MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

JANUARY 13, 1998 - 6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

John T. Marley, Mayor,     Also Present:

Presiding    Gil Schumpert, City Manager

        Felix Cruz, City Attorney

        Brenda Smith, City Clerk

The meeting was called to order at 6:45 p.m. by Mayor Marley. Notice of meeting and agenda were posted on the City Hall bulletin board as required by State law.

ROLL CALL

PRESENT:    Jody Maples, Ward One

        Richard Williams, Ward Two

        Jeff Sadler, Ward Three

        John Purcell, Ward Four

        Robert Shanklin, Ward Five

        Charles Beller, Ward Six

        Carol Green, Ward Seven

        Randy Warren, Ward Eight

ABSENT:    None.

Consider approval of Minutes of December 16, 1997, Council Meeting

1.    Consider rescinding Resolutions 90-1 and 97-159 pertaining to Enterprise Zones and adopt Resolution No. 98-           which establishes three Enterprise Zones with maximum coverage of areas within the City of Lawton. Exhibits: Resolution No. 98-1; Proposed Enterprise Zone Map.

Schumpert said Council approved enterprise zones at the previous meeting and directed staff to return an item to maximize areas of coverage. He said at least three zones are needed to qualify and a corrected resolution was distributed tonight. Corrections were changing enterprise zone four to three and adding a section to rescind Resolutions 90-1 and 97-159. He recommended approval.

Purcell said the map does not show any street names and Frank Pondrom, Housing and Community Development Director, pointed out streets.

(Title only)    RESOLUTION NO. 98-1

A RESOLUTION ESTABLISHING ENTERPRISE ZONES WITHIN THE CITY LIMITS OF THE CITY OF LAWTON PURSUANT TO THE OKLAHOMA ENTERPRISE ZONE ACT AND DESCRIBING THE LOCATION THEREOF, AND RESCINDING RESOLUTIONS 90-1 AND 97-159.

2.    Discuss the proposed Museum Trust Indenture, City-Museum Trust Authority Cooperative Agreement, Institute-Museum Trust Authority Cooperative Agreement and Termination of Existing Agreement and problems associated therewith and take appropriate action. Exhibits: Draft Trust Agreement; Draft City/Authority Cooperative Agreement; Draft Institute/Authority Cooperative Agreement; Draft Agreement for Termination of current Museum Operations.

Schumpert said he had asked that this item be brought forward and that many discussions had been held regarding the museum and the appropriate way to maximize the way to have a premier museum; from those discussions came the proposal to establish a museum trust authority. The last agreement with the Institute of the Great Plains indicated City employees at the museum would remain City employees through June 30, 1998, and that we would work toward having a trust authority in place by September 1997, although that did not take place. He said the item provides the opportunity to discuss where we are in these situations and documents.

Schumpert said input had been received from the Institute and McMahon Foundation on the trust indenture; the cooperative agreement between the City and trust authority would lease the physical property is another document which Council has the ability to approve, and those two documents are acceptable to the parties. McMahon Foundation requested a minor change of their being able to nominate potential trustees and Council would approve those nominations, and that change was made. Council would appoint three members and from nominations from McMahon Foundation, appoint three more. He said the situation now is between the Institute and the trust authority with one significant aspect being the Institute feels they should get some continuation of financial support that they have been getting from the museum but that they should not get it forever, therefore, the agreement in the packet states the Institute would continue to receive that funding for three years. Schumpert said several individuals have concern with that but the matter should be moved forward as the City is running out of time to do something with the trust authority for the coming year. He said he understood he would be receiving a telephone call as to the result of an Institute meeting but that he has not received a call.

Schumpert said it was his understanding the Institute had on their agenda the ability to discuss the agreement but not the ability to take any action, however, the consensus of the group was that if the trust authority were formed that the Institute probably should be disbanded, which translates to the fact that they would not receive remuneration and removes that stumbling block and makes the documents acceptable. He said he later learned that was not the position of the Institute and they still felt they should receive remuneration. Schumpert said Jim Wood of McMahon Foundation and Paul Fisher of the Institute are present. He said time is critical as far as this year’s budget preparation and the establishing of the trust authority and that he planned to bring the trust indenture and the City’s cooperative agreement with the trust to the January 27 Council meeting. Schumpert said the City owns the physical property and the Institute owns the artifacts which raises a question of the disposition of the artifacts. He requested guidance from Council on proceeding.

