MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

APRIL 13, 2010 –  6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor Fred L. Fitch                    Also Present:

Presiding                        Larry Mitchell, City Manager

                            Frank Jensen, City Attorney

                            Traci Hushbeck, City Clerk

Mayor Fitch called the meeting to order at 6:00 p.m. Notice of meeting and agenda were posted on the City Hall notice board as required by law.   Invocation was given by Pastor Rodney Mitchell, Agape Faith Worship Center, followed by the Pledge of Allegiance.

ROLL CALL

PRESENT:                Bill Shoemate, Ward One  

Michael Tenis, Ward Two

Janice Drewry, Ward Three

Jay Burk, Ward Four

Robert Shanklin, Ward Five

Richard Zarle, Ward Six                    

Stanley Haywood, Ward Seven    

                    Doug Wells, Ward Eight

ABSENT:                    None

PRESENTATION TO LAWTON POLICE DEPARTMENT FROM MIDDLE LEAP CLASS FROM EISENHOWER MIDDLE SCHOOL

Courtney Ferguson, Donna Krizz and students from the Middle LEAP class from Eisenhower Middle School presented handmade stuffed animals to Chief Ronnie Smith, Lawton Police Department.

AUDIENCE PARTICIPATION:  

Andrea Decker, 2710 SW J Avenue, stated she would like to discuss the proposed bike path on Ferris Avenue.   She stated she is concerned about the disruption that was caused by the Friends of the Trail when they were exiting the meeting on March 9 ^th.  The bike path issue has peaked her interest.  She stated the deterioration of Lawton has been ongoing.   She is not against a bike path if it makes sense and she feels this one does not make sense.  She stated the plan was for citizens to drive to Elmer Thomas Park and park their cars and then start on the bike path.  She suggested they drive to Walmart on Quanah Parker and they could go straight out to the Wichita Mountains and it would not cost the citizens a dime.

Ms. Decker distributed a packet to the City Council regarding the bicycle path and lane changes.

Mayor Fitch stated that Councilmembers Drewry and Tenis have been appointed to meet with the design committee to give input for the final recommendations.

Delores Raphel, 329 SW 71 ^st Street, stated she received a ten day notice from the Sewer Construction Division directing her to remove a shed and rear fence located on the easement.  She submitted a copy of a survey of her property which was done in 1986. The survey was done after she purchased the property.  The survey certifies that there are no encroachments across property lines.   The sewer line is located in the southeast corner of the property which is encroaching on her property.  She stated the City of Lawton should have known for four years the mandate for the sewer rehab project.  The City has known as early as last summer that the sewer rehab project would take place in her neighborhood at this time.   She feels it was unfair to only allow property owners ten days notice.  She feels they should receive 30-60 days written notice.  She stated any damage done as a result of replacing or maintaining public utilities not encroached on utility easements should be the responsibility of the City of Lawton, not the property owner.

Mayor Fitch stated the Public Works Director and City Manager have taken notes regarding her situation.  He suggested Ms. Raphel contact the City Manager’ s office to schedule an appointment.

Ms. Raphel distributed copies of the survey.

Samella McWilliams, 333 SW 71 ^st, stated she is also very concerned about what will be going on in her neighborhood.  She stated that she was told her fencing must come down and the City of Lawton will not be responsible for replacing it.   She stated it needs to be made clear why the City of Lawton will not be replacing the fencing.  She and her husband do everything to maintain their property and she does not want to have to pay to have her fence put back up.

Mayor Fitch suggested Ms. MacWilliams also attend the meeting with the Public Works Director and the City Manager.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR MEETINGS OF MARCH 9 AND MARCH 23, 2010.

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.

Wells requested items #7, #8 and #11 be considered separately.

1.         Consider the following damage claims recommended for approval and consider passage

of the resolutions authorizing the City Attorney to file a friendly suit for the claims which are over $400.00: Helen and Danny Self in the amount of $500.00 (Res. 10-28), Jonathan Timms in the amount of $1,822.96 (Res. 10-29) and Ricky and Theresa Perrin in the amount of $1,200.00 (Res. 10-30).  Exhibits:  Legal Opinions/Recommendations, Resolution No.____, Resolution No._____, Resolution No._____.                                           

2.    Consider the following damage claim recommended for denial:  Alisha Peckinpaugh in the amount of $1,243.81.  Exhibits: Legal Opinion/Recommendation.                     

