MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

JUNE 9, 1998 - 6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Cecil E. Powell, Mayor Presiding

Also Present: Gil Schumpert, City Manager; Felix Cruz, City Attorney; Brenda Smith, City Clerk

The meeting was called to order at 6:28 p.m. Notice of meeting and agenda were posted on the City Hall notice board as required by State law.

ROLL CALL:

Present: G. Wayne Smith, Ward One; Richard Williams, Ward Two; Jeffrey Sadler, Ward Three; John Purcell, Ward Four; Robert Shanklin, Ward Five; Charles P. Beller, Ward Six; Carol Green, Ward Seven; Randy Warren, Ward Eight

Absent: None.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL MEETINGS OF MAY 19, 21, 26 AND 28, 1998; AND CORRECTION TO MINUTES OF APRIL 28, 1998.

MOVED by Green, SECOND by Sadler, to approve the minutes. AYE: Green, Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

AUDIENCE PARTICIPATION: None.

BUSINESS ITEMS:

1.  Hold a public hearing and approve a resolution adopting the 1998 Lawton Area Transit Plan as the guiding policy document for development of public transportation. Exhibits: Route Structure and Maps; Operation Budget Summary; Revenue Sources; Transit Plan.

Julie Sanders, Planning Department, said the draft plan was presented April 7 to LMAPC and Council and the comments have been incorporated into the final document. The Transit Task Force and LMAPC recommend adoption of the transit plan. Adoption of the plan does not commit the City to funding or implementation but states that if Lawton desires to fund a transit system, it would be the one contained in the plan.

Sanders said key components are a fixed route system with five routes, operated on a pulse system from the downtown area where two buses will travel in a clockwise-counter clockwise manner so there would be approximately 30 minutes between buses. Fare recommendation is $1 for the general public. System would be operated Monday through Saturday on a 13-hour a day schedule. Federal Transit Administration  requires with a fixed route system that complimentary para-transit be available for those who cannot ride the fixed route system; initial recommendation is that it be contracted with an existing provider or a new provider. Express route from Fort Sill to the Airport is being considered, to be funded through a contract negotiated with Fort Sill and that route would be totally separate from the fixed route.

Debra Ruggles, Vice President of Management Services, McDonald Transit, said this has been named the Lawton Area Transit System and she gave a slide presentation. Many agencies and individuals had identified transportation, in some cases, as the number one need in Lawton. The system would contain 14 buses, 11 of which would be the maximum number on the street at any one time, with three used as spares and that is necessary for preventative maintenance and major repairs to insure buses are available to provide services. There would be 26 employees, such as bus drivers, supervisor, dispatchers, mechanics, cleaners and fuelers, and administrative employees. Facilities would be leased or shared with another entity in Lawton, and the budget shows $1,500 per month to share a lease. If the space is donated, that could be used as in-kind revenue.

The system will have five routes and buses would operate Monday through Saturday from 6 a.m. to 7 p.m. approximately 66% of the households in Lawton would be covered by the routes within a three block area, and within half a mile, 75% of the residents are covered. Routes were reviewed on slides showing areas the buses would cover.

The Americans With Disabilities Act requires a fixed route system to provide ADA para-transit complimentary service, which is door to door service for persons with disabilities who are unable to use the fixed route bus. Funds are included in the budget for this service. Since the requirement for this service is not known, if funds remain in the budget from this category, they could be used to provide other services, such as an evening user service to subsidize cab rides. Those decisions are yet to be made and would be considered when implementation approaches.

Adults would pay $1. The federal government requires, with the local entity defining the appropriate age, to offer seniors and persons with disabilities a half fare discount on the transit system during the off peak hours, which are generally defined as 9 a.m. to 3 p.m. Most small transit systems offer that fare all the time and that is recommended in this case. Youth fare for persons 6 to 18, which are heavy users, would have a recommended fare of fifty cents; children under the age of six, when accompanied by an adult, would ride for free.

Operating cost for the first full year, minus capital costs, were presented. Personnel services, which are wages and benefits for the employees, would be $740,690; materials and services, primarily fuel, tires, bus parts, office supplies, would be $103,090; purchased services, to include ADA para-transit and professional services such as legal, janitorial, would be $169,680; taxes, utilities and insurance would be $93,240. Total first year operational cost would be $1,106.700. The cost does not include advisory or management services to operate the system. If a contract is entered into with a management firm, they would be paid an annual fee, which would encompass the general manager and all support services from the corporate staff of the company. The general manager salary is included in the budget, the advisory services are not. Another $40,000 would be added if a management firm were hired.

In terms of operating revenue, the Federal Transit Administration allocates funds yearly to cities over 50,000 population, whether a system is in place or not. Lawton has been getting those allocations but not drawing down the money. In the first year of operation, funding from FTA would be $674,400. Revenue from the fare box would be $113,700. Local funds in the amount of $168,600 would be required, some of which would be paid by the Oklahoma Department of Transportation. ODOT has a transportation fund and 95% goes to existing providers, and 5% goes to new programs. Lawton would be eligible to receive some funding but the amount is not known. The local funding can be reduced by having a contract with Cameron University. If Cameron paid $3 per student, the system would receive $15,000, in exchange for free access to transportation on the system so a student could ride free with their ID card. Advertising revenue is also possible. Funds can also be provided by Medicaid through the welfare to work program, which could reduce the local share. Some employers will pay the system for their employees to be provided the transportation. In-kind donations are possible, as was mentioned with a facility lease, and the fair market value of the service or lease could be counted as an in-kind donations, or a soft match.