Sadler said he attended the Institute meeting last Thursday night and they did not take a vote but went around the table and asked each member to reach a consensus. The question of disbanding came up when McMahon Foundation sent a letter asking the Institute what their purpose would be and a letter was sent back by Mr. Fisher to Dr. Graybill, McMahon Foundation Chairman, that listed six or seven reasons that would warrant their existence. He said the Institute can appoint three members to the authority, and McMahon Foundation was simply asking the Institute what they envisioned their role to be in the arrangement and it was more to clarify that the Institute would not be running the museum but the new, nine member trust authority would be the body actually running the museum. Sadler said he felt several Institute board members felt McMahon wanted them to disband and that was not the intent as he saw it but simply a question to clarify. He said the Institute board did not vote to disband, although a couple said if McMahon wanted them to disband, they felt McMahon had the best interest of the museum at heart and that they would be willing to disband if that was what they wanted, but the consensus was not to disband.

Sadler said the Institute board also reached a consensus on the funding. He said the revenue from the gift shop sales had been a stumbling block; McMahon Foundation felt the money should go to the new authority because they would be in charge of running the museum. Sadler said the Institute board that has been receiving that money wanted to continue to receive some, primarily to receive matching grants. He said he did not see a problem giving that money to the authority and the Institute agreed to get past that hurdle and give up that three years worth of funding and the applicable paragraph can be rewritten as such. Sadler said his suggestion to the Institute board was that if they need those funds for matching grants, they should appeal to the authority and they would probably receive funding since everyone favored doing what was best for the museum. He said he made a couple of comments a few months ago when there was concern about the stipends and things going on and that he questioned some of the judgment and decisions of the board but after attending some of their meetings found them to be a body that really cares about the museum and tries to do the right thing. Sadler said his confidence was boosted greatly by observing their meetings, and they may not always do the right thing, but they are trying.

Shanklin said he also attended the meeting Sadler referred to and that this is an important issue. He suggested each group be given time to speak. Shanklin said there is no mention in the documents concerning asbestos abatement. Schumpert said it was a settled issue that the City would be responsible for that work and the Institute had hired an individual to do the plans.

Shanklin said there is an item in the documents stating "without incurring any obligation or liability to furnish a minimum level of funding during any fiscal year while this agreement is in effect, the city hereby agrees the amount of funds available to the city permitted to furnish monetary support to the authority to help defray the cost of operating the museum." He said that could be true today but there are not funds now to do what needs to be done in the city and that gives the city an out. Shanklin said he personally did not like the language. Williams said all the entities are comfortable with the funding, and they can correct him as they speak if needed, but the council will stand by the museum.

Purcell said they were at this position about a year ago when they discovered the stipend, and that something needed to be done either tonight or at the next meeting and that was as far as they could go. He said this was supposed to have been resolved by 30 June of last year for the 1996-97 budget and it is a year later and it is still trying to be resolved. Purcell said he would not support paying tax dollars directly to City employees to run the museum beginning 1 July and that this problem had to be resolved. He said he also would like to hear an explanation of the purpose of the Institute after the authority is formed because it appears the authority does exactly the same thing the Institute will do.

Schumpert said the reason a dollar amount is not mentioned in the trust indenture is that it is hoped that through the life of the trust, which has an expanded capacity to gain revenue and borrow money and obtain grants, that over time, they would become self sufficient. He said there will be inflation over a period of time and the city would not want to commit to a dollar amount after they become self sufficient to operate the museum. Schumpert said several other organizations come to the city for support, such as the Center for Creative Living, which has five or six revenue sources and they submit their budget request showing their various revenue sources and request city support for programs. He said he could see that occurring with the museum and the authority and one of the reasons the authority needs to be formed now is to assist with making that determination. Schumpert said he knew of none of the entities having a problem with the language. He said some may have started a myth that people in the city wanted to reduce monetary support to the museum to zero and that is unequivocally false.

Schumpert said he did not know that anyone was uncomfortable with the Institute continuing in its existence and neither he nor the city staff are uncomfortable with it. He said the group has the ability to receive grants that neither the city nor the authority could receive and he hoped they would stay actively involved in the promotion of the museum in the areas of accreditation, exhibits, artifacts acquiral and whatever direction or goals are appropriate, and that is a reason they are included in the trust. Schumpert said the Institute will have three members on the authority and they would have the ability to bring issues to the authority and say they have the ability to receive a grant or carry out an activity if a certain funding amount were provided. He said the master plan, asbestos, accreditation and a number of issues remain at the museum that the city will be actively involved in, as well as the Institute.

