MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

FEBRUARY10, 1998 - 6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

John T. Marley, Mayor,    Also Present:

Presiding    Gil Schumpert, City Manager

        Felix Cruz, City Attorney

        Brenda Smith, City Clerk

The meeting was called to order at 6:00 p.m. with Invocation by Rev. Raymond Frizzelle, First Assembly of God Church, followed by the Pledge of Allegiance. Notice of meeting and agenda were posted on the City Hall bulletin board in compliance with State law.

ROLL CALL

PRESENT:    Jody Maples, Ward One

        Richard Williams, Ward Two

        Jeff Sadler, Ward Three

        John Purcell, Ward Four

        Robert Shanklin, Ward Five

        Charles Beller, Ward Six

        Carol Green, Ward Seven

        Randy Warren, Ward Eight

ABSENT:    None.

PRESENTATION OF CITIZEN OF THE MONTH AWARD TO WHIT OZIER

PRESENTATION OF ANNUAL REPORT BY MAYOR'S COMMISSION ON STATUS OF WOMEN

CONSIDERED APPROVAL OF MINUTES OF JANUARY 27, 1998, LAWTON CITY COUNCIL MEETING.

AUDIENCE PARTICIPATION:

Don Kesler, Chairperson, Lawton Human Rights and Relations Commission, requested permission to obtain name badges for the Commission, at the expense of the members. The badges would be black and white and would not contain the City seal.

PRESENTATION OF STATE OF THE CITY ADDRESS BY MAYOR MARLEY

    My fellow citizens, it is my pleasure to report on the state of your City.  The beginning of a new year is an excellent time to reflect on accomplishments of the past and ponder goals of the future.

    Tremendous progress was made on capital improvements. Top priority projects continued to be the sewer collection system, wastewater treatment plant, and sanitary landfill.

    The Sanitary Sewer Evaluation Study (SSES) was completed.  This $3.1 million study of the City’s sewer collection system identified over $60 million of improvements which must be made.  You may recall that the City is currently under an Administrative Order from the U.S. Environmental Protection Agency (EPA) to improve the sewer system.   A very difficult issue addressed by the City Council was how to fund the improvements.  In November, Council passed an ordinance which will place a sales tax question on the March 10, 1998 ballot.  The proposal is to assess a sales tax of one-quarter of one percent (0.25%) beginning June 1, 1998, and ending on December 31, 1999,  (Or for approximately 18 months) and then a one-and-one-quarter percent (1.25%) beginning January 1, 2000, and ending on December 31, 2025.  If approved by the voters, the tax will fund the sewer rehabilitation and other major capital improvements through the year 2025.  The only other available funding option is to significantly raise all utility rates.

    Now that I have said that, let’s look at our sales tax structure for a moment.  Currently, the tax is 8.75% and that, in my opinion, is too high for the long term.  The 8.75% is divided as follows: 4-1/2% to the state, 1% to County for Bar-S, and 3.25% to the City (including 1-1/4% CIP and 2% municipal government).  The one percent (1%) Bar-S tax will be eliminated prior to June, 1998; the one-and-one-quarter percent (1-1/4%) 1995 CIP tax will be eliminated December 31, 1999, as will the one-quarter percent  (1/4%).   If the new taxes are approved by you, the voters, on the March ballot, our sales tax rate will be 7.75% as of January 1, 2000.

    The sewer rehabilitation project will cost approximately $3.5 million dollars per year for the next 21 years.  Although that is a significant financial burden on the community, the schedule could have been much worse; however, through the combined efforts of your elected officials and, in particular, the City staff, we were able to successfully negotiate with EPA and the Oklahoma Department of Environmental Quality (ODEQ) for a three-phase schedule (21 years) to complete the project.  Initially, it appeared that we would be given no more than ten years to complete all improvements.  We then would have had to generate in excess of $6 million dollars per year to fund the program.  All who participated in the negotiations with EPA and ODEQ are to be congratulated - their efforts will significantly benefit all citizens by reducing the tax burden of this project.

