Month 2011-1 January
Meeting of 2011-1-25 Regular Meeting
MINUTES
LAWTON CITY COUNCIL REGULAR MEETING
JANUARY 25, 2011 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor Fred L. Fitch Also
Present:
Presiding Larry
Mitchell, City Manager
Frank
V. Jensen, City Attorney
Traci
Hushbeck, City Clerk
COL Ray Lacey, Fort Sill Liaison
Mayor Fitch called the meeting to order at 6:06 p.m. Notice of meeting and agenda
were posted
on the City Hall notice board as required by law. Invocation was given by Pastor Tim Evans,
Dayspring Community Church, followed by the Pledge of Allegiance.
ROLL CALL
PRESENT: Bill
Shoemate, Ward One
Michael Tenis, Ward Two
Janice Drewry, Ward Three
Jay Burk, Ward Four
Robert Shanklin, Ward Five
Richard Zarle, Ward Six
Stanley Haywood, Ward Seven
Doug
Wells, Ward Eight
ABSENT: None
AUDIENCE PARTICIPATION:
Jim Reynolds, Walters, OK, stated he owns rental property in Lawton. He stated
he is having
problems getting his deposits back from revenue services. He stated in 2009 it took 2 ½ months
to get his deposit back. Now he closed the service on November 1, 2010 and he still has not
received his deposit back. He has spoken to staff but has not gotten an answer. He does
not
know why this deposit is just not credited to the next bill.
Mayor Fitch stated staff will get with Mr. Reynolds and get this problem resolved.
Dr. Karl Hough, Chaplain at the Lawton Fort Sill Veteran s Center, 7704 SW
Delta, stated he
has an issue with the parking of vehicles on the street. He stated on Euclid there is nowhere
for
people to walk their dogs or children to play. He suggested they only allow the same number of
vehicles for the same number of people who live in the house. If there is not enough room for
two vehicles to pass on that street, then there should be no parking on the street except for
emergency vehicles or service vehicles. If there is enough room there should just be parking on
one side of the street so emergency vehicles can get through.
Mayor Fitch stated they will address this issue with the proper staff.
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR
MEETINGS OF DECEMBER 14, 2010 AND JANUARY 11, 2011.
MOVED by Drewry, SECOND by Shoemate, to approve the minutes of Lawton City Council
regular meetings of December 14, 2010 and January 11, 2011. AYE: Drewry, Burk, Shanklin,
Zarle, Haywood, Wells, Shoemate, Tenis. NAY: None. MOTION CARRIED.
CONSENT AGENDA: The following items are considered to be routine by the City Council
and
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.
Mayor Fitch stated item #8 has been stricken from the agenda. Jensen
requested item #1 and
Mitchell requested #5 be considered separately.
MOVED by Drewry, SECOND by Shoemate, to approve the consent agenda with the exception
of items #1, #5 and #8. AYE: Burk, Shanklin, Zarle, Haywood, Wells, Shoemate, Tenis,
Drewry. NAY: None. MOTION CARRIED.
1. Consider the following damage claims recommended for approval:
Johnny T. Lampkins, Sr.
in the amount of $87.52, Michael and Nikki Walker in the amount of $1,506.63 and Ginger and
James Lee in the amount of $2,487.50. Exhibits: Legal Opinions/Recommendations, Resolution
No. ____ and Resolution No. ____.
Jensen stated the recommendation on these claims remain the same with the exception
of the
Ginger and James Lee claim. The claims memo states that the City of Lawton will take
possession of their junk vehicle, but they have requested to keep the vehicle. Staff recommends
approval of the claim with that exception.
MOVED by Wells, SECOND by Drewry, to approve the damage claims recommended for
approval: Johnny T. Lampkins, Sr. in the amount of $87.52, Michael and Nikki Walker in the
amount of $1,506.63 (Res. 11-05) and Ginger and James Lee in the amount of $2,487.50 (as
amended, Res. 11-06). AYE: Shanklin, Zarle, Haywood, Wells, Shoemate, Tenis, Drewry,
Burk. NAY: None. MOTION CARRIED.
2. Consider the following damage claim recommended for denial: Rachel Melrose in the
amount of $594.03. Exhibits: Legal Opinion/Recommendation.
