Teen Court. One of our defendants William.
William stated he was recently in Teen Court. Teen Court gives you a second
chance. I have
completed 50 hours of community service. Teen Court gave me a second chance and showed me
we shouldn t do the things we do. I was going down the wrong path for a long time and Teen
Court showed me life is nothing but a plan. I really approve of Teen Court. They have given
and my peers a second chance. I m truly sorry for what I ve done. Teen Court
my life around and my parents will agree with this. I m going back to school and doing very
Mathew stated I attend Eisenhower Junior High School and I m here on behalf
of Teen Court.
Thank you for allowing Teen Court to speak about our funding. If Teen Court had more money
in their budget this would give us the opportunity to see how other Teen Courts operate. Seeing
other Teen Courts would give us ideas on how to run our courts better and a bigger variety to
make Teen Court more fun for the volunteers. Our volunteers are needed with our youth today
getting into gang violence and shootings. The volunteers are here to try and prevent that. If
could have more money to go to other Teen Courts it would make it more fun for the volunteers
and the defendants. It can get the defendants out of trouble and off the streets into something
that not only will help themselves, but also their community.
Wilson, Andrea stated I m a sophomore at Eisenhower High School and would like
to thank you
for allowing me to speak. I m here on behalf of Teen Court. I ve been a dedicated
for Teen Court since November 2006. Every Thursday I become ecstatic about going to Court.
Since I ve started I ve been on many cases as a juror, a defense attorney, or a prosecutor. Out
of all the cases I ve seen what I love the most is the fact that what we do truly helps the youth
this town. I also enjoy seeing others that were once on the stand returning to be volunteers as
juror and/or attorney. Teen Court is capable of spectacular things we just need a little help.
Springborn, Neil stated I m really impressed by what these young people have
said. I had no
idea what they would talk about. I m a Board member of Teen Court and extremely proud to
that Board member. I have 17 years with the Sheriff s Department, 11 years as a Police Chief
and I know the problems kids can get into. Several years ago when the Community Needs
Assessment survey was conducted youth crime was not a major issue. Unfortunately the results
of this outdated survey are being used today to assign priorities to CDBG funding. However, we
all know that youth crime has now reached a critical point in our community. According to the
LPD Gang Task Force youth crime accounts for 80% of all crimes in Lawton. Unfortunately,
changing behavior, establishing gang member is at best difficult so we must address the issue at
the earliest onset specifically when a youth commits crime his or her first crime. It is then
can influence future behavior. Teen Court does just that and direct one on one intervention. We
have the very first line of defense and it is through Teen Court. The first time youthful offender
is made to realize there are consequences to bad behavior. You have already heard that tonight.
Is Teen Court successful? Absolutely. A recidivism rate is only 5%. We have
offenders. This is magnificent. This put us in the top Teen Courts in the United States. The
success will not last unless the financial input is there to fund and continue Teen Court programs.
Sadly Teen Court lost all its financial funding from Marie Detty. United Way has graciously
agreed to make up for the short fall for the remainder of the year, but their resources are also
limited. They cannot continue this help in the future therefore our only recourse is an increase
CDBG funds to cover our loss. Law enforcement professional and the counseling community all
agree that early intervention is critical. Teen Court does that. Our results are quantifiable,
measurable and clearly successful. If we are going to face up to youth crime and eliminate it
from our community then early intervention is the answer by funding Teen Court a program that
Christian, Angela stated I m the Board Chair of Teen Court. When first
joining the Board I
knew nothing about Teen Court. I feel Teen Court is one of the best kept secrets in Lawton and
Comanche County. One of the things I find about CDBG is you have to be high risk. High risk
means your agency needs to do things with drug and alcohol. We were talking a couple of weeks
ago about how many of the offenders in the last weeks and months had drug related offenses.
Since January about 1/3 of our offenses were drug related. I want Council to consider this
looking at the funding. Teen Court is having more and more drug related offenders come
through the Court as first offenders. If we don t take care of them when they offend for the first
time what is going to happen to them when they re-offend. I would like for you to consider that
as you are looking at the funding. We lost Marie Detty s funding and thank goodness United
Way came through. Had they not provided the funding we would have had to shut Teen Court
down. We didn t have the money to continue to pay Frazier s salary. She has
gone without a
raise this year because she didn t want the program to shut down. We are so grateful for
she is a one woman operation. We wanted to get Frazier an assistant this year, but we have not
been able to do. We are having a hard time finding other funding sources. We implore you
consider this when thinking about funding this year.
Tracy, Cindy stated I m a police officer with Elgin Police Department and a
Teen Court Board
member. I have been on the Board for about three years. One of my duties in Elgin is to
the school. I work a lot with the youth. Working with Teen Court brought another aspect
how we can handle minor problems before they turn into big problems. I want to put my support
in by asking for Council support for Teen Court. Teen Court helps the youth. We are coming to
a point where we are going to need more and more support.
Drewry stated we are very proud of Teen Court and of all of you. This is why
we increased Teen
Court s funding by $14,000. We haven t done that for anyone. We are very proud
of you guys.
Purcell stated we want to thank all the volunteers for coming tonight and especially
man who was a defendant and now a volunteer. He deserves a special round of applause. Is
there anyone else who wants to address any other issue besides Teen Court as part of the public
PUBLIC HEARING CLOSED.
MOVED by Haywood, SECOND by Drewry, to approve Resolution 07-51 authorizing the filing
of Consolidated One Year Action Plan for FY 2007 and authorize the Mayor and City Clerk to
execute the documents necessary to implement the CDBG and the Home Program that was
proposed by the City Council.