    In a related matter, a Notice to Proceed was issued in April 1997 for the expansion of the City’s Wastewater Treatment Plant. This $18 million project, funded by the 1995 CIP, will increase the capacity of the plant from 10 million gallons per day (MGD) to 18 MGD.  Anticipated completion date is August, 1999.  The additional capacity will allow us to consistently meet all EPA/ODEQ discharge limits and allow us to accommodate additional flow, thereby making Lawton more competitive in the search for new industry and other economic development opportunities.

    The City’s sanitary landfill now meets all federal Sub-Title D standards.  In excess of $3 million has been spent from the 1995 CIP to install liners, construct leachate collection systems, stormwater and leachate collection ponds.  These improvements, coupled with the acquisition of 430 acres of adjoining property, will serve the City’s solid waste disposal needs well into the twenty-first century, but the City still must formulate a plan to handle yard waste so as to lessen the impact on the landfill.

    Progress has been made in addressing flooding City-wide, but in particular, in the Meadowbrook  area.  The City entered into an agreement with the Army Corps of Engineers to complete a feasibility study for the middle branch of Wolf Creek to determine the best course of action to take to minimize or eliminate the threat of flooding.  The City has also purchased property and has begun design of a detention reservoir, south of Rogers’ Lane and east of 67th Street.  Efforts will continue to reduce flooding problems City-wide.  The $1.00 on your service bill has helped to make a great improvement in the stormwater drainage problems of the City.

    Bridges on SW 38th Street and on Bishop Road have been completed.  These significant improvements will enhance traffic movement in these areas and will also help reduce flooding upstream due to a greater capacity to let water flow downstream.

    Ribbon cutting for Rogers’ Lane Phase IV was held in March.  Phase IV consists of Rogers’ Lane from 52nd to 82nd and 82nd from Rogers’ Lane to U.S. 62.  This $6.5 million project completes the bypass around the northern boundary of the City from I-44 to U.S. 62.  The project represents a major improvement to our transportation system and greatly benefits our citizens.  In December, this project received an award from the American Concrete Pavement Association as a finalist for the best urban arterial project in the nation.  The next phase of this project, West 82nd from Lee Blvd to US 62, is currently under design.

    The $2.2 million expansion of the museum of the Great Plains was completed and a grand opening held in October.  This substantial improvement, funded by the McMahon Foundation, enhanced the museum’s position as the finest museum in the region, and we are proud to have the Tingley Collection of priceless Native-American artifacts showcased here.  Work progresses on creation of a Museum Trust Authority to be in place on or before July 1, 1998.  This reorganization should improve the management  and operation of the museum and enhance efforts to promote development of the Museum of the Great Plains as a regional institution of great cultural and tourism potential.

    Numerous other capital improvement projects were either started or completed during 1997.  Railroad crossings were improved and made safer through the Railroad Corridor Safety Program, Cache Road was beautified as a joint project of local business owners and the Oklahoma Department of Transportation. Various other street, drainage, water line and sewer line projects were completed.  The capital improvements made during the last several years have enhanced our community’s infrastructure.  A good infrastructure which can accommodate growth is a vital ingredient to our prosperity and economic development.

    *    Construction of the Bar-S plant is proceeding and should be operational this month.  The plant will contain six smokehouses during its first phase of development.  Approximately 500 jobs will be created over the next 24 months.  The annual payroll, exclusive of benefits, will be $11 million.  The company has already begun to hire and train workers.

    *    Chemical Packaging Corporation (CHEMPAC) opened its plant in July.  The Comanche County Economic Development Task Force and the Comanche County Excise Board provided incentive funding that assisted in the project that will employ 125 people with an annual payroll of over $2.5 million.

    *    Cosmetic Specialty Labs will expand operations, adding nearly 100 employees over the next several years.  This expansion was made possible by the Lawton Industrial Foundation transferring a lease for adjacent property to Cosmetic Specialty Labs.

