MINUTES

REGULAR MEETING

LAWTON CITY COUNCIL

FEBRUARY 27, 2001 - 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

            LTC Anthony Puckett, Fort Sill Liaison

The meeting was called to order at  6:20 p.m. by Mayor Powell. Notice of meeting and agenda were posted on the City Hall bulletin board as required by State law.

ROLL CALL

PRESENT:        G. Wayne Smith, Ward One

        James Hanna, Ward Two

        Glenn Devine, Ward Three

        John Purcell, Ward Four

        Robert Shanklin, Ward Five

        Barbara Moeller, Ward Six

        Stanley Haywood, Ward Seven

        Michael Baxter, Ward Eight

ABSENT:        None.

PRESENTATION OF STATE OF THE CITY ADDRESS BY MAYOR POWELL

The State of the City address is included in its entirety as an attachment to these minutes.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR MEETING OF FEBRUARY 13, 2001.

AUDIENCE PARTICIPATION:   None.

BUSINESS ITEMS:

1.    Consider waiving Council Policy 1-6, Rules of Procedure, paragraph 5E, and direct staff to negotiate a contract for the relocation of Fire Station #5 at the Fairway Villa location. Exhibits: None.

Mayor Powell said Purcell asked that Item 2 be considered prior to Item 1 and asked Council's desire.  Shanklin asked the reason and Purcell said if Council discusses and votes on Item 2, there would not be a need to consider Item 1. Item 2 was considered at this time.

2.    Consider authorizing the City to accept and approve the Contract for Sale of Real Property for the purpose of property for Fire Station #5 and authorize the Mayor and City Clerk to execute the contract. If not accepted, take action to provide direction to City staff on alternatives. Exhibits: Contract for Sale of Real Property.

Vincent said the proposed agreement was presented to the Dunbar family who employed an attorney. He said the Dunbar's proposed numerous changes to the agreement, but the only one of major concern was the City's proposal for the $75,000 to include the mineral interests on the approximately 8.7 acres being purchased, and the Dunbars want to keep the mineral interest. Vincent recommended approval of the agreement.

Moeller said just before the last meeting when this was pulled for some reason she received a letter from a firefighter, and she read the letter as follows:

"This gentleman is currently residing in Ward 8. I am also a lieutenant stationed at fire station 5, and I am a ten-year veteran of the fire department. I would greatly appreciate it if you would take a minute of your time to read this letter.

Being a member of the fire department and working out of station 5, I have concerns over the proposed location for the new fire station. I attended the January 18th council meeting and listened to numerous arguments about statistics and distances. You know as well as I do that statistics can and do get manipulated by both sides to strengthen and weaken negotiating points. My self and my crew were involved in compiling some of these statistics. One of these statistics that I feel has been overlooked I would like to point out to you now.

Engine 5 currently covers the area between 38th Street and Sheridan Road from Gore to F Avenue. Many of the statistics mentioned at the January 18th council meeting involved the percentage of runs north and south of Gore. The area mentioned above contained the largest percentage of those runs south of Gore. The reason I bring this to light is if the new station goes in at the proposed location south of Gore, the response route will still have to go through the intersection at Gore at 52nd Street. According to the responses made last year, this will mean over 80% of engine 5's responses will have to go through that intersection. I compiled these statistics myself and I know them to be true.

My second and biggest concern is something that I feel has been grossly overlooked by both sides in this decision. I heard Mayor Powell himself bring up the argument of distances between stations. I also realize there is little difference between moving the station a half mile north or south of Gore. When determining the best route for a fire truck to respond, distance traveled is not as big a concern as the obstacles that must be overcome while in route. If the station were to go in at the proposed site north of Gore, the distance to the intersection would be no different than if the station were to go in at the site south of Gore. The difference is the road north of Gore is a three-lane road providing not good, but adequate room to manipulate a fire truck down while responding. If the south site is chosen then over 80% of the responses will have to go north of the station to the intersection of 52nd and Gore. This road is a narrow two-lane road lined by bar ditches on both sides. This road was put in during a time when traffic conditions were much lighter than they are today. As you know, this road runs parallel with the  Eisenhower Schools which means all responses north of the station would have to run through the school zone. This in itself creates a problem, but the part that is being overlooked the most is the traffic that has to be avoided in the school zone during certain times of the day. During morning and afternoon hours when school is beginning and ending, and during lunch time hours, traffic can back up as far south as the railroad tracks and a large amount of pedestrian traffic from the schools can be seen crossing the roads. Also, this road is bottle necked on the north end by a concrete median that divides the road. During my ten years of riding fire trucks in Lawton I have learned that when you turn the lights and sirens on, drivers rarely do what they are supposed to do. A driver's first reaction when they see a fire truck is to stop where they are forcing the truck to go around. Some will pull to the right as the law states they should do. The ones of greatest concern will panic performing acts with a vehicle I never thought were possible.

During these high traffic times on a road that was designed for light traffic, this road will be nearly if not totally impassable. On a two-lane road such as this, vehicles will have no place to go and neither will the fire truck during emergency situations where time is a valuable commodity. Much of this traffic will involve young drivers being put in pressure situations that most experienced drivers don't handle well, and a large amount of pedestrian traffic (your kids and mine) that will be subject to the reactions of these young drivers. In my opinion, this is a formula for disaster. It will be a matter of time before one of these young drivers reacts badly injuring a young child walking to and from school. It will also be a matter of time before the fire truck will get delayed or stopped completely on a response. I don't need to explain what the consequences of this can be.

I respect your desire to save the taxpayers of this city their hard earned money, but I also feel that this is a time when money is but a minor issue in a much larger scenario. I have nothing to gain personally no matter where the station is placed. My concern is for the citizens I work for and represent as a member of the fire department. Please take the time to consider these concerns I have placed before you and whether or not they sway your opinion in any way I would greatly appreciate it if you would present this letter to the mayor and other council members before any decisions are made."

Baxter said that letter was actually sent and addressed to him, and that he had spoken with the gentleman on the phone about all of the issues. He said there are some statements in the letter which the writer says to be true that he (Baxter) knows to be not true. Baxter said if the fire station is placed at the south location, it does not have to exit to 52nd Street for every call; there is a back exit to that eight acres at the intersection of SW 45th Street and Cherokee Boulevard. He said if the fire truck is to go east, it will not have to go to 52nd Street and cross the intersection at 52nd and Gore.

Baxter said the 1995 study suggested that Fire Station 5 be moved to the north but it was a two-part study and also stated that Fire Station 2 should be moved back to its original location at 17th and Lee.  He said he was told by the Fire Department that Fire Station 2 has to be left at the Airport. Baxter said the recommendation to move  Fire Station 5 to the north one-half mile was only if Fire Station 2 was to be moved to 17th and Lee. He said there is a major coverage problem southeast of Fire Station 5's current location.  Baxter said the 1995 report shows that 63% of all calls went to the north but that is now down to 52% according to the new report, which is an 11% decline in five years. He said if we are to plan for the future, we should plan five more years down the road because it may decline another 11% and then we would be going south more than north. Baxter said there are more calls answered to the southeast than any other direction from this station according to the new report. He said he felt strongly that the station should be moved to the south.

Devine said he had nothing to gain by the fire station being moved either to the north or south. He urged Council to think about why the fire station should not be left in its present location and rebuild it right there. Devine said the intersection allows for any direction of travel needed, and the estimated cost would be minimal to rebuild it right behind where it is now and tear the other one down.

Purcell said there were two recommendations in the 1995 fire study, one to move Station 2 from the Airport to 17th and Lee and the other was to move Station 5 to the north, but one was not contingent on the other. Purcell said the numbers that were quoted tonight were the numbers he had asked for, and there were 188 runs from Station 5 during December 2000 and January 2001. He said statements were made that numbers from the study were too old so he was curious if something had changed over the last two and a half years, and over 50% are still going north of Gore. Purcell said when you look at the 98 runs that went north of Gore and 90 that went south of Gore, if the fire station during the months of December and January were located to the south, 72% of those 188 runs would have to go north on 52nd Street through the intersection of Gore and 52nd, through the two school zones that the fire officer was talking about in his letter.

Purcell said he was concerned about safety and that it had no impact on him on the east side of town and he had nothing to gain; the fire department had nothing to gain and they would get a new fire station whether it was north or south or in the same spot. He said the fire department personnel are the experts,  we rely on them to provide that service and pay them for that.