3.    Consider approving a new lease agreement between the Robert E. Greiner School for the Handicapped and the City of Lawton for the use of leased premises located at 10 SE ‘ B’  Avenue for the care and education of disabled persons, and waiving past rent in the amount of $1,020.00 in consideration of past repairs and/or maintenance to the leased premises.  Exhibits: Lease Agreement is on file in the City Clerk’ s Office.             

4.    Consider adopting a resolution ratifying the action of the City Attorney and the City Manager in directing our third party administrator to make payment on the judgment in the Workers' Compensation case of Eddie Dean Roberson in the Workers' Compensation Court, Case No. 2009-00293R.  Exhibits: Resolution No. 2010-31.                   

5.    Consider approval of the Retainer Agreement for Professional Services with Jennifer Cargill, to provide professional services to the City of Lawton, and authorize the Mayor and City Clerk to execute the Agreement.  Exhibits: Proposed Agreement.             

6.    Consider approving the recommendation for a request of The Compassionate Friends organization requesting approval of the construction and location of a Children’ s Memorial at Elmer Thomas Park to be sponsored by the Compassionate Friends organization.   Exhibits: Letter from The Compassionate Friends and Park Map for the Memorial Site.                                             

7.        Consider approving the lease agreement between the City of Lawton and the Comanche County Nutrition Project Authority.  Exhibits: Lease Agreement.                    

Wells stated this organization provides various services to our senior citizens.  He stated this organization received a 30% cut so far in their budget from the state.   He feels this is a great program and he would like approve this with some changes.  He suggested section 8 should read “all utilities services shall be provided by the City at no cost to the Authority”.  He would like to delete the last sentence which states that the authority will reimburse the City for electric and natural gas services and also delete the amount identified for H.C. King Center and the Patterson Center.

Mitchell stated several years ago the Council decided to discount the rate paid by the authority, but for the most part over the past twenty years the authority has been paying the utility bills.  He stated he feels there should be some discussion with the County because he feels if they are going to cut the utility expenses to the nutrition centers, then the County should bear part of the expense.  

Tenis stated he agrees with the spirit in which this is done, but he does feel that the County needs to cover their fair share.  If this is approved tonight it is a done deal.

Wells stated he would withdraw his previous motion and the City Manager can speak with the County Commissioners about this issue.

8.    Consider awarding a construction contract to S Construction, Inc. for the Intermodal Transportation Museum Project (F.A. Project No. STP-116E(130)EH). Exhibits: Bid Tabulation, Project Map, Award Recommendation and ODOT Letter of Concurrence.

Wells questioned if once this was awarded, would they be submitting reimbursement from the grant to pay back the $400,000 owed to the City.

Mitchell stated yes.  As the project gets constructed, monthly requisitions will be submitted to the State and we will be reimbursed for the portion of the work that has been done.

Mayor Fitch questioned the time frame of the project.

Richard Rogalski, Planning Director, stated the project should be completed in 180 days.

Shanklin questioned the meaning of “intermodel”.

Rogalski stated the museum will show children how things get from one place to another. Things may go from a ship to a train to a truck.  That is intermodel transportation.  

Shanklin questioned what they are going to build that will cost $340,000.

Rogalski stated the project consists of renovation of the Elgin train depot which sits behind the museum.  That building will be converted into a museum exhibit to show children the nature of the rail and how all of the systems work together.  This will show how freight and people move across the country.  He stated over $200,000 will be spent to renovate the building.  The other $140,000 will be put towards the exhibits.

Mayor Fitch stated this is a federally funded transportation enhancement grant of 80%, and $400,000 will be from the federal government and the McMahon Foundation is matching the rest.  The City of Lawton will not spend any money.

Mitchell stated the City of Lawton put the money up because we are the grant recipient.

                                                        

9.    Consider releasing the performance bond for street and drainage improvements in Dove Creek Addition, Part 2, and accepting street and drainage improvements and maintenance bond.  Exhibits: Plat Map.  Maintenance Bond on file in City Clerk’ s Office.         

10.    Consider approving an agreement with Stearns, Conrad and Schmidt Consulting Engineers, Inc. d/b/a SCS Engineers for professional engineering services for the Landfill Gas to Energy Feasibility Study Project #2010-5.  Exhibits: Agreement is on file in the City Clerk’ s office.                                            

11.    Consider accepting a professional services agreement with Karol S. Zea of Zea Company, Incorporated for appraisal services, and authorize the Mayor and City Clerk to execute the agreement.  Exhibits: Professional Services Agreement is on file in the City Clerk’ s office.                                                    

Wells stated several months ago he requested that agenda commentaries include the amount of the cost of the contract.  He requested that staff include this information.

