Meeting of 1999-3-23 Regular Meeting

Comanche County Sheriff Kenny Stradley expressed appreciation for the City's assistance when several inmates recently escaped from the Comanche County Jail. Stradley thanked the Mayor, the Lawton Police Department and the Fire Chief for the support provided. Mayor Powell said he appreciated the Sheriff's Department, as well as the MP's and Highway Patrol for their help.

Vincent said Council asked that this be reviewed and a determination made as to whether there were any prior backups. A review of the record indicated no prior backups in the sewer line. The amount of the claim was also to be evaluated and if this is a payable claim, the amount would be $909.07. He said the recommendation, based on no notice, is to deny the claim in its entirety.

2. Hold a public hearing and consider an ordinance amending the 2020 Land Use Plan from Industrial to Residential-Multi Family and changing the zoning from R-1 (Single-Family Dwelling District) to R-3 (Multiple-Family Dwelling District) zoning classification located at 2001 SW Roosevelt. Exhibits: Ordinance No. 99-18; Location Map; Site Plan; Applications; LMAPC Minutes; Analysis of Request; Memorandum from Transportation Planner II; Memorandum from Traffic/Civil Engineer.

Bob Bigham, City Planner, said the requested area is Lots 24-32, Block 53, Lawton View Addition. He pointed out the location on a map and said many years ago, a church facility built the structure to be used as their fellowship hall. Brenda Hunter, applicant, has entered into an arrangement to purchase the property to operate a day care center, which requires R-3 zoning. The Planning Commission, on January 24, reviewed the application and recommended unanimously to approve the request. Proper notice has been given of the public hearing. Planning Commission and staff recommend approval of the request.

Shanklin said the memorandum was different from what happened two or three weeks ago at LMAPC on a land use change for a property on Cache Road, and there were quite a few pages of negative comments on that application that are not included in this one. He said it seemed a personality or two could be involved.

An ordinance amending the 2020 Land Use Plan from Industrial to Residential-Multi Family and changing the zoning classification from the existing classification of R-1 (Single-Family Dwelling District) to R-3 (Multiple-Family Dwelling 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.

Mayor Powell recognized Billy Poolaw for an act of heroism. He said Mr. Poolaw works for PSO and he was talking to a group of about 200 people at the Mall, and a young lady got a piece of candy lodged in her throat. Mr. Poolaw got the candy removed so the lady could breath again. Mayor Powell said he had asked Mr. Poolaw to attend the Council meeting to be recognized for this act. Mr. Poolaw encouraged more people to receive training to be able to assist in emergency situations because it could save someone's life.

3. Hold a public hearing and consider an ordinance amending the 2020 Land Use Plan from Residential-Multi Family to Commercial and Office and changing the zoning from R-3 (Multiple-Family Dwelling District) to C-5 (General Commercial District) zoning classification located at 1007 SW Washington. Exhibits: Ordinance No. 99-19; Location Map; Site Plan; Applications; LMAPC Minutes; Analysis of Request; Memorandum from Transportation Planner II; Memorandum from Traffic/Civil Engineer.

Bigham said the applicant is Johnson & Associates and Commercial Net Lease Realty. The request is to rezone Lot 11, Block 6, McClung Addition, which is part of a development for an Eckerd Pharmacy proposed for Lots 1-11. The requested area and surrounding businesses were pointed out on a map. On February 24, the Planning Commission held a public hearing and recommended approval of the request. Proper notice of hearing was given. Planning Commission and staff recommend approval of the request.

Purcell asked when the request would be received to rezone and change the Land Use Plan for the next three lots connected to this, and why not do it all at once. Bigham said the application was for this single lot in connection with development; the owner of those three lots, Mr. Hamm, was present at the Planning Commission public hearing and there was discussion as to whether he should apply but he has not done so at this time. Bigham said this will be looked at in the update.

Purcell asked if there is anything to prohibit the City from starting the process saying we plan to rezone the three lots to C-5, for example, or do we have to wait for the owner to come forward. Bigham said it could be done either way and there are manpower and expenses involved in the legal process, but it can be done by application by the owner or it can be administratively processed. Purcell said three weeks from now, someone may request rezoning for the lot in the middle and go through it again.

MOVED by Shanklin, SECOND by Smith, to approve Ordinance No. 99-19 amending the 2020 Land Use Plan from Residential Multi-Family to Commercial and Office and changing the zoning from R-3 to C-5 for 1007 SW Washington, waive reading of the ordinance, read the title only.

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-2 (Multiple-Family Dwelling 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.

