Month 2007-6 June
Meeting of 2007-6-26 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
JUNE 26, 2007 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor Pro Tem Keith Jackson Also
Mitchell, City Manager
Vincent, City Attorney
Hushbeck, City Clerk
Mayor Pro Tem Jackson called the meeting to order at 6:02 p.m. Notice of meeting
were posted on the City Hall notice board as required by law. Invocation was given by Pastor
Kim Hames, First Christian Church, followed by the Pledge of Allegiance.
Shoemate, Ward One
James Hanna, Ward Two
Janice Drewry, Ward Three
Shanklin, Ward Five
Patton, Ward Six
Haywood, Ward Seven (Arrived @ 6:05 p.m.)
Warren, Ward Eight
AUDIENCE PARTICIPATION: Anyone having an item of business to present to the City
Council that does not appear on the agenda, please come forward at this time.
Cheryl Bukky, 1502 SW 8
th Street, stated she is concerned about illegal fireworks within the city
limits. She has seen an escalation over the past few years in her neighborhood. She feels that
people do this because they know that it is hard to catch them and also because most of the time
written warnings are given. She is not against celebrating the 4th of July, but she
people breaking the law. She stated last year they came home from their 4th of July
find all kinds of litter in their yard and rockets embedded in their shingles on the roof. She
surprised their yard did not catch on fire. She suggested they either ban the sale in the city limits
or make fireworks legal in the city limits and have designated areas within the city. She also
suggested they make if known that they will not give warnings, but give out tickets and make the
fines from $250 to $750. They could use that money generated to help beautify the city.
Warren stated he agreed and it gets worse in his neighborhood every year. He
does not think
there are enough police officers on the force to tackle the problem. He does think they could
the littering ordinance to combat the problem. He stated there needs to be a state law that
restricts possession of fireworks.
Drewry stated that they need some time to work on this and come up with a solution.
Jackson stated there is not a neighborhood that escapes the problem.
Patton stated they need to remember that it is illegal to shoot fireworks off in
the city limits
except in designated areas and the problem is bigger than just the city. If they limit the sale,
will just go outside the city limits. This will not stop anyone from buying fireworks and the
will just lose the sales tax revenue. He does agree with Ms. Bukky that they should not be giving
Shoemate stated he does not believe that it works to designate areas.
Haywood stated that anytime you sell fireworks in the city limits it is going to
be hard to enforce.
When they stop selling inside the city limits, they can then enforce it.
Warren suggested that staff bring back an ordinance after July 4
th that would restrict the sale of
fireworks inside the city limits and then they will attack the state problem.
Shanklin questioned if there were figures on how many fires were started from fireworks.
stated it is an American tradition and he is not going to be against it. They could do a little
job of policing it, but the parents should be responsible. He has seen this issue come and go
Jackson stated he does not want to do away with fireworks, but he does think they need to
enforce it in neighborhoods a little better.
Hanna stated for the police to do their job they have to physically see someone lighting
Chief Ronnie Smith, Lawton Police Department, stated they do give a lot of verbal
because they just can t prove that someone fired the fireworks. If they can prove it they
citations. They get 1,500 to 2,000 calls in a weeks time.
Kip Monasee, 1408 SW 10
th Street, stated she is from Georgia which prohibits the sale of
fireworks. She stated they still had the same issue because residents would go across state lines
and buy their fireworks.
Mitchell stated there are representatives from CBA Basketball in the audience and
like to say a few words.
Baron Hopgood, Chairman of the Oklahoma Calvary, LLC, stated they are excited about
to Lawton and bringing a quality game to Lawton. He introduced the President and General
Manager, Otis Birdsong and President and CEO of the CBA, Ricardo Richardson.
Haywood questioned how many home games they would be playing in Lawton.
Mr. Hopgood stated they will play 24 regular season home games.
Jackson questioned if this decision has been made.
Mr. Hopgood stated they have met with the Fair Board and they are putting together
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR
MEETINGS OF APRIL 24, MAY 8 AND JUNE 12, 2007.
MOVED by Hanna, SECOND by Drewry, to approve the minutes of April 24, May 8 and June
12, 2007. AYE: Patton, Warren, Shoemate, Hanna, Drewry, Jackson, Shanklin. NAY: None.
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 Warren, SECOND by Haywood, to approve the Consent Agenda. AYE: Haywood,
Warren, Shoemate, Hanna, Drewry, Jackson, Shanklin, Patton. NAY: None. MOTION
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: Ramona Shegog in the amount of $119.00, Ruben Padilla-Cardona and Dominga Gloria
in the amount of $1,837.18
(Res. 07-87), Rigoberto Machado in the amount of $383.82 and
Marianne and Scott McGinnity in the amount of $1,548.73 (Res. 07-88). Exhibits: Legal
Opinions/Recommendations, Resolution No.___ and Resolution No.___.