Beller asked if the Institute was involved in writing the agreement between their group and the authority. Schumpert said the initial agreement was the Institute would put together a cooperative agreement and send it to us, and they did that, but in meeting with Fisher, a number of concerns were identified and Fisher had seen the city’s agreement with the authority and preferred that format and style so staff agreed to revise their agreement into that format and provide it to them. Schumpert said the only issue with that was the section on revenue generating activities.

Beller said the document shows that revenue will be remitted to the Institute but that it will be spent exclusively for the furtherance and enhancement of the purposes of the museum, and asked if that would be a problem. Schumpert said the question is if all the funds generated from the museum go to the Institute, then there are no funds generated for the trust authority except those provided by the city and funds may or may not be provided by the Institute. Schumpert said it also calls into question again exactly who is in charge of the museum, so by having all the money go to the trust authority, then if the Institute has a grant they can uniquely qualify for, they would go to the authority and explain that and request funding.

Paul Fisher, 308 Ridgeview Way, President of the Institute Board, said he had written a letter which addressed several of the comments and questions on the role of the Institute after the authority is formed. He said he agreed with Sadler’s comments concerning the Institute board meeting. Fisher said the Institute board discussed the issue of revenue from the gift shop and admission fees, and if that is a key issue that stands in the way of achieving a solid future for the museum, the Institute would be willing to give on that point. He said there were several caveats, probably the most important is the structure of the sales desk operation because it is based on a series of contracts with individuals to place those items there and an investment by the Institute in what is there now. Fisher said they will have to restructure the contracts, assign them, or whatever is necessary and somehow handle the amount of funds the Institute spent in acquiring those materials for resale. He said barring that, they would agree with the proposals.

Fisher said there are four documents in the packet and when they are considered together, it appears to be one item and causes confusion. He said everyone appeared to agree the trust indenture is acceptable and that the Institute had sent their names to the City for membership. Fisher said clarification is needed in the agreement between the Institute and trust and that the lines should be clearly drawn. He said if there was a feeling of mistrust or that the Institute was not doing enough that he could document the hours he had spent over and above his job and home life toward the museum and Institute and it was staggering and that he felt like a staff member he had been there so much. Fisher said he wanted to make it work and would do whatever was appropriate in that regard. Shanklin said the trust calls for three members from the Institute and that could not happen if the Institute were dissolved.

Williams asked if the Institute was uncomfortable with how the city may fund future years at the museum the way the document is written now. Fisher said he would generically state that if he were a museum employee that he would be concerned about the money and feel like a ping pong ball and the museum employees have been uncomfortable; there has been some confusion on the Institute board and there are various rumor mills, but at each meeting where this was discussed they tried to keep the facts before them and that he personally had felt uncomfortable at times with the negotiation process and cooperation but that is almost irrelevant because they are still moving ahead. Williams asked if Fisher was comfortable signing the agreements as written. Fisher said yes with the trust indenture, but the agreement would be with the trust, which is yet to be created, and the agreement needs work. Fisher said the agreement between the trust and Institute should clarify things and help them and not make them worse or neglect them.

Purcell said he read Fisher’s letter and compared it to the trust agreement and one reason for the Institute to remain is that they can get grants the others cannot obtain.

Cruz said he had reservations about bringing forward the agreement between the city and the authority until he had the termination of the lease agreement between the city and the Institute. He asked Fisher if he knew when that could be executed and returned. Fisher said he would like to see the trust formed and the Institute board would call a special meeting as soon as the issues are resolved and laid on the table and if Council takes that action next Tuesday, the Institute would have a special meeting before the end of the month and at least get it to the city for the first meeting in February. Cruz said the termination of the agreement between the city and the Institute would take place after the formation of the trust.

Sadler asked who the three persons were that the Institute had nominated or appointed to the authority. Fisher said Tom Weisner, a local attorney who lives in Fletcher, Dr. Montague and himself.