    *    DFAS at Fort Sill continues to expand with approximately 258 employees presently.  The ongoing $12.8 million renovation of the DFAS building will allow the facility to accept additional work as others close.  The City will continue to work with the Lawton Chamber of Commerce and Industry and the Oklahoma Congressional Delegation to insure that this vital project continues and expands.

    

    *    During 1997, a task force comprised of local, county, and state officials, as well as representatives of the business community, was formed to explore the possibility of the development of a private prison.  In May, Wackenhut Corporation announced its intent to construct a 1,400 bed medium security facility in this area.  The prison will create up to 335 jobs and an $8 million annual payroll plus benefits. Construction is ongoing on the $40 million facility.  Although a hotly debated issue in the community, siting of the prison will provide hundreds of good jobs and boost the economy of the entire region.  The facility is scheduled to open March, 1999.

    In addition to economic development, tourism was notably successful.  The local economy was significantly effected by numerous events and conventions that brought more than 6,300 visitors to Lawton-Fort Sill during 1997.  Some of the events included:

        Oklahoma Jr Beef Exposition

        US Field Artillery Reunion

        Republic of Korean Liaison Reunion

        Miss Black Oklahoma Pageant

        National Shorthorn Show

        Gold Wing Motorcycle Rally

        Mid-America Dance National Convention

Several major sporting events proved beneficial to local merchants.  Some of  those events were:

        Lawton Rangers’ Rodeo

        Tour DeMeers

        Tour of the Wichitas

        ASA Softball Mens Super Qualifier

        ASA Softball National Mens Major

        ASA Girls, 14 and Under State Tournament

        OK Kids Wrestling Tournament

The highly successful Arts for All and International Festivals, and Boulevard of Lights continued to attract visitors to Lawton-Fort Sill.  On New Year’s Eve, approximately 6,000 people welcomed 1998 in downtown Lawton at the inaugural First Night celebration.  This event should get bigger and better each year.

    The one shortfall in the tourism areas is the lack of a conference center that will handle 1200-1500 people.  This shortfall needs to be addressed in the not-too-distant future.  All in all, I think you will agree that 1997 was a very exciting, very productive year for the Lawton-Fort Sill community.  We are filled with hope and anticipation as we enter the new year.

  Let’s look at what’s on the horizon.

    Your municipal government continues to do an excellent job with available resources.  Your elected officials and City staff continually strive to become more responsive, more efficient.  In an effort to become more “user friendly,” we continue to meet on a quarterly basis with contractors, developers, and others in the building industry to listen to their concerns.  This process has resolved many problems, enhanced dialogue between the City and this important industry, and significantly improved our working relationship.  The City will continue to consider this a high priority item.  We, in public service, must never forget that we work for the citizens, who are in fact the stockholders of this corporation we call City of Lawton.

    I am pleased to report good news in the Public Safety area. The Police Department has recently secured federal grants in the amount of $561,097 to upgrade technology of the department and to hire additional police officers.  Records of the Police Department show a decrease of 10% for Class I property crimes and a decrease of 24% for Violent Class I crimes for 1997. Although these statistics are reassuring, recent tragic events remind us that crime is still a serious problem in Lawton, as it is in small towns and large cities across America.  It’s especially alarming that our youth are often the perpetrators or victims of violent crimes.  We must enhance our efforts to provide beneficial alternatives to drugs and gangs.  Our children and young adults are this community’s most precious resource - they are, in fact, the future of Lawton-Fort Sill.

    The Fire Department reports that the City’s fire insurance classification rating was upgraded from level 4 to level 3.  This rating, established by the Insurance Services Organization (ISO), is based on several factors to include staffing and training of Fire personnel, maintenance and adequacy of the water distribution system and code enforcement efforts.  The benefits to citizens at level 3 are reduced insurance rates, and improved fire protection. Fire Department records also show that total number of fire related occurrences decreased from 722 in 1996 to 481 in 1997, a 33.4% decrease.  Total monetary loss in 1997 decreased by $428,912, or 26.1% compared to 1996.

