MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

FEBRUARY 24, 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 6:00 p.m. with Invocation by Minister Edwina Reddick-Scott, New Direction Church of God, followed by the Pledge of Allegiance. Notice of meeting and agenda were posted on the City Hall bulletin board in compliance with 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.

PRESENTATION OF EMPLOYEE OF THE MONTH AWARD TO JULIE MAGNESS, ACCOUNTING DIVISION, FINANCE DEPARTMENT

Steve Livingston, Finance Director, introduced Julie Magness, Accounting Technician. Magness graduated from Cameron University and has been employed with the City since December 1993. Her duties include accounting functions for the CDBG Program and City of Lawton accounts payable. Nomination was made for this award due to Magness’ willingness to learn and to help with other positions in the division when there are vacancies. Mayor Marley read a Certificate of Honor and presented a plaque, two days non-chargeable leave, and awards from the following local merchants: T & S Printing, Star Shots, Midas, Video Triple, Auto Shine, and Calico County Restaurant.

Consider approval of Minutes of February 10, 1998, Lawton City Council Meeting

David Snider, Vice Chairman of the Employee Health Plan Committee, recognized Paul McWilliams, who recently retired from the Fire Department and spent 20 years making the health plan workable for the general employees. He presented a certificate in recognition and appreciation for years of dedicated service as a member of the City of Lawton Health Plan Review Committee. Mayor Marley said he appreciated McWilliams’ time in employment with the City as well as service on the committee.

1.    Consider adopting a resolution declaring the main structure at 306 SW Summit to be dilapidated and detrimental to the health and safety of the community; authorize the expenditure of CDBG funds, if necessary, to demolish this structure. Exhibits: Resolution No. 98-21.

Dan Tucker, Code Administration Director, said the property was tabled 60 days ago when Mr. Hysaw appeared before the Council with a letter from Habitat for Humanity showing an interest in the property.  Mr. Hysaw placed a dumpster on the property a week ago and has filled out paperwork for a permit but was asked to wait until this meeting. No other action had been taken over the past 60 days.

Williams asked the time frame for the owner to secure a permit if the Council approved the resolution. Tucker said the owner would have two weeks to get the permit, and the permit is valid for six months. Tucker said a remodel permit was issued previously on this property and it did not work out.

Purcell asked if the owner has 15 days to get a permit to remodel or a permit to remove the structure, if Council passed the  resolution calling for removal. Tucker said a removal permit. Purcell asked how long he would have to remove it. Tucker said four weeks from the time the permit is obtained, although that can be modified as Williams indicated.

Jimmie Hysaw said when he left the Council meeting previously, he did not know how to proceed and did not have adequate funding. He said he hired a contractor from Dallas on February 17; the contractor will assure the financing and do the work.  Hysaw said he intends to put a new roof on the house, which will require removing material down to the rafters since there are three layers of singles; it will have new decking, portage and fascia, which he explained. Work is to begin almost immediately if Council approves; after that, Hysaw would work on the inside as he could.

Hysaw said he felt it was a renovation project, instead of remodeling, and the person he contracted with went to Mr. Cruz’s office to obtain a permit and was told he did not need one. He said he could take care of the broken chips in the siding, and once the exterior work is done, the house would be much improved on the appearance, and it would result in income to him.

Mayor Marley asked what Hysaw was asking the Council to do. Hysaw requested permission to proceed and said he had signed the contract and had the money.

Williams asked Hysaw how long he had owned the property. Hysaw said his dad owned it two years before he passed away and it had been in the family about 12 years. Williams asked when it was last occupied and Hysaw said two years ago. Williams said Hysaw had 60 days to do something about it and that lapsed into the eleventh hour then something was started with a contractor from Texas, and asked if that was correct. Hysaw said yes, because the 60 days had expired and he did not know where he could get $6,000 to $7,000 and he had received a loan from the FHA. Williams said Hysaw owned the property for several years in a deteriorated condition and did nothing with it. Hysaw said while the property was occupied, he did not pay a whole lot of attention as long as the rent was coming in, and when the last person was finally vacated, he found what the last renter had done and it was terrible.

Purcell asked if Hysaw had done anything to improve the property while it had been vacant for two years. Hysaw said he tried, but nothing happened, and he had a permit but the contractor did not do the work. Purcell asked about the work needed on the interior. Hysaw said he would call it major cosmetic work, such as replacing sheet rock, patching holes, putting plugs back in and cleaning. Purcell asked if there was adequate funding for that. Hysaw said the outside is the major work, and the inside is not that major if he was not being pushed to take care of it, and that a six month period should be plenty of time.

Warren asked if Hysaw could get a building permit and Mayor Marley said this is for demolition. Beller said Section Two of the resolution states the property owner shall have 15 days from the 24th day of February to obtain a building permit to bring the structure into compliance. Tucker said the owner may chose to get a permit to tear it down during that 15 days, and would have to do one or the other. Warren asked how long the permit is good for and Tucker said 180 days. Warren said Council should approve the resolution and if Hysaw wants to do the work, he should get the permit and get the work done because if Council gave another 60 days, it would have to do this all again.

