Month 2011-4 April
Meeting of 2011-4-26 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
APRIL 26, 2011 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor Fred L. Fitch Also
Mitchell, City Manager
V. Jensen, City Attorney
Hushbeck, City Clerk
COL Ray Lacey, Fort Sill Liaison
Mayor Fitch called the meeting to order at 6:04 p.m. Notice of meeting and agenda
on the City Hall notice board as required by law. Invocation was given by Pastor Byron Elmore,
Calvary Assembly of God, followed by the Pledge of Allegiance.
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
Wells, Ward Eight
PROCLAMATION FOR AIR QUALITY AWARENESS WEEK
Richard Rogalski, Planning Director, presented a proclamation to Mayor Fitch, Chairman
Lawton Metropolitan Area Air Quality Committee, proclaiming May 2-6, 2011 as Air Quality
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR
MEETING OF APRIL 12, 2011.
MOVED by Burk SECOND by Shoemate to approve the minutes of April 12, 2011. AYE: Zarle,
Haywood, Wells, Shoemate, Tenis, Bellino-Hall, Burk, Givens. NAY: None. MOTION
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.
Mayor Fitch requested item #3 should be stricken and Wells requested items #13 and
MOVED by Shoemate, SECOND by Burk to approve the consent agenda with the exception of
items #3, #13 and #17. AYE: Bellino-Hall, Burk, Givens, Zarle, Haywood, Wells, Shoemate,
Tenis. NAY: None. MOTION CARRIED.
1. Consider the following damage claim recommended for approval:
Freadrick Carney in the
amount of $722.51. Exhibits: Legal Opinion/Recommendation and
Resolution No. 11-19.
2. Consider adopting a resolution approving the settlement
by a joint petition and making
payment in the workers compensation claim of Juan Ayala. Exhibits:
Resolution No. 2011-20.
3. Consider adopting a resolution approving the settlement
by a joint petition and making
payment in the workers compensation claim of Lena Galloway. Exhibits: Resolution No. 2011-___.
4. Consider authorizing the City Attorney to initiate litigation
by filing a foreclosure law suit,
in the Comanche County District Court to be styled City of Lawton v. Kayla J. Humble, et al and
authorize payment of the 2007 property taxes in order to protect the City s mortgage lien.
5. Consider approval of the Agreement for Administrative Professional
Services with Jennifer
Cargill, to work as a fill-in Legal Assistant in the City Attorney s Office, and authorize the
Mayor and City Clerk to execute the Agreement. Exhibits: Proposed Agreement is on file in the
City Clerk s Office.
6. Consider adopting
Res. 11-21 in support of the Mayor s Council of Oklahoma s initiative
introduced in SB 233 to invest in Oklahoma Health Care Workforce Infrastructure. Exhibits:
Resolution 11-___ and SB 233.
7. Consider authorizing acceptance of the award of a $5,000.00
grant from the 2008 Homeland
Security Grant Program. Exhibits: Letter from Oklahoma Homeland Security.
8. Consider allowing the Parks & Recreation Department
to individually Co-sponsor with the
Lawton/Fort Sill Chamber of Commerce, American Legion Baseball, Sam s Club #8239,
Macarthur Baseball Booster Club, Lawton Athletic Foundation, and Cystic Fibrosis Foundation
for a series of softball/baseball tournaments for the year 2011.
9. Consider approving Change Order # 5 for the Rehabilitation
of Old Lawton High School
Phase IV. Exhibits: Architect s Change Order No. 5, dated April 7, 2011.
10. Consider acknowledging receipt of permits for the construction
of sanitary sewer lines from
the Oklahoma State Department of Environmental Quality to the serve the 27 Bishop Road
Bypass Project, City of Lawton, Comanche County, Oklahoma. Exhibits:
11. Consider accepting the NW 2
nd Street Enhancement Project #2005-12 as constructed by
RCJ Construction, Inc. and placing the Maintenance Bond into effect. Exhibits: None.
