Month 2011-8 August
Meeting of 2011-8-9 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
AUGUST 9, 2011 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Councilmember Haywood called the meeting to order at 6:00 p.m. Notice of meeting
were posted on the City Hall notice board as required by law.
ADDENDUM TO AGENDA:
1. Conduct election of acting Mayor Pro Tem.
MOVED by Shoemate SECOND by Bellino-Hall to election Doug Wells as acting Mayor Pro
Tem. AYE: Shoemate, Tenis, Bellino-Hall, Givens, Zarle, Haywood, Wells. NAY: None.
The council recessed at 6:00 p.m. and reconvened at 6:04 p.m.
Acting Mayor Pro Tem Doug Wells Also
Mitchell, City Manager
V. Jensen, City Attorney
Hushbeck, City Clerk
COL Paul Hossenlopp, Fort Sill Liaison
Shoemate, Ward One
Michael Tenis, Ward Two
Rosemary Bellino-Hall, Ward Three
Rex Givens, Ward Five
Richard Zarle, Ward Six
Stanley Haywood, Ward Seven
Wells, Ward Eight
Burk, Ward Four
Invocation was given by Pastor Steve Shaw, Crystal Hills Free Will Baptist Church,
followed by the Pledge of Allegiance.
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR
MEETINGS OF JUNE 14 AND JULY 26, 2011.
MOVED by Tenis SECOND by Shoemate to approve the minutes of Lawton City Council
regular meetings of June 14 and July 26, 2011. AYE: Wells, Shoemate, Tenis, Bellino-Hall,
Givens, Zarle, Haywood. 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.
Bellino-Hall requested item #13 and Wells requested item #7 be considered separately.
MOVED by Shoemate SECOND by Tenis to approve the consent agenda with the exception of
items #7 and #13. AYE: Shoemate, Tenis, Bellino-Hall, Givens, Zarle, Haywood, Wells.
NAY: None. MOTION CARRIED.
1. Consider the following damage claims recommended for approval:
Donald and Chom Nam
Rumsey in the amount of $3,938.24
(Res. 11-67) and Thelmer and Eugenia Hutcheson in the
amount of $1,112.11 (Res. 11-68). Exhibits: Legal Opinions/Recommendations, Resolution
11-____ and Resolution No. 11-____.
2. Consider adopting a resolution ratifying the actions of
the City Attorney in filing and making
payment of the judgment in the Workers' Compensation case of Dwight Franklin in the Workers'
Compensation Court, Case No. 2008-14555R. Exhibits:
Resolution No. 2011-69.
3. Consider approving contract with Journey Productions for
technical support services for the
2011 International Festival for September 19-27, 2011. Exhibits: Contract on file in City Clerk
4. Consider approving contracts with Chris Wiser (Sugar Free
Allstars), David Gish of Tract &
Friends and Teresa Black performers at the 2011 International Festival and authorize the Mayor
and City Clerk to execute the agreements. Exhibits: Contracts on file in City Clerk s
5. Consider approving a restricted access contract at Elmer
Thomas Park with Lawton Patriots
Lions Club for the purpose of holding a sanctioned 5K Road Race for the visually impaired in
the park on October 29, 2011 and authorize the execution of such a contract for the given
purpose. Exhibits: Restricted Access Contract with Lawton Patriots Lions Club on file in City
Clerk s office.
6. Consider approving a credit adjustment in the amount of
$1,071.16 to Christian Properties
service account #00005077 for the property at 1210 NW Goodyear Boulevard for an undetected,
underground leak on the customer s water service line. Exhibits: Invoice from Towers Plumbing
7. Consider issuing a revocable permit to Lakecrest Development,
LLC, for the construction of
patios on utility easements on Lots 1 - 10, Block 2, and Lots 1 7, Block 4, The Meadows.
Exhibits: Application and site plan. Revocable Permit on file in City Clerk s Office.
Wells questioned if anything was built in those easements.
Richard Rogalski, Planning Director, stated there are no utilities under the patios.
utilities in the easement. He stated it is possible that some day those patios would have to be
up. He stated when they originally developed this property they did not show the patios so there
was nothing inside the utility easements and now they want to put patios there. The patios
not be able to be covered so there will just be a concrete slab that would be put there.
Wells questioned how we could be assured that in the future people are not going
to cover their
Rogalski stated by code they would have to pull a building permit and we would not
permit because we would know it was in the easement. He stated the revocable permit is what
allows us to be protected.
