Month 2011-10 October
Meeting of 2011-10-25 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
OCTOBER 25, 2011 6:00 P.M.
NEW CITY HALL
Mayor Fred L. Fitch Also
Mitchell, City Manager
V. Jensen, City Attorney
Hushbeck, City Clerk
COL Paul Hossenlopp, Fort Sill Liaison
Mayor Fitch called the meeting to order at 6:03 p.m. Notice of meeting and agenda
on the City Hall notice board as required by law. Invocation was given by Dr. Joe
Sr., True Love Church, followed by the Pledge of Allegiance.
PRESENT: Bill Shoemate, Ward One
Michael Tenis, Ward Two
Rosemary Bellino-Hall, Ward Three
Jay Burk, Ward Four
Rex Givens, Ward Five
Richard Zarle, Ward Six
Stanley Haywood, Ward Seven
Doug Wells, Ward Eight
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR
MEETING OF OCTOBER 11, 2011.
MOVED by Burk SECOND by Zarle to approve the minutes of Lawton City Council regular
meeting of October 11, 2011 AYE: Zarle, Haywood, Wells, Shoemate, Tenis, Bellino-Hall,
Burk, Givens. NAY: None. MOTION CARRIED.
CONSENT AGENDA: The following items are considered to be routine by the City Council
will be enacted with one motion. Should discussion be desired on an item, that item will be
removed from the Consent Agenda prior to action and considered separately.
MOVED by Haywood SECOND by Givens to approve the consent agenda. AYE: Haywood,
Wells, Shoemate, Tenis, Bellino-Hall, Burk, Givens, Zarle. NAY: None. MOTION CARRIED.
1. Consider the following damage claims recommended for approval:
Sarah Tinsley in the
amount of $704.23 and Patricia Powell in the amount of $40.21. Exhibits:
Resolution 11-98 and
2. Consider approving a Retainer Agreement for professional
services with Scott Haney for
expert analysis and consultation of a motorcycle/vehicle accident, and authorize the Mayor and
City Clerk to execute the Agreement. Exhibits: Retainer Agreement for Legal Services in on file
in the City s Clerk Office.
3. Consider approving contracts with Myron Beeson ($300),
Peggy Brennan ($475) and
Eleanor McDaniel ($520) to participate in the Lawton Arts & Humanities Council s (LAHC)
FY11-12 Native American Program Sharing the Spirit 2011 to be held during the months of
November and December at the Museum of the Great Plains (MGP). Exhibits: Contract on file
in City Clerk s office.
4. Consider authorizing the Mayor to sign and execute Addendum
A to the Oklahoma
Department of Environmental Quality (ODEQ) Consent Order, Case No. 02-397 for the Phase II
completion schedule and a proposed Phase III submittal schedule for the Citywide Sewer
Rehabilitation Program. Exhibits:
Consent Order, Case No. 02-397 Addendum A is on file in the
City Clerk s Office. Letter dated July 29, 2010 to the ODEQ requesting a time
5. Consider accepting a public access easement and a temporary
easement from the Board of
Education of Independent School District No. 8 for right of way needed for the Safe Routes to
School (Whittier Elementary) Project authorizing the Mayor and City Clerk to execute the
documents and authorizing the Mayor to sign a thank you letter. Exhibits: Documents are on file
in the City Clerk's office.
6. Consider accepting a permanent and a temporary easement
from Charles & Sidonia K.
Kelsey for right of way needed for the 27 Bishop Road Sewer Bypass Project #11-1SSES
authorizing the Mayor and City Clerk to execute the documents and authorizing the Mayor to
sign a thank you letter. Exhibits: Documents are on file in the City Clerk's office.
7. Consider approval of payroll for the period of October
3 16, 2011.
NEW BUSINESS ITEMS:
8. Consider an ordinance pertaining to vehicles and traffic
amending Section 23-1-103, Article
23-1, Chapter 23, Lawton City Code, 2005, by requiring the dismissal of the charge of invalid
security verification without court costs if prior to the first scheduled court appearance date the
person cited presents proof of valid security verification at the time of the alleged offense,
providing for severability, and establishing an effective date. Exhibits: Ordinance 2011-______.
Jensen stated this proposed change in the city code is because of a change in state
November 1, 2011, state law requires the dismissal of the charge of invalid security verification
(i.e. vehicle liability insurance) without court costs if prior to the first scheduled court
appearance date the person cited presents proof of valid security verification at the time of the
alleged offense. City code currently only requires dismissal without court costs when the
cited provides proof of security verification within forty-eight (48) hours of the alleged offense.
By adopting this ordinance, Lawton City Code will be consistent with Oklahoma state law.
Wells questioned when someone is stopped, does the officer runs a check with the
Chief Ronnie Smith, Lawton Police Department, stated they run an insurance verification.
Shoemate questioned the procedure they go through if they do not have insurance.
Chief Smith stated they will have a chance to produce insurance verification, but
if they know
they don t have insurance the officer can impound the car.