Williams asked if this can be made to happen by the next Council meeting. Schumpert said in his candid opinion, no, because he understood Fisher’s position about the documents needing to be separated, but it appears to be reckless to create a trust authority when you have only one of the other parties integral to this. Schumpert said the city would lease the physical property to the trust authority but the Institute has the artifacts, and there must be some assurance the other documents will be executed and approved, but that Fisher said they still had concerns about the language of the agreement between the Institute and the trust authority. Schumpert said he would be hesitant for the city to create a trust authority and later find that an agreement cannot be reached with one of the parties. Williams asked if the trust can be based upon all parties agreeing and the dissolving of the agreement between the city and the Institute. Cruz said the trust authority can be created tomorrow by a person who elects to be the trustor, and the trustor can name the trustees, and on January 27, the Council can accept the beneficial interest of the trust and from then on, the trust is in existence and can enter into agreements with the city and the Institute. Schumpert said the agreement between the city and the Institute must be dissolved.

Cruz said part of the document signed last year extending the agreement between the city and the Institute until June 30 is that the Institute will prepare its documents subject to staff review and recommendation, and likewise staff prepares documents subject to their review. Mayor Marley said he did not see how anything could proceed before creating the authority. Williams asked if that could be done tonight and Cruz said no. Williams said it should be done at the next meeting and encouraged Fisher and the Institute to work toward making this happen.

Sadler said the City needs to come up with its three names and that the McMahon Foundation has two or three in place, so that is also a need. He said Page 11 of the trust mentions the McMahon Foundation and that they should be aware of and comfortable with the language. Cruz said they were working with the Foundation and would finalize language for their consideration.

ITEMS 3, 5, 12, 13, 14, 17, 19 AND 37 WERE CONSIDERED SEPARATELY AS SHOWN BELOW.

4.    Consider the following damage claims recommended for approval and consider passage of the resolutions authorizing the City Attorney to file friendly suits for claims which are over $400.00: Jonathan & Jacqueline Worthy; Melvin C. Spinks; Norman Mayhue; Southwestern Bell Telephone Company; and Henry & Phyllis Foster. Exhibits: Legal Opinions/Recommendations; Resolution Nos. 98-2 and 98-3. Action: Worthy claim approved for $57.50; Spinks for $75.00; Foster for $300.00.

(Title only)    RESOLUTION NO. 98-2

A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO ASSIST NORMAN MAYHUE 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 EIGHT HUNDRED FIFTY-FOUR AND 50/100 DOLLARS ($854.50).

(Title only)    RESOLUTION NO. 98-3

A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO ASSIST SOUTHWESTERN BELL TELEPHONE COMPANY 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 SIX HUNDRED SIXTY-TWO AND 62/100 DOLLARS ($662.62).

 

6.    Consider a resolution authorizing the installation of traffic control devices at specified locations. Exhibits: Resolution No. 98-4; Excerpt from Draft Traffic Commission Minutes of 12/18/97.

(Title only)    RESOLUTION NO. 98-4

A RESOLUTION AUTHORIZING THE INSTALLATION AND/OR REMOVAL OF TRAFFIC CONTROL DEVICES AT CERTAIN DESIGNATED LOCATIONS WITHIN THE CITY OF LAWTON, OKLAHOMA. Locations: Install Yield signs at intersection of NE Cimarron Trail and Pioneer Boulevard for eastbound and westbound approaches; Install additional Stop signs at intersection of NW 39th and NW 40th making it a four-way stop.

7.    Consider denying a request for the installation of traffic control devices at the specified location. Exhibits: Excerpt from Draft Traffic Commission Minutes of 12/18/97. Action: Denial of request to install Stop signs at intersection of NW Compass Drive and Columbia Avenue.

8.    Consider adopting a street light resolution to authorize installation and removal of additional street lights in residential areas. Exhibits: Street Light Resolution 399. Action: Adopt street light resolution 399.

9.    Consider adopting a resolution ratifying the action of the City Attorney in filing and making payment of the judgment in the Workers’ Compensation case of Johnny K. Phillips in the Workers’ Compensation Court, Case No. 96-5877Q. Exhibits: Resolution No. 98-5.

(Title only)    RESOLUTION NO. 98-5

A RESOLUTION RATIFYING THE ACTIONS OF THE CITY ATTORNEY IN MAKING PAYMENT OF THE JUDGMENT IN THE WORKERS’ COMPENSATION CASE OF JOHNNY K. PHILLIPS FOR THE AMOUNT OF FORTY-THREE THOUSAND, TWO HUNDRED SEVENTY-THREE DOLLARS AND 47/100S ($43,273.47), PER ORDER OF THE WORKERS’ COMPENSATION COURT, AND FILING A FOREIGN JUDGMENT IN THE DISTRICT COURT OF COMANCHE COUNTY FOR PURPOSES OF PLACING SAID JUDGMENT ON THE TAX ROLLS.