Mitchell stated they do not always know the cost, but they can include an estimate.

12.    Consider accepting a warranty deed and a temporary easement from Vickie N. Barney, Trustee of the Vickie N. Barney Revocable Trust for right of way needed for the NW 38 ^th Street (Gore Blvd. to Cache Road) Project #2006-7, authorizing the Mayor and City Clerk to execute the documents and authorizing payment for the same. Exhibits: Warranty deed and temporary easement are on file in the City Clerk's office.         

13.    Consider adopting a Resolution authorizing the installation of traffic control measures on SE Caber Circle at the intersection of SE Aberdeen Avenue.  Exhibits: Traffic Commission Minutes, Traffic Issue Requests, and Resolution No. 10-32.             

14.    Consider extending (RFPCL08-063) Workers Comp Admin Services to United Safety & Claims, Inc of Tulsa, OK.  Exhibits: Department Recommendation, Price Sheet, Contract Extension Form.                                                     

15.    Consider awarding (CL10-032) Nuisance Abatement-East Side to JM Lawn Services of Lawton, OK.  Exhibits: department recommendation, abstract of bids.                         

16.    Consider extending (RFPCL06-055) HVAC Services to Johnson Controls of Oklahoma City, OK.  Exhibits: Department Recommendation, Price Sheet, Contract Extension Form.

                                

17.    Consider approval of payroll for the period of March 22 –  April 4, 2010.   

NEW BUSINESS ITEMS:

18.    Discuss a proposal to amend the Charter of the City of Lawton by removing the requirement for a primary election in December followed by a general election in February for the election of the Mayor and councilmembers and replacing the same with one (1) general election to be held in November, and provide direction to staff.   Exhibits: None.                                                    

Tenis stated he invited Monica Baughman, Comanche County Election Board Secretary, to speak to the Council about this issue.  He stated the City of Lawton will ultimately save money on the election every even year.  The elections will also be held earlier which will help with getting people out to vote.    He stated currently the newly elected officials do not take office until March which is very close to starting the budget process.  He feels this change would be a win-win situation.

Monica Baughman, Comanche County Election Board Secretary, stated the way the city charter is set up, a run off election must be held if a candidate does not receive 50% plus one vote.  She went back and looked at the past five years when a run off was held and found that the candidate that received the most votes in the primary always won the run office election.  She stated the run off election this year in ward two cost the City of Lawton $1,100 and the voter turn out is approximately 3%.  She stated December is the worst time to have an election.  She stated if the City would have their election in November with the federal and state elections, every even numbered year, the only expense would be to print the ballots.  Most of the bigger cities only have one election with no run off elections.

Drewry stated if they want to change the election date it has to go to a city wide vote.

Mayor Fitch questioned if we could tag this election on to one in the fall.

Ms. Baughman stated she brought a list of election dates.  The primary is in July, but she would have to have the resolution sixty days before.  The general election would be in November and the only expense would be the cost of the ballots.

Haywood stated he is concerned because several councilmembers will go to the National League of Cities conference in November.  He questioned if they could back it up until October.

Ms. Baughman stated the law prohibits holding elections in September or October.  She would suggest either July or November.

Haywood stated NLC is the second week in November and he would like to see everyone go.

Zarle stated he feels the most important thing is to eliminate that run off election.

Mayor Fitch stated he sees a lot of savings in election costs.

Jensen stated the election this year would be held on November 2 ^nd.

Wells questioned when the elected officials would take office if the election was moved to November.

Jensen stated he would need direction from the City Council in order to draft the election documents.  He would need the election date and the date they would take office.

Haywood stated it should be January.

Wells stated he feels if they are elected in November they should take office in December or January at the latest.

Mayor Fitch stated he feels January would be best.

Jensen stated they would need to discuss a transition period because currently they take office in March.  He questioned if the direction from the City Council is to change the election date to the first Tuesday in November.  

The consensus of the City Council was to hold the election the first Tuesday in November and the elected official will be sworn in on the first Monday in January.

Shanklin questioned if this is what other cities do.

Ms. Baughman stated this is what a lot of cities do.

Haywood questioned when the filing period will be held.

Ms. Baughman stated the City Attorney will set those dates in the resolution.

Shanklin stated he would like to see when other cities like Norman and Oklahoma City hold their elections.

Ms. Baughman stated she would have a list for Councilmember Shanklin tomorrow.

