Meeting of 2008-2-26 Regular Meeting

Mayor Purcell called the meeting to order at 6:07 p.m. Notice of meeting and agenda were posted on the City Hall notice board as required by law. Invocation was given by Reverend Mike Murray, Lawton Heights Church of the Nazarene, followed by the Pledge of Allegiance.

Dick McKeen, Northwest Sheridan Watch, stated he would like to talk about things that are impacting his particular area. He stated the crime rate in 2006 was 38% over 2005. In 2007 it was 39% over 2006. Between 2005 and 2007 they are looking at a 77% increase. The crime rate in Lawton is too high. All he hears is about BRAC, 2 ^nd Street and urban renewal. He wishes they would stop using the term “infrastructure” and just explain the item instead of lumping it under infrastructure. They are going to have shortages in police and fire and those BRAC people are arriving. He understands there is a training facility in the works, but what are we going to do until then? They need to stop the bleeding. For those retiring, they need to give them a bonus to stay on. They need to recruit new officers and pay them what it takes to get them here.

Jackson stated that the City Council has added additional police and fire over the past two years. He stated they are doing as much as they can and will continue to put more police on the streets.

Troy Campain, 2334 SW Cornell, stated he lives in a little neighborhood behind the EZ-Go at 24 ^th and Gore. He stated there could be some measures put in place to secure the area better. Right now they have two No Thru street signs that are put too late in the neighborhood. The tributary to that street is 24^th Street and it splits off into Cornell. His concern is that he had a truck drive down 24^th Street and hop the curb. There is a pedestrian bridge that goes north and south and the truck barely got shut down ten feet from that bridge. They really need a Dead End sign and move one of the No Thru signs up onto 24^th Street. In a separate incident he had a car go into his yard.

Curnal Butler, 7507 NW Willow Creek Drive, stated he has a problem with grass. He mowed on February 9 ^th and put his grass out on the curb on February 11^th and no one picked it up. They emptied his cart, but left his bags. He talked with staff and was informed that he could buy more carts. He is not going to buy more carts. If we cut service, we need to cut the bill. He has five other properties in Lawton and he can take those bags and they will be picked up, but will not be picked up at his home.

Mayor Purcell stated the City Council has decided what trash will be picked up and a cart is provided to citizens for free. He can rent or lease a cart for $5 more a month and they will pick up that second cart. He stated compared to other cities, we charge $12.17 a month to pick up trash at a home twice a week. Many cities pick it up only once a week and the cost is in the neighborhood of $30-$40.

Mr. Butler stated he has one more issue. There is a park behind his home with school land on the west end. On August 21 ^st he and his wife were sitting on the patio and someone drove a golf ball and hit the column on his patio. He thought someone had shot a weapon. He does not know how his wife kept from getting hit. He has spoken with Councilmember Patton and his wife has called the City Manager who told her he would speak to the City Attorney and get back with her. No one has contacted him and he feels he is being ignored. He stated this grass issue is going to bet bigger and bigger. It is not right to cut the service for the same cost. He stated there will be more trash accumulating on the outskirts of town.

Jose Vazquez, 2903 NW Arlington, stated the residents in the neighborhood would like to see the yield sign that runs east and west changed to stop signs. They have had numerous accidents, the latest being February 6 ^th at 5:20 p.m. In one month there were three accidents. Even the police officer that worked the last accident stated that this is a bad intersection. He cannot believe there has not been a fatality. He has contacted the city planner in the past and was advised that the request was not warranted.

Trevor Strupp, 419 SW 79 ^th Street, stated he has purchased a VA repossessed home that was vacant for over five years. He has done some renovations in the home and in the back yard but did not obtain a permit. He met with staff from License and Permit Division and is hearing the possibility of a $300 fine for late fees and a $500 variance request to leave his shed where it is. He replaced a patio roof cover. The fence is on an easement and he did not apply for a revocable permit before it was in place. He went off some bad information from his neighbor regarding the placement of the fence. He has made significant improvements and he would like to make it right. He needs to know what he needs to do to be able to keep his shed where it is because it is on a concrete slab that is two feet thick.

Patton stated he requested Mr. Strupp come before the City Council. He remembered when the City Council approved the issue of revocable permits, but he did not remember the fee amount. He questioned if the fee was $500.