Shanklin asked if everyone received the letter from Lawton Mobile Meals on Wheels.
All stated they did.
Purcell stated this is not a part of this plan.
Shanklin stated I wasn t at the meeting on Thursday, but I don t believe
you had this
Purcell stated that was not a part of this plan. It is a part of the regular
budget. It has nothing to
do with what we are doing tonight.
AYE: Drewry, Jackson, Shanklin, Patton, Haywood, Warren, Shoemate, Hanna. NAY:
20. Hold a public hearing and consider a resolution amending
the 2025 Land Use Plan
establishing the designation of Agriculture and an ordinance changing the zoning from
Temporary A-2 (Suburban District) to A-2 (Suburban District) zoning classification located at
the northeast corner of NE 45
th Street and NE Cache Road. Exhibits: Resolution 07-___,
Ordinance 07-__, Location Map, Applications, CPC Minutes.
Rogalski stated this item is an administrative rezoning. On October 11
th and 25th of 2005 Quail
Run Estate Sub-Division was annexed within the City of Lawton. It is about 160 acres of
property. The area was annexed as Temporary A-2. A-2 is the zone that fits the sub-division.
We are asking that it be applied to permanent zoning A-2. Along with this rezoning request
the designation of agricultural on the land use plan which fits the A-2 Zoning. CPC voted on
March 22 to approve the rezoning.
Jackson stated the homeowner requested to be annexed into the community. I
fully. I and the City Manager had several meetings with the homeowner and the statement was
made the community would be A-2 Temporary and in the future it would be permanent.
Rogalski stated the issue is with temporary zoning. Anytime property is annexed
it is always
applied temporary zoning.
Jackson stated this is just a housekeeping situation.
Purcell asked if there were any other question of Rogalski before opening the Public
PUBLIC HEARING OPENED.
Anyone wishing to discuss this issue please come forward at this time and state your
PUBLIC HEARING CLOSED
MOVED by Jackson, SECOND by Hanna, adopt Resolution 07-52 and Ordinance 07-30 waive
the reading of the ordinance, read the title only. AYE: Jackson, Shanklin, Hanna, Drewry,
Haywood, Warren, Shoemate, Hanna, Drewry. NAY: None. MOTION CARRIED.
(Title read by City Attorney) Ordinance
21. Hold a public hearing and consider a resolution amending
the 2025 Land Use Plan
establishing the land use designation of Industrial and an ordinance
changing the zoning from Temporary A-1 (General Agricultural District) and Temporary I-1
(Restricted Manufacturing and Warehouse District) to I-4 (Heavy Industrial District) zoning
classification located south of SW Lee Boulevard, west of SW 112
th Street. Exhibits: Resolution
07-___, Ordinance 07-__, Location Map, Applications, CPC Minutes.
Rogalski stated this is also an administrative rezoning. The south quarter
of that half section was
annexed on June 27
th 2006 and was given the designation of Temporary I-1. The northwest
quarter is designated at Temporary A-1. It was annexed sometime in the past, but had yet to
receive permanent zoning. This request was at the request of Kurt Newkirk who is representing
the Lawton Industrial Foundation. They are the owner of the property. Along with the rezoning
will be the land use designation of industrial. CPC voted on March 22, 2007 and recommended
Jackson stated this is being zoned industrial for further development. Is this
in the Lawton
Public School system?
Haywood stated no.
PUBLIC HEARING OPENED.
Purcell stated anyone wishing to speak please come forward.
Lafrance, Mary, 13861 SW Lee Blvd. My property adjoins this property. What
do mean by
heavy industrial zoning. What do you plan on putting on the property?
Rogalski stated the heavy industrial district would be similar to that north of Lee
now there is not a particular use in mind.
Lafrance asked if there were waste product where does it go.
Rogalski stated waste product has to be handled by the laws. It will not be
any different than any
other sewage that will have to go into sewer lines.
Lafrance stated Goodyear has water coming from their plant that runs down a draw
Creek. She wonders if there would be any waste.
Rogalski stated Goodyear is not in the City limits. Goodyear is in the County. You still have to
follow state law in release of the storm water and the Clean Water Act. The City of Lawton
cannot manage this because they are not located in the city. However, this property is located
the City and would be monitored.
Lafrance stated so you say this property is in the city limits.
Rogalski stated yes.
Haywood asked if she was referring to the water at the underpass. When you
get ready to go up
the underpass towards Lee.
Lafrance stated it goes from Goodyear down through a concrete draw.
Haywood stated he thought what she was referring to was within the City limits.
Purcell stated her property is west and south of that property and that would be
in the county.
Rogalski stated it is in the county. The City does have jurisdiction over this
site. This site would
be monitored by the City of Lawton.
Lafrance asked if you could put a plant similar to Goodyear on the property.
Rogalski stated yes.
Drewry asked what Lafrance had on her property.
Lafrance stated farm land. I m opposing this rezoning.
Shoemate asked if the City of Lawton goes out to 112
Purcell stated there it does. The property on the south side of Lee is in the
city limits. You go
across Lee north to Goodyear and it is not. The school district line is really strange there also.
Newkirk stated that land is owned by the Lawton Industrial Foundation.
Shoemate asked if it was in city limits.
Newkirk stated yes.
Haywood stated we annexed it.
Shoemate asked if this was in the school district.
Purcell stated no. The school district doesn t jive with the city limits. The State is responsible
for this. We have tried several times to get it changed.
Newkirk stated there are very small amounts of property available for any kind of
development left close to the industrial park that is in the Lawton Public School District. Most
of the plots would not be acceptable to even medium heavy industry because of residential
encroachment. The neighborhood has built to close to the industrial park.