Purcell said when we did the CIP issue in 1999, those who went out and talked at various locations, we took with us what we were going to do with the CIP and where we were going to build Fire Station 5. He said he had it with him tonight if anyone wanted to look at it, it was in the paper, we took ads out in the paper and we told the people we were going to build that fire station north of its current location in accordance with the OSU study. Purcell said we also told them that we were going to build a new school where it is being built now; it was not in the vote or the proposition but we told them where we would build it and that is where it is being built, and that Shanklin would go through the roof if it would have been built somewhere else. He said this is an example of why we are not trusted; we tell people what we are going to do, ask them to vote, they vote, and then we sit up here and change it.

Purcell said he would say one thing that people would get upset over; we were going to build it north all along. He said everyone was in on a meeting, except for three people who were not on the Council at that time, and one day the Council was told out of the blue we need to buy the land south, that was the first time they had heard it, and they did not know what it was or who owned the land. Purcell said they were later told how much the Dunbars would take for the property, between $70,000 and $80,000, and they are willing to take $75,000. He said we are talking about the difference between $75,000 and $350,000 or $340,000, so we are talking about $260,000 over a 25 or 30 year life or longer of that fire station and that is not much to pay per year for safety.

Purcell referenced figures provided last time by the Mayor and Baxter. Mayor Powell said he did not bring Council any figures and he had never compiled any figures. Purcell apologized. Purcell said there were numbers given to Council at the last meeting. Mayor Powell asked that the record clearly state that he did not bring any.

Purcell said numbers were given to Council at the last meeting that show the population projection in the 2025 Plan and Council got copies. Mayor Powell said he did bring Council that. Purcell said even the numbers in 2025 still show that 73% of the population and 72% of the buildings are north of Gore; we hope it will build to the south and we should plan to build a fire station south somewhere to serve the population that will eventually be there.

Purcell said there was a candidate at the forum last night who was asked a question, and he did not know much about it but he was asked where the fire station should be built, and he indicated it should be located where safety was provided for the largest number of citizens and the shortest response time. He said this is a citizen who is running for City Council and to not locate it somewhere for political purposes. Purcell said we need to vote our conscience and do what is best for the majority of the citizens. He said a minute is not very long unless it is your house that is on fire or your loved one is suffering a heart attack. Purcell said he would not support buying the land to the south.

Haywood asked Purcell what time most fires happen, during the day or night. Purcell said he did not know but would assume most fires happen at night, but the majority of the runs are not for fires but for emergency runs, and those happen all day long.

Shanklin said he has coffee with the man who owns the property north of Gore three or four times a week. He said he told him he could not support buying his property because he did not think that was the place to put the fire station and the man said do not worry about it, vote your convictions, and Shanklin said he intended to do that. Shanklin said if you move north one-half mile you are super saturating that area. He said on the east side of town a truck would have to drive six and a half miles to provide back up but Purcell was not concerned about that. Purcell said he would be glad to have another station. Shanklin said if he was going to build one, it needed to be built on the east side first.

Shanklin said he certainly agreed if you did not move the station from the Airport to 17th and Lee to an arterial that they did not intend for you to move Station 5 north, it is in the same paragraph, it did not say "and" or "about", it mentions them both at the same time. He said he did not know how the fire truck could get out of the station on 82nd Street, and provision should have been made to house those people in a different area.

Shanklin said someone has to be first and someone has to be last, and there are inequities but we cannot build a fire station on every corner. He said if there are going to be only 8,000 people in the next 25 years moving in to the southeast, he did not see building a fire station for 8,000 people when this one will cover it. Shanklin said his conviction was that he would not vote to move it to that particular site to the north, and might consider it if there was a better spot, but you would still be saturating the one area and leaving others less coverage.  He said trucks should not be sent on calls that were not important. Shanklin said he liked Devine's idea and that the existing building at 52nd and Gore is structurally sound, he knew how it was constructed and sold the steel on the job; it was built on a floating slab and the walls go every direction, but we have a lot of money and told the taxpayers we needed $1.3 million but we really did not tell them and the Council really did not know any of these things on this map. He said we never went into any of the slots as to why we needed it to the north and only went on the study and read only the first sentence, forgetting the second one.

Devine asked if he could legally make a motion to table this and have a study on 52nd Street and Gore. Vincent said a tabling motion can be made at any time.

Mayor Powell asked to be able to make a statement before a second was offered so he could defend himself. He said first of all the statement, just out of the blue it came out that somebody said let's take it south and bought the property. He asked if Purcell was trying to implicate him in something. Purcell said he did not say who it was and the Mayor could feel free to defend himself. Mayor Powell said he did not need that permission. Purcell said everyone on the Council knew who it was that brought up that proposal. Mayor Powell said Purcell was going to make sure everyone else knew it too. Mayor Powell said he wanted to clear the air, that he owned property at 52nd and Lee, and moving the station one-half mile north did not help or hurt him one way or the other, response time is fantastic either way it goes, and this has turned political but not by him. Purcell said he never suggested or said that.

Mayor Powell said on the pamphlet laying on his desk right now where they went and spoke to the people about the CIP program, the pamphlet does not tell you a location and there may be something in the paper but the pamphlet does not say a location. He said he made many, many meetings and never did he commit any whatsoever about that fire station going to be located north of Gore Boulevard. Mayor Powell said he read with interest in the Lawton paper a few days ago when they did the study on the mandate on the sewer system, they used the 2020 Land Use Plan to work further on designing the sewer system and it baffled him that we do not want to pay attention to any land use plan in preparation for a fire station but the Council persons back then thought it was a great idea and they followed it.

Mayor Powell said it really bothered him because on the report, and he asked for the report and for a cover letter to the report, and the first thing that it says, the first words that it uses are response time/travel time. He said if you are four and a half miles away from the nearest fire station to the southeast and you move it a half mile north, you are then five miles away and you are destroying the two things the study is built on, response time and travel time. Mayor Powell said if you move it north, you are 2.1 and 2.3 miles to the closest stations on 82nd Street and also on Cache Road; it does not take a scholar to figure that out. He said it also bothered him that they never heard anything about the second recommendation in the report and he hated to bore Council but he thought they needed to see what it said. Mayor Powell said "based upon the four or five minute travel time data, it is recommended that station five be relocated approximately one-half mile north of its current location along and adjacent to 52nd Street, paragraph, sentence, it is further recommended that station two be relocated back to its original facility, and the location is inappropriate here because it says 11th Street and it should say 17th and Lee Boulevard. Failure to do so leaves a fairly large area of developed and undeveloped land outside the travel time perimeters. This recommendation does not suggest that FAA curtail criteria for airport response to be met from 11th and Lee Boulevard. It focuses purely on the importance of providing appropriate level of fire and emergency medical service to residential and commercial areas along and north and south of West Lee Boulevard. The current location of station two is severely limited by the inaccessibility to the east and west arterial streets."  Mayor Powell asked why they had just been getting one side of the report and the study says if they do go a half mile north, then you need to move the other station and put it back where it used to be to keep the movements somewhat appropriate; we have never heard that as we heard the presentations that were given, not one time. He said after you read that to people who call, they understand it.

Devine said the Mayor made a good point and that he would restate his motion.

Devine said this would solve everybody's problem of whether to move it north, south, east, or west; the response time would be identically the same as it is now, there would be no one hurt in either direction, the fire station will stay there, station two could stay at the airport, and it seemed that would totally end all of the arguments and controversy about going north or south.

Mayor Powell asked Devine if he was making a substitute motion and Devine said yes. Mayor Powell asked if the substitute motion was to table this and have a study of what it would cost to build the station at 53rd and Gore, in its current location. Shanklin said you do not have any money, you cannot use these funds.

VOTE ON SUBSTITUTE MOTION: AYE: Smith, Hanna, Devine, Purcell, Moeller. NAY: Baxter, Shanklin, Haywood. SUBSTITUTE MOTION CARRIED.

Mayor Powell asked Purcell what he wished to do with Item 1. Purcell asked that Item 1 be stricken and Mayor Powell said that would be done.

3.    Hold a public hearing and consider a resolution amending the 2020 Land Use Plan from Residential-Multi Family to Commercial and Office and an ordinance changing the zoning from R-4 (High Density Apartment District) to P-O (Professional and Office District) zoning classification located at 2302 NW 20th Street. Exhibits: Resolution No. 01-22; Ordinance No. 01-08; Map; Applications; Site Plan; CPC Minutes; Land Use Map and Zoning Map.