Vincent stated there are issues involved with not applying for a building permit and then getting a retroactive permit and having to have retroactive inspections. One of the issues is the concrete slab on the easement. We do not give revocable permits for concrete slabs, but they will have to take a look at the surveys.

Shanklin stated there are thousands of places in town like this and he will support Mr. Strupp all the way. He does not feel this is right because all he is trying to do is dress up his house and use his property.

MOVED by Warren, SECOND by Patton, to approve the minutes of February 5 and 12, 2008 as amended. AYE: Patton, Haywood, Warren, Hanna, Drewry, Jackson, Shanklin. NAY: None. MOTION CARRIED.

CONSENT AGENDA: The following items are considered to be routine by the City Council and will be enacted with one motion. Should discussion be desired on an item, that item will be removed from the Consent Agenda prior to action and considered separately.

MOVED by Warren, SECOND by Drewry, to approve the Consent Agenda with the exception of items #2, #7, #11 and #17. AYE: Haywood, Warren, Hanna, Drewry, Jackson, Shanklin, Patton. NAY: None. MOTION CARRIED.

2. Consider the following damage claims recommended for denial: William B Stearns in the amount of $2,400.00 and Kyong and Stoney Teeter in the amount of $11,436.34. Exhibits: Legal Opinions/Recommendations.

Vincent stated staff has discovered additional information on the Stearns case and request that this item be tabled for further investigation. He stated in regards to the Teeter claim, staff has been unable to get a hold of the Teeters for the last two weeks and the letter of notice was returned as undeliverable. Staff is trying to contact them and they did not get notice of tonight’ s meeting. He would like to table this claim also. He requested they be tabled individually so that staff can bring them back when ready.

MOVED by Warren, SECOND by Drewry, to table the claim of William B Stearns in the amount of $2,400.00 AYE: Warren, Hanna, Drewry, Jackson, Shanklin, Patton, Haywood. NAY: None. MOTION CARRIED.

MOVED by Drewry, SECOND by Hanna, to table the claim of Kyong and Stoney Teeter in the amount of $11,436.34. AYE: Hanna, Drewry, Jackson, Shanklin, Patton, Haywood, Warren. NAY: None. MOTION CARRIED.

3. Consider approval of the Retainer Agreement for Legal Services between the City of Lawton and the Center for Economic Development Law and authorize the Mayor and City Clerk to execute the Agreement. Exhibits: Retainer Agreement for Professional & Legal Services on file in City Clerk’ s Office.

4. Consider approving the Contract for Sale of surplus property located at 617 SW 26 ^th Street to Johnny Owens, in the amount of Two Thousand And No/100 Dollars ($2,000.00), and authorize the Mayor and City Clerk to execute the Contract for Sale and a Quit Claim Deed. Exhibits: The Contract for Sale and Quit Claim Deed are on file in the City Clerk’ s office.

5. Consider approving the Contract for Sale of surplus property located at 203 SW 17 ^th Street/1706 SW B Avenue to Keith Aycock, in the amount of Fifteen Thousand And No/100 Dollars ($15,000.00), and authorize the Mayor and City Clerk to execute the Contract for Sale and a Quit Claim Deed. Exhibits: The Contract for Sale and Quit Claim Deed are on file in the City Clerk’ s office.

6. Consider a modification to the Tourism, Economic and Industrial Development Agreement with the Lawton Fort Sill Chamber of Commerce & Industry to only require maintenance of separate bank account of Hotel/Motel funds when an advance of Hotel/Motel funds are provided to the Chamber. Exhibits: Letter from Dana Davis, Copy of Agreement.

7. Consider approving the final plans and bid specifications prepared by Meyer Architecture Plus for Phase II of the Central Junior High School Restoration Project and authorize the City Manager to proceed with a bid solicitation notice and advertisement for bid. Exhibits: Lawton Bid Summary from Gary Armbruster, Meyer Architecture Plus dated 2/19/08, News Release from AEP/Public Service Company of Oklahoma, Letter requesting release of funds from CCIDA dated 1/31/08, Agenda item from 9/27/07 City Council Meeting and Agenda item from 11/28/06 City Council Meeting.

