Month 2000-4 April
Meeting of 2000-4-11 Regular Meeting
MINUTES
LAWTON CITY COUNCIL REGULAR MEETING
APRIL 11, 2000 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor Cecil E. Powell, Also Present:
Presiding Bill Baker, City Manager
John Vincent, City Attorney
Brenda Smith, City Clerk
The meeting was called to order at 6:25 p.m. with roll call. 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
James H. Hanna, Ward Two
Glenn Devine, Ward Three
John Purcell, Ward Four
Robert Shanklin, Ward Five
Charles Beller, Ward Six
Stanley Haywood, Ward Seven
Randy Warren, Ward Eight
ABSENT: None.
MAYOR'S STATE OF THE CITY ADDRESS
Mayor Powell presented the State of the City Address which is included herewith as a
matter of record.
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR
MEETING OF MARCH 28, 2000.
MOVED by Smith, SECOND by Warren, for approval of the minutes. AYE: Shanklin,
Beller, Haywood, Warren, Smith, Hanna, Devine, Purcell. NAY: None. MOTION
CARRIED.
AUDIENCE PARTICIPATION:
Clarence Williams, 1506 SW 4th Street, spoke regarding a remodeling permit he had
obtained and work he had done; address of this action was not provided. Haywood
asked if there were any problems and Williams said if there were problems, he would
take them to the judge. Haywood asked if Williams had received citations and Williams
said he had received several and has taken them to the judge.
Robert Bressman, HC 30 Box 1295, Lawton, distributed a packet of information
regarding the Robinson's Landing sewer lagoon. He said he was a resident of
Robinson's Landing and other residents of that area stood to be recognized.
Bressman's comments are summarized as follows: When Council approved construction
of the 6.5 million gallon lagoon at Robinson's Landing, the decision had a profound
impact on him, his family and all of the families present tonight; it impacted their way of
life and their quality of life. Property values will decline, air quality in the neighborhood
will suffer; aesthetics of the neighborhood have already been changed. How many
Council members have visited the lagoon site; could there be a show of hands? When
we asked why our concerns were not addressed prior to the decision to construct the
lagoon, we were told because the lagoon is permitted at less than 5,000 gallons per
day, the regulations did not require that a public meeting be held. That was not the
answer they expected or deserved.
Tab A of the information shows the engineering study of the Robinson's Landing sewer
facility prepared by the City Public Works/Engineering Department; alternative two on
page two, construction of an additional restroom, outside dump site at another location
approximately 500 feet west of the present facility site exists that could use an additional
restroom, outside dump site including a septic tank and lateral fields. This alternative
would provide capacity for an additional 50 RV sites. Cost for this alternative is $50,000.
Alternative three is the other viable alternative that the engineering staff recommended,
which is construction of the lift station, force main and lagoon system, at an estimated
cost of $170,000. The recommendation of the engineering department was: from the
analysis it appears construction of alternative 2, construction of an additional restroom
would be the most economical solution for the full development of the concessionaire in
that area.
Tab D, in a memorandum from the senior civil engineer Mike Johnson to, at that time,
City Manager Gil Schumpert; Mr. Johnson says the existing facility, septic tank and
lateral field, are found to be functioning satisfactorily at the present level of usage and
recommended that alternative two would be the most economical to meet additional
demands at the location. Cost for the improvement was $50,000.
In correspondence from Dick Huck to Mike Johnson, Mr. Huck writes I would support the
alternative two plan to build a separate restroom shower facility, however, I would
recommend that the concessionaire build and maintain the facility at their expense
because it would directly benefit the concessionaire operations and their ability to
expand the campgrounds. Why did the Council chose to ignore all of these
recommendations and opt for alternative three at a cost of three to four times as much?
There also seems to be confusion about how much the lagoon project will cost; the
grant application from the Assistant Director of Operations to the Oklahoma Department
of Wildlife Conservation in November 1999 states the estimated cost was revised to
$315,000; the amount requested from the Oklahoma Department of Wildlife
Conservation was $211,000 and in-kind funding by the City is revised to greater than
$70,500. The question we have is how many additional out of pocket dollars will the City
have to contribute to complete the lagoon project. We know the grant request was
$211,000 but that still leaves an additional $104,000. We are curious as to how much
has been spent on the project to date.
It is obvious the City is interested in expanding the Robinson's Landing facility. Can you
tell us how many additional camp sites the City plans to add in the Robinson's Landing
area and where they will be located? Has the City discussed expanding the number of
camp sites at Robinson's Landing to 135, as Mr. Johnson refers to in the memo at Tab L
of your information? It states we have looked at the number of RV sites that could
ultimately be served by the proposed sewer lift station lagoon at Robinson's Landing
and determined that approximately 135 RV camp sites could be served by the lagoon,
including the restroom facility. The question is, where will you put them? Will camp sites
be placed in Canyon Creek Park? When the County Commissioners revoked the City's
lagoon setback permit, they warned Lake Lawtonka is overcrowded now and is an
accident waiting to happen; does that have any impact on your resolve to add at least 40
more camp sites at the Robinson's Landing area. Tab N includes information that at
least 60% of the campers are also fishermen and boaters, so if you increase the number
of camp sites by 40 you are also potentially increasing the number of boats on Lake
Lawtonka by 24; if you increase the number of camp sites by 100 there are potentially
60 more boats on crowded Lake Lawtonka.
Bressman asked that the potential of the lagoons be reconsidered; not the potential of
adding 100 camp sites at Robinson's Landing, but the potential of raw sewage leaking
into Canyon Creek if the sewer line breaks or is washed out. Consider the potential
impact of nitrates seeping into Lake Lawtonka next year or 20 years from now. The
lagoon barely meets the required setback from Lake Lawtonka; it does not meet the
setback requirements from adjacent property. He asked that the quality of life of those
present be considered in deciding whether to proceed with the lagoon project.
Bressman asked that Council members ponder this question when they get to their
homes and families tonight: If funding becomes available to cover all incurred costs to
date, would you consider halting the lagoon project in favor of alternative two as
proposed by the engineering department? (concludes Bressman's remarks)
The Mayor and Council discussed the issue and staff will prepare a response to the
questions posed by Mr. Bressman. Regarding the question of required setbacks and the
County revoking the permit, the City Manager stated that the City received
correspondence from DEQ this week basically stating the City's permit is valid, all
requirements were met when it was issued and DEQ has told us we can proceed with
the construction.
ADDENDUM BUSINESS ITEMS:
1. Receive briefing on water cost study from staff and take appropriate action.
Exhibits: Water Cost Study; Legal Opinions 99-07 and 99-11.
Shanklin said he was sorry this was not on the Water Authority but he did not come with
it quick enough. He said the City Manager gave out letters saying he would request
authority to get an RFP for a rate consultant and he did not think that was proper at this
time. Shanklin said he wanted to read two things from Legal "the city is not allowed to
charge a rate which discriminates between the municipality's customers and outside
purchasers and if the purchaser's rate is higher it may only include the cost of providing
the water" and that is in the State Statute. He said from the Water Authority it says "it
will require each and every user of the facilities of the trust estate to pay the rates, fees
and charges in accordance with uniform rates". Shanklin said we are not doing it right
and we know we are not, and we are allowing ourselves to be exposed to a class action
suit by giving our water away.
MOVED by Shanklin, SECOND by Haywood, to table this until Monday night, April 17 at
6:15 p.m., at the Lawton Water Trust Authority. AYE: Beller, Haywood, Warren, Smith,
Hanna, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.
2. Consider approving a grant of CDBG Funds to Lawton Outreach Center Steering
Committee to be used to pursue a federal grant from the United States Department of
Justice for a "Weed and Seed" initiative in the City of Lawton. Exhibits: None. (Grant
document on file with City Clerk's Office)
Frank Pondrom, Housing & Community Development Director, said Lawton was
designated as a Weed and Seed site and Ms. Paige from the Lawton Outreach Center
requested that additional funds be provided to apply for funds from the federal
government.
Haywood said when this program started it was to be in Lawton View and Sheridan
Additions. He asked what happened to the Lawton View program.
Pat Paige said Weed and Seed requires you have a safe haven where people can come
to obtain services; when the application was made, they did not have a safe haven
designated in the Lawton View area and it is very important to the grant to have a safe
haven location. She said they are still working with Lawton View and had included funds
in their budget for neighborhood watch and other services for that area, and it could be
included in the next application if a safe haven site could be found. Haywood said both
Lawton View and Sheridan were involved in the grant process during meetings held in
Oklahoma City so in between, something must have happened. Paige said nothing had
changed; their OR still includes both but the safe haven at this time is on the north side;
we will phase in the south side as we find a location there but the OR includes both and
we have not forgotten that area.
Haywood said he, the City Manager and CPT DeBoard went to Houston and without
them doing that, Lawton may not have been designated as a site. Paige expressed
appreciation for support and explained the steering committee make-up and said she
had not forgotten the steering committee. She said a few other steps are required for
them to receive funding. Haywood said he did not mean to take credit for anything but
the certificate says that Lawton is a designated site and we know the primary area here
when it comes to grants and crime.
Purcell asked if this $9,750, in addition to the $6,840 granted previously, would exceed
the 20% cap on administration in the entire $1.2 million CDBG grant funding for this
activity and the department itself. Pondrom said it will be close but it is toward the end of
the year and it should not exceed 20%.
Haywood asked if this money is granted tonight if they will be applying for a grant in the
amount of $125,000. Taylor Stein said it will be a total of $175,000; another action
pending tonight is approval of a contract for the Lawton Police Department to receive
$50,000, then another $125,000 would go to Weed and Seed. Stein said they should be
able to get the $125,000 for the safe haven, and possibly another $125,000 for a
second safe haven in subsequent years which would be located in Lawton View. He said
additional funds may be available for special emphasis areas so this is a substantial
opportunity; we have not forgotten Lawton View and part of the strategy is to get the
north side, which has been a little more neglected as far as services and a sense of
community and we had an opportunity to have a location there. Stein said they are
working with Pastor Moore and there are sites they are looking at in Lawton View. He
said funds may not be received until July or August and things need to be done in the
interim and we may have investments in safe haven sites on the north side and on the
south side and this funding would be available for that.
MOVED by Smith, SECOND by Haywood, to approve the request for funding and
authorize the Mayor and City Clerk to execute the necessary documentation to provide
the requested grant of CDBG funds. AYE: Haywood, Warren, Smith, Hanna, Devine,
Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.
3. Consider approving a contract with Gene Hollar, Architect, for the design
of Greer
Park Restroom Building Project #2000-20. Exhibits: Location Map.
MOVED by Shanklin, SECOND by Smith, to approve the contract with Gene Hollar,
Architect, for the design of the Greer Park Restroom Building Project #2000-20 in the
amount of $2,844.30. AYE: Warren, Smith, Hanna, Devine, Purcell, Shanklin, Beller,
Haywood. NAY: None. MOTION CARRIED.
4. Consider authorizing Enercon Services, Inc. to perform a Phase I Environmental
Site Assessment for the abandoned Wastewater Treatment Plant Site. Exhibits: Letter
Agreement dated April 3, 2000, from Enercon Services, Inc.; Letter dated March 22,
2000, from Enercon Services, Inc. estimating future costs; Memo dated February 23,
2000, from City Manager to Mayor and Council.
Jerry Ihler, Public Works/Engineering Director, said in a meeting with the Oklahoma
School Land Office it was brought to our attention that the City had leased the property
at the old, abandoned Wastewater Treatment Plant site located just east of I-44 and
west of East Cache Creek. This site was abandoned in 1977-78. One of the
requirements of the lease was that the City restore the plant site back to its original
condition as best as possible. In February 2000 Council awarded a contract with regard
to the Brownfields application grant to hire Enercon Services, Inc. Staff recommendation
is to further that contract and enter into a written letter agreement to pursue the Phase I
site environmental assessment. Cost is $2,230 and recommended funding source is
Council Contingency.
Mayor Powell said this site is a mess and it needs to be done. Shanklin agreed and
asked what would have to be done and the potential cost. Ihler said the first phase
would be an assessment, the second phase would be some monitoring wells, then plans
and specifications to restore the site by either removing the concrete structures or
pushing them in and covering them up and restore the site as much as possible to its
original state. Ihler said we have requested ballpark figures on what that might cost to
get us to the point where we go out for construction and budget numbers were provided
along the lines of $25,000 to $30,000 to get us to that point. Phase 2 assessment and
plans and specifications preparation and possibly the actual restoration of the site will be
eligible for some of the Brownfields grant funding and that is what we are trying to put
together.
MOVED by Smith, SECOND by Shanklin, to authorize the Mayor and City Clerk to
execute a letter of agreement with Enercon Services, Inc. in the amount of $2,230 to
perform the Phase I Environmental Site Assessment for the abandoned wastewater
treatment plant site.
Purcell suggested funding come from the Public Works' budget instead of Council
Contingency. This was discussed and Smith amended the motion to state that funding
would come from the Public Works budget; Devine seconded the amended motion.
Beller said this is for a visual inspection of the property; he asked how they would
visually find underground storage tanks or contaminated soil or hazardous material.
Beller said the concern is not the $2,200 being spent now but possible later costs
depending on what is found and mandates to remedy it. Ihler said Phase II will be a
more in depth study and greater costs will be involved other than the $2,230, however,
as the process goes through DEQ to close a site out, you must begin with the
environmental assessment and report. Beller asked if there was a mandate on when it
has to be closed out. Ihler said he was not aware of one. Baker said we have to do this
and should have done it in 1977 or 1978.
VOTE ON MOTION AS AMENDED: AYE: Smith, Hanna, Devine, Purcell, Shanklin,
Beller, Haywood, Warren. NAY: None. MOTION CARRIED.
BUSINESS ITEMS:
1. Receive a presentation from the Emergency Management Director and take
appropriate action. Exhibits: None.
Richard Atkins, Emergency Management Director, presented information on plans for
this year's storm season as far as sounding and authorization for sounding of the sirens,
shelters that will be used, and the public education campaign. The Emergency
Operation Plan previously called for sounding of the sirens to be at the direction of the
Emergency Management Director or his subordinate or representative, and if that
individual happened to be out of town, it would fall to the Mayor, City Manager, Assistant
City Manager, Police Chief or Fire Chief. The Plan was amended this year to state that
the primary person to contact will be the Emergency Management Director, however,
any one of the following persons have the authorization to issue the directive to blow the
sirens, those being the City Manager, Mayor, Assistant City Manager, Information
Services Officer, Police Chief or Fire Chief. Criteria for sounding the sirens in the past
was there had to be a tornado indicated by radar or visually sighted heading in the
direction of Lawton. At the direction of the Mayor and Council last year at the end of
June that was amended to include winds in excess of 70 mph. Atkins suggested that
provision be re-examined. Mayor Powell said the people spoke very soundly and we
were criticized last time for not sounding the sirens; the citizens want the warning.
Atkins said the School Board designated the basement of Shoemaker Center for use as
a shelter and LPS will provide the security and people to open it. KCA set aside the
cafeteria at the Indian School in the basement for use as a shelter; Tucker inspected the
facility and they are in the process of installing a generator and portable lighting for our
use and they have also made available the people to open and man it. The Galilee
Baptist Church has been made available at 1st and Jones Avenue and three people are
listed to contact.
Atkins distributed folders containing public information fliers; the information is available
on CD and he and Jackson plan to put it on the City web page. He said they had worked
with Mr. Wallace at Channel 7 on the Fifth Season shows to get the information out, and
they plan to contact the radio and newspaper to get the information out. Public speaking
engagements with civic clubs and neighborhood watches are on-going, and the thing
being stressed is for people to stay in place, shelter in home, and use the public shelters
for those who may be in mobile homes or apartment complexes. Atkins said if we try to
get people out on the road they are in more danger than trying to shelter in place.
Andy Wallace, Channel 7 Meteorologist, said they did not mind giving any information
as far as wind speed, potential for winds, potential for tornadoes, but they are on the air
consistently and trying to provide updates. He said he wanted to warn against not
sounding the sirens because you cannot get in touch with Channel 7 because their first
concern is to keep their presence on television, keep people home and keep people
informed. Wallace stressed the importance of sounding the sirens for a mezacyclone or
an area of strong rotation moving toward Lawton. He said tornado warnings 15 years
ago were "touch down plus three" where the tornado touches down and three minutes
later the tornado warning came out; it was too late. It is now "touch down minus twenty"
meaning we have a twenty minute lead time on a tornado warning.
Wallace said Mr. Atkins has communication with him, and the police dispatch and city
officials can get in touch with them also. He said Atkins has communication directly with
the National Weather Service Office in Norman. Wallace said severe wind speed is
considered to be 58 mph and there has been discussion of moving it up to 65 because
of how common 58 mph wind reports are becoming. He said there is not more wind but
there is much more knowledge of it through technology and storm chasers. Wallace said
this year would tell us whether 70 mph winds would be frequent or not, and his
recommendation may be to move it to 80 or 90 mph, although that may be high, but 70
may be too frequent, and recommended waiting for a year to evaluate.
Wallace said he had received questions as to when the sirens should be sounded and
gave examples of possible situations. He said there is a need for flexibility in this regard
and his office was more than willing to give their best forecast; Channel 7 has three
meteorologists, all of which went to the University of Oklahoma and two of which
graduated first and second in the class. Wallace said they would extend their hand in
the public information campaign and that they had been very active in the Fifth Season
shows in trying to tell the public what to do in case of a tornado. He said the public
should stay where they are when the sirens go off; if you are outside, you should get
inside, but if you are at home, you should not leave to go to a shelter unless you are in
absolutely unsafe home. Wallace said people should not remain in mobile homes or
cars, but if they are at home, they are putting their lives in danger by getting out on the
road. Wallace said people in cars may panic when they see tornados, people should not
be in cars during tornados, and there is also danger in getting under bridges. People
should get into the closest available building or ditch or shelter, but that should be
considered with the siren policy.
Hanna asked if the recommendation was to sound the sirens if the wind speed gets up
to 90 mph and if so, what would that do to those living in mobile homes. Wallace said if
you live in a mobile home in Tornado Alley, you need to be prepared for 50 mph winds
because those can damage mobile homes. Wallace said they try to provide as much
notice as possible but if you live in Tornado Alley and you live in a mobile home, you
need to understand there is an inherent danger of being in there and that a tornado
warning is almost too late. Those residents should be thinking about what to do when
the forecast for severe weather comes out that day; if it looks dark in the distance and it
starts moving in, that is the time to think about it.
Hanna said he agreed with the comments but the question remains if those people
would receive adequate notice if we wait until winds are at 80 or 90 mph before
sounding the sirens, whether they live in a mobile home or not. Wallace said he could
remember three weather events with winds greater than 80 mph but that he could not
name the number of times there was 60, 70 or 75 mph winds. Mayor Powell said in 1985
or 1986 the wind snapped every high line pole on Lee Boulevard from the 4800 block to
about the 6700 block, or even further, and Lee was completely closed down, so we
could not suggest waiting until the winds were 80 mph because we saw what it did that
night.
Purcell asked if other locations were also designated as shelters, such as the basement
of Birch Hall.
Atkins said Eisenhower Junior High and MacArthur Senior High are designated shelters;
Birch Hall's basement at Cameron was converted into offices so it could not be used.
The School Board has provided for security personnel and custodians to open and take
care of the school facilities. The Fire Department will be used in the event that some of
the facilities are not available.
During discussion it was pointed out that the list of persons allowed to direct that the
sirens be sounded were not in a particular order and that anyone on the list could give
that direction.
Warren asked Mr. Wallace if he had read the committee's report; response was no and
a copy will be provided for him. Warren said the committee came up with a change of
philosophy that we are not necessarily sounding the sirens to warn people to take
shelter; it would be a warning that you need to look outside, turn on the television or
radio and make up your mind what you need to do in your particular situation because
the City does not have the ability to make decisions for individuals, but wants to warn
people to allow them to make those decisions in their own best interest. Haywood asked
if the radius recommended by the committee was 20 miles and Warren said yes.
Smith thanked Atkins for the presentation and said he had much more confidence in the
preparations this year than he had last year after the storm.
2 Receive a presentation by Parks & Recreation on the present needs of organized
soccer in this community and the plans of the Parks & Recreation Department to assist
in filling those needs. Exhibits: None.
Gary Salva, Parks & Recreation Director, provided a power point presentation
concerning existing soccer fields, level of participation, and sponsoring organizations,
and how the participation and expenses of soccer compare with other sports. Soccer
was shown to be a very popular sport, and gaining in participation, with no City support
being provided at this time. A copy of the presentation is on file in the City Clerk's Office.
The proposal was to establish four soccer fields in McMahon Park east of the softball
complex and creek. This area cannot have structures built on it, nor have the land
contour changed due to it being in a flood area; however, it could accommodate soccer
fields. Costs of this project can be done within existing staff and budget; volunteer
organizations may donate seed and fertilizer to start the turf renovation; a gravel entry
will be needed now. Future costs could include a water line and gravel parking area.
Long range plans need evaluation as to whether there is a need for a six-field lighted
soccer complex, which could serve youth and adults and possibly host regional
tournaments. A 16 field complex is needed now as the arrangement at Fort Sill is not
sufficient.
Hanna stated maintenance of soccer fields is expensive and time consuming and he
asked if the current staffing level was sufficient to take care of the fields. Salva said they
felt they could do this with existing staff. Hanna asked about ball fields needed to
replace fields being lost north of Shoemaker Center; response is fields will be
constructed in East Side Park in 2002 and the fields at 17th and G are being lighted to
help facilitate the programs.
There was no opposition to the proposal and the need to adequately water the fields
was pointed out.
3. Consider receiving a presentation from the Engineering Division regarding
the
Geographical Information System (GIS). Exhibits: None.
Ihler said the sketch used in the Parks & Recreation presentation showing the location
of the ball fields was done through GIS. Mike Johnson, Assistant Director of
Engineering, said the GIS system lets you use maps, drawings and related data on a
computer. He said we are in the early stages of development of GIS and the first
components were received as part of the Sewer System Evaluation Survey, which was
done by a consultant and furnished to the City in 1997, and Engineering has been
adding to the system since that time.
Derald Paulk, City Surveyor and GIS Manager, gave a power point presentation
showing the data available through this system, such as aerial photographs of the entire
city and the ability to overlay the entire CIP program over that photograph. Water and
sewer data is available and information can be shown in smaller areas, such as
neighborhoods or houses. He explained how the monumentation program allows the
GIS system to be operational. Maps were shown illustrating the various features that are
available to provide necessary information regarding various infrastructure and building
features.
Warren said this technology can be made available over the Internet to assist in
economic and industrial development to allow a prospect to look at property, see what
infrastructure is available, and see who owns it and possibly if it is for sale. He said it is
good information and it is the future.
4. Consider authorizing the City Attorney to begin discussions with the former
owner
and dedicator of Greer Park regarding the restrictions on the property. Exhibits: None.
Devine said the City Attorney needed authorization to attempt to have the deed cleared
up. Vincent said there are deed restrictions and he would like to contact the former
owner and dedicator with regard to removing those deed restrictions.
MOVED by Devine, SECOND by Purcell, to approve the item as recommended. AYE:
Hanna, Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None.
MOTION CARRIED.
5. Consider a resolution approving the incurrence of indebtedness by the Lawton
Water Authority issuing its bond anticipation note, Series 2000 and approving the
proposal of the Authority to incur said indebtedness; waiving competitive bidding,
authorizing certain fees and approving the proceedings of the Authority pertaining to the
sale of said note; and containing other provisions related thereto. Exhibits: Resolution
No. 00-39.
MOVED by Smith, SECOND by Devine, to approve Resolution No. 00-39. AYE: Devine,
Purcell, Shanklin, Beller, Haywood, Warren, Smith, Hanna. NAY: None. MOTION
CARRIED.
(Title only) Resolution No. 00-39
A resolution approving the incurrence of indebtedness by the Lawton Water Authority
(The "Authority") issuing its Bond Anticipation Note, Series 2000 (The "Note") and
approving the proposal of the Authority to incur said indebtedness; waiving competitive
bidding, authorizing certain fees and approving the proceedings of the Authority
pertaining to the sale of said note; and containing other provisions relating thereto.
6. Consider awarding a construction contract to Ideal Construction, Inc. for
the Landfill
Cells 2-3 Project #2000-8. Exhibits: Location Map; Bid Tabulation.
Mayor Powell said this firm had not done any projects in Lawton but that he found
through the City Manager that Ihler had checked into their background thoroughly and
he was satisfied.
Ihler said nine bids were received and staff recommendation was to award to Ideal
Construction, Inc. in the amount of $2,273,400.
MOVED by Shanklin, SECOND by Haywood, to award to Ideal Construction, Inc. in the
amount of $2,273,400. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith, Hanna,
Devine. NAY: None. MOTION CARRIED.
7. Consider awarding a contract for professional engineering services for the
Landfill
Expansion Project #2000-18. Exhibits: None. (Contract on file in City Clerk's Office)
Ihler said a project approved in the 2000 CIP was to prepare for the landfill after cells
two and three are completely filled. The Engineering Selection Committee has reviewed
proposals and recommended award to Burns and McDonnell for the engineering design
for the future landfill site to the south of the existing landfill. This will include a master
plan as well as design and plans and specifications for that initial phase.
MOVED by Shanklin, SECOND by Beller, to award the contract to Burns and McDonnell
in the amount of $360,300.
Purcell suggested the motion include that one of the reasons the contract was being
awarded to this firm was based on past performance and their knowledge of the project
involving special considerations. He said it is not the low bidder and these items should
be shown on the record as to the reasons for not selecting the low bidder. Purcell said
there are additional costs that may be charged by the other firms and we do not have
any idea if those are correct, so the other two firms could actually be a higher cost than
Burns and McDonnell. Shanklin said it should also be stated that we are not required to
take the low bidder for professional services.
VOTE ON MOTION: AYE: Shanklin, Beller, Haywood, Warren, Smith, Hanna, Devine,
Purcell. NAY: None. MOTION CARRIED.
8. Consider awarding a contract for professional engineering services for the
NW 38th
Street Reconstruction Project #2000-16. Exhibits: None. (Contract on file in City Clerk's
Office)
Ihler said a 2000 CIP project was reconstruction of NW 38th Street from Cache Road to
Rogers Lane. This item awards an engineering contract for the design services; 19
RFPs were sent out and five proposals were submitted. The Engineer Selection
Committee reviewed the proposals and recommends award to Robert B. Hendrick &
Sons based on their history and past performance on City projects, their familiarity with
staff and their proposal recognizes and identifies some problems that we could
encounter as part of the design of the project. Recommendation was to award to
Hendrick in the amount of $137,500.
Beller said Hendrick submitted a turn-key job in their proposal and the others did not
include the cost for certain items.
MOVED by Beller, SECOND by Devine, to approve the contract for professional
services engineering for NW 38th Street Reconstruction Project 2000-16 to Robert B.
Hendrick firm in the amount of $137,500. AYE: Beller, Haywood, Warren, Smith, Hanna,
Devine, Purcell. NAY: None. ABSTAIN: Shanklin. MOTION CARRIED.
9. Consider awarding a contract for professional architectural services for the
Fire
Station #5 Relocation Project #2000-17. Exhibits: None. (Contract on file in City Clerk's
Office)
Ihler said a 2000 CIP project was the relocation of Fire Station #5; nine RFP's were sent
to architects for design of the project and seven responses were received. The Engineer
Selection Committee reviewed the submissions and recommended award to GBA
Architects in the amount of $41,905, based on their proposal and their fee happens to
be the lowest in this particular instance.
MOVED by Smith, SECOND by Hanna, to award to GBA Architects in the amount of
$41,905, based on their proposal and their fee happens to be the lowest. AYE:
Haywood, Warren, Smith, Hanna, Devine, Purcell, Shanklin, Beller. NAY: None.
MOTION CARRIED.
10. Consider approving Amendment #1 to the Agreement dated April 15, 1999 with
CH2M Hill, Inc. for the Water Treatment System Analysis Project. Exhibits: Amendment
#1; Design Fee Curve.
Ihler said a 2000 CIP project was the Medicine Park Water Treatment Plant Expansion.
In February 1999 Council awarded a contract to CH2M Hill, Inc. for design services. At
that time all engineering firms submitted fees based on what was known at that time and
it was not known whether all of the expansion would be at Medicine Park or if some
would be at Medicine Park and some at a new plant in the southeast part of Lawton.
The study for this phase has been completed and there will be a 40 million gallon per
day expansion at the Medicine Park plant. The engineer has agreed to lower his fee for
the design services by $195,000 and recommendation is to approve the amendment to
reduce the fee curve based on having better information and knowing what needs to be
accomplished at this time.
MOVED by Smith, SECOND by Haywood, to approve the amendment. AYE: Warren,
Smith, Hanna, Devine, Purcell, Shanklin, Beller, Haywood. NAY: None. MOTION
CARRIED.
11. Consider adopting an ordinance amending Lawton City Code, Chapter 10, Section
10-402 eliminating the need for transfer of property to Director of Finance and sale by
Finance Director, deleting the section transferring any amount to Crimestoppers by
resolution and declaring an emergency. Exhibits: Ordinance No. 00-15.
Vincent said the current ordinance does not allow for the type of property sale that is
needed, and the ordinance is not found to comply with the current situation in the State
Statutes. He said an amendment to the Crimestoppers contract is being considered by
Crimestoppers, and when the amendment is processed, the Council Policy will no longer
be needed and can be repealed.
Purcell asked why this was recommended to be an emergency. Vincent said at the time
it was being prepared we thought Crimestoppers had approved the agreement but they
were not able to hold a meeting to get the sale going, and the emergency clause can be
removed if desired. Shanklin said it does not cost anything to leave the emergency
section in place.
Baker said if Council approves this, we will include funds in the Police budget and an
off-setting amount in revenue so it will be a wash but it will facilitate this being done
properly.
MOVED by Smith, SECOND by Haywood, to approve Ordinance No. 00-15, waive
reading of the ordinance read the title only and declare an emergency.
Warren asked if there was a reason to strike "of the United States" in paragraph a, after
"legal tender". Vincent said there may be legal tender from Canada or Mexico.
(Title read by Clerk) Ordinance No. 00-15
An ordinance relating to finance and taxation, amending Section 10-402, Chapter 10,
eliminating the need for transfer of property to Director of Finance and sale by Finance
Director; deleting the section transferring any amount to Crimestoppers by resolution
and declaring an emergency.
VOTE ON MOTION: AYE: Smith, Hanna, Devine, Purcell, Shanklin, Beller, Haywood,
Warren. NAY: None. MOTION CARRIED.
12. Consider approving the Intergovernmental Agreement for Public Safety Services
between the City of Lawton and Fort Sill. Exhibits: Proposed Agreement.
Bill Adamson, Police Chief, said he had met with Mr. Beauchamp to discuss the school
system starting a new program beginning with the next school year. He said it is the
Botvin program, which is a drug awareness program that also teaches elements of self-esteem to the students
at grade levels six, seven and eight. The current DARE objective
is directed at the sixth grade level and both programs cannot be run in the same grade.
The school system researched the Botvin program and plans to implement it so the
decision was made that the DARE program should be discontinued.
Purcell asked if there would still be the same number of police officers or MP's assigned
to the new program as there were with the DARE program. Adamson said no, this
program is teacher-based rather than being taught by police officers. Adamson said one
officer is currently assigned as the DARE coordinator, as well as teaching some of the
classes, and three MP's assist this officer. Those people will no longer be assigned to
the DARE effort at all, and DARE will be replaced with the Botvin program.
Warren asked if this will lessen the presence of the Police Department in the schools.
Adamson said yes, as far as DARE is concerned, and Botvin has been implemented at
some schools already so DARE is not being taught at those few schools. Warren asked
if there was a program to put the officers in touch with the younger children. Adamson
said yes, we are involved in the Risk Watch program at four schools, working with the
Fire Department and MP's to teach safety and awareness. The plan is to expand that
program as manpower allows. Adamson said he and Beauchamp discussed an "adopt a
school" type program meaning that an officer working a particular zone with an
elementary school in it would stop by the school for an hour of so a week, eat lunch with
the children, associate with the children in that way, and that would be a positive
program to implement in the future.
Hanna asked if teachers would be up to date on what is going on to be able to teach the
Botvin program, such as what drugs are being used, to be able to tell the children what
not to do. He asked if the Police Department would provide training for the teachers in
this regard. Haywood said Botvin has been implemented in all the elementary schools
and the sixth grade teachers and school counselors are doing it, and it will be integrated
into the curriculum next year, hopefully. Haywood said they may have to contact the
Police Department to get information about drugs.
MOVED by Purcell, SECOND by Smith, to approve the agreement. AYE: Hanna,
Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION
CARRIED.
CONSENT AGENDA:
ITEM 13 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.
14. Consider the following damage claims recommended for approval and
consider
passage of any resolutions authorizing the City Attorney to file a friendly suit for claims
which are over $400.00: Sammie and Mary Powell; and Chet and Karen Tucker.
Exhibits: Legal Opinion/Recommendation. (Resolution No. 00-40 on file in City Clerk's
Office) Action: Approval of claims. Tucker: $116.32.
(Title only) Resolution No. 00-40
A resolution authorizing and directing the City Attorney to assist Sammie and Mary
Powell 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 Five Hundred Fifty-Two and 39/100 Dollars ($552.39).
15. Consider requests for the installation of traffic control devices at the
specified
locations. Exhibits: Excerpt from 3/16/00 Draft Traffic Commission Minutes. Action:
Deny requests for traffic control at 12th and Kingsbury and at Sheridan Road and Ferris.
16. Consider a resolution authorizing the installation of traffic control devices
at the
specified locations. Exhibits: Resolution No. 00-41; Excerpt from 3/16/00 Draft Traffic
Commission Minutes.
(Title only) Resolution No. 00-41
A resolution authorizing the installation and/or removal of traffic control devices at
certain designated locations within the City of Lawton, Oklahoma. Location: Install
signage, pavement markings and signals to change the right lane of north and south
bound Sheridan Road to right turn only at Cache Road; Install a broken white line,
delineating an additional turn lane existing the north Wal-Mart Drive at NW Sheridan
Road.
17. Consider the "Agency Plan" of the Housing Authority of the City
of Lawton and
consider authorizing the Mayor to sign a letter stating that the Agency Plan is consistent
with the Consolidated Plan of the City of Lawton. Exhibits: Agency Plan and proposed
letter (On file in City Clerk's Office). Action: Authorize the Mayor to sign a letter stating
that the Agency Plan is consistent with the City of Lawton's Consolidated Plan.
18. Consider approving a "Cost Reimbursement Agreement" between the
City of
Lawton Police Department and the Federal Bureau of Investigation for the purpose of
supplying overtime officers and equipment for enforcement action associated with the
"Weed & Seed" initiative. Exhibits: Reimbursement Agreement and disclaimer. ***This
item was removed from consideration.
19. Consider a revocable permit for the installation of groundwater monitoring
wells on
the NW 44th Street right-of-way adjacent to 4401 NW Cache Road, submitted by
Summit Environmental Services, on behalf of Michael Mayhall. Exhibits: Letter of
Request; Revocable Permit. Action: Approval of Revocable Permit for installation of
groundwater monitoring wells adjacent to 4401 NW Cache Road.
20. Consider a revocable permit for the installation of groundwater monitoring
wells on
the Lee Boulevard right-of-way across from 1508 SW Lee Boulevard, submitted by
NESCO, Inc., on behalf of Bill Malone. Exhibits: Letter of Request with Location Map;
Letter from ODOT; Revocable Permit. Action: Approval of Revocable Permit for
installation of groundwater monitoring wells in the Lee Boulevard right-of-way across
from 1508 SW Lee Boulevard.
21. Consider approving Releases of Mortgage on residential properties belonging
to
Mary L. Dunning A/K/A Mary L. Winham, and Carolyn Mathews, both of Lawton,
Oklahoma, and authorize execution of the Releases or Mortgage. Exhibits: None.
(Mortgages and Releases on file in City Clerk's Office) Action: Approval of item.
22. Consider approving plans and specifications for the 2000 CIP Waterline
Replacement Project #2000-13 and authorizing staff to advertise for bids. Exhibits:
Location Map. Action: Approval of item.
23. Consider accepting the Lake Ellsworth Pump Station Motor Control Replacement
Project 99-9 as constructed by Southwest Electric and placing the Maintenance Bond
into effect. Exhibits: None. Action: Approval of item.
24. Consider authorizing staff to submit an application to the Department of
Civil
Emergency Management for "Project Impact". Exhibits: Letter; Project Impact
Questionnaire. Action: Approval of item.
25. Consider ratifying the action of the Lawton Water Authority in awarding the
Robinson's Landing Store Lease to Mike Mahoney. Exhibits: Bid synopsis and
recommendation. Action: Approval of item.
26. Consider approving the following contract extensions: A) Claims Administration
Service with Managed Health Resources, Inc. (Group Health and Dental Plan
Administration Services) and United Safety & Claims, Inc. (Worker's Compensation
Administration Services); B) Pre-Sort Mailing Services with Southwest Mailing Service;
C) Plexar Telephone Service with Southwestern Bell; D) Long Distance Telephone
Service Inside 405 & 580 Area with Ionex Telecommunications, Inc.; E) Long Distance
Telephone Service Outside 405 & 580 Area with Ionex Telecommunications, Inc.
Exhibits: None. Action: Approval of item.
27. Consider awarding contract for Playground Equipment. Exhibits:
Recommendation; Bid Abstract. Action: Award contract to Miracle Equipment Company,
Sand Springs, OK.
28. Consider approval of payroll for the period of April 3 through 16, 2000.
Exhibits:
None.
Mayor Powell asked that Item 18 be removed and that Item 13 be considered
separately.
MOVED by Smith, SECOND by Warren, to approve the Consent Agenda items as
recommended with the exception of Items 13 and 18. AYE: Devine, Purcell, Shanklin,
Beller, Haywood, Warren, Smith, Hanna. NAY: None. MOTION CARRIED.
13. Consider the following damage claims recommended for denial: Earl and Susie
Andrews; Herman and Karen Lynette Kesner; Beverly Jane Schau; Southwestern Bell
Telephone Company; and Tom and Agnes Thomas. Exhibits: Legal
Opinions/Recommendations.
Mayor Powell asked for a motion to deal with the claims in this item other than Kesner
and Schau.
MOVED by Smith, SECOND by Haywood, to deny the claims of Andrews, Southwestern
Bell Telephone and Thomas. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith,
Hanna, Devine. NAY: None. MOTION CARRIED.
Lynette Kesner said she came home from work and could not get in the front door
because it smelled so bad; she had to air the house out before she could go in. She said
the sewer had backed up while she was at work so obviously it was not her sewer she
was putting down the line that came up into her house. Kesner said the City Attorney
recommended denial but it was the City's line that stopped up because City crews came
out and unstopped it and signed a paper saying it was the City's line, and the next day
the City inspector came out to look at the damage to the carpet. She said she could not
have her three year old daughter or four year old granddaughter on the carpet so they
were out of their home for a week. Kesner said she was asking for replacement of the
carpet and two nights in a motel because she stayed with family the other five nights
she was out of her home.
Shanklin asked how much money is being claimed. Kesner said $2,820 and the carpet
was fairly new. Shanklin asked if staff agreed that amount was correct. Vincent said they
did not analyze the amount of money because there had been no backups within the ten
years, and if Council wanted to table it, they could evaluate the amount of the loss.
MOVED by Shanklin, that we do pay this but we check to see whether we should owe
$2,820.
Beller asked if there was insurance coverage. Kesner said no, she called the company
and they did not cover it. Kesner said she cleaned up the mess herself instead of
building up more money value so she thought the City would replace the carpet.
Purcell said we just got through denying one before this for $275 under the same set of
circumstances and we have denied dozens before. He said he needed to know from
now on, even though it is the first instance and the City Attorney says we are not liable,
that we are going to approve all of these, and if that is the case, that is fine but it should
not be piecemeal where one is approved and another is not and it is not fair to everyone;
we should treat everyone equally. Purcell said if we are going to set a policy, we can
agree tonight that we are going to pay them all if it is the first time, or not pay them, and
we just denied one not less than five minutes ago for the same, exact problem.
Beller said one of the reasons shown for denial was that it had not been stopped up in a
five year period. He asked if there is a time frame involved because it says if we had
prior notice and we obviously did on the $275 claim. Beller asked why one was
recommended for denial when there was notice of a prior stoppage in that area. Vincent
said we just picked a rule of thumb; there is no magic date. Vincent said one of the
things we are going to have to discuss in the near future is with the new SSES program
and the replacement of the lines, some of the old lines we are replacing would have had
prior problems but we are putting in brand new line so there would be no history there.
Beller said on the Andrews claim it shows that City crews responded to two prior
backups in the fall of 1992 which were cleared by rodding the main, so it appears to
have been the City's responsibility then and we had the same thing occur here and we
say it is not our responsibility. Vincent said it is our judgment call based on, if the backup
has been a certain period of time ago and there have not been any problems then we
are no longer on notice; we use kind of a three to five year window, if it is less than three
years it is automatic notice and if it is between three and five years, depending on how
many times we have had problems with it, older than five years it is that we are not on
notice because there has not been a problem in a long time; it is just a judgment call
that is made and it is certainly up to the Council to decide whatever they want to if there
has been a prior problem; we just have no record on Ms. Kesner's line of any problem at
all.
SECOND by Haywood to Shanklin's motion.
Devine said as many claims as we are having, to create a solution and stop it in the
future, we could make a City requirement to put in a backwater valve in all sewer lines
which stops any water from backing up the sewer line. Mayor Powell said a lady had one
installed but it malfunctioned and she still received damage. Baker said we looked at the
feasibility of requiring backflow valves in sewer lines when we have paid a damage
claim, and the reason it was not pursued was that the valves failed to function properly
after a while because things get hung up and they will not close properly. Baker said it
has been looked at twice over the last ten to twelve years and it was decided not to
pursue it. Devine said there are different quality valves and if you purchase an
inexpensive one, there may be a malfunction, but they make brass valves that are heavy
enough to close properly and usually prevent backups.
Smith said we just voted to deny the Andrews claim; he asked the City Attorney if that
claim can be brought back and approved. Vincent said yes.
Purcell asked if it is Council policy that when we have these kind of claims come up that
we will vote to pay them every single time. Shanklin said we have a history of doing that
when people come down here and appear before us, very few have we turned down.
Purcell said that is the problem, is it if you come down here and say something we will
approve it, but if you do not show up, we are going to disapprove it; is that the new
guidance.
Mayor Powell said when he reads that the City crew responded to a call for service and
discovered the main obstructed with grease and cleared it by rodding, then that is our
problem. He said he knew of the Holdenville case in 1966 and we see it every time and
it was likely upheld at that time, but that is the same thing as a City truck going down the
road and hitting a car and saying we are not liable because this is the first time. Mayor
Powell said it does not make sense at all so any time anyone comes to him with a claim
like this, he will ask them to present their case to the Council and hopefully Council will
bless it.
Purcell said he was concerned about those who do not call in or come to the meeting
but let it go through the system, and if we are going to approve them, we should
approve them all. Shanklin said there may be some mitigating circumstances where that
individual did not think he really had a claim. Shanklin said many times Council does not
have the right information as to problems with the lines. Purcell said he had no problem
approving it but had a problem being inconsistent; is the rule if you come down and
protest the denial that we will grant it, but if you do not come down, we are going to
uphold the denial. Shanklin said he did not know that we could do that tonight, but staff
could write a policy and look over the invoices.
Smith said he had a problem denying sewer backups regardless of whether it had been
20 years or yesterday, if our sewer backs into their house, we are liable. Beller asked
why a motion could not be made that if it is a sewer problem related to a backup from
the main, the City is responsible, and kick out this Holdenville 1966 case. Devine said
the crew responded and rodded the main so we are admitting guilt right there that it was
our fault and that our main was stopped up, and he could not see denying a claim under
those circumstances.
Baker asked if Council would authorize a resolution along with this claim because it was
apparent it would be over $400. Shanklin said it will have to come back to Council.
Vincent said he had authority up to $400, and on this type of deal the motion should,
where we are going to go ahead and give the City Attorney authority up to $2,820, which
means that by policy we must take it to District Court as a friendly suit, we will need a
resolution and a warrant of attorney and we will have to prepare those documents.
Vincent said it was his understanding of the motion that if you approve it, he would
prepare those documents and pay it. Shanklin said no, his motion was to check what
she is claiming and if it was all new carpet and its value. Mayor Powell said it was to
determine the amount and bring it back. Vincent said he would do so.
VOTE ON MOTION: AYE: Shanklin, Beller, Haywood, Warren, Smith, Hanna, Devine,
Purcell. NAY: None. MOTION CARRIED.
Mayor Powell asked that action be taken on the Schau claim. Shanklin said this
situation is just like the last one that was discussed.
MOVED by Shanklin, SECOND by Smith, that staff determine the validity, and he was
not doubting it but we have always been able to adjust it down and make everybody
happy, and then bring it back to us for Schau. AYE: Beller, Haywood, Warren, Smith,
Hanna, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.
MOVED by Beller, SECOND by Devine, to reconsider the $275 claim submitted by Earl
and Susie Andrews through Mayhue-McKee Realty. AYE: Haywood, Warren, Smith,
Hanna, Devine, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.
MOVED by Purcell, SECOND by Smith, to approve the Andrews claim in the amount of
$275.60. AYE: Warren, Smith, Hanna, Devine, Purcell, Shanklin, Beller, Haywood. NAY:
None. MOTION CARRIED.
The City Manager stated Item 18 was pulled because the FBI has not had the
opportunity to look at it.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
Shanklin asked when can we expect the sign at Elmer Thomas Park and what will we do
about it washing out. He said he would not be in town and someone would have to take
his place in the Cornish case. Devine volunteered to do that.
Shanklin asked for a list of projects and when they were done and how we have spent
the money received through the $1 on the water bills for drainage maintenance.
Haywood said Habitat for Humanity has completed three houses, and First Baptist,
Central Baptist and Bethlehem Church are in partnership with Habitat for Humanity
building two houses in Ward Five which are done.
Mayor Powell said we all have a challenge on Trash Off Day on Saturday.
BUSINESS ITEMS:
29. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss the pending investigation of the landfill, and if necessary,
take appropriate action in open session. Exhibits: None.
30. Pursuant to Section 307C9, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss an economic development prospect to be located within
the City of Lawton, and if necessary, take appropriate action in open session. Exhibits:
None.
31. Pursuant to Section 307B2, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss negotiations for a Collective Bargaining Agreement for FY
2000-2001 between the Police Union, IUPA, Local 24, and the City of Lawton, and take
appropriate action in open session. Exhibits: None.
32. Pursuant to Section 307B2, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss negotiations for a Collective Bargaining Agreement for FY
2000-2001 between the Fire Union, IAFF, Local 1882, and the City of Lawton, and take
appropriate action in open session. Exhibits: None.
33. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss the case styled C. Steve Wilson v. The City of Lawton, a
municipal corporation, and Gilbert Schumpert, Case No. CIV-99-2104, in the United
States District Court, Western District of Oklahoma, and if necessary, take appropriate
action in open session. Exhibits: None.
34. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss the case styled Richard Crudup v. Darrell Southerland, et
al., Case No. CIV-99-1428-R, filed in the United States District Court for the Western
District of Oklahoma, and if necessary, take appropriate action in open session.
Exhibits: None.
35. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss the case styled Darvan S. Patrick v. City of Lawton, et al.,
Case No. CIV-99-917-C, filed in the United States District Court for the Western District
of Oklahoma, and if necessary, take appropriate action in open session. Exhibits: None.
36. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss the pending damage claim of Rebecca Thompson against
the City of Lawton, and if necessary, take appropriate action in open session. Exhibits:
None.
37. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening
in
executive session to discuss the possibility of filing a case against Walter Young on a
CDBG rehabilitation loan, and if necessary, take appropriate action in open session.
Exhibits: None.
MOVED by Warren, SECOND by Smith, to convene in executive session to consider the
items so listed on the agenda and recommended by the legal staff. AYE: Smith, Hanna,
Devine, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. MOTION CARRIED.
The Mayor and Council convened in executive session at approximately 9:10 p.m. and
reconvened in regular, open session at 10:40 p.m. with roll call reflecting all members
present except Beller.
Vincent said on Item 29, the Mayor and Council convened in executive session to
discuss the pending investigation of the landfill, at which time a short briefing was
received, and no action is required at this time. Vincent reported on Items 30 through 33
stating executive session was held as shown on the agenda; he read portions of the
agenda titles and stated no action is required. Vincent reported that Items 34, 35 and 36
were stricken.
Vincent reported executive session was held regarding Item 37 to discuss the potential
of filing a case against Walter Young on a CDBG Rehabilitation Loan. He requested a
motion to authorize the City Attorney's Office to file a foreclosure action.
MOVED by Devine, SECOND by Smith, to authorize the City Attorney's Office to file a
foreclosure action against Walter Young on the CDBG Rehabilitation Loan. AYE:
Devine, Purcell, Shanklin, Haywood, Warren, Smith, Hanna. NAY: None. MOTION
CARRIED.
There being no further business to consider, the meeting adjourned upon motion,
second and roll call vote at 10:45 p.m.
STATE OF THE CITY - 1999
My Fellow Citizens and Councilmembers:
As your Mayor, it is my pleasure to present the "State of the City" address at this time.
Section C-2-2 of the City Charter requires that the Mayor shall annually provide such an
address.
Please allow me to first express my thanks to the Lord, who has given me the
opportunity to serve as your Mayor. I would also like to thank my wife and family, who
are always a source of strength and support. In addition, I must certainly recognize the
efforts of the City Council, City Manager, City staff and employees, who deserve credit
for the progress made by the City in the past year.
1999 was a year of great accomplishment for the City of Lawton. In 1999, a phrase was
developed for the City's successful five (5) year Capital Improvements Program – "A
Community of Unity." This phrase is symbolic of the teamwork that is required by all
segments of the community to address the needs of our community. I believe that this
theme of "A Community of Unity" is the bridge that will carry Lawton into the new
millennium, with faith, hope and enthusiasm.
Let's pause and reflect on the accomplishments of the past year and consider our goals
for the future:
2000 Capital Improvements Program (CIP) Election.
Possibly the most significant accomplishment of the year was the overwhelming
passage of the $71.4 million 2000 Capital Improvements Program (CIP). The passage
of this CIP is a historic effort in community cooperation, including not only the City of
Lawton and the Lawton Public Schools, but all segments of the Lawton-Fort Sill
Community joining together to address critical needs. The voters agreed that all of the 4
ballot items in the CIP are essential to the growth and prosperity of the Lawton-Fort Sill
community. This CIP program consists of an estimated $45.5 million of projects funded
by sales tax and $25.9 million of projects funded by ad valorem (property tax).
To briefly summarize, the 2000 CIP includes:
PROPOSITION NO. 1 (SALES TAX)
Medicine Park Water Treatment Plant Project (cost $13,000,000 together with
$17,000,000 to be provided by ad valorem tax backed bonds - see proposition No. 2)
Water Pump Station #1 Expansion (cost $500,000)
Water Distribution Replacement/Expansion (cost $4,300,000 together with $3,000,000
to be provided by ad valorem tax backed bonds proposed in proposition No. 2)
(Greer Addition) 34th Street/Drainage Project (cost $3,500,000)
Landfill (cost $5,000,000)
Eastside Park and improvements to other City parks (cost $1,500,000)
Flower Mound Road Matching Funds (Cost $2,800,000)
Gore Boulevard Matching Funds (cost $1,500,000)
Construction of a new Central Junior High School and other LPS District No. 8
improvements (cost $12,200,000)
Economic Development (cost $1,200,000)
PROPOSITION NO. 2 (WATER SYSTEM IMPROVEMENTS)
Medicine Park Water Treatment Plant Project (cost $17,000,000 together with the
$13,000,000 funded by sales tax above in proposition No.1)
Southeast Water Treatment Plant (land, easements, design - cost $3,000,000)
Water Distribution Replacement/Expansion (cost $3,000,000 together with $4,300,000
funded by sales tax in proposition No. 1)
PROPOSITION NO. 3 (STREET IMPROVEMENTS)
NW 38th Street Matching Funds (cost $1,600,000)
PROPOSITION NO. 4 (FIRE STATION IMPROVEMENTS)
Relocation of Fire Station No. 5 (cost $1,300,000)
Without a broad-based community-wide support, passage of all of these propositions
would not have been possible. As the headlines of the Lawton Constitution on
November 10, 1999:
"All four proposals pass by landslide margins"
The vote was as follows:
Proposition 1:
Yes 6,392 63.5%
No 3,669 36.5%
Proposition 2:
Yes 6,800 67.6%
No 3,257 32.4%
Proposition 3:
Yes 6,432 64.6%
No 3,524 35.4%
Proposition 4
Yes 6,470 64.9%
No 3,498 35.1%
I would like to also point out that many capital improvement construction projects were
initiated or completed during 1999. Some of the long-awaited projects that were
underway during the year include 67th Street, 82nd Street, and the B-1 drainage
detention reservoir.
Reduction in the Crime Rate.
One of the fundamental purposes of local government is to protect, and preserve the
public health, safety and welfare. The safety of our citizens is vitally important to elected
officials.
I am very pleased to report to you that for the third straight year, Class 1 Crimes have
decreased. Class 1 Crimes were down by a total of 807 or 14.4% in 1999 than in the
previous year. Further, I am extremely proud of the fact that Class 1 Crimes were down
by a total of 2552 or 34.7% in 1999 as compared to 1996. I would like to recognize the
efforts of Police Chief Bill Adamson and all of the hard-working officers and employees
of the Lawton Police Department for making the Lawton-Fort Sill Community a safer
place to live and work.
Sewer Rehabilitation Program.
The City is faced with a $62 million mandate from the federal government for the
rehabilitation of the sewer collection system. In March of 1999, the City began
construction of Phase 1 of this Sewer Rehabilitation Program, which is expected to last
seven (7) years. These improvements are funded by a $2.35 fee on the utility bills. Two
(2) additional seven (7) year phases are planned to follow.
The City evaluated the cost of contracting out these improvements as compared to
performing the work in-house. After careful examination of these alternatives, the City
chose to perform the improvements in-house at a saving of $2 million for each phase, or
a total of $6 million for the entire project.
Further, I am very happy to report to you after one year of operation of the program,
savings are greater than anticipated. In addition to the $2 million of savings projected
for performing these services in-house, the City has realized the following savings over
projections:
Engineering Costs:
Original proposal $790,489.00
Actual $602,209.00
Savings $188,280.00
Construction Costs:
Original proposal $ 6,300,597.00
Actual 5,133,589.00
Savings $ 1,167,008.00
Equipment Costs:
Original proposal $ 1,927,400.00
Actual 1,863,909.00
Savings $ 63,491.00
TOTAL SAVINGS OVER ORIGINAL PROJECTIONS $ 1,418,779
Cooperation with Fort Sill.
The City continues to enjoy an outstanding working relationship with Fort Sill. Many
people have commented that the relationship between the City and Ft. Sill should serve
as a model for other cities and military installations in the country. Some examples are
as follows:
We are proud to have Lt. Col. Jeff Ewing serve as an ex-officio member of the City
Council. This allows Col. Ewing an opportunity to have first-hand knowledge of the
activities of the governing body, as well as reporting significant matters from Ft. Sill to
the City Council. Additionally, the Assistant City Manager of the City serves as liaison to
Fort Sill.
Fort Sill and the City have a consolidated E-911 and communications center.
Fort Sill is actually within the Lawton City Limits and is, therefore, literally part of our
community.
The new Lawton/Fort Sill Recycling Program is providing recycling collection sites at
three (3) locations within the City of Lawton. One of these recycling modules was
provided by Fort Sill, which also collects the recyclables on a regular basis.
Fort Sill continues to work closely with the City and County on emergency management
matters.
The Lawton-Fort Sill Co-op is stronger than ever. The co-op partners "team up" on
projects to benefit the community as well as compete, and get to know one another in
the "sports weekends" twice a year in spring and fall.
In 1999, former Post Commander MG Baxter authorized the new incoming Garrison
Commander Robert Cline to serve an internship with the LCCI and, later, the Mayor and
City Manager’s Office of the City of Lawton. This allowed the new Garrison Commander
a unique introduction into the community and enhanced the working relationship
between the entities.
Implementation of the Amber Alert.
The "Amber Plan" or "Amber Alert" originated in the Dallas/Fort Worth Metroplex
as a
cooperative effort between the 27 radio stations in Dallas/Fort Worth and local law
enforcement agencies to help save missing, abducted or kidnapped children. The Plan
calls for law enforcement agencies to provide radio stations with an alert upon the
immediate confirmation of a child abduction/kidnapping. All participating radio stations
will break programming to broadcast the alert and any subsequent information provided
by the police.
The name "amber" become associated with the plan when in Dallas/Fort Worth when a
concerned citizen suggested the name following the abduction and murder of 9 year old
Amber Hagerman.
On May 26, 1999, on behalf of the City, I conducted a news conference to announce the
implementation of the "Amber" plan. The decision for the City of Lawton to implement
this plan was made in order to be proactive in the event of abduction or kidnapping of a
child.
Economic Development
The Lawton-Fort Sill Community continues to be very competitive in the area attracting
new industry as well as efforts to retain and expand existing industry.
Of course, two major stories of the year were the completion of the new Republic
Paperboard Plant in Lawton and the announcement of the Crusader Weapons System
facility in Elgin.
According to the Lawton Fort Sill Chamber of Commerce and Industry, 2118 new or
expanded jobs have been added to the area economy in the last 3 years:
I want to express my appreciation to the Lawton Fort Sill Chamber of Commerce and
Industry, the Great Plains Technology Center, and Cameron University as well as utility
companies such as PSO and Southwestern Bell for their efforts in advancing economic
development of our community.