    A new task force for Community Development has recently been formed.  Membership on this task force is from all areas of the community.  The purpose is to identify major capital improvement needs, prioritize the needs and develop a strategy to make them a reality.  The first meeting of the task force was on January 22nd.  A well coordinated effort is absolutely necessary to accomplish community goals.  Individual entities such as the County, City, Fort Sill, and Lawton Public Schools have their own needs.  Too often, in the past, there has been a conflict of interests, i.e., if the City supported a sales tax for Lawton Public Schools it would jeopardize its chances of successfully passing a subsequent issue for infrastructure improvements.  We are one community - our destinies linked for success or failure.  To succeed, our relationship must be one of mutual support and cooperation.  I am excited about this new task force and am confident that its work will be a key ingredient to the success of our future growth and development.

    We continue to make progress on public transportation.  A Community Needs Assessment, completed in 1996, again identified the need for public transportation and transportation for the disabled and elderly as the greatest needs of the community. In response to this need, the City Council established a Transit Task Force.  A collaborative and coordinated effort is being made to develop a Transit Plan and submit an application for funding to the Oklahoma Department of Transportation.  The Council has hired a consultant to provide technical assistance in the development and design of a system.  A series of public meetings to include the latest on January 22, have been held to brief citizens on the project and solicit comments and suggestions.  The next public meeting will be  this month after completion of the draft report.  The purpose of the meeting will be to present the draft report and solicit comments on the design, prior to final presentation to the City Council.  I congratulate the members of the Transit Task Force for their diligence in addressing this important need.  Unfortunately, our investigation of other transit systems around the country indicates that nearly all such systems are not profitable and must be subsidized by the community they serve.

    In the area of tourism, the Lions Club District III Winter Convention was held in Lawton last month.  Other events planned for 1998 include:

        Oklahoma Society of Environmental Education Convention in February

        Regional Good Sams RV Rally in March

        Oklahoma Club Calf Association in April

        Oklahoma Association of Pupil Transportation in June

The Oklahoma Community Theater Festival and AMBUCS Regional Convention are scheduled for 1999.  And, as you know, Lawton will celebrate its centennial in the year 2001.  Although three years away, it is not too early to begin planning for this celebration.  I’m sure all Lawtonians will want to showcase our City throughout the state and region as we observe the City’s 100th birthday.  The City Council has already appropriated $25,000 for the Centennial, and I hope will add more dollars each year until 2001 to help finance the festivities.  I have asked the Assistant City Manager to begin work on the Centennial and believe he will soon solicit volunteers to serve on a Centennial task Force to plan, organize, and facilitate this important celebration.

    Municipal elections will be held in March.  Voters will elect a Mayor and two Council members.  In addition, the sales tax issue to fund the sewer rehabilitation program and other capital improvements as we discussed will be on the ballot as well as a Charter amendment to have the City Attorney work directly for the City Council instead of the City Manager.  All of these issues are extremely important to our City’s  future.  It is vital that you, the citizens, take an interest, participate in the process, and vote.  We have an obligation and privilege to perform this most important civic duty.

    As I draw this report to a close, let me emphatically say that the state of our City is excellent.  Lawton is a dynamic, vibrant City poised to enter the 21st century with confidence and resolve.  The frontier spirit of courage, cooperation and support are alive and well.  Several years ago, the City adopted the following mission statement: “Providing efficient, effective, and responsive service.  Promoting a quality of life based on harmony and cooperation.  Creating leadership and opportunity for Southwest Oklahoma.”  We will continue to focus on this mission and strive to do an even better job.  As stewards of the public’s trust, we can do no less.

    I must add that for the past several years the City Council and City staff have formed a very cohesive group that has worked long and hard for the betterment of all citizens.  My sincere “Congratulations” go to both entities.

    My fellow citizens, thank you for giving me the opportunity to serve as your Mayor.  It is an honor to represent you.   God bless you all.

John T. Marley,

Mayor

UNFINISHED BUSINESS:

1.    Consider awarding a contract for vehicles. Exhibits: Vendors Mailing List; Bid Tabulation; Detail of Vehicle Funding. Accepted staff recommendation.