In terms of capital purchases, 80% of the funding would be from the Federal Transit Administration and 20% from the City of Lawton. Funding from ODOT is possible, as well as from local foundations. $1.4 million in start up expenses would come from the federal government, and $168,700 would be funded on the local level. Start up funding includes buying 14 buses. It is anticipated that 29 passenger buses would be used, equipped with wheel chair lifts, at a cost of $100,000 each, or $1.4 million. Fare boxes to collect revenue and account for ridership would cost $7,000. Two-way radios are very important and would cost $16,000. Service vehicles are needed; a sedan would allow the supervisor to evaluate performance of the drivers; trucks are needed for maintenance staff, and $35,000 was included for service vehicles. Office equipment, furniture, desks, tables, chairs and computers come to $13,000. Bus stop signs are $25,000. They identify where the bus will stop and advertise the system. Benches are budgeted at $12,500 but some communities do not buy the benches directly but have an advertising agency provide them and share the revenue from the advertising with the system. Shelters are budgeted at $20,000. Shop equipment, lifts, portable lifts, specialized equipment to maintain the fleet is budgeted at $15,000. Pictures were shown of the proposed buses in front of local establishments. Buses can be equipped with either wheel chair lifts or ramps, and there are operational advantages of each. Central business district transfer station was shown. Public transit is an asset and businesses frequently ask if it is available in a community when deciding locations for their firms. Buses can also be used for transportation to special events or for tours. Existing businesses benefit because residents have increased access to be able to shop.

Purcell asked for clarification on first year start up costs and operational costs. Sanders said the first year is not really operating, but buying the capital, so the local match the first year would be toward the capital expense and the local share is $285,738. Sanders said for the first full year of operation, after the capital is acquired, the local match would be $265,396. Ruggles said funds are reserved each year to meet a seven year replacement cycle on the buses. Purcell asked if the annual operating cost for future years would be $265,000 and Ruggles said that is very close. Williams asked if the numbers included advertising revenue and Ruggles said no.

Shanklin asked about other places McDonald Transit had worked and the success of the systems. Ruggles said they manage 16 transit systems and Ocala, Florida is currently ordering its buses to begin operation in November. Other systems are in operation in Abilene, Lubbock and Waco, Texas, and Boise, Idaho. Some towns have a mixture of 29 passenger buses and larger buses. The system in Odessa, Texas, is no longer operational, in part due to the downturn in the oil industry that impacted on the local economy. All communities must subsidize their systems.

PUBLIC HEARING OPENED.

Joe Reynolds said he rode buses in Lawton until 1945, and ridership fell off at that point. He said he was on the City Council in 1969 and 1970, and on the Chamber of Commerce Transportation Committee that worked very hard to keep the bus system alive but they could not make it work. Reynolds said a vote was held in later years on establishing a bus system, and a $300,000 commitment was received from McMahon Foundation contingent upon the election passing, but it did not pass. He said he was not speaking in favor of or against the question but that he had experienced this since 1939 and personally felt the cabs are working mass transit. Reynolds said with a voucher system, the cabs would be a fairly cheap way to expand public transit. He said he had no interest in any cabs but felt it might be workable.

Allen Williams, cab driver, said they have voucher systems and had been told the owner, certificate holder and bearer must start providing systems for handling wheel chairs. He said there are mini-vans in place and almost every avenue has been covered in that regard. Williams suggested Council work with the cab companies, and that development could take place which would take the needs into account. He said transportation is already available by cab, and upgrades are taking place, although those requirements are placed on the individual cab owner.

PUBLIC HEARING CLOSED.

MOVED by Shanklin, SECOND by Warren, to approve Resolution No. 98-98 adopting the Lawton Area Transit Plan as the guiding policy document for the development of public transportation. AYE: Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller, Green. NAY: None. MOTION CARRIED.

 

(Title only)  Resolution No. 98-98

A resolution approving an amendment to the 2020 Comprehensive Transportation Plan to include the 1998 Lawton Area Transit Plan as an element.

2.  Hold a public hearing and consider an ordinance amending the Land Use Plan from Residential-Multi Family to Commercial and Office and changing the zoning from R-4 (High Density Apartment District) to C-5 (General Commercial District) zoning classification located at 2502 East Gore Boulevard. Exhibits: Ordinance No. 98-22; Location Map; Applications; Analysis; Map illustrating Staff’s recommendation; Letter from Dr. Gilbert C. Gibson; Minutes of May 13, 1998, LMAPC Meeting.

Bob Bigham, City Planner, reviewed background as follows: Applicant is Dr. Gilbert Gibson; 5.73 acre tract was pointed out on viewgraph. Proposed use is commercial and specific activity was not given. The 2020 Land Use Plan shows the area as residential multi-family. LMAPC held a public hearing; one person spoke in favor and one spoke in opposition. LMAPC, by a 7-0 vote, recommended approval for rezoning of the entire tract. Staff recommendation is C-5 along East Gore and C-1, local commercial, to provide a buffer against the single family residential area in Skyline East Addition.

Discussion was held clarifying staff recommendation that the three lots on East Gore be zoned C-5, and Lots 4, 5, 6 and 7 abutting Skyline East Addition be zoned C-1. The possibility of future requests for upgrade of C-1 to C-3, 4 or 5 on a portion of the lots was discussed. Bigham said C-5 allows open display, plumbing shops, and everything except warehousing and manufacturing and staff does not feel these uses should abut the backyards in Skyline East Addition, single family residences. C-1 is more restrictive while still allowing opportunities for development which is more compatible with the single family residential.

Bigham said NE Lake, with the exception of the mini-warehouse development, is a residential street serving Skyline East Addition, so commercial and residential would be added on the street. Purcell said he understood the staff recommendation on Lots 5 and 6, but not 4 and 7, and that there was not a lot of opposition. Bigham said one person from Skyline spoke against C-5 zoning. Beller asked if the fence or buffer would be required between C-1 or C-5 and the residential area. Bigham said the minimum requirement for development up next to single family is a six-foot screening fence.

PUBLIC HEARING OPENED. No one appeared to speak.

PUBLIC HEARING CLOSED.

MOTION by Beller SECOND by Purcell, to adopt Ordinance No. 98-22, waive reading of the ordinance, read the title only and approve the rezoning as recommended by the LMAPC to C-5 on the entire parcel.