Shoemate asked why you can t clean out by Fairmont.
Newkirk stated this is part of the long range plan for downtown redevelopment. There
possibility there. On behalf of the Lawton Industrial Foundation Lawton/Ft. Sill area continues
to lag behind our competition in available land for heavy industrial use that has rail access. That
is why this piece of property is particularly attractive. At a reasonable amount we can get rail
service and heavy industrial size infrastructure would be available. It was made available to
by the Cross family at a very attractive rate.
Because we are so far behind the competition curve on having available industrial land and I
encourage you to rezone this to I-4.
Shoemate asked why the Chamber turns a death ear to the KCA.
Newkirk asked which particular piece of property he was referring to.
Shoemate stated on Laurie Tatum and Rogers Lane where you have a rail spur, I-44
Newkirk stated we showed that property to a recent industrial prospect and it was
residential encroachment and flood plain encroachment. It was just not attractive to them.
Shoemate stated that corner is not a floodplain.
Newkirk stated the floodplain is within a ¼ of a mile. I don t believe
we have turned a death
ear. We just haven t had a client that has found that piece of property attractive.
Purcell asked if there was anyone else that would like to speak to this issue before
PUBLIC HEARING CLOSED
MOVED by Haywood, SECOND by Drewry, adopt Resolution 07-53 and Ordinance 07-31
waive the reading of the ordinance, read the title only. AYE: Shanklin, Patton, Haywood,
Warren, Hanna, Drewry, Jackson. NAY: Shoemate. MOTION CARRIED.
(Title read by City Attorney) Ordinance
22. Consider requesting staff contact Burlington Northern
Railroad officials and Oklahoma
Corporation Commission regarding abatement of railroad right of ways. Exhibits:
Memorandum from Neighborhood Services Supervisor.
Jackson stated I ask for this to be placed on the agenda. As most of you know
when you drive
around town one of the worse places of high weeds and grass, trash, debris and junk along the
railroad right-of-ways. I don t believe there will be a lot of success by simply contacting
Burlington Northern Railroad officials. I do believe we need to be in touch with the Corporation
Commission and really pursue this. We need some help. We have Neighborhood Services and
other areas that are working with Trash Off which is a massive effort, but we are not getting
support from the railroad.
Patton stated the area by I-44 and Rogers Lane is bad.
Purcell stated to tell the City Manager is great, but it will go absolutely nowhere. We need to
call the President of Union Pacific. When we had this problem the last time I spoke with the
CEO of the railroad and the Chairman of the Corporation Commission. Those two made it
happen because an elected official made the call. We can have Mitchell call, but my
recommendation is as an elected official call the CEO of the railroad and the Corporation
Commission. That was the only way we got action before. This is just a suggestion.
Haywood asked how far out do they go on both sides of the track.
Shanklin stated depends on the area.
Mitchell stated it can be up to 200 feet.
Haywood stated the Oklahoma Corporation Commission came down and gave us permission
cut the Union Pacific. They probably will not pay us, but we have been mowing it since then. I
think it would be wise to contact the Oklahoma Corporation Commission. I would like to add
Union Pacific along with Burlington.
Jackson stated it is hard for me to continue to site individual citizens in town
for trash, debris and
junk when one of the biggest contributors to this problem we are not doing much about. I would
just like the Manger to call and if we need to follow up with the elected officials he would be
more than glad to so.
Mitchell stated this is a struggle that cities all over the state have. It
is not unique to Lawton and
it is really a tough one. When railroad companies were organized they were given some
preferential treatment through the Corporation Commission and it is very difficult to force them
into any kind of action. I will do what ever possible.
Purcell stated I recommend while Mitchell is doing what he can that the elected officials
the CEO level. They ignored the City Manager before.
Haywood stated we did get some action.
Shanklin stated we got action out of the Corporation Commission. Every thirty
to ninety days
the Corporation Commission needs to get a letter from the City of Lawton about the right-of-ways.
Jackson stated he didn t believe that any action needed to be taken. If
you need a vote that s
23. Consider rejecting the only bid for (RFPCL07-027) Robinson
s Landing Concession,
which was received from Sagebrush Properties, LLC of Lawton, OK, as non-responsive.
Shahan stated this item is in relationship to the Robinson s Landing Concession
RPF. There was
one bidder. This has been a two year process of attempting to find a way to create improvements
on this particular piece of camping and boathouse operations. The bid was a non-responsive bid
based on the fact we requested. The proposal requested improvements were to be made on the
property. In the one bid there were no improvements presented. I recommend we don
this proposal based on what was presented. I m still interested in working with someone
developing the improvements to Robinson s Landing. In my memorandum to Council and the
Finance Director I wanted to bring this for discussion. This has been a two year process of
attempting to get someone who is willing to make improvements at Robinson s Landing.
Shahan stated I want to be real clear that financially this is a profitable piece
of property. We are
generating about $40,000 after operational expenses. This is the reason I m not quick in
we want to release this property for someone to take over just the operations. For someone to
take over operations and provide development improvements of the camping area is different.
Terry Smith is here representing Sagebrush Properties. I m willing to answer any questions
Shanklin stated the problem I have with this is you have 2 and 3% that should have
placed in the other one. Three percent you discount. Many places discount 3%. Can you live
the lakes full time?
Shahan stated you are not suppose to be living on the lakes.
Shanklin asked can you or can you not sir. If you cannot move them out of there
then I can get in
a better frame of mind. Not only here, but across the way. I went out there two weeks ago. I
didn t get to run down southeast. I went out to take a look at the lake. Those people are
out there full time and we have to furnish them electricity with that one bill. Is that correct.