Wells stated they need to look at the charter to see if there are any other things that may need to be changed and do this all at one time.

19.    Consider adopting a resolution approving the acquisition of specific tracts and parcels of property by the Lawton Urban Renewal Authority (LURA) through condemnation for the purpose of eliminating blight in the D-6 Urban Renewal Plan area.  Exhibits: City Council Resolution No. 10-____, LURA Resolution 10-05, City Council Resolution 06-164 and D-6 Urban Renewal Plan Acquisition Map.                        

Jensen stated that LURA is in the process of acquiring the properties in the phase IA area which is from Ferris to Gore and 2 ^nd to Railroad Street for the redevelopment activities. He stated that none of the properties so far have had to go to condemnation.  There are still properties that are outstanding and some of those properties are vacant but not necessarily unimproved.  Some of these lots are vacant but they do have improvements as far as utility services.  But just to be cautious in case we have to go to condemnation on some of these remaining parcels, they have asked LURA to adopt a resolution identifying those parcels that could be argued to be unimproved.   The LURA has approved a resolution and the state statute now requires the City Council to approve that resolution and those parcels of potentially unimproved lots to be acquired by LURA.  This is simply a precautionary measure to make sure we have crossed our T’ s and dotted our I’ s.

20.    Consider an ordinance amending Section 16-5-1-508, Article 16-5, Chapter 16, Lawton City Code, 2005, pertaining to the use of photographic, electronic or video equipment to view and capture an image of a private area of a person without the knowledge and consent of such person, providing for severability, and declaring an emergency.  Exhibits: Ordinance 2010-____.                                                    

Jensen stated the City of Lawton has had a “peeping tom” ordinance on the books for a number of years and this is the updated version of that ordinance which includes using photographic, electronic or video equipment to observe someone in a secret manner and taking an image of that situation.  This is a new statute that was enacted by the State of Oklahoma in 2008 and we simply want to incorporate this into our city code so we can cite violations of this law in municipal court.

 (Title read by City Attorney)                    Ordinance 10-13

An ordinance amending Section 16-5-1-508, Article 16-5, Chapter 16, Lawton City Code, 2005, pertaining to making it unlawful for a person to use photographic, electronic or video equipment to view and capture an image of a private area of a person without the knowledge and consent of such person, providing for severability and declaring an emergency.

21.    Consider an ordinance creating Section 16-2-1-208, Article 16-2, Chapter 16, Lawton City Code, 2005, pertaining to threatening to perform an act of violence involving or intending to involve serious bodily harm or death of another person, providing for severability, and declaring an emergency.  Exhibits: Ordinance 2010-____.            

Jensen stated they missed this is 2001 and it was brought to their attention by one of our police captains.  They are recommending approval to include this in the city code.

 (Title read by City Attorney)                    Ordinance 10-14

An ordinance creating Section 16-2-1-208, Article 16-2, Chapter 16, Lawton City Code, 2005, pertaining to threatening to perform an act of violence involving or intending to involve serious bodily harm or death of another person, providing for severability, and declaring an emergency.

22.    Consider an ordinance amending Section 16-3-1-308, Article 16-3, Chapter 16, Lawton City Code, 2005, pertaining to stealing or removing any dimensional stone product without the consent of the owner, providing for severability, and declaring an emergency.  Exhibits: Ordinance 2010-____.                                    

 (Title read by City Attorney)                    Ordinance 10-15

An ordinance amending Section 16-3-1-308, Article 16-3, Chapter 16, Lawton City Code, 2005, pertaining to making it unlawful to steal or remove any dimensional stone product without the consent of the owner, providing for severability and declaring an emergency.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER

Wells requested that the preliminary budget books include a sheet at the front that lists when a debt was started, the total amount of the debt, how much we pay annually, what year it gets paid off and what fund is used to pay the debt off.

Mitchell stated this will be a multi-page summary.

Wells stated he is talking about what we owe on the larger projects.

Shoemate stated there is a need for census workers in this area and he encouraged anyone looking for work to check into it.

Burk announced the city trash off event will be held on Saturday, April 24 in front of McMahon Auditorium.    He stated Lawton Beautiful will be giving away 200 certificates for $25 to be used towards the purchase of trees that have been selected for this area.  He stated they will try to do this again in the future to help get more trees planted in the community.

Shoemate stated last year members of the Council cleaned up an area and he would like to do that again this year.

Burk stated he would coordinate an area for the Council to clean up.