Shanklin said five and six are just one and two-thirds acres. He asked if Council desired that C-5 be approved abutting a subdivision.

SUBSTITUTE MOTION by Shanklin, to adopt Lots 1, 2, 3, 4 and 7 as C-5; leaving 5 and 6 as C-1. Substitute motion died for lack of a second.

(Title read by clerk)  ORDINANCE NO. 98-22

AN ORDINANCE AMENDING THE 2020 LAND USE PLAN FROM RESIDENTIAL-MULTI FAMILY TO COMMERCIAL AND OFFICE AND CHANGING THE ZONING CLASSIFICATION FROM THE EXISTING CLASSIFICATION OF R-4 (HIGH DENSITY APARTMENT DISTRICT) TO C-5 (GENERAL COMMERCIAL DISTRICT) ZONING CLASSIFICATION ON THE TRACT OF LAND WHICH IS HEREINAFTER MORE PARTICULARLY DESCRIBED IN SECTION TWO (2) HEREOF; AUTHORIZING CHANGES TO BE MADE IN THE 2020 LAND USE PLAN AND UPON THE OFFICIAL ZONING MAP IN ACCORDANCE WITH THIS ORDINANCE.

ROLL CALL: AYE: Smith, Williams, Sadler, Purcell, Shanklin, Beller, Green, Warren. NAY: None. MOTION CARRIED.

3.  Hold a public hearing on the proposed budget for the fiscal year July 1, 1998 through June 30, 1999. Exhibits: Preliminary Budget Summaries.

PUBLIC HEARING OPENED.

Boyd Fisher, 306 SW 75th Street, spoke in support of full funding for the library and arts and humanities division. He said industry considers such items when deciding on locating in a community, and the items impact on the quality of life of local residents.

PUBLIC HEARING CLOSED.

Schumpert distributed additional information to Council regarding the budget, to be further considered at a special meeting on June 10.

4.  Hold a hearing and consider the appeal regarding an administrative order to mow and clear property at 1508 SW 4th Street. Exhibits: Notice and Administrative Order; Letter of Appeal; Finding of Fact.

Schumpert said the property has been mowed, therefore, the appeal is moot. An administrative order was given to remove junk and debris and the proper hearing for that will be held in Municipal Court.

PUBLIC HEARING OPENED.

Clarence Williams, 1508 SW 4th Street, said the property has been mowed, and asked that the item be tabled with regard to junk and debris to allow him additional time to comply. It was explained that the junk and debris compliance would be heard by Municipal Court.

PUBLIC HEARING CLOSED.

Explanation of the process of weed abatement, and junk and debris abatement was given. No action was required on this appeal.

5.  Consider adopting an ordinance amending Sections 22-114, 22-132 and 22-144, Lawton City Code, 1995, excepting application of established water, sewer and landfill rates by agreement for industrial and manufacturing consumers and declaring an emergency. Exhibits: Ordinance No. 98-23.

MOTION by Williams, SECOND by Smith, to adopt Ordinance No. 98-23, waive reading of the ordinance, read the title only, and declare an emergency.

(Title read by clerk)  ORDINANCE NO. 98-23

AN ORDINANCE RELATING TO UTILITIES, AMENDING SECTIONS 22-114, 22-132, AND 22-144, AS AMENDED, CHAPTER 22, LAWTON CITY CODE, 1995, EXCEPTING APPLICATION OF ESTABLISHED WATER, SEWER AND LANDFILL RATES BY AGREEMENT FOR INDUSTRIAL MANUFACTURING CONSUMERS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY.

ROLL CALL: AYE: Williams, Sadler, Purcell, Shanklin, Beller, Green, Warren, Smith. NAY: None. MOTION CARRIED.

6.  Consider entering into an agreement for municipal services between the City and Republic Paperboard Company and authorize the Mayor and City Clerk to execute the agreement. Exhibits: Summary of Agreement. (Agreement on file in City Clerk’s Office)

Cruz said the agreement is a result of lengthy negotiations between the City and what was then referred to as the Roadrunner Project. He said on April 7, 1998, the Council, in special session, met with a representative of that firm, and from that discussion, the substance of the agreement was reached with regard to water, sewer and landfill rates. Staff has worked with the attorneys for the company since that time and the staff is satisfied with the terms and substance of the agreement. Cruz said a summary is contained in the agenda item regarding the agreement which is on file in the City Clerk’s Office.

Purcell said he was not present at the special meeting. He said he had a problem agreeing to the sixty-six cents per thousand gallons, and offered to talk to the firm, because Council is locking in for 25 years and selling water that costs ninety-three cents to produce. Purcell said Republic would not produce a roll of paper for $99 and sell it for $66, and that is what is being done here. He said Section 4.4 allows a 5% adjustment ever five years, so 25 years from now, it will still be sold for less than it costs today to produce and does not account for a southeast water plant or other improvements. Purcell said he would not support that, although it might be acceptable for a very short time period. He said Goodyear has received water for sixty-six cents per thousand for several years, and if this is approved, the City will have to continue to sell water to Goodyear for sixty-six cents per thousand. Purcell said it is not fair to the citizens who will have to pay the increase forever.

Beller said Section 3.31 states the consumer will pay solid waste at the rate of $10.70 per ton and asked if recent action would cause those rates to increase. Cruz said no, the fee will be $10.70 because by the ordinance adopted earlier exceptions to the fees are allowed by agreement. Beller said it was his understanding that if the City increased the rates, that would be complied with, and Section 4.4 provides for an adjustment. Cruz said the rate is $10.70 per ton and the adjustment, under Section 4.4, is for 5% for each five years. Beller said that was not his understanding.