Shahan stated correct.
Shanklin stated I would like that. I would like to have free electricity.
Shahan stated my position on this property is if we don t work with someone
to develop the
property then after camping season remove everybody to redesign and develop it. Right now we
generate income of $49,000 in camping fees.
Shanklin asked what it cost to generate that.
Shahan stated total operation cost is about $20,000 to operate the boathouses and
Shanklin asked all of it.
Shahan stated yes for the one area. That includes electricity and water.
Shanklin asked if that was School House Slough and the other one.
Shahan stated no just the Robinson s Landing area. I m not talking
about anything pertaining to
School House Slough.
Shanklin stated we are generating $48,000 and it cost of $20,000 so we are making
Shahan stated $28,000. The boathouses and dry stalls bring in another $10,000
each. We are
generating about $40,000 after all the operation expenses. To move everybody out and make the
improvements you are talking $49,000 income we will be losing.
Shoemate asked how much will we get back from other campers.
Shahan stated in one year we will lose $49,000. We can re-establish it and
campers to start regenerating the money. This was the attempt two years ago in attempting to get
someone from the outside to create those improvements.
Drewry asked if you had to get rid of everything to include the boathouses, stalls
Shahan stated no just the camping area.
Drewry stated so you will still have income from the boathouses and the stalls.
Shahan stated approximately $8,000 from the boathouses and $9,000 from the dry stalls.
Drewry asked if this comes out of that.
Shahan stated no.
Drewry stated the $49,000 is strictly camping.
Shahan stated correct.
Patton asked if he meant the trailers and stuff back north.
Shahan stated just Robinson s Landing. Just Robinson s Landing.
Patton stated I understand, but what about the ones that are to north where the bathroom
where the store use to be.
Shahan stated it would be to the west of the store.
Drewry stated we are not saving the $20,000 that right now it is costing us.
Shahan stated to maintain it, manage the property, and pay for the electricity and
Drewry asked if that came out of the $49,000.
Warren stated so basically we are going to take a loss for a year or a year and a
half. Then we
will be back to where we were, but we will be in control.
Shanklin ask Shoemate what he thought.
Shoemate stated he wouldn t have a trailer on that lake.
Purcell stated but the loss isn t $49,000 it is a net of $29,000. If
you are making $49,000 in
revenue and it is costing you $20,000 to do your other stuff you are going to save the $20,000
you will lose the $49,000 so you are going to lose a net of $49,000 for the year. Is that correct.
Shahan stated correct.
Shanklin stated so there will not be maintenance during that year out there.
Shahan stated yes there will be.
Shanklin stated I went through the first one when we had the britches put on us. It was by the
guy that had Shahan s job. I just hate to see it happen again, but I can t say, unless
don t like this individual, he is not coming forth with the program that you should put out an
RFP, I think he did, which you wanted to see and you didn t get anybody to come in with it.
Shahan stated that is correct. The standard in which I m expecting no
one wants to pay.
Everybody has been at the lake. You have seen the private operation that is starting to take place
up around the house which has lighting, pads, and everything an RV operator wants. It is at the
supreme level. Our expectation is for the City to make improvements to the campsite like the
private operation have done. No one wants to pay to do that.
Shanklin asked if he wants the standard that is being set there now at the north
Shahan stated no.
Shanklin asked if he had ever looked up and tried to find when the Oklahoma State
came here and we had a two day session at the library and he said there will come a time when
you will have to let some out so you can let some in on this lake.
Shahan stated he wasn t here.
Shanklin stated what I see, but I m never there on the weekends, Council it
is your deal, Keith I
don t hear you talking. Bill you live out there and your at the lake.
Jackson stated the comment of non-responsive needs to be removed. Mr. Smith
responsive in the original bid that went out almost two years ago. We worked a long time trying
to get something progressive and it just didn t work out to legal s interpatation as well
Then we went back out for proposals again and it s not that Mr. Smith was non-responsive
this is what he wants to do now. It doesn t come to the standards you are looking for. Mr.
Smith wants to take over the operations of Robinson s Landing as is to establish himself as a
concessionaire and in the future come up with a development plan at that time.
Shoemate stated I have no problem with Mr. Smith taking over the operation, but my
concern is putting more trailers out there. We ve got the only ugliest lake in the state.
around all the other lakes and the shorelines are clean. You drive around ours and it looks like
ghetto district. Mr. Smith is making a proposal of opening the store, clean it up, and clean up
some of those areas. If that is all there is to it I would be for it, but if it is going to put
trailers out there then no.
Jackson stated there would be.
Shanklin stated they have had six or seven months is the only thing that bothers
me on this now.
We get to the season to open up and we got it on the table again. I don t know
whose fault that
is, but it damn sure isn t mine.
Warren stated if we leave it exactly the way it is, go in and remove everybody, start
campers through like we do supposedly everywhere else, do minor improvements we are making
a profit every year of $20,000. If we accept the proposal we will get the exact same thing we
have right now, but only make $6,000. Why would we what to consider doing that. If you read
this the plan doesn t even involve actually opening the store other than letting someone else
open it. If this is what is going to happen we can keep making the profit of $20,000 and let
someone else open the store. I don t understand why we would want to do the proposal if
making $20,000 profit right now. If we can t get a better offer than we should probably
we are doing.
Shanklin stated that is what I was saying about that 2 and 3% that is absolutely
Smith, Terry stated let me thank Council for listening to me whether or not you pay
attention or believe what I have to tell you. I don t think I was non-responsive. I
don t believe
that your RFP said that you had to add any new development to the area. I don t believe
in there. I m I correct. Did you read it?