12. Consider approving the application for a Lease-Purchase
agreement for the construction of
approximately 2,366 linear feet of 12 diameter sanitary sewer main located in the SW and SE
quarter of Section 22, T2N, R11W and the SW quarter of Section 23, T2N, R11W, near the
intersection of NE 45
th Street and NE Cache Road. Exhibits: Application for Lease-Purchase
agreement and Location Map.
13. Consider approving the Replat of Lots 1 through 4, Block
1, The Highlands, Part 1.
Exhibits: Plat Map.
Wells stated the commentary states that the City Planning Commission approved a replat
to a condition and the condition has been met. He questioned what the condition was.
Rogalski stated there were some numbers that were incorrect on the plat and they
MOVED by Wells, SECOND by Zarle to approve the Replat of Lots 1 through 4, Block 1, The
Highlands, Part 1. AYE: Burk, Givens, Zarle, Haywood, Wells, Shoemate, Tenis,
NAY: None. MOTION CARRIED.
. Consider awarding (CL11-021) Thermoplastic Material & Epoxy Primer/Sealer
Paint, Inc. of Ennis, TX. Exhibits: Department Recommendation, Abstract of Bids, Price Sheet.
15. Consider awarding (CL11-020) Concession Operations McMahon
Park to LaSill Optimist
Club of Lawton, OK. Exhibits: Department Recommendation, Proposal Price Sheet, Concession
16. Consider awarding (CL11-023) Cationic Polymer to Polydyne,
Inc. of Riceboro, GA.
Exhibits: Department Recommendation, Abstract of Bids, Price Sheet.
17. Consider canceling (CL10-005) Mowing Contract Area M &
N to Pair Mowing of Lawton,
OK. Exhibits: Department Recommendation.
Wells questioned the reason for the cancellation of the contract.
Kim Shahan, Parks and Recreation Department, stated they operated last year and they
staff that they would not have a sufficient amount of employees this year to maintain this
MOVED by Wells, SECOND by Zarle to cancel (CL10-005) Mowing Contract Area M & N to
Pair Mowing of Lawton, OK. AYE: Givens, Zarle, Haywood, Wells, Shoemate, Tenis, Bellino-Hall,
Burk. NAY: None. MOTION CARRIED.
18. Consider awarding (CL11-018) Mowing & Litter Contract
Area G to Teen Challenge of
Cache, OK. Exhibits: Department Recommendation, Abstract of Bids, Price Sheet.
19. Consider awarding (CL11-018) Mowing & Litter Contract
Area H to 4-D Lawn &
Landscape Co. of Lawton, OK. Exhibits: Department Recommendation, Abstract of Bids.
20. Consider approval of payroll for the period of April 4
- 17, 2011.
NEW BUSINESS ITEMS:
21. Hold a public hearing and consider
an ordinance amending Sections 21-3-303, 21-3-304,
21-3-305, and 21-5-504, Chapter 21, Lawton City Code, 2005, modifying the requirements for
park land dedication in the platting process and the use of those funds collected in-lieu-of park
land dedication. Exhibits: Ordinance No. 11-____ and
Richard Rogalski, Planning Director, stated at the request of the Councilman Dick
Zarle and the
Director of Parks and Recreation, the City Planning Commission (CPC) formed a committee to
review the current rules in the City s subdivision code regarding park land dedication, with
specific emphasis on the language regarding the disposition of the funds collected in-lieu-of park
land dedication. The committee consisted of two members of the parks commission, two
members of the CPC, and two local subdivision developers. The committee met several times
during the past month and developed the proposed code amendment. This amendment proposes
to simplify and clarify the process by which recommendations for park land dedication are made
during the subdivision process and further defines the type and service area of parks based on
size and available facilities. The language in code regarding the dedication of private parks is
also strengthened, such that it is made clear that a provision of a private park of the same size
will satisfy the park land requirements. He stated it says that if a developer wants to provide
private park he will receive credit in terms of the fee in lieu of. Those parks stay private and
be maintained privately.
Haywood questioned if anyone could go to a private park in a subdivision.
Rogalski stated a private park in a subdivision is generally owned by a homeowners
It is private property.