Shanklin said the firm will spend $160 million, have 115 jobs at $30,000, and the trade off is that 40% of the waste stream is paper which will be negated 90% when the plant is operational. He said that is where Lawton wins on a trade out on the water rate. Shanklin said if you consider the antiquated water system, you could get to a figure of ninety cents per gallon on water, but that is data for those selling it, and he felt it was still sixty-six cents. He said this had been approved by everyone and now there are mixed emotions and the members understood the action. Shanklin said there is no sense in clouding the issue or making a big deal of it when it is not. He said 50% of the firm’s waste stream will be water, and they will not have as much tonnage as originally thought. Shanklin said you cannot have your cake and eat it too, and there was a lot of anticipation involved in the plant finally deciding to locate here.

Williams said he had no problem selling water to this entity at the same price given to Goodyear, and the firm initially requested a much lower rate. He said some members had indicated to the firm’s representative that they would agree to the rate given to Goodyear, and that is what they got. Williams said he was proud the company was coming and bringing 100 plus jobs at fairly high pay to provide a ripple effect in the community. He said he could not get upset about water when the lines break and it runs in the street, and it is treated water from a pressurized system containing chemicals.

Cruz said at the special meeting on April 7,  staff brought suggested changes to the proposal, and staff’s proposal was not considered because Council by that time had an alternate proposal. He said the alternate proposal was discussed and approved that night, and the terms of that proposal are in the agreement. Cruz said when he stated staff agreed to it, he was not saying the staff agreed to the rates and the fees, but to the terms and conditions in terms of the ability to enforce it, but as far as the fees, that had previously been agreed to by the Council in open session on April 7.

Beller said locking in the rates for 20 years was better than Goodyear had been given. He said he agreed with Purcell that the Council should do the best job for the City, and that he realized the benefits of the company locating in Lawton.

MOVED by Williams, SECOND by Warren, to approve the agreement and authorize execution.

Purcell said he agreed this is a great company and that is not the issue. He said he could not, in good conscience, support selling water for less than it costs. Purcell said he would return an item regarding auditors providing a cost on producing water. He said the City would also have to continue to sell water to Goodyear at a cheaper rate, and in the long run, the citizens would have to make up the difference.

Shanklin said the item should not have gotten this far if there were so many reservations by the members. He said many people put a lot of effort into attracting this industry and that this discussion would get back to the company. Beller said he supported the company and asked the man if they could go look at a similar plant and the response was it was on the east coast, but he later found there is one in Hutchinson, Kansas. Beller said he also had a concern about an odor emanating from the plant and the representative assured him there wouldn't be any odor. Beller said he had to plead ignorance because he thought the sewer and landfill rates could be increased but realized now it was on the 20-year schedule.

VOTE ON MOTION: AYE: Sadler, Shanklin, Beller, Green, Warren, Smith, Williams. NAY: Purcell. MOTION CARRIED.

7.  Consider adopting a resolution designating places and times within municipal jurisdiction to discharge fireworks on July 4, 1998. Exhibits: Resolution No. 98-99.

Schumpert said this is the same resolution approved in past years, however, the Police Chief, Fire Chief and Parks & Recreation Director recommend discharge of fireworks not be allowed.

Williams asked where fireworks could be discharged and Schumpert said any place which is not on City property or in the City limits. Williams said that would mean they would be discharged in the county. Green said fireworks are sold but cannot be discharged so it did not make sense to allow the sale. Green said a child was injured in the house last year in Lawton View when a fireworks was thrown into the apartment causing it to burn down. She said it could have been a tragedy had the child not been able to get out. Green said the person receiving the advantage from the children buying fireworks has dilapidated and unsightly properties. She suggested something be presented next year to prevent the sale of fireworks in the City limits.

Shanklin said he took exception with the reasons listed for denial, such as manpower costs for set up and signing of the fireworks discharge areas, manpower costs to clean up the recreation areas. He said he agreed it was a fire hazard and could be a threat to the public but it seemed late to worry about that after 200 years. Shanklin said crews mow the grass for $94,000 and have $300,000 left so there was adequate funding for the costs. He said people would discharge fireworks in worse places if a place is not provided.

Green said when citizens call to complain about fireworks being shot in the neighborhood there are not enough officers to respond so they are not dispatched because the calls are too numerous. She said this causes problems with the dispatch and police. Williams said there is not a way to stop this unless it is prohibited nation wide; operators could sell fireworks immediately outside the City or on Indian land if the sale is prohibited in the City limits. He said fireworks discharge is prohibited now in the City limits and letting them be discharged at the lakes may allow better control. Purcell said he agreed it would be worse inside the City without this accommodation. Beller asked if discharge is allowed in Elmer Thomas Park and response was that is not allowed.

MOTION by Williams, SECOND by Sadler, to adopt Resolution No. 98-99 identifying those seven areas where fireworks can be discharged for July 4, 1998. AYE: Purcell, Shanklin, Beller, Warren, Smith, Williams, Sadler. NAY: Green. MOTION CARRIED.

(Title only)  Resolution No. 98-99

A resolution designating the places and times within the municipal jurisdiction in which fireworks may be discharged on July 4, 1998.

8.  Consider adopting a resolution authorizing the installation of traffic control devices at NW 67th and Compass Drive and identify a funding source. Exhibits: Resolution No. 98-100; Excerpt of 7/24/97 Traffic Commission Minutes.

Beller said he requested this be brought back for consideration and the concern has been heightened due to 67th Street attracting more traffic on a daily basis. He said a post office and McDonald’s are being built, and that residents were considering circulating petitions, which he discouraged in favor of allowing Council to consider its responsibility. Beller said the Traffic Commission recommended approval.

Shanklin said information shows traffic signal installation is not a high priority and the engineer recommended installation. Beller said traffic was not as heavy as it is today when the original study was made, and it will increase due to the commercial entities being built.

MOTION by Beller, SECOND by Smith, to approve Resolution No. 98-100.

Purcell said funding source is shown as 1995 CIP, and he did not support that funding source.

SUBSTITUTE MOTION by Purcell, SECOND by Warren, to adopt Resolution No. 98-100 with the funding source being the 1990 CIP.