Mitchell stated the E911 center is officially moving to the regional dispatch and emergency management center at Great Plains Technology Center.  They started moving this morning.  

Wells questioned if they corrected the flooding issue.

Mitchell stated they did some improvements and corrected the flooding issue.  He stated the official opening will be either May 5 ^th or 6^th.

Ihler stated he sent out an email the week before giving a summary of where crews are working with regards to the debris pick up.  There is a grapple crew working between Cache Road and Quanah Parker between 67 ^th and 82^nd.   They hope to be done with that area the end of the week.   Two crews are working between 11^th Street and Sheridan Road.  Next week a crew will move over to Rogers Lane between Sheridan and 38^th and start working south.  A crew will start at Lee Boulevard between 38^th and Sheridan and work their way north.  He stated staff has been contacted by the company that has been hauling debris for the county and they would like the City to consider a proposal to help the City with pick up utilizing the same contract they have with the county.   He feels they should move forward and take a look at this option.  He stated they would defer payment until we receive some payment from FEMA.  He stated they indicated they could pick up the remainder of the city in three to four weeks.  He stated this would reduce our overtime, but we do receive payment back from FEMA for our overtime.  The pros to the issue are that the citizens would get their yards cleaned up faster and crews could go back to doing their regular duties.  The cons are that we are establishing a reserve fund for future emergencies but if we contract this out we don’ t receive any funds from FEMA.

Tenis stated with the weather getting warmer, there is the threat of fire.

Ihler stated at the rate city crews are working they are looking at two months to complete the first pass through.

Drewry stated she feels they need to expedite the pick up.  There are places in town where the tree limbs are piled so high that you cannot see traffic coming.

Ihler stated this is just for pick up, city crews would still do the burning and the grinding.

Wells questioned if FEMA reimburses us for the regular time or just overtime costs.

Ihler stated FEMA will reimburse us for only overtime hours.

Wells stated if they contracted this out, the contract will be covered and our costs would only be 12 ½%.

Ihler stated the contract will also have to be approved by FEMA.  

Mayor Fitch stated that this company should have already been FEMA approved if they are working for the county.

Ihler stated this will expedite the clean up and then crews can get back to what they need to do.

Mayor Fitch stated over the past few weeks he has had the opportunity to meet with many authorities, trusts, boards and charitable groups within the community.  He stated it is amazing how many volunteers there are in this community and the successes and projects that are going on to make this is better community.  The citizens of this community are to be commended.

Shoemate stated there are a tremendous number of people who have contributed to the expansion and building that is going on at Cameron University.   It is unbelievable how many outstanding people we have in this community.  

Haywood stated that Cameron is in need of some lights at the baseball field.

The Mayor and Council convened in executive session at 7:28 p.m. and reconvened in regular, open session at 8:43 p.m.  Roll call reflected all members.

BUSINESS ITEMS:  EXECUTIVE SESSION ITEMS

23.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss a pending action relating to the flooding of Wolf Creek in the Meadowbrook Addition and if necessary, take appropriate action in open session.  Exhibits: None.                                            

Jensen read the title of item 23.  No action was taken.

24.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the pending grievances from AFSCME Local 3894, IAFF Local 1882, and IUPA Local 24, regarding the health fund, and, if necessary, take appropriate action in open session.  Exhibits: None.                            

Jensen read the title of item 24.  No action was taken.

25.    Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss negotiations for a Collective Bargaining Agreement for FY 2010-2011 between the Fire Union, IAFF Local 1882, and the City of Lawton, and, if necessary, take appropriate action in open session.  Exhibits: None.                        

Jensen read the title of item 25.  No action was taken.

26.    Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss negotiations for a Collective Bargaining Agreement for FY 2010-2011 between the Police Union, IUPA Local 24, and the City of Lawton, and, if necessary, take appropriate action in open session.  Exhibits: None.                        

Jensen read the title of item 26.  No action was taken.

27.    Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss negotiations for a Collective Bargaining Agreement for FY 2009-2010, and for FY 2010-2011, between the American Federation of State, County and Municipal Employees (AFSCME) Local 3894, and the City of Lawton, and, if necessary, take appropriate action in open session.  Exhibits: None.                        

Jensen read the title of item 27.   

There being no further business to consider, the meeting adjourned at 8:45 p.m. upon motion, second and roll call vote.

                            ____ /s/ Fred L. Fitch___________________

                            FRED L. FITCH, MAYOR

ATTEST:

____ /s/ Traci L. Hushbeck__________________

TRACI HUSHBECK, CITY CLERK