4. Consider approving a resolution designating the ZOE NEED Program, Inc. as a Community Housing Development Organization (CHDO), and approve the operating agreement between the City of Lawton and ZOE NEED Program, Inc. Exhibits: Resolution No. 99-23.

Frank Pondrom, Director of Housing and Community Development, said it is fortunate that another group has come forward to help carry out the responsibilities under the block grant by assisting in development of affordable housing. He said the Great Plains Improvement Foundation was previously designated as a Community Housing Development Organization and now the Z.O.E. Need Program has applied. No funds are awarded to Z.O.E. as a result of approving this designation, but they will be an agency the City will depend on to try and provide the affordable housing needed in the community.

MOVED by Haywood, SECOND by Smith, to adopt Resolution No. 99-23 designating the Z.O.E. Need Program, Inc. as a Community Housing Development Organization within the City of Lawton and approve the operating agreement. AYE: Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

Jerry Ihler, Public Works/Engineering Director, said during review of a building permit application for a 950 square foot addition to the Hunting Horse Methodist Church, it was discovered that the area has insufficient fire flows. Engineering ran the model and found that the capacity could be increased to meet adequate fire flows by constructing approximately 975 feet of 8" water line at a cost of approximately $48,750. There are two potential funding sources for the project. If Council desires to use 1995 CIP funding, the project could be added to the Country Club Drive/Barclay Road Water Line Project that is currently being advertised. The other funding source possibility is the proposed 1999-2000 CDBG. Ihler said this water line will tie into a water line on E Avenue that is to be included as a CDBG funded project and he recommended this line be funded through CDBG and constructed along with the E Avenue line. Ihler said CDBG funding requires public hearings and notices so Council cannot act on it at this time.

Shanklin asked if the $50 per foot estimated cost is a result of the history of other bids. Ihler said that is a conservative estimate and bids have been coming in lower, but for budgeting purposes, the $50 per linear foot figure is used; hopefully we can get a bid for a lesser amount but it varies depending on the neighborhood and the obstructions. Shanklin asked how many contractors are bidding. Ihler said it is advertised in all the trades papers and he felt only two or three would bid because most of the contractors in this area are very busy right now. Shanklin said he felt CDBG would be the best funding source.

Baker said staff recommendation is to fund this from CDBG and public hearings are required, but the need tonight is for Council to make a commitment that this will be funded from either source. If that is done, the Code Administration Director will be able to approve the building permit for the project, contingent upon that water line going in at a later date. The water line is eligible for CDBG funding and has been included in the draft of proposed projects for the coming year.

6. Consider adopting an ordinance amending Chapter 19, relating to the use of city owned property at Lakes Ellsworth and Lawtonka by amending Section 19-6-601, definitions and adding Section 19-6-606 allowing the use of golf carts in certain areas; providing for codification and severability. Exhibits: Ordinance No. 99-20.

Beller said this was discussed a few months back and the City Attorney has prepared an amendment to the ordinance which will permit the use of golf carts in the recreational areas at Lakes Ellsworth and Lawtonka. This will be controlled by a licensing permit type mechanism and will be restricted to those persons 18 years or older with a driver's license. This will accommodate not only seniors and handicapped persons but also others who desire to use golf carts to travel from the shore line to the camping areas or concession stores, and it would be a service to those who use the facilities.

An ordinance related to the use of City owned property at Lakes Ellsworth and Lawtonka by amending Section 19-6-601, Definitions, and adding Section 19-6-606 allowing the use of golf carts in certain areas; providing for codification and severability.

Beller said he did not want anyone to think that he was encouraging non-enforcement of ordinances. He said he received a memorandum saying the Police Department was using its vehicles with Sentinels to deliver notices to the public, and that he was not sure if it was to those who were in violation or if it was all business people. Beller said even though they were Sentinels, they wore uniforms and drove vehicles indicating "police" on the side, and in his opinion, that was not the proper way to enforce an ordinance. He said to send a police vehicle to a business with a notice was cause for concern. Beller said if signs are in the area where they interfere with drivers, that would be understandable, but if a business has a sign, it should go through the normal course of enforcement. He said it appeared to be an ultimatum when you drive up in a police vehicle.

Baker said there may have been some misunderstandings. He said Tucker asked him about approaching the Police Chief to use the Sentinels to give out information to businesses on the ordinance Council passed in December regarding signs. It was not enforcement action at all but strictly an educational process with the intent being to supply all of the businesses in town with a copy of the ordinance and some information on it, and after that, enforcement would be implemented later on. There was no intent for the Sentinels to do any code enforcement. Baker said he could understand the perception Beller was speaking of but the Sentinels were not there to do enforcement.