Jackson stated he read it today. It wasn t a requirement.
Smith stated it definitely was not non-responsive. If you would like to turn
me down because
what I have to offer is not the quality you want that is different. You start speaking of
expenses you have out there and I m not sure you mentioned any expenses for insurances,
management of the area or the gentleman that manages the area. I don t believe any of those
salaries are tied into those dollars you are quoting as profit are they. We put together a decent
program two years ago and could not reach a point we all agreed. When I looked at it this time
said okay how do I play within the rules and boundaries you put out there. I didn t have
change any specifications on the camp grounds because we are not adding any camp grounds at
this moment. I was willing to accept the verbiage in the agreement so it didn t have to
changed. I want to go out there and clean up the area and make it presentable. Maximize
camp spaces that are out there. Re-open the store, clean it up and get it operational. Spend
couple of years operating the area to get a track record of the financial income and the expenses
so I have something that I look at from a business perspective and say alright we need a new
store out there, we need gasoline, and we can fund that based off these dollars. I m not
have been successful in leasing out the store since you last concessionaire left.
Shahan stated we haven t been able to present it because we have been working
Smith stated since Larry Meese left the store had been open, but nobody seems to
be able to
continue to operate it. It has been empty for almost two years. The last guy out there basically
sold beer. I m not sure we have had a decent store since Mr. Meese. I m offering
opportunity to go out there and try to do that given that opportunity. In the contract any
improvements we make we give back to the City. Starting from day one if for some reason the
City decides you want the property back or we have to give it back. We have to work from thirty
years straight line depreciation. So the capital improvement dollars we are willing to put in
down hill everyday from the first day we put it in. There is no opportunity, other than the rent, to
draw that back. When I go out in the local economy and buy residential property my asset grows
everyday instead of going down hill. But if you have a better project and Council see fits to
this clean up, new campsite and new areas at that level you will not have me to stand in your
way. You have had since 1996 or 1998 to get this program involved and it doesn t look like
have made any progress at all. So before you turn it down I think you need to look and see what
you have out there and what you have had out there and how many people are willing to take it
and give it a shot. I believe I m the only one that has tried in the last two years. Thank
Jensen asked what the motion was.
Purcell stated the motion was to reject the bid.
Drewry asked if all the expenses are included in the dollars.
Shahan stated he didn t estimate his salary or those who oversee it.
Drewry stated but everything else.
Shahan stated yes.
Shanklin stated it is known as RFP, Request For Proposal, those have been taken away
We don t get to see those until we get down here like this tonight. Do you know what
Request For Proposal was? I don t. Do you know Mr. Jackson? Do you know Mr.
No no no we don t. The Mayor took that away from us about fifteen years ago. We
don t get
to see it until they bring it to us. Now probably on a four or five million dollar road I don
to see it. No I wouldn t know where to begin. But something like this we should be
able to look
at it and see if this is really what we want or is this one individual so called the way he sees it.
We had a Lakes and Lands Commission and in the first contract there was a human cry right
across the street over here because they had no input, zero, when that contract was put out.
Didn t have a word in it. Isn t that right Mr. Mayor? Do you remember
it? You and I both sat
right across over there.
Purcell stated he didn t know what Shanklin was talking about. How did
I take away the RFP?
Shanklin stated we are talking about the RPF on School House Slough. Well it
Purcell asked if the draft proposal on the draft RFP came to council. Didn
t we make this RFP
the same as the one we did for Lake Lawtonka? I thought that was why we went through that
whole drill the last time.
Shanklin stated Mayor you have forgotten you took that away from us.
Purcell stated he didn t take anything away. He doesn t know what
Mr. Shanklin is talking
Shanklin stated it was your agenda item that we don t waste time bringing the
RFP to council.
Bring it only when the contact is ready to be let. I ll get you the minutes.
Purcell asked when we went out with this contract and RFP wasn t this done
the same way the
council had directed. Council directed it be the same kind of contract that was issued for Lake
Lawtonka. We got them in line because we didn t want the same problem that happened several
meetings ago at Lake Lawtonka where at the end of the contract we had to pay to buy it. Wasn
that changed and isn t this the same proposal.
Shahan stated yes. The original RFP was approved prior to submitting it to
Purcell asked if council approved it.
Shahan stated yes.
Purcell stated we approved the RFP for this very reason, so we didn t get here
tonight and be
told we never approved the RFP. We need those minutes also. Would you find the minutes
where the council approved the RFP.
Drewry asked if we should table this until we have a chance to look it over.
Warren stated it still comes down to the fact do you want to give up $20,000 profit
regardless of what the RFP said or didn t say.
Drewry stated that is true, but we do want something done.
Warren stated that doesn t mean we need to chance this. We need to just
deny this and build a
new one or whatever.
Purcell stated deny this and maybe write a better RFP that explains exactly what
we expect them
to do for improvements. Maybe that is the right to go.
Patton asked if we really thought we would get someone too re-bid if we are going
to change it
for someone to put some money into it. We couldn t get anyone to bid when we said you don
have to really put something into it, but now we want you to put something in. I think we are
spinning our wheels.
Jackson asked Shahan where he would get the money to rehab Robinson s Landing.
Shahan stated he doesn t want to run the operations at Robinson s Landing. I m trying to
clarify, based on the RFP presented; we are going to lose revenue. I don t think we will
revenue in the future if we can develop something with him. I felt I needed to be clear that if
give it to this concessionaire immediately there will be a reduction in revenue base on what we
are operating right now.
Shanklin stated Council ya ll just stated you have not seen the RFP. You
still not going to look
at it so how would you know. It s that simple. Do what you have to do.