Mitchell stated in the background of this item it is noted that there are three revenue sources. The majority of the revenue comes from the 2005 CIP program. They have also secured a $500,000 matching grant from the Comanche County Industrial Development Authority. The remaining $125,000 comes from AEP Foundation, which was a grant submitted by the local office. Keith Catron, from AEP/PSO, presented a check to Mayor Purcell.

Mr. Catron stated that Public Service Company of Oklahoma is a subsidiary of American Electric Power and the foundation has watched with great interest the renovation of Central Junior High School.

Mitchell stated this is important for two reasons: one is that the City of Lawton has a great working relationship with AEP/PSO and we are excited that they are willing to help in the renovation of this worthwhile project and also the $125,000 put us over the top in matching the money from the CCIDA. Without this contribution we would not have been able to secure the money from CCIDA.

Mitchell stated upon approval of this item, Meyer Architecture will release the notice of bid on March 4 ^th. There will be a pre-bid conference and tour scheduled for March 13^th.

MOVED by Warren, SECOND by Haywood, approve the final plans and bid specifications prepared by Meyer Architecture Plus for Phase II of the Central Junior High School Restoration Project and authorize the City Manager to proceed with a bid solicitation notice and advertisement for bid. AYE: Hanna, Drewry, Jackson, Shanklin, Patton, Haywood, Warren. NAY: None. MOTION CARRIED.

8. Consider ratifying the actions of the Lawton Water Authority concerning a resolution authorizing a financing arrangement with the Oklahoma Development Finance Authority (OFDA) for the financing of the BRAC related improvements to be financed with the proceeds of the 3/8 ^th cent sales tax approved by the voters on October 9, 2007; and containing other provisions related thereto. Exhibits: Resolution No. 08- .

9. Consider allowing the Parks & Recreation Department to co-sponsor with the Lawton Chamber of Commerce and American Legion a series of softball/baseball tournaments for the season of 2007-2008. Exhibits: None.

10. Consider approving the standard lease agreement for use of the Elmer Thomas Park/ Lake Helen Stage area on May 17th, 2008 with the Lawton/Ft. Sill Chamber of Commerce. Exhibits: Standard Lease Agreement with Lawton/Ft. Sill Chamber of Commerce.

11. Consider granting the Boys Scouts of America Last Frontier Council permission to hold a day camp to include instructional canoeing sessions on Lake Helen and a night of overnight camping in Elmer Thomas Park on June 8-14, 2008. Exhibits: Letter of request from Last Frontier Council. THIS ITEM WAS STRICKEN

12. Consider approving the standard lease agreement for use of the Elmer Thomas Park/ Lake Helen Stage area on July 4, 2008 with First Assembly of God-Lawton. Exhibits: Standard Lease Agreement with First Assembly of God-Lawton and Letter of request from First Assembly of God-Lawton.

13. Consider accepting Oklahoma Arts Council grant of $2,500 to complete funding for the Big Read Program. Exhibits: The Oklahoma Arts Council Grant agreement is on file in the City Clerk’ s Office.

14. Consider accepting the 8-inch waterline located on the east side of Simpson Street between SW B and SW D Avenues constructed to serve PSO, an escrow agreement in lieu of completed minor improvements, and a maintenance bond. Exhibits: Location Map.

15. Consider acknowledging receipt of a Tier I permit from the Oklahoma Department of Environmental Quality for the construction of 925 linear feet of 8-inch PVC sewer line and all appurtenances to serve Bilbrey’ s East Plaza located north of SE Lee Boulevard, east of SE 36 ^th Street in the SW/4 of Section 34, T2N, R11W, I.M., Comanche County, Oklahoma. Exhibits: Permit to Construct on file in the City Clerk’ s Office.

16. Consider acknowledging receipt of a Tier I permit exception from the Oklahoma Department of Environmental Quality for the construction of 95 linear feet of 6-inch HDPE water line and all appurtenances to serve the building located at #1 SW 11 ^th Street, located in the SE/4 of Section 25, T2N, R12W, I.M., Comanche County, Oklahoma. Exhibits: Permit Exception on file in the City Clerk’ s Office.