Shanklin said the 1990 CIP did not mention this project. Purcell said the 1995 CIP did not mention it either. Cruz said it is permissible as a capital improvement under either source since both CIP’s were for capital improvement. Schumpert said the 1990 CIP funds have all been allocated so an item would be returned allowing Council to decide which items should be done.

Shanklin said he would offer another substitute motion that it be funded from the next CIP. Cruz said that cannot be done.

VOTE ON SUBSTITUTE MOTION: AYE: Shanklin, Beller, Warren, Smith, Purcell. NAY: Green, Williams, Sadler. SUBSTITUTE MOTION CARRIED.

(Title only)  Resolution No. 98-100

A resolution authorizing the installation of traffic control devices at a certain designated location within the City of Lawton, Oklahoma.

9.  Consider entering into a contract with Fort Sill for a youth in-line skate hockey program and authorize the Mayor and City Council to execute the agreement. Exhibits: Contract with USAA Insurance Forms.

Dick Huck, Parks & Recreation Director, said Council had received a request for this service previously and Fort Sill is developing such a program. This will be a cooperative program between Lawton and Fort Sill, and Lawton’s only part would be assisting with registration.

Purcell said a revised agreement had been provided and asked what had changed. Cruz said the $30 and $5 had been changed to 85% and 15%, saying that Fort Sill gets 85% and Lawton gets 15%. Cruz said $35 was deleted because the cost may change and it should not be in the contract. Cruz said the other change was to allow for this contract to continue in force unless one of the parties requests modification or cancellation.

MOTION by Green, SECOND by Smith, to approve the agreement with Fort Sill for the youth in-line skate hockey program as amended. AYE: Beller, Green, Warren, Smith, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

10.  Consider a resolution permitting angle parking on the south side of NW Hoover Avenue just west of NW 14th Street adjacent to Pat Henry Elementary School. Exhibits: 4/8/98 letter of request; 4/10/98 letter to LPS; 6/26/97 letter to LPS; Resolution No. 98- ; 6/25/97 memorandum from Traffic Engineer; Site Plan.

Williams said he was at the former Jefferson Elementary School recently and the Assistant Principal pointed out parking problems. The school had asked about taking out the bus lane and providing parking but the ordinance provides that cars cannot back out onto the street. The building is too large for the parking available and the proposal is to remove the bus lane on the north side and use it for angle parking.

Schumpert said the code allows Council to do this; staff recommendation is yet again another example where we have a situation where at the time the facility was built we told them there was inadequate parking but they felt it could be handled and dealt with and therefore it was approved. He said now what they are wanting to do, as opposed to using their property for parking, they are wanting to use the citizens’ driving area for parking, and any time you have angle parking, and my relatives live in that area so I am aware that there is not a lot of traffic at times when school is not in session and it may have little effect, but any time you have people backing out of angle parking places you increase the potential for accidents. He said Council should be mindful that many times when staff comes forward and says to Council about a facility or structure that hopefully we have done what we did in this case which was to say they really do not have enough parking to do what they are projecting to do over there and that he wanted to get that in the record and get that off his chest that we are approving things like that.

Shanklin asked if the Lawton Public Schools was requesting this. Williams said the principal submitted a letter and that he did not know a request from the Board of Education was needed.

Shanklin said cars back out from a law office at 9th and Gore and staff recommended that; traffic also backs out on the street at Goodwill and that was recommended by staff. He said he supported this request if the School Board would agree. Williams said Hoover is not a through street as it stops at 16th Street; it has very little traffic aside from the handful of residents who live directly north of the school and they would be the only ones impacted as far as he could tell. Purcell said he had no problem if the School Board requested it, and expressed concern about backing out if there are kids crossing the street. Warren asked where the buses would be off loaded. Smith said buses currently off load on the street.

MOTION by Williams, SECOND by Smith, to approve Resolution No. 98-101.

Warren said staff was correct in recommending the street light on 67th at Compass and he hoped they are right in this instance. Purcell said he would like to hear from the School Board.

SUBSTITUTE MOTION by Purcell, SECOND by Green, to table this until we get some answer from Shoemaker Center. AYE: Green, Warren, Purcell, Beller. NAY: Smith, Williams, Sadler, Shanklin. TIE VOTE, MAYOR POWELL VOTED YES. SUBSTITUTE MOTION CARRIED.

Williams said the school personnel had asked for this and been told no so he advanced it, and it seemed obvious the response from Shoemaker Center would be to agree with the school.

11.  Consider approving an ordinance amending Section 21-207, Article 2, Chapter 21, Lawton City Code, 1995, as amended, allowing subdividers’ contractors to post certain sureties. Exhibits: Ordinance No. 98-24; Draft LMAPC Minutes.

Bigham said current regulations require that a subdivider or developer post a commercial bond for workmanship and defective materials in subdivisions. Staff has been accepting commercial surety bonds from the subdivider’s contractor, and the City Attorney recommended the code be amended to allow the practice that has been followed to continue.  

MOTION by Williams, SECOND by Purcell, to approve Ordinance No. 98-24 amending Section 21-207, Article 2, Chapter 21, Lawton City Code, 1995, as amended, allowing subdividers’ contractors to post certain sureties.

(Title read by clerk)  ORDINANCE NO. 98-24

AN ORDINANCE RELATING TO SUBDIVISIONS AMENDING SECTION 21-207, ARTICLE 2, CHAPTER 21, LAWTON CITY CODE, 1995, AS AMENDED, ALLOWING SUBDIVIDERS' CONTRACTORS TO POST CERTAIN SURETIES.

ROLL CALL: AYE: Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller, Green. NAY: None. MOTION CARRIED.

12.  Consider approving plans and specifications for the removal of three (3) underground storage tanks and installation of two (2) above ground storage tanks located at the Public Works Yard and authorizing staff to advertise for bids. Exhibits: None.

Schumpert said this must be accomplished before December 1998 and that funds have been identified in the upcoming budget for the project. He said the process should begin as soon as possible to meet the deadline and avoid contractors being booked and prices increasing dramatically.