Hysaw said he had signed a contract and had the money, and the man doing the job went to City Hall to get a permit and was told he did not have to have one. Warren asked Tucker to reply. Tucker said the permit he asked about involved putting on another layer of shingles, and that would not require a permit, but where they must remove it to the deck, a permit is required. Tucker said the second portion concerned siding, and a permit is not required to put siding on the structure, but a permit is required for  the structural items such as floors, walls, and electrical.

Warren asked if Hysaw had been provided a list of the needed repairs and Tucker said yes, last February. Warren said he was preparing to make a motion that would sound like the City was getting ready to tear the house down, but the meaning of it is that demolition would occur if the permit is not obtained and the work taken care of within the 180 days allowed in the permit.

Hysaw asked if the permit requirement was the roofer’s responsibility. Warren said ultimately it would rest with the owner. Tucker said he wanted it to be clear that in his opinion it needed more than a roof; he said he was in the structure last spring and some of the floors were in bad shape, and staff had been called by a business owner behind it and other neighborhood residents, and the structural items must be done also. Tucker said the remodel contractor needs to get a permit.

Shanklin asked the estimated cost to repair and Hysaw said $6,000. Shanklin said he did not think he could do it for that. Hysaw said there was a shed roof on the back; trees had knocked a hole in it and water had gotten in causing the floor to rot in the back shed room. Hysaw said the floors in the main house are in good shape.

Purcell said page one of the resolution states the owner has 15 days from the date of hearing to obtain a permit and tear down and remove the structure; page two of the resolution repeats that but section two states the owner may get a building permit to remodel or to tear it down. He said he thought the purpose of the resolution was to tear down the structure. Cruz said the resolution allows the owner 15 days to get a permit to bring the building to code or to tear it down, either or.

Schumpert said the resolution was written in this manner because properties tend to keep coming back so the resolution gives the owner two options, either demolish or remodel, and if neither are done, bids will be solicited without the property being returned to Council to demolish. He said if the building permit is obtained and the work is not accomplished within six months, bids will be obtained to demolish and the owner may then desire to appear during audience participation.

Green asked Hysaw if he understood that if Council passed the resolution to demolish that he would have the six months to remodel if he obtained the permit in a timely manner. Hysaw asked if he had six months to tear it down. Schumpert said he would have 15 days to get either a permit to demolish or a permit to remodel; demolition work must be completed in 30 days; remodel work must be completed in 180 days.

Purcell asked if the property would be returned to Council if Hysaw obtains the remodel permit and is unable to complete the work in six months. Cruz said if the building is not up to code standards within six months, the City may proceed with awarding a contract and demolish it without any further action by Council on the question of demolition.

Hysaw said he would like to ask a question about the permit and Mayor Marley said it would be appropriate for him to work with Mr. Tucker.

(Title only)    RESOLUTION NO. 98-21

A RESOLUTION DETERMINING A CERTAIN STRUCTURE TO BE DILAPIDATED AND DETRIMENTAL TO THE HEALTH, BENEFIT, AND WELFARE OF THE COMMUNITY, AND ORDERING THE DESTRUCTION AND REMOVAL OF SAID DILAPIDATED STRUCTURE.

2.    Consider awarding a contract for demolition of 110 1/2 NW Dearborn. Exhibits: Vendors Mailing List; Bid Tabulation; Department Recommendation.

Green said Mr. Nelson, the owner, is not present. She said there had been a death in his family. Green said the item was tabled two weeks ago for Nelson to appear. Shanklin asked if any attempt was made by Nelson. Tucker said it was condemned in the fall and the contract was to be awarded at the last Council meeting, and that he had not heard from Nelson since the last Council meeting.

Shanklin asked how long it would be before the contractor would go to work. Tucker said they should be able to start within two weeks, although he did not know that definitely. Beller asked if Nelson would have the same 15 days to get the permit. Mayor Marley said no, this is the demolition contract. Shanklin asked what would happen if Nelson came in next Monday. Cruz said once the contract is awarded, if there is a change, the City could be liable to the contractor for the value of what it would have cost. Shanklin said the contractor would not necessarily pursue that position and asked if staff used the approach of working with people. Tucker said yes, and this work has been going on so long that two weeks may not make much difference. Williams asked how long staff had been working on the property and Tucker said for quite a while. Williams said the owner has known that a situation existed for some time that he had not tended to and Council should proceed with the contract. Warren agreed with Williams and said firms may tend to stop bidding on contracts if they are awarded and then canceled. Purcell said the program was started to get rid of dilapidated buildings but extensions are continually granted and this is at the point of awarding the contract but Council discussion appears to have gone back to the original question a year ago of whether it should be torn down.

3.    Consider approving a Contract for Sale of Real Property between the City and Chung Graham for the purchase of the property at 631 SW "D" Avenue, Lawton, Oklahoma, appropriate the purchase price from the 1995 CIP Fund, approve and authorize execution of a contract and acceptance of a warranty deed for said property. Exhibits: Memorandum from Finance Director. (Contract for Sale of Real Property and Warranty Deed on file in City Clerk’s Office)

Williams said he did not want to pay for this from the 1995 CIP and if it cannot be funded, it is probably not needed. He said if there are other alternatives on the payment, such as in the coming year’s budget, then that would be an option.