Purcell stated lets take a vote on the motion. You can either reject it or
accept it and we will go
MOVED by Warren, SECOND by Drewry, to reject the bid for Robinson s Landing Concession
and direct staff to bring a revised RFP to Council for discussion before it goes out to the public.
AYE: Patton, Haywood, Warren, Shoemate, Hanna, Drewry. NAY: Jackson, Shanklin.
Jensen stated for the record your motion was not to reject the bid as non-responsive. The motion
was to reject the bid.
Warren stated that is correct.
Purcell stated and to bring another RFP to council before it goes to the public.
Shanklin stated he would like to see the one that supposedly we saw already.
Purcell stated we are going to. We will bring it to the next meeting. We
will agenda an item or
send it around to each of you along with the minutes of that meeting where council approved the
Drewry asked in the School House Slough area are the trailer houses allowed to live
in that area
Shahan stated no.
Drewry stated but they do. So what do we do? I mean those people live
Jensen stated I think code amendments were drafted a couple of years ago that prohibit
those spots as full time residents.
Drewry stated but there is more and more of them.
Warren stated yesterday I was out there on the eastside of the lake just north of
area. It is where there is a City of Lawton sign that say Limited Use Area where the
are parked that have skirting on them with ricks of woods beside them, patios, and porches.
Patton asked if that area was the concessionaire. Do we have any control over
Warren stated no this is north of the concession area where it says City of
Licenses Are Required.
Shahan stated you are talking about the boat club area. That is a private operation.
Jackson stated you are talking about that little circle out there that circles around
Warren stated no north of the boathouses.
Shoemate stated between the Yacht Club and the concession.
Warren stated yes.
Jensen stated he didn t believe there was anything in the concession lease
that allowed a
concessionaire to let somebody live on the premises.
Drewry stated she would hope not.
Jensen stated he knows there are code sections that prohibit that.
Jackson stated let me explain. I have a trailer out there and I m out
there quite a bit. I know a
third of the people and I don t think anybody actually lives out there.
Drewry stated oh yes they do.
Jackson stated I don t think they actually live out there. I know some
people that move out there
in February and stay through the summertime. But that is not year round.
Patton stated they don t get their mail there do they.
Jackson stated they do not and that is not living out there year round.
Drewry stated well there are people who live out there I know because I have talked
Shanklin stated they do at the north end.
Haywood stated we can send Griffith out there he can clean it up.
Purcell asked if we were done with lakes for tonight.
Drewry stated yes.
Jackson stated School House Slough is a successful operation. Like it or not
it is successful. A
lot of people use the benefit of the lake as recreation and that is what the intent was. That
there is so much discussion about Robinson s Landing. School House Slough is successful
they are trying to make Robinson s Landing just as successful and provide an area for recreation
for the community.
Shoemate asked but why is it so successful. Ninety-nine percent of the money
is going to School
House Slough and not Robinson s Landing.
Jackson stated that is right.
Shoemate stated that makes a difference.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
Shoemate stated since no one contacted me I took it upon my own and choose Laurie
Road. Be there this Saturday at 9:00 a.m. at Gore and Laurie Tatum.
Purcell stated okay council bring you work gloves. Trash Off for the City of
Lawton is Saturday.
Then everyone can go to McMahon and see what is going on over there. This is
where the trash
will be collected.
Shanklin stated he had four items to discuss. First I do appreciate Mr. Porkorney
telling us about
trying to instill a little pride in Lawtonian s. I would like for all of us to do our part
in helping to
keep Lawton beautiful or help clean up Lawton. If we ever get it cleaned up then we can call it
beautiful. I think a hotline would be a good deal. Before we do that we have to commit
ourselves from the City Manager down that they want to do it also. I did get the mattress picked
up. The next morning it was picked up but it laid out there for 3 or 4 months. It lay out
because it wasn t mine. We can t have the attitude of that doesn t belong to
me. If we are
going to clean it up we have to clean it all up. Another thing that worries me is the trash that
see from the new dumpsters along side of it that is being left. How are we going to handle that?
Do we expect some of these people to take it out to the dump or stick it in one of my dumpsters
or your dumpsters or whatever.
Mitchell stated your city code says if it is not in the dumpster we don t pick
Shanklin stated well the city code could be changed.
Mitchell stated yes it could.
Shanklin stated there needs to be some input from your end as to how we can help
the city from
that end. I talked to the men and they said it was the nastiest they have ever seen it.
Mitchell asked where.
Shanklin stated where they have alleys and pickup other than those 95 pounders.
Mitchell stated the old ones.
Shanklin stated yes. They are probably not going to tell you and I don
t know if they know who
I am and it doesn t make any difference. The city is dirtier now than I have ever seen it. Do you
Hanna stated yes.
Jackson stated it is picking up.
Haywood stated yes.
Patton I don t think so. I really don t.
Shanklin stated well then you don t live in my part of town. I know that
we are and like Mr.
Porkorney says we have to start somewhere so let s do something. Another thing is we have
Trash Off and we are not going to pick up paint thinner and those items. If we don t pick
up and get rid of them what are they going to do with them?
Drewry stated drop them off at McMahon.
Purcell stated they can drop them off Saturday at McMahon Auditorium and the proper
are there to get rid of them.
Shanklin stated he was talking about during the year. I m talking about
during the course of the
year not just this Saturday. This is Trash Off and it says stains, thinners or lacquers will not
Ihler stated we do not pick those up and put them in the trucks. We ask the
individuals to bring
them to either McMahon when we have clean up or we have a location at the landfill or we have
a special location at the Public Works yard on the north west side of the animal shelter.