Beller asked why this could not have been accomplished with a simple postage stamp, instead of the cost of operating vehicles and leaving the impression of a police state. Baker said he understood. Beller said he felt the ordinances should be enforced and Shanklin asked by whose interpretation. Beller said some may need enforcement on the signs, but if a man puts a sign out there and says "special today", it was disturbing to think we would have someone there to say he was violating the ordinance. He said hundreds of businesses are collecting sales tax dollars and it is an affront to some of the businesses to tell them that their signs are offensive, because the business owner does not think the sign is offensive and beauty is in the eye of the beholder.

Purcell asked if Beller meant the police should not enforce the ordinance. Beller said when he began his comments he said that he did not want anyone to think that he was saying the ordinances should not be enforced. Beller said his point was why send the police vehicle out when you could just mail the information. Warren said he agreed it could have been done by mail but that it also could have been included with the utility bill. Purcell said media coverage would be helpful.

Williams asked if the Sentinels use police vehicles. Baker said they do not use front line police vehicles but the vehicles handed down by the police are used by the Sentinels. Beller said the vehicles say "police" on the door. Williams said it might be more appropriate for the vehicles to be labeled for Sentinels, rather than police.

Williams said he liked the proactive approach of taking the information out, and it may have contained multiple pages. He said sometimes people lay packets of information aside that is received in the mail and look at it after some time has passed. Williams said some of the business owners may need to make changes in the signs that they have so it would seem they would appreciate the personal contact with a representative of the City providing the information.

Beller said he thought the City had higher priorities than to send Sentinels out in police vehicles for this purpose. Mayor Powell said, as a business owner, he would agree and that if he had a violation, the inspectors should stop by and tell him and he would correct it. Mayor Powell said the businesses are trying to make money for themselves and the City, and if there are not blatant problems, they should be allowed to operate.

Warren said the City does not have the manpower to attack the sign problem and the ordinance was needed to take care of some places that are very obstinate about not following the rules. He said he did not think we would go out and start ripping up signs.

Baker said at some point, staff needs policy direction from Council on the enforcement of codes. He said high weeds and grass were discussed at one meeting and staff needs to know, from a policy standpoint, what Council desires as far as being proactive or reactive or to go out and actively look for things and stringently enforce the codes, or to be more reactive and address the most important things that deal with safety and welfare. Baker said staff is not quite sure how to react some times, and the policy comes from the top and that should be discussed at some point because they are either too aggressive or not aggressive enough; some members feel strongly about certain items and want them actively enforced but other members may not want staff to be that aggressive or that active, so staff is caught in the middle and there should be some clarification given at some point in the future. Baker said he, as the City Manager, wanted to give direction to the staff that was consistent with Council's policy and what was desired in the community. He said you can be a gestapo and give every other citizen a citation, but he did not feel Council wanted that, so it could be discussed at a future date.

Beller said if it is blatant, something should be done. He said a citizen gave him three separate letters the City had sent him on some limbs that were supposedly in the alley. Beller said he drove down the alley and his were no worse than the other six he drove by to get to this property. He said a new business at 67th and Cache Road had a small sign out front saying they were open for business, and had it not been for the sign, he would not have known they were open, and the sign was probably not in compliance, but he did not know that it was hurting anything.

Warren said he agreed but that the ordinance was needed because within five blocks of City Hall there is a business that has no less than 30 of the same signs posted in the ground in front of their business and some are within a foot of the curb on two arterials. He said he did not think that was acceptable although he had not turned them in. Warren said situations such as that cause the need for the ordinance.

Shanklin said he knew of a business on Lee Boulevard that was picked on and they did pull their signs back but that no one else up and down there had done so yet. He said it seems if we see a violation, we stay after that particular individual until they comply without worrying about any others. Shanklin said it seemed enforcement was not systematic or universal, and he agreed with Warren's example but said staff seems to concentrate on situations involving six inches rather than on larger violations. He said signs on right of way or in sight triangles should be removed, and other than that, we did not have time to fight them.

Purcell suggested Baker bring an item back to the next meeting because the high weeds and grass would be coming back soon and it should be settled as far as the guidance. He said Council would probably hear comments such as Shanklin just made, but someone may have called in to complain about a particular place and we enforce the area where the complaint was made but not the others because no one called in about them, then we will hear that there is selective enforcement. Purcell said he did not think responding to a complaint by a citizen could be called selective enforcement, and that it was important for Council to give staff appropriate guidance and asked that an item be returned at the next meeting.