Purcell asked if $10,000 had been added to this since last Thursday, because $120,000 was approved then. Schumpert said it is $120,000; funds are in this year’s budget as well as Fund 35, so there are funds available. Schumpert said it is $120,000 from next year’s budget.

 

MOTION by Purcell, SECOND by Green, to approve the plans and specifications for removal of three underground storage tanks and installation of two above ground storage tanks located at the Public Works Yard and authorize staff to advertise for bids. AYE: Smith, Williams, Sadler, Purcell, Shanklin, Beller, Green, Warren. NAY: None. MOTION CARRIED.

13.  Consider approving plans and specifications for the General Facilities Project 97-13 for renovations to the McMahon Auditorium, Patterson Center, Town Hall and East City Hall Entrance as prepared by GBA Architects, identifying a funding source and authorizing staff to advertise for bids. Exhibits: Scope of Services; Table of Costs.

Schumpert said this has been a long time coming in that a number of facilities were grouped together and it took time to develop the plans for each one. Funding source recommended in 1996-97 CDBG, a McMahon Foundation grant, and the 1997 Parks & Recreation budget.

Purcell said Council received a letter this week saying Town Hall could not be done because other work was needed in the amount of $67,000, and the recommendation was to use it at McMahon. Huck said during the architect’s evaluation for the specifications, they noted that Town Hall had more severe problems other than painting; proposal through CDBG funds is that Patterson Center and Town Hall be made part of that project and funded through CDBG.

Powell said the agenda item recommends approval to paint Town Hall, but the letter said the repairs had to be made first before painting, and there was a request to take the money that was scheduled to use to paint Town Hall to do something either at the museum or McMahon. Huck said the McMahon Foundation provided a grant to paint the metal trim of the Auditorium, the front facade, and also to paint the interior of Town Hall, and that project was $18,500, and that was the initial grant. Huck said the engineering estimate for the project exceeded the grant amount, and the only way we could fund Town Hall with all the recommended changes was to change the funding source. Huck said the proposal was to take funding from the community development block grant to make the improvements at Town Hall, and move the McMahon grant over to the Auditorium to complete that because it will be $15,000, and use the remainder to offset the architectural costs. Total renovation for Town Hall will be funded through CDBG. Funding is available through CDBG to do both Town Hall and the work at Patterson Center.

Purcell said the agenda item requests approval for a contract to paint Town Hall and asked if that was what Council was being asked to do. He pointed out the recommendation under scope of services for the general facilities project which says "Town Hall painting project, this project will consist of exterior and interior painting of Town Hall, the exterior wood and metal work will be painted as well as the interior walls and ceiling. Specifications shall include but is not limited to service prep, construction materials and methods." He said he thought that portion was on hold. Huck said that was the original scope sent to the architect, who found that more extensive work was needed at Town Hall, and the architect identified the work that exceed the original scope that was sent to them.

Ihler said GBA Associates, was the architect, and they found some weak plaster, cracking of the bricks, wood on the windows had deteriorated to the point that they recommended repairing the wooden portion before it is painted, or an alternative would be bid to install a new window, and some waterproofing is also required.

MOTION by Green, SECOND by Shanklin, to approve plans and specifications for the General Facilities Project 97-13 and authorize staff to advertise for bids.

Shanklin asked if work was needed again on the Patterson Center roof. Huck said this is the first time the roof has been replaced, and it is the part over the gymnasium; the lower section was done before but the upper section was not, it is 20 years old and has two layers on it.

Purcell asked if the motion included spending $24,350 from the Council Contingency to do the East City Hall Project. Huck said if we award the contract, we will have to come up with an additional funding source for the East City Hall entrance, and all other funding sources have been identified. Huck said only $25,000 is allocated for the renovation of the front part of City Hall.

Purcell asked if the specifications Council is being asked to approve are the ones on Page 79 of the agenda, exhibit E. Huck said no, that was the original concept and the specifications are on file in the Engineering Office. Shanklin asked if $24,000 was coming from Council Contingency. Purcell said Council had different specs and that he was not sure if $24,000 was part of the motion, and that he was trying to get straight what the issue was. Shanklin suggested it be tabled until it can be straightened out.

Ihler said Council was given the original scope of services, and the agenda item requests Council to fund additional money in the form of CDBG funds in the amount of $136,300 to help take care of the structural problems at Town Hall and additional problems at Patterson Center to be funded from CDBG. He said the request is that Council provide additional funds from CDBG, and a public hearing will be needed at a later meeting, to use the contingency fund from the previous year of CDBG to fund those issues. Ihler said it was his understanding that Huck would take the funds allocated from the grant for Town Hall and put it into the McMahon facade, so those three projects are addressed with those funds. With regard to the south entrance of City Hall, there is a $24,000 shortfall based on the architect’s estimate; staff recommendation on that funding is that the additional $24,000 be taken from Council Contingency, which contains about $55,000 for the remainder of this year, and the request is for $24,350 of that to fund the south entrance to City Hall. The plans and specifications being requested take care of all these items.

Shanklin asked if the work at City Hall would be done in-house. Ihler said it will be put out for bid. Beller suggested the City Hall work be delayed and others pointed out it had been delayed previously.

VOTE ON MOTION: AYE: Williams, Sadler, Purcell, Shanklin, Beller, Green, Warren, Smith. NAY: None. MOTION CARRIED.

14.  Consider adopting an ordinance amending Sections 17-141 and 17-163H, Chapter 17, Lawton City Code, 1995, amending the period for payments of longevity and excess sick leave and declaring an emergency. Exhibits: Ordinance No. 98-25.

Schumpert said exact time frames are included in the ordinance, and to meet those this year would require payment of overtime to meet the schedule and close out the fiscal year. Staff recommendation is to say that payments will be made in June and the Finance Director will insure that it happens. Beller asked if this would cause any hardship on the employees and Schumpert said no, it is a housekeeping item.

MOTION by Purcell, SECOND by Beller, to approve Ordinance No. 98-25, waive reading of the ordinance, reading only the title, and declaring an emergency.