10.    Consider adopting a resolution ratifying the action of the City Attorney in filing and making payment of the judgment in the Workers’ Compensation case of Michael Smith in the Workers’ Compensation Court, Case No. 96-6694X. Exhibits: Resolution No. 98-6.

(Title only)    RESOLUTION NO. 98-6

A RESOLUTION RATIFYING THE ACTIONS OF THE CITY ATTORNEY IN MAKING PAYMENT OF THE JUDGMENT IN THE WORKERS’ COMPENSATION CASE OF MICHAEL ANTHONY SMITH FOR THE AMOUNT OF TEN THOUSAND, FIVE  HUNDRED DOLLARS ($10,500.00), PER ORDER OF THE WORKERS’ COMPENSATION COURT, AND FILING A FOREIGN JUDGMENT IN THE DISTRICT COURT OF COMANCHE COUNTY FOR PURPOSES OF PLACING SAID JUDGMENT ON THE TAX ROLLS.

11.    Consider a settlement offer received in a third party claim of Don Hunsucker and payable to the City of Lawton Employee Health Benefit Plan. Exhibits: Resolution No. 98-7; Settlement Agreement and Release of Liability.

(Title only)    RESOLUTION NO. 98-7

A RESOLUTION APPROVING AND AUTHORIZING SETTLEMENT OF A THIRD PARTY CLAIM BY DON HUNSUCKER AND PAYABLE TO THE CITY OF LAWTON EMPLOYEE HEALTH AND BENEFIT PLAN.

15.    Consider ratifying the action of the Lawton Water Authority approving a lease of the mineral interest for a 25 acre tract of land located on the northwestern edge of Lake Ellsworth in Caddo County to the most responsive bidder and authorize the Chairman and Secretary to execute the lease documents. Exhibits: None. Action: Ratify LWA action leasing to Marathon Oil.

16.    Consider ratifying the action of the Lawton Water Authority to approve a new lease agreement with the Lawton Boat Club, Lake Lawtonka. Exhibits: None. Action: Ratify LWA action approving exercising the five year option to the existing lease.

18.    Consider acknowledging receipt of a permit for the construction of sanitary sewer lines from the Oklahoma Department of Environmental Quality to serve the MacArthur Park Addition, City of Lawton, Comanche County, Oklahoma. Exhibits: None. Action: Acknowledge receipt of permit No. SL000016970944 for construction of 300 lf of eight inch (8") PVC sewer line and appurtenances to serve the MacArthur Park Addition.

20.    Consider accepting the Vehicle Exhaust Ventilation System Project 97-15 as constructed by Air Cleaning Technologies, Inc. and placing the Maintenance Bond into effect. Exhibits: Location Map. Action: Approval of item.

21.    Consider adopting a resolution authorizing the City Clerk to dispose of certain original records which have been reproduced on microfilm. Exhibits: Resolution No. 98-8 and Affidavit.

(Title only)    RESOLUTION NO. 98-8

A RESOLUTION AUTHORIZING THE CITY CLERK TO DISPOSE OF CERTAIN ORIGINAL RECORDS WHICH ARE KEPT BY THE CITY CLERK AND WHICH HAVE BEEN ACCURATELY REPRODUCED AND PERPETUATED ON FILM IN ALL DETAIL, SUCH RECORDS BEING AS FOLLOWS: EXPIRED CONTRACTS; NUISANCE FILES; BOARD MINUTES AND MEETING NOTICES; AND MISCELLANEOUS CORRESPONDENCE.

22.    Consider rejecting bid proposals for the Wyatt Acres Branch Library Parking Lot Project 97-23 and authorizing staff to readvertise for bids. Exhibits: Bid Tabulation. Action: Approval of item.

23.    Consider awarding contract for root saws. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Award contract to Sewer Equipment Company of America and authorize execution.

24.    Consider awarding contract for rope rescue equipment. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Award contracts to Ozark Rescue Suppliers and to Boren Safety, Inc., and authorize execution.

25.     Consider awarding contract for water meters, parts and repairs. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Award contracts to Water Products, Inc., and to Sensus Technologies, Inc., and authorize execution.