MOVED by Shoemate, SECOND by Tenis to adopt Ordinance 11-50, waive the reading of the
ordinance, read the title only and establishing an effective date. AYE: Wells, Shoemate, Tenis,
Bellino-Hall, Burk, Givens, Zarle, Haywood. NAY: None. MOTION CARRIED
(Title read by City Attorney) Ordinance
An ordinance pertaining to vehicles and traffic amending Section 23-1-103, Article
23, Lawton City Code, 2005, by requiring the dismissal of the charge of invalid security
verification without court costs if prior to the first scheduled court appearance date the person
cited presents proof of valid security verification at the time of the alleged offense, providing for
severability, and establishing an effective date.
9. Discuss Lawton City Code, Section 1-2-205, Schedule of
Fees and Charges, relating to the
terms and conditions of public use and rental of the new city hall located at 212 SW 9
and provide direction to staff. Exhibits: Community Use of the New City Hall Memorandum,
dated September 16, 2011.
Givens stated he feels that appointing a committee to work with Assistant City Manager
Long may be a better solution because the specifications of the lease are too complicated at this
point to even look at making a decision. There are a lot of questions that still need to be
answered. For an interim basis the City Manager should be given the discretion to rent the
facility until they have a complete agreement.
Burk stated he agreed that a committee should be set up to work through this issue
because this is
too much to go over tonight.
Mayor Fitch clarified that an ad hoc committee will be formed to meet with the Assistant
Manager and come to an agreement and in the mean time the City Manager can set the rate for
those events that are being booked
Givens stated the City Manager, at his discretion, can come up with a reasonable
rate for those
who want to use the facility.
Mitchell questioned who would like to volunteer for the committee. He stated
he is fine with the
recommendation and he will try to be reasonable in setting rates. He stated he would like to see
something come back to council in thirty days.
Wells, Burk and Shoemate volunteered to sit on the committee.
MOVED by Givens, SECOND by Wells to table this item and appoint an ad hoc committee to
meet with the Assistant City Manager. AYE: Shoemate, Tenis, Bellino-Hall, Burk, Givens,
Zarle, Haywood, Wells. NAY: None. MOTION CARRIED
Paula Sevier, 1101 NW 64th, stated she owns property in Brockland Addition and she
should be able to get some statement that gives her proprietary rights. She purchased the
property from her mother. She stated someone has planted shrubs on the easement.
Wells stated the post office put in three mailboxes on the easement on her lot and
one of her
neighbors has planted bushes next to the mailboxes and Ms. Sevier does not want them there
because she maintains the property.
Mayor Fitch stated he does not understand why she cannot remove them.
Wells stated he does not know if the post office can put up mailboxes for someone
Shoemate stated they do that a lot in other neighborhoods.
Wells stated he would not think that her neighbors would have the right to come in
bushes on her easement.
Jensen stated he feels the best thing to do is for staff to meet with Ms. Sevier
to find a resolution.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
Burk reported that the banquet for the Eye Candy Awards will be held on Thursday,
2011. He stated 21 awards will be given out. He stated he will be requesting that the
councilmember present the award for his or her ward. He stated the silent auction will start at
Wells stated the proposed landscaping ordinance that the council committee has been
seems like an unfunded mandate. He stated the business will not comply with the landscaping
ordinance without passing on the cost to the customers, so this will affect all citizens because the
cost of goods and services will go up. He recommended they also change the city ordinance to
say that if there is ever a repair made on a citizens property, either on the easement or their
property, the city will put the property back to the way it was.
Givens stated one of the reasons he asked that the $2.50 charge be passed on to the
customers because he felt that part of the cost of producing water and why we even have the
water is because for years we paid millions for Waurika improvements and ensuring that we have
water for the future. He stated the cost of renovations of the water treatment plant and the cost
the eastside treatment plant were never passed on to the rural water customers. He feels those
expenses should be looked at. He stated he would also like to look at giving customers the
option of getting their water bill by email instead of paper bills. It would save paper and postage.
He stated with over 32,000 customers and if a third of customers signed up that could save
$3,400 in postage.
Mayor Fitch stated they have made it possible to pay online with a credit card and
this could be
something they could look at down the road.
Rick Endicott, Finance Director, stated a customer can go online now and look at
their water bill.
Givens stated he is talking about your bill being sent by email and not sending a
Endicott stated they can look into this option.
The Mayor and Council convened in executive session at 6:36 p.m. and reconvened in
open session at 6:56 p.m. Roll call reflected all members present.
BUSINESS ITEMS: EXECUTIVE SESSION ITEMS
10. Pursuant to Section 307B3 and C10, Title 25, Oklahoma
Statutes, consider convening in
executive session for the purposes of conferring on matters pertaining to economic development,
including the purchase/transfer of property and financing in connection with the Lawton
Downtown Redevelopment Project, for the hotel-conference center and the mixed-use
commercial retail establishments and take appropriate action, if necessary, in open session.
Jensen read the title of item #10. No action is needed.
There being no further business to consider, the meeting adjourned at 6:58 p.m. upon
second and roll call vote.
/s/ Fred L. Fitch__________________
FRED L. FITCH, MAYOR
/s/ Traci L. Hushbeck_____________
TRACI HUSHBECK, CITY CLERK