Shanklin stated what I m trying to say is if we are not going to handle it
Mitchell stated we can t handle it.
Ihler stated at some point and time the citizens have to take some responsibility.
Mitchell stated paint cans and lacquers cannot be thrown in the back of the trucks.
Ihler stated that is correct.
Drewry stated if they have three locations they can take it then it shouldn
t be a problem.
Shanklin stated they hide it in the dumpster. If I want to get rid of some
paint thinner in the
winter I can just throw it in and throw stuff on top and it goes over into the truck. Now Mr.
Manger what do we do.
Mitchell stated if we find it we will fine them. DEQ and EPA will not allow
us to throw it in the
Ihler stated that is correct.
Warren stated you have to make an effort to keep it out.
Shanklin stated another thing is I didn t know that we were taking pictures
and giving citations.
We take a picture of junk and debris or whatever with them even knowing it and going back and
sending them a letter. Is that re-active or pro-active.
Mitchell stated it is both.
Shanklin stated he didn t know that the council ever agreed to pro-active. We have taken some
votes here several times right around here at this time of the night.
Mitchell stated a picture is taken for proof to the courts.
Shanklin stated when I come by there and take a picture of you with your motorcycles
there when they shouldn t have been and then I come back down here and find out they belong
to you and send you a letter putting you on notice that you have a citation coming because I have
a picture of you and your motorcycles.
Warren stated this is done all the time. We have done this for years.
Mitchell stated when you go to court you have to have evidence and proof.
Warren stated when we mow yards we take before and after pictures.
Shanklin stated not to just give a citation. We haven t done that.
Warren asked why we would not want to. Is it better to send somebody a letter
Shanklin stated you are cheerleading me now. I don t want to hear that
Warren stated no I m not. I want to know. It makes no sense at
all to say you should send
somebody a letter, but don t include a picture of the violation. That is crazy.
Shanklin asked what have we done for ten years.
Hanna stated we have been sending a letter with a ten day warning to correct the
problem or you
will get a citation. Now you open your mailbox and there is a citation waiting on you.
Drewry stated if we don t take the picture the newspaper will.
Shanklin stated he saw Griffith here a while ago. You ought to know Mr. Manager
do we do that
now. Take a picture of everything.
Mitchell stated yes for proof of the violation.
Patton stated that is exactly right.
Haywood stated we have to give them a few days of warning.
Shanklin stated on my camera I have thirteen people on one job.
Purcell stated we sit around the council and tell them to go clean it up and then
when they go
clean it up we don t want them to take pictures to clean it up. It doesn t make any
sense to me
Shanklin asked the Mayor what we did for fifteen years.
Purcell stated we didn t do anything and people would say I didn
t have that there. I mowed it
before they came. We heard that over and over and over. So now they take a picture
on the day
they looked at. Mail them a warning and stating fix it.
Hanna stated what we are saying is they are not getting the warning. Just a
Jackson stated every single one of us have come and said why is it taking so
long to get the
grass cut at 407 Euclid. I think we all have tried to figure out a way where it doesn
t take thirty
days. I want the high grass mowed.
Shanklin stated certainly, but I m talking about just driving down the street
and saying oh there
is some junk and debris and that old man is 85 years old. I m going to take a picture
of that and
Jackson stated I hope that is not the case.
Shanklin stated well it has happened.
Jackson stated if high grass is at 407 Euclid I want it cut. I don
t want to wait thirty days.
Patton stated he agrees, but the problem is we have had a lot of rain. There
are only so many
crews and when you get the rain you get behind. Stuff starts stacking up on you. I understand,
but what I don t understand is we had a conversation about how Lawton is the trashiest it has
ever been but then when we send people out to try and do something we are like well let s give
them a warning or lets give them a chance.
Shanklin stated well let s alienate everyone we can Mr. Patton.
Patton stated I don t want to do that, but you have to do something. Don
t sit around and
complain about the town looking bad unless you want to do something about it.
Drewy stated that s right.
Warren stated you can t have it both ways. Your enemies can t be
treated one way where you
want somebody out there tomorrow writing them a citation. Then the next day your friend gets a
citation and you say well they gave him a citation and you weren t suppose to do that. The
are the rules and that is the way it is. To say that you shouldn t take a picture of a violation
send it to somebody just makes no sense at all.
Shanklin stated I ve been down here as long as you and I know how we have done
it since 1985.
Warren stated they didn t have digital cameras back then and very few computers.
Shanklin stated no, but we didn t have the animosity among the clientele.
Warren stated so the animosity is the citizens don t want us to clean Lawton
up. They don t
want us get violators because they want vote for a tax issue. There s some logic.
Purcell asked Mr. Shanklin if he had anything else.
Haywood stated the Lawton Inter-Denominational Choir was at Bethlehem Church on Saturday.
They had a Sara Hall Day. They had the choir that was there for twenty years. People
back from all over the United States. It was just wonderful. Ms. Sara Hall taught piano
in her studio and for Lawton Public Schools. She taught my son who writes songs so I appreciate
that. I want say thank you to Mrs. Sara Hall for all the work she did and all the churches that
have musicians. I would like for Bob from Pleasant Valley to come tell everyone what we are
having on Saturday.
Bob stated Saturday morning from 10:00 to 4:00 at Verda Cook Park we have the South
Youth Rally. It is sponsored by the Lawton Police Department and Housing Authority with a
number of other volunteers. It is for the youth of south Lawton. I would like to see as
the councilmember s and the city manager present. This is our ninth year and we ve
little bigger each year. We do have a good attendance. We will have a Ferris wheel, the moon
bounce, the titanic, Stitches, Teen Challenge and it is a pretty good operation.
