Meeting of 1998-11-10 Special and Regular Meeting

Month 1998-11 November

MINUTES

SPECIAL CALLED MEETING

LAWTON CITY COUNCIL

NOVEMBER 10, 1998 - 9:00 A.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBERS

Mayor Cecil E. Powell, Also Present:

Presiding Bill Baker, Acting City Manager

John Vincent, City Attorney

Brenda Smith, City Clerk

The meeting was called to order at 9:00 a.m. by Mayor Powell. Notice of meeting and agenda were posted on the City Hall notice board as required by State Law.

ROLL CALL

PRESENT: *G. Wayne Smith, Ward One (entered at 9:04 a.m.)

Richard Williams, Ward Two

Jeff Sadler, Ward Three

John Purcell, Ward Four

Robert Shanklin, Ward Five

Charles Beller, Ward Six

Stanley Haywood, Ward Seven

Randy Warren, Ward Eight

ABSENT: None.

BUSINESS ITEM:

1. Pursuant to Section 307B1, Title 25, Oklahoma Statutes, consider convening in executive session to consider the applicants for the position of City Manager, and in open session, take appropriate action on such appointment, to include action on an employment agreement, and/or any other action on the appointment of a City Manager. Exhibits: None.

MOVED by Warren, SECOND by Purcell, to convene in executive session as shown on the agenda. AYE: Beller, Haywood, Warren, Williams, Sadler, Purcell, Shanklin. NAY: None. OUT: Smith. MOTION CARRIED.

The Mayor and Council convened in executive session at 9:02 a.m., recessed from 11:20 to 11:30 a.m. and reconvened in special, open session at 1:05 p.m.

MOVED by Haywood, SECOND by Purcell, to recess this Council meeting and reconvene tonight after executive session of the regular Council meeting. AYE: Smith, Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. MOTION CARRIED.

Special meeting recessed at 1:06 p.m. and reconvened at 9:05 p.m.; roll call reflected all members present.

MOVED by Smith, SECOND by Purcell, to convene in executive session as shown on the agenda. AYE: Beller, Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

The Mayor and Council convened in executive session at 9:06 p.m. and reconvened in special, open session at 9:11 p.m. with roll call reflecting all members present. Vincent reported the Mayor and Council met in executive session to discuss the item shown on the agenda.

MOVED by Smith, SECOND by Haywood, to hire Bill Baker as City Manager and authorize the Mayor and City Clerk to sign the contract. AYE: Warren, Smith, Williams, Purcell, Shanklin, Beller, Haywood, Powell. NAY: Sadler. MOTION CARRIED.

Baker said he appreciated the confidence shown and that it would be an honor to serve. He pledged his best to the citizens, Council and staff and said he hoped to make Lawton an even better place.

There was no further business to consider and the meeting adjourned at 9:15 p.m. upon motion, second and roll call vote.

MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

NOVEMBER 10, 1998 - 6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor Cecil E. Powell, Also Present:

Presiding Bill Baker, Acting City Manager

John Vincent, City Attorney

Brenda Smith, City Clerk

The meeting was called to order at 6:00 p.m. by Mayor Powell. Invocation was given by Pastor Hainds Laird, Spring Valley Bible Church, followed by the Pledge of Allegiance. Notice of meeting and agenda were posted on the City Hall notice board as required by State Law.

ROLL CALL

PRESENT: G. Wayne Smith, Ward One

Richard Williams, Ward Two

Jeff Sadler, Ward Three

John Purcell, Ward Four

Robert Shanklin, Ward Five

Charles Beller, Ward Six

Stanley Haywood, Ward Seven

Randy Warren, Ward Eight

ABSENT: None.

PRESENTATION OF CITIZEN OF THE MONTH AWARD TO MRS. ROMA LEE PORTER

Barbara Stapleton, Mayor's Commission on the Status of Women, introduced Roma Lee Porter as Citizen of the Month for November. Ms. Porter's volunteer efforts were described as participation with the following organizations: Cameron Foundation Board, Chamber of Commerce, YMCA Armed Services, Education Award Committee, Carnegie Library Town Hall Advisory Board, Friends of the Library, Great Plains Museum Board, and the Arts For All Board. She is currently CEO and Chairman of the Board of City National Bank and Vice Chairman of Fort Sill Bank. Other community group affiliations include the Salvation Army Board and Women's Auxiliary, Community Concert Board, Arts and Humanities Council, Cannon Cockers, and the Adopt a School Program providing newspapers to classrooms. Ms. Porter had been recognized as volunteer of the year by the Armed Forced YMCA and she received the community service award from the Oklahoma Association for Supervision and Curriculum Development. Stapleton expressed appreciation for the many hours and the energy dedicated to these volunteer activities.

Mayor Powell presented awards on behalf of Senator Sam Helton, Congressman J.C. Watts and Representatives Kirby, Deuthschendorf, Glover, and Benson. He read the award from the Mayor and City Council and expressed appreciation for Ms. Porter's work to better the City of Lawton through the volunteer work.

Ms. Porter thanked the Mayor's Commission on the Status of Women for the award and said it was very unexpected.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR AND SPECIAL MEETINGS OF OCTOBER 27 AND SPECIAL MEETING OF NOVEMBER 4, 1998.

MOVED by Warren, SECOND by Sadler, for approval of the Minutes. AYE: Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

AUDIENCE PARTICIPATION:

Alan Williams, 406 N 3rd Street, said he was representing cab drivers who wanted to know when any progress would be made on the taxi committee or if there was any information he could relay to them. He distributed information to better educate the Council on the working conditions and related matters to assist with any decisions that will be made in the future regarding the taxicab business.

Beller said he recalled the committee was to discuss the fee structure and that a meeting may need to be set up before the end of the month. He said the members were himself, Shanklin and Sadler were on the committee and if he could find an available date, they would meet before the end of November.

UNFINISHED BUSINESS:

1. Consider adopting a resolution amending Resolution No. 98-166, condemning the structures at 1403-1/2 and 1405 NW Dearborn Avenue, Lawton, Oklahoma, allowing for the renovation of the structures into a habitable condition according to the standards of the City's building codes. Exhibits: Resolution No. 98-186.

Dan Tucker, Code Administration Director, said Council previously adopted a resolution condemning structures at 1403, 1403-1/2, 1405 and 1405-1/2 NW Dearborn Avenue. Ownership of the property has been transferred to New Rock Church and the pastor asked if some of the structures were structurally sound and could be repaired.

Shanklin asked what was meant by bringing a structure to a habitable condition. Tucker said habitable condition is one in which there are lights, heating, ventilation, sanitary facilities, water for bathrooms, hand washing, kitchen sinks, etc. and it also must be structurally sound where it is not in danger of collapse and would have to have smoke alarms and other items within the building; it does not mean it has to be brought up to a standard as a building constructed in 1998; if the electrical is fine and there is no electrical work to be done, then it can stay.

MOVED by Shanklin, SECOND by Smith, to adopt Resolution No. 98-186. AYE: Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams. NAY: None. MOTION CARRIED.

(Title only) Resolution No. 98-186

A resolution amending Resolution No. 98-166 condemning the structures at 1403-1/2 and 1405 NW Dearborn Avenue, Lawton, Oklahoma.

Mayor Powell said a Council Member asked that Item 13 be considered next. There was no objection.

13. Discuss interpretations of the Lawton City Code requiring a person to have a contractor's license to be able to pour concrete at their rental property, and provisions regarding dilapidated structures, and take action if necessary. Exhibits: None.