Shanklin said another CIP is up for a vote in two weeks and that money is used for everything. He said in ten years he would guess the funds would be locked up from the next CIP for the next 15 years, if the 25 year program is approved. Shanklin said the tax rate is flat but the City costs are growing.

Purcell said the building would not get any cheaper but that he did not support funding it from the 1995 CIP. He said he and the City Manager had a discussion earlier today and the City Manager did not agree with what he was going to say. Purcell said Council is trying to solve the problem this year for $150,000. He said equipment purchases have cost less than anticipated and $33,000 can be found from that source. Purcell said he felt there was slippage in departments such as Public Works or Parks & Recreation in the personnel accounts, and funds can be transferred from that to make up the $150,000. Purcell said that will cut $150,000 out of the carry over into next year and it will have to be dealt with in next year’s budget.

Shanklin said if staff tells us that it is not there, and you tell us that it is, where is your accounting degree and do you work here too. Purcell suggested the Finance Director explain if the proposal will not work.

Livingston said the important thing Mr. Purcell said and that Council should be aware of is that his last statement was that it will cut the carry over for next year short and you will have to deal with this next year. Shanklin asked what Livingston would guess the carry over would be and if it would be less than $1 million. Livingston said $2.9 million was budgeted to support this year’s budget; when the audit was done, that number was really $2.6 million, so there was $300,000 less to carry into this year’s budget than anticipated.

Livingston said the cost of living increases were approximately $682,000 and those were not in the budget although they have been charged in the expenditures, which will reduce the amount that can be carried into next year. He said the revenue for water for the year is estimated to be down about $400,000; sales tax is up a slight amount, eighteen hundredths of one percent, and one percent was budgeted, so it will be down about $125,000 if the trend continues. Livingston said use tax is up considerably due to construction and the use tax is charged on those items purchased out of state and brought in to the community, and if that rate continues, it could help cover some of the short falls in the areas mentioned; police fines and bonds are up, which helps. Livingston said he was hoping he could make the revenue projections, which means there will be no additional money generated to go into next year’s budget from revenue. He said there is also the 25% increase in health insurance, which is about $300,000; there is $16,000 that was put in for property insurance that was over; there is $57,000 that police have taken from their gasoline account, which is much lower this year. Livingston said these expenditures will reduce the carry over, as will this item. He said if he goes into next year’s budget, all things being equal, the pay increase will have to be included, which was not budgeted for this year, and the carry over will have to be down a certain amount, so like Purcell said earlier, that will have to be dealt with in the 1998-99 budget. Shanklin said there would be less than $1 million to carry over and Livingston said he hoped not.

Maples asked the cost to renovate the building and relocate offices. Williams said $29,000 was identified at the last meeting from CDBG for that purpose. Maples said the cost would be actually $180,000. Williams said fire had funds for renovation. Schumpert said he anticipated the $29,000 would cover it.

Beller said he felt Council had obligated itself to purchase the property in a sense because they had told the owner they anticipated buying it and the owner started divesting herself of the inventories, and they thought they had the money when they discussed the purchase of the property. He said he felt Purcell was right, that if it is taken out of the carry over now that it can be dealt with in May. Shanklin asked if the thought was to raise water to offset this. Beller said they would talk about that in May.

Shanklin said he would second the motion but that it was not the answer. He said if we do need it, we should be able to find the funds some place.

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

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

  

4.    Hold a public hearing and consider an ordinance amending Section 18-404.1A.8.b(2), Article 4, Chapter 18, Lawton City Code, 1995, amending the open space requirements for fences or walls. Exhibits: Ordinance No. 98-3; Excerpt of 10/14/97 Council Minutes; Excerpt of 11/12/97 LMAPC Minutes; Excerpt of 12/9/97 Council Minutes.

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

(Title read by City Clerk)    ORDINANCE NO. 98-3

AN ORDINANCE RELATED TO ZONING, AMENDING SECTION 18-404.1A.8.b(2), ARTICLE 4, CHAPTER 18, LAWTON CITY CODE, 1995, AMENDING THE OPEN SPACE REQUIREMENTS FOR FENCES OR WALLS.

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

5.    Consider adopting an ordinance discontinuing the pickup of brushwood and yard trash during the period May through October unless the resident has made arrangements for special brushwood and yard trash pickup at a charge to be determined by Council. Exhibits: Ordinance No. 98-_____; Department Initiative; City Council Agenda Items Commentaries of 6/24/97, 10/30/97, 12/16/97, 1/27/98.

6.    Consider adopting a resolution setting a monthly charge for residential brushwood and yard trash pickup (May through October). Exhibits: Resolution No. 98-_____.

This item was not considered due to action on Item 5 above.

7.    Consider a request from the Lawton Chamber of Commerce and Industry to waive engineering inspection fees for the Bar S Sewer Line Project. Exhibits: Letter, LCCI, dated 2/1/98.