26.    Consider awarding contract for demolition of 1407 NW Dearborn. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Award contract to Forney Enterprises and authorize execution.

27.    Consider awarding contract for demolition of 1805 SW Douglas. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Award contract to Forney Enterprises and authorize execution.

28.    Consider awarding contract for demolition of 913 SW 4th. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Award contract to Southland Corporation and authorize execution.

 

29.    Consider awarding contract for demolition of 1625 SW Monroe. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Award contract to Southland Corporation and authorize execution.

30.    Consider awarding contract for demolition of 1829 SW Garfield. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Award contract to Southland Corporation and authorize execution.

31.    Consider awarding contract for 20 cubic yard open top containers. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Award contract to Roll-Offs of America and authorize execution.

32.    Consider awarding contract for Windows NT Server 4.0. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Award contract to The Software Source Co., Inc. and authorize execution.

33.    Consider extending contract for Aqueous Film Forming Foam. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Extend contract with Chemguard, Inc. to 4/30/99 at same terms and authorize execution.

34.    Consider extending contract for jogging track material. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Extend contract with Red Dog Track to 2/28/99 at same terms and authorize execution.

35.    Consider extending contract for pea gravel. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Extend contract with City Concrete to 2/28/99 at same terms and authorize execution.

36.    Consider extending contract for de-watering polymer. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Extend contract with Allied Colloids, Inc. to 2/28/99 at same terms and authorize execution.

38.    Consider rejecting all bids for demolition of 1405 NW Dearborn. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Reject bids.

39.    Consider rejecting all bids for demolition of 1403 NW Dearborn. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Reject bids.

40.    Mayor’s Appointments. Exhibits: None.

Commission on the Status of Women:

Marcella Ivins, Ward 2, Term: 1/13/98 to 4/23/98

Janie Schau, Ward 5, Term: 1/13/98 to 4/23/98

41.    Consider approval of payroll for the period of January 12 through 25, 1998. Exhibits: None.

Mayor Marley asked that Item 3 be considered separately due to receipt of a request to speak. Shanklin asked that Items 13, 14 and 17 be considered separately. Warren asked that Item 37 be considered separately. Purcell asked that Items 5 and 19 be considered separately. Williams asked that Item 12 be considered separately.

3.    Consider the following damage claims recommended for denial: Morris D. Gibson and Billy Towns. Exhibits: Legal Opinions/Recommendations.

Morris D. Gibson, 3403 NW Cache Road, said the claim was recommended for denial due to a ruling from a 1940 court decision where the city had not properly maintained a water line and it caused damage to a person’s property. He said in his case, this water line has broken between 34th Street and his next door neighbor, which is only three residences, 13 times in the past five years. Gibson said he thought the City had received notice that the line was defective and that it had broken twice under his drive way; the first time, crews dug under the drive way and repaired the line two years ago, and most recently, crews dug up a section of his drive way to again repair the line. He said he did not know when the line broke but came home from work and found his property under water and it was gushing out both sides of his drive way. Gibson said he called the City and the response was they had already been notified, and it was almost two hours after his call before someone came out to turn off the water and in the mean time, it washed out all the dirt from under his drive way, which is now broken into several pieces.

Gibson said the drive way was replaced ten years ago due to water damage. He said he did not know if that was the City’s fault and that he moved into the residence 13 years ago, but he replaced the drive way and was now faced with replacing it again. Gibson said as far as he knew, no one was denying that it was the fault of the water main that his drive way was broken, only that because you feel you responded promptly to the emergency of the broken line that he was responsible for taking care of the damage to his property.

Shanklin asked if the drive way is separated or cracked. Gibson said three sections of the drive way were not replaced when the water line was repaired; the first section is broken into seven separate, large pieces. Shanklin asked if any steel was put in it. Gibson said he did not know what the man did but that he contracted for someone to do the drive way, left in the morning and came back the following evening and it was done and so far as he knew, it was done properly. Shanklin asked if the person tore out all the concrete. Gibson said no, he left the original drive way there, poured one inch road rock under it and poured a new, one inch drive over the top. Shanklin asked Gibson if he paid for steel and that if steel was not included, regardless of the water main, it would crack. Gibson said he paid for a drive way and was not an engineer and was not present when it was done. Shanklin asked if it was cracked or up and down separated. Gibson said it is cracked and the center section that is broken in seven pieces is sunk down and when crews came to do the repairs, his drive way had lifted three inches from where it originally was in that area and they did some repair and poured it level to the existing drive way. Gibson said the cracks did not develop immediately and crews did not pour the concrete for several months; by the time they poured the concrete, the cracks had developed so it took some time for it to break after it was lifted up.