2. Consider the following damage claim recommended for denial: In Son Pang in the amount
of $2,783.66. Exhibits: Legal Opinion/Recommendation.
3. Consider adopting a resolution approving a proposed settlement
and authorizing the filing of
a joint journal entry to make payment in the pending lawsuit of Anthony Zinn, Case No., CJ-2005-1108,
against the City of Lawton. Exhibits:
Resolution No. 07-89.
4. Consider adopting a resolution authorizing the City Attorney
to initiate a foreign judgment in
favor of Sean McDougle in the amount of $16,733.10 of the total $24,420.50 award and ratifying
the actions of the City Attorney and the City Manager in directing our third party administrator to
make weekly payments on the balance of the judgment in the Workers' Compensation case of
Sean McDougle in the Workers' Compensation Court, Case No. 2006-06051 R. Exhibits:
Resolution No. 07-90.
5. Consider approval of the Retainer Agreement for Legal Services
between the City of Lawton
and Leah S. Terrill-NesSmith and authorize the Mayor and City Clerk to execute the Agreement.
Exhibits: Retainer Agreement for Professional & Legal Services on file in City Clerk
6. Consider approval of a request from the United States Department
of the Interior, Bureau of
Indian Affairs, to provide comment regarding an application on acquisition of property into tribal
trust land, and authorize the Mayor to comment and respond to the Bureau of Indian Affairs.
Exhibits: Letter from Bureau of Indian Affairs dated June 6, 2007 and Map of property
7. Consider approval of a request from the United States Department
of the Interior, Bureau of
Indian Affairs, to provide comment regarding an application on acquisition of property into tribal
trust land, and authorize the Mayor to comment and respond to the Bureau of Indian Affairs.
Exhibits: Letter from Bureau of Indian Affairs dated June 8, 2007 and Map of property
8. Consider authorizing the Fire Department to accept the
second phase of grant funding from
the State Office of Homeland Security as well as all remaining grant funding associated with the
purchase or acceptance of a fully equipped Technical Rescue Trailer (TRT), auxiliary rescue
equipment, and tow vehicle. Exhibits: None.
9. Consider approving annual contract renewals between the
City of Lawton and the following:
County Commissioners (re: Juvenile Detention Center); J. Roy Dunning (re: Children s
Shelter); and Roadback (re: Detoxification Center); Lawton Crimestoppers, Inc. (re: Funds from
sale of property in police custody.) Exhibits: Copies of contracts are located in the City Clerk
Office for review.
10. Consider adopting a resolution extending the present five
percent (5%) Emergency
Telephone fee through June 30, 2008. Exhibits:
11. Consider accepting the Elmer Thomas Park Stage Construction
Project #2006-13 as
constructed by H.G. Jenkins Construction, Inc. and placing the Maintenance Bond into effect.
12. Consider approving an agreement with Graham & Associates
for professional engineering
design services for the Lake Ellsworth Pump Station Electrical Project #2007-5. Exhibits:
13. Consider approving the annual Cooperative Agreement and
an Agreement for Limited
Funding between the City and Transit Trust to provide funds for the operation of a public transit
system and authorize the Mayor and City Clerk to execute the same. Exhibits: Cooperative
Agreement and Limited Funding Agreement are on file in the City Clerk s
14. Consider approving the construction plans for an 8-inch
waterline extension to serve
Independence Place Apartments located at 3502 East Gore Boulevard. Exhibits: None.
15. Consider approving a Memorandum of Agreement between the
Department of Health and the City of Lawton for Public Health Services and authorize the Mayor
and City Clerk to execute the document. Exhibits: Memorandum of Agreement on file in the
City Clerk s office.
16. Consider accepting the Workforce Investment Act (WIA)
Youth Program Activities
Grant from the South Central Oklahoma Workforce Investment Board (SCOWIB) for the FY
2007-2008. Exhibits: Youth Services: Education, Employment & Empowerment Budget (YS!E
and YS!E3 Case Manager Duty Narrative.
17. Consider approving Agreement for Limited Services with
the Museum of the Great Plains.
Exhibits: Agreement for Limited Services.