3. Consider accepting State Aid for Libraries Grant of $52,127
from the Oklahoma Department
of Libraries for FY 2010-2011. Exhibits: State Aid agreement on file in the City Clerk s
office.
4. Consider approving contracts for Children
s Art Studio , Spring 2011 semester for Steven
Scott Smith ($ 693), Kenneth Hobbs ($ 594), Catherine Daugherty ($ 270), and Krista Clavon ($
270) instructors for the program. Total amount for fall semester stipends is $ 1,827.00. Exhibits:
Contract on file in the City Clerk s Office.
5. Consider acceptance of the Summary of Impacts Regarding
the Military Growth at Fort Sill,
Oklahoma for the purpose of Participating in the Oklahoma Local Development and Enterprise
Zone Incentive Leverage Act Program. Exhibits: Copy of the Summary of Impacts Regarding the
Military Growth at Fort Sill, Oklahoma - For the Purpose of Participating in the Oklahoma Local
Development and Enterprise Zone Incentive Leverage Act Program-Dated January
14, 2011.
Mitchell distributed a revised summary. He stated under V. Summary it should
read that the
estimated number of jobs created due to BRAC mandates is approximately 7,000 and payroll is
estimated to be between $350,000 and $400,000. He stated this report will help develop their
grant application to help capture state sales tax dollars for capital improvements.
MOVED by Drewry, SECOND by Burk, to accept the amended Summary of Impacts Regarding
the Military Growth at Fort Sill, Oklahoma for the purpose of Participating in the Oklahoma
Local Development and Enterprise Zone Incentive Leverage Act Program. AYE: Zarle,
Haywood, Wells, Shoemate, Tenis, Drewry, Burk, Shanklin. NAY: None. MOTION CARRIED.
6. Acknowledge receipt of election returns of December 14,
2010. Exhibits: Official
Certification of Votes from Comanche County Election Board.
7. Consider accepting the encased sewer line and maintenance
bond located in Rolling Hills
Development, Part 4A, Lot 2, Block 18. Exhibits: Location Map. Maintenance Bond on file
in
the City Clerk s Office.
8. Consider releasing the escrow agreement in lieu of completion
of functional improvements
in West Hill Addition, Part 1A, and accepting the water, sewer, streets, public drainage
improvements, and maintenance bonds. Exhibits: Plat Map. Maintenance Bonds on file in the
City Clerk s Office.
9. Consider extending (CL10-027) Repair Clamps, Bell Joint
Clamps & Steel Couplings (Items
1-2, 7-8 & 10-12) to Water Products of Oklahoma from Owasso, Oklahoma. Exhibits:
Department Recommendation, Price Sheet, Contract Extension Form.
10. Consider extending (CL09-034) Mowing & Litter Contract
II Areas D & E to Teen
Challenge of Oklahoma of Cache, Oklahoma. Exhibits: Department Recommendation, Contract
Extension Form.
11. Consider extending (CL09-034) Mowing & Litter Contract
II Areas I, J & K to L C Lawn
Care LLC of Altus, Oklahoma. Exhibits: Department Recommendation, Contract Extension
Form.
12. Consider approval of payroll for the period of January
10 23, 2011.
OLD BUSINESS ITEMS:
13. Hold a public hearing and consider an ordinance
closing a portion of a public utility
easement on Lot 2, Block 18, Rolling Hills Development, Part 4A, located at 2061 SW 45
th
Street. Exhibits: Ordinance 11-__, November 9, 2010, Agenda Item Commentary with Exhibits.
Richard Rogalski, Planning Director, stated on November 9, 2010, the City Council
opened the
public hearing to close a portion of an easement. At that time the Council approved construction
plans to encase the sewer line located at 2061 SW 45
th Street in Rolling Hills Development, Part
4A. The contractor is Jay London and the consulting engineer is Charles W. Allen. Construction
of the sewer line is now complete, and the sewer line has been inspected and found to be
acceptable. The contractor has submitted a maintenance bond in the amount of $1,875.00 for the
sewer line improvement.
PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.
MOVED by Haywood, SECOND by Zarle, to adopt Ordinance 11-01, waive the reading of the
ordinance, read the title only. AYE: Haywood, Wells, Tenis, Drewry, Burk, Shanklin, Zarle.