Jere Barnthouse, 1503 NW 31st Street, asked that Council understand what was happening with the sewer line to serve the new Bar S plant. He said whether the terminology would be to waive the fee or to accommodate the Lawton Industrial Foundation, they do not want to have to pay the inspection fees that have been billed in regard to the new sewer line being installed for the Bar S plant.

Barnthouse said discussion was held on building a forced main for Bar S that would have been solely dedicated to the Bar S plant. Prior to putting those plans out for construction, they were contacted by the City asking that the plans be amended or at least adding a plan to take the place of a sewer line expansion that the City would have to do some time in the next 15 years, so that was done even though they thought it would be more than they had anticipated spending. He said what came back as the lowest method was to do exactly what the City wanted them to do, which is also going to accomplish something the City will not have to do in 15 years and that is the expansion project that is underway at the Goodyear Industrial Park right now. Barnthouse said they had been billed $6,642 for inspection fees. He said there is the one cent sales tax that is paying for this construction and they  believe the money will be there to pay for the cost of the construction. Funds being raised from the sales tax for the construction are being stretched awfully thin because they also have another prospect they are working with and they will have a comprehensive incentive package this week for those people. He said they are counting on every dime raised from the sales tax to bring additional jobs into the community. Barnthouse asked that the charge for inspection fees be waived.

Shanklin said the recommended council action is to approve the request and he asked if that was the City Manager’s recommendation. Schumpert said no, that is the recommendation of the initiator.

Schumpert said if Council desires to do this, an ordinance would be required to amend the code to allow for such action. He said the staff projection is that CCIDA will collect as much or more than the City does from a one cent sales tax and would have funds in excess, and this bill is not large compared to a $5.2 million project. Schumpert said if the code is amended to allow the fee to be waived and the group has the funds, they would then reimburse the Lawton Chamber of Commerce and Industry but the City would not be paid for the engineering inspection fees and staff has not determined a way to make that happen. Schumpert said if we do not do something with the fee so we can put the maintenance bond into motion, the contractor will not want to wait six months causing him to have a two year and six month maintenance bond rather than a two year maintenance bond, so there are other issues involved. He said he was confident CCIDA would have adequate funds to pay this fee and had promised the Chamber of Commerce that they would fund it when there was adequate funding available.

Maples said this would be setting a precedent from this point forward. Purcell said he thought government agencies were exempted from paying engineering inspection fees, and thought it dealt with the schools or county at the time. Purcell said CCIDA and the Lawton Industrial Foundation appeared to be quasi-governmental. Maples said she thought it was for building inspections for the schools. Cruz said the engineering inspection fee ordinance did not provide for an exemption; there may be an exemption for building inspections, but not for this category.

Schumpert asked if the Chamber would be exempt if the ordinances were the same for both building and engineering inspection fees. Cruz said the Chamber is not a governmental entity. Purcell said it is not the Chamber but CCIDA or LIF. Cruz said those are governmental entities.

Williams asked why the fee could not be waived and why an ordinance amendment was required. Cruz said the fee is required by ordinance and it does not provide for a waiver; in order to provide a waiver, the ordinance must be amended by another ordinance to grant that authority.

Cruz said an appropriate direction would be to prepare an ordinance and bring it back, and Council cannot act tonight as far as waiving the fees but must have an ordinance first. Shanklin asked why the fees had not been paid. Schumpert said they are basically just now due to his knowledge. Ihler said when the plat is approved, they must be paid; construction is not complete and it will be brought back for approval and the fees would have to be paid by then; they do not pay up front.

Beller said he thought the City should work with the CCIDA and would second the motion to authorize the bringing back of an ordinance to waive the fees in this instance.

Williams said the fee structure did not exist until Council approved the departmental initiative a little less than a year ago, and up until that point, no engineering inspection fees were assessed.

Shanklin said Barnthouse said they would pay it back and that the City should also be paid back for the Airport’s $280,000. He said he wanted to waive the fees but wanted to do it legally.

Mayor Marley said the motion is to bring back an ordinance to authorize the waiving of the fee.

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

8.    Consider suspending Section 5E of the Council Rules of Procedure, and if suspended, reconsider awarding contract for purchase of vehicles. Exhibits: 2/10/98 Agenda Item.

Shanklin said he asked at a previous meeting what was meant by a full size utility vehicle and did not receive an answer, so he asked again and everyone received a copy of the comments. He said it is a $33,000 item, it is an Expedition, which is another type of Suburban, a high powered wagon, and we are trying to tell the taxpayers we are judiciously taking care of their money, and the vehicle will be used by someone for three or four months out of the year. Shanklin said his question would be what would be done with it today, or last December. He said he would much rather this money be spent for a backhoe or something for the crews in the utilities to use to take care of the people who generate the dollars. Shanklin said he did not mind that we buy something, but did not feel it should be something of this nature and we are into power locks, cruise control and tilt wheels, and most taxpayers cannot afford that.

Shanklin said staff should come back with something that is of the nature that is commensurate with what we do at the lakes.