18. Consider awarding (CL07-037) Hydraulic Excavator, 15,000
lb. Class to C. L. Boyd
Company, Inc., of Oklahoma City, OK. Exhibits: Department recommendation, abstract of
19. Consider awarding (CL07-055) Cone Valve w/ Hydraulic Cylinder
to Rodney Hunt
Company, Inc., of Orange, MA. Exhibits: Department recommendation, abstract of bids.
20. Consider awarding (RFPCL07-051) Rental or Lease of Work
Clothing to Cintas
Corporation of Lawton, OK. Exhibits: Department recommendation, cost comparison.
21. Consider awarding (CL07-057) 12 High-Pressure Pumping
Unit to Kinnunen Sales and
Rental of Stillwater, OK. Exhibits: Department recommendation, abstract of bids.
22. Consider extending the contract (CL07-002) Lawton Arts
& Entertainment Magazine with
ColorGraphics THE PRINT SHOP, Inc., of Lawton, OK. Exhibits: Department
Recommendation, Price Bid Sheet, Contract Extension Form.
23. Consider extending the contract (CL06-066) Rental of Portable
Restrooms with ARA
Equipment Rentals of Lawton, OK. Exhibits: Department Recommendation, Price Bid Sheet,
Contract Extension Form.
24. Consider extending the contract (CL06-064) Liquid Oxygen
with Airgas Mid South, Inc.,
of Tulsa, OK. Exhibits: Department Recommendation, Price Bid Sheet, Contract Extension
25. Consider extending the contract (CL07-001) Precast Concrete
Manholes with Nance
Precast Concrete Products of Piedmont, OK. Exhibits: Department Recommendation, Price Bid
Sheet, Contract Extension Form.
26. Consider approving appointments to boards and commissions. Exhibits: None
27. Consider approval of payroll for the period of June 4
28. Consider an ordinance amending Section 15-5-503, Article
15-5, Chapter 15, Lawton City
Code, 2005, by removing the exceptions related to lots zoned R1 or R2, providing for
severability, and declaring an emergency. Exhibits: Ordinance 2007-___.
Vincent stated staff was directed at the May 22
nd meeting to prepare this item at the request of
Councilmember Shanklin. This ordinance will prohibit parking of vehicles in over 50% of your
yard in any zoning district in which the primary residence or primary structure is used as a single
family or duplex residence, no matter what the zoning district.
Patton questioned what exactly was changed.
Vincent stated it originally only applied to one and two family residences in R-1
and R-2 zones,
but there are a lot of areas in Old Town North, Liberty Heights, Fields and Dunning, North
Addition and other places where they had been zoned R-3 or R-4, but they still have single
family residences. This gave them a loophole to the parking limitation.
Shoemate stated this calls for a compliance period. He hopes they don
t arbitrarily start jumping
on residents within a week. He stated some of these people may be on fixed incomes and may
not have the money to fix their parking situation.
Vincent stated it does have an emergency clause which means it would go into effect
immediately. However if the City Council chose to remove the emergency it would have a thirty
day grace period. He stated staff was instructed to remove the compliance period.
Jackson questioned if a thirty day notice was sufficient.
Shoemate stated many people don t have the money to lay a hard surface.
Warren suggested they go ahead and pass this ordinance with an emergency clause but
direct staff to only issue warnings for thirty days.
Shoemate stated he does not believe that thirty days is enough time. They get
a social security
check once a month and that check may be spent before they get it. He would rather give them
Vincent stated they can establish an effective date in 90 days.
MOVED by Hanna, SECOND by Shanklin, to adopt Ordinance 07-39, waive the reading of the
ordinance, read the title only and declaring an emergency and establish a 90 day notice period.
AYE: Warren, Shoemate, Hanna, Drewry, Jackson, Shanklin, Patton, Haywood. NAY: None.
(Title read by City Attorney) Ordinance
An ordinance pertaining to nuisances and health amending Section 15-5-503, Article
Chapter 15, Lawton City Code, 2005, by removing the exceptions related to lots zoned R1 or R2,
providing for severability, and declaring an emergency.
29. Discuss and consider reimbursement in the amount of $24,412.87
for financial loss caused
by flooding and overflow from the drainage canal on two occasions, occurring March 29, 2007
and May 7, 2007, to the Lawton Community Theater housed in the City owned building, 1316
NW Bell Avenue, and take action as deemed necessary. Exhibits: Letter from Lawton
Community Theater President Elect Alan Jolly, June 13, 2007 and Estimates for repairs and
restoration to the theater.
Mitchell stated this item was placed on the agenda by Councilmember Patton. He
portion of the lease agreement with Lawton Community Theater and a floodplain map.