NAY: Shoemate. MOTION CARRIED.
(Title read by City Attorney) Ordinance
11-01
An ordinance closing a portion of a utility easement located on Lot 2, Block 18,
Rolling Hills
development, part 4A, addressed as 2061 SW 45
th street, more particularly described in section
one of the ordinance.
NEW BUSINESS ITEMS:
14. Hold a public hearing and consider a resolution amending
the 2030 Land Use Plan from
Residential/High Density to Commercial and an ordinance changing the zoning from R-2 (Two-Family Dwelling
District) to C-1 (Local Commercial District) zoning classification located at
1607 SW Pennsylvania Avenue. Exhibits: Resolution No. 11-___, Ordinance No. 11-___,
Location Map, Site Plan and Applications.
Rogalski stated this request is for Lots 17- 21, Block 79, Lawton View Addition which
measure
125 feet by 140 feet. The proposed use is a lodge hall which is a Use Permitted on Review in C-1
district. The zoning of the surrounding area is R-2 to the north, south, and east and R-2 and
P-F to the west. The land use of the surrounding area is vacant and cluster housing to the north,
single-family residential and apartments to the south, single-family residential to the east, and
single-family residential and Lawton-Fort Sill Regional Airport to the west. The 2030 Land Use
Plan designates this area as Residential/High Density. Mistletoe Lodge #31 is currently located
at 101 NW Columbia Avenue and is relocating to make way for the Downtown Redevelopment
Project. The Mistletoe Lodge is purchasing the property which contains an existing church
building plus two additional lots to provide the required number of parking spaces.
On January 13, 2011, the City Planning Commission held a public hearing on this request.
During the public hearing one person spoke in favor of the request. The CPC, by a vote of
8
0, recommended approval of the amendment to the 2030 Land Use Plan to Commercial and
change of zoning to C-1 subject to the following conditions: revising the site plan to include the
proposed use of the property, revising the site plan to modify the width of the driveway to meet
City Code provisions, revising the site plan to eliminate parking in the 15-foot setback from
Pennsylvania Avenue and revising the site plan to show the portion of the alley to be used as the
secondary means of access will be paved. All of the revisions to the site plan have been made.
The site plan is binding upon the developer and will be made part of the ordinance. The
CPC
also approved a Use Permitted on Review for the lodge hall subject to the approval
of the rezoning by the City Council and the listed conditions. Notice of public hearing was
mailed to 28 owners of property within 300 feet of the requested area on December 23, 2010, and
proper notice was published in
The Lawton Constitution on December 28, 2010.
PUBLIC HEARING OPENED.
Wayne Willis, 101 N Columbia Avenue, stated he is the applicant and he is in attendance
to
answer any questions the Council may have.
PUBLIC HEARING CLOSED.
MOVED by Haywood, SECOND by Wells, to adopt Resolution 11-07 amending the 2030 Land
Use Plan from Residential/High Density to Commercial. AYE: Wells, Shoemate, Tenis,
Drewry, Burk, Shanklin, Zarle, Haywood. NAY: None. MOTION CARRIED.
MOVED by Haywood, SECOND by Wells, to adopt Ordinance 11-02, waive the reading of the
ordinance, read the title only. AYE: Shoemate, Tenis, Drewry, Burk, Shanklin, Zarle, Haywood,
Wells. NAY: None. MOTION CARRIED.
(Title read by City Attorney) Ordinance
11-02
An ordinance changing the zoning classification from the existing classification
of R-2 (two-family dwelling district) to C-1 (local commercial district) zoning classification on the
tract of
land which is hereinafter more particularly described in section one (1) hereof; approving the site
plan attached as exhibit a; and authorizing changes to be made upon the official zoning map in
accordance with this ordinance.
15. Hold a public hearing and consider
adopting an ordinance closing, vacating, and
discontinuing certain streets, easements, and other rights-of-way in portions of North Addition
and in Vernon Addition located in the Downtown Redevelopment Project area. Exhibits:
Ordinance No. 11-____ and Location Map.
Rogalski stated as part of the downtown redevelopment process there were several
streets and
alleys that LURA wishes to close within the area. The closure affected a good portion of 1
st
Street, Bell, Columbia, Dearborn, Euclid, Ferris and Railroad Street. Railroad Street would be
closed to the center point of the right of way that currently exists.