(Title read by clerk)  ORDINANCE NO. 98-25

AN ORDINANCE RELATING TO PERSONNEL ADMINISTRATION, AMENDING SECTIONS 17-141 AND 17-163 H, CHAPTER 17, LAWTON CITY CODE, 1995, AMENDING THE PROVISIONS FOR PAYMENT OF LONGEVITY AND EXCESS SICK LEAVE, AND DECLARING AN EMERGENCY.

VOTE ON MOTION: AYE: Sadler, Purcell, Shanklin, Beller, Green, Warren, Smith, Williams. NAY: None. MOTION CARRIED.

ADDENDUM ITEM:

1.  Discuss current regulations and enforcement with regard to mobile homes and provide appropriate guidance to staff. Exhibits: None.

MOVED by Green, SECOND by Beller, that this item be tabled until Dan Tucker is back in town. AYE: Purcell, Shanklin, Beller, Green, Warren, Smith, Williams, Sadler. NAY: None. MOTION CARRIED.

ADDENDUM ITEM:

1.  Consider establishing a reward fund for arrest and conviction of those responsible for vandalism at Highland Cemetery. Exhibits: None.

Shanklin said he requested the item and that last Friday night approximately 70 headstones were turned over. He said it could not have been done by grade school children. Shanklin suggested a permanent award be established in relation to anyone desecrating a grave, and that a sign be put up saying there would be vigorous prosecution. Shanklin asked the law on a person under 18 desecrating a grave. Cruz said it would be handled through District Court through the juvenile bureau; if the City assumes juvenile jurisdiction in the future, it would go through that process.

Shanklin suggested a $3,000 reward be permanently established for information leading to the arrest and conviction of individuals involved in such acts. Cruz said next year’s funds would have to be appropriated and a sign could be put up saying persons would be prosecuted. Green asked if the entire $3,000 would be given as a reward, or if $100 would be given for information, or how it would work. Shanklin said $3,000 to the person providing information which leads to the arrest and conviction. Warren said he would support $5,000 as a reward.

MOVED by Shanklin, SECOND by Warren, to put a reward up for $5,000 for the arrest, prosecution and conviction of those perpetrators with the funding source being contingency, and posting the sign.

Purcell asked if the funds could be contributed to Crimestoppers, which has the mechanism in place, instead of accounting for a separate fund. Cruz said that could be done if Crimestoppers agreed to dedicate all of the funding in the manner Council directed. Powell said it would need to be designated solely for this purpose and for no other use. Shanklin said staff should be able to work this out with Crimestoppers. Cruz recommended the Council budget and commit $5,000 from contingency and let it be transferred to Crimestoppers if needed for them to pay it out. Shanklin said he would include that in the motion.

VOTE ON MOTION: AYE: Shanklin, Beller, Green, Warren, Smith, Williams, Sadler, Purcell. NAY: None. MOTION CARRIED.

CONSENT AGENDA:

15.  Consider the following damage claim recommended for denial: David and Tina Meadows. Exhibits: Legal Opinion/Recommendation. Action: Denied the claim.

16.  Consider the following damage claims recommended for approval and consider passage of resolutions authorizing the City Attorney to file friendly suits for the claims over $400.00: William C. and Connie K. Heverling; Frank L. and Edith M. Hughes; Jackie Kelly; Christina Logsden; Mariela Patton; L.C. Stewart; and Kyong Teeter. Exhibits: Legal Opinions/Rec. Action: Kelly - reduced amount of $168.00.

(Title only)  Resolution No. 98-101

A resolution authorizing and directing the City Attorney to assist William C. and Connie K. Heverling in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the reduced amount of one thousand, one hundred fifty-two dollars and 89/100s ($1,152.89).

(Title only)  Resolution No. 98-102

A resolution authorizing and directing the City Attorney to assist frank L. Hughes and Edith M. Hughes in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the amount of three thousand four hundred eighty-nine and 54/100 dollars ($3,489.54).

(Title only)  Resolution No. 98-103

A resolution authorizing and directing the City Attorney to assist Christina Logsden in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the amount of one thousand four hundred five and no/100 dollars ($1,405.00)

(Title only)  Resolution No. 98-104

A resolution authorizing and directing the City Attorney to assist Mariela Patton in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the reduced amount of eight thousand, one hundred seventy dollars and 78/100s ($8,170.78).

(Title only)   Resolution No. 98-105

A resolution authorizing and directing the City Attorney to assist L. C. Stewart in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the reduced amount of two thousand, three hundred thirty-three dollars and 83/100s ($2,333.83).

(Title only)  Resolution No. 98-106

A resolution authorizing and directing the City Attorney to assist Kyong Teeter in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the reduced amount of five thousand one hundred one and 75/100 dollars ($5,101.75).  

 

17.  Consider adopting a resolution declaring that Ninety Percent (90%) of the budgeted and appropriated revenues for fiscal year 1997-98 have been collected for the General Fund. Exhibits: Revenue Report May 31, 1998; Resolution No. 98-107.

(Title only)  Resolution No. 98-107

A resolution declaring that ninety percent (90%) of budgeted and appropriated revenues have been collected for the General Fund.

18.  Consider adopting a resolution increasing landfill fees, increasing fees for commercial refuse

services provided by the City of Lawton and establishing fees for commercial refuse haulers. Exhibits: Chart of current and proposed rates for commercial containers; Landfill survey results; 5/11/98 Memo on estimated revenue from increased rates; Resolution No. 98-108.

(Title only)  Resolution No. 98-108

A resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995, increasing the rate for the City and private haulers for business, industrial and commercial use fees, establishing and setting a fee for commercial refuse haulers, and providing an effective date.