Patton stated he has noticed over the course of several years that the City Council
donations to organizations in the name of economic development. He stated that Lawton
Community Theater is housed in a building that the city owns, but they do all of the maintenance
themselves. The City has, in the past, helped them with the roof and a parking lot, but they have
never received any type of consistent funding from the City of Lawton. He stated they are a self
sufficient group and are an asset to our community.
Tom Sutherland, President of the Lawton Community Theater Board, conducted a short
presentation. He stated when they looked at this data they discovered it only takes a 2-inch
rainfall in a 24 hour period for them to have problems.
Drewry questioned if they spend this money and make all of these repairs, will they
just have to
do it again?
Warren stated no matter what they do, the building is still in a creek and will still
stated a normal rain fall will cause this to flood. He feels if they are going to do something,
suggested they find some land which the city owns that can be used for a community build
project and build a new theater. This community has come together for a lot of things and he
feels this can be accomplished.
Drewry stated they are asking for a reimbursement of money that has already been
Warren stated he would be willing to refund that money, but use it as rent for a
new building or
seed money and put together a community build.
Shanklin stated the creek that floods the theater has been developed for 40 years. He stated there
can be a wall put up. He is going to support the payment of the $24,000 because these people are
voters and the City has spent $300,000 for skateboarders and he does want to fund this. He
would like to look at a way with our engineers to build a retaining wall. He can see how it can
Ihler stated the building is entirely surrounded. Building a wall in front
would help during
smaller storms, but basically they would have to build a mote around the building to keep the
water out. He stated if they made the improvements that were identified in the 2003 flood plain
report by Carter Burgess, the cost would be approximately $12 million. He stated you would
have to make improvements all the way downstream to improve this location. He suggested they
look at another location to house the theater.
Shanklin stated it is still the same water coming off of the same buildings and the
same area that
is coming down that channel.
Ihler stated that the capacity that comes through Bell Avenue is about four times
capacity of that structure is in a ten year storm.
Shanklin stated that in 1948 or 1949 they put in the three boxes at 9
th and I Avenue and that is the
creek that runs by Salas . In 40 or 50 years they have gone out there and spent hundreds
thousands of dollars for other people to develop and flood us. When do when get to come back
and sue somebody to either correct what they are putting on me or buy me out. How do we get to
continue to flood the people in the older part of town just because you don t like us.
Vincent stated he has told developers that under current Oklahoma law, if they flood
down stream they can be held liable by the person that they flood.
Shanklin questioned if that meant the developer or the city that allowed them to
Vincent stated it would be the developer. The upstream developer is responsible
downstream people. He stated this is a general rule of thumb in the state. There is a specific
exemption in a tort claim act and that is the only thing you can sue a city under right now in
Oklahoma for acts of God.
Drewry stated she is all for supporting and reimbursing some of this money that they
would like for them to consider trying to find another location. She stated in her ward a lot
areas are being flooded because of new development and it is happening all over.
Hanna questioned where they were going to get the money to pay for this.
Mitchell stated staff has identified the Repair and Maintenance Account and another
source would be the remaining balance of the hotel/motel money if they consider that to be
Hanna questioned if that hotel/motel money was incorporated in the carry over.
Mitchell stated no, that is a dedicated fund. He stated there is an auditorium
in the old Lawton
High School that will seat 500 people and would be an excellent location for a community
theater. He stated they are only looking for $1 million to renovate the auditorium.
Vincent stated because of the way the lease is written, if they want to give Lawton
Theater a source of funds out of hotel/motel, economic development and tourism, the City would
need to amend the lease and make the City a co-sponsor of the Lawton Community Theater.
Haywood stated the building has a lot of history and he has known that the channel
is a problem.
The City is working to eliminate some of these problems because it takes a lot of money. He
feels that Lawton Community Theater needs their own building where they don t have to worry
about who is going to be using the auditorium. He does support the reimbursement of this
Warren questioned if the building had a crawl space.
Haywood stated it is on a slab.
Patton stated there are really two issues here. One is the reimbursement of
these expenses and
the much bigger issue is the venue. He stated the theater is still just a converted gym even
though they have worked really hard to make it into a nice theater. When they have larger
productions they have to move to Cameron because they just didn t have the room. He stated
they need and deserve their own stand alone theater. He stated he would feel more comfortable
taking this money out of the hotel/motel funds from an economic development and tourism
standpoint because the Repair and Maintenance account does not have a very large balance. He
questioned what they would need to do tonight to amend this contract.
Vincent questioned if those from Lawton Community Theater could possibly wait for
and staff will work on a possible contract amendment.