17. Consider acknowledging receipt of a Tier I permit from the Oklahoma Department of Environmental Quality for the construction of 4,390 linear feet of 8-inch PVC water line plus 3,540 linear feet of 12-inch PVC water line and all appurtenances and a Tier I permit for the construction of 5,140 linear feet of 8-inch PVC sewer line and all appurtenances to serve Rolling Hills Addition, Part 4, located north of Bishop Road, west of SW 38 ^th Street in the SE/4 of Section 3, T1N, R12W, I.M., Comanche County, Oklahoma. Exhibits: Permit to Construct on file in the City Clerk’ s Office.

Richard Rogalski, Planning Director, stated a Tier I permit is simply a permit from the Oklahoma Department of Environmental Quality to construct. Every public facility that all of the developers put in must apply for the permit to construct from ODEQ for any main extension, sewer or water.

Mitchell stated it basically requires the city and developer to submit a set of plans to ODEQ for their review and sign off. We get to pay a fee to ODEQ to have them check off on the plans.

Shanklin stated since he saw the 4,390 feet that it was moving away from contiguous developments, so they have to pay for all of it. When it gets developed in between and that line has to be used, these people have to help pay for it. He questioned if we had a program like this.

MOVED by Shanklin, SECOND by Haywood, to acknowledge receipt of a Tier I permit from the Oklahoma Department of Environmental Quality for the construction of 4,390 linear feet of 8-inch PVC water line plus 3,540 linear feet of 12-inch PVC water line and all appurtenances and a Tier I permit for the construction of 5,140 linear feet of 8-inch PVC sewer line and all appurtenances to serve Rolling Hills Addition, Part 4, located north of Bishop Road, west of SW 38^th Street in the SE/4 of Section 3, T1N, R12W, I.M., Comanche County, Oklahoma. AYE: Drewry, Jackson, Shanklin, Patton, Haywood, Warren, Hanna. NAY: None. MOTION CARRIED.

18. Consider acknowledging receipt of a Tier I permit from the Oklahoma Department of Environmental Quality for the construction of 3,800 linear feet of 8-inch PVC water line plus 1,515 linear feet of 10-inch PVC water line and all appurtenances and a Tier I permit for the construction of 6,779 linear feet of 8-inch PVC sewer line and all appurtenances to serve Regal Estates, Part 6, located south of East Gore Boulevard, west of S 45 ^th Street in the NE/4 of Section 34, T2N, R11W, I.M., Comanche County, Oklahoma. Exhibits: Permit to Construct on file in the City Clerk’ s Office.

19. Consider acknowledging receipt of a Tier I permit from the Oklahoma Department of Environmental Quality for the construction of 328 linear feet of 8-inch PVC sewer line and all appurtenances to serve Katy Ridge located east of NE Flower Mound Road, approximately ½ mile north of East Gore Boulevard in the SW/4 of Section 27, T2N, R11W, I.M., Comanche County, Oklahoma. Exhibits: Permit to Construct on file in the City Clerk’ s Office.

20. Consider accepting warranty deeds and easements from property owners for right of way needed for the NW 67 ^th Street Reconstruction (Cache Road to Rogers Lane) Project #2003-7, authorizing the Mayor and City Clerk to execute the documents and authorizing payments for same. Exhibits: Settlement Table. Documents are on file in the City Clerk’ s office.

21. Consider accepting an agreement and easements from property owners for right of way needed for the Water Infrastructure Improvement Phase 1a (Gore Blvd) 12” Waterline Project #2006-17, authorizing the Mayor and City Clerk to execute the agreement and easements, authorizing payments for the same and authorizing the Mayor to sign a thank you letter for the donated property. Exhibits: Location Map, Thank you letter. Easements are on file in the City Clerk’ s office.

24. Consider providing staff direction to develop a contract with the Lawton Heritage Association to provide financial assistance for the Historic Mattie Beal Home located at 1006 SW Summit Avenue. Exhibits: Letter from Ralph Blodgett and Legal Opinion No. 05-10.

Vincent stated that Councilmember Jackson requested this item after the receipt of a letter from the Mattie Beal Home requesting assistance with the utility bills. He stated there is also a legal opinion written on a similar request in 2005. Basically they can develop a contract to provide this assistance. The biggest hang up is that the Mattie Beal Home is only open one day a month which makes it border line as a tourist attraction. The money would have to come from hotel/motel funds and they have to work out some kind of arrangement with the Lawton Heritage Association to figure out a way to make this fit into the parameters of what we need to do.