Purcell said the specs on that vehicle do not include power steering and all the other extra items because those items were removed by the Specs Committee several months ago and vehicles like that cannot be purchased, and that he wanted that noted for the record.

Beller asked if it was possible to jeopardize future grants if vehicles were not purchased, such as was the subject of the letter from the police union. Schumpert said there was a possibility and the discussion at the previous meeting was about reducing the number of patrol cars. Schumpert said this four wheel drive replaces a Blazer, which was basically a Suburban, and the cost will actually be about $32,000, but that would have a lesser impact.

Purcell said the vehicle being discussed is to replace a 1989 vehicle with 162,000 miles. He asked if staff is not to come back with any kind of vehicle. Shanklin said that was not in his motion; they should come back with something commensurate with what is done out there on a three or four month period of time, and that should be discussed during the next budget session. Shanklin said as the police sedans come back in, they would be available for such a use.

Williams asked that the police chief comment on the vehicle’s use. Bill Adamson, Police Chief, said the vehicle is being purchased for year round use and would be assigned to a full time police supervisor who works at the lakes twelve months out of the year. Adamson said the vehicle it is replacing is not unserviceable but it is an aging vehicle. He said they wanted to go to the Expedition type vehicle due to the enclosure for equipment that people at the lakes would normally use. Adamson said it is rather expensive but it is also a four wheel drive vehicle, which is beneficial at the lakes. He said the last vehicles purchased for the lakes were pick ups, which had limited interior storage capacity, and that was the reason they wanted to move away from that type of vehicle. Maples asked if Schumpert provided the list of police cars purchased since 1994 for all Council members and Schumpert said yes.

Mayor Marley said the motion is to award the contracts less the one vehicle but also an addendum to come back with some other vehicle commensurate with the uses at the lakes. Discussion was held on what type of vehicle would be appropriate.

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

 

9.    Consider reviewing Council Policy 8-2 concerning Requests for Median Openings and Turn Bays and direct staff to return suggested amendments. Exhibits: Council Policy 8-2.

Shanklin said he requested this item because it seems that staff tells people they cannot have a median cut due to the council policy,  so he would suggest the policy not be such and that the requests should come to Council for a decision. He said one person was told they could not have one so they went another route and it would have been less expensive and time consuming, so since Council is making the decisions any way, they may as well consider them. Debate was requested.

Williams said he did not know that Council should consider every request, although they end up at the Council anyway most of the time. He said a previous Council must have decided it was a good idea but maybe the Council’s policy needs to be changed. Shanklin said the policy was brought to Council by the staff and no one may have questioned it. Shanklin said it is causing hardships and hurt feelings and we are locking the door down here now, and he was trying to find out where else we were locking the doors on the building and safety people and that should not be done, and it should come to Council for that decision. He said people are turned down and feel there is no alternative, and there is an alternative but sometimes they find out too late.

Williams said he spoke with a person from a local business who was looking at adding a new building on 38th Street, but there was a question concerning a curb cut so they ended up not building at that location. He said Shanklin’s comments did not agree with the recommended action by the initiator. Shanklin said he was attempting to express his concern with the policy and the staff denying requests rather than bringing them to Council. Mayor Marley asked if requests should be brought to Council if they comply with the policy. Shanklin said he was asking for input, and the policy can remain if  a section is added that when a person is turned down, they should be told they can take it before the Council and offer to put it on the next agenda for them. Williams said that could hold true for everything.

Purcell asked if action was needed on the item or direction to staff to bring requests to Council when they are denied. Mayor Marley said the last sentence of the existing policy states that if conditions of the policy are not satisfied, the Public Works/Engineering Director shall forward it to the Council. Shanklin said that does not happen and the language should be such that the person would be apprised of his rights to take an item before the Council. Purcell said staff should follow that provision. Maples said there is a problem with the grammar on the sentence.

 

10.    Consider accepting and entering into a Contract for Sale of Blue Beaver Park and authorizing the Mayor and City Clerk to execute the Contract for Sale and Quit Claim Deed. Exhibits: Solicitation for Bids; Proposed Contract for Sale of Real Property. (Proposed Quit Claim Deed on file in City Clerk’s Office)    

CONSENT AGENDA:

11.    Consider the following damage claims recommended for denial: Paul and Juanita I. Alley. Exhibits: Legal Opinion/Recommendation. Action: Denial of claim.

12.    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: James and Linnie Calloway; Robert E. Barker; A.B. and Helena White; Donald and Ida Mae Presley; and Martin and Doris S. Babb. Exhibits: Legal Opinions/Recommendations. Calloway: $57.50.

(Title only)    RESOLUTION NO. 98-22

A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO ASSIST ROBERT E. BARKER IN FILING A FRIENDLY SUIT IN THE DISTRICT COURT OF COMANCHE COUNTY, OKLAHOMA, AGAINST THE CITY OF LAWTON; AND AUTHORIZING THE CITY ATTORNEY TO CONFESS JUDGMENT THEREIN IN THE AMOUNT OF NINE HUNDRED FORTY-FIVE DOLLARS ($945.00).