Mr. Sutherland stated they can wait and will go about producing shows and doing what
Shanklin stated they could take it out of contingency fund with the idea that they
will take it out
Hanna questioned who owned McMahon Auditorium.
Vincent stated the City of Lawton owns it.
Hanna questioned why they could not use that auditorium.
Patton stated the problem with McMahon Auditorium is that there is a stage hand union
and it is
so cost prohibitive to do anything there. It would be a perfect venue.
Haywood stated they just used McMahon Auditorium for the Juneteenth celebration and
the curtain they had to pay $50 and hour, to turn on the lights they had to pay $50 and hour and it
will come out to be at least $400.
Patton questioned why we were still involved in this.
Jackson stated they are getting off track and the question is if LCT can wait the
thirty days for
the amended lease.
Mr. Sutherland stated they could wait for thirty days.
Shanklin stated he would like to pay this out of contingency fund hoping that they
that with the hotel/motel tax.
Drewry questioned if they can do it that way.
Shanklin stated yes, they can pay it out of contingency, but they can later get the
money out of
the hotel/motel tax and reimburse the contingency.
Vincent stated that would work as long as they sign the contract amendment.
MOVED by Shanklin, SECOND by Patton, to reimburse Lawton Community Theater for
financial loss in the amount of $24,412.87 to be paid out of contingency fund and later taken out
of hotel/motel funds with the understanding that a new agreement will be drafted within 30 days.
AYE: Shoemate, Hanna, Drewry, Jackson, Shanklin, Patton, Haywood, Warren. NAY: None.
Patton stated he would like to have an item on a future agenda to talk about McMahon
30. Consider an ordinance pertaining to restrictions on skateboards,
roller skates, and in-line
skates, creating Section 19-7-713, Article 19-7, Chapter 19, Lawton City Code, 2005, imposing
restrictions on the use of skateboards, roller skates and in - line skates on City property,
providing for severability, codification, and declaring an emergency. Exhibits: Ordinance 2007-___.
Warren stated he asked staff to draw this up a year and a half ago but he wanted
to wait until the
skateboard park was finished. There is a real issue with kids riding skateboards
or in-line skates
on city property prior to the development of the skateboard park and he hoped that would cure
the problem. There are still issues with people using in-line skates and skateboards on tennis
courts or the poles in front of city hall. This ordinance will hold the kids and/or their parents
Shoemate stated that kids have knocked all the plastic coating off the benches at
inside their courtyard. He stated a group showed up at the tennis courts on 38
th Street during a
tournament and refused to leave the premises. People coming in to town for this tournament
were disrupted by skateboarders.
Haywood stated they should be going to the skateboard park.
MOVED by Warren, SECOND by Shoemate, to adopt Ordinance 07-40, waive the reading of
the ordinance, read the title only and declaring an emergency. AYE: Hanna, Drewry, Jackson,
Shanklin, Patton, Haywood Warren, Shoemate. NAY: None. MOTION CARRIED.
(Title read by City Attorney) Ordinance
An ordinance pertaining to restrictions on skateboards, roller skates, and in-line
Section 19-7-713, Article 19-7, Chapter 19, Lawton City Code, 2005, to impose restrictions on
the use of skateboards, roller skates, and in-line skates on city property, providing for
severability, codification, and declaring an emergency.
1. Consider a one year extension of the Retainer Agreement
for Professional Engineering
Services with Chiang, Patel, and Yerby, Inc. Exhibits: Current contract and agreement to
Richard Rogalski, Planning Director, stated on September 12, 2006 the City Council
Retainer Agreement for Professional Engineering Services with Chiang, Patel, and Yerby, Inc.
(CP&Y) to assist the Planning Division by providing construction plan review. This contract,
which was amended on April 24
th 2007 to include traffic engineering, is set to expire on June 30,
2007, but includes a provision for three one year extensions at the same rates and conditions, by
agreement of both parties. Prior to contracting with CP&Y, the average review time for a
construction plat submittal was 39 days. Since that time, the average review time has been
reduced to 25 days. In the budget for the coming fiscal year, there is a provision for an in-house
plan review engineer. However, until this engineer can be hired, it is important to continue with
the agreement with CP&Y.
Shanklin questioned how much money has been spent.
Rogalski stated they have spent $19,000 since September 12
MOVED by Warren, SECOND by Haywood, to authorize a one year extension of the Retainer
Agreement for Professional Engineering Services with Chiang, Patel, and Yerby, Inc. AYE:
Drewry, Jackson, Shanklin, Patton, Haywood Warren, Shoemate, Hanna. NAY: None.