19.  Consider adopting Council Policy 7-3 (Housing Program Policy) and rescinding current Council Policies 29 (Emergency Home Repair Assistance), 30 (Housing Improvement Project), 51 (Housing Rehabilitation Program Policy), 60 (Rental Rehabilitation Loan Policy), and 61 (First Time Homebuyers Program Policy). Exhibits: Proposed Council Policy 7-3. Action: Approve Council Policy 7-3 and rescind Council Policies 29, 30, 51, 60 and 61.

20.  Consider rescinding Council Policy 17 pertaining to demolition using CDBG funds. Exhibits: None.     Action: Rescind Council Policy 17.

21.  Consider approving Council Policy 7-2, Displacement Activity and Relocation Assistance, and rescinding Council Policies 25 and 35. Exhibits: Proposed Council Policy 7-2. Action: Approve Council Policy 7-2 and rescind Council Policies 25 and 35.

ITEM 22 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

23.  Consider extending the escrow agreement for erosion control in Wyatt Acres, Part 11, and around the detention structure. Exhibits: Memorandum from Engineering Division. (Escrow agreement on file in City Clerk’s Office) Action: Extend escrow agreement with Wyatt Acres Realty Company until September 9, 1998, to establish erosion control of Wyatt Acres, Pat II, and around the detention structure.

24.  Consider approving a contract with Columbia Artists Management, Inc. to present the National Ballet du Senegal on October 12, 1998. Exhibits: None. (on file in Clerk’s Office)  Action: Approve contract with Columbia Artists Management Inc.

25.  Consider awarding contract for CAD Workstations. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Award contract to Tri Start Computer Corp., Phoenix, AZ.

26.  Consider awarding contract for 35MM cameras. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Award contract to B & H Photo Video, New York, NY

27.  Consider awarding contract for testing services. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Award contract to Standard Testing and Engineering Co., Oklahoma City, OK

28.  Consider awarding contract for Windows NT Server Software Upgrade. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Award contract to Micro World, Torrance, CA.

29.  Consider awarding contract for traffic controller tester. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Award contract to Traffic Sensor Corp., Corona, CA.

30.  Consider extending contract for sodium silica fluoride. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Extend contract with Central Garden & Pet Co., Commercial Products Division, McAlester, OK.

31.  Consider extending contract for long distance telephone service. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Extend contract with NTS Communications, Inc., Weatherford, OK

32.  Consider extending contract for fluorescent lamps. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Extend contract with Voss Lighting, Oklahoma City, OK.

33.  Consider approval of payroll for the period of June 1 through 14, 1998. Exhibits: None.

Sadler asked for separate consideration of Item 22.

MOVED by Shanklin, SECOND by Green, that all items on the Consent Agenda, with the exception of Item 22, be approved. AYE: Beller, Green, Warren, Smith, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

22.  Consider awarding a construction contract for the NW Cache Road Waterline Project 97-8 to M.L. Young Construction Corporation in the amount of $382,191.95. Exhibits: Location Map. (Bid tabulation on file in Engineering) Recommendation: Award a construction contract to ML Young Construction Corporation in the amount of $382,191.95.

Sadler asked about the time frame of the work and how it would affect traffic and businesses. Ihler said projects of this type usually have a 180 day construction period, and it will take about a month to get the contracts executed. Plans indicated that during the Christmas shopping season, disruption to business owners along Cache Road should be minimized. Sadler said that was his concern because it had been a problem in the past. Ihler said this is on the north side of Cache Road from Sheridan Road to 38th Street, which will impact driveways, entrances and parking lots. Ihler said the far northern lane may be blocked at times for construction.

MOTION by Sadler, SECOND by Green, to approve the recommendation. AYE: Green, Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

BUSINESS ITEMS:

34.  Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the negotiations for a Collective Bargaining Agreement for FY 1998-99 between the Police Union, IUPA, Local 24, and the City of Lawton, and, if appropriate, take action in open session. Exhibits: None.

35.  Pursuant to Section 307B.1, Title 25, Oklahoma Statutes, consider convening in executive session to evaluate the performance of the City Manager, discuss the continued employment of Mr. Schumpert as City Manager and discuss modification of the compensation provisions of his employment agreement, and, in open session, take action as necessary. Exhibits: None.

MOVED by Shanklin, SECOND by Warren, to convene in executive session as shown on the agenda and recommended by the legal staff. AYE: Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller, Green. NAY: None. MOTION CARRIED.

The Mayor and Council convened in executive session at approximately 8:40 p.m. and reconvened in regular, open session at 9:35 p.m. with all members present upon roll call.

Cruz reported the Mayor and City Council met in executive session to consider the items listed on the agenda. On Item 34 relating to the negotiations with the police union, no action is needed in open session at this time.

Cruz said on Item 35 relating to the employment of Mr. Schumpert as City Manager, he would turn it over to the Mayor. Powell said discussion was held regarding the continued employment of the City Manager and five options were discussed in executive session. Powell opened the item for discussion on the floor.

MOTION by Warren, SECOND by Smith, to leave the contract as is, notify Mr. Schumpert his contract will not be extended or renewed, begin the process to hire a replacement with a hire date of  December 1, 1998. AYE: Sadler, Purcell, Beller, Warren, Smith. NAY: Williams, Shanklin, Green, Powell. MOTION CARRIED.

REPORTS: MAYOR/COUNCIL/CITY MANAGER.

Schumpert said a budget meeting is scheduled for tomorrow evening and that a sheet had been distributed as an update. He said action should be taken no later than June 23 relating to the budget.

Green reminded Council of the Juneteenth Celebration on June 13 at 5:30 p.m. at O.H. Arnold Park. In case of bad weather, the events scheduled at O.H. Arnold Park will take place at Douglas Elementary School, and the events scheduled for Patterson Center would remain. She invited everyone to attend.

Powell asked what was desired with regard to the budget meeting tomorrow, if the preliminary budget book or 4.5% book would be followed and how would the work take place. Williams said several members had identified potential cuts and those could be discussed. Purcell said he wanted to go over the 4.5% list, as well as other items. Shanklin suggested members share their ideas.

There was no further business to consider and the meeting adjourned at 9:40 p.m.