Haywood questioned what part of Railroad would be closed.
Rogalski stated it is closed from a half of block north of Gore and all the way north,
but it is the
westerly half of the right of way that is closed. Most of the roadway is in the westerly portion
of
the right of way. This closing would close the paved area.
Haywood stated the City Manager told him it would be a private road, but it will
be open up to
Bell.
Mitchell stated that even though they are considering closing the streets, the streets
would be
used by the private developer to service the stores and businesses in that development.
Haywood questioned if the public could use them.
Mitchell stated the public can drive on them, they just won t be public streets.
Jensen stated we would not have control over that for use as a public street.
Haywood stated the developer could decide to close it.
Mitchell stated there is a binding site plan that would be approved and would show
that those
streets would be used by the developer. There is a preliminary site plan that everyone has seen
that shows how the property will be used by the developer.
Rogalski stated on December 14
th the City Council set this date as the date for the public hearing.
Notice was sent out to all the property owners within 300 feet. A neighborhood meeting
was
held at the Patterson Center last Tuesday to try to explain the closure and let people know the
situation. Today a petition was received from members of the church and neighbors from the
area. There were 117 names on the petition that were against this closing.
Haywood stated on January 18
th a meeting was held and he thanked everyone who attended and
he thanked everyone for attending tonight.
PUBLIC HEARING OPENED
Ralph A. Reynolds, 824 Carver, stated he is concerned about rerouting traffic off
of Railroad
Street coming down Carver. Carver is congested and is not wide enough to accommodate that
kind of traffic. Someone is going to get hurt during the summertime when children are out. He
recommended a traffic study be done before construction has begun or any street is closed.
Michael Logan, Pastor of Galilee Missionary Baptist Church, stated they are not against
the
proposed development but they are concerned with some of the proposed closing of access roads
that will impact the membership of the church as well as the community.
V. Gay McGahee, 1606 SW Oklahoma Avenue, stated she is the office manager for Galilee
Missionary Baptist Church. She stated the members of the church join the residents of the
Vernon and Legion Additions in voicing their concerns about the negative impact these closures
could have on the community. She stated the community has been receptive to bringing the
convention center and shopping project to this area even knowing they would be negatively
impacted in many ways. She stated they have supported this long overdue mission to bring
more
industry to the Lawton community. In February 2006 a meeting was called to inform them about
the project, but it was not until December 2010 they were made aware that there would be such
drastic changes to their daily travel routes. Closing the proposed streets could change a ten
minute commute to work to up to 30 minutes and that is unreasonable and more of a sacrifice
than any other community would be or has been willing to make in Lawton. As the traffic is
forced to Gore, which is an already busy school zone, it will create havoc especially during the
early morning and afternoon. Many of them travel this area on a daily basis. This
proposal will
cause vacant houses in this area as renters will move away and potential renters will stay away
from an area that has restricted access, and this will cause vagrants to occupy these vacant
houses. She stated they also request that no wall or barricade be allowed that divides the newly
developed area from the Vernon and Legion Additions which will place the area into what will
look like an industrial district and further devalue their property. Galilee has plans for future
development and they would like assurance that they will not be facing garbage dumpsters and
loading docks. It is inconsiderate to make plans all around them and not consider the affect on
their congregation. She requested that they compromise a publicly owned convenient access to
second street. She stated resident only or no through traffic signs could
be placed on this
outlet. She stated they are making decisions for well established families who have made
Lawton and this community their home. They intend to live here after the project is complete.
Pastor Logan stated they are concerned that in the building, they are not forgotten
about. He
stated he has seen what happens to communities when they are blocked off and forgotten about.
He feels they have not been considered as people, a community and as a church. His church
serves as the primary church of this community and these are elderly resident who need access to
ambulance, fire and emergency vehicles. He requested they get access to move freely in their
community. He stated Carver Avenue is a picture of an old community where children love to
play in the streets and he would hate to see that taken away.
Shanklin questioned if this was the first time they met with this group.
Mayor Fitch stated this is the first time this group has been to the council meeting. He stated
several city officials met with this group last week. These plans have been public for four to
five
years.
Shanklin stated he has never seen these.