Mayor Marley said Items 5 and 12 would be pulled from consideration.

2.    Hold a public hearing and consider an ordinance amending the 2020 Land Use Plan from Residential-Multi-Family to Public/Quasi-Public and changing the zoning from R-4 (High Density Apartment District) to P-F (Public Facilities District) zoning classification located at 1302 SW E Avenue and 1301-1305 SW F Avenue. Exhibits: Ordinance No. 98-2; Location Map; Applications for Amendment to the Land Use Plan and Rezoning; LMAPC Minutes.  (Salvation Army). Discussed the Mayor being the liaison with McMahon Foundation.

3.    Hold a public hearing, receive citizen input, and consider approving the Consolidated Annual Performance Report (CAPR) for Federal Fiscal Year (FFY) 1996 for submission to HUD. Exhibits: CAPR Executive Summary; CDBG FFY 1996 Summary; HOME FFY 1996 Summary; HOME Match Report. Approved Report for FY 1996; See if United Social Action is going to use the money for the Dunbar Roof and report back.

4.    Hold a public hearing to consider Change 1 to the Consolidated One-Year Action Plan for FY 1997, receive input from citizens and consider approving the change. Exhibits: Contingency Fund Tables. May need more money next year for sewer work for individuals.

5.    Hold a hearing to consider the appeal of Winston L. Brown regarding the Administrative Order to mow and clear the property located at 2005 SW 38th Street. Exhibits: Administrative Order; Notice of Appeal. Removed from the Agenda.

6.    Consider authorizing the expenditure of $71,000 from the 1995 Capital Improvements Program (CIP) to overlay and improve NW 53rd Street from Gore Boulevard to Cache Road. Exhibits: Cost estimate dated 1/19/98 from Street Division Superintendent. Authorized $71,000 to improve NW 53rd from Gore to Cache; $179,000 for Flower Mound Road from Gore to Rogers Lane. (total $250,000 from CIP Program).

7.    Consider authorizing the expenditure of $130,000 from the 1995 Capital Improvements Program (CIP) to remove three under ground storage tanks for fuel and install two above ground storage tanks at the Public Works/Engineering Yard. Exhibits: None. TABLED ITEM, FIND OTHER FUNDS: $130,000 from 1995 CIP.

8.    Consider approving a request for left turn bays and median openings at 2302 East Gore Boulevard and 2612 West Lee Boulevard. Exhibits: Schematic Drawing and Letter from Landmark Engineering; Council policy 8-2; Letter dated 7/25/97 from Traffic Engineer. 2302 E Gore approved; work with ODOT on 2612 W Lee to have third lane by DHS and Sonic, and if it cannot be worked out, bring it back.

ADDENDUM:

1.    Discussion of Council questions held

A1    Council Contingency requested for City Attorney’s Professional Services Account approved ($12,100 plus $7,400.93)

9.    Consider the following damage claims recommended for approval: Ronald and Belinda Coleman; Theodore J. and Evelyn Freeman; Mike and Diana Bizzell; Clyde L. and Diane Kreeger; Buford W. Rooks; and Robert and Ann Reeder. Exhibits: Legal Opinions/Recommendations. Approved as recommended.

10.    Consider the following damage claims recommended for denial: Carolyn Brinson and Wes and Hui Y Cavis. Exhibits: Legal Opinions/Recommendations. Denied as recommended.

11.    ITEM CONSIDERED SEPARATELY AS SHOWN BELOW.

12.    Ratify the action of the Lawton Water Authority relating to the action it took on the Schoolhouse Slough concession lease. Exhibits: None. DELETED - WATER AUTHORITY ITEM.

13.    Consider a resolution authorizing the installation and/or removal of traffic control devices at the specified locations. Exhibits: Resolution No. 98-17; Draft Traffic Commission Minutes excerpts of 1/22/98.

14.    Consider a resolution approving a request to designate two (2) handicapped parking spaces on the south side of the 1300 block of SW C Avenue. Exhibits: Resolution No. 98- 18 ; Excerpts from Draft Minutes of Traffic Commission Meeting of January 22, 1998.    