In addition to our economic efforts, we should also recognize the impact on our local
economy that the numerous events and conventions have added during the year.
Environmental Concerns.
Recycling.
The Mayor's Task Force on Recycling and Composting was appointed to study the
feasibility of recycling and composting. This committee studied all of the alternatives and
recommended that the City enter into a "joint and cooperative community recycling"
agreement with Fort Sill. In July of 1999, the City and Fort Sill entered into an
agreement that provided for three (3) community recycling collection modules would be
located in the City. Fort Sill agreed to provide one of those modules and the City the
other two. Fort Sill is providing collection service at no charge in exchange for the
proceeds from the sale of recyclables. We have been very encouraged by the
acceptable and participation of the community in this program.
Brownfields
The City has applied to the US Environmental Protection Agency (EPA) for a brownfield
grant in the amount of $250,000. The EPA defines brownfields as "abandoned, idled, or
under-used industrial and commercial facilities where expansion or redevelopment is
complicated by real or perceived environmental contamination." The City has recently
conducted a brownfields survey for the United States Conference of Mayors. This
survey identified certain areas in the City as brownfields. The EPA has developed a
grant program referred to as the Brownfields Assessment Demonstration Pilot, which is
part of the Brownfields Economic Redevelopment Initiative. Brownfields assessment
pilot grants are (funded up to $200,000 over two years) for environmental response
activities preliminary to cleanup, such as site assessment, site identification, site
characterization, and site response or cleanup planning and design for sites
contaminated with hazardous substances. An additional $50,000 may be awarded to
assess the contamination of a brownfield site(s) that is or will be used for greenspace
purposes.
The latest word that we have received on this grant application is that the EPA may be
announcing successful grant recipients by the later part of this month (April 2000).
The Year 2000 (Y2K).
Although everyone knows that the Y2K calamity predictions were obviously blown well
out of proportion, the staff of the City’s Information Services Department, under the
leadership of Doug Wells, was able to make all of the Y2K conversion "in-house" without
relying on expensive outside consultants.
Quality of Life
Lawton is very fortunate to have the many organizations that assist in enhancing our
quality of life. A partial list of these include:
The McMahon Foundation
The Museum of the Great Plans
The Percussive Arts Society Museum
Lawton Community Theatre
Lawton Philharmonic Orchestra
Lawton Ft. Sill Art Council
Cameron University
Lawton Parks and Recreation Department
Lawton Arts and Humanities Council
Arts for All Festival Committee
Oklahoma Arts Council
International Festival Committee
Now I would like to share with you some of my concerns and goals for the future:
Customer Service.
I believe that in many respects the City has made significant strides at being a more
responsive and "user friendly" organization. However, as I have stated many times
before, the City Manager and I will continue to place a high priority on treatment of
citizens as "customers" and expect professional, efficient, and courteous treatment for
all citizens. In local government, we are the level of government that is closest to the
people. In the daily performance of our duties, we must expect that city personnel truly
exemplify what it means to be a "public servants."
Building development.
In the past I have expressed my concern that the City's building development
regulations are perceived by the development community (local contractors, developers,
and builders) as being an obstacle to growth and economic development. I am pleased
that progress has been in streamlining the building development process. I would like to
recognize the efforts of our City Manager, staff and the Mayor's Building and
Development Task Force for their efforts in reviewing policies, procedures, and codes
related to building and development. I strongly encourage these efforts to continue, and
I know that the City Manager is committed to removing any unnecessary impediments to
the growth and development of our community.
Crime.
I am extremely proud of the fact the crime rate has been reduced by 34.7% from 1996
to 1999. I intend to stress that we continue to address crime and the safety of our
community as priority matters for this administration.
Sewer Rehabilitation Program to serve as a model.
I believe that the example for cost savings and efficiency set by the City's Sewer
Construction and Sewer System Technical Divisions in the Sewer Rehabilitation
Program should set a "model" or "standard" for other city projects and programs
to
follow.
Economic Development.
Several organizations are doing a good job at economic development in the community,
and should be recognized for their efforts. The time has come that these organizations
come together under one umbrella and develop a definite plan for economic
development. I am issuing a challenge for the organizations to consolidate their efforts
and present a consolidated economic development plan within the next six (6) months.
Mass Transit.
The issue of mass transit has been bantered about for many years. The need for public
transportation has been identified as one of the greatest need of the community. The
time has come that the voters should decide this issue once and for all.
Explore ways to maximize City resources.
I would like to explore and investigate ways to save taxpayer funds and maximize City
resources. Some examples of this could be:
create a central motorpool of city equipment
implement an energy conservation program
Explore Funding from Washington.
U.S. Senator Jim Inhofe has committed that the City will receive $5 million for our sewer
rehabilitation program in the federal authorization bill this year. Recently, regarding the
appropriation of these funds, Senator Inhofe told the Lawton Constitution that:
"Now it will go to the appropriators, and I already have a commitment that (the money) is
going to be there. We will have it."
We need to continue and intensify this effort in Washington. To this end, the City has
retained the services of a legislative consultant, Mr. John Reskovac. Mr. Reskovac
grew up in Lawton and we expect his assistance will be very helpful to the City.
Intergovernmental or inter-agency cooperation.
As a "community of unity" we should continue to explore issues that we can work
cooperatively with other entities on, such as Comache County with the City-County Jail
and Joint 911 dispatch.
Environmental
As I have stated before, I would like to see a cleaner, more environmentally conscious
city. I am proud of the steps that have been taken on community recycling, and hope
that this lays the groundwork for an expanded program in the future.
I am concerned about the amount of litter in our community. I encourage all citizens to
take pride in our community, and ask for your help in cleaning up our city. To this end, I
am proud to announce that the Lawton-Fort Sill community will participate in the
Oklahoma Department of Transportation's 12th Annual statewide TRASH-OFF on
Saturday, April 15, 2000 from 8:30 until 11:30 a.m.
The purpose of the Trash-Off is to create competition among the communities to
encourage volunteerism, as well as pride among citizens in creating a cleaner city and
state.
The Lawton Fort Sill Co-op Executive Committee has designated the Trash-Off as a Co-op project to benefit
the community and encourages all Co-op partners, including Ft. Sill,
City, Chamber of Commerce members, civic groups, neighborhood organizations,
churches, Adopt-a-Street groups, businesses, etc. to participate in the Trash-Off.
I would also like to recognize the efforts of the Lawton Environmental Concerns
Committee, which will again this year celebrate Earth Day. In recognition of Earth Day,
the Committee will once again sponsor household recycling collection on April 15.
Additionally, the City will be conducting a 2 week Spring Clean-up Campaign 2000, April
17 - 28, 2000.
Although I am very proud of these activities, the challenge that I issue to each and every
citizen of this community is to strive to make recycling and litter abatement an everyday
activity, rather than a seasonal or occasional event.
Contract with Lawton Firefighters.
One of my disappointments of the year was that the City was unable to reach a contract
agreement with the Lawton Firefighters. Thus, the matter had to be decided by a vote
of the people. It is my sincere hope that this year the collective bargaining between labor
and management will result in an amicable agreement between the parties.
Youth at Risk
Much has been said about the need to reverse the trend of adverse behavior of a large
segment of youth in our community. I have established a Task Force, which involves
the schools, parents, community leaders, and clergy to address this critical matter. I
look forward to updating you with developments at a later time.
Continue to promote our lakes and Wichita Wildlife Refuge.
We must be able to promote tourism and maximize the potential of our lakes and
Wildlife Refuge, while at the same time preserving the safety of our water supply.
1999 was certainly a year of much excitement and accomplishment in Lawton. I have
enjoyed the opportunity of working with a fine City Council, City Manager, and
employees as well as a group of citizens that I am proud to serve. I would also like to
recognize the efforts of an outstanding group of volunteers that are appointed to serve
on the various boards, commissions, committees and task forces for the City.
Now, as we conclude the final year of this century, we are faced with many challenges
as we embark on a new millennium. As your Mayor, I am proud to tell you that the State
of our City is excellent. I will also tell you that we can do better. My philosophy for
the
future of the City can be conveyed in five (5) words: "why not be the best?"
Thank you for giving me the opportunity to serve as your Mayor. I consider it an honor
and privilege to serve you. Good night and God bless each of you.
Cecil E. Powell, Mayor