2. Consider accepting a cost recovery check for services provided
to the City of Anadarko in
the amount of One thousand, one hundred, seventy-nine dollars and fifty-two cents ($1179.52)
and authorize the Finance Department to deposit these funds into the Lawton Fire Department
Donation and Reimbursement account (Fund 26) for replenishment/maintenance of HAZMAT
equipment. Exhibits: None.
Chief Bart Hadley, Lawton Fire Department, stated this is an ongoing concern and
with the grant
they received for the regional response unit there is a lot of technical equipment to keep up with.
Very often when they do go out they are able to be reimbursed either through insurance or
through the private company that caused the spill. This particular incident is mutual aid
assistance with Anadarko Fire Department when they had their peanut mill fire. He stated staff
will be bringing back an ordinance that establishes a process where they can get that money and
use it for ongoing recurring costs associated with that HAZMAT truck.
Shanklin questioned if the fire department would spend this money.
Chief Hadley stated if would be for a specific purpose which would be for the upkeep
maintenance of the HAZMAT truck and replacement of consumables on that truck.
Jackson stated according to the City Attorney the money would be placed in the general
Shanklin questioned if it would be earmarked in addition to their budget.
Vincent stated that would be a question for the City Council. Council can use
this as an offset
against the budget similar to what other organizations do that receive funds.
Shanklin stated he does not want to give this money to them as extra funds.
MOVED by Shanklin, SECOND by Haywood, to accept a cost recovery check for services
provided to the City of Anadarko in the amount of $1179.52 and authorize the Finance
Department to deposit these funds into the general fund.
Warren stated if the money goes into the general fund, it just has to come right
back out again
and replenish those materials that were used or they will not be able to use the truck. He does
not understand why they would not want to create a fund to make that truck self sufficient. He
stated the money would be staying in that truck. In theory, they would have to wait until the
budget cycle before they could replenish the stuff on the truck.
Shanklin stated his theory is not worth a hoot. He stated the City Manager
can transfer funds
from one line item to another at any time during the fiscal year without approval from the City
Council. He stated they don t even need to go through the budget process.
Warren stated the Chief would have to go to the City Manager and ask that the money
from one account to another.
Hanna stated when it goes into the general fund it draws interest for the general
Haywood suggested that they accept this money and place it in the general fund and
if the fire
department needs money, they can just ask the City Manager.
Warren stated he feels this applies to more situations now and in the future, rather
than just this
fire truck. There are a lot of consumables that we use in other departments where this could
come into play.
SUBSTITUTE MOTION by Warren, SECOND by Drewry, to accept a cost recovery check for
services provided to the City of Anadarko in the amount of $1179.52 and authorizes the Finance
Department to deposit these funds into the Lawton Fire Department Donation and
Reimbursement account. AYE: Warren, Drewry. NAY: Shanklin, Patton, Haywood, Shoemate,
Hanna, Jackson. MOTION FAILED.
VOTE ON ORIGINAL MOTION: AYE: Jackson, Shanklin, Patton, Haywood, Warren,
Shoemate, Hanna, Drewry. NAY: None. MOTION CARRIED.
3. Consider amending Resolution 07-68 designating places and
times to discharge fireworks
and take appropriate action if necessary. Exhibits: None.
Drewry stated there has been a request to discharge fireworks at Ralph s Resort.
Mr. Ryans, the boathouse owner, has requested that he be able to shoot off fireworks
off of his
boathouse. She stated she sees no reason why they should not grant this request.
Patton stated they have done this before.
Hanna stated when he was on the Council years ago they stopped shooting fireworks
boathouses because it goes into the lake and makes a mess.
Patton stated the City Council has allowed fireworks to be shot off boathouses before.
just one individual who is responsible for his area.
MOVED by Drewry, SECOND by Patton, to approve Resolution 07-92 amending Resolution
07-68 designating places and times to discharge fireworks to include Ryans Boathouse, Ralph s
Resort at Lake Ellsworth, Slip RR10. AYE: Patton, Haywood, Warren, Shoemate, Hanna,
Drewry, Jackson, Shanklin. NAY: None. MOTION CARRIED.
4. Declare an emergency to the competitive bidding process
and authorize staff to proceed with
plans for repair/replacement and identify a funding source for said repairs/replacement.
Exhibits: To be provided.