Bob Bigham, City Planner, said the requested area is located at 20th and Williams on a 70' x 128' lot. Zoning of the surrounding area is R-4 to the north and south, C-5 general commercial to the west and R-1 single family to the east. Proposed use is a professional office. There is a single-family house on the site and it will be converted to a professional office. The Planning Commission reviewed the request on January 25 and recommended approval.

Bigham said the professional and office is the most restrictive commercial zone and it has additional set back, screening and landscaping requirements that other commercial districts do not have. He said in converting existing structures to commercial use, additional information is needed to insure that the additional code requirements will apply. Bigham said during the review, there was a requirement that will be looked at during the building permit review time that an additional fire hydrant will be required. He said 38 property owners were notified within the requested area and proper notice was published in the newspaper. Staff has received no calls either for or against the request.

PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.

(Title only)                                          Resolution No. 01-22

A resolution approving an amendment to the 2020 Land Use Plan for the City of Lawton from Residential Multi-Family to Commercial and Office located at 2302 NW 20th Street.

(Title read aloud)                               Ordinance No. 01-08

An ordinance changing the zoning classification from the existing classification of R-4 (High Density Apartment District) to P-O (Professional and Office District) zoning classification on the tract of land which is hereinafter more particularly described in Section One (1) hereof; authorizing changes to be made upon the Official Zoning Map in accordance with this ordinance.

VOTE ON MOTION: AYE: Smith, Devine, Purcell, Shanklin, Moeller, Haywood. NAY: None. OUT: Hanna, Baxter. MOTION CARRIED.

4.    Consider a resolution closing SW 5th Street between SW "C" Avenue and SW "D" Avenue for construction purposes as requested by the Comanche County Board of Commissioners. Exhibits: Resolution No. 01-23; Location Map.

(Title only)                                                      Resolution No. 01-23

A resolution temporarily closing SW 5th Street between SW C and SW D Avenue for construction purposes and not to exceed a two (2) year period.

Mayor Powell asked that Item 6 be considered at this time due to persons in the audience interested in the item. Council agreed.

6.    Consider adopting an ordinance amending Section 5-1-101, Chapter 5, amending Sections 5-1-114 through 5-1-119, Chapter 5; and amending Sections 5-5-501 through 5-5-503 and 5-5-507, Chapter 5, Lawton City Code, 1995, relating to animals; providing for severability; and providing an effective date; and consider adopting a resolution adding fees and deposits. Exhibits: Ordinance No. 01-09; Resolution No. 01-24.

Smith said we worked long and hard on this ordinance and the first thing they established was the necessity and intense need for education. He said the task force met six times and many of those persons are in the audience now. Smith said the ordinance does not please anyone 100% but everyone has agreed to it; it is a vehicle by which they can raise money to build an education fund.

Vincent said a change was needed to the resolution, Section 5-118 regarding neuter/spay deposits for each dog or cat released from impoundment. He said it should say neuter/spay deposits for each dog or cat released from a "third or subsequent" impoundment, to be consistent with the ordinance and other language, and it is for clarification. Smith and Haywood asked that the change be included in the motion.

Shanklin said the fee for an altered animal, third time out, is $80, and the fee for an unaltered animal, third time out, is $100. He said the unaltered animal is the one we are trying to keep off the streets, and the $80 for an altered animal was too high.

Smith said one of the veterinarians said that 80% of the animals running at large are those that are in heat, but the purpose of the stiff fines is for the continued, repeat offenders. He said if you have been walking a dog and been attacked by dogs on more than one occasion by the same dog, it becomes a real problem. Shanklin agreed and said the altered animals are more docile, or at least his have been. Shanklin suggested the second impoundment for an altered animal be $20 and the third and subsequent impoundment be $40, and that people would get the message with that but not just leave their animal at the shelter.

Smith asked for a show of hands from the task force members present with regard to Shanklin's suggestion. Shanklin said he would agree to withdraw his suggestion due to those in the audience not being in favor of it.

Devine said some dogs are escape artists and when you charge the owner $80, they will have their dog put to sleep at the shelter, and it is penalizing those who are trying to do right by having their dogs neutered or spayed. Comment was made that the first time was free. Devine said $80 is very expensive and he has two dogs that get out pretty regularly although he had done everything he could to keep them in, and that he could not pay $160 to reclaim two dogs. He said they are guard dogs, would not bite anyone, but they are big and very intimidating, and he paid $40 each for them the last time, and if they get out again, he would have to leave them because he could not pay the $160 and that was penalizing him because the dogs are both spayed and neutered and he adopted them from the pound to begin with on the day they were going to be put to sleep.

Purcell said there are dogs in neighborhoods that are out continually and tear up the garbage. He said it might not be fair for someone to have to pay $160 but people need to be convinced they must control their dogs to keep them from damaging things.

(Title read aloud)                                Ordinance No. 01-09

An ordinance relating to animals, amending Section 5-1-101, Chapter 5, Lawton City Code, 1995, by adding definition of "owner"; amending Sections 5-1-114 through 5-1-119, Chapter 5, by clarifying circumstances in which an animal running at large may be impounded or released to the owner, adding minimum fines for dogs or cats running at large, adding vaccination against rabies and sterilization after a third or subsequent impoundment as conditions for redemption of impounded animals, requiring execution of an agreement and payment of deposits to ensure vaccination and sterilization occur, granting an extension of time to comply with a sterilization agreement based on medical necessity, authorizing the use of forfeited deposits on educational programs relating to animals, and authorizing the deposit of twenty-five percent (25%) of all impoundment and boarding fees into the educational program fund; and amending Sections 5-5-501 through 5-5-503 and Section 5-5-507, Chapter 5, by creating a special handler's license for unaltered and altered dogs and cats, and requiring annual renewal of the special handler's license for unaltered dogs and cats; providing for severability; and providing for an effective date.

(Title only)                                        Resolution No. 01-24

A resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995, by adding fees and deposits related to animals.

Devine said he would vote yes but he was opposed to the fine.

VOTE ON MOTION: AYE: Devine, Purcell, Shanklin, Moeller, Haywood, Baxter, Smith, Hanna. NAY: None. MOTION CARRIED.

Smith expressed appreciation for the task force members and said discussions got emotional and tense but there was a lot of good common sense and intelligence exhibited. Task Force members expressed their appreciation to Smith for his efforts in this regard.

5.    Receive a presentation by Mr. Sam Gunderson, President of First Golf Corporation, and take appropriate action. Exhibits: None.

Gary Salva, Parks & Recreation Director, said he would introduce Sam Gunderson, although he had not met him, but Mr. Gunderson was here to give a presentation and answer questions.

Sam Gunderson, President of  First Golf Corporation, based in Tempe, Arizona, said his firm specializes in assisting cities and counties in developing public play golf courses. He said he had the pleasure to meet several of the Council members at the recent National League of Cities convention and he was asked at that time to schedule a time to meet with City Council to discuss the various options they might have, answer questions and start a dialogue about developing a golf course.

Gunderson said his company also has an office in Atlanta, Georgia. It started as a golf course construction company founded by his father and grandfather, and grew into a turn-key operation to provide financing, construction management instead of construction, grow-in and operational management. In the last 30 years they have developed some of the finest municipal golf courses in the United States and have good experience and track records with cities and towns. Presentations such as this are made to find out what the city needs and hopefully address that and eventually have a golf course. The first step is creating a program; take all the constraints, wishes, ideas, input from council and citizens to develop a program. From the program they would build a business plan which would include market analysis, feasibility study and things of that nature. After the program and business plan are complete they would assist the city with financing the golf course through several avenues they have used in the past. There is not a fixed formula and each project has its own unique characteristics, every financing is different, some rely heavily on public financing, some are privately financed.

Gunderson said they are experienced in all phases of development after the business plan is established. As construction managers they would work with the city in bidding the project out as a public works project, and it could be divided into smaller contracts so local contractors and builders can bid instead of bringing in larger general contractors from surrounding states. This technique is good for the local economy and very cost effective. They follow through with the grow-in and maturation of the course and finally the on-going operation and maintenance. The same employees would be in on the project from beginning through long-term operations. Management contracts are usually set up based on a series of shorter term contracts so their firm can be terminated and the city can manage the course itself or hire another firm to do the management.

Gunderson said they have a tremendous amount of experience and had presented written information describing same. They have built over 35 golf courses and have recently signed contracts for more. The golf courses are set to make a profit for cities, cover their operating and development costs, and create an on-going revenue source for the city. He said the majority of their courses are publicly financed and owned by the taxpayers, and they consider themselves as representatives of the cities and taxpayers and run their business in accordance with proper regulations and business techniques and try to present a positive image for the city.