Jensen stated the association would be able to decide who would be able to use the
Wells stated he was under the impression that every subdivision had to dedicate land
or funds in
lieu of for park area. He thought these were City of Lawton public parks and that is why we have
85 or so.
Rogalski stated if they do a private part the developer would get credit for it. The park would
substitute for his public park requirement. The current code does allow this but it was not clear.
It would be part of the subdivision approval but council does not have to approve the subdivision
with a private park.
Wells questioned how many private parks we have and are their rules that they have
Rogalski stated yes, they have to maintain them as a resident has to maintain their
Wells questioned if there were rules that required the developer to put in playground
Rogalski stated there are not rules regarding what must be put in the park.
Burk stated that hopefully we are not ever going to take on another neighborhood
Rogalski stated the code does not preclude that, it is still up to the park board
and the council.
Burk questioned why they could not say that they did not want neighborhood parks.
Rogalski stated there are some places in town where a portion of the parkland is
there and we are
waiting to get another piece of the land before we get the whole park. That is not the direction
that staff was given. The group felt like they should keep the option open because it is still
the parks commissioners to say that they are not going to approve this neighborhood park.
Burk stated that we have 76 neighborhood parks that we have to maintain and we cannot
it. He feels if they want to do a private parks that is fine, but he feels that money in lieu
of is the
way to go so that we can give to our regional parks.
Shahan stated there are 76 neighborhood parks. There are 6 community parks,
there is one
metropolitan park and there are two regional parks (two lakes). The philosophy thirty or forty
years ago was to design parks for neighborhood service. The concept was to look at the
ordinance and have the ability for monies that have been accumulated within the neighborhood
structure would service a community area instead of just their neighborhood park. It allows for
existing funds that have been appropriated for neighborhood sites to serve that community area at
that community park and/or serve the metropolitan or the regional level park. In regards to the
private park, the developer wanted the option to all least say that they want to build a
neighborhood park, but the focal point would be for them to do it as a private operator and they
would be responsible for it. It would be recommended by the parks commission and the city
council that they would have to do that as a private operating facility for them or they could give
money in lieu of and that money would be able to serve the community.
Burk stated we have gotten ourselves in a mess and to be able to fix that would be
neighborhood parks and say to developers that you will do a private park or you will provide
money in lieu of. Then it will not have to go the parks commission or the council, we stop it
Wells stated we also need a way to close down the parks that are not being used. He stated we
could sell that land and use those funds for community parks.
Shahan stated we are maintaining open space land and there could be some that could
Mayor Fitch stated there is no access to some of that land so it could not be developed.
Jensen stated they would have to look at each area and see how it was received. He
council does not have to accept the dedication of a public park and you can put that in the
ordinance. There is some property that has started with the park land dedication in phases and
they would have to decide whether to cut them off or phasing it in. They would have to look at
those issues. They do not have to accept any more.
Shahan stated for the past ten years every request for a neighborhood park has been
they were told that we wanted the money in lieu of. That is why there is an accumulation of
Burk suggested they get rid of the neighborhood parks and they give those that are
in phases an
opportunity to finish. We need to move on without those neighborhood parks.
Haywood stated we need the neighborhood parks because they need to think about the
the children in the neighborhood.
Burk suggested they make some changes to this ordinance before it is passed by council.
Rogalski stated if the council would like staff to modify the ordinance they can
table this items.
Wells suggested they go ahead and pass this one so that the money can then be used
Thomas Park. He stated the paper said that the majority of the funds have been expended.
Rogalski stated only a small amount has been expended. He stated approximately
been collected and only $20,000 has been spent.
Wells questioned if all of the funds will be used at Elmer Thomas Park.
Shahan stated he has an item that will come before the council next month for a recommendation.
Jensen stated that item will not be able to come before the council until this action
Wells stated in regards to the unused park land, if they decide to give it back,
they should only
give it back to those that will go on the property roles to pay taxes.
Burk questioned how they would decide which ones they can do something with. What
would look at this and what criteria would they use.