Pastor Logan stated that someone should have considered talking to the community
and asking
what they thought. He stated they have attended these meetings and they had no idea that
Railroad Street would be closed down. He requested they table this issue until they all come
down and look at this area. They want to be a part of this growing community. He invited
the
council members to a community meeting the following Saturday at 12 Noon.
Albert Johnson, Sr., 118 NE Bell, stated Councilmember Haywood requested that he
put together
a meeting and he did that. He stated residents came to the meeting and they expressed their
concerns. He sat down with Mr. Rogalski who explained what was going on. He requested that
the City Council represent all of them. He has been through a lot in this city and they need to
do
what is right for the people. They need to sit down with the citizens and work this out for the
benefit of this community.
Haywood stated this is the first time he has seen this. He did not know where
the stores were
going. He stated they knew that they would be tearing out everything in the twelve block area.
He knew about the convention center and the parking, but he did not know which way the stores
would face. He knew there was a possibility that Railroad would be closed. He stated the
council should have been more involved. He suggested they table this issue tonight and come
back with a different plan.
Ms. McGahee stated they found out less than thirty days ago that all the streets
and accesses will
be blocked. In 2006, Mr. Rogalski came to the church and gave a presentation and no one ever
told them that those streets would be closed until they received a letter less than thirty days ago.
Mayor Fitch stated this information has been in the council agenda packets on several
occasions.
Ruhl and Ruhl had a rendering over two years ago in the newspaper showing that Dearborn,
Euclid, Bell, Columbia and Arlington would all be closed. Railroad would be the freight, utility
and emergency access for that shopping district. This shopping district will create jobs and will
be an improvement. The crime rate fifteen years ago was very high and today it is very low after
everything has been torn down. This will increase the tax base in this community that will allow
us to do more improvements. There will most likely be traffic lights at the corner going north
on
Albert Johnson Drive.
Haywood stated he was not told which way the stores would face.
Mayor Fitch stated it was in the paper and Mr. Johnson is a member of the Lawton
Urban
Renewal Authority and this has gone to that board time and time again.
Haywood stated he is an elected official and he should have known about this.
Pastor Logan stated the crime rate is still high and they constantly have people
wander
throughout that area. He stated they are concerned that the church will be facing the backside
of
these buildings and that is where people put graffiti. He is afraid that walls will be put up
to
block the access to these roads. He wants to know how they are going to prevent this. This
will
affect the membership of the church as well as the lives of this community. The church holds
many conventions and many people come from all over to worship with them. They do welcome
this project but they want their wishes to be considered.
Mr. Johnson stated he had hope after the community meeting but he has seen a complete
turn
around. He requested that someone from the planning department sit down with the leadership
of the church to work out these issues. They do not need this divisiveness.
Shoemate stated he spent a lot of years in this area, and he worries about the residents
who travel
on Carver. He takes that route sometimes and there is a lot of traffic in that area. It
is a small
street and he is concerned about the church because they do a lot of good in the community. He
thought that Dearborn or Ferris would be left open. He does not want to lose this history.
Wells questioned why they couldn t leave Railroad open to Carver and move to
the east or Ferris
kept open so that the residents could have access. They need to accommodate the community.
Burk stated he feels they need to do something to accommodate these residents. They
all want
the development to happen, but they need to look at the design and maybe allocate some CIP
funds to move a road. They need to do what is right.
Tenis stated the initial discussion was about access and then it moved to seeing
the backs of
stores. He stated the access should be the easiest issue to correct. He does not have a
clue how
to address the other issue.
Mitchell stated he attended the neighborhood meeting and he took notes. A traffic
study has
been commissioned for the neighborhood so they can resolve some of these issues. He
questioned what street would be the preference of the community to stay open. They cannot
keep all the streets open. If you keep all the streets open you are not going to have a
development.
Wells stated the residents are willing to accept closure of everything except Ferris.
Haywood stated they also want access to Bell.
Wayne Stewart, 510 Patterson, stated his kids walk up Dearborn to Lawton High and
he
questioned how his kids were going to get to school. When it rains, Ferris floods.
Mitchell stated Bell would be open to 2
nd Street.
Mr. Steward stated that is out of the way, he lives on Patterson towards Carver.
Evelyn Freeman, member of Galilee Missionary Baptist Church, stated the Council needs
to put
themselves in their place and search their conscience.