Drewry stated she is all for this request, but she is concerned that they will open the door for more people to come in and request money. She stated they need to tie it in with the fact that it is a tourism location so they are not giving money out of this account for everything.

Jackson stated the Mattie Beal Home is the most important structure in Lawton. It is the reason Lawton is here today. He urged the Council to support this issue and maybe support it in the future to a greater extent. He stated they need help to maintain this facility.

Haywood stated he talked with Ralph Blodgett from the Lawton Heritage Association and was told that the home was built from 1907-1910. He stated this is his ward and he is very protective when it comes to his ward and he would put his blessing on this issue. He stated that not everyone would qualify to receive money and this is completely different.

Warren stated he does not have an issue with this request, but he does have issues with what is getting ready to come down the pike. He can foresee numerous groups coming before the City Council with as much influence on tourism as this entity. They will have to tell them yes also or they will tell them no and explain why they don’ t deserve it and the Mattie Beal Home does. He wished they could do a little research of other cities who maintain mansions and how they pay for those. He stated an example would be the Marland Mansion in Ponca City. It would be interesting to see how they pay their bills.

Mayor Purcell questioned if the City Council is telling the City Attorney to draw up a contract to pay utilities or to finance something at Mattie Beal that they may need money for. It seems that if they are trying to help the Mattie Beal Home and preclude them from paying utility bills for everyone else that is going to come in, they would be better off having the City Attorney draw up the contract in such a way that it gives a fixed amount every year to do something. He stated this would free up money they are using to pay their own utility bill. This would get the City out of the utility bill business, which they will be in if they are not careful.

Jackson stated when this request originally came to him he asked the City Attorney what would be the proper way to approach this. He simply wanted some operating monies to go to the Mattie Beal Home because they needed help.

Vincent stated he was going by the letter from Mr. Blodgett which asked for help in providing financial assistance for their efforts to maintain the Mattie Beal Home. With that request he was going to draft a contract similar to the Museum of the Great Plains support agreement which is a fixed amount and they will list the things that they are allowed to do with the money. He stated he would work with Mr. Blodgett to come up with the appropriate items.

MOVED by Shanklin, SECOND by Jackson, to direct staff to bring back an agreement providing Mattie Beal Home with $5,000 for operational costs to be paid out of hotel/motel funds. AYE: Jackson, Shanklin, Patton, Haywood, Warren, Hanna, Drewry. NAY: None. MOTION CARRIED.

Jackson stated he has been asked what has been going on with the downtown redevelopment and where they are at. He stated there was a nice article in Sunday’ s paper that answered a lot of those questions. He requested the City Manager elaborate.

Mitchell stated he was asked about the feasibility study and last year when they discussed the Chamber’ s budget they talked about setting aside $50,000 for a feasibility study for a convention center, civic center and some type of sports facility downtown. He stated he believes the Chamber is proceeding with an RFP to solicit proposals from firms who could do the feasibility study for us.

Jackson stated that Ardmore has a beautiful convention center that is booked solid and heavily used. We have nothing like this and it is time that we do have something like this. He does believe the tie in with a sports arena needs to go at the same time. He requested that the general public be kept up to date.

26. Discuss the merits of producing a City Information Guide for new residents and determine a possible general fund revenue account to cover the first issue. Exhibits: None.

Jackson stated the City of Ardmore has produced an information booklet about each department and what it can do for the public. It is also has sanitation routes and answers a lot of questions that people would have. The City of Ardmore had 15,000 printed up and distributed one to every utility holder in the city of Ardmore. Now they reproduce about 1,000 annually to give out to the new utility holders.

Patton stated he also feels this is a wonderful idea. He had a conversation with a constituent who suggested that it would be great if new residents had something to clue them in to what is going on. Something like that would be ideal.

Warren stated they basically have all of this information in data form. It would just be a cut and paste as far as the words go. They could probably do the graphics in house. He stated he looked at a company that he knows prints magazines and you can get 5,000 – twenty page, nice quality magazines for about 71 cents a piece. When you up it to 15,000, 20,000 or 30,000 you will get them for 34 to 48 cents a piece.