John Vincent, Senior Assistant City Attorney, presented pictures taken on December 5, 1997, which was about 20 days after he filed the claim, and the incident happened in April 1997. He said the pictures show cracks and no lifting or raising of the drive way. Gibson said you cannot see where it lifted because crews poured concrete on one section level with the existing drive.

Sadler asked if Gibson said they poured an inch of concrete over an old, broken drive way. Gibson said no, they poured about five inches of concrete over the old driveway which was almost non-existent. Vincent said after crews dug up his drive way, they repaired the approach to his drive way to the first joint, so he is claiming the damages from the first joint back toward the residential structure.

Beller asked if the line broke 13 times. Gibson said for a span of three residences, 3401, 3403 and 3405 NW Cache Road, in the past five years, it has broken 13 times in that three house area. Maples asked if the line had been replaced recently. Gibson said the people at the water department told him it is slated to be replaced.

Cruz said they asked that question and there was no report of any water line damage affecting this residence. Gibson said he forgot to bring the documents with him but the water department individual dropped off at his house 13 different times the water line had been repaired in the area and it is still under repair three houses down.

Beller said the report shows the City was not on notice of any defect in this main prior to the actual break which occurred on April 29. He said if it broke that many times, surely the City was on notice that the line was a trouble spot. Maples asked if Gibson had documentation at home and response was yes. Maples said she would make a motion to table this to the next meeting and request Gibson to bring the documentation that staff allegedly provided so Council can look at it. Shanklin asked if Gibson’s next door neighbor is Mr. Cook and response was yes. Shanklin said he knew the main had broken four or five times in Mr. Cook’s yard. Gibson said that has been within the past five years.

Williams asked if staff had re-done drive ways when problems were encountered and said the amount claimed was high. He asked if the City could do the work for much less money. Vincent said the drive way is 18 feet wide and 52 feet long, removal is $4,200 and installing the new drive way, 936 square feet is $4,446. Cruz said if Council desires to approve the claim he would recommend it be paid and not have in-house personnel perform the work due to legal restrictions on repairing private property.

VOTE ON MOTION: AYE: Purcell, Shanklin, Beller, Green, Maples, Sadler. NAY: Warren, Williams. MOTION CARRIED.

(Title only)    RESOLUTION NO. 98-9

A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO ASSIST MORRIS D. AND CONSTANCE A. GIBSON 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 EIGHT THOUSAND SIX HUNDRED FORTY-SIX DOLLARS AND NO/100 DOLLARS ($8,646.00).

5.    Consider accepting the annual audit report of the City of Lawton for the year ending June 30, 1997. Exhibits: Copies of the audit report distributed separately; Responses to internal control and compliance report; Letter from Stanfield & O'Dell.

Purcell commended the Finance Director and staff because the only things contained in the report are common items mentioned by CPA firms. He said it appears the City is being well run financially and he attributed that to the Finance Director, City Manager and department heads who are really watching what is being done with the taxpayers’ dollars.

Williams said on page two under timely filing of reports, there is discussion of a CDBG report being due 90 days after the close of the City’s program year and the reports had not been filed for June 30, 1997, as of the date of the letter. He asked if the reports had been filed. Schumpert said we are now on-line and it was anticipated that the information would be available through that method, although there had been software problems and that was one reason the report was not done.

VOTE ON MOTION: AYE: Beller, Green, Warren, Maples, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

12.    Consider approving plans and specifications for the Sewerline Maintenance Project 97-24 and authorizing staff to advertise for bids. Exhibits: None.

Williams asked if he could get an idea of where these would be and how many would be done. Mike Shaw, Assistant Public Works Director, said they will be throughout the City and the person involved with this has some ideas. Williams said this is for plans and specifications and asked if we did not know where the work would be done. Shaw said he personally did not know. Shanklin asked if this is an RFP. Shaw said no, this is to advertise for bids.