Ihler gave a brief update regarding the break in the 24-inch line that serves east
stated they have had to order special pipe and they were able to get a pipe supplier to commit to
delivery. He stated they had to fuse the pipe together and staff is ready to move into the site
when weather permits them to move into the location. They believe they have 24 to 30 hours
worth of work if they can catch a dry period because the last thing they want is for their
equipment to be flooded. This would provide them with the required fire flows. A long
permanent fix is that they need to replace that 24 inch water line and bypass underneath East
Cache Creek with a 24 inch line encased in a 30 inch pipe so that it will not wash out in the
Shanklin questioned if the water line was 60 feet deep.
Ihler stated no, the channel is about 25 to 30 feet deep. The estimated cost
for the temporary fix
is approximately $30,000. The permanent repair will be approximately $200,000. The
source they have identified for the temporary fix is from 2005 CIP waterline improvement money
is approximately $30,000. The permanent repair will be approximately $200,000. The
source they have identified is from 2005 CIP waterline improvement money. He stated it is
critical that they move as fast as they can to provide adequate fire flows to the east side. Staff
requesting that they be allowed to move forward and buy the material including the 30 inch steel
encasement and the 24 inch waterline pipe so that they can have it on site for when they can get
quotes from a contractor. It will take approximately a week and a half to get the plans together
go out and get a minimum of three quotes.
Shanklin questioned if anyone in Southwest Oklahoma was capable of doing this job.
Ihler stated that Vance Giblet has done several projects in the past and live in
the Snyder area.
He stated the contractor who is working on the southeast plant and tower expressed interest in
bidding on the project.
Shanklin stated he has been reading in the paper that other residents need to go
easy on the water
because it would take away from the water pressure in east Lawton. He does not believe that. In
1990 when they passed the water towers, they put in a pump station this side of Medicine Park.
He questioned why they would even say that the west side people have to go easy on the water.
Ihler stated they are trying to feed the entire east side with one 10 inch line. Only so much water
can come through that line. From midnight to 6:00 a.m. they do turn one pump on to feed the
east tower and as soon as they turn that pump on, the rest of the low zone on the east side of town
just pulls all of that water and pumps it into the tower. Those people experience low pressure and
in the high areas had no water. Only so much water gets to that 10 inch and as people are pulling
off on the west side, it pulls part of that water that comes to that 10 inch main. The more
everyone conserves city wide, the better pressure you have on the east side.
Shanklin questioned why they don t just turn the pumps up another four or five
Ihler stated they have reset the pumps at pump station #4 to where they will push
a little more.
Keep in mind they are now feeding those 5,000 homes with one 10 inch line and they don t
want to take the chance of changing the pressure within that line to where the change in the
pressure creates a situation where they break that line.
Jackson stated they made statements based on the information they received by staff.
There is a
lot of importance given to the issue of fire protection and that is the main reason they are asking
for the community support on the conservation of water. If there is low flow, there are times
the evening where there is no water. He does not want those citizens to be without fire
protection. He feels they are getting cooperation from the rest of the city.
Ihler stated the demand did go down on Saturday.
Jackson stated he is concerned about the stability of that one ten inch line feeding
Patton commended Mr. Ihler and the employees in the Public Works department for doing
MOVED by Jackson, SECOND by Warren, to declare an emergency to the competitive bidding
process and authorize staff to proceed with plans for repair/replacement and identify a funding
source for said repairs/replacement from the 2005 CIP waterline improvement funds and
authorize staff to buy materials for the permanent replacement. AYE: Haywood, Warren,
Shoemate, Hanna, Drewry, Jackson, Shanklin, Patton. NAY: None. MOTION CARRIED.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
COL Uberti stated they have received authority to begin awarding the contract for
realignment and closure. They have awarded about 40% of the first $138 million in the last four
work days. They expect to have the rest of the money awarded pretty quickly and they are
moving on with the design for the fiscal year 2008 projects which will be between another $80 -
$120 million. Within the next 45 days they will alter the traffic pattern at Fort Sill Boulevard
accommodate all the construction traffic.
Shoemate complimented the Public Works employees who work in the very worst elements
do an outstanding job.
Drewry stated she was upset to pick up the paper on Sunday and see a photo of a young
There is a warrant out for his arrest and someone was delivering water to him. She does not
understand this. She stated there has been a warrant out for him for a long time and it shouldn
happen, it should be handled.
Mitchell reminded the City Council of a special meeting on Wednesday, July 11
th at 6:00 p.m.
with the Chamber of Commerce.
Shanklin stated the public works employees may appreciate all of these accolades,
appreciate it more on payday. He stated some employees are making $60,000 - $65,000 doing
nothing. He has a hard time with this. He stated about five or six months ago they were
go through and look at the pay. He questioned if they were not doing this now because of the
Mitchell stated that was part of the reason. There are about 48 contested positions
that they are
still trying to get through the PERB board.