(Title only)    RESOLUTION NO. 98-23

A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO ASSIST A.B. AND HELEN WHITE IN FILING A FRIENDLY SUIT IN THE DISTRICT COURT OF COMANCHE COUNTY, OKLAHOMA, AGAINST THE CITY OF LAWTON; AND AUTHORIZING THE CITY ATTORNEY TO CONFESS JUDGMENT THEREIN IN THE AMOUNT OF ONE THOUSAND, SIXTY FIVE DOLLARS AND 27/100S ($1,065.27).

(Title only)    RESOLUTION NO. 98-24

A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO ASSIST DONALD AND IDA MAE PRESLEY 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 ONE THOUSAND, NINE HUNDRED EIGHTY-SEVEN DOLLARS AND 51/100S ($1,987.51).

(Title only)    RESOLUTION NO. 98-25

A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO ASSIST MARTIN S. AND DORIS S. BABB 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 TWO THOUSAND, THREE HUNDRED TWENTY-SEVEN DOLLARS AND 52/100S ($2,327.52).

13.    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 Charlie Oscar Stevens in the Workers’ Compensation Court, Case No. 97-2680R. Exhibits: Resolution No. 98-26.

(Title only)    RESOLUTION NO. 98-26

A RESOLUTION RATIFYING THE ACTIONS OF THE CITY ATTORNEY IN MAKING PAYMENT OF THE JUDGMENT IN THE WORKERS’ COMPENSATION CASE OF CHARLIE OSCAR STEVENS FOR THE AMOUNT OF SIXTEEN THOUSAND, ONE HUNDRED EIGHTY-EIGHT DOLLARS ($16,188.00), 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.

14.    Consider a resolution to rename a portion of 7th Street and SE 8th Street from Gore Boulevard to Park Avenue to SE Interstate Drive. Exhibits: Letter of Request; Location Map; Parks & Recreation Commission Minutes 1/26/98; Resolution No. 98-27.

(Title only)    RESOLUTION NO. 98-27

A RESOLUTION RENAMING A PORTION OF SE 7TH STREET AND SE 8TH STREET BETWEEN GORE BOULEVARD AND PARK AVENUE TO SE INTERSTATE DRIVE.

15.    Consider a resolution naming an unnamed street in Elmer Thomas Park, west of McMahon Auditorium from NW Ferris Avenue to NW Cache Road to McMahon Drive. Exhibits: Location Map; Resolution No. 98-28.

(Title only)    RESOLUTION NO. 98-28

A RESOLUTION NAMING A ROAD IN ELMER THOMAS PARK, BETWEEN FERRIS AVENUE AND SW CACHE ROAD TO "MCMAHON DRIVE", IN HONOR OF THE MCMAHON FAMILY.

16.    Consider a resolution naming the segment of US 62 from NW 52nd Street west to NW 82nd Street to Quannah Parker Trailway. Exhibits: Location Map; Resolution No. 98-29.

(Title only)    RESOLUTION NO. 98-29

A RESOLUTION RENAMING A SEGMENT OF US 62 FROM NW 52ND STREET AND NW 82ND STREET TO "QUANNAH PARKER TRAILWAY", IN HONOR OF THE LATE COMANCHE INDIAN CHIEF QUANNAH PARKER

17.    Consider approving Council Policy No. 2-7 authorizing the City Manager and the City Attorney to sign releases and endorse checks for payment in settlement of claims. Exhibits: Council Policy No. 2-7. Action: Adopt Council Policy No. 2-7.

18.    Consider entering into a contract with Ms. Maxie K. McBride for fire protection outside the Lawton city limits, and authorize the Mayor and City Clerk to execute the contract. Exhibits: None. Action: Approve contract and authorize execution.

19.    Consider adopting a resolution authorizing the Mayor and City Clerk to execute an agreement with the Oklahoma Department of Transportation for an Industrial Access Road Agreement for the construction of median openings and left turn lanes on East Gore Boulevard at SE 6th and 7th Streets. Exhibits: Resolution No. 98-30; Agreement; Location Map. Funding source is Industrial Access Road Funds from ODOT.

(Title only)    RESOLUTION NO. 98-30

A RESOLUTION WHEREBY THE CITY COUNCIL OF LAWTON, OKLAHOMA, AUTHORIZES THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF LAWTON, OKLAHOMA, AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR THE INDUSTRIAL ACCESS ROAD PROJECT UNDER PLANS AND SPECIFICATIONS FOR STATE AID PROJECT NO. SAP-116A(014), STATE JOB NO. 16576(04) IN ACCORDANCE WITH THE TERMS AND TENOR OF 69 O.S. 1991, SECTIONS 1205, 1206, 1401 AND 1403.

ITEM 20 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

21.    Consider approving a grant application to the Oklahoma Department of Libraries to fund a Town Hall program to promote the public library. Exhibits: None. Action: Authorize execution of grant application and acceptance if approved.

22.    Consider accepting the donation of a metal storage building from the Friends of the Library to assist with the storage needs of the public library. Exhibits: None. Action: Accept donation.