Baxter asked if the feasibility study is done first. Gunderson said the feasibility is a big step and contains many little steps. Baxter asked how much that would cost. Gunderson said an overall feasibility study, including a business plan which would create financing alternatives would be $30,000 to $40,000. Gunderson said inside of that, the first step is a market analysis and that is the backbone of the whole golf course; generally cities do not like to use taxpayer dollars to build a golf course so their concept has always been that they will build golf courses with cities that can stand on their own, that can secure their own financing based on the revenues generated by the golf course, and 99% of their financings are stand-alone, revenue-based financings that do not call on a taxpayer pledge or support on the part of the city other than to be operated as a public play golf course. Gunderson said the market analysis is usually $7,000 to $10,000; if the market analysis comes back strong, they would then move to the other phases, such as where the course should be located and where they would get the water, and those items come into the feasibility equation, and finally it is the cash flow where you know the market will support a certain number of rounds and the charge would be so much per round so what will it cost to operate the golf course, and they have very good data in that regard. Gunderson said they know very well what it costs to build golf courses. Gunderson said they would take the feasibility plan to their lenders to borrow the money for the project, and X would be an attractive tax exempt interest rate and ask what they think.

Baxter asked who has to come up with the first $7,000 to $10,000. Gunderson said the cities come up with that money; if he gave away free market analysis, every city in the country would have one.

Haywood said he was in Boston at NLC and he did not go by Gunderson's booth so he wanted to make it clear that he did not see him there.

Purcell said he understood when they talked in Boston, and may have misunderstood, but there was a possibility if the city provided the land and water, which are the two big resources needed, that there is a possibility that this company or others like it could take the financing from there and there would be no tax dollars from that day forward; the company would build it, finance it, charge, and run it for a certain number of years, and the city may or may not get any money during those years and after a period of time, the contract could continue or they could turn it over to the city. He asked if that was the case. Gunderson said there is always some up front money for a feasibility study, and the market has changed significantly. He said Purcell may be referring to a totally privately financed public golf course; the major lender in that area is no longer in the market, around the first of December the Bank of America moved out of the privately financed public golf course market, which accounted for about 50% of the golf course loans. Gunderson said they set up golf courses that are publicly financed but not taxpayer supported.

Haywood asked how much money Gunderson was asking for up front. Gunderson said he was not asking for any money at all. Haywood asked how much the cost was for the market analysis and feasibility, $7,000 to $10,000 or $30,000. Gunderson said the entire feasibility package could be $30,000 to $40,000, and for a proposal for that total business plan he would need to know what you have for existing topography, water analysis studies, and existing information that they would not have to create. Gunderson said he was here tonight just to present the concept of a public golf course, and if there is a desire to invite a proposal, he would be happy to research it more and work with the staff to find out what you have for resources.

Devine said he originally started this thought and hoped the Council could find the money to get at least a feasibility study to see if it would actually work and not turn a total deaf ear. He said he understood we were down $400,000 in landfill revenue so money is starting to tighten up fast but he would like to look at any kind of revenue we could come up with and asked that Council keep an open mind and at least get some kind of study to see if we could do this. Haywood said if we did it, it would be ten years down the line to get anything back.

Baker said if Council is interested in the concept, you would not want to spend $30,000 for the feasibility study, and if you want to do anything, you could ask staff to look at a proposal for the market analysis because that is a critical first step. Devine said he just wanted the market analysis and was not asking Council to come up with $30,000, but he said it would be between $7,000 to $10,000. Gunderson said his firm does not do the market analysis but would help the city find a completely independent firm to do that.

Mayor Powell said we do have members of the golf community present who would like to speak before any action is taken.

Smith said he was not against doing a market study but within a 15 to 20 mile radius, there are five active golf courses servicing 110,000 people roughly. Gunderson said he looked at the population and the number of courses, and you need to consider the public play versus the private courses, and with the military courses, although there is some element of public play, they are primarily for the military.

Purcell said he was getting a little more concerned because when this first came up, the ground rules were different. He said he thought we would be able to get this funded on the private side and it was not going to cost anything other than land and water. He said he could support a preliminary study but was getting a little more nervous than before. Devine said this originally came up a year ago last December and he talked to them in Los Angeles and they said they would build it at their expense and run it for a certain number of years and at the end of that time it would be turned back over to the city, but he did not get to go to Boston and apparently there are some changes, but he still thought it was a good idea.

Gunderson said he did not want to completely discount the private financing because markets change, and if the market comes back strong, they could put some of their equity money onto the city's land with the city's water and see if they could do something, but it all starts with the market analysis showing this is a business that someone ought to do. Gunderson said if it is a real good business, they would go after it; if it is a break even for a period of years and then turn some profit, that is something that private industry does not look at strongly.

John Perry, 1420 SE Hillcrest, said he likes to golf and that a good golf course could draw business here. He said he drives to Chickasha to play at their course, and has driven to Oklahoma City to play on a good course. Perry said the municipal course during the summer is like a desert and they do not have enough water so it is like playing on concrete. He gave examples of golf courses in Texas that draw business and national tournaments.

Felton Dean said if the city would give him free water and free land, he could guarantee he would have an excellent course. He said another person in the audience had also spent money out of his pocket to build a golf course. Dean said if you give the people who own the golf courses here the free water and free land, they could have good golf courses too. He said his golf course is set to open May 1, and we will have five golf courses within a ten mile radius of downtown Lawton. Dean said if you are going to look at a feasibility study, you are not going to get any money for ten years and Devine said we need revenue but it looks like we are going to spend money but not get any coming in.

Dean said the existing golf courses could use the $7,000 that was being considered to do a study and most studies he had been involved with cost a lot more than that; $35,000 could get a feasibility study and business plan. He said he did not support this because he was putting in a big investment in a golf course and not asking for taxpayer money and objected to giving his tax money to someone else to put in a golf course when he had to pay for his land and water. He said if someone else wanted to go start a golf course, they could go ahead and do it but he did not want his tax money used for it. Dean said he did not see that another course was needed and if there was some money to spend, you could help out the golf courses in town by just giving them the water. He said the Country Club has a lack of water for their course but the city does not help them and they would have lush green grass if they had free water, and if the city is going to give away water, it could do that for the other courses and they could do a real good job and he could also. Dean said if the city is going to spend the money, it should be to help out the existing golf courses.

Shanklin asked if the city has the land available. Vincent said we did get the 160 acres southeast of town but we also have sites that have been mentioned around Lake Ellsworth, and on the east side, we have available space if we chose to do this.

Smith said he heard some comments about the municipal course, and it was in bad shape but they have done a tremendous amount of work on it and it is a decent golf course.

Ron Nunn, Lawton Municipal Golf Course, said if residents would play local courses instead of taking their money outside our town, maybe we could have a better golf course, but if they want to play somewhere else, they should do so. He said he could save the city $7,000 right now on a study; rounds are down 40-50% over last calendar year. Nunn said Johnny Wilson had told him his course was down  40% over the last calendar year; Felton Dean has not got started yet but would do so shortly and he would find out how many golfers there are in this city. Nunn said his course is down 35 to 40% over last year, and that is your feasibility study, we are the golf course community, we know what is out there, and he could save the city $7,000 tonight, or the city can spend $7,000 and find out what he is saying is true. He said if you have extra money, they would love to have some good water, extra dirt and all the things that make a golf course good. Nunn said this is the municipal golf course and it will belong to the city in 18 years so any improvements would benefit the city. He said in 18 years they will walk away and it will belong to the city.

7.    Consider adopting an ordinance amending Chapter 19 of the Lawton City Code regarding recreation and providing for severability. Exhibits: Ordinance No. 01-10 (previously provided)

Vincent said this was considered at the Water Authority meeting and amendments were recommended, however, those amendments were not included in the ordinance given to the City Clerk. Amendment to Section 19-1-111, page five, creates subsection f dealing with appliances outside the trailers being allowed to remain at Robinson's Landing if they were there on February 6, 2001, and if the camping permit remains current. The other amendment was to increase the distance from vessels from 50 feet to 100 feet, and that is on page 11. Vincent said the amendments were presented to the City Clerk and the ordinance is otherwise identical to the one considered at the Water Authority meeting.

(Title read aloud)                                    Ordinance No. 01-10

An ordinance relating to recreation, amending Chapter 19, Lawton City Code, 1995; amending water district and general lake rules, provisions regarding water sports, boating, fishing, hunting, buildings in lake area, land recreational vehicles, adding new provisions relating to exceptions to law enforcement; creating rescheduling fees for youth and adult baseball and softball games, creating provisions for filing a protest for all youth and adult leagues; creating a protest review procedure and right of hearing; and providing for severability.