Haywood stated they come from all over Lawton not just from south Lawton. We
everyone. We don t turn anyone back. They have lots of hot dogs and hamburgers.
Purcell stated I have discussed Trash Off and we need all the media support we can
get. We have
lots of people who will be picking up trash from the roads. The City will be receiving two
awards. One is the Technical Innovation Award from the American Public Works State Chapter
on Tuesday. Ihler will be going to Oklahoma City to receive that award. Our clean air program
contractor, Evergreen Production, will be receiving an award in Washington on May 10
th. I and
Gary Copeland will be going also. We heard today American Airlines has announced that as of
May 1st they will be adding an extra flight out of Lawton. I assume that means an extra
into Lawton, but they only said an extra flight out. The neat part of that is as of June 24th
will be adding two flights a day. Two of seven flights will be regional jets. This is good
for the public.
Mitchell stated Senator Bass s bill, Senate Bill 751,
that provides no interest support on loans
or projects supporting our military facilities passed the House 97 to 2. It has passed both the
Senate and the House and it now goes back to the Senate for the Title and maybe one
amendment. We think this bill is coming out and this is really good news for Lawton and other
military communities. Any project we finance the State will pick up the interest on the
debt for the first five years. Friday morning at 10:00 a.m. we will be closing on our Letter of
Credit at BancFirst for the Lawton Economic Development Authority. This is a $9.5 million
Letter of Credit that will be available for our downtown redevelopment project. We are real
excited about this. This will be a great kickoff to a big project for our community.
Jackson stated we are not talking prairie dogs, animal control
issues and where is our TV now
that we have some good positive issues going on in the City of Lawton.
Purcell stated we have a problem with. Ms. Drewry is
working on this issue. We do need an
Executive Session. There will be four items in Executive Session, but I have one final thing that
I need to say tonight. As you know the Mayor gets lots of phone calls. I know that I get
now than when I was a Councilmember about all kinds of things. Hanna has said a couple of
times about showing some courtesy to citizens let me tell you about a phone call that I received
on Friday. It was from an irate citizen over picking up trash. I asked them to tell me their
and they did and it didn t sound reasonable. I asked if they called their Councilmember
said oh yeah and the answer they gave me was I don t want to hear anymore about that. Go
take a picture and when we have the next tax election go show the picture around. I told
citizen to let me see what I could do. I called and Ihler s people took care of it. The
probably shouldn t have picked the stuff up. It was too big and wouldn t fit in the
truck, but we are trying to finish up the clean up. I call the citizen back and he was happy,
that is exactly what Hanna was talking. I implore to Councilmember s we need to do exactly
what Hanna said.
Shanklin stated to name him he can handle it.
Purcell stated we need to do exactly what Hanna said. We
needed to give him an answer. It
took a two minute phone call to call him back and tell him. He was no longer mad. By not
responding we can create some of these problems on our own.
The Mayor and Council convened in executive session at 8:30 p.m. and reconvened in
open session at 8:55p.m. Roll call reflected all members present except Shanklin.
BUSINESS ITEMS: EXECUTIVE SESSION ITEMS
24. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss the case styled
IUPA Local 24 and Anthony Aguilera vs. The City of Lawton,
Case No. FMCS 070104-52529-8, and if necessary, take appropriate action in open session.
Jensen read the title of item 24.
MOVED by Drewry, SECOND by Patton, moved to adopt the Resolution approving a Settlement
Agreement between the City of Lawton and the International Union Police Association Local 24
and Anthony Aguilera and direct the City Attorney to file appropriate action in District Court to
effectuate the Settlement. AYE: Hanna, Drewry, Jackson, Patton, Haywood, Warren, Shoemate.
NAY: None. MOTION CARRIED.
25. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss a pending tort claim by Job VanWagner and take action in open session as
Jensen read the title of item 25. The City Council was briefed on the facts
and circumstances of
the claim. No action is required.
26. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss the pending investigation, Conditional Administrative Order, and Notice of
Right to be Heard issued by the State of Oklahoma Department of Agriculture, Food, and
Forestry, file No. 07-122 DLS, involving the City of Lawton, and if necessary, take appropriate
action in open session.
Jensen read the title of item 26.
MOVED by Warren, SECOND by Haywood, to approve a proposed informal resolution of
complaint between the State Board of Agriculture, for the State of Oklahoma and the City of
Lawton. The Proposed Informal Resolution requires the City of Lawton to pay a fine of $800.00
for one violation and the other two violations contained in the Conditional Order submitted to the
City of Lawton one will be dismissed and the other deferred. AYE: Drewry, Jackson, Patton,
Haywood, Warren, Shoemate, Hanna. NAY: None. MOTION CARRIED.
1. Pursuant to Section 307B.2, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss negotiations for a Collective Bargaining Agreement for FY 2007-2008
between the Police Union, IUPA, Local 24, and the City of Lawton, and take appropriate action
in open session.
Jensen read the title of item 1.
MOVED by Patton, SECOND by Hanna, as a result of the Police Union s April 19 declaration
of impasse during contract negotiations I move to ratify the City Manager s appointment of John
Vincent to serve as the City s Interest Arbitrator for any arbitration over year of 2007-2008
contract with police. AYE: Shoemate, Hanna, Drewry, Jackson, Patton, Haywood, Warren.
NAY: None. MOTION CARRIED.
There being no further business to consider, the meeting adjourned at 9:10 p.m. upon
second and roll call vote.
P. PURCELL, JR., MAYOR
DENISE EZELL, DEPUTY CITY CLERK