23.    Consider awarding a contract to David Means for the appraisal of fifteen (15) parcels of right of way needed for the West 82nd Street Reconstruction Project. Exhibits: None. Action: Award contract; price proposal is $3,750.00; 1990 Capital Improvements Program.

24.    Consider awarding a construction contract for the School House Slough Underground Storage Tank Removal Project 93-20 (Amendment #1). Exhibits: Bid Tabulation of 2/10/98; Letter of Recommendation from Zia Corporation. Action: Award contract to Genesis Environmental Solutions, Inc. for the base bid amount of $5,890.00 plus any alternates, if required, for the project - Lakes Capital Improvements Fund.

ITEM 25 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

26.    Consider awarding contract for backstop fencing materials. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Award contract to Fence & Supply Store of Lawton, OK, and authorize execution.

27.    Consider awarding contract for overhead automotive exhaust system. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Award contract to Brox Industries, Lawton, OK, and authorize execution. (Equipment Maintenance; $3,729.25)

28.    Consider awarding contract for mail processor. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Enter into lease purchase agreement with Pitney Bowes Company, Lawton, OK, and authorize execution. (City Clerk)

ITEM 29 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

30.    Consider awarding contract for aluminum sulfate - ground. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Award contract to General Chemical Corporation, Parsippany, NJ, and authorize execution. (Water Treatment)

31.    Consider awarding contract for sprinkler system parts. Exhibits: Vendor’s Mailing List; Recommendation. (Bid Tabulation on file in City Clerk’s Office) Action: Award contract to Davis Pipe, Edmond, OK, and authorize execution. (Building and Grounds)

32.    Consider awarding contract for an electric crane. Exhibits: Mailing List; Tabulation; Rec. Action: Award contract to Dan Hill & Associates, dba Total Truck & Trailer Equipment, Norman, OK, and authorize execution. (Sanitation; General Fund $9,350.00)

33.    Consider extending contract for baseballs and softballs, except for American Legion Baseballs. Exhibits: Vendor’s Mailing List; Recommendation. Action: extend contracts with A.D. Starr, Marietta, GA, and BSN Sports, Dallas, TX, except for American Legion Baseballs, and authorize execution. (Parks & Recreation; contracts extended to 4/30/99 at same terms)

34.    Consider rejecting all bids for the microfilm reader/printer. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation. Action: Reject bids.

35.    Consider rejecting bids for coagulant aid clay. Exhibits: Mailing List; Tabulation; Rec. Action: Reject bids.

36.    Mayor’s Appointments. Exhibits: None.

Building Development Appeal Board:

Darrel Leon Nix, Fire Protection, Term: 2/24/98 to 2/24/2000

Glenn Brennan, Electrical Contractor, Term: 2/24/98 to 2/24/2000

John Perry, Plumbing Contractor, Term: 2/24/98 to 2/24/2000

Lakes & Land Commission:

    Coleman G. Booker, Term: 2/24/98 to 2/24/2001

Bill Farris, Term: 2/24/98 to 2/24/2001

Lawton Metropolitan Area Airport Authority:

    Bill MacInnis, Term: 2/24/98 to 2/24/2001

Lawton Human Rights & Relations Commission:

Ms. Bobby Whitson, Hispanic, Term: 2/24/98 to 9/30/98

Public Library Board:

Dr. Samuel Jack, Term: 2/24/98 to 5/31/2000

37.    Consider approval of payroll for the period of February 23 through March 8, 1998.

Beller said he was under the impression that another term was available for Mr. Easton on the Lakes & Land Commission and the Commission recommended Mr. Easton continue to serve. He asked the Mayor if there was any confusion regarding the point of whether he could serve another term and the Mayor said no. Williams asked for separate consideration of Item 20. Green asked for separate consideration of Items 25 and 29.

20.    Consider approval of a change order to Carrier Corporation contract with the City of Lawton for HVAC Services. Exhibits: Proposal.

Williams said the cost proposal of $11,538 mentions mobilization, management, supervision, and  engineering, but not what work would be accomplished. Dick Huck, Parks & Recreation Department, explained that the problems with comfort and air flow in City Hall were mentioned in the HVAC proposals for maintenance and operation. Huck said the RFP asked the firms to look at that problem. Carrier Corporation was awarded the maintenance contract and began looking at this portion in the last three or four months. Huck said the primary scope is to evaluate the heat and air system and make various modifications and retrofit dealing with air circulation and the exhaust systems.

Williams said a lot of it is inspect, test, check, retrofit, and this corporation already has the maintenance agreement, which requires them to do normal routine service of the existing equipment. He said an air balance of a system such as this would cost tens of thousands of dollars. Williams said if the City wanted to pay Carrier to document what needed to be done and take bids on it, that would be acceptable, but $11,000 for these bullet items was a problem. Shanklin asked if Carrier’s equipment is in the building. Huck said no, it is City equipment and Carrier has the responsibility to maintain it and make the necessary repairs. Shanklin asked if this had anything to do with maintaining a warranty with Carrier and Huck said no. Williams said firms bid on a three year cycle, to include all parts, labor, and materials to keep the City’s heat and air equipment in good working order. Williams said Carrier has the maintenance contract but that is not to say they have the most expertise in the items noted here.