Rogalski stated he would recommend they do a parks master plan and have someone come
evaluate the usage.
Shahan stated the activity level is clearly defined by the usage and staff can determine
kinds of things.
MOVED by Burk, SECOND by Tenis to table. AYE: Zarle, Haywood, Wells, Shoemate, Tenis,
Bellino-Hall, Burk, Givens. NAY: None. MOTION CARRIED.
22. Hold a public hearing to consider the Consolidated One-Year
Action Plan for FFY 2011,
receive input from citizens, and provide input for development of the plan. Approve the plan and
pass Resolution 11-__ 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 2011. Exhibits: Resolution 11-___. A copy of the Consolidated One-Year Action Plan for
FFY 2011 (Draft) is on file at the City Clerk s Office.
Tim Libby, Assistant Director of Housing and Community Development, stated some of
information they provided is outdated. The numbers were based on HUD telling them they
would get a 16% cut in Community Development Block Grant (CDBG) and a 12% cut in the
HOME program. He stated the numbers they received today were approximately $1,000 off from
Libby presented a series of slides on the Consolidated One Year Action for FFY 2011
Wells stated that the Hearts That Care scored in fifth place and they got funded
at about 25%.
He stated Roadback came in with a lower score but we are funding them at almost 75%.
Libby stated that drug and alcohol assistance is the number one community priority,
that gave Roadback large numbers. He stated Hearts That Care is a medium priority in the
Wells stated he would think that people getting free medical care would be a high
suggested that if the City of Lawton receives more money than expected, we give Hearts That
Care a little more funding.
Libby stated this is staff recommendation and they try to be fair. The Council
Givens stated it seems that if several of these organizations asked for more funding,
more funding. He stated the allocations do not look right to him.
Libby stated they looked at the plan priorities as well as the weight of their application.
Givens stated that two or three organizations actually get increases over last year
s funding and
the rest get a lot less.
Haywood stated a lot of people do not have insurance and the Hearts That Care organization
Givens stated that if drug and alcohol treatment is the number one priority in the
why would Roadback be reduced from 2010 where others are getting an increase.
Libby stated it was the weight of the application. Some took the time to provide
staff with the
data they needed so that staff can provide that input to the federal government for future funding.
He stated this is a new group at Roadback and it ranked 6
th and 7th in the strength of the
application. He was asked by the CPC to come up with a numerical system to assign weights.
He stated the Council can change the recommendation. They base this on the five year plan
approved by the Council in 2010. He tries to give one historical perspective and one numerical
Burk questioned why staff would recommend someone for funding if they did not fill
Libby stated every year they have tried to eliminate someone, the council funds them
Haywood questioned if the Wichita Mountain Prevention Network applied for funding.
Libby stated no. He stated there would not be enough money to fund the position
program for the low/moderate income area.
Givens stated that he does not feel it is right to cut funding just because an organization
have grant writing abilities.
Tenis stated he agreed, but there has to be parameters.
Libby stated in the application he required numbers that back up what they are doing
Givens stated some of these organizations go through some management problems and
affect these applications.
Bellino-Hall stated that there has to be parameters in which to measure a program. They need to
see statistics showing that these programs are successful. They cannot throw away this money
Tenis feels that staff has done all the hard work and he has faith in their recommendation.
has to be measurements.
Haywood stated when dealing with these low income programs, you have to look beyond
Libby resumed the power point presentation. He stated this year they took a
16% cut and the
new federal budget does not include CDBG funding. He tried to come up with a system that took
into account some of the things that were important including did they show they were successful
and are they a top ten priority in this community.
Mayor Fitch stated if the Council wishes staff to rework this item, they do not need
to hold the
Jensen stated there is a deadline of May 16
th to submit this information. He suggested they
complete the public hearing.
PUBLIC HEARING OPENED.
Charlie Baer, Christian Family Counseling Center, stated they have nine licensed
counselors and one physician. They use this funding to provide sessions at $50 per session. For
about every $1,000 they are cut from their requests, there are two or three families that will be
denied service. He stated that 88% of the people they have helped with CDBG funds are
experiencing depression. He stated they use OQ47, which is the most widely used outpatient
mental health outcome test in the country. It scores people at the beginning, at various times
during the treatment and at the end of treatment.
Haywood requested that Mr. Baer break down the clients by wards.
Mr. Baer stated he could do that in the future.
Virginia Spencer, Great Plains Improvement Foundation (GPIF), stated they operate
Carter Crain Shelter. She stated their clients are able to stay at the shelter for up to six weeks.
They also have a transitional housing program. She stated they also receive funding from
United Way as well as private donations.
Christina Erman, Roadback, Inc., stated they provide for the indigent of this community
money helps in meeting the needs of the community and helping those who cannot afford
treatment. They are measured by national outcome measures and under those measures there are
five in which they meet or exceed the state standards. She stated the current funding is for
Givens questioned who prepared the application.
Ms. Erman stated she did.
Haywood questioned how many clients live there during the transition period.
Ms. Erman stated in 2010 they serviced 1,004 different individuals.
Haywood stated some of their clients come from out of town.
Bellino-Hall questioned if they had the numbers showing their program was successful.
Ms. Erman stated they are monitored by the state as well as outcome measures.
Leah Stout, Program Director of Marie Detty New Directions, stated they served 1,082
They are seeing a dramatic increase this year. She stated all of their services are free
Their clients can receive inpatient and outpatient services for domestic abuse. Currently
shelter has a capacity for 42 women and children. She stated they also serve Fort Sill women and
Mitchell questioned how many of their clients come from Comanche County.
Ms. Erman stated that approximately 10% come from outside of the county, but they
to Lawton to relocate. She stated 75% of their clients are from Lawton and 15% from the
county. She stated 95% of their clients are extreme low poverty. Her average education level
Haywood questioned how long a client can stay in the center.
Ms. Erman stated a typical stay is 30 days, but there is no end limit as long as
they are working
on their goals.
Givens stated he does believe they have to look at statistics when applying for these
the judging of these applications is subjective on the part of staff. He does not understand why
we reduced the funding for alcohol treatment and recovery if that is the number one priority in
the county. He stated this is very subjective and they all deserve everything they can get.
Burk stated that numbers can be skewed and that does not always show what is going
on in an
organization. Some programs have an easier way of tracking than other programs. He would
like to see them fund these at last years numbers minus the $1,000 that was cut.
Wells stated he is not sure the numbers in the handout are correct. He thinks
these numbers are
$20,000 off. He questioned if he suggested they move $2,000 from one program to another, do
they have to start the process over?
Libby stated the Council can decide what to do with the money. Staff just makes
PUBLIC HEARING CLOSED.
Wells stated he would like to recommend that they move $2,000 from Christian Family
Counseling to Hearts that Care, which would make their amount $5,150 and approve the
remainder as it.
MOVED by Wells, SECOND by Haywood to decrease funding for Christian Family Counseling
by $2,000 and increase Hearts That Care Health Clinic by $2,000. AYE: Haywood, Wells,
Shoemate, Tenis, Burk, Zarle. NAY: Bellino-Hall, Givens. MOTION CARRIED.
MOVED by Wells, SECOND by Haywood to adopt Resolution 11-22. AYE: Wells, Shoemate,
Tenis, Bellino-Hall, Burk, Zarle, Haywood. NAY: Givens. MOTION CARRIED.
23. Receive a report on the City s financial condition
for the 3
rd Quarter of Fiscal Year 2010-2011, and provide direction to staff. Exhibits: None.
Rick Endicott, Finance Director, stated the report is for the period of January 1
st through March
31st. He stated we are 75% through our fiscal year. The budgeted revenue for
general fund and
enterprise fund is at 73%. Sales tax is down $71,000 from last year, but we have collected
almost 74% of our budgeted revenue. He stated franchise tax is up $150,751 compared to last
year and we have collected 77% of our franchise tax. Police fines and bonds are up
compared to last year and we have collected 78% of our budget this year. He stated it looks like
a healthy increase but last year the transfer from Municipal Court had not been made so the
amount looks larger. All other general fund revenue is up $445,000 and we have collected about
81%. With the Enterprise Fund, water revenue is up $550,000 from last year and we have
collected 71% of our budget. Sewer revenue is also up $18,000 and we have collected 69% and
refuse collection revenue is down $38,732 and we have collected 71%. Landfill revenue is down
$516,000 from last year and our budget is right at 63%. On expenditure side, we have spent
almost 74% of general fund expenditures. We have spent 72% of enterprise fund and all other is
less than 69%. He stated until the end of the year they really watch the budget as far as where
are at and where we need to be. His philosophy is to only spend 90% - 95% of what is
appropriated. That helps with carry over purposes. He stated we are doing well on the general
fund side and that has picked up the slack for the enterprise side.
Shahan introduced Nick Heisler and Jim Whiteley who are actively involved in a hobby
Nick Heisler, 419 NE 46
th Street, stated Geocaching is a worldwide hobby and is a family event.
Currently they plan to clean Mattie Beal park on April 30th as part of a trash off
stated they are attempting to bring an event to Lawton next year which will be held at Lake
Lawtonka and will bring in people from other states.
Shahan stated he feels this is a unique opportunity and he will be working with the
develop a big event.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
COL Lacey stated Sheridan Road gate will be closed on May 1st and they will open
Fort Sill gate
at the same time. Other gates will be open for extended hours.
Tenis reminded the council that Trash Off will be held on Saturday, April 30
th. He stated the
new female roller derby league will be at the Coliseum Saturday night.
Burk stated he has a location chosen for the council to pick up trash on Saturday,
but he will tell
everyone on Saturday morning at 8:00 a.m. They will also be selling trees for $10.
Mitchell distributed a master list of CIP projects for the workshop to be held on
Earlene Maroon, a general employee at the police department, stated general employees
worked with the City Manager to save the retirement system, even though an arbitrator told them
they didn t need to. They help solve problems between employees and supervisors to avoid
grievances. She stated if the council decides not to negotiate with the general employees union,
they will not have a voice. Before the union was formed they had the Employee Advisory
Council (EAC) and they just advised. She stated the general employees unionized so they would
have a voice. Cities such as Enid, Norman and
Midwest City have decided to keep the general employees union because they have saved
taxpayers money. She asked the council to consider this issue so they can work together.
The Mayor and Council convened in executive session at 8:14 p.m. and reconvened in
open session at 9:16 p.m. Roll call reflected all members present.
BUSINESS ITEMS: EXECUTIVE SESSION ITEMS
24. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss the pending case of Timothy and Rosemary Reed vs. City of Lawton, CJ-2008-1381, and
if necessary, take appropriate action in open session. Exhibits:
Jensen read the title of item #24.
MOVED by Shoemate SECOND by Burk to adopt Resolution 11-23 authorizing the City
Attorney to enter into an economic settlement agreement in the District Court of Comanche
County, State of Oklahoma, for the sum of $6,500 as settlement of the lawsuit styled Timothy
and Rosemary Reed vs. City of Lawton, CJ-2008-1381 directing the City Attorney to prepare a
journal entry incorporating said resolution and settlement agreement for the courts approval.
AYE: Shoemate, Tenis, Bellino-Hall, Burk, Givens, Zarle, Haywood, Wells. NAY: None.
25. Pursuant to Section 307B.2, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss negotiations for a Collective Bargaining Agreement for FY 2011-2012,
between the American Federation of State, County and Municipal Employees (AFSCME) Local
3894, and, if necessary, take appropriate action in open session. Exhibits:
Jensen read the title of item #25. No action was taken.
26. 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 transfer of property and financing with respect to the purchase of parcels within 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 #26. No action was taken.
There being no further business to consider, the meeting adjourned at 9:18 p.m. upon
second and roll call vote.
/s/ Fred L. Fitch__________________
FRED L. FITCH, MAYOR
/s/ Traci L. Hushbeck_____________
TRACI HUSHBECK, CITY CLERK