Jackson stated a few months ago he made contact with a company that produces overhead signs that are being used in Oklahoma City and Tulsa which are used for Amber Alerts and road and highway conditions. He stated he, the City Manager and Councilmember Shoemate went to a presentation put on by the company that makes these signs. It is a high tech, high quality sign that hangs over the highways or on the side of the highways, but they are not cheap. He stated at the presentation they were told that many of the signs in Oklahoma City and Tulsa were funded by the Oklahoma Department of Transportation. He suggested the City Council pursue this idea because it would be beneficial to the public.

28. Consider approving a credit adjustment in the amount of $3,575.30 to William Herring’ s utility account #0302039839 for the property at 102 NE 20 ^th Street for an undetected, underground leak on the customer’ s water service line. Exhibits: Billing statement from Ken’ s Plumbing dated 10/09/2007 and Copy of Mr. Herring’ s utility bill.

Rick Endicott, Finance Director, stated this is one of the accounts that had an undetectable underground water leak some time ago. At that time it did not qualify. The code has now been changed and this adjustment would now qualify.

MOVED by Drewry, SECOND by Jackson, to approve a credit adjustment in the amount of $3,575.30 to William Herring’ s utility account #0302039839 for the property at 102 NE 20^th Street for an undetected, underground leak on the customer’ s water service line. AYE: Shanklin, Patton, Haywood, Warren, Hanna, Drewry, Jackson. NAY: None. MOTION CARRIED.

Drewry thanked Councilmember Jackson for some great things on the agenda tonight and points for them to consider and work on. She thanked him for all that he has done for the past three years.

Patton thanked Councilmember Jackson for all of his hard work especially when the water line broke in east Lawton and he looked out for all of his constituents. He stated that he went to a Cavalry game and he hopes the residents of Lawton are getting out and supporting the season. It is a really great thing for Lawton.

Haywood stated that yesterday on February 25 ^th Councilmember Shanklin turned 75 year old. He wished him a happy birthday. He stated on Friday at 7:00 p.m. at the Patterson Center, Odell Gunter will be having his second retirement party. Mr. Gunter is a retired school teacher and was a heck of a counselor at McArthur. He stated they are going to miss Councilmember Jackson but will also welcome Mr. Burk.

Warren stated he has appreciated working with Councilmember Jackson, especially on E-911 issues. He stated it shows that you can be opposed to each other, but they can get along when needed. He appreciated everything Councilmember Jackson has done.

Mayor Purcell stated last week a long time city employee, Tommy Griffith, passed away. He did a great job in this community. He congratulated Fire Chief Bart Hadley, who is now the head of United Way for the next year. He stated tomorrow he will be traveling to El Paso to brief 131 families from the 31 ^st Air Defense Brigade who are moving to Lawton sometime this summer.

Haywood stated yesterday Todd Aubrey was buried. He was 37 years old. He serves with his brother David on the Airport Authority. Mr. Aubrey was a terrific guy and he expressed his sympathy to the Aubrey family.

The Mayor and Council convened in executive session at 7:23 p.m. and reconvened in regular, open session at 7:51 p.m. Roll call reflected all members present excluding Shanklin.

29. Pursuant to Section 307B. 4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss negotiations between the City and the AFSCME employees group, and if necessary, take appropriate action in open session.

30. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the unfair labor practice filed against the City, AFSCME vs. City of Lawton, PERB No. M008-PPC, and take appropriate action in open session. Exhibits: None.

31. Pursuant to Section 307B.1, Title 25, Oklahoma Statutes, consider convening in executive session to review the employment of Traci L. Hushbeck as City Clerk, and in open session take other action as necessary. Exhibits: Employment Agreement Summary.

Mayor Purcell read the title of item #31. He stated the City Council will amend her employment contract for next year which will include an increase in vacation time and an increase in salary by $2,000. He stated everyone is extremely happy with the great job that Traci does. She does a great job dealing with the public and also taking care of the City Council.

MOVED by Hanna, SECOND by Drewry, to approve an amendment to the employment contract with Traci Hushbeck, City Clerk. AYE: Hanna, Drewry, Jackson, Patton, Haywood, Warren. NAY: None. MOTION CARRIED.