VOTE ON MOTION: AYE: Shanklin, Moeller, Haywood, Baxter, Smith, Hanna, Devine, Purcell. NAY: None. MOTION CARRIED.

Purcell thanked the Lake & Land Commission, and especially Frank Hawthorne, for all of the work done on this issue.

8.    Consider approval of a resolution revising and amending Appendix A of the City Code, Fees and Charges, regarding recreation and providing for severability. Exhibits: Resolution No. 01-25. (previously provided)

Vincent said this is a companion item to the ordinance and it creates a new fee schedule.

(Title only)                                         Resolution No. 01-25

A resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995, amending the fees for recreation and providing for an effective date.

9.    Consider rejecting the bid proposal for the Robinson's Landing Fuel System Project #2000-37. Exhibits: Map; Bid Tab.

Mayor Powell said Frank Hawthorne, Lake & Land Commission Chairman, had requested the item be tabled so they could examine the bid and specifications.

Devine said Mr. Perry operates a concession at Lake Ellsworth and has asked for equal consideration if the City makes this expenditure for a fuel system at Robinson's Landing. He said Perry has been out there for a long time without a fuel system and there are no fuel systems on Lake Ellsworth at all, although there is one on Lake Lawtonka. Devine asked that the Lake & Land Commission consider that in their deliberations; Perry has pumps and people want to buy fuel but they are not usable because the whole system needs to be rebuilt, and he feels he has as much right to this as the other concession.

10.    Consider establishment of an Emergency Management Advisory Committee to review and make recommendations regarding emergency management matters. Exhibits: None.

Mayor Powell said he mentioned the need for this in the State of the City Address. He said this is needed to be in compliance with certain things on the state level and it will make this a better city. Mayor Powell said it will not be detrimental to the group currently in existence and he wanted to leave Baxter as chair of this group. He said if a disaster were to occur on the interstate, he was not sure we had a plan to address such issues, and the people who would be named to this would be mostly due to the positions they hold.

11.    Consider approving a resolution declaring the continuing discharge of water caused by a leak in a private water line which during adverse weather conditions freezes on the public street to be a public nuisance and authorize the City  Attorney to seek abatement of the nuisance as authorized by law including the initiating action in Comanche County District Court to abate the nuisance. Exhibits: Resolution No. 01-____.

Devine said the gentleman told him he had already let a contract to have the water leak taken care of.

Shanklin said ten years ago the CEO of Memorial Hospital stood before Council and stated he would abate the water that they send down Squaw Creek but it still goes so if we are going to get one, let's get them all.

12.    Consider allowing the Parks & Recreation Department to individually co-sponsor with the Lawton Chamber of Commerce, Cameron University, Lawton Public Schools, Lawton/Fort Sill Coop and Lawton Christian School a series of softball tournaments for the year 2001. Exhibits: None.

Shanklin asked about the funding. Mayor Powell said the City Manager indicated money would be put in the budget.

VOTE ON MOTION: AYE: Hanna, Devine, Purcell, Shanklin, Moeller, Haywood, Baxter, Smith. NAY: None. MOTION CARRIED.

13.    Consider approving the transfer of the Traffic Engineer from the Building Development Department to the Public Works Department. Exhibits: None.

Baker recommended transfer of the Traffic Engineer position, which has been vacant for some time; Mr. Wolcott has been performing that function and he is assigned to Building Development. He said two years ago he asked that the position be transferred from Engineering to Building Development; after looking at it for two years he felt it was more appropriate for that position to be part of engineering, it is an engineering function and he recommended it be transferred effective July 1.

Shanklin asked if we have a qualified traffic engineer. Baker said we do not have a certified traffic engineer; we have an engineer that is performing that function and he has learned a great deal and has the knowledge to perform the job but he is not technically a traffic engineer. Shanklin said his concern was still the 9th and F intersection being on hold until we have a traffic engineer with the necessary degrees who can influence ODOT or anyone else, and it was still a viable request to him.

Purcell asked if Mr. Wolcott will be moved or if the vacant position would be moved but Wolcott stay where he is now. Baker said yes.

14.    Consider transferring the Meter Reader and Meter Repair functions and employees from the Finance Department to the Public Works Department.

Devine said he thought the City Manager was going to recommend this but the City Manager asked if he wanted to initiate it so he said sure, no problem, he wanted to help the people and the department. Devine said he had done a lot of study and a lot of work on that particular department in the past 18 months he has been on the Council and he was not saying Mr. Carson was not doing a good job and was not saying the meter readers were not doing a good job; there are four or five different issues he would like to bring up. He said he would start with the employees first; the boring and water main taps were moved under Water Distribution because they dealt with the water mains and it was very successful. Devine said the employees came to him and asked him about maybe getting to move down there because they would have further advancement because they are stalemated where they are now, they have to transfer from meter reading to another division to try to get any kind of raise or promotion.

Devine said the next issue is the five meter readers read approximately 500 meters in a half a day, and they usually can finish in a half a day then perform other small jobs. He said there are problems when they set meters and there are leaks on them then Water Distribution has to go repair the leaks, and we just had a claim where a meter was turned on and flooded the house for $1,400. Devine said he was not trying to take anything away from Mr. Carson or Mr. Livingston but that he really felt that this work needs to be done under Water Distribution and not under Finance.

Hanna asked to hear from Mr. Carson and Mr. Livingston since that department would be effected.

Baxter said he came down to get his mail one day last week and four meter readers stopped him in the parking lot, and all four of them requested that they be transferred to the Public Works Department and we need to listen to what the employees want.

Purcell asked if someone reading and repairing water meters can apply if there is a promotion available in Public Works, and if that is the City's policy. Baker said they can apply for the position and they would compete for the job along with anyone else; part of the problem is they may feel they would be at a disadvantage in that competition because the supervisors know the other people but do not know them. Baker said if you do not transfer this activity, we need to do something because the meter readers are the lowest paid classification in the City service and we hire young, energetic people who want to work for the City and they soon determine they are on the low rung on the totem pole and the first opportunity they have to go to Public Works or Parks, they leave, so we train them and get them to where they are productive and then they are gone, so Mr. Livingston and Mr. Carson are always in the process of training new meter readers. Baker said at a minimum, if you do not transfer this activity, he needed to come back to Council and seriously look at the pay grade for the meter readers and he agreed it was too low and we need to set a pay level where we can recruit and retain good meter readers because they are very important to our revenue stream.

Purcell asked if Baker was recommending the transfer of the employees. Baker said he was afraid someone would put him on the spot but he thought he needed to answer that question. Baker said when this came up previously he asked Livingston and Ihler to look at it carefully and the report he got back was that there was no valid reason to make the move. Baker said he wanted to move the meter repair workers by themselves to Public Works because that is a field type of function, and retain the meter readers in Finance, but they explained to him that it would not work because the duties are interchangeable and they fill in for each other so they needed to stay together. Baker said he knew Ihler did not recommend the change, and one of the reasons he recommended moving the Lakes was that Ihler and his staff have a full plate and they do not need any additional responsibilities. Baker said Livingston and his staff do not recommend the change. Baker said moving an activity or division from one department to another is not the City Manager's decision to make, it is the City Council's decision to make; if you ask him for his recommendation, his recommendation would be to leave it where it is and let him look at the salary and get it up to an acceptable level where they can keep and retain employees.

Smith said he had talked to several of the meter readers and the biggest issue with them was that they are on the bottom of the pay scale, and an entry level person at the Water Treatment Plant, the meter readers have to get the same license as those people but they start from one to two pay slots lower, so it would make sense for meter readers to want to transfer.

Shanklin said there were 329 or 379 applicants for our lowest entry position two or three years ago and asked Carson if that was correct. Carson indicated that was close and that the last time they advertised they got about 30 applications and were able to hire qualified personnel. Baker said we get a tremendous number of applications for most jobs, but once they get into the City service, there are opportunities in other departments. Shanklin said it is their right to try to better themselves. Baker agreed and said it causes a problem for the organization and the division because we are constantly retraining meter readers. Shanklin asked if it is an involved process to train them to read the meters. Baker said not just to read the meter but there are other things they have to do. Mayor Powell asked Carson if he wanted to comment and Carson's comments from the audience were not audible.