Mayor Powell said the item mentions other codes, and that a lady brought him a warning where a lady had a double car garage, had two cars parked there, and her daughter had a car parked on the grass. He said it was his understanding that it was a violation of the code, but that it was not a code violation to park in the street where you could have an accident. Mayor Powell said a warning was issued and there was certainly some confusion. He said he was sure the inspector was doing his job but that he would have a hard time giving a person a warning in that instance.

Shanklin said when a yard has six inch ruts from cars being parked there, it is not a temporary situation, and the Mayor may have been speaking of a temporary incident. He said he had known of tickets being issued when a car was only being moved around.

Ihler said construction has been going on for the past three years to expand the Wastewater Treatment Plant, and completion is anticipated in August 1999. Change Order No. 4 is in the amount of $142,488 and the list of items included in the change order is included in the agenda folder. Change Orders 1-4 total 1.87% of the entire contract amount. Renovation projects of this nature are usually 5-8% in change orders, and the consultant estimated 8% so the project is doing very well.

Shanklin asked how contract change orders are negotiated as far as the amount. Ihler said a breakdown is provided of the man-hours, labor costs, material costs and the state provides that the contractor is allowed to receive a 15% overhead and profit on top of the materials and labor. Shanklin said these will not be required on the I & I sewer repair because the project will be done in-house.

10. Consider the following damage claims recommended for approval and consider passage of a resolution authorizing the City Attorney to file a friendly suit for the claim which is over $400.00: Louis R. and Cathy Chavez; Christian and Pamela Klein; B. Michele and Manuel Parra; and Tamara Young and Curtis Parker. Exhibits: Legal Opinions/Recommendations. (Resolution Nos. 99-24, 99-25 and 99-26) Chavez claim amount approved: $234.96

A resolution authorizing and directing the City Attorney to assist Christian C. and Pamela L. Klein 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 Two Thousand Five Hundred Thirty-Six and 20/100s ($2,536.20).

A resolution authorizing and directing the City Attorney to assist B. Michele and Manuel Parra 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 Three Thousand Eighteen and 66/100 Dollars ($3,018.66).

A resolution authorizing and directing the City Attorney to assist Tamara Young and Curtis Parker 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 Four Hundred Forty-Nine and 11/100 Dollars ($1,449.11).

14. Consider acknowledgment of receipt of the Report of Commissioners, Case No. CJ-98-1087, City of Lawton vs. Wyatt Acres Realty and approval of the claim submitted by the District Court Clerk for payment of Commissioner's award and fees. Exhibits: None. Action: Approval of item. Background: On August 18, 1998, a written offer of $43,600 was delivered to Mitchell Wyatt as a part of the right of way acquisition for the West 82nd Street Reconstruction Project. Condemnation action was filed on October 15, 1998. The Commissioners were appointed on November 24, 1998. The Commissioner's report was filed on March 5, 1999. The Commissioners' award is for $55,000 plus Commissioners' fees of $750 each for a total amount of $57,250.

16. Consider acknowledging receipt of a permit for the construction of sewer lines from the Oklahoma State Department of Environmental Quality in Phase I of the City of Lawton Sewer Renovation Project. Exhibits: None. Action: Acknowledge receipt of permit. Background: On March 1, 1999, the City of Lawton was granted Permit No. SL000016991252 from ODEQ for construction of 2,500 linear feet of thirty six inch (36"), 360 linear feet of twenty-four inch (24"), 360 linear feet of sixteen inch (16"), 1,375 linear feet of ten inch (10"), and 4,961 linear feet of eight inch (8"), 3,049 linear feet of ten inch (10") and 6,082 linear feet of eight inch (8") sewer line in Phase I of the City of Lawton Sewer Renovation Project. This includes Projects 98-1 SSES (FY 98/99 CDBG Rehab), 98-2 SSES (Bishop Road Interceptor), 98-5 SSES and 98-6 SSES (Sub-basin 206 Rehab) and 98-7 SSES (NW 75th Street Emergency Upgrade), City of Lawton, Comanche County, Oklahoma. A condition of the permits is that they must be noted in the minutes of the next regular meeting of the Lawton City Council. The permit is on file in the City Clerk's Office.

17. Consider adopting a street light resolution to authorize installation of an additional street light in a residential area. Exhibits: Street Light Resolution No. 406. Action: Adopt street light resolution 406. This action adds one light at 13th and J Avenue for Waldman Park.

19. Consider approving the plans and specifications for the sewer line to serve the City/County Health Department. Exhibits: Location Map. Action: Approval of item. Background: This proposed 8-inch sewer line is to replace an existing 8-inch sewer line which serves the City/County Health Department and the Great Plains Fairgrounds. During the review of the existing utilities in this quarter section of land owned by the Lawton Public Schools, the Comanche County Commissioners and the City/County Health Department decided to relocate an 8-inch sewer line that runs diagonally across the northwest corner of Lawton Public Schools property. The proposed relocation of the sewer line will be adjacent to the property boundaries of the City/County Health Department, the Fairgrounds, and the Lawton Public Schools property. The Right of Way Agent is acquiring an easement from Lawton Public Schools for the proposed sewer line. The Code Administration Department has reviewed the plans and specifications and recommends approval subject to ODEQ approval.

21. Consider awarding a construction contract to Boyles & Associates, Inc. for the General Facilities Project 97-13 Phase II (Town Hall). Exhibits: None. Action: Award a construction contract to Boyles & Associates Inc. in the amount of $49,890.00.

22. Consider awarding contract for Integrated Electronic Document Management System. Exhibits: Recommendation; Bid Abstract. Action: Award contract to Business Imaging Systems of Oklahoma City, OK, and authorize the Mayor and City Clerk to execute the contract. Contract amount: $59,800.

23. Consider awarding contract for Scott/SCBA Wireless/Talk-Around, Face Mounted, Belt Mounted Radio. Exhibits: Recommendation; Bid Abstract. Action: Award contract to Wayest Safety, Inc. of Oklahoma City, OK, and authorize the Mayor and City Clerk to execute the contract.

24. Consider approving the following contract extensions: A) Nuisance Abatement with Service One Janitorial of Lawton; B) Water Sampling Stations with B20 & Associates, Inc.; C) Temporary Workers with Direct Staffing Solutions, Inc. Exhibits: Fact Sheet. Action: Approval of item.

MOVED by Shanklin, SECOND by Haywood, to approve the Consent Agenda items as recommended, with the exception of Items 11 and 13 to be tabled and Items 12 and 25 to be discussed. AYE: Beller, Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

11. Consider accepting a permanent utility right of way from the Board of Education of Independent School District No. 8 in the southwest quarter of Section Thirty-Six (36), Township Two North (T-2-N), Range Twelve West (R-12-W) and rescind the acceptance of the document previously accepted on January 12, 1999. Exhibits: None. Action: Tabled as shown above.

13. Consider accepting a Warranty Deed from the Board of Education of Independent School District No. 8, Comanche County, Oklahoma, for a ten (10) foot by four hundred (400) foot strip of land in Section 36, Township Two North (T-2-N), Range Twelve West (R-12-W). Action: Tabled as shown above.

12. Consider accepting a Warranty Deed from the Board of Education of Independent School District No. 8, Comanche County, Oklahoma, for two tracts of land: The first is commonly known as Albert Johnson Park; the second is the five (5) acres in MacArthur Park Addition that the City has been leasing for use as a park. Exhibits: None.

Purcell asked if the deed states if the property is used for any other purpose that it will revert to the school system. Vincent said there is a reversionary clause in the deed, however, instead of saying for park purposes, it says for public purposes, so it could be used for any public purpose in addition to use as a park.

Mayor: It seems like these are always very controversial, the backhoes. As I read this, and I've put a little bit of math to it and everything, and the only thing I see any difference in why it's being rejected is because a two gallon gas tank. We're talking about a 38 gallon or 40 gallon gas tank and we're going to reject all the bids and rebid this thing and with this low bid here, I think, if my math is right, is $6,589.08.

Warren: Can I say one thing real quick? Today in the specs meeting I think we begun the first order of business of never, ever mentioning the size of a gas tank again. At some point in the future, we will get bit by that and we'll get a little three gallon gas tank strapped onto a pickup truck, but we'll have to cross that bridge when we come to it because we've been burnt too many times because of a gallon of gas.

Ihler: Actually, Mayor and Council, our recommendation would be, including the 28 versus the 30 gallon tank, would be the second low bid. The lowest bidder had a delivery time of 145 days before they could get the two backhoes to us. That was an unacceptable in our minds. The second low bid indicated in their bid that they could provide it in ten days, both backhoes. So that was the reason we would recommend the second low bid.

Smith said he accompanied Mr. Ihler and Mr. Graves for two days passing out safe driving awards to their employees. He said the department should be commended for its reduction in accidents from last year, which resulted in a savings of tax dollars.

Mayor Powell said he had been appointed by the Governor's office to serve on a work force investment board and attended the meeting today in Oklahoma City. He said a federal mandate had come down and they were attempting to partner up with existing businesses and provide a greater work force in Oklahoma.

Mayor Powell said he received a certified letter from Great Plains Improvement Foundation. Baker said the letter advises of GPIF's intent to apply for low income housing in June or July and copies were provided for Council. Mayor Powell said he wanted to be sure Council was aware of it.

Baker said Col. Cline, newly selected Garrison Commander, will be interning out of the Mayor and City Manager's Office beginning Monday and remain until April 23. He said Gary Jackson, new Assistant City Manager, will be on board next Wednesday.

Baker said the Oklahoma Aeronautics and Space Commission will have a meeting tomorrow at Vo Tech to talk about plans for airports in Oklahoma. This is being done around the state. Mayor Powell said the airport is vital to economic development efforts and hoped a good attendance would be present at the meeting.

28. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss a pending civil suit styled David R. Graham vs. The City of Lawton, et al., Case No. CIV-98-1597, in the United States District Court for the Western District of Oklahoma.

29. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to consider a settlement offer received in the pending damage claim of Jeffrey G. Compton and, if appropriate, take action in open session. Exhibits: None.

30. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss a lawsuit styled In Re: Emmett W. Ward and Stacie N. Ward fka Stacie N. McMillian, Case No. 99-11567WV, in the United States Bankruptcy Court for the Western District of Oklahoma, and take appropriate action in open session. Exhibits: None.

31. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to consider a settlement offer received in the civil suit styled Michael D. Cornish dba Cornish Properties vs. City of Lawton, Case No. CJ-93-253, and Michael D. Cornish dba Cornish Properties vs. City of Lawton, Case No. CS-97-138, in the District Court of Comanche County and take appropriate action in open session. Exhibits: None.

33. Pursuant to Section 307B2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the negotiations for a Collective Bargaining Agreement for FY 1999-2000 between the Police Union, IUPA, Local 24, and the City of Lawton, and take appropriate action in open session. Exhibits: None.

34. Pursuant to Section 307B2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the negotiations for an Employment Agreement for FY 1999-2000 between the Fire Union, IAFF, Local 182, and the City of Lawton, and take appropriate action in open session. Exhibits: None.

Vincent said the Mayor and Council met in executive session to discuss David R. Graham v. City of Lawton, CIV-98-1597, in Western District Court. This was discussed and no action is required. He reported Item 29 was the claim of Jeffrey Compton, which was discussed in executive session, and no action is required.

Vincent said executive session was held to discuss pending negotiations with the IUPA as shown in Item 33, and no action is required at this time. He said executive session was held to discuss pending negotiations with the IAFF as shown in Item 34, and no action is required at this time.

I want to first thank the good Lord, Who makes all things possible, for giving me the distinct honor of serving as your Mayor. I want to say a special thank you to my family, who is my strength and support. Of course, credit for any progress which we have made during the last year, must go to the City Council, City Manager, City staff and employees.

Upon taking office, it was not my intention to perpetuate the status quo, but to make positive changes to benefit the citizens of Lawton-Fort Sill. I am pleased to report that exciting things are happening in our City. We are preparing today to meet the challenges of tomorrow. We are working closely with our State and Federal delegation, individual citizens, neighborhood groups, local businesses, Fort Sill, the Lawton Chamber of Commerce & Industry, and other cities and towns in the region. We fully realize that it takes a team effort to succeed -- “United we stand, divided we fall”.

After considerable debate, the City Council selected a funding source to address Phase I of the Sewer Rehabilitation Program. Effective January 1, 1999, an additional $2.35 per month was placed on citizens’ utility bills. This option has the least adverse impact on citizens, yet will generate sufficient revenue to complete the first seven (7) years of this $62 million program, mandated by the federal government. The City Council approved in-house construction of this project - this will save taxpayers approximately $2 million for each phase, or a total of $6 million for the entire project. Work has begun and is proceeding on schedule.

In a related matter, work has continued on 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 enable us to consistently meet all EPA/ODEQ discharge limits and allow us to accommodate additional flow, thereby making Lawton-Fort Sill 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 95 CIP to install liners, construct leachate collection systems, storm water and leachate collection ponds. These improvements, coupled with recent acquisition of adjoining properties, will serve the City’s solid waste disposal needs well into the twenty-first century.

Progress has been made to address flooding in the Meadowbrook area. The Army Corps of Engineers is nearing completion of a feasibility study of the middle branch of Wolf Creek. Plans also continue for construction of an additional detention structure upstream from the area. The City has reserved $3 million in the 95 CIP for drainage improvements in this area. Efforts will continue to reduce flooding in the Meadowbrook area as well as other areas.

Road construction has been limited during the last year; however, design of Phase V, Rogers’ Lane, was completed and we anticipate a bid letting in late August or early September. Phase V consists of reconstruction of West 82nd Street from U.S. 62 to Lee Blvd. This will be a major improvement to our transportation network. In addition, City forces completed an overlay of West 52nd Street from Gore Boulevard to Cache Road and are currently working on reconstruction of Douglas Avenue.

The $2.2 million expansion of the Museum of the Great Plains has been completed; the asbestos removal project is progressing. We again thank the McMahon Foundation for its generosity in funding this and other improvements in our community. Our quality of life in Lawton-Fort Sill is greatly enhanced by the McMahon Foundation. The Museum of the Great Plains Trust Authority was created and began operation on July 1, 1998 and a new director has been hired. These changes 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.

Numerous other capital improvements projects were either started or completed during 1998. The capital improvements made during the last several years have significantly improved our community’s infrastructure. A good infrastructure, which can accommodate growth, is a vital ingredient to our prosperity and economic development. Citizens will be asked again in the Fall to invest in the future of their city, as the 1995 CIP expires on December 31, 1999, voters will be asked to support an extension of the capital improvements program.

Lawton continues to compete in the economic development arena for new business, new industry and additional jobs. We also continue the effort to retain and support existing business and industry. I want to commend the Lawton Chamber of Commerce & Industry for establishing a new position with the express purpose of supporting existing businesses.

It appears that we have finally taken positive action to assist these local businesses - the backbone of our economy. To be successful in economic development, our community must work as a team to offer the best possible incentive package. This effort often requires expenditure of funds and commitment of resources as wise investments in our future. A challenge facing us at this time, is to develop a well-coordinated effort which is funded properly and has a clear vision of objectives. This challenge is presently being addressed by many community leaders. During this year, we will have an organization in place to maximize our economic development potential. We all have a vested interest to create jobs and ensure continued economic growth of the Lawton-Fort Sill area.

DFAS at Fort Sill continues to expand, with over 250 employees. The $12.8 million renovation will allow the facility to accept additional work. The City will continue to work with the Lawton Chamber of Commerce & Industry and the Oklahoma Congressional delegation to insure that this vital project continues and expands.

Republic Paperboard Company selected Lawton-Fort Sill as the site of its $175 million facility. The company will hire approximately 110 employees with an estimated annual payroll of $3.5 million, exclusive of benefits. Construction is ongoing and should be completed by November. A ground breaking ceremony was held on May 22, with Governor Frank Keating in attendance.

The Lawton Technology Park, located at 40th & Lee Blvd., is one of the state’s first technology parks, and is designed to attract high tech companies to Lawton-Fort Sill. Advancia Corporation announced expansion plans in the spring and their intent to be the anchor tenant. Advancia estimates doubling its workforce during the next 18 months which will result in over $4 million in additional payroll. The City of Lawton is assisting in the development of the infrastructure to facilitate this important project.

In addition to economic development, the local economy was significantly affected by numerous events and conventions during the year. We are seeing positive results from the use of our Hotel-Motel tax. The tax, paid by visitors to our community, generates approximately $325,000 per year for use by the LCCI to attract and recruit tourism and related activities.

The highly successful Arts for All, International Festival, and Boulevard of Lights continued to attract visitors. The Juneteenth celebration attracted hundreds of participants. The second annual First Night saw thousands welcome the new year.

One of the most significant events of 1998 was the annexation of Fort Sill. Lawton and Fort Sill were officially united. We continue to work together for our mutual benefit. An example of this cooperation is that Lawton and Fort Sill have consolidated E-911 and dispatch. Fort Sill military police have assumed responsibility for the DARE program. Opening of the Lake Elmer Thomas Recreation Area to civilians serves as another example. We continue to look for ways to eliminate duplication of effort, reduce costs and save taxpayer dollars.

During the year we had the first ever City Council meeting on a military installation. During this meeting at Fort Sill, Major General Baxter briefed the Council on Fort Sill’s economic impact on Southwest Oklahoma and identified numerous projects which the City and Fort Sill can pursue together. To facilitate this, Fort Sill appointed LTC Jeff Ewing as liaison to the City; in turn, the Assistant City Manager will serve as liaison to Fort Sill. The City Council authorized Ft. Sill’s liaison to sit with the Council and participate in Council meetings.

New Mayor, new Council members, Stanley Haywood & G. Wayne Smith, new City Manager, Bill Baker; and new City Attorney, John Vincent. We congratulate Councilmen Bob Shanklin, John Purcell and Stanley Haywood for their recent re-election and also extend a warm welcome to Councilman-elect, Glenn Devine.

1. Your municipal government must become more responsive, more efficient, more “user friendly”. I and the City Manager have placed, and will continue to place, high priority on treating citizens in a professional, courteous manner. Our citizens deserve no less. We in public service must never forget that we work for the public. You allow us to be stewards of your resources.

2. We will continue to improve our services in the building development area. We will not be an impediment to growth; an obstacle to progress. We must be supportive of our local contractors, developers and builders. I am appointing a Task Force to examine our policies, procedures and codes to eliminate unnecessary, invalid requirements, streamline the building permit process and improve service to our customers, our citizens. The City Council and City Manager share this concern and are committed to “fixing” the problem.

3. Continue to decrease the crime rate. The crime rate has steadily declined during the past 3 years; this trend needs to continue. The Police Department has been successful in securing federal grant funds to add police officers and upgrade technology. We are beginning to see positive results from our Community Policing program. We are in the initial stages of creating a Weed and Seed project which should reduce crime in the Lawton View area and lead to restoration of that neighborhood.

5. The City staff and Council must develop a new capital improvements program. Projects must be prioritized and a good program submitted to the voters. As I stated earlier, we must invest in our community if it is to grow and prosper. I urge you to support this very critical issue when it is presented to you for consideration.

6. We must find a long-term solution to our lakes problem. This is perhaps the most critical issue facing our community. Water is our most valuable resource; we must do everything possible to protect our water supplies. The Courts are trying to force us to utilize our two city-owned lakes as flood control facilities, instead of water supply reservoirs. We are currently working with our State delegation and State agencies to find a solution beneficial to all. In addition, the City Council has hired a consulting engineer to study our short and long term water needs, to include engineering or technical options to resolve the problem. Since this is a regional issue, we have solicited State resources, to include funding, to address the issue. We sincerely want to be good, considerate neighbors, but priority must be given to the needs, safety and welfare of our own citizens.

7. The City must take the lead in economic development. Working closely with individuals and agencies in the community, we must create an organization to effectively coordinate our economic development efforts. As I stated previously, the economic development arena is fiercely competitive. To be successful, we must have a professional, well coordinated, well orchestrated team. In addition, we must have public support and financial resources.

8. I would like to see a cleaner, more environmentally conscience city. Recently, Council discussed the litter problem in our community. We must take pride in ourselves; that pride will be contagious. I solicit your cooperation to clean up Lawton-Fort Sill. Let’s make this a year round priority, not just during annual cleanups and Earth Day. In a related matter, the Recycling Committee, chaired by Dr. Lynn Musselwhite, is progressing in efforts to initiate some type of recycling program. We hope to work closely with Fort Sill to begin a recycling program this year.

9. Continue efforts to make Lawton-Fort Sill a regional high-tech center. We must support Cameron University as it takes the lead to attract high-tech business and industry to Southwest Oklahoma. We must support the development of the Lawton Technology Park. The potential in the high-tech arena is virtually unlimited.

10. We must make a decision on mass transit. The need for public transportation has previously been identified as the greatest need of the community. A plan for a bus system has been approved by the Council, but no funding source identified. We plan to present this issue to the voters in November, to determine if citizens want a bus system and are willing to pay for it. We have debated this issue long enough and need to resolve it one way or the other.

11. Lawton will celebrate its centennial in the year 2001. Although two 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 celebrate our 100th birthday. The Council has already appropriated $50,000 for the Centennial and intends to add $25,000 a year until 2001 to help finance the festivities. I will soon solicit volunteers to serve on a Centennial Task Force to plan, organize, and facilitate this important celebration.

12. We must continue preparations to address the Y2K problem. Many have forecast calamity beyond epic proportions. Some would lead you to believe that the entire fabric of our society will unravel due to computer malfunctions. Everyone should remain calm and relaxed; I assure you that locally our Y2K associated problems will be minimal. The City Manager and staff assure me that our programming conversions will be completed by September and we anticipate no service interruptions or other problems on January 1, 2000, or thereafter.

What an exciting year 1998 was; what adventure and challenges we face in 1999. I look forward to working with the City Council, City Manager, staff and employees to meet these challenges and make our wonderful city even better. I would like to say that economic development, technology, capital improvements and such, will do no good until we all learn to love our neighbors as we do ourselves. Only then can we become a caring city - unified and supportive. We have the opportunity for greatness and can send a clear message to the state and nation that you can find no better community to live, work and raise a family than Lawton-Fort Sill.

As I draw this report to a close, let me emphatically say that the state of our City is excellent. Lawton-Fort Sill 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. Your city, its elected officials and staff are committed to providing efficient, effective and responsive service, promoting quality of life based on harmony and cooperation and creating leadership and opportunity for Southwest Oklahoma. We take our responsibilities seriously as stewards of the public’s trust.