Discussion is inserted verbatim for the record:

Shanklin: Council, I'm going to pass two pictures of a structure in an alley that for over a year that I have tried to see how it was going to be treated as to our code six. If you will look at those. It appears to me we are very confused, at least I am, as to what has to be torn down, what can be boarded up and painted, even though it was a dwelling, I say it is not a dwelling any more, I'm going to use it for storage. If you're going to use it for storage, it was still a dwelling, and I wanted you to see these pictures before we moved on with item number two. What I'm trying to say is if this is acceptable, how can we make anybody do anything to their building or other than paint them and board them up and that is not what we were after, I thought what we were after were those structures that had been abandoned, and there are any number of them, they either had to be brought to code or torn down, and put in a habitable condition as just described by Mr. Tucker. Those two pictures reflect a building that was an apartment and they started using it for storage and some of you, I've taken you there, several of you, and I don't have the pictures before they painted it, it's not necessary. But if that is what we're going to do then we need to look real hard before we get into section two, so I think Mr. Tucker needs to come and give us a definition as to what has to be brought to code and what doesn't so that we all understand it.

Mayor: Yes sir, Mr. Williams.

Williams: Bob, did I understand you? Do you own these?

Shanklin: No sir.

Purcell: I just had a question, Bob. Those two pictures that you showed us, are you contending they are dilapidated and need to be torn down, or they're not dilapidated?

Shanklin: I'm contending that was an apartment, it had been used as such for a great number of years before they did this to them, that doesn't look bad, but that was not the intent of code six. Either you bring them to our code, the plumbing that's on the outside can't be, cannot be continued with, the four inch plumbing stack that is outside...

Purcell: You're saying that even though it looks like this, you're considering these dilapidated?

Shanklin: Yes sir.

Purcell: OK.

Shanklin: They either have to be brought to code or torn down, or in a habitable condition, the way I understand code six, so, Dan, if you would enlighten us, why, I would appreciate it. Dan, do you want to see those pictures?

Tucker: I would like to, yes sir, I've not. The, in regards to the pictures as Mr. Shanklin mentioned, he brought those to our attention, we contacted the property owner. This is a building that, for lack of a better term, I would call a garage apartment that had been used as a rental behind a main building for a long period of time. When we contacted the owner and told him that he had to bring it up to a habitable condition with the plumbing, light, and all those things required, he chose at that time, asked us could he make it a storage building and we answered that conditionally to him that number one, in order to make it a storage building, it would have to be an accessory building to the front house, he could not rent it out for storage and people who were not living there. The other thing he would have to do would have to have the utilities disconnected and us check that and at that point we went out and checked the sewer to make sure that it was capped so that when any rain or anything that was going on that it wouldn't get into our sewer system. They disconnected the electric and then painted the building.

Beller: Why can't we have an electrical service to a storage building?

Tucker: We can, sir, if the electric is in a condition that it could be used but the owner elected rather than repair what was there that he was going to remove it.

Beller: You didn't require them to take the electric service out, you just said bring it up to code?

Tucker: Yes sir, we told them to either fix the electric that was there or he could remove it and he chose to remove it rather than to upgrade it because there is no requirement for or against electric.

Beller: I misunderstood you, I thought you meant it would not be permitted if it were to be used as a storage facility.

Tucker: No sir, that's not correct. The, when we tear down a building, when we decide which buildings need to be condemned, we're guided by the State Statutes, the adopted Existing Property Code, and our Lawton City Code as we have adopted the Existing Structures Code. In the State Code, did everyone get a copy of this memorandum I sent? The State Code is very definite as to what it is that the, it has to be to the extent, either decayed or partial ruin or lacking repairs to such an extent that it's a hazard to the health, safety or welfare of the general public, or a vacant structure is unfit for occupancy due to the lack of necessary repairs and is considered uninhabitable and then is a hazard to the health, safety and welfare of the general public. In order to determine whether or not the building was habitable, that a year last, a little over a year ago, we amended chapter six to say that for those buildings that did not have utilities to them for greater than a year that we would contact the owner and make an inspection of the building and if it was habitable, that is have all the facilities inside necessary, just wasn't hooked up to water, electric and sewer, then those could be kept secure and remain.

In the BOCA Property Code, it tells us that when it's, when the building or structure is found unsafe, when a portion of it is found to be unfit for human occupancy, and then that code goes on to define unsafe as one that does not provide minimum safeguards to protect or warn occupants in the event of fire, is found to be dangerous to life, health, property or safety of the public or the occupants, or because the structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is likely, and that's one of the requirements that I have to look at is the structural soundness of it. We do, and remember we have a couple of them that we just approved the new owner to bring up to date, but one of the things that we look at in the State Statute is if it's a vacant structure and it's unsecured, we board it. If it comes up unsecure again, then we check it to determine if whether or not it is fit for human occupancy so there are recourses there. And the unfit for human occupancy is where it's in disrepair, lack of maintenance, contains vermin, filth, rat infestations, lacks ventilation, sanitary, heating facilities or other essential equipment required by the code, or the location of the structure is a hazard, then those are the things that causes a structure to be unfit for human occupancy. Those are the standards and the steps that we go through in order to determine whether or not one is.

Shanklin: Well, how do you ever bring one to us? I have in mind one on 10th, between B and C, that's not any different than this one and yet you still brought it to us to tear it down, you brought up one on 9th Street, the last time, 506 or 7 SW 9th, and that structure is a very well, structurally sound.

Tucker: Yes sir.

Shanklin: But yet you still wanted us to tear it down, it looks to me like all that gentleman has to do is secure it and paint it, and if he wants to paint it pink, he can paint it pink.

Tucker: That was the reason that we brought it to you, sir, is that it was not secured, we had contacted him, he had secured it and it became open again, and it just repeated itself as being open, vacant and unfit for habitation as a dwelling unit. Now, I'm guessing we're talking about the same property where the man was storing stuff in it and we didn't have a problem with that.

Shanklin: Well, I don't think there was anything in it when I walked through it.

Tucker: I'm sorry.

Shanklin: There wasn't anything in the building when I went through it.

Tucker: But we do use the frequency that we find it open, particularly at this time of the year we're starting to get people who have been...

Shanklin: But that's what, you're telling me that's what code six says? The thing that you rewrote for about a year, you're telling me that that's it, that's the guts of it?

Tucker: The portion up here or where the utilities required to make the structure habitable have not been provided for more than one year to cause the inspection, yes sir, that's what chapter six did, and you know, I didn't get in on rewriting that, and I'm not trying to pass, but that was done at the attorney's office and I don't know that I would have done it any different because when you say structure habitable, it depends on what that structure is built for and they're not all residences.

Shanklin: Well, we brought one down here on 9th and started on it somewhere around 90 and it went six years and you brought it back, that house, I guess, yes, it's on the demolition list unless he takes us to District Court. I just don't see where you draw the line, I don't understand that, I still don't.

Powell: Mr. Williams, Richard Williams.

Williams: Dan, let me ask you, pictures of those two buildings, because they're accessory buildings to a house I guess in the front, is that the reason why they can be boarded up, painted up and left in that particular condition as opposed to a stand alone residence that had utilities disconnected, boarded up, painted up?

Tucker: That's correct, sir, becomes an accessory structure, and we frequently have requests to put a storage building on a vacant lot, but a storage building in a residential area is an accessory structure so you have to have a main structure there in order to do that.

Williams: And if those were residential structures, stand alone structures, main structures, not a companion to another house or larger house on the same property, would those structures be allowed to stand like that?

Tucker: Yes sir, until they had repeated themselves in being unsecured because we do have the program of when we find a building unsecured we notify the owner and if the owner fails to take action, we board it up, paint it to match and let it go on, but if it repeatedly becomes unsecured or open, then it fits that vacant structure.

Powell: Dan, is there anything in between bringing it back to code and demolition, such as a fine if you don't do it? For example, with repeaters, we've asked them, you know, for safety reasons for other people and everything, and decor as well and everything and notified them and everything, is there anything between tearing down and bringing it back to code?

Tucker: Not that I'm aware of, sir. We do ask people if it's secured, we don't get into the bringing it up to code thing. One of the things we ask people to do is if they have vacant property that they have secured is to placard it with no trespassing, that then gives the authority to question people that's on the land but I don't have the right, nor does anyone else I know of, to just go into a vacant house and say what are you doing here.

Williams: So, Dan, we have houses that are habitable that people take care of, houses that get in disrepair and they may come to the attention of the City and the City says, hey, you need to secure the house, clean it up and they do that and then that's okay, or in another case, a house is in disrepair, the owner doesn't take care of it and then it finally gets on the condemnation list and it comes to us for either permit to tear down or a permit to make it habitable, is that correct?

Tucker: Correct sir.

Shanklin: But you can't paint it and board it up then?

Tucker: Yes he can, sir. (inaudible) as long as it is boarded up.

Shanklin: (inaudible) without giving them that option. We did not give them that option, hey, if you'll go paint it and board it up, put you some placards out there no trespassing, you can leave that piece of junk there.

Tucker: As I said, we don't bring it to you until after we've been through that securing a couple of times. Now when somebody comes in and asks for a permit and all they're wanting to do is use it for storage then we go through this drill, disconnect it from our sewer line, disconnect it from the water and those things.

Powell: Mr. Vincent.

Vincent: The majority of the ones that we see on video tape are in such a dilapidated and disrepaired condition that in a lot of those cases they can't be brought up to a habitable condition, they can't be secured, they've been destroyed by, damaged by fire, they're structurally unsafe, the roofs are collapsing I remember on a lot of those. So, they're in a different category than some of the ones that you're describing, Mr. Shanklin, the ones you're describing it seems to me they're structurally sound generally but the owner is failing to take care of the property in keeping it secured.

Shanklin: I'm not worried about the securing of it so much as that it just sits there and we can't clean up Lawton if this is the way we're going to do it. It can't be done this way, and some of those other people, I mean I can't vote to tear out, for someone to demolish their house unless we give them that option, go paint it, put some boards up to secure it and you're good to go.

Williams: From what I've heard, though, they've had that opportunity up to that point that it reaches this stage here that they could have done that. At least that's what I'm hearing tonight.

Tucker: Normally we've been in contact with the property persons or someone for at least ten months to a year before we ever bring it to the floor.

Mayor: Mr. Purcell.

Purcell: If the roof were falling down on one of these houses or you know how we see them, or the walls are tipping over, they can't board those up and paint them up to look real nice, that doesn't solve the problem, those are still condemned and we condemn them.

Tucker: That's correct.

Purcell: Okay, thank you.

Tucker: It must be structurally sound.

Mayor: What this pertains to as far as these pictures...

Shanklin: Mayor, I think anyone where the structure is sound...

Mayor: I understand that. What you're referencing to is secondary locations, not primary?

Tucker: No sir, what I was saying is that where it is the only house on that lot, the owner would have the option of boarding it up and leaving it a residential structure, he could not convert it to storage because in order to have storage or a storage building or a garage, that is incidental to the main structure, so you couldn't just have a storage building sitting on a vacant lot.

Mayor: Any further discussion?

Shanklin: You mean the main building can't be a storage building?

Tucker: No sir, it has to be an accessory building. But again, that's, we wouldn't allow someone to go put up a garage on a vacant lot, the vacant lot, if it's in a residential area, has to have a house to go with it.

Shanklin: I'm still confused. The rest of the Council doesn't appear to be. Is everyone satisfied?

Williams: I am.

Shanklin: I am confused. Okay. We'll just have to look at it. This is not what, we'll go get the minutes of when we first defined this code six, Brenda, and what he told us then and now today. I just want to compare them because this is brand new to me.

Mayor: Okay. Bob, did you have a concern about pouring concrete?

Shanklin: Yes sir.

Mayor: Okay.

Shanklin: Yes sir. Am I speaking too loud or is it just me? The code says that if I have a rental property besides my property and I want to increase the width of the driveway I have to have a contractor and if that's the code, I think we need to change it. I think that I can use a power saw and cut that curb opening just as well as somebody that, anyone that can pull the trigger, and if I want to pour my concrete and I'm capable of doing it, I think I ought to be allowed to do it.

Tucker: A week ago Monday I was approached by a council member who told me that this was the interpretation that we were applying. The code says that a resident owner would be the only one that can do work on a property.

Shanklin: The resident?

Tucker: The resident owner. I discussed it with the department because I happened to be in on that section of the code when we adopted it and that was not the intent of the code and I have since redefined if I could take just a minute and give you a memorandum I sent to our department people and it says the requirement to obtain a contractor's registration as outlined in does not apply to property owners performing work on their property that does not involve structures. Examples of this work would be fence erection or repair, driveway or sidewalk installation or repair and other non-structure items. It does not cancel the need to obtain building permits and inspections. And, because it is something that we were following just right by the teeth, and I think the wording needs to be fixed. The intent of it when this was first discussed on the contractor's license was to provide the property owner and the contractor some protection in so far as who was doing the work. When we did that we were talking about room add ons and heaters and those type things.

Shanklin: But now I could pour my concrete the way you interpret it now?

Tucker: Yes sir, that's right, because it's not on the structure, it's not related to the structure.

Shanklin: It's on my rent property.

Tucker: Yes sir.

Shanklin: Okay, that satisfies me.

Purcell: I'd like to say I'm satisfied because I'm the one who talked to Dan about that. I got a call from a gentleman who was told that he could not pour concrete on a rental house that he owned right next to his. Dan got a hold of that, fixed that, sent out, and I think Dan did an outstanding job of getting that misinterpretation or maybe it wasn't a misinterpretation but we did it, he fixed the problem.

Shanklin: This last week?

Purcell: A week ago Monday I think, or Tuesday.

Tucker: A week ago Monday.

Williams: Just to follow up, isn't that pretty much the case with any owner that has some ability to do repairs or remodels of their own structure that they're living in?

Tucker: Yes sir. If you own a property and do not reside in it, to obtain a contractor's license you either have to have workman's compensation insurance or a certificate of non-requirement from the Department of Labor. That is a difficult thing to get and we don't gain much from it. If you're out there and you run the wheel barrow over your foot, it hurts but there's no one other than you involved in it. On the structure is a different thing because we look at insurance, there are requirements for electrical, plumbing, heating and all the state licensed trades that if you own it and live in it you can do it, otherwise it must be a contractor.

Mayor: Mr. Beller.

Beller: Just this morning in the discussion that we had we mentioned this application for a contractor's license for a person who's done work on property they own and I'd certainly like if you would to get a copy of that to Mr. Baker and let him just review that. I looked at it, and to me, there are so many things on there that it just appears to me that we're trying to build another burden, another hurdle for a property owner to have to make to secure something to do something to his home. And another thing, how do we handle these maintenance personnel at hotels, motels? Are they licensed contractors, are they licensed to do business, how do we handle these people that work at these motels, hotels, do all this repair work?

Tucker: If they are, the State Department of Health has provided us a list of things that requires a license in the electrical, plumbing and mechanical trades. If they're working in those trades and do not have license, then we take them to court when we find that. The couple of purposes, if I could, for the contractor's thing was to not require someone who worked on their own or on their own property to obtain workman's comp. insurance. And the requirement to get a permit, what we frequently encounter is you hire me to build a porch on your house and I ask you to come down and get the permit, you come down and get the permit and I then build the porch over an easement and then when we approach the contractor and say you built that over an easement, don't tell me, tell the homeowner. But it has been a very beneficial tool for us, when the contractor comes in and signs that yes, I'm doing the home improvements at that property, if they fail to perform properly, then that document is available to the homeowner and he does not have to determine or say yes, that guy did it, because he has the proof.

Mayor: Okay, thank you, Mr. Tucker. We've had considerable discussion.

Shanklin: Well, one more. Are you telling me that to have a contractor's license you have to have workman's comp?

Tucker: No sir, I'm saying that workman's comp or the exemption certificate.

Shanklin: Well, you have to have the exemption certificate?

Tucker: Yes, from the State Department of Labor. Now if you had one previously, we do renew the permits if you had the previous exemption certificate.

Mayor: That's, Dan, if you're going to do your own, some of you own work on your own property?

Tucker: That's correct sir.

Mayor: Right, yes.

Tucker: Or if you're going to serve as a contractor.

Mayor: Yes, if you're going to serve as a contractor.

Shanklin: If you're going to serve as a contractor you have to have it but I wouldn't have to have it to work on my property.

Tucker: If it's on the structure, yes sir you would either have, you would have to have the contractor's license and in order to obtain that you either have the non-applicable section or the workman's comp. You would not have to have it if you don't have to have it by state law. If you're exempt from workman's comp by state law then you don't have to have workman's comp insurance to meet anything in the City.

Shanklin: I'll come and get one.

Williams: What's the address you've been working at?

Mayor: Thank you very much, Dan, I appreciate your time. Is there any other discussion on Item 13? I'm not sure that everybody's really satisfied and clarified and everything and I'm sure this is going to come back.

Shanklin: We're going to find out here in a minute. (END VERBATIM)

2. Consider adopting a resolution declaring the listed structures to be dilapidated and detrimental to the health and safety of the community, and authorize the expenditure of Council Contingency Funds, if necessary, to demolish the structures: (a) 1002 SW Lee Boulevard; (b) 1511 SW Jefferson Avenue; (c) 1901 SW 6th Street; (d) 1902 SW Hwy 277. Exhibits: Resolutions 98-, 98- , 98- and 98- .

(a) 1002 SW Lee Boulevard

Mayor Powell said information in the folder reflects the property is to be sold to Eckerd Drug and the owner's attorney requested a 90 day delay on 7/28/98 to close the sale. The owners have a new contract with Eckerd Drug and anticipate closing in 90 to 120 days and have requested another 120 day delay. Mayor Powell said the owner is in Anchorage, Alaska, and called him today requesting Council's sympathy to extend this to 120 days due to the contract.

MOVED by Beller, SECOND by Shanklin, to table 1002 SW Lee Boulevard for 120 days and bring it back for consideration at that time. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams, Sadler. NAY: None. MOTION CARRIED.

(b) 1511 SW Jefferson Avenue

Tucker said at the public hearing on July 28, 1998, Mr. Green requested additional time to remodel and Council tabled the item for 90 days. Mr. Green applied for a building permit October 13 and picked it up on October 30. It is returned simply because it was tabled to this date. Further discussion was held.

MOVED by Shanklin, SECOND by Haywood, to strike 1511 SW Jefferson Avenue from the agenda. AYE: Shanklin, Beller, Haywood, Warren, Smith, Williams, Sadler, Purcell. NAY: None. MOTION CARRIED.

Tucker said the owner requested 30 days to be able to present a plan for improvement. Haywood asked how many structures are on the property and response was 11.

Stan Shaw said he was working on this on behalf of his uncle and his mother. He said he met with Dennis Woommavovah and Steve Herndon after the last Council meeting he attended and they discussed the structures that needed to be demolished. Shaw said six were identified as being in need of demolition and he contacted Omar McClendon who agreed to a price of $3,000 to demolish the six structures. He said five structures would remain, one is occupied by his sister and she uses one out building for storage; three structures would remain and they would like to secure and paint them for use as personal storage. A sketch of the properties was distributed and reviewed. Discussion was held on time limits to obtain permits and demolish structures, and due to the number of structures involved and the upcoming holiday season, it was suggested to allow 60 days for him to obtain permits. It was pointed out that zoning of the area is I-3 and it is permissible to allow the other structures to remain boarded up and to be used for storage which is allowed by all applicable codes.

MOVED by Purcell, SECOND by Warren, to adopt Resolution Nos. 98-187 and 98-188 changing the 15 days to obtain the permits to 60 days to obtain the permits. AYE: Beller, Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

(Title only) Resolution No. 98-187

A resolution determining a certain structure to be dilapidated and detrimental to the health, benefit, and welfare of the community, and ordering that said structure be brought up to the City's building codes standard or that said building be demolished and removed. Legal: Sec 06 Twnshp 01N Range 11W 1N-11W City Tracts beg 277' W of cornerstone in center of Sec 6 & 26'S on W lne 6th Street S 295.4', W295.4', N295.4', E295.4', Less the 2 143', Comanche County, Lawton, Oklahoma. Title Holders: John G. Hamilton c/9 Betty Waldenville; John G. Hamilton, 1901 SW 6th Street.

(Title only) Resolution No. 98-188

A resolution determining a certain structure to be dilapidated and detrimental to the health, benefit, and welfare of the community, and ordering that said structure be brought up to the City's building codes standard or that said building be demolished and removed. Legal: Sec 06 Twnshp 01N Range 11W 1N-11W City Tracts Beg 572.4'W & 26' of cornerstone in center Sec 6-1N-11W then S 295.4', W 198', N 156' intercepting HWY 277, then NE'rly 2348' to beg, Comanche County, Lawton, Oklahoma. Title Holders: John G. Hamilton, c/o Betty Waldenville; John George Hamilton, 1901 SW 6th Street.

3. Consider the following damage claim recommended for denial: Home Finders Realtors. Exhibits: Legal Opinion/Recommendation.

Vincent said he inspected the door yesterday and found no damage. He said he asked Sharon from Home Finders Realty if the door had been replaced or repaired and response was it may have had minor repairs but it had not been replaced. He recommended denial of the claim. No one was present to speak.

MOVED by Sadler, SECOND by Haywood, for denial of the claim. AYE: Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

4. Discuss exempting the Lawton Public Schools from Landfill fees for refuse hauled by their maintenance personnel. Exhibits: Letter from Lawton Public Schools.

Vincent said discussions are being held with Lawton Public Schools concerning their entire landfill usage and this item can be tabled or be stricken from the agenda.

MOVED by Beller, SECOND by Purcell, to table it until the City Attorney brings it back to Council with the proper documentation. AYE: Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. ABSTAIN: Haywood. MOTION CARRIED.

BUSINESS ITEMS:

5. Conduct a public hearing regarding the proposed use of the payment under the Local Law Enforcement Block Grant in relation to the entire budget and consider authorizing acceptance of a Department of Justice Grant. Exhibits: List of Recommendations; Letter.

Ronnie Ward, Assistant Police Chief, said they applied for this grant and notification was received that the grant had been awarded. One grant requirement is that a committee meet and recommend how the funding should be used. The committee met and its recommendation is provided in the agenda folder.

Purcell asked if police cars are being purchased with cameras already installed. Ward said that has not been done but 24 cameras were purchased. Purcell asked why the grant funding was not going to be used for cameras for the cars. Ward said four cameras are included for purchase but the computer equipment was found to be a real need for the department. Warren asked if the computer equipment was the optical imaging system recently discussed by the Specifications Committee. Ward said that would be funded from a different grant. Williams asked who served on the committee. Ward said a representative of the District Attorney's office, Jenny Reno from Lawton Public Schools, Jack Partin from Crimestoppers, Judge Mark Smith, and Undersheriff John Stowe.

PUBLIC HEARING OPENED. No one appeared to speak. PUBLIC HEARING CLOSED.

MOVED by Shanklin, SECOND by Haywood, to approve the item as recommended. AYE: Smith, Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. MOTION CARRIED.

6. Hold a public hearing and consider an ordinance amending the 2020 Land Use Plan from Residential-Single Family and Duplex to Commercial and Office and changing the zoning from R-1 (Single-Family Dwelling District) to C-1 (Local Commercial District) zoning classification located at 1414, 1416, and 1418 NW Sheridan Road. Exhibits: Ordinance No. 98-41; Location Map; Site Plan; Applications; Extract of 2020 Land Use Plan; Analysis of Request; LMAPC Minutes.

Bob Bigham, City Planner, pointed out the location of the property on a view graph. Applicants are Howard and Sharon Smith and Elmer and Mary Butler. LMAPC held a public hearing at which time the applicant spoke in favor and no one spoke against the request. He said the application reflects proposed uses as a consignment shop and a storage building; however, the storage is not a permitted use in C-1 zoning. Staff recommended denial, LMAPC recommended approval by a 7-0 vote.

Bigham said the Land Use Plan shows Sheridan Road up to Atlanta as a transitional zone to commercial but it is to be based on a redevelopment plan on a large lot or entire block. This is for three lots and the redevelopment proposed is to demolish one of the structures that was a single family home recently involved in a fire, and convert the other two frame, residential structures to a consignment shop and a storage/office building. He said this is not the type of redevelopment suggested in a transitional area and a precedent could be set for rezoning the balance of the block to convert all of the single family homes to commercial activities without adequate parking and curb openings. The structures would also have to be brought to building code standards if changed from residential to commercial.

Beller asked if the code would have to be met as far as parking, curb cuts, etc. if the rezoning is approved. Bigham said yes, a building permit would be needed. Beller said LMAPC approved it 7-0 and said it may be difficult to develop an entire block. Bigham said next door to this the residential structures were taken out and a commercial complex was built as opposed to converting existing structures. Beller asked why LMAPC approved this. Bigham said they felt it was a transitional area and it should be rezoned commercial. Beller said he thought LMAPC was right.

Purcell said he had no problem with the request. He asked if Council or another entity was able to begin the process of rezoning the remaining property from this point up to Atlanta. Bigham said administrative rezonings are done in some cases and if Council desired a rezoning, staff would suggest a professional office district as opposed to C-1 or C-5 zoning. Purcell said he did not feel the area would be residential from now on and that it would be unfair for someone to buy a house in that residential area and expect it to remain residential for the next five or ten years because it will be commercial in a few years.

Mayor Powell asked what would happen if there are homeowners in there who do not want their property rezoned. Purcell said Council would have to make a decision because it would be commercial and the residents can still keep their houses there even if it is zoned C-5, it does not mean they have to move. Purcell said if a person's individual property was not rezoned commercial but the lots on either side were zoned commercial, that would not make sense. Purcell said he was trying to take action to protect the homeowner. Warren said a person can live in a commercial zone and that may increase the value of the property.

Vincent said there was a rezoning situation at 38th and Cache Road where the residential property owners on Cache Road did not want 38th and Cache rezoned and were successful in blocking that attempt. He said the City can rezone if the owners want it and do not take the City to court because they have the ability to go to court to attempt to block the rezoning.

Williams said this area is identified as transitional, and there are other areas on major thoroughfares, such as the one Vincent mentioned. He said the 2020 Land Use Plan should at least show a projection for a future date. Bigham said the Land Use Plan for this portion of Sheridan Road shows a transitional area with a development plan. Bigham said each 50 foot lot is independent and it is difficult to have a commercial development on a 50 foot lot and meet the required parking; in a redevelopment plan, you would combine the lots into one development and have two curb openings to control the traffic for the commercial development, and not do it on a piece meal basis.

PUBLIC HEARING OPENED.

Sharon Smith, applicant, said there was a fire in September that damaged the house, which is currently secured although it does not look nice on Sheridan Road.

Beller asked if Smith was aware of the restrictions on the property even if it is rezoned. Smith said absolutely. Sadler said a storage building is not allowed in C-1 zoning and Smith said she understood. Purcell asked Smith if they planned to build something on the three lots. Smith said yes, and they indicated a consignment store at the time, but after looking into it further, it may be better to tear all the buildings down and do something else. Purcell asked if they could accommodate their activities in C-1 and Smith said yes.

PUBLIC HEARING CLOSED.

MOVED by Beller, SECOND by Smith, to approve Ordinance No. 98-41, waive reading of the ordinance, read the title only.

(Title read by Clerk) Ordinance No. 98-41

An ordinance amending the 2020 Land Use Plan from Residential Single Family and Duplex to Commercial and Office and changing the zoning classification from the existing classification of R-1 (Single-Family Dwelling District) to C-1 (Local Commercial District) zoning classification on the tract of land which is hereinafter more particularly described in Section Two (2) hereof; authorizing changes to be made in the 2020 Land Use Plan and upon the Official Zoning Map in accordance with this ordinance.

VOTE ON MOTION: AYE: Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Smith. NAY: None. OUT: Warren. MOTION CARRIED.

7. Hold a public hearing and consider an ordinance changing the zoning from A-1 (General Agricultural District) to I-1 (Restricted Manufacturing and Warehouse District) zoning classification located at 5202 SW 11th Street. Exhibits: Ordinance No. 98-42; Location Map; Application; Analysis of Request; LMAPC Minutes.

Bigham pointed out the location on a map on the view graph. Purpose of the request is for a non-accessory advertising billboard sign which is not allowed in an agricultural zone. LMAPC held a public hearing; staff and LMAPC recommend approval.

PUBLIC HEARING OPENED. No one appeared to speak. PUBLIC HEARING CLOSED.

MOVED by Beller, SECOND by Haywood, to approve Ordinance No. 98-42, waive reading of the ordinance, read the title only.

Purcell asked if it would not be better to change the ordinance to allow such a sign in an agricultural district and Bigham said the next agenda item would address that.

(Title read by Clerk) Ordinance No. 98-42

An ordinance changing the zoning classification of the tracts of land which is hereinafter more particularly described in Section One (1) hereof from the existing classification of A-1 (General Agricultural District) to I-1 (Restricted Manufacturing and Warehouse District) zoning classification; authorizing changes to be made upon the Official Zoning Map in accordance with this ordinance.

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

8. Hold a public hearing and consider an ordinance amending Section 18-2-1-212B to allow the Board of Adjustment to grant variances to the sign regulations and amending Article 9, Division 1, Chapter 18, Lawton City Code, 1995, revising the regulations on signs. Exhibits: Ordinance No. 98-43; LMAPC Minutes of September 9, September 23 and October 14, 1998.

Williams said a committee had reviewed this subject at several meetings; committee consisted of Charles Young from LMAPC, Kent Jester of Arrow Sign Company, Herb Stonehocker, Jr., as well as other retail representatives and citizens. LMAPC had considered it a couple of times also. He said the City had a good sign ordinance previously but it lacked enforcement, and if this is passed with the few additions in place and enforcement is done properly, it will be an improvement. Williams said the sign committee did not discuss the bench sign issue and that was initiated through LMAPC. He said the bench sign operator had called council members and that he personally had no problem with the bench signs remaining because they appear to be taken care of, and if changes are to be considered, it may need to be at the end of the term of the bench sign contract.

Williams said the purpose for this effort was to improve the appearance of the City, and the t-posts and banner signs with 100 feet of twine blowing in the wind on major thoroughfares are not attractive. He said the intent is to not outlaw anyone's signs but to cause them to be back away from the road or right-of-way and that the banner signs be placed in a frame. Mayor Powell asked if all banner type signs are being eliminated and Williams said no, none.

Purcell asked if the ordinance allows for signs on agricultural land, such as the previous rezoning which may not have been needed if this would have been in place. Bigham said Page 75 shows the signs prohibited in agricultural districts and this will allow such a sign without the rezoning.

Purcell asked if this will allow bed sheet signs to be put up along main thoroughfares. Bigham said the committee recommended separate categories for these signs, 12 square feet or less and 12 square feet or greater. Those 12 square feet or greater must be in a rigid frame and obtain a building permit through Code Administration. Those less than 12 square feet are exempt from obtaining a permit if certain conditions are met regarding size, limitation of number, distance from curb, not be attached to electrical source, and being tied down.

Purcell said there would be bed sheet signs 12 square feet of less that are classified as temporary. He requested a definition of temporary under this ordinance. Bigham read the definition as follows: "a sign or advertising display which is intended for a temporary period of display and constructed out of cloth, canvas, cardboard, wallboard or other like temporary material with or without a structural frame." Purcell said that definition does not refer to time and some "temporary" signs have been up a couple of years, so he could not support the ordinance without some time limit being shown for temporary. Bigham said for signs 12 square feet of greater, there is a limitation of a 30 day permit with one renewal allowed, for a total of 60 days in any calendar year, but there is no provision for 12 square feet or less.

Sadler said Page 79 shows political signs and asked if political signs would fall under the temporary requirements. Bigham said no, the special use signs, such as political signs or residential sale signs, do not require permits, and if they are in a commercial area, they would have to comply with certain requirements.

Sadler said a portion states that one sign is permitted for each 50 feet of street frontage and recent political signs were about 18 inches apart with 100 signs in a row. He asked if that will be allowed in a residential area. Bigham said no. Shanklin asked how many people will be needed for enforcing such things. Bigham said there are no changes to the regulations for political signs in residential districts but in commercial areas, they would be considered temporary or portable signs and fall under the restrictions which would limit them. Sadler said he received comments from people suggesting that political signs be prohibited. Vincent said the First Amendment to the United States Constitution, freedom of speech, and the cases that go along with that on signs, require cities to allow political signs and other advertising, although reasonable restrictions and safeguards may be imposed, but they cannot be prohibited.

Mayor Powell said he hoped consideration had been given to the fact that we are a city that is in dire need of money and those who have signs out are trying to collect sales tax for the city so it can function and operate. He said this contains restrictions and regulations, and if those apply to him, he would adjust to it, but Council should realize that restrictions will affect people who are selling products at their businesses.

Beller asked for an interpretation of the prohibition against vehicle mounted signs. Bigham said if you had a non-registered, non-tagged vehicle on your property advertising a product, it would be prohibited. Beller said a man has a sign on an old pickup on North Sheridan Road and asked if it would be prohibited by this ordinance and if it is prohibited today. Bigham asked if it is a non-operable vehicle. Mayor Powell said some can be fixed up and be very nice vehicles. Bigham said if it is tagged and in operable condition, it would not fall under this prohibition, and that is not a change to the current code.

Williams suggested temporary signs be defined as a 30 day period and that the bench signs be allowed to remain. He asked that Council act on the ordinance tonight since it has been under consideration for about six months.

Bigham said staff recommendation to the LMAPC dealing with bench signs was to change it to cause the applicant to obtain a permit from Code Administration, rather than the City Engineer. Purcell asked if a permit was needed to paint advertising on a bench sign. Bigham said no, only to establish a bench sign at a given location.

Mayor Powell asked if the banner signs advertising soft drinks and other items that are 10, 12 or 18 feet off the road, are prohibited now. Bigham said banner signs located on the right-of-way are prohibited by the current code. Powell said he was asking about those that are 10, 12 or 18 feet off of the curb. Williams said signs cannot be on the right-of-way. Powell asked if the cloth signs could be put up for 30 days and then never be put up again. Purcell said that was not the definition of temporary and asked if Powell was referring to the cloth or wallboard type signs. Powell said yes. Williams said the messages usually change and as a new message appears, it would be a new sign.

Vincent said the right-of-ways vary throughout town, some are 5 feet from the curb and some are 30 feet, depending on where you are and how the City acquired the right-of-way. He said the ordinance provides that signs cannot be less than 10 feet off the curb, so it will be a more uniform application of the code. Bigham said the grassy area in front of many businesses is right-of-way because if it were private, it would likely be paved for parking; the grassy area between the city street and the parking lot is generally city right-of-way. Bigham said the banner sign portion is actually more liberal than the current ordinance which prohibits the signs that are up now; new provision is that signs 12 square feet or less that meet the criteria are permitted with limitations. Bigham said under the proposed ordinance, you can have one sign per 50 feet of street frontage of the commercial business, on the right-of-way, if they are 10 feet back from the curb.

Powell asked if a business will be restricted to one sign per 50 feet of frontage. Bigham said that is the proposal. Powell said a business will have hundreds of products and be limited to two signs if it has 100 feet of frontage. Bigham said it does not limit the large, permanent signs. Beller said it would affect the small businesses and Powell agreed.

Williams said signs hanging on the side of the road are not attractive and they are not trying to eliminate any kind of business from advertising or sending a message, and you cannot legislate good taste. He said it will prohibit an electric cord being run from a building to a sign and have it hung onto a street sign because it is not safe. Williams said there were representatives from grocery stores, retail convenience stores, general citizens, and beer distributors on the committee, and they agreed it would clean the place up and not eliminate anyone from advertising. Powell said he had seen much worse situations in Lawton that needed to be addressed besides signs and had not perceived signs as being a big concern and that businesses would go forward in spite of the ordinance.

PUBLIC HEARING OPENED.

Manville Redman, 513 "C" Avenue, said he was an attorney representing Gene Ellison, the owner of the bench sign company. He said he appreciated Council's comments concerning bench signs and asked that they be allowed to remain.

PUBLIC HEARING CLOSED.

Beller suggested Section 18-918 regarding bench signs be left in the ordinance as was previously worded with the change Bigham recommended. Bigham said the language was "benches for the purpose of bench signs may be placed on the right-of-way or street easement only after approval has been given and a permit issued by the Code Official (instead of the City Engineer) and compliance with the following criteria (a) bench signs located on public right-of-way or easement shall be (inaudible) with a written agreement with the City; (b) bench signs shall not encroach on private property except on written consent of the adjacent property owner; (c) the bench shall be at least five feet from any street curb; (d) the bench shall not obstruct vision or create safety hazards at any street intersection."

Beller asked why a person would have to have permission from an adjacent property owner as shown in criteria b. Vincent said the intent was if a bench was partially on the street right-of-way and because of the five feet limitation from the curb line, you might have to place a small part of it on private property and permission would be needed from the owner of that private property. Beller suggested the word "adjacent" be deleted. Vincent said that could be done.

MOVED by Purcell, SECOND by Williams, to approve Ordinance No. 98-43 with the changes Mr. Beller made and on Page 72, which is under definitions, that Item 38 now read "temporary sign means a sign or advertising display which is intended for a 30 day period of display" and the remaining language, waive reading of the ordinance, read the title only.

Discussion was held regarding the appropriate location in the ordinance to indicate the requirement and definition that temporary signs of 12 square feet of less would be allowed for no longer than 30 days.

Shanklin asked how many businesses had been fined for violating the current sign ordinance and Baker said a response could be provided. Baker asked if the 30 days mentioned was to be consecutive, if it was to be 30 days in any calendar year or if a person could have one for 30 days, wait a week, and put another one up for 30 days. Response was 30 consecutive days. Purcell said that would help eliminate signs that had worn out.

(Title read by Clerk) Ordinance No. 98-43

An ordinance related to planning and zoning, amending Section 18-2-1-212B, Chapter 18, as amended by Ordinance Nos. 97-1 and 98-14, to allow the Board of Adjustment to grant variances to the sign regulations and amending Article 9, Division 1, Chapter 18, Lawton City Code, 1995, revising the regulations on signs and providing for severability.

VOTE ON MOTION: AYE: Purcell, Beller, Warren, Smith, Williams, Sadler. NAY: Shanklin, Haywood. MOTION CARRIED.

9. Consider approving a request for a left turn bay at an existing median opening at NW Oak Avenue and Sheridan Road (SH-7). Exhibits: Site Plan.

Jerry Ihler, Public Works/Engineering Director, said a request was received for this item. The requirements for 120 feet stacking and 100 feet storage were not met, however, there is already an existing median opening to allow left turns and doing so now backs up southbound traffic. Staff recommended approval of the left turn bay, although it did not meet the Council Policy, and that it be forwarded to ODOT for approval. Beller said he appreciated the recommendation for approval.

Smith asked the status of the agreement with ODOT regarding traffic controls. Baker said the Mayor had signed a letter that had been transmitted to ODOT requesting that ODOT draft an agreement and return it for the City's consideration.

MOVED by Beller, SECOND by Williams, to approve the request for a left turn bay at the existing median and request concurrence by ODOT through a letter from the Mayor. AYE: Shanklin, Beller, Haywood, Warren, Smith, Williams, Sadler, Purcell. NAY: None. MOTION CARRIED.

The Mayor and Council recessed at 8:05 p.m. and reconvened at 8:15 p.m. with roll call reflecting all members present.

10. Consider adopting an ordinance relating to residential sales, amending Article 20, Chapter 7, Section 17-2007, Lawton City Code, 1995, amending provisions regulating the frequency which residential sales may be held, and providing for severability. Exhibits: Ord No. 98-44.

Vincent said Councilman Shanklin had brought to their attention some confusion on how often during the one year period that residential sales can take place. He said the intent was to increase the number of sales from one every six months to four during the year; some persons have been taking advantage by having sales weekend after weekend to a maximum of four consecutive weekends, although that was never the intent. Staff recommendation was to adopt the ordinance which will allow no more than one sale every three, consecutive, calendar months, which would still allow four during a one-year period.

MOVED by Shanklin, SECOND by Warren, to approve Ordinance No. 98-44, waive reading of the ordinance, read the title only.

(Title read by Clerk) Ordinance No. 98-44

An ordinance amending Chapter 7, Article 20, Section 17-2007, Lawton City Code, 1995, regarding the residential sales and regulating the frequency which they may be held, and providing for severability.

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

11. Hold a discussion concerning the City's fire hydrants, water transmission lines and water pressures available to provide fire protection and take appropriate action. Exhibits: 9/30/98 Memorandum with Attachments; 10/27/98 Memorandum; 7/22/97 Agenda Item and Minutes Excerpt.

MOVED by Shanklin, SECOND by Beller, to table this item until the next meeting. AYE: Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller, Haywood. NAY: None. MOTION CARRIED.

12. Hold a discussion concerning jail issues and take appropriate action. Exhibits: None.

Shanklin said he requested the item. He said the paper alluded to the fact that only $11 million would be generated but it would be $17, and Warren told him this afternoon that those numbers did not include the amounts currently spent by both the city and county for jail operations. He said that is an enormous amount of money for three or four people to be able to decide where the jail would be, its size, and whether they would spend $50,000 per bed. Shanklin said he had a letter from ODOT saying it was a $30 million project on Flower Mound Road for Wackenhut's 1,500 inmates, and the city may be asked to spend more than that for 250 beds.

Shanklin said he had talked to two commissioners who were receptive to receiving more input from the District Attorney's Office and the City to look at other options for a city county jail, which he did not deny was a need. He said the county has a 104 bed facility currently, and they could spend about $200,000 to update it, paint it, put in lights and ventilation. Shanklin said we need to know the kind of inmates there are and the number, and the city and county should work together to see that the citizens receive the biggest bang for the buck and not allow something to occur that boarders on obscene to spend $23 million on something without any input.

MOVED by Shanklin, SECOND by Smith, to give direction to the Mayor to appoint that committee to work with the county commissioners to seek this site for a city county jail.

Beller said he would read from the minutes of the county commissioners meeting of August 31, 1998, where Commissioner Jones moved to select the option for a new facility to be constructed at the Haggar Slacks location, Mansell seconded the motion, and Walker, Jones and Mansell all voted aye, so it appeared they had selected the site. He said that was done in August and appeared to be part of the concept which included the one-quarter cent sales tax that was approved by the voters. Beller said he assumed the commissioners could change the location but this was part of the resolution that was made and passed by the county commissioners.

Haywood said he disagreed with the location of the Haggar Slacks site and felt it should be closer to downtown. Beller said property across the street from the court house, as well as the old Angus Clinic site, may be for sale. It was pointed out that the county is the organization charged with the responsibility for this project, and not the city, although the city may be asked to participate to a degree.

SUBSTITUTE MOTION by Warren, SECOND by Purcell, to ask the Mayor to appoint a committee that would serve as the City's representative to a task force or any other committee appointed by the county commissioners and that group would provide the City's input.

Mayor Powell asked if the committee would wait until the City is asked for input by the County Commissioners and Warren said that was the intent of his motion.

VOTE ON SUBSTITUTE MOTION: AYE: Smith, Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. SUBSTITUTE MOTION CARRIED.

14. Consider authorizing the Fire Department to overhire five (5) firefighters. Exhibits: Memorandum.

Don Barrington, Fire Chief, reviewed background on this item which would ultimately result in a cost savings to the City due to overtime, training, etc. Shanklin asked if the new persons had been hired or selected and Barrington said persons would be called in from the eligibility list.

MOVED by Purcell, SECOND by Haywood, for approval of the item. AYE: Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

15. Consider approving a resolution affirming the City of Lawton's lead role in the promotion of Census 2000 and creating a Census 2000 Committee. Exhibits: Resolution No. 98-189; Census 2000 in a Flash.

Vincent said a corrected resolution had been distributed with regard to committee appointment.

MOVED by Smith, SECOND by Purcell, to approve Resolution No. 98-189.

Mayor Powell said this is an attempt to increase the awareness of the importance of all residents being counted in the census, especially due to the possibility of losing a federal representative.

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

(Title only) Resolution No. 98-189

A resolution affirming the City of Lawton's lead role in the promotion of Census 2000 and creating a Census 2000 Committee.

16. Consider accepting title to real property located at W1/2, SE1/4, SE1/4, SW1/4, SE1/4 of Section 22, Township 2 North, Range 14 West of the Indian Meridian, containing 1.25 acres, approve and authorize the sale of said real property by public auction, and authorize disbursement of proceeds to any mortgagee and/or lien holders of record and the Police Department's narcotic restitution fund. Exhibits: None.

Vincent said this property was confiscated due to a drug raid and the court had authorized this disposition.

MOVED by Shanklin, SECOND by Purcell, to approve the item as recommended. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams, Sadler. NAY: None. MOTION CARRIED.

CONSENT AGENDA:

ITEM 17 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

18. Consider the following damage claim recommended for approval and consider passage of the resolution authorizing the City Attorney to file a friendly suit for the claim which is over $400.00: Jorge and Bonita Ramon. Exhibits: Legal Opinion/Recommendation.

(Title only) Resolution No. 98-190

A resolution authorizing and directing the City Attorney to assist Jorge and Bonita Ramon 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 reduced amount of Nine Hundred Ninety-Three Dollars and 24/100s ($993.24).

19. Consider denying requests for the installation of traffic control devices at specified locations. Exhibits: Excerpts from 10/22/98 draft Traffic Commission Minutes. Action: Denial of requests.

20. Consider a resolution authorizing the installation of traffic control devices at specified locations. Exhibits: Resolution No. 98-191; Excerpts from 10/22/98 draft Traffic Comm Minutes.

(Title only) Resolution No. 98-191

A resolution authorizing the installation and/or removal of certain traffic control devices at certain designated locations within the City of Lawton, Oklahoma. (1) Install "stop" signs at the intersection of NW 18th and Ozmun; (2) Install "yield" sign at the tee intersection of Chesley Drive and Castlerock Place; (3) Install "stop" signs at intersection of SW 18th Street and Monroe Avenue; (4) Install "yield" signs at intersection of SW 20th Street and Monroe Avenue; (5) Install "25 mph speed limit" sign along Wilfred Drive between Ashley Avenue and Britni Circle for westbound traffic; (6) Install a double head arrow warning sign at the tee intersection of Cache Road and Goodyear Boulevard.

21. Consider amending Council Policy 1-6, Council Rules of Procedure, with regard to time of meetings. Exhibits: Proposed Amendment to Council Policy 1-6. Action: Approval of amendment.

22. Consider adopting a resolution rescheduling the December 22, 1998, regular council meeting to December 15, 1998. Exhibits: Resolution No. 98-192.

(Title only) Resolution No. 98-192

A resolution rescheduling the second regularly scheduled Council meeting in December, 1998.

23. Consider approving health and dental plan benefit changes, changes in the plan document/summary plan description, and authorize the Mayor and City Clerk to sign the approval page. Exhibits: None. Action: Approval of item.

24. Consider authorizing the transfer of 1990 Capital Improvement Sales Tax funds. Action: Approve the transfer of 1990 Capital Improvement Sales Tax funds in the amount of $95,000 from the Douglas Avenue Project to the Rogers Lane Phase V Project.

25. 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 Steve A. Smith in the Workers' Compensation Court, Case No. 97-21818-K. Exhibits: Resolution No. 98-193.

(Title only) Resolution No. 98-193

A resolution ratifying the actions of the City Attorney in making payment of the judgment in the Workers' Compensation case of Steve A. Smith for the amount of Ten Thousand Eight Hundred Sixty-Three Dollars and 00/100s ($10,863.00) 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.

26. Consider a resolution authorizing the Mayor to make application to the Bureau of Indian Affairs (BIA) for easements required for the Bishop Road Interceptor Project 98-2 (SSES) and approve fee payments as applicable. Exhibits: Resolution No. 98-194; Location Map.

(Title only) Resolution No. 98-194

A resolution authorizing the Mayor to execute applications for easements and right-of-way with the Bureau of Indian Affairs (BIA) required over and across tribal or commission land for the Bishop Road Interceptor Project 98-2 (SSES).

27. Consider accepting Permanent Easements from Western Hills Christian Church and Jeffery and Kimberly Patton for right of way needed for the West 82nd Street Reconstruction Project and authorize payments for same. Exhibits: None. Action: Approval of item. (Western Hills $550; Patton $1,400)

28. Consider issuing a revocable permit to Goodyear Tire & Rubber Company to utilize a portion of the Lee Boulevard right-of-way adjacent to #1 SW Goodyear Boulevard for the construction of a building over a sanitary sewer metering vault. Exhibits: Revocable Permit; Memorandum from Engineering; Letter to Goodyear Tire & Rubber Company. Action: Approve the revocable permit.

29. Consider entering into a contract with Mr. and Mrs. Steven R. Filer for fire protection outside the City limits, and authorize the Mayor and City Clerk to execute the contract. Action: Approval.

30. Consider approving contract for the Arts for All Festival. Exhibits: None. Action: Approval.

31. Consider approving contract change order of Ground Maintenance Service with Service One Janitorial to cancel the mowing of Section M. Exhibits: Contract Change Order; Department Memorandum. Action: Approval.

32. Consider approving contract change order of Custodial Maintenance Contract with Service One Janitorial to exclude janitorial services for the Animal Shelter Education Building. Exhibits: Contract Change Order; Department Memorandums. Action: Approval.

33. Consider awarding contract for Fixed Aluminum Ladders. Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Award to American Industrial Equipment.

34. Consider awarding contract for Coagulant Aid Clay. Exhibits: Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Award to Southern Clay Products.

35. Consider awarding contract for Oils, Greases and Lubricants. Exhibits: Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Award to Texaco Lubricants and to Commercial Distributing.

36. Consider extending contract for Laboratory Services. Exhibits: Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Extend contract with Montgomery Watson Laboratories.

37. Consider extending contract for Bunker Clothes. Exhibits: Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Extend contract with Morning Pride Manufacturing.

38. Consider extending contract for Rear Suspension Repairs. Exhibits: Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Extend contract with Loden Spring Suspension.

39. Consider extending contract for Electric Motor Repairs. Exhibits: Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Extend contract with J & W Electric Motor Company.

40. Consider extending contract for Welding Gases. Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Extend contract with Sooner Airgas.

41. Consider extending contract for Uniform Violation Complaint Books. Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Extend contract with Colorgraphics "The Print Shop".

42. Consider extending contract for Jail Beverage Products. Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Extend contract with Farmers Brothers Coffee Company.

43. Consider extending contract for Credit Card Acceptance Program. Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Extend contract with Bank of Oklahoma.

44. Mayor's Appointments. Exhibits: Memorandum.

Parks & Recreation Commission: Ronald C. Watts, Ward 3, Term: 11/10/98 to 11/10/2000

45. Consider approval of payroll for the period of November 2 through 15, 1998. Exhibits: None.

Vincent said the Circle K Manager asked that the claim be tabled until the next meeting.

MOVED by Williams, SECOND by Warren, for approval of the Consent agenda items as recommended with the exception of Item 17. AYE: Shanklin, Beller, Haywood, Warren, Smith, Williams, Sadler, Purcell. NAY: None. MOTION CARRIED.

17. Consider the following damage claims recommended for denial: Cameron Baptist Student Union and Circle K Stores. Exhibits: Legal Opinions/Recommendations.

MOVED by Smith, SECOND by Warren, to table the Circle K claim to the next meeting. AYE: Beller, Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

MOVED by Purcell, SECOND by Warren, to deny the claim of the Cameron Baptist Student Union. AYE: Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

BUSINESS ITEMS:

46. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the claim of Kevin Dillard, and, if necessary, take appropriate action in open session. Exhibits: None.

47. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the claim of Tracy L. Hillis, and, if necessary, take appropriate action in open session. Exhibits: None.

48. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss settlement of a pending lawsuit styled J.M. vs Marley, et al., Case No. CIV95-0231, in the U.S. District Court for the Western District, and take appropriate action in open session. Exhibits: None.

49. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss settlement of the claim of Jessica Wright v. the City of Lawton, and take appropriate action in open session. Exhibits: None.

50. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss a suit filed by Randy Busse, Comanche County District Court Case No. CJ-98-1151, and, if necessary, take appropriate action in open session. Exhibits: None.

MOVED by Haywood, SECOND by Smith, to convene in executive session as shown on the agenda and recommended by the legal staff. AYE: Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller, Haywood. NAY: None. MOTION CARRIED.

The Mayor and Council convened in executive session at approximately 8:40 p.m. and reconvened in regular, open session at approximately 8:55 p.m. with roll call reflecting all members present.

Vincent reported the Mayor and Council had met in executive session to consider the items shown on the agenda. He recommended that no action be taken on Items 46 and 47, those being the claims of Kevin Dillard and Tracy Hillis. He recommended adoption of a resolution settling the action described in Item 48 in the amount of $75,000.

MOVED by Smith, SECOND by Purcell, to adopt Resolution No. 98-195. AYE: Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

(Title only) Resolution No. 98-195

A resolution authorizing and directing the City Attorney to settle a civil suit styled J.M. v. John T. Marley, Et. Al., United States District Court, Western District of Oklahoma, Case No., CIV-95-231-L.

Vincent recommended adoption of a resolution settling the Wright case in the amount of $2,500.

MOVED by Shanklin, SECOND by Haywood, to adopt Resolution No. 98-196. AYE: Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams. NAY: None. MOTION CARRIED.

(Title only) Resolution No. 98-196

A resolution authorizing the City Attorney to enter into a settlement agreement for the sum of two thousand five hundred dollars ($2,500.00) in settlement of a civil suit styled Jessica Leann Wright V. The City of Lawton, Case No. CJ-96-55, Comanche County District Court, and directing the City Attorney to prepare and file a journal entry incorporating said resolution and settlement agreement for the court's approval.

Vincent reported no action is needed on Item 50 regarding Randy Busse.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.

Purcell commended the Police Department on the October crime statistics. He announced his plans to seek another term on the City Council in the upcoming spring election.

Beller expressed concern that the Noon Optimist Club may be refused the use of a small portion of Elmer Thomas Park for their annual Christmas Tree Sales in the future, and pointed out that this had been done for the past 51 years without a problem. Discussion was held in this regard and staff will look into this further.

Baker reported that a response had been received in regard to confirmation of safe drinking water standards and it would be distributed tomorrow.

Mayor Powell asked that Veterans' Day be appropriately observed tomorrow.

There was no further business to consider and the meeting adjourned at 9:05 p.m. upon motion, second and roll call vote.