Brad Burgess, attorney, stated he is in attendance on behalf of CenterPoint Energy. He stated as
a result of the revitalization project, CenterPoint is going to have to move several gas lines that
are situated within this affected area. There is an 8 inch steel pipeline that is going to have
to be
moved and a lot of square footage in terms of a 2 inch distribution line. There will be a cost
associated with moving these pipelines as well as some asbestos associated with some of this
pipeline which will have to be removed and relocated. The cost associated will all this is
$509,000. Before CenterPoint can initiate this work the cost will need to be deposited with
CenterPoint prior to the work beginning. The work will last approximately 120 days in order to
complete the relocation. CenterPoint will also need a permanent easement in order to relocate
these lines. On January 20, 2011 they filed an objection with the City as to the closure and
vacation of these public ways. The proposed ordinance provides that the City will grant them a
temporary easement with automatic renewals sufficient for CenterPoint to maintain their existing
easements supporting the existing infrastructure that services their current customers. The
Council needs to understand that the $509,000 will need to be paid to CenterPoint by either the
contractor or developer prior to CenterPoint initiating any work regarding the relocation of these
gas lines as well as the need for a permanent easement.
Wells questioned if CenterPoint would be interested in cost sharing since they will
be making
more money in the area.
David Hegwood, CenterPoint, stated they lost a lot of customers that were already
there, and he
does not know what amount of gas will be used by the new businesses so it is hard for him to
answer that question.
Jensen stated the City did receive two objections, one from CenterPoint and one from
AEP/PSO.
He stated the changes in the red lined version of the ordinance were made in response to the first
issue with CenterPoint to convert the temporary easement. He stated staff is asking for a change
in the redevelopment agreement that will point out that the developer must grant permanent
easements at the appropriate point in time for utilities, including for the City of Lawton. He
stated as far as the cost, during the renewal process of the franchise agreement with AEP/PSO,
they did insert some language where AEP/PSO would consider, not obligate themselves, a cost
sharing proposal on a project like the 2
nd Street Project because if there is redevelopment there
will the potential for more revenue. He stated in the redevelopment agreement that was passed
a
couple of years ago and recently amended, we upped the cost to the developer for funding from
LEDA to the developer from $2.5 million to $4.2 million for site preparation costs, which would
include relocation and reconstruction of utilities. We will still be asking for some cost sharing
from other utilities.
Gwendolyn Monts, 505 NE Carver, stated she is one of those people who drive down
Railroad to
Ferris everyday and it takes her 4-5 minutes to get to work. She stated it will take her 20 minutes
to get across Gore. She is now going to have to get up thirty minutes earlier just to get to work.
She requested that the Council vote no.
PUBLIC HEARING CLOSED
Shoemate suggested they table this issue until a study can be done on Carver.
Haywood suggested a committee be formed.
Jensen stated if they are not going to take action, he suggested they continue the
public hearing to
a certain date so they can pick up the process at that point in time.
MOVED by Shoemate, SECOND by Haywood, to continue the public hearing to February 8,
2011 or until the next special called meeting. AYE: Shoemate, Tenis, Drewry, Burk, Shanklin,
Zarle, Haywood, Wells. NAY: None. MOTION CARRIED.
16. Consider an ordinance amending Section 23-5-545, Article
23-5, Chapter 23, Lawton City
Code, 2005, pertaining to inattentive driving by adding that a citation may be issued for this
traffic offense when a police officer observes driving that poses a danger to others due to, among
other things, driving while using a hand-held electronic device, providing for severability, and
declaring an emergency. Exhibits: Ordinance 2011-____.
Jensen stated this is a proposed change to the ordinance on driving while not paying
attention
properly. What is proposed is what was changed in state law last year which if you are driving
without paying attention, last year you could not receive a citation for that offense unless there
was a vehicle accident. The state legislature last year changed that to say you could receive
a
citation, not just when you have an accident, but when a police officer observes you driving
without paying attention. The second part is that if you are driving without paying attention,
while using a hand held device, and you are caught and you have a learners permit or an
intermediate class D license, the officer will note on the citation and your license or permit can
be cancelled.