Baxter said the decision to move the employees has been before Council previously and it was pretty much stopped before it got started last time on a promise, according to the meter readers, that they were promised a few months ago that the pay would be looked at, and they are growing highly impatient because they do not feel that has been done, and that was why they asked for this to be brought back up. He said since there is a Council motion to force you to look at the issue of pay, maybe it will happen.

Baker said he had discussed this with some individual meter readers; they were very unhappy when the new pay plan came out. He said we have a lot of positions in the City and when you look at one, you have to look at its relationship to the others and it becomes very complicated. Baker said if Council approves this, he will come back at the next Council meeting with a resolution to upgrade the salaries for these positions, so it will not be an extensive study that will take six months.

Mayor Powell asked for roll call. Smith said the substitute motion is to leave it where it is and bring the pay up comparable. The Clerk asked if the motion is to increase the pay. Mayor Powell said it is to study the pay and bring back an acceptable pay plan and Smith said that was the substitute motion.

VOTE ON SUBSTITUTE MOTION:  AYE: Purcell, Shanklin, Moeller, Haywood, Smith, Hanna. NAY: Baxter, Devine. SUBSTITUTE MOTION CARRIED.

15.    Consider authorizing expenditure of CDBG contingency funds for the purpose of decontamination of records and equipment belonging to the Housing and Community Development Department (HCDD) and awarding of bid to ServiceMaster of Texoma in the amount of $16,195.28. Exhibits: Bids.

Frank Pondrom, Director of Housing and Community Development, said bids were opened for the decontamination of records and equipment and he recommended the bid be awarded to ServiceMaster of Texoma. He said there is a 20% discount from the $16,195.28 if their bill is paid within 14 days of submission and we will make every effort to do so.

Shanklin asked what this company will do that Pondrom's staff cannot do. Pondrom said staff members are not qualified to handle the contaminated materials.

CONSENT AGENDA:

16.    Consider the following damage claims recommended for denial: Lori Brown, Armella McKindra, Pablo and Aurea Santana, Mary M. Warren and Ronnie G. and Donna S. Wood. Exhibits: Legal Opinions/Recommendations. Action: Denial of claims.

17.    Consider ratifying the action of the City Manager and the City Attorney determination not to appeal the judgment in the Workers' Compensation case of Robert N. Yarbrough in the Workers' Compensation Court, Case No. 95-9375 Q. Exhibits: None. Action: Approval.

18.    Consider approving Amendment Number 1 to the City of Lawton, Oklahoma and Museum of the Great Plains Authority Cooperative Agreement which increases the land area the Authority leases from the  City of Lawton and authorize the Mayor and City Clerk to execute the documents. Exhibits: Amendment.  Action: Approval.

19.    Consider authorizing the City to accept permanent and temporary easements in Block 17, Radio City Addition, which have been donated by Lawton Novelty Company and authorize the Mayor and City Clerk to execute the Acceptance. Exhibits: None. (Easements on file) Action:  Approval.

20.    Consider approving a Letter of Agreement between the City and the Lawton Tennis Association for the sponsorship of an instructional tennis clinic. Exhibits: Letter of Agreement. Action: Approval.

21.    Approve the use of unbudgeted funds in the Recreation Cash Fund. Exhibits: None. Action: Approve forwarding $5,258 to Fort Sill for 85% of revenues collected through the In-Line Hockey Program.

22.    Consider approving a contract between Alaback and Associates and the City of Lawton for the development of a Master Plan for Elmer Thomas Park. Exhibits: None. Action: Approval.

23.    Consider  approving the renewal option in the lease agreement between the City and the Greiner School for the Handicapped. Exhibits: Contract; Letter. Action: Approval.

24.    Consider approving Change Order No. 1 for the McMahon Memorial Auditorium Lobby Renovation #2000-34 with Reynosa Construction, Inc. Exhibits: Map; McMahon Foundation letter dated 2/16/01. Action: Approve Change Order No. 1 in the amount of $30,520 and add 14 calendar days for this project.

25.    Consider adopting a resolution authorizing the Mayor and City Clerk to execute a Right-of-Way, Public Utility and Encroachment Agreement with the Department of Transportation of the State of Oklahoma (ODOT) for the US 62 (Rogers Lane Reconstruction Phase VI) Project. Exhibits: Map; Resolution No. 01-26; Agreement.

(Title only)                                              Resolution No. 01-26

A resolution approving the Right-of-Way, Public Utility and Encroachment Agreement with ODOT for public project known as STP-116A(002).

26.    Consider approving plans and specifications for the NW Lindy Avenue Street Reconstruction Project #2000-33 and authorizing staff to advertise for bids. Exhibits: Map. Action: Approval.

27.    Consider ratifying the action of the Lawton Water Authority in approving a landfill service agreement with Larry and Linda Benke, Tom and Amanda Benke, and Charles Benke; and authorize the Mayor and City Clerk to sign the agreements. Exhibits: None. Action: Approval.

28.    Consider increasing the amount of petty cash that is assigned to the Lawton Landfill for operations of the scale. Exhibits: None.  Action: Authorize staff to increase the amount of petty cash that is assigned to the Lawton Landfill for operations of the scale from $400 to $1,700.

29.    Consider approving a Cooperation Agreement between the City of Lawton and Lawton Heritage Association, Inc. to provide services in overseeing rehabilitation contracts for renovation to the exterior trim and entrance of the Matie Beal Home located in Beal Addition to the City of Lawton. Exhibits: None. Action: Approval.

30.    Consider approving a Cooperation Agreement between the City of Lawton and Marie Detty Youth and Family Services Center to provide services in overseeing rehabilitation contracts for the existing child care facility at 2001 NW Lincoln Street. Exhibits: None. Action: Approval.

31.    Consider approval of a Mutual Assistance Agreement between the City of Lawton and the City of Cache, Oklahoma.  Exhibits: Agreement. Action: Approval.

32.    Consider a resolution changing the name of Pebble Creek Lane to Redbud Place. Exhibits: Map; Resolution No. 01-27.

(Title only)                                                     Resolution No. 01-27

A resolution renaming Pebble Creek Lane to Redbud Place.

33.    Consider acknowledging receipt of permit from the Oklahoma State Department of Environmental Quality for the construction of waterlines with appurtenances to serve the new Lawton Central Junior High School. Exhibits: None. Action: Approval.

34.    Consider acknowledging receipt of permit from the Oklahoma State Department of Environmental Quality for the construction of sanitary sewer lines with appurtenances to serve the Fort Sill Apache Casino, 2315 East Gore Boulevard. Exhibits: None. Action: Approval.

35.    Consider awarding contract for Powdered Activated Carbon. Exhibits: Department Recommendation; Abstract of Bids. Action: Award to Southwest Chemical Company.

36.    Consider awarding contract for Chlorine Analyzers. Exhibits: Department Recommendation; Abstract of  Bids. Action: Award to Hach Company.

37.    Consider awarding contract for 7" Pneumatic Pipe Bursting Tool and Accessories. Exhibits: Department Recommendation; Abstract of Bids. Action: Award to TT Technologies.

38.    Consider awarding contract for Electric Motor Repair. Exhibits: Department Recommendation; Abstract of Bids. Action: Award to J & W Electric Motor Company.

39.    Consider approval of appointments to boards and commissions. Exhibits: Memorandum.

Parks &  Recreation Commission: Jerry Thorne, Mayor's Appointment, Term: 1/12/01 to 1/12/03; James McLinden, Ward 2 Appointment, Term: 2/27/01 to 2/27/03; Ronald C. Watts, Ward 3 Appointment, Term: 11/10/00 to 11/10/02

Museum Trust Authority: Thomas Wisener, Institute of the Great Plains Representative, Term: 1/27/01 to 6/30/04

40.    Consider approval of payroll for the period of February 19 through March 4, 2001. Exhibits: None.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.

Haywood congratulated Officer Poindexter on being named Lawton Police Officer of the Year. He said the Housing Authority, Lawton View Neighborhood Association and Pleasant Valley appreciate the wonderful job he has done, as well as the rest of the residents of Ward 7.

Shanklin said he wanted the yard pond issue looked at, the yard ponds that are over 12 inches deep have to buy a permit for $100 to build a swimming pool when the yard pond is 24 inches or less deep. He suggested that be changed because the yard ponds are not ten feet deep and forty feet long like a pool.

Shanklin said he knew Neighborhood Services was trying but some of the things we pick on and give a citation to, and he could show people very deep files, but we seem to not be doing one thing to them. He asked how can you give an 85 year old man a $150 ticket for parking close to the house when they need the car there in case he has a third or fourth heart attack so he can stumble and feebly get back out to the hospital, yet go to 314 Summit which is the nastiest, trashiest place in Lawton and have a high stack of citations that are completely ignored.

Shanklin said giving an 85 year old women tickets for having tree limbs in the alley for $150 was not what he was after. He said he would like to take someone and show them what he thought would clean up the city. Shanklin said he told Robert Royce if he had to pay a fine, that he would pay it for him but he would fight it because if that is fair, he did not need to be down here and he would go get a Nazi helmet and get after it. He said we are not doing it. Shanklin said Wards 1, 3, 5 and 7 have these blighted areas and he had asked and would ask again publicly why he could not see what they went to do that day the next day so he could drive around and look and see what they are after. He said he gets it six weeks to two months later. Shanklin said when they have given someone a notice to abate a nuisance, he could go look at it and see it himself and it would not take that long, and they do not make but eight or ten runs a day that he had seen. He said it was a hard deal between he and Baker on that but he was saying it was making him sicker, we have not gained on it, he knew there was a breakdown between here and Municipal Court, but somewhere down the line we have to be able to serve these warrants to these people. Shanklin said we need to clean up those files and those people who are laughing at us, we need to shut it down and make an example there and then he did not have a problem with it but he had a problem with seeing the individual areas that they just ignore and we are not doing anything, but we are tickled to see those who come in to pay because we are up 10% on fines. Shanklin said we still represent those people and he was not down here to see how much money we can bleed out of the people that we support.

Baker said our purpose in Neighborhood Services is not to generate revenue, we would prefer not to. Shanklin said you are not. Baker said we are somewhat but we need to have a workshop or a special meeting to discuss the whole methodology of code enforcement, how the Neighborhood Services and the Court function, and advise Council of some of the problems we run into and until we do that, Council will not have a clear picture. Baker said staff would like to suggest getting away from citations at all except for the worst cases; Council previously advised staff to write a citation for every high weeds and grass complaint we have to eventually abate, we tried that, we write countless citations and it does no good. Baker said we have some administrative changes we would like to propose and it cannot be done at a regular Council meeting.

Shanklin said it gets back to the point that we want to go get that same guy instead of bringing in about 30 or 40, and notifying 30 or 40 people that their dilapidated structures will be looked at and if you fit into one of our codes or ordinances or state statutes, you are going to adhere to it, but let's not just go get the same old boy because he was not going to vote for it.

Baxter said he wanted to remind the public that there is a big election coming up and he encouraged everyone to get out and vote, and to definitely support the hotel/motel tax. Baxter said he was very disappointed in the Council for making Fire Station 5 a political issue and to delay it due to the election is bogus.

Moeller said on Thursday, March 8, at 6:30 p.m. at the Brookridge Retirement Center on Highway 62 there will be a Ward 6 meeting open to anyone, and staff members will be present.

Smith said he was called by a reporter from Channel 7 and informed that today is National Spay and Neuter Day for animals, and he encouraged the public to do those things for their animals.

Purcell said Rogers Lane from the highway to Flower Mound Road continues to deteriorate further after each and every rain.  He said the Street Division does a good job of patching it up but an overlay may be needed due to the continual deterioration and large amount of traffic on this roadway.

Baker said we have a number of dilapidated structures we would like to bring to Council for consideration and some type of date needs to be set because it must be included in the public hearing notice. Shanklin said to hold it after the election, and everyone has a right to support whoever they want, say anything they want, and just let him have the same privilege. Shanklin suggested waiting until March, April or maybe the middle of April, and he said four Council members were interested in cleaning up the city and if they try to do that, they will make some people mad.

Hanna invited the citizens of Wards 1 and 2 to the H.C. King Center on March 23 at 6 p.m. for a neighborhood meeting and that City officials would also be present.

Haywood said the Patterson Center Neighborhood Association would meet on March 9 at 6:30 p.m. The Lawton View Neighborhood Association meets on the second Monday of each month at 6 p.m. and the Ranch Oaks Neighborhood Association meets on the second Monday of each month at 7 p.m.

Mayor Powell said a great meeting was held today at the Worley Center at Vo Tech for the sake of our children. He said reports were given by Pat Henry, Dr. Hillis, and Dr. Gary Cook and this is working toward finalization. He said on March 27 we will have the Teen Council at the Council meeting.

BUSINESS ITEMS:

41.    Pursuant to Section 307B3, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the status of the land acquisition for the Meadowbrook Creek Local Flood Protection Project, and if necessary, take appropriate action in open session. Exhibits: None.

42.    Pursuant to Section 307B3, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the acquisition of Wanda Cantu's property which is needed for the expansion and upgrade of the City of Lawton Water Treatment Plant in Medicine Park, Oklahoma, and if necessary, take appropriate action in open session. Exhibits: None.

43.    Pursuant to Section 307B3, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the acquisition of Albert and Mildred Gordon's property which is needed for the expansion and upgrade of the City of Lawton Water Treatment Plant in Medicine Park, Oklahoma, and if necessary, take appropriate action in open session. Exhibits: None.

44.    Pursuant to Section 307B3, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the acquisition of Brett and Staci Dodson's property which is needed for the expansion and upgrade of the City of Lawton Water Treatment Plant in Medicine Park, Oklahoma, and if necessary, take appropriate action in open session. Exhibits: None.

45.    Pursuant to Section 307B3, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the acquisition of Jeremy Courtney's property which is needed for the expansion and upgrade of the City of Lawton Water Treatment Plant in Medicine Park, Oklahoma, and if necessary, take appropriate action in open session. Exhibits: None.

46.    Pursuant to Section 307B3, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the acquisition of Ricky Webb's property which is needed for the expansion and upgrade of the City of Lawton Water Treatment Plant in Medicine Park, Oklahoma, and if necessary, take appropriate action in open session. Exhibits: None.

47.    Pursuant to Section 307B1, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the employment of John Kinslow as Municipal Judge for the City of Lawton; and in open session, take action if necessary. Exhibits: None.

The Mayor and Council convened in executive session at approximately 8:40 p.m. and reconvened in regular, open session at approximately 9:15 p.m. with roll call reflecting all members present.

Vincent reported on Item 41 that executive session was held pursuant to the listed statute to discuss the status of land acquisition for the Meadowbrook Creek Local Flood Protection Project; Council was briefed on the status of the land acquisition and no action is required at this time.

Vincent reported on Item 42 that executive session was held pursuant to the listed statute to discuss the acquisition of Wanda Cantu's property located in the vicinity of the Water Treatment Plant at Medicine Park, and this land is necessary for expansion of that plant. He said no action is required on this property at this time.

Vincent reported on Item 43 that executive session was held pursuant to the listed statute to discuss the acquisition of Albert and Mildred Gordon's property also in the vicinity of the Water Treatment Plant at Medicine Park. He said the City made an offer of $11,500 which was accepted and the Gordon's have signed and returned the contract. Vincent requested a motion to authorize the Mayor and City Clerk to execute the document.

Vincent reported on Item 44 that executive session was held pursuant to the listed statute to discuss the acquisition of property owned by Brett and Staci Dodson also in the vicinity of the Water Treatment Plant at Medicine Park. The City made an offer, the Dodson's made a counter offer of $215,000; staff believes this is an acceptable price and recommends direction to prepare the necessary contract documents and after the Dodson's have executed them to have the Mayor and City Clerk execute the contract.

Vincent reported on Item 45 that executive session was held pursuant to the listed statute to discuss the acquisition of property owned by Jeremy Courtney also in the vicinity of the Water Treatment Plant at Medicine Park. He said there have been offers and counter offers and the current situation is that we have made him a counter offer to his last counter offer and Courtney has not had time to respond so no action is needed at this time on that property.

Vincent reported on Item 46 that executive session was held pursuant to the listed statute to discuss the acquisition of property owned by Ricky Webb also in the vicinity of the Water Treatment Plant at Medicine Park. He said this property is necessary for the plant expansion; Webb has made a counter offer and recommendation was to reject the counter offer and leave the City's offer on the table.

Vincent reported on Item 47 that executive session was held pursuant to the listed statute to discuss the employment of Mr. John Kinslow as Municipal Judge and no action is required.

There being no further business to consider, the meeting adjourned at 9:25 p.m. upon motion, second and roll call vote.

CITY OF LAWTON

STATE OF THE CITY ADDRESS

FEBRUARY 27, 2001

To the Citizens and Councilmembers of the Lawton-Fort Sill Community:

I am privileged this evening to present this “ State of the City”  address.   Section C-2-2 of the City Charter requires that the Mayor shall annually provide such an address.

We are gathered tonight at an exciting time in the history of this community.  Not only are we beginning a new millennium, but this year we will also celebrate Lawton’s Centennial.  We are faced with many challenges, but we have also accomplished a great deal, and also have many opportunities in the years ahead.

Please allow me to express how proud that I am to call Lawton-Fort Sill, Oklahoma my home.  I am also extremely proud that the citizens have allowed me the opportunity to serve as your Mayor.  It is this “ pride”  that I see in the citizens of this community that gives me optimism and encouragement for the future.

I am pleased to report on the status of some projects, programs and activities that are taking place in our community at this time.

2000 CAPITAL IMPROVEMENTS PLAN (CIP)

The City has made great progress on the $71.4 million 2000 Capital Improvements Program (CIP).  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).

Thanks to our citizens, this five (5) year program allows us to address many of the critical needs of the community, including water, roads, landfill, parks, and economic development.

1.     Water Projects

I can not think of a single issue that is more important to the Lawton-Fort Sill Community than WATER.  That is why the 2000 CIP contains $40.8 million out of the entire $71.4 million for water related projects.

The current estimated cost of this project is $31.4 million (not including land acquisition). It is currently projected that the construction period will be August 2001 - October 2003, and that the Plant Startup will be in November 2003.

However, it must be remembered that the need for increased potable water supply is not only a vital need of the Lawton-Fort Sill community, but also of the Southwestern Oklahoma region. That is why I have proposed, and the City Council has endorsed, a request to Congressman J.C. Watts for federal financial assistance to assist in its construction.

It is imperative that Fort Sill has a dependable and reliable potable water supply.  In addition, the Lawton-Fort Sill community is having success in attracting new industry, but our survival in the competitive environment of economic development (attracting new jobs and an expanded tax base) depends on a commitment of significant dollars for water treatment facilities.  It should also be pointed out that many smaller communities in the region are facing an increasingly difficult task of meeting the federally mandated Safe Drinking Water Act (SDWA) requirements. Lawton is already supplying neighboring towns and rural areas communities with water, so assisting Lawton with the expansion of our water treatment facilities provides the most “ cost-effective”  solution to meeting the water needs of our region.

In addition to submitting this request to Congressman Watts directly, on Thursday, February 15, 2001, I met with representatives of his office to discuss and explain the importance of this request.

2. Landfill. The construction of cells 2 & 3 is complete. The contractor still lacks grassing and fencing. The plans for the maintenance building are in design. Also, the Landfill expansion Master Plan is also in preliminary design.

3. Street Projects. The status of the 3 major road projects from the 2000 CIP is as follows:

 

4.   Eastside Park.  We are nearing the end of the preliminary design phase.

5.   Fire Station No. 5.  The preliminary plan is ongoing.

6. New Central Junior High School –  construction is underway.

NOTE:  These are only the major 2000 CIP projects.

This is a major success story.  We have previously discussed this; however, I’ m very happy to briefly summarize.

The City has 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 savings of $2 million for each phase, or a total of $6 million for the entire project. Further, as has been previously reported, savings are greater than anticipated. In addition to the $2 million in savings projected for performing these services in-house, the City has realized savings of $1,270,105 over the projections (as of the 3^rd quarter of 2000).

As of the last quarterly update, all crews are meeting the DEQ required schedule, all equipment has been received, all training on equipment has occurred, and a total of 43,000 feet of new lines have been installed.

Due to the success of this program, the City of Lawton has received national attention.  An article was published in the "Trenchless Technology" magazine describing the success of this program.  Several other city governments have contacted the Sewer Construction Division requesting details of their operation because other cities are going to perform the same type program in their city.

PROJECTS FROM PRIOR CIP’ S

I would also like to mention a couple of projects from previous Capital Improvement Programs, as follows:

Middle Branch of Wolf Creek Drainage (B-1 Detention Reservoir) –  This is a $1,505,045 project. The reservoir has been constructed and grading and grassing are underway.

Meadowbrook Creek (Wolf Creek Project/Corps of Engineers)- Final design is in progress. A Project Cooperation Agreement (PCA) is anticipated this summer, and a tentative construction start date is projected for summer of 2002.

    

TRANSIT SYSTEM

After many years of debate and deliberation, the City Transit Trust has determined that we will have a transit system.  The Trust has accepted proposals for consulting and management services from McDonald Transit Associates, Inc. and has authorized staff to negotiate contracts with this company. If all goes as planned, we should see the bus system up and running by the end of 2001.  

PLANNING FOR THE FUTURE

PUBLIC SAFETY

EMERGENCY MANAGEMENT

Promoting the health, safety and welfare of our citizens is one of the basic functions of government.  We must ensure that we have an effective plan to reasonably protect our citizens from emergencies (hazard mitigation) as well response plans for emergency response.

“ The goal of Project Impact is to bring communities together to take actions that prepare for – and protect themselves against –  natural disasters in a collaborative effort.”  

With project impact we hope to mitigate or protect our community, the residents, organizations, businesses, infrastructure, and the stability and growth of our economy as much as possible against the impact of natural disasters BEFORE they happen.

I would like to take this opportunity to thank both the Task Force and County/City Emergency Management Director for all of their efforts in emergency management matters. Both have addressed the concerns of the public regarding activation of the Emergency Warning System (Sirens) and the opening and operation of public storm shelters in the community as a result of the May 31, 1999 storm.

The name “ amber”  became 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.

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.

Air Quality Campaign

Due to implementation of the Clean Air Act, ozone levels have to be monitored closely.  In Lawton our Ozone season is May through September. If our ozone level exceeds the allowable limit, we will be declared NON ATTAINMENT by the EPA.

The City has been awarded a grant to have our own air quality campaign. We will be announcing much more information in the near future on this matter, but everyone needs to know the consequences of NON ATTAINMENT. We would have to prepare a “ conformity plan.”  This plan will be effective for 20 years, and may include the following measures:

I am very proud of the following economic development announcements in 2000:

On Feb. 18, The Lawton Constitution quoted Gov. Frank Keating as saying:

“ I remain fully committed to funding the National Army Museum of the Southwest.  For the sake of Oklahoma’ s economic development, tourism industry and the celebration of our past, our state must do what we can to ensure that the many artifacts of the museum receive proper housing and display.  On that count, I remain vigilant.”   

We all know that our children are the leaders of the future. Unfortunately, we also know that our youth face many challenges on a daily basis. We must reach out to our youth and lend a helping hand. The “ Community United for the Sake of Children”  has been working diligently to reduce the risky behaviors among our teens. In the next month, I will be announcing a proposal for an initiative to assist in these efforts to the City Council.  

CENSUS

Redistricting is probably the most significant result of the constitutionally mandated decennial census.  Political boundaries at all levels will be revised as a result of the Census 2000 results.

We know that the State of Oklahoma will be losing one federal congressional seat. It is my hope that the negative effect of this loss can be minimized with proper redistricting. To this end, I have recently proposed and the City Council of the City of Lawton has approved Resolution No. 01-11, which requests that the three major military bases in Oklahoma remain in a single congressional district.

CENTENNIAL

The City’ s 100 ^th birthday is August 6, 2001. I would like to recognize the efforts of all of the individuals that are giving of their time and efforts in the planning of activities and events to commemorate our Centennial.  The Centennial Task Force and the various committees are planning many events and activities.  Of course, the Book Committee is actually developing the Centennial Commemorative Book, and has received approximately 300 advance orders to date.

CLOSING

As previously stated, the City has many exciting opportunities, as well as major challenges ahead.  The City Manager and staff are currently hard at work on the FY 01-02 Budget, and after the preliminary budget is submitted, the City Council will begin workshops. We expect there to be tough budget decisions that have to be made. Decisions are typically difficult when resources are limited and needs are great. Remember, we all care about this City, and want to make the best decisions for everyone.

Finally, I have always believed that Lawton is a caring community. I know that we could all name numerous individuals and organizations that can be counted on to show that they care about the community.  There is, however, one organization that I would like to mention tonight that has made many outstanding contributions to the City and Lawton-Fort  Sill community. That organization is the McMahon Foundation.  I am very proud of the many generous grants that the McMahon Foundation has made to the City of Lawton and the community.

I would like to close by issuing this challenge to each and every one of you:

I ask every citizen of the Lawton-Fort Sill community to search within yourselves individually, and ask:

Thank you for your attention tonight and may God bless you and our City.

Cecil E. Powell, Mayor

City of Lawton