Shanklin stated a man who can pass a state board on electrical or plumbing is entitled
to make as
much money as some of these people. He stated he feels it is truly an injustice. He stated there
a resident at 1509 Arlington who has cats in her back yard. He requested staff go get them. He
stated at 1707 Bell the resident had ankle deep water. He requested staff go by and look at it. He
stated Old Town North has been there since the 1950 s and the streets flood, yet we keep
building new stuff out northwest. He cannot believe that they cannot do something for the
working man that has chosen to live in the older parts of town.
Patton stated he has had several constituents ask about the pumping charges on the
water bill and
why they are paying pumping charges when water is being let out of the lake.
Ihler stated by the time they receive the bill from Waurika it is a two month time
frame before it
is sent out to the customers. He stated there is a standby pumping charge, where they are paying
for the availability. Those are the two main issues.
Endicott stated they just received a $9,000 bill for some minor pumping in the month
of May. It
came out to four cents. He stated they are trying to figure out if they should actually absorb
fee as opposed to billing it out. Typically they have pumped month after month and it takes
about two months.
Patton stated if there is a standby fee that means it will never be zero.
Theoretically there should always be a pumping fee because of that standby fee. In
the past they
have tried to absorb some of these if they are small enough.
Mitchell stated it is also important to note that there are twenty billing cycles. There is not only a
two month window, but if your billing cycle is just past those two months, you might not get the
initial pumping charge until the third month. He stated they did stop pumping on May 1
shortly everyone should see that pumping fee diminish or zero out.
Haywood stated that he is going to miss Court Newkirk who is leaving the Chamber
Commerce. He thanked him for all of the things he did for the city of Lawton. He thanked
those who contributed to the Juneteenth celebration. He congratulated Albert Johnson who was
made a Vice President at Cameron University.
The Mayor and Council convened in executive session at 7:54 p.m. and reconvened in
open session at 8:54 p.m. Roll call reflected all members present.
EXECUTIVE SESSION ITEMS
31. 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. Exhibits: None.
Vincent read the title of item 31. He stated the City Council was briefed on
the status of
MOVED by Patton, SECOND by Warren to approve Res. 07-93 extending the terms of the
current police contract for the fiscal year 2007-2008 or until such time as the parties reach a new
contract or June 30, 2008 whichever occurs first. AYE: Hanna, Drewry, Jackson, Shanklin,
Patton, Haywood, Warren, Shoemate. NAY: None. MOTION CARRIED
32. Pursuant to Section 307B.2&4, Title 25, Oklahoma Statutes,
consider convening in
executive session to discuss negotiations concerning employees and representatives of employee
groups and the proceedings in
American Federation of State, County, and Municipal Employees
Union vs. City of Lawton, Oklahoma, PERB No. M1400, and if necessary, take appropriate
action in open session. Exhibits: None
Vincent read the title of item 32. He stated the City Council did determine
that there would be
no audience participation during this time. The City Council was briefed on the status of
negotiations and the status of the PERB case concerning the contested employees.
MOVED by Shoemate, SECOND by Warren to approve Res. 07-94 granting to the employees in
contested positions the same wages and benefits as non union general employees of the city until
such time as the public employees relations board entered and ordered determining which
positions are included or excluded from the AFSCME bargaining unit or otherwise modified by
the City Council. AYE: Drewry, Jackson, Shanklin, Patton, Haywood, Warren, Shoemate,
Hanna. NAY: None. MOTION CARRIED
MOVED by Drewry, SECOND by Patton to approve Res. 07-86 for those employees in the
AFSCME bargaining unit extending the personnel provisions of City Code Chapter 17 the salary
schedule and pay rate in effect as of midnight June 30, 2007, but as the union has chosen not to
participate in employee health plan, the plan will not be extended until such time as a contract is
reached or June 30, 2008, whichever occurs first. AYE: Jackson, Shanklin, Patton, Haywood,
Warren, Shoemate, Hanna, Drewry. NAY: None. MOTION CARRIED
33. Pursuant to Section 307B.2, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss reopening negotiations for a Collective Bargaining Agreement for FY 2007-2008 between
the Fire Union IAFF, Local 1882, and the City of Lawton, and take appropriate
action in open session. Exhibits: None.
Vincent read the title of item 33. No action is required.
There being no further business to consider, the meeting adjourned at 8:58 p.m. upon
second and roll call vote.
JACKSON, MAYOR PRO TEM
TRACI HUSHBECK, CITY CLERK