Shanklin asked if anyone would want to bid on this while the other firm was under contract and if the work of the other firm could conflict with Carrier’s work. Williams said the scope of work appears to be modification of duct work, balancing air flows, and $11,000 would not accomplish much; the concern is  the money would be spent but the problems would remain. Williams said the front doors of the building have been open six or eight inches, and now the back doors are open and he did not know if more outside air was being brought in for ventilation requirements causing the building to be pressurized. He said he felt there should be a better idea of what would be accomplished before spending the money.

Warren said he agreed because the letter did not sound like they would be doing much work, but showed items such as travel and related living expenses. Williams said he did not intend to include in the motion that the item be tabled, but rather that the change order not be approved and direct staff to either work with a contractor to identify the needs or deficiencies of the building to accomplish the end result. Purcell mentioned that the funds could offset the $150,000 expense.

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

25.    Consider awarding a contract to T & G Construction, Inc. for the construction of Wyatt Acres Branch Library Parking Lot Project 97-23. Exhibits: Bid Tabulation.

Green said the branch library is not even a year old and that she had been waiting for two years for improvements at Patterson Center.

29.    Consider awarding contract for the collection of overdue utility bills. Exhibits: Vendor’s Mailing List; Bid Tabulation; Recommendation.

Green said she was still having trouble reading her water bill and had always been past due $2 or $3. She said the bill states it has to be paid on the second day of the month, but there was a problem with the machine and there should be a "one" in front of the "two", and the bill is due on the 12th of the month. She asked if there were enough overdue water bills to hire an agency to do collections and give them 30%. Williams asked how much money was involved.

Livingston said he could get an answer on the amount collected. He said the City is able to collect on bills because it has the ability to not provide water when bills are not paid. He estimated the amount collected would be in the thousands of dollars.

Purcell said this would not apply to people who are simply late paying a bill, but to those who leave town and must be found. He said if this is not done, nothing would be collected on those accounts. Mayor Marley said this deals with accounts which have been past due for a long period of time. Livingston said the City makes initial contact trying to collect, as well as several other attempts, before asking the collection agent to assist. He said the collection agency puts the amount of money against the person’s credit so when they try to buy a house or something, they have bad credit and it causes the payment to be made. Williams asked if deposits are required. Livingston said yes. Williams asked if this would be for the amount over and above the service deposit and Livingston said yes. Schumpert said the deposit was changed recently; previously, the deposits were refunded after one year’s good payment record, and the change was that the deposit remains with the City to hopefully lessen the problems because if the amount is overdue and you do not have a deposit, part of the process is the reconnect fee and putting up a deposit. Schumpert said probably half or more of the accounts do not have a deposit up. Williams said he used the bank draft method for paying his water bill and that it worked well.

38.    Pursuant to Section 307B2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the negotiations for an Employment Agreement for FY 1998-1999 between the Police Union, IUPA, Local 24, and the City of Lawton. Exhibits: None.    

39.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the lawsuits styled White, et al. v. City of Lawton, et al., Cotton County District Court, Case Nos. CJ-93-19 and CJ-94-45, and, in open session, take appropriate action on said lawsuits.

Exhibits: None.

40.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss a pending civil suit styled Jeremy Alford, a minor, by his father and next friend, Chris Alford vs. The City of Lawton, a municipal corporation, Case No. CJ-97-866, in the District Court of Comanche County, and in open session, appoint a representative to attend the settlement conference. Exhibits: None.

41.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss a pending civil suit styled City of Lawton vs. International Association of Firefighters, Local 1882, and Charles T. Taylor, Case No. CJ-96-1049, Charles T. Taylor vs. City of Lawton, Case No. CJ-97-1149, and Tim Taylor vs. Oklahoma Employment Security Commission and the City of Lawton, Case No. CJ-96-0603, in the District Court of Comanche County, and, in open session appoint a representative to attend the settlement conference. Exhibits: None.

42.    Pursuant to Section 307B1, Title 25, Oklahoma Statutes, consider convening in executive session to conduct an interim evaluation of the performance of the City Manager, and take no action in open session. Exhibits: None.

Addendum: Pursuant to Section 307B1, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the action taken by the Personnel Board on Steve Wilson’s appeal, and, in open session, take appropriate action. Exhibits: None.

The Mayor and Council convened in executive session at approximately 7:40 p.m. and reconvened in regular, open session at approximately 10:10 p.m. with roll call reflecting all members present.

Cruz reported the Mayor and Council met in executive session to consider the items listed on the agenda for executive session. He said for Item 38 relating to the negotiations with the police union, no action is needed in open session. Cruz said on the item relating to the White v. City of Lawton lawsuit, no action is needed in open session.

Cruz said on the item relating to the Chris Alford v. City of Lawton, he asked that Council designate Council Member Maples to be the City’s representative at the settlