MINUTES

REGULAR MEETING

LAWTON CITY COUNCIL

MARCH 13, 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 Puckett, Fort Sill Liaison

The meeting was called to order at 6:10 p.m. by Mayor Powell. Notice of meeting and agenda were posted on the City Hall notice board as required by law.

ROLL CALL

PRESENT:                G. Wayne Smith, Ward One

                    James Hanna, Ward Two

                    Glenn Devine, Ward Three

                    Robert Shanklin, Ward Five

                    Barbara Moeller, Ward Six

                    Stanley Haywood, Ward Seven

                    Michael Baxter, Ward Eight

ABSENT:                John Purcell, Ward Four

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR MEETING OF FEBRUARY 27, 2001.

AUDIENCE PARTICIPATION:   None.

BUSINESS ITEMS:

1.    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 C-1 (Local Commercial District) zoning classification located at #2 SW 69th Street. Exhibits: Resolution No. 01-28; Ordinance No. 01-11; Map; Applications; Site Plan; CPC Minutes; 2020 Land Use and Zoning Maps.

Bob Bigham, City Planner, presented a map showing the location of the property. He said 69th Street is to the west and Gore is to the north; zoning of the surrounding area is R-4 multi-family to the south and east, and C-1 local commercial to the west. Property is owned by James and Eva Nelly; applicant is Lawton Teachers Credit Union. Proposed use is a branch office for the credit union.

The Planning Commission on February 8 recommended approval of the requests and approved a Use Permitted on Review subject to an adjustment of the sight triangle. Twenty property owners received written notice of the hearing, and notice was published in the newspaper. No calls have been received either for or against the request.

Devine asked if a car wash was formerly located at this site. Bigham reviewed the location, stating the property is vacant.

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

(Title only)                                                   Resolution No. 01-28

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 #2 SW 69th Street.

(Title read aloud)                                          Ordinance No. 01-11

An ordinance changing the zoning classification from the existing classification of R-4 (High Density Apartment District) to C-1 (Local Commercial 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: Haywood, Baxter, Smith, Hanna, Devine, Shanklin, Moeller. NAY: None. MOTION CARRIED.

2.    Hold a public hearing and consider a resolution amending the 2020 Land Use Plan from Residential Single Family and Duplex to Commercial and Office and an ordinance changing the zoning from R-1 (Single-Family Dwelling District) to C-5 (General Commercial District) zoning classification located at 1323 NW 53rd Street.  Exhibits: Resolution No. 01-29; Ordinance No. 01-12; Map; Applications; Site Plan; CPC Minutes; 2020 Land Use and Zoning Maps.

Bigham presented a map showing the proposed location of this single family structure that is proposed to be converted to a commercial parking lot associated with Scott's Flowers. The Planning Commission on February 8 reviewed the request; the initial request was for C-5 zoning. Staff recommended C-1 zoning, which would accommodate the parking lot, and during the Planning Commission meeting the applicant agreed that would be adequate. The ordinance for consideration tonight is for C-1 zoning. The Planning Commission recommended eight to zero to approve the amendment to the Land Use Plan, recommended denial of the C-5 zoning, and recommended approval of the C-1 zoning. Notice of hearing was mailed to 30 property owners and published in the newspaper. No calls or letters have been received either for or against the request.

Baxter asked if anyone was living in the house. Bigham said he did not know, but knew the owner planned to remove the building to construct a parking lot.

PUBLIC HEARING OPENED.

Mike Scott said he is the owner of the property and encouraged Council to support their efforts to enlarge their facility. He said this area is definitely important for their parking if they want to move ahead with expansion plans in the very near future.

PUBLIC HEARING CLOSED.

(Title only)                                                      Resolution No. 01-29

A resolution approving an amendment to the 2020 Land Use Plan for the City of Lawton from Residential-Single Family and Duplex to Commercial and Office located at 1323 NW 53rd Street.

(Title read aloud)                                             Ordinance No. 01-12

An ordinance changing the zoning classification from the existing classification of R-1 (Single-Family Dwelling District) to C-1 (Local Commercial 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, Hanna, Devine, Shanklin, Moeller, Haywood, Baxter. NAY: None. MOTION CARRIED.

3.    Consider a resolution naming streets in the area known as Airport Industrial Park to SW 11th Frontage Road, Rex Madeira Road, and Gilbert Gibson Road. Exhibits: Letter of Request; Location Map with Suggested Names; Madeira and Gibson Biographies; Resolution No. 01-30.

Mayor Powell said a letter had been received from the Chamber of Commerce and others, and those were sent to Council, explaining the reasons for this request.

Baxter said information in the agenda packet refers to Southwest Sales, and this is not the location of Southwest Sales. He said it should state Southern Sales instead.

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

(Title only)                                                     Resolution No. 01-30

A resolution naming roads in the development known as the Airport Industrial Park SW 11th Street Frontage Road, Rex Madeira Road, and Gilbert Gibson Road.

4.    Consider submission of a Hazard Mitigation Grant Program (HMGP) Notice of Intent to the Oklahoma Department of Civil Emergency Management for multi-mitigation projects under Presidential Declared Disaster 1355. Exhibits: Letter from Oklahoma Civil Emergency Management; Eligibility Criteria.

Bob Bigham, City Planner, said this may be the City's last opportunity to take advantage of substantial federal funds for mitigation projects. A second letter was received from the Oklahoma Department of Emergency Management relating to another series of money that is coming into the State under the ice storm disaster; this program is called the Hazard Mitigation Grant Program. The HMGP program is under the Robert T. Stafford Disaster Relief Emergency Assistance Act. The purpose is to provide a 75/25 matching fund for states and cities to initiate immediate and long term hazard mitigation measures which are implemented following Presidential disaster declarations. Disaster 1349 that occurred in Caddo County in October 2000 was the first opportunity to receive federal money under this program, however, the money that was available in the first disaster was extremely limited as compared to this program, there was only about $350,000 to $375,000 available for the whole state, and Apache and Caddo County received priority on those funds.

Bigham said in January the President declared Disaster 1355 which related to the ice storm. There are two major components to the Stafford Act regarding assistance to cities; we have the public assistance and this is money coming into the state to provide money to local entities to repair things due to the disaster, and the Assistant City Manager and Public Works Director are preparing an application and have visited with the Emergency Management office in Oklahoma City. The other part of the program is the hazard mitigation; this is a percentage of the amount of money that comes into the state under the public assistance part, it is 15% of the money under public assistance.

Bigham said to update the status of the first Notice of Intent (NOI) that was filed on January 12, the project was to purchase four repetitive loss flooding homes in the Meadowbrook area. Project cost was about $375,000, or $125,000 local match. There was limited money on this disaster and Caddo County was given priority. Since that time, staff has met with Meadowbrook residents and some are present tonight. Three property owners who were part of that application have elected to go under the acquisition under the Corps project which provides better benefits for those residents. Bigham said he had been verbally advised by the State Mitigation Officer that this application is not approved but it was moved to the top priority of the 1355 disaster so there is still basically one house that has not been funded on this project.

Bigham said the second letter was received on February 21, 2001, and this is the major difference between the two, there is not an exact number and he would just give the numbers he had been told. The amount of money available for hazard mitigation is between $12 and $25 million. Mayor Powell asked what area that covers and Bigham said the whole State of Oklahoma. Bigham said the counties that were declared disasters under the ice storm may have some kind of priority compared to the other counties but basically it is for the whole state. Bigham said the deadline for this is March 15 and staff has been working to compile projects and determine sources for matching funds.

Bigham said there is a letter from the State and a list of eligible projects is attached. The types of projects eligible under mitigation are structural hazard control protection projects, construction activities that result in protection from hazards, and so on. The State Mitigation Team is comprised of 15 state organizations and they review all of the applications and put them in priority; they will look at how the proposed projects match the priorities of the State Mitigation Plan, which contains three priorities. This document is updated every year and during the tornado disaster, $12 million came into the State and all of that money was devoted to safe room rebates, which is shown as the first priority. The second priority is acquisition of repetitive loss structures and other mitigation projects.

Bigham said the NOI is what we are dealing with tonight to gain authorization from the Council to submit this to Emergency Management for their review. If we are selected, we must go through the actual grant writing application process, then we do the project, and this is a reimbursement-type program, meaning we must pay for the entire project and then get reimbursed based on the 75/25 match. Mayor Powell asked if the project would be approved prior to the City having to spend any money. Bigham said yes. Bigham said the projects must have a beneficial impact in hazard areas, be cost effective, and substantially reduce risk of future damage. Bigham said the cost/benefit ratio would be part of the grant application to show that the project meets this ratio.

Bigham said he had provided handouts of the slides as well as the actual NOI draft applications. Shanklin asked if all of this information is shown in the handouts. Bigham said those are the actual NOI's and this is a summary of the projects that staff is suggesting. Bigham said the projects are not in any priority, and the first number is the total project cost, the second number is the federal share and the third number is the local share. The local share is either a hard or in-service match; for example on an engineering construction project, if the engineering design is done in-house, that would be part of our 25% match so it does not have to be hard dollars.

Bigham said the first project suggested was the purchase and installation of rain and stream gauges for the urban area. There are rain gauges in the water sheds for Lakes Lawtonka and Ellsworth but we do not have a good representation of gauges within the urban area to gather data and hopefully establish warning devices. The second one is an ambitious project for a stormwater mitigation plan; the last time the City had a master water plan was 1977 prepared by Hendrick & Sons, and this gave a detail of what all the drainage improvements needed to be. This plan would also be that, an inventory of all of the drainage structures within the City, but it would also be a lot of recommendations for detention and retention regulations, how that would be handled on a City-wide basis, what remedial projects we can do to reduce flooding that are not brick and mortar type projects, it may want to address the purchase of repetitive loss properties within the 100 year flood plain, so there would be a whole array of items in a stormwater mitigation plan.

Bigham said the third project is development of an all risk hazard mitigation plan. This is a document that goes along with the Emergency Operation Plan and identifies all the natural and man-made hazards within the community and goes through what you can do about them prior to a disaster. This document will be required under Project Impact and if it could be funded out of this program at the same ratio, then there would be that much more money available to spend out of the Project Impact program.

Bigham said the fourth project is phase two of the early warning siren system, and there is an agenda item tonight to purchase new sirens. This does not replace the old sirens. The Information Services Director has a plan to purchase six new sirens to replace all the existing sirens.

Bigham said the big project was Phase I of the Squaw Creek Drainage Improvement from Lee Boulevard to I-44; this is a $2.5 million project and a $625,000 local share.

Bigham said the last project deals with the purchase of additional repetitive loss homes in the 100 year flood plain. There are three repetitive loss areas, which are defined in the Flood Plain Management Plan, being the Meadowbrook area, the West Highland area at 11th and Gore, and the Garden Village area. Those three areas are 90 plus percent of our repetitive loss claims dealing with flooding. He presented a slide showing all 27 repetitive loss properties with the data received from FEMA showing the property value shown on the FEMA sheets, the number of flood claims that have been paid, and the total percent of damage against the property value. Bigham said the first one shown is 2320 Cornell, the property is worth approximately $18,000 and we have had approximately $19,000 worth of flood claims paid on the house so the ratio is 112%. He said they had prioritized them in the ranking of damage against property value. Properties 2, 3 and 4 are part of the Meadowbrook drainage project. Those shown in bold are the top ten repetitive loss properties within the City, so that takes it down to about 42% of the value of the property having already been paid through flood damage, and you can assume that over the next 25 years, you would pay about that much again. Bigham said staff was recommending ten additional properties that could be acquired under the repetitive loss program. He said he had no appraisals but used the FEMA numbers and added 15% because they were quite old numbers, and added $15,000 per structure for administrative costs and demolition and removal costs, so the local share would be $255,000.

Bigham said these six NOI's could be submitted to Emergency Management on the 75/25 reimbursement basis. He said the President is proposing many budget cuts, one being cutting back the Hazard Mitigation Program under the Stafford Act to a 50/50 program. This may be one of the last opportunities to apply under a 75/25 match. The President is also proposing, on the repetitive loss structures, to afford those property owners one more flood claim and then not allow them to obtain flood insurance under the National Flood Insurance Program. This has many ramifications because flood insurance is a requirement for a mortgage that is connected with the federal government. Bigham said a person with a typical mortgage that has a flood loss under this proposal, no more flood insurance, the mortgage company would ask that the note be paid off. The only other option would be to purchase flood insurance from Lloyd's of London because no one else sells it.

Mayor Powell asked if Bigham was only seeking approval to be able to apply for the grant. Bigham requested authorization from the Council to submit these suggested programs or any others that the Council wishes to do. Baker said we are requesting Council authorization to submit the Notice of Intent, and the local match for all of the projects is almost $1 million and funds are not available at this time for that match, but if we do not at least send in the Notice of Intent then we do not have a chance to receive any of the money. Baker said if they say they will fund one or more of the projects, we will then have to apply for the grant and at some point if we accept the money, we will have to identify the 25% match, but if you approve submission of the NOI, you are not obligating to that matching requirement tonight.

Shanklin asked if this is in addition to what we already have on the books to alleviate that problem, such as the Corps project, and if this would give us a double chance. Bigham said under the Corps project, there will be eight total properties acquired and three of those eight are on the repetitive loss list; the other properties in Meadowbrook that are on the repetitive loss list are not part of the Corps project, although they would obviously benefit from it.

Shanklin said the information shows that there are rain and stream gauges at Lakes Lawtonka and Ellsworth. He said he knew they were put out and asked who checks to see that they are still there. Jerry Ihler, Public Works Director, said Water Treatment Plant personnel monitor the gauges.

Bigham asked if the top ten on the repetitive loss list of homes was acceptable. He said any number could be selected, although some in the lower percentages might not be considered highly. Bigham said if the repetitive loss properties are acquired, we must maintain them as open space in perpetuity so it will be an annual expense to the City and there can never be any further construction on the lots. Shanklin said he wanted to go for more houses if the federal government is going to pay 3/4ths of it.

Devine said if we do not ask, we will not get it and we should ask for everything we can get, and they will tell us how much they will give us.  Bigham said if we applied for the whole list, the local match would go up to about $600,000. Devine said he wanted Council to give direction to Bigham to move forward and ask for whatever we can get.

Shanklin asked what project it is that will buy these properties. Bigham said the Section 205, Corps of Engineers Project, and it will be funded from the 1995 CIP. Shanklin asked if this would free up those funds from the 1995 CIP. Bigham said not really because the first NOI submitted had three of the eight homes that were going to have to be acquired for the Corps project. Bigham said under the repetitive loss purchase program under this program, it must be on a strictly voluntary basis. Bigham said we met with the Meadowbrook residents and the bottom line is there are no relocation costs associated with this voluntary acquisition program, so the residents of those three homes felt it would be to their advantage to be acquired under the Corps of Engineers Project where they would receive the relocation costs.

Moeller asked how long it would take for the City to be reimbursed after paying for the total project. Bigham said he did not know, but knew it could be done on partial requisitions and be reimbursed after purchase of each home on the list, rather than acquiring all 27 properties and waiting to be reimbursed.

Shanklin asked Bigham for his recommendation. Bigham said it is a pretty aggressive list and there may be some other alternatives when you get down to some of the homes that have had very little damage. Mayor Powell asked Bigham for his recommendation. Bigham said two of the homes in Crosby Park are not flooding but they have had sewer backups associated with flooding.

Hanna asked if the budget could sustain the matching requirements and said it was his understanding that it would be a pretty tight budget this year. Baker said the operating budget could not provide the match without eliminating a lot things that are absolutely necessary for the community. Baker said if we are successful in getting the grant funds, we may be looking at reprioritizing some of the 1995 CIP projects that were recently approved for $3 million and that he knew of no other source to get those funds. Baker said the 1995 CIP had $3 million for three streets and McMahon Park that were prioritized and appropriated several months ago, and it could mean eliminating those projects in favor of these.

Shanklin asked what we had in the 2000 CIP for this. Baker said he knew of nothing. Shanklin asked if the 1995 CIP was the source for the Meadowbrook project and Baker said yes. Shanklin said if it is to be spent on those homes, it would seem that the costs could be paid through either program. Vincent said we would have to redesign the project scope because as the Corps project is designed right now you could not use the Corps project money. Shanklin said we could use our portion of the CIP money that we were going to put in with the Corps to buy these homes. Vincent said we would have to redesign the project and get out of the Corps project.

Haywood asked how much was set aside for the Corps project. Vincent said $1.7 million.

Devine said he did not want any part of this project to hamper in any way or slow down the process of taking care of Meadowbrook or the Corps of Engineers that we are working on now, and nothing should interfere with that in any way. He said we have worked too long and too hard, and those people have waited too long to get what they need done and he did not want this to hinder that in any way.

Hanna asked how we will fund it. Bigham said if we are selected in the first round of review, we will have to review that in preparation of the grant application. Bigham asked if the whole repetitive loss list was to be included and Devine said yes.

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

5.    Receive the annual Highland Cemetery Board Report from Mr. Roy Pennypacker, Board Chairman. Exhibits: Annual Report.

Roy Pennypacker, Chairman of Highland Cemetery Board, said this was the first time a report such as this had been given and that he would not read the entire report that was in the agenda folder. He said the Board came to Council last year regarding the rule on how artificial and cut flowers not in permanent gravestones or marker receptacles, and memorabilia, would be disposed of. The Mayor appointed a committee at that time and members reviewed the situation and agreed it was in bad shape in terms of appearance. State Statutes grant the authority to the board to establish the rules and regulations for the cemetery, and the board wanted the Council to be aware of the situation in case of criticism. The board adopted the rule, published it in the newspaper, through handouts at funeral homes, and posted signs at the cemetery. The feed back to date has been very little and there have been a few questions but not complaints. Pennypacker said they felt the rule was good and would allow them to be able to do a better job in maintaining the cemetery with the available personnel. He said people have the opportunity to pick up their flowers and put them back out after the mowing.

Pennypacker said the report contains information about the two funds, the Cemetery Care Fund and the Perpetual Care Fund. The Cemetery Care Fund is maintained by the City and it receives 25% of the sales and opening and closing fees; the money can be used for capital improvements only. Capital improvements includes equipment, roads, and land. The Perpetual Care Fund is maintained by a trustee appointed by the District Court and those funds can only be used for perpetual care lots, such as buying hand mowers, fertilizer and weed treatment. Over the years, the Cemetery Care Fund and Perpetual Care Funds were combined, and we know there are Cemetery Care Funds that were deposited into the Perpetual Care Fund. The balance in the Perpetual Care Fund on June 30 was almost $600,000 and it is felt that a large part of that is actually Cemetery Care money that was deposited back when one fund was used for everything. Pennypacker said they have requested assistance from the City Attorney and Trustee and to have the parties get together, and they agree this has happened and the Trustee has hired an auditor to go back through the records to try to establish how much of that money should be in each fund.  It is urgent to get more money into the Cemetery Care Fund. The backhoe is in bad shape and must be replaced, it breaks down frequently, however, the annual income to the Cemetery Care Fund is approximately $17,000 and a backhoe costs $50,000 so it would take three years to accumulate the funds to pay for that, and in the mean time, other needs would go unmet so they are pushing to get the funding situation straightened out. This should provide funds to solve the backhoe problem, take care of the bell tower, and possibly in the future, should there be a decision to expand the cemetery, to be able to use some of that money for purchase of land. Pennypacker said that decision is down the road but it is felt there are eight to 12 years left in terms of land available for sale. The last big plot of land is now being used at the rear of the cemetery, and that will also require money for roads and utilities.

Haywood asked which direction the cemetery would expand if that were to be considered. Pennypacker said going south would be the ideal situation but he did not know if that would be possible because that is Indian land and it may not be available.  Pennypacker said the decision of whether or not to operate a city cemetery is a decision by the City, so the decision to expand or buy land would be an option of the City to determine whether or not to provide that service, and it would be expensive.

Shanklin asked if the cemetery was treated like a step child as far as the backhoes and equipment, and if we have equipment on 6th Street that is better than that at the cemetery. He asked if we have about 20 backhoes. Baker said he was sure many of them would be better than the one at the cemetery, and the cemetery submits their budget request through the Parks & Recreation Department and it is reviewed and the funds available to them are considered. Baker said if they are proposing to buy the equipment from those funds, then it is historically not cut from the request; if it is to be bought from the general fund, it may be cut if that is necessary. Baker said basically their needs compete with those of all other city divisions, except for those exclusive fund items.

Pennypacker said the other departments have been very responsive in coming to their aid when their backhoe is down but they have still had cases where burials have been deferred, delayed because of the time it takes to get the other equipment. He said they put a backhoe into next year's budget with the assumption that they will separate the Cemetery Care Fund and the Perpetual Care Fund, which would then provide those dollars.

Mayor Powell asked if the Perpetual Care Fund would still have enough to be able to do what it needs to do. Pennypacker said there were only 58 perpetual care lots, and the interest from the Perpetual Care Fund can be used for things like the hand mowers and weeding and fertilizer.

Shanklin asked what a perpetual care lot is and why there are only 58 of them. Pennypacker said the term perpetual care means that the cemetery, in return for a fee, will provide special care for these lots and that includes fertilizing, watering and mowing by hand mower or push mower. Pennypacker said those were only sold for a limited period of time and it was discontinued due to the amount of personnel that would be required to provide the special care so it was not feasible but we are required to take care of those that did purchase this care.

Shanklin said he would like to see Joe Joiner go out to the cemetery himself and look at their backhoe and see if there is equipment on hand that can get the job done.

Baxter asked the status of getting the funds straightened out. Vincent said the Trustee has hired the auditor and we are waiting for his report. Pennypacker said it was thought that the answer might be received by the end of March. Baxter suggested an operable backhoe be provided and that it was bad business to have to delay a burial. Mayor Powell agreed and asked that Baker be notified if that comes up because we should not cause any further grief for families in those situations. Shanklin said there is a good chance that the City has a backhoe that is not being used that could be transferred. Devine said the one at the lake was not used 40 hours a year.

6.    Consider approving the request from Leadership Lawton/Fort Sill Class XI to proceed in a fundraising effort for a Greer Park pavilion construction project and to approve the conceptual plans and site location of the proposed pavilion. Exhibits: Construction Plans; Letter.

Gary Salva, Parks & Recreation Director, said Leadership Lawton/Fort Sill wishes to begin a fund raising effort to construct a pavilion and present it as a gift to the City, and they wish for it to be located in Greer Park. He said staff and the Parks & Recreation Commission have endorsed the proposal. Salva asked Council to endorse the concept of allowing them to raise funds and design a facility. The exact size of the pavilion would be based on the amount of funds raised.

7.    Consider a resolution making modifications and revisions to the City's existing general pay plan by adjusting the pay grades of Meter Reader and Meter Service Workers; providing for limitations; and establishing an effective date. Exhibits: Resolution No. 01-31; Salary Survey Spreadsheet.

Baker said Council considered the transfer of the meter readers and meter service workers from Finance to Public Works at its last meeting; there was discussion about some of the problems and one was in the area of compensation. He said he committed to bring an item at this meeting and recommended adjusting the pay grade for meter readers from G3 to G4, and meter servicemen from G4 to G5. This is a $50 to $60 bi-weekly increase for the incumbents. Baker said he had considered recommending raising it two grades, but when looking at other positions in the City service, he could not recommend that; for example, if the meter readers or repair workers were raised to G6, they would be making the same salary as the senior equipment operators, cement finishers and plant mechanics, so he would not recommend that but did recommend a one pay grade increase.

Baker said he will look at the positions in the budget and there may be some merit to combining the job duties into one classification so they can interchange when necessary for the operation. He said longevity pay for general employees is based on a factor times step f of a meter reader's salary. Baker said if this item is approved, another item will be needed in two weeks to adjust how the longevity is computed. If that is not done, the longevity for all general employees would go up about $50,000 per year total, so that needs to be addressed if this is approved.

Shanklin asked what they are being raised to. Baker said the meter readers are currently at G3 which is $638 bi-weekly and G4 would be $686 bi-weekly; G4 to G5 would be going from $686 to $737 bi-weekly at entry level. Baker said if you are at a higher step, it would be a little more of an increase and that he met with these employees and told them that if Council approved this that he would not back them down to a lower step; if they are G3 step c, they would move to G4 step c and they get a better increase if you do it that way.

Shanklin asked if they make around $9 per hour. Baker said the current hourly rate for meter readers is $7.97 and it will become $8.57; meter servicemen will go from $8.57 to $9.22 per hour at entry level. Shanklin said we are talking $9 per hour roughly at entry level plus perks, and he wanted the taxpayers to know that, and when it is bad weather, if you were in the private sector, you would not be getting a paycheck so it was not a bad job.

(Title only)                                                      Resolution No. 01-31

A resolution making modifications and revisions to the City's existing pay plan by adjusting pay grades of Meter Reader and Meter Service Worker; providing for limitations; and establishing an effective date.

8.    Consider authorizing a Resolution of Necessity for real property acquisition for the Meadowbrook Creek Local Flood Protection Project. Exhibits: Resolution No. 01-32.  

Vincent said we have had some discussion about the acquisition of eight properties in the Meadowbrook  Corps of Engineers Project, and we discussed some of this earlier this evening. He said we have eight houses, three of which are on the repetitive flood loss list, five of which are not on the repetitive flood loss list and they are needing to be acquired by the City as part of our match for the Corps of Engineers Project. Vincent said we did receive a letter on February 15 authorizing the City to pre-purchase those homes prior to signing the agreement with the Corps of Engineers, which is anticipated for late June or early July of this year. He said if we do purchase these homes, the Corps has assured us that we will get credit even though we do not have an agreement on file.

Vincent said on Friday about 2:00 we received the preliminary design for the Corps project and in reviewing that we have identified, and these are not houses, but there will be about 18 other property acquisitions in the Corps project in addition to these eight houses that we need to buy, but we do not know the depth or situation yet as the design does not have lot lines so that will have to be plotted to determine the effect on the properties on 18 other parcels of land.

Devine said these people have waited long enough and this will give them the opportunity to start looking for their new homes, and they have been several years waiting for this.

Shanklin asked the funding source. Vincent said the 1995 CIP. Shanklin asked how much is in there. Vincent said right now it is his understanding that there is approximately $1.7 million, that is our share of the project. Shanklin asked if that is for the entire project and Vincent said yes. Vincent said right now our requirement is our share is to obtain the right of way necessary for the completion of the Corps project so we would have these eight houses plus the other 18 properties that we have to deal with out of that $1.7 million. Shanklin said or find other money. Vincent said yes.

Shanklin asked if this acquisition means, if this passes, that they will go out there and make a contract with different individuals. Vincent said once the resolution of necessity is passed we are required to employ an appraiser, which we have under contract, he will appraise the houses and he has approximately 30 days to appraise it once we give him the go ahead for appraisal, once the appraisal is received we will start sitting down with the property owners and negotiate an agreement. Shanklin asked what we do when we run out of money on the project, what does the Corps do then, if we do not or cannot buy the other 18. Vincent said we have had some discussions on that and at the time we sign the PCA we will have to, we will have a better firm estimate from the Corps as to the total cost of the project, right now it is estimated that it is between $3.5 and $3.9 million, and our share of $1.7 is in that realm. Shanklin asked if Vincent was saying we have the money to buy all of these acquisitions. Vincent said we hope so, yes sir. Shanklin asked if it was with that $1.7 and Vincent said we hope so, including the other 18 parcels. Shanklin asked if Vincent believed that and he just saw the list showing $100,000 each and 18 times $100,000 is $1.8 million. Vincent said we are not having to buy 18 houses, we are only having to buy eight houses, plus parts of backyards and some temporary construction easements; some parcels may only have a two foot strip across the property.

Shanklin asked if in this Corps of Engineers project we do nothing with the Meadowbrook Bridge, or do we add any boxes. Ihler said nothing is planned. Shanklin said he knew this would probably pass but that he had been out there and south of the Meadowbrook Bridge 75 or 150 feet south of it the television taking a picture of it and when the water comes through those boxes there is a fall off of 15 to 18 inches because the water cannot get there. Shanklin said if we added another box ourselves, the water would be gone downstream, and they claim it probably loses ten feet on the golf course and he did not know why we would not address that but it is still a fact.

Baxter said he did not understand why we were buying eight houses when only three of them show up on the repetitive loss list. Ihler said the other five houses are also in the middle of a flood plain but in addition we need to remove those houses for the actual construction of the channel improvements; those five houses are now in the middle of where the channel will be constructed. Baxter said they are not flooding. Ihler said they would flood if we had the 10 year or 100 year storm. Shanklin said we have never had one yet, all of the rain we have had in the history of Lawton, Oklahoma, we have never had anything bigger than a one year flood. Baxter said he thought when we built the detention pond that this was supposed to solve some of these problems. Ihler said it did help with the problem, it reduced the flow by approximately 22% to 25% down Meadowbrook so that detention pond did help. Baxter asked if some of them would still flood and Ihler said yes. Baxter asked if eight of them would flood and Ihler said he did not recall the number right now.

Shanklin asked if when we do this are we assuming that we are passing the Corps of Engineers project. Baxter said that was what it looked like to him. Shanklin said he represented a special interest group, Ward 5, and there is flooding in their streets when there is a half inch rain and no one wants to pay any attention to it, but that is the special interest he represents, Ward 5.

Shanklin asked if we are saying we are entering into negotiations with the owners to buy these properties when we pass this resolution. Vincent said yes. Shanklin said regardless of all the rain we had in October and November and no one flooded, we say that we are going to accept that Detention B was 25% and that is through a model, but he did not know whether it was 5% or 75% and he did not know he could buy that. Shanklin said these people have been waiting a long time but he knew that some people bought there knowing it was flooding and now they want to sell out but they knew the house flooded when they bought it. Shanklin said what he was trying to get at was are we doing a double job here, we have done the detention pond and he did not know how many million that was but it may have been $1.5 million, we have Detention A that did the Wolf Creek West Branch, and then we have within the Meadowbrook group itself that they cannot get along together and there are those that want nothing done to Meadowbrook. Shanklin asked if we would be encroaching on those folks who did not want to have their trees taken out of their yards. Ihler said the alternative Council chose two years ago was to leave the middle portion between Meadowbrook Drive and Liberty as it is. Shanklin asked if the Corps bought into that. Ihler said the benefit to cost ratio was such that they could participate in the project.

Devine said when he came on Council he got in at the end of the Corps project on Meadowbrook. He said he listened to Council approve the Corps project, $1.7 million and move forward and now two years later we decide we want to start backing up on it. Shanklin said two years ago we did not have Detention B built and asked how many millions of dollars Devine wanted to throw at it. Devine said Shanklin voted for it and now wanted to vote against it. Shanklin said they were not doing anything to the Meadowbrook Bridge and he argued that back then.

VOTE ON MOTION: AYE: Moeller, Haywood, Smith, Hanna, Devine. NAY: Baxter, Shanklin. MOTION CARRIED. (Baxter and Shanklin passed during initial roll call.)

(Title only)                                                      Resolution No. 01-32

A resolution declaring the necessity for acquiring and owning real property described in Exhibit "A" attached hereto, for the Meadowbrook Creek Local Flood Protection Project and directing the City Manager to attempt to acquire said property by purchase and settlement of damages and authorizing the City Attorney to acquire the property by condemnation proceedings if it cannot be purchased.

9.    Consider approving a resolution declaring the dilapidated and hazardous condition of the structure and continuous accumulation of junk and debris and junk vehicles upon the property located at 312 SW Summit Avenue 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-____.

Vincent said he misunderstood direction on this item and had been requested to meet with Shanklin and Haywood about this property. He asked that the item be stricken.

ADDENDUM:

1.    Consider authorizing the Mayor to execute a "Certificate of Local Approval" (ODOC - 4) on behalf of the City of Lawton for an Emergency Shelter Grant Program to be submitted to the Oklahoma Department of Commerce by the Great Plains Improvement Foundation, Inc. Exhibits: Certification of Local Approval (ODOC - 4).

Baker said O'Dell Gunter asked that this be on the agenda because there is a deadline. There is approximately $886,000 in funding available state wide, and the local agency would like to apply for part of that funding. He said one of the requirements is that the local government approve the application.

CONSENT AGENDA:

10.    Consider the following damage claims recommended for approval and consider passage of a resolution authorizing the City Attorney to file a friendly suit for the claim which is over $400.00: Joe Serna, Hilliard C. and Alberta C. Wilson. Exhibits: Legal Opinion/Recommendation; Resolution No. 01-33.  Action: Approval of item. Wilson - $225.00.

(Title only)      Resolution No. 01-33

A resolution authorizing and directing the City Attorney to assist Joe Serna 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 Four Hundred Forty One Dollars and 00/100s ($441.00).

11.    Consider the following damage claim recommended for denial: Lawton Community Theatre. Exhibits: Legal Opinion/Recommendation. THIS ITEM WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

12.    Consider approving a resolution and warrant for Sasseen Realty Friendly Suit. Exhibits: Resolution No. 01-34; Warrant of Attorney.

(Title only)       Resolution No. 01-34

A resolution authorizing and directing the City Attorney to assist Sasseen Realty Group in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the amount of One Thousand Four Hundred Seventy Five Dollars and 00/100s ($1,475.00).

13.    Consider ratifying the action of the City Manager and the City Attorney in determining not to appeal the judgment in the Workers' Compensation case of Gary P. Jackson in the Workers' Compensation Court, case No. 2000-02-02162H. Exhibits: None.  Action: Approval.

14.    Consider authorizing the City to accept permanent and temporary easements in Block 7, Radio City  Addition, which have been donated by Green Family Investments L.P., an Oklahoma Limited Partnership, and authorize the Mayor and City Clerk to execute the acceptance. Exhibits: None.  Action: Approval.

15.    Consider authorizing the City to accept permanent easement in the SW/4 of Section 35, T2N, R11W, which has been donated by City National Bank and Trust Company, Trustee of the Ludwig M. Meiling Irrevocable Trust and authorize the Mayor and City Clerk to execute the acceptance.  Exhibits: None. Action: Approval. (NOTE: This easement was not received.)

16.    Consider approving the Third Amendment to the Lease Agreement between the City of Lawton and the Trustees of the Lawton Water Authority. Exhibits: None. (See Water Authority)  Action:  Approval.

17.    Consider a resolution authorizing the installation of traffic control devices at NW 31st and Arlington, NW 67th and Compass, and NW 40th and Columbia. Exhibits: Resolution No. 01-35.

(Title only)                Resolution No. 01-35

A resolution authorizing the installation and/or removal of traffic control devices at certain designated locations within the City of Lawton, Oklahoma.

18.    Consider requests for the installation of traffic control devices at NW Morningside Drive and Mimosa, 1400 Block of Ozmun, Ozmun and 26th, and NW 48th and Baltimore. Exhibits: None.  THIS ITEM WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

19.    Consider approving the Parks and Recreation Department's Five-Year Strategic Plan. Exhibits: Revised Executive Summary of Strategic Plan; Letter from City Planning Commission.  Action:  Approval.

20.    Consider approving a Cooperation Agreement between the City of Lawton and Jim Taliaferro Community Mental Health Center (JTCMHC) to provide services in overseeing rehabilitation contracts for renovation of three rental units to be used to house patients of the JTCMHC that have been diagnosed as severely mentally ill or dually diagnosed as recovering drug and/or alcohol dependent patients. Exhibits: None.  Action: Approval.

21.    Consider ratifying and approving an agreement with Mr. Granville Long for professional services. Exhibits: Retainer Agreement with Exhibits. Action: Approval.

22.    Consider authorizing acceptance of a letter from Richard L. Campbell, M.D., volunteering his services as the City of Lawton Fire Department's Medical Director. Exhibits: Letter; Title 63 State Statutes; Oklahoma Administrative Code sections.  THIS ITEM WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

23.    Consider approving plans and specifications for the Water Division Building Expansion Project #2001-05 and authorizing staff to advertise for bids. Exhibits: Map.  Action: Approval.

24.    Consider acknowledging receipt of permits from the Oklahoma State Department of Environmental Quality for the construction of sanitary sewer and waterlines with appurtenances to serve Boyles Landing Section 3. Exhibits: None.  Action: Approval.

25.    Consider acknowledging receipt of permits from the Oklahoma State Department of Environmental Quality for the construction of sanitary sewer and waterlines with appurtenances to serve Boyles Landing Section 4. Exhibits: None.  Action: Approval.

26.    Consider approving the following contract extensions: A) Collection of Overdue Utility Bills with Lawton Retail Merchants Association;  B) Scraper Tires and Service with T & W Tire. Exhibits: None.  Action: Approval.

27.    Consider awarding contract for Early Warning Siren System. Exhibits: Department Recommendation; Abstract of Bids.  Action: Award to Coast to Coast Communications, Inc.

28.    Consider awarding contract for Concession Operations - McMahon Park. Exhibits: Department Recommendation; Abstract of Bids. Action: Award to LaSill Optimist Club.

29.    Consider awarding contract for Concession Operations - Ahlshlager Park. Exhibits: Department Recommendation; Abstract of Bids.  Action: Award to Kiwanis Club of Northwest Lawton.

30.    Consider awarding contract for Crane Service. Exhibits: Department Recommendation; Abstract of  Bids.  Action: Award to Belger Cartage Service.

31.    Consider awarding contract for Backhoe/Loader. Exhibits: Department Recommendation; Abstract of Bids.  Action: Award to Lawton Tractor and Lift.

32.    Consider approval of appointments to boards and commissions.  Lawton Human Rights &  Relations Commission: Ollie Johnson, African American Representative, Term: 9/30/00 to 9/30/02; Janis Wermy, Native American Representative, Term: 9/30/00 to 9/30/02; Dan Martin, White Representative, Term: 9/30/00 to 9/30/02; Bobbi Whitson, Hispanic Representative, Term: 9/30/00 to 9/30/02; Ronald Ochis, White Representative, Term: 9/30/00 to 9/30/02; Turley Dalston, Disabled Representative, Term: 9/30/00 to 9/30/02

33.    Consider approval of payroll for the period of March 5 through 18, 2001. Exhibits: None.

Mayor Powell asked for separate consideration of Item 11. Smith asked for separate consideration of Items 18 and 22.

ITEM 11: LAWTON COMMUNITY THEATRE DAMAGE CLAIM.

Shanklin said this is a damage claim in the amount of $9,909.66 minus $210.55 which was for items that belonged to a private individual. He said there was two to three inches of sewage water in the LCT building as a result of the 18" bypass on the sewer rehab failing to function.

(Title only)                    Resolution No. 01-36

A resolution authorizing and directing the City Attorney to assist the Lawton  Community Theatre 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 Nine Thousand Six Hundred Ninety-nine Dollars and 11/100 ($9,699.11).

ITEM 18:  TRAFFIC SIGNAL REQUESTS

Smith requested favorable consideration of the requests for Stop Signs at the T intersections of NW 26th and Ozmun and at NW 48th and Baltimore. He said the Traffic Commission recommended denial of both of these items. Smith said drivers do not stop at these intersections and he lived near 48th and Baltimore and had been almost hit on seven occasions.