13.    Consider accepting ownership of the underground fuel tanks at the Schoolhouse Slough, Lake Lawtonka, and authorize staff to register the tanks in the City’s name with the Corporation Commission. Exhibits: Bill of Sale. Recommended Action: Accept ownership, authorize the Mayor and City Clerk to execute the acceptance document, and authorize staff to register the tanks with the Oklahoma Corporation Commission.

Shanklin asked why the City would want to accept ownership of underground fuel tanks. Cruz said for the City to receive reimbursement from the clean up fund from the Corporation Commission, the City must own the facility. Shanklin said Ms. Moore gave the City $3,000. Cruz said that was for the removal of the tanks, and once they are removed, and if pollution is found, the City will have to go through the clean up process, which is reimbursable from the Corporation Commission, but to have access to those funds, the City must own the tanks.

14.    Consider approving plans and specifications for the removal of two underground storage tanks located at School House Slough and authorizing staff to advertise for bids. Exhibits: Amendment No. 1 with Zia Corporation. Recommended Action: Approve plans and specifications for removal of two underground storage tanks located at School House Slough and authorize staff to advertise for bids.

17.    Consider acknowledging completion of the Oklahoma Department of Transportation Project for the Railroad Corridor Safety Program. Exhibits: None. Recommended Action: Acknowledge completion of the Oklahoma Department of Transportation project for the Railroad Corridor Safety Program.

Shanklin said the 9th and F railroad crossing had been put on hold for some time and there was probably not a way that it could be reopened without funding. He said he opposed that location being closed and suggested this be held until the bicycle path route is settled. Response was the bicycle path would be in Elmer Thomas Park and plans for other routes had been abandoned. Shanklin offered a motion that Item 17 be denied and the motion failed for lack of second.

19.    Consider awarding a construction contract for the Solid Waste Collection/Street Division Building Re-Roofing Project 97-22 to Clayco Industries dba Ford Roofing in the amount of $13,499.00. Exhibits: Bid Tabulation.

37.    Consider extending contract for aluminum sulfate. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Recommended Action: Extend contract with General Chemical Corporation to 2/28/98 at same terms and authorize execution.

Warren said the Specifications Committee reviewed specifications on this item earlier today and asked if there was a problem with the old specifications that required a change and if the contract under the old specifications should be extended.

John Veal, Purchasing Division Supervisor, said it is the same basic specification with only minor changes, and the contract should be rebid.

Purcell asked if this contract was bid under the new specs. Veal said this item is under the old specs and in the past, there were some items that had not been reviewed by the Specifications Committee, and they are being brought for approval before issuing bid advertisements. Smith asked if this expires February 28, 1998 and Veal said yes.

REPORTS: MAYOR/CITY MANAGER/CITY COUNCIL.

Schumpert said the Police Chief continues to attend meetings of the Jail Task Force, and the County is proceeding with action on locating the County Jail at 17th and G. He said a packet was distributed by Housing and Community Development on their consolidated plan neighborhood meetings; two have been held and another will be held on January 15 at the Owens Multi-Purpose Center at 6:30 p.m. Schumpert said Baker left earlier today to attend the City Managers’ Winter Conference in Stillwater and that he would be leaving after the meeting tonight; they will both return on Monday of next week.

Purcell said the 1997 report on Class One Crimes was received and the Police Department should be complimented because overall there is an 11% decrease from 1996. He said all areas are down from 6% to 63%. Williams said past council actions of funding departments to allow them to do their jobs in a more efficient manner is helpful and should be kept in mind during the upcoming budget process. Shanklin said crime rates are down nation wide by the same amount and that is not meant to take away from the work done by the police.

Mayor Marley read a letter from Boy Scout Daniel Flusche in support of the neighborhood watch programs. He said the youth are listening and getting involved and that is important. Purcell said there will be an organizational meeting tomorrow night at 6:30 p.m. at Carriage Hills Elementary School for a neighborhood watch group and he encouraged attendance of those in that area.

Mayor Marley reported that Rita Love, Housing Authority Director, informed him that they received a score of over 91% from HUD which places them in the high performance category for housing authorities. He said this is a step forward for the staff and board which have recovered nicely from previous difficulties.

Green said a celebration would be held January 15 at 7 p.m. at McMahon Auditorium in honor of Dr. Martin Luther King, Jr. She said the theme this year is Remember, Celebrate, Act: A Day On, Not A Day Off, and this event is in memory of the late Dr. L.K. Jones.

There was no further business to consider and the meeting adjourned at 8:05 p.m.