15.    Consider adopting a street light resolution to authorize installation and removal of additional street lights in residential areas. Exhibits: Street Light Resolution No. 400.     Approved.

16.    Consider awarding a contract for professional architectural services to Perry Horacek for the Central Fire Station Renovation Project 97-16. Exhibits: Location Map; Scope of services from the RFP. Approved.

17.    Consider setting a date of March 24, 1998, to hold a public hearing to consider an ordinance closing six easements for an underground storm sewer system on Lots 25-30, Block 1, Koehler Addition for the proposed development of a Walgreens Store at NW Ferris and Sheridan Road. Exhibits: Application for closure; Proposed relocation map. Date set as recommended.

18.    Consider authorizing the City Attorney to file a disclaimer in an action to vacate a portion of a plat of Pecan Valley, Part 2, Comanche County. Exhibits: None. Approved.

19.    Consider approving federal and state applications for universal service to make the Library eligible for discounted telecommunication rates and authorize the Mayor to sign any necessary contracts. Exhibits: None.  Approved.

BID ITEMS:

20.    Consider awarding contract for video print kits. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Digital Descriptor Systems, Inc.

21.    Consider awarding contract for engineering copier. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Stewart Engineering Supply.

22.    Consider awarding contract for horizontal air compressor. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Myers Tire Supply.

23.    Consider awarding contract for ultra light aluminum trench shield. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. ICM of Oklahoma City.

24.    Consider awarding contract for riding mower. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Easton's.

25.    Consider awarding contract for a center post tire exchanger. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. John Ketchum.

26.    Consider awarding contract for biomonitoring testing. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Stover & Assoc.

27.    Consider awarding contract for fire hose. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Chief Fire & Safety.

28.    Consider awarding contract for demolition of 7 NW Columbia. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation Southland Construction.

ITEM 29 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

30.    Consider awarding contract for demolition of 109 NW Dearborn. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation.  Southland Construction.

ITEM 31 WAS CONSIDERED SEPARATELY AS SHOWN BELOW

32.    Consider approval of payroll for the period of February 9 through 22, 1998. Exhibits: None.

11    Consider approving a contract for sale of real property between the City and Chung Graham for the purchase of property at 631 SW D Avenue, Lawton, Oklahoma, appropriate the purchase price from the 1995 CIP Fund, approve and authorize execution of a contract and acceptance of a warranty deed for said property. Exhibits: None. ITEM TABLED TO IDENTIFY OTHER FUNDING SOURCE THAN 1995 CIP.

29.    Consider awarding contract for demolition of 110-1/2 NW Dearborn. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. TABLED ITEM FOR TWO WEEKS - Southland Const.; John Henry Nelson to appear to state his plans.

31.    Mayor’s Appointments. Exhibits: None. Commission on Status of Women: Bard, Woodruff; McMahon Auditorium Authority: Hughes.

EXECUTIVE SESSION:

33    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss a damage claim filed by Linda Tyer, by and through her attorney of record, Joe B. Reeves, and, if appropriate, take action in open session. Exhibits: None.     Res. 98-19.

34.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss a settlement offer relating to the alleged wrongful termination due to Worker’s Compensation injuries of Oscar Aguilar and, if necessary, take appropriate action in open session. Exhibits: None. Res. 98-20.

ADDENDUM: Public Safety - No action. Steve Wilson v. City - No action.

REPORTS: MAYOR/CITY MANAGER/CITY COUNCIL.

Shanklin had a recycle bag for grass clippings from Aurora, IL and said it may not be Lawton’s answer but it was the way one city handled it, along with stickers.

Sadler asked what was taking so long on the project McMahon funded and Schumpert said it had been added to other projects.

Maples commended Tucker and Schumpert for working with a Ward 1 resident on a barbed wire fence.

Schumpert reported on an OML meeting on utility aggregation.

Warren offered to work with the county regarding a jail since the election measure failed.

ADJOURNED AT: 9:50 p.m.