ITEM 22: MEDICAL DIRECTOR

Smith said citizens think we are hiring a doctor to take care of the firemen and he asked that Baker explain this item. Baker said the Fire Chief has had discussions with Dr. Campbell who has graciously volunteered to serve as the department's medical director for several months, possibly to the end of the calendar year. Baker said when you run an EMT service, such as our fire department does, you are required to have a medical director; we do not have a medical director and with Dr. Campbell volunteering, we would like for that to be approved. Baker said this is something we will have to address in next year's budget and may have to pay for this service after Dr. Campbell's stint.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.

LTC Puckett said Fort Sill would have two key leadership changes in the next five weeks; on March 22 BG Raulston will turn over the Chief of Staff duties to the Garrison Commander COL Rob Cline who will become the permanent Chief of Staff.  On April 19, the Garrison Commander duties will be turned over to COL George Stuber. Invitations are being sent out for the appropriate ceremonies.

Haywood said a neighborhood meeting was held at Patterson Center last Friday night. City personnel attended from Neighborhood Services, Sewer Rehab, Code Enforcement and Housing and Community Development, and Great Plains Improvement Foundation. Haywood thanked the departments for participating and said they seemed to enjoy themselves.

Shanklin said he ran into quite a few people on the fire station that became a political issue the last Council meeting and after reading the paper he was not so sure he was at the meeting and he had to explain that to different individuals and he wanted to explain it one more time. He said the survey they refer to as 1995 or 1996 and the paragraph said that they suggested that we move 52nd fire station a half a mile north, and 17th and Airport over to 17th Street to be on an arterial road, that refuses to get into the paper that those are the same recommendations from the same survey, and nowhere in the survey does it say anything about a four bay ladder apparatus facility; it says move 52nd north. Shanklin said we have got all out of context as to what we are going to do from the survey, that you are going to follow the survey and need to include all of it.

Shanklin said the population figures came out at 92,000 including Fort Sill and that should have a strong bearing on how we address and approach the budget in the next two months; we do not have the money that some of us think that we were going to have so we should think about that.

Shanklin said the water is still leaking from Comanche County Memorial Hospital and he was sure it would be leaking five years after he was gone. He said they said they would stop it and they still have not.

Shanklin said he would like for the City Manager to tell Council the disposition, at a later time, of Stan's Electric and what we did to punish his lack of adhering to the City Code. He asked if Council was privy to that and said he thought so. Baker said yes, Council is privy to it.

Baxter said there is a new director for the OSU Training Service and he had invited that individual to come to the City of Lawton and to do a new study on relocation of Fire Station 6. Shanklin asked if he was going to do it because he liked Baxter. Baxter said he was going to do it because he was asked nicely to come.

Moeller said a Ward 6 meeting was held and she thanked Baker, Ihler, Barrington and Adamson for attending and they handled it well. She said another meeting will be held in October.

Hanna said on March 23 at 6 p.m. at H.C. King Center will be a Ward 1 and 2 meeting combined. Hanna said he read all of the pamphlets that were put out on the recommendation on the location of Fire Station 5 and all the handouts and it did not say we had to move it north or had to move it south, but that it was recommended that we move it to a different location. He said it did not say we had to but it said we would recommend that.

Devine said he wanted to thank the Council, as the residents of Meadowbrook also would, for going ahead and proceeding with this project so they could get on with their lives and homes. He said they had waited a long time for it and appreciated it.

BUSINESS ITEMS:

34.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the pending tort claim of Michael D. Burch against the City of Lawton, and if necessary, take appropriate action in open session. Exhibits: None.

35.    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.

36.    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.

37.    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 City Council convened in executive session at approximately 7:35 p.m. and reconvened in regular, open session at approximately 8:15 p.m. with roll call reflecting all members present except Purcell.

On Item 34 the City Attorney reported that pursuant to Section 307B4, Title 25, Oklahoma Statutes, the Council convened in executive session to discuss the pending tort claim of Michael Burch against the City of Lawton. Vincent said we discussed this tort claim and he requested a motion to deny the claim.

On Item 35 the City Attorney reported that pursuant to Section 307B3, Title 25, Oklahoma Statutes, the Council convened in executive session to discuss the acquisition of Wanda Cantu's property in the vicinity of the Water Treatment Plant at Medicine Park. He said we discussed the purchase price of $67,975.00 and recommended approval of that purchase price and authorize the Mayor and City Clerk to execute the agreement.

On Item 36 the City Attorney reported that pursuant to Section 307B3, Title 25, Oklahoma Statutes, the Council convened in executive session to discuss the acquisition of property belonging to Jeremy Courtney in the vicinity of the Water Treatment Plant at Medicine Park. He said we discussed the purchase price of $90,200.00 and recommended a motion authorizing the acceptance of the contract in that amount and authorize the Mayor and City Clerk to execute the agreement.

On Item 37 the City Attorney reported that pursuant to Section 307B1, Title 25, Oklahoma Statutes, the Council convened in executive session to discuss the employment of John Kinslow as Municipal Judge for the City of Lawton. He said that was discussed and a proposed motion would be as follows: "that the Council acknowledge the filing of a verified written petition with the Office of the City Clerk against Municipal Judge John Kinslow to consider alleged misconduct in office as provided in Section 9-2-206, Lawton City Code, and that the City Attorney or his designee, and Judge Kinslow's representative, establish a date for the hearing which will be approved by the City Council at its next regularly scheduled meeting at a location to be announced, that the hearing shall constitute a special meeting of the City Council and that the petition shall be personally served on Judge Kinslow at least ten days prior to the hearing, and authorize the Mayor to take any administrative actions necessary to accomplish this."

Vincent said he would advise that Judge Kinslow and his representative were presented with the petitions.

There was no further business to consider and the meeting adjourned at 8:20 p.m. upon motion, second and roll call vote.