MOVED by Wells, SECOND by Tenis, to adopt Ordinance 11-03, waive the reading of the
ordinance, read the title only. AYE: Drewry, Burk, Shanklin, Zarle, Haywood, Wells,
Shoemate, Tenis. NAY: None. MOTION CARRIED.
(Title read by City Attorney) Ordinance
11-03
An ordinance amending Section 23-5-545, Article 23-5, Chapter 23, Lawton City Code,
2005,
pertaining to inattentive driving by adding a citation may be issued for this traffic offense when a
police officer observes driving that poses a danger to others due to, among other things, driving
while using a hand-held electronic device, providing for severability, and declaring an
emergency.
17. Receive a report on the City s financial condition
for the 2
nd Quarter of Fiscal Year 2010-2011, and provide direction to staff. Exhibits: None.
THIS ITEM WAS STRICKEN FROM THE AGENDA.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
COL Lacey stated around the 7
th of February they will begin a gate project on the Ft. Sill
Boulevard gate which will move the gate into the installation about 300 yards. Simultaneously,
ODOT will start a project on Rogers Lane to help alleviate some congestion at the intersection of
Rogers Lane and Fort Sill Boulevard. A similar project will start ninety days later at the
Sheridan Road gate and on Rogers Lane and Sheridan Road. Gate two will be open as a
temporary fix, but the gates will remain open but only single lane.
Burk stated he enjoyed attending the Congress of Mayors conference with Mayor Fitch.
It was
enlightening watching all the mayors from across the state come up with some ideas to help the
legislators with things they are interested in at the local level.
Mayor Fitch stated one recommendation was to repeal the bill in regards to municipal
employees.
Burk stated the Lawton Enhancement Trust Authority (LETA) is working on three different
projects. One is the northside entrance to Lawton with the ODOT grant, another is a project with
the McMahon Auditorium Authority to do interior and exterior enhancements for the auditorium
and the third project is finishing phase two of the 38
th Street ballpark area.
Chief Ronnie Smith distributed a summary of crime statistics. He stated violent
crime has gone
down 21.6%, non violent crime went up 8.4%, but it was mainly because of burglaries.
Homicides have gone down, rapes are way down and robberies are down 35%.
Mitchell stated a new CLEET academy will be starting the first part of April with
22
participants.
Jerry Ihler, Public Works Director, distributed the semi-annual street report. He
stated they can
give him a call if there are any questions.
The Mayor and Council convened in executive session at 7:50 p.m. and reconvened in
regular,
open session at 8:06 p.m. Roll call reflected all members present.
BUSINESS ITEMS: EXECUTIVE SESSION ITEMS
18. Pursuant to Section 307B.2, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss negotiations for a Collective Bargaining Agreement for FY 2010-2011
between the Police Union, IUPA Local 24, and the City of Lawton, and, if necessary, take
appropriate action in open session. Exhibits: None.
Jensen read the title of item #18.
MOVED by Wells, SECOND by Burk, to approve a fiscal year 2010-2011 collective bargaining
agreement between IUPA Local 24 and the City of Lawton and authorize the Mayor, City
Attorney and City Clerk to execute the agreement. AYE: Zarle, Haywood, Wells, Shoemate,
Tenis, Drewry, Burk, Shanklin. NAY: None. MOTION CARRIED.
Mayor Fitch stated the CIP workshop scheduled for February 1 will be cancelled. He
stated he
will schedule an appointment with staff to look at a committee for the street closing issue
discussed tonight.
Jensen stated the rule is that the Mayor may appoint a special committee of the Council
to
investigate and study a particular matter and report its findings and recommendations to the
Council. He stated in the past we have appointed a three member committee and he
recommended that the Planning Director be involved.
Mayor Fitch suggested the committee meet on Monday evening at 6:00 p.m. to address
this issue.
He stated they need to meet as quickly as possible. He questioned who would like to
serve on
the committee. He stated Shoemate, Tenis, Wells, Haywood and Zarle have volunteered.
Jensen suggested they have a special meeting of the entire Council Monday evening.
Everyone agreed.
There being no further business to consider, the meeting adjourned at 8:12 p.m. upon
motion,
second and roll call vote.
____
/s/ Fred L. Fitch ____________
FRED L. FITCH, MAYOR
ATTEST:
____
/s/ Traci L. Hushbeck__________
TRACI HUSHBECK, CITY CLERK