Wells questioned how the people who buy the property in the future would know there
Rogalski stated the plat will show the easement.
Mitchell stated part of the closing would involve a survey which would show the encroachment
of the patio.
Wells stated they just keep making exceptions which allow people to build on top
Bellino-Hall stated that she agrees they need to be more stringent on this issue.
MOVED by Wells SECOND by Tenis to deny the revocable permit. AYE: Tenis, Bellino-Hall,
Zarle, Haywood, Wells, Shoemate. NAY: Givens. MOTION CARRIED.
8. Consider setting a date of September 13, 2011, to hold
a public hearing and consider a
request to close a 10-foot utility easement on Lot 10, Block 1, Silver Creek Patio Homes
Addition, also known as 6920 NW Maple Drive. Exhibits: Location Map and
9. Consider accepting the sewerline located at 1420 SE Tower
Road to serve Buffalo Bob s
RV Park, maintenance bond, and utility easement. Exhibits: Location Map. Maintenance Bond
and Easement on file in City Clerk s Office.
10. Consider approving Amendment No. 2 with Black & Veatch
Corporation reducing the
contract amount for design of the WWTP Improvement Project #2008-11. Exhibits: Amendment
No. 2 is on file in the City Clerk s Office.
11. Consider rejecting bid proposals for the Street Division
Project #2011-3. Exhibits: None.
12. Consider accepting a permanent easement and a temporary
easement from David A.
Nottingham & Judy Nottingham for right of way needed for the NW 82
nd Street Sewer Line
Project #2010-4, authorizing the Mayor and City Clerk to execute the documents and authorizing
payment for the same. Exhibits: Documents are on file in the City Clerk's
13. Consider approving a resolution increasing the petty cash
amount for the Animal Welfare
Division from $50.00 to $1000.00. Exhibits: Resolution No. 11-__.
Bellino-Hall stated she is concerned that there will be $1,000 in cash lying in the
the recent audit there are multiple short term corrective actions that needed to take place and she
is very uncomfortable allowing them to have that amount of money without first showing her that
all of this has been corrected over a period of time.
Jerry Ihler, Public Works Director, stated this action is a result of the audit. One of the processes
that they deal with is that they receive deposits for sterilization, rabies vaccinations and trap
deposits. Currently they deposit the money and when they return the deposit they go through the
PO process which takes approximately three weeks to a month before the citizen would receive
their deposit back. After meeting with the Finance Director and the City Auditor, they felt that
this was not acceptable. He stated they are following the recommendations of the audit and they
have taken care of the majority of those deficiencies that were identified in the audit.
Bellino-Hall stated with the way it is being done now, they will have a paper trail.
She feels that
$1,000 in petty cash will lead to future problems and that concerns her.
Ihler stated there are other entities within the city that have similar petty cash
amounts. At the
end of the day a reconciliation is done by two individuals and they document what they have and
they send the deposit in. In the morning a different individual counts it and documents it. When
people bring in deposits they have a three piece receipt, one goes to the individual, one is kept at
the shelter and the third goes with the deposit.
MOVED by Shoemate SECOND by Haywood to approve Resolution No. 11-70 increasing the
petty cash amount for the Animal Welfare Division from $50.00 to $1000.00. AYE: Givens,
Haywood, Shoemate. NAY: Bellino-Hall, Zarle, Wells, Tenis. MOTION FAILED.
14. Consider extending contract (RFPCL10-049) Banking Services
to IBC Bank of Lawton,
OK. Exhibits: Department Recommendation, Contract Extension Form.
15. Consider extending contract (CL10-002) Sodium Hypochlorite
to Petra Chemical Company
of Dallas, TX. Exhibits: Department Recommendation, Contract Extension Form, Price
16. Consider extending contract (CL11-002) Nuisance Abatement-West
Side to The Lawn
Wizards of Lawton, OK. Exhibits: Department Recommendation, Contract Extension Form,
17. Consider approving appointments to boards and commissions. Exhibits: None.
Lakes and Land Commission
Dr. Richard Campbell Dr. Mark Duncan
1002 SW 52
nd Street 8202 NW Stonebridge Court
Lawton, Oklahoma 73505 Lawton, Oklahoma 73505
Mayor s Commission On The Status Of Women
3122 NW Denver
Lawton, Oklahoma 73501
Unexpired Term 10/11/11
Pension Trust Commission
Robert W. Kindt
2302 NW Ivanhoe Place
Lawton Oklahoma 73505
18. Consider approval of payroll for the periods of July 25
August 7, 2011.
NEW BUSINESS ITEMS:
19. Consider accepting the annual audit report of the City
of Lawton for the year ending June
30, 2010. Exhibits: None.
Wells suggested they table this item until the next meeting so that they can review
MOVED by Wells SECOND by Zarle to table.
Mitchell stated this is an independent audit report. The action taken by the
council tonight is just
to accept the audit. The council does approve or reject it and they cannot change it.
Rick Endicott, Finance Director, stated if the council will at least let the auditors
talk about the
report it might clarify any questions the council may have. He stated the two auditors have come
to Lawton from Oklahoma City and Edmond and are ready to present the report.
Wells withdrew his motion.
Ladonna Sinning, Arledge & Associates, stated a single audit is required if you
spend more than
$500,000 in federal money in a year and Lawton will always get one. She stated with regards to
the annual financial statements and the independent auditors report, the audit opinion is
unqualified, also known as a clean opinion. She stated there is one item in the document
would like to point out, which is the City s unfunded pension liability for the City s employee
retirement system. The plan assets are only about 63% of the liability which is down over the
past five years. It was over 80% and now we are down towards 60%. The economy has
impacted this issue, but the funding level is low enough it should have the council s attention.
When a single audit is done over the federal grant monies, they have to select major programs
which are generally done by auditing the largest programs and/or the highest risk programs.
Those programs are listed The only opinions in the single audit reports are over compliance
with laws and regulations within those grants. That opinion is also unqualified and a clean
opinion. She stated they do have some findings. Findings are either classified as either
significant deficiency or a material weakness. With regards to the CDBG Section 108 program,
it had to do with obtaining weekly certified payrolls from the contractor and not getting that done
consistently. She stated when they discussed this with management they were well aware of the
requirement and it was an oversight issue where it did not get done consistently. She stated there
is also one finding where there is one remaining issue to fix where the back up person for one
approver is also an approver herself, and sometimes she will approve twice on behalf of herself
and on behalf of someone that is out. They have recommended that they move to a different back
up approver. She stated with the 2010 audit they are presenting a full three months ahead of
where they were with the 2009 audit. It is still a material weakness, but she does not feel the
finance department can turn that wheel much faster to try to get it out earlier. She stated there
were several things from the 2009 audit that they were able to clear away. She stated there is
considerable improvement and progress is being made.
Brenda Wright, Crawford & Associates, stated the performeter is a combination
ratios that they have put together and come up with a financial score based on the financial
statement audit for 2010. She stated the performeter rating is a 6.7 which is up from a 6.4 the
previous year. The main reason is a slight increase in sales tax. She stated some of the
operations such as water, sewer, sanitation, etc. were more able to help cover their own cost this
year than they were in the past. She suggested they go to the annual financial report and starting
on page 8 read the MD&A, which breaks the report down into a summary. This will give a good
picture of how the city is doing overall.
Wells stated we have approximately $119 million in indebtedness and we are due to
pay off $70-$80 million in the next year or so. He questioned if that would affect the performeter.
Ms. Wright stated yes. If we paid off a large portion of the debt and you don
t incur any more
debt, that will improve your financial condition.
Mitchell stated a large portion of that debt is the CIP program. He stated
they are now discussing
the 2012 CIP.
Givens stated the council recently addressed the pension issue.
Mitchell stated the pension questioned will be partially resolved in next year
s audit. Early in
fiscal year 2010-2011 they made some significant changes in the pension program that will
address the funding issue and improvements will be made over time.
Wells stated up to about five years ago we used to buy treasuries and get 6-10% interest
we are getting 1%, and that has affected that fund greatly. He stated the trust has also allowed
certain amount to go into the stock market and due to the downturn they have lost several million
Ms. Wright stated that eventually the economy will come back up and offset some of
negative losses. A lot of pension plans have the same issues.
MOVED by Givens SECOND by Haywood to accept the annual audit report of the City of
Lawton for the year ending June 30, 2010. AYE: Givens, Zarle, Haywood, Wells, Shoemate,
Tenis, Bellino-Hall. NAY: None. MOTION CARRIED.
20. Consider approving an ordinance creating Sections 10-17-1701
through 10-17-1709, Article
10-17, Chapter 10, Lawton City Code, 2005, to assess and levy the continuation of a one and
one-quarter percent (1.25%) sales tax to be collected from January 1, 2012, through December
31, 2018, for the purpose of financing capital improvement projects of the City, providing for the
administration of the collection of the sales tax, severability, continuation of the ordinance in the
event the purpose of revenue provision is declared invalid, codification and requiring the full text
be published and take action as necessary. Exhibits: Ordinance No. 11-____.
MOVED by Shoemate, SECOND by Tenis to adopt Ordinance 11-35, waive the reading of the
ordinance, read the title only. AYE: Zarle, Haywood, Wells, Shoemate, Tenis, Bellino-Hall,
Givens. NAY: None. MOTION CARRIED
(Title read by City Attorney) Ordinance
An ordinance pertaining to finance and taxation creating sections 10-17-1701 through
10-17-1709, article 10-17, chapter 10, Lawton city code, 2010, by enacting an ordinance assessing and
levying an excise tax of one and one quarter percent (1.25%) in addition to all other excise taxes
assessed and levied by the city of Lawton, Oklahoma, and all other taxing authorities, upon the
gross proceeds or gross receipts derived from all sales to any person taxable under the Oklahoma
sales tax code, codified in title 68, Oklahoma statutes, section 1350 et seq, providing for the
administration and collection of said tax; providing for the use of state permits in lieu of permits
issued by the city; stating the purpose of the revenues derived from said sales tax and providing
for the disposition of proceeds Therefrom; declaring that revenues be used for the financing of
capital improvement projects for the city; providing that the tax shall be limited to a period
commencing January 1, 2012, through December 31, 2018; making the tax cumulative; providing
that the governing body may make administrative and technical changes which do not affect the
tax rate; requiring approval of this ordinance by majority of the registered, qualified voters of the
city voting at an election to be held for such purpose as provided by law; providing for
codification; providing for severability of the provisions of this ordinance; providing for
continuation of this ordinance in the event the purpose of revenue provision is declared invalid;
providing for an effective date; and requiring the full text to be published.
21. Consider approving an ordinance authorizing the calling
and holding of an election on
October 11, 2011, in the City of Lawton, State of Oklahoma, for the purpose of submitting to the
registered qualified electors of said City the questions of the continuation of a one and one-quarter
percent (1.25%) sales tax for seven years and the issuance of the bonds of said City in the
sum of Twenty Million Dollars ($20,000,000) upon all the taxable property in said City for the
payment of the interest and principal on said bonds, to provide funds for the purpose of various
capital improvements to the City of Lawton; providing for severability; declaring an emergency;
and requiring the full text be published and take action as necessary. Exhibits: Ordinance No.
11-____ and Election Proclamation.
Entire ordinance was read by the City Clerk.
MOVED by Givens, SECOND by Shoemate to adopt Ordinance 11-36. AYE: Haywood, Wells,
Shoemate, Tenis, Bellino-Hall, Givens, Zarle. NAY: None. MOTION CARRIED
23. Consider appointing any interested council members to
a work group being set up for the
purpose of drafting an ordinance to reconstitute the employee advisory committee. Exhibits:
MOVED by Shoemate, SECOND by Haywood to appoint Council members Givens, Haywood
and Wells to a work group for the purpose of drafting an ordinance to reconstitute the employee
advisory committee. AYE: Wells, Shoemate, Tenis, Bellino-Hall, Givens, Zarle, Haywood.
NAY: None. MOTION CARRIED
24. Consider an Ordinance amending Sections 5-1-101, 5-1-113,
5-3-301, 5-3-302, 5-3-303, 5-5-501, and 5-5-502, Chapter 5, Lawton City Code, 2005, pertaining to licensing
of animals, providing for severability, and establishing an effective date. Exhibits: Ordinance 11-___.
Ihler stated the proposed ordinance deals with specifically two changes to the city
first change would allow owners and veterinarians the option to choose between a
rabies vaccine and other approved rabies vaccines that extend
beyond the one year term when
administered at a proper time interval as recommended by the vaccine manufacturer. That item
was requested through a letter sent by Dr. Hergenrether who also contacted council member
Wells who asked that this issue be brought before the council. He stated staff did research other
communities such Oklahoma City, Tulsa, Edmond, Norman and those communities do have a
similar ordinance. Staff also contacted local veterinarians and received a mix review. Several
they talked to were opposed to the ordinance change. The feedback they received was that if
they accept a three year vaccine, then the pet owners would only bring the animals in every three
years to see the veterinarian and that might cause health concerns. He stated the second
ordinance change incorporates changes made to the Oklahoma State Department of Health rabies
prevention codes relating to home quarantine. The amendment would allow owners of dogs,
cats or ferret, that have not inflicted a severe bite and are current on their rabies vaccination to
quarantined at the owner s home under the guidelines of the state health department. He
there are several veterinarians in attendance that would like to speak about the vaccination issue.
Wells stated he got a request from Dr. Hergenrether to bring this issue to the council. He stated
all of the major cities in Oklahoma, except for Lawton, have gone to the three year vaccination.
He stated he feels animal welfare staff has come up with an ideal solution whereby the
veterinarian can decide if they want to issue a one year or three year vaccination certificate.
Dr. Brannon Jackson, 6731 Cache Road, stated they send out one year reminders for
vaccines and he finds that his clients come in anywhere from one to six months late. He is
concerned that if they went to a three year vaccine there would be a gap. He stated he is also
concerned that Lawton is a military community and if reminders are sent out every three years
that many of those notices will not get to the right address.
Givens stated that all of the major cities in Oklahoma are doing it this way, he
questioned if they
were all wrong.
Dr. Jackson stated in his opinion he feels it is a bad idea.
Wells stated he understands that the one year and the three year vaccination are
Dr. Jackson stated that is correct. They currently use the three year vaccination
Wells stated he has heard complaints that the dogs would be overmedicated.
Dr. Jackson stated he is not aware of any studies that show there is any significant
with over vaccination.
Zarle stated he was told that you have to have two annual shots in a row before you
can go to the
Dr. Jackson stated that is correct. The first rabies vaccine is only good for
Dr. Justin Graham, 4105 W. Gore, stated he disagrees with the three year rabies vaccine. He
stated there are other states that actually require more frequent rabies vaccinations. He stated
there has never been any research that shows that you are over vaccinating or that you are
causing significant problems. He stated he gives his dog a three year rabies vaccination every
year. He stated rabies is not only fatal to animals but also to humans. He disagrees with
three year vaccine because when he came to Lawton the certification rules where changed and
before that change there were a tremendous number of animals that were not being vaccinated
annually. He stated if this is changed to a three year vaccine it will send a mixed
Lawton residents and a lot of confusion. He feels the one year vaccine is safer. He stated
Lawton does not have a veterinary medical association and he feels that is a shame.
Wells questioned if Meadow Wood Hospital gives one or three year vaccines.
Dr. Graham stated they give yearly shots with three year vaccines to dogs and one
Wells stated if this ordinance is passed it will not mandate the use of the three
Veterinarians will still have a choice.
Zarle questioned if they could live with having the choice.
Dr. Graham stated he feels it would be affecting the public in the wrong way. He
responsible people are going to take care of their animals, but the law here is for the people who
don t. There are many people who don t do what the law requires of them and
are going to go up and rabies quarantines going to go up. They are going to have the
problems they were trying to fix four years ago. Personally he can live with the option.
Dr. Chambers, 1704 SE 60
th, stated he feels if you go to a three year rabies program you are
looking at lowering the awareness of rabies. He stated the vaccines are not 100% efficient. If
you want to protect the animal from rabies he suggests you give it a shot every year. He stated
the three year vaccine works great under the federal government guidelines in a perfectly healthy
animal. He stated if his neighbor had a biting dog he would want to make sure he had a rabies
shot each and every year. He stated he vaccinates at least 100 horses a year for rabies
and in a
horse it only lasts one year. Due to the environmental conditions he is seeing an influx of wild
animals. If they do not advocate rabies awareness, he sees us bringing rabies into our
surroundings. He is not in favor of putting the public at risk.
Dr. John Hergenrether, 6229 NW Gore, stated he proposed this idea. Rabies is
100% fatal once
they start showing clinical signs of the disease and it is a preventable disease. The proper
application of any vaccine has prolonged the life span of their patients. There are two approved
rabies vaccinations, a one year and a three year rabies vaccination. Many manufacturers make
two separate vaccines. Both require a vaccine by four months of age and a booster one year later.
The difference between the two vaccines lies in their approval that was granted by the USDA.
Due to the individual reactions and adverse reactions, there is no single specific
recommendation for any vaccination that exists for all veterinary patients. It falls to the
veterinarian to determine the best patient care and vaccination program. They must determine
the risk factors for acquiring the disease and the potential for adverse reaction caused in the
patient by the vaccination. Many cities in Oklahoma do recognize both the one year and three
year rabies vaccine. Comanche County does not have any increased risk of rabies in our
domesticated animals as compared to any other Oklahoma county. This ordinance applies to
dogs and cats. They represent less than 10% of the cases of rabies reported in Oklahoma. It
his position that the veterinarian with the veterinarian/client relationship is in the most advised
position to make the individual vaccination recommendation for their patients. He stated
are studies that do recognize the adverse effects of vaccinations. He is requesting the change
city code to better allow the individual veterinarian to determine the vaccination needs and risks
of their individual patients.
Givens questioned how many of Dr. Hergenrether s patients had an adverse effect
in the past
Dr. Hergenrether stated that they have at least one documented case of a neurologic
happened secondary to the vaccination. It had nothing to do with the type of vaccination but it
may have something to do with the frequency of the vaccination. His argument today is that this
should not be an economic motivator for veterinarians, it should be based on the recommendation
for that individual patient s health requirement.
Wells stated he has had emails from citizens who would like to see the three year
included. He feels the appropriate course of action would be to leave it up to the veterinarian.
Haywood questioned staff recommendation.
Ihler stated it does not affect the operation of the facility and the staff. He
would defer to the
professional veterinarians as to what they believe is best for the community. The feedback they
have received is that it is better to require a vaccination every year.
Scott Meadors, Deputy City Attorney, stated this ordinance does not say that you
have to give a
one year or three year vaccination, that discretion is still up to the veterinarian. Where the
controls this process is at the licensing stage when someone comes in for their annual license.
Right now vaccination is defined as every twelve months. If this ordinance is approved
a recommended change in section 5-5-501, paragraph A2, second paragraph. They changes
should read: The B: license will be valid for one (1) year or the term of the animal
vaccination certificate if less than one year, at which time the owner or keeper must renew the B
license and provide proof of current rabies vaccination for the one (1) year renewal term and
upon payment of renewal fees as specified in the fee schedule.
Wells stated he does not see any reason why Lawton would be any different than any
Zarle stated Wichita Falls has had problems with rabies and he would like his animals
checked every year. It is a good time for a veterinarian to look them over.
Wells stated under this ordinance, everyone still has that option. It is a
good option to let the
MOVED by Wells, SECOND by Tenis to adopt Ordinance 11-37, as amended, waive the
reading of the ordinance, read the title only and establishing an effective date.
SUBSTITUTE MOTION by Zarle, SECOND by Haywood to require the rabies vaccine every
year. AYE: Givens, Zarle, Haywood. NAY: Tenis, Bellino-Hall, Wells, Shoemate. MOTION
(Title read by City Attorney) Ordinance
An ordinance amending sections 5-1-101, 5-1-113, 5-3-301, 5-3-302, 5-3-303, 5-5-501,
and 5-5-502, Chapter 5, Lawton City Code, 2005, pertaining to licensing and quarantining of animals,
providing for severability and establishing an effective date.
VOTE ON ORIGINAL MOTION: AYE: Shoemate,Tenis, Bellino-Hall, Haywood, Wells.
NAY: Givens, Zarle. MOTION CARRIED
22. Consider taking action to provide water from Lake Ellsworth
to East Cache Creek below
the dam to flush stagnant water for ranchers downstream. Exhibits: Minutes from the City
Council meeting of September 12, 2000 and Minutes from the City Council meeting of
September 12, 2006.
Ihler stated he received a phone call last week from two individuals, one a rancher
from Lake Ellsworth and the other from Mr. Cofer from U.S. Fish and Wildlife. Due
drought, East Cache Creek is drying up and the water remaining in the creek is stagnate
could cause problems with the cattle drinking this water. The request is to
release water from
Lake Ellsworth in an amount to flush East Cache Creek and get rid of the stagnate
2000 the council approved a request to release 400,000 gallons per day for a period of five days.
In 2006 the council approved the release of 600,000 650,000 gallons per day for a period
Ihler presented slides depicting elevation levels of Lawtonka and Ellsworth. He
typically lose about 50 million gallons a day out of Lake Ellsworth from evaporation. The
request equals approximately 1% of what we lose to evaporation.
Givens questioned if the request of 400,000 gallons was total or per day.
Ihler stated it is per day over a five day period. The total would be 2 million
gallons. He stated
they will go to mandatory restrictions once the elevation of Lake Lawtonka drops
to 1334, so it
will need to come down another 4.67 feet before the mandatory restriction will be
He stated we are in really good shape considering the drought that we are experiencing. He
stated the question tonight is if the council would like to release water from Lake
There is a two inch valve on the Waurika pipeline that comes into the bottom of the
east side of
the dam and that would be opened for a few days. He suggested that if they
choose to do this
they monitor the flow and shut it off when they get a good flush.
Shoemate stated he would hate to see us just release the water when our residents
fees and we may go to restrictions.
Tenis stated the citizens of Lawton have to pay for their pumping fees and he cannot
vote for this
Ihler stated there are three options. You could release the water, charge the
pumping fee that we
have from Lake Ellsworth or we could charge the raw water fee which is $1.03 per
gallons. If we were to release 500,000 a day that would be $515 per day.
Tenis stated the citizens should not be paying for something that someone else gets
Ihler stated part of the difficulty would be determining who we would charge downstream.
There are multiple property owners. Some don t even own cattle. You could charge those
individuals that are making the request.
Jensen stated they would charge those making the request and they could get compensation
those who want to share.
Bellino-Hall questioned if we could sustain the loss of 2 million gallons or would
that create a
problem for us.
Ihler stated we are currently treating 30-32 million gallons a day from both plants
and we loose
50 million gallons a day due to evaporation from Ellsworth and another 25 million from
Lawtonka. He stated that 2 million gallons is about 1 % of what we loose to evaporation every
Bellino-Hall stated it doesn t seem like we are really hurting ourselves if
we release the 2
million gallons. It sounds like a drop in the bucket.
MOVED by Tenis, SECOND by Wells to deny the request. AYE: Wells, Tenis. NAY: Bellino-Hall,
Givens, Zarle, Haywood, Shoemate. MOTION FAILED.
Zarle questioned if Ihler felt they could force enough water out in one day to clean
Ihler stated in 2006 they used a 2 valve and that is a slower rate. If
they open one of the water
storage gates it would be at a much faster rate. It would be more difficult to measure how much
is going through by opening and closing the gate.
MOVED by Shoemate, SECOND by Tenis to approve the request and direct staff to charge the
raw water rate of $1.03 per 1,000 gallons. AYE: Givens, Wells, Shoemate, Tenis, Bellino-Hall.
NAY: Zarle, Haywood. MOTION CARRIED
25. Consider approving an Ordinance pertaining to Food and
Food Establishments amending
Section 12-1-115, Article 12-1, Chapter 12, Lawton City Code, 2005, by adding a late fee on the
renewal of expired permits and by clarifying the requirement of possessing a state permit,
providing for severability, and establishing an effective date; and consider approving a
Resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 2005,
adding a late fee for expired business licenses. Exhibits: Ordinance No. 11-_____ and
Resolution No. 11-_____.
(STRICKEN FROM AGENDA)
26. Consider an ordinance pertaining to glass tubes creating
Section 16-5-1-504.1, Division 16-5-1, Article 16-5, Chapter 16, Lawton City Code, 2005, making it unlawful
for a retailer to offer
for retail sale to any patron a glass tube, providing for codification, severability, and providing
for an effective date. Exhibits: Ordinance No. 11-____.
Meadors stated on November 1, 2010 the state legislature made it unlawful for retailers
for sale a glass tube. There is an exception for proper medicinal uses. This ordinance updates
city code to be consistent with state law.
MOVED by Givens, SECOND by Haywood to adopt Ordinance 11-38, waive the reading of the
ordinance, read the title only and providing for an effective date. AYE: Givens, Haywood, Wells,
Shoemate, Tenis, Bellino-Hall. NAY: None. ABSENT: Zarle. MOTION CARRIED
(Title read by City Attorney) Ordinance
An ordinance pertaining to glass tubes creating Section 16-5-1-504.1, Division 16-5-1,
16-5, Chapter 16, Lawton City Code, 2005, making it unlawful for a retailer to offer for retail
sale to any patron a glass tube, providing for codification, severability, and providing for an
27. Consider an ordinance creating Section 23-5-548, Article
23-5, Chapter 23, Lawton City
Code, 2005, pertaining to prohibiting public transit drivers from using certain devices while
operating motor vehicles, providing for codification, severability, and providing for an effective
date. Exhibits: Ordinance No. 11-____.
MOVED by Haywood, SECOND by Shoemate to adopt Ordinance 11-39, waive the reading of
the ordinance, read the title only and providing for an effective date. AYE: Zarle, Haywood,
Wells, Shoemate, Tenis, Bellino-Hall, Givens. NAY: None. MOTION CARRIED
(Title read by City Attorney) Ordinance
An ordinance pertaining to public transit drivers creating Section 23-5-548, Article
23, Lawton City Code, 2005, prohibiting public transit drivers from using certain devices while
operating motor vehicles, providing for codification, severability, and providing for an effective
28. Consider a resolution approving the execution and delivery
by the Lawton Economic
Development Authority of a 2009 Economic Development Capital Improvement Reformed Note
in the amount of not to exceed $12,000,000 in aggregate amount outstanding at any one time for
the purpose of establishing a later maturity date of December 5, 2011. Exhibits: Resolution No.
11-____ and Revised Note.
Bellino-Hall clarified that this resolution is just moving the maturity date of the
December. It does not change the rate.
Mitchell stated the resolution ratifies the action of LEDA in extending the loan.
Bellino-Hall questioned how often the interest comes due.
Mitchell stated it is payable monthly.
Bellino-Hall questioned if the $600,000 that was approved is for the full year.
Mitchell stated that was for a full year.
Bellino-Hall questioned what happens in December if we don t meet the qualifications
Mitchell stated we would have to discuss our options with the banks. The banks
that the loan would be extended depending on what happens between now and December. They
are anticipating having at least one closing.
Bellino-Hall stated that by December we should have some idea of where we are going
Givens stated he made this motion with the understanding that there is going to be
a TIF note
executed by LEDA to the City that at some point in time will replace the $600,000 from the
economic development fund. He stated there will also be a special council meeting to meet with
the attorneys that have been working for LEDA and with the banking group as well so the
council can be better informed about what is happening with the 2
nd Street project.
Jensen stated they do have a TIF note for up the $600,000 prepared and it will be
on the next
MOVED by Givens, SECOND by Haywood to adopt Resolution 11-70. AYE: Haywood, Wells,
Shoemate, Tenis, Bellino-Hall, Givens, Zarle. NAY: None. MOTION CARRIED
Curt Francis, 2426 SW G Avenue, stated item #7 on the agenda tonight was voted down. He
questioned if it is going to be the policy of the council to deny all revocable permits. He stated
he did not get to the meeting in time to speak on this item. He stated the easement only includes
PSO and Centerpointe. There are no city utilities in the easement. He met with both
Centerpointe and PSO and they both signed off on it. He stated it is a 15 foot easement and they
are leaving them 12 feet to get their trucks in and out. He stated city staff had recommended
Haywood questioned why Mr. Francis did not contact his council person.
Mr. Francis stated he did not feel he had to since staff was recommending approval.
Wells stated the concern is with building something that future homeowners may not
be aware is
there. It is not fair for future homeowners and they cannot guarantee that future homeowners
will know that revocable permit is in place.
Bellino-Hall stated the easements in her office complex have been completely demolished
because the city is putting in new water lines and she accepts that. If she was a homeowner and
someone came and tore up her patio that she assumed was on her property, she would be upset.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
Haywood stated that he appreciated all of the city employees that are working out
in the heat.
Givens stated the Howard Council exhibit will start on Sunday.
Mitchell stated there will be a project meeting on Thursday at St. Paul s Methodist
discuss the 38
th Street project. Construction will begin on or about September 6th.
Ihler stated a couple of months ago the council approved a hazardous mitigation plan
consulting engineer to perform that work and as part of that work there is an emergency
management advisory committee. They are asking for a volunteer member from the city council
to participate on this committee. They will meet about four or five times over a period of six
Tenis volunteered to participate.
There being no further business to consider, the meeting adjourned at 8:30 p.m. upon
second and roll call vote.
/s/ Fred L. Fitch___________________
FRED L. FITCH, MAYOR
/s/ Traci L. Hushbeck______________
TRACI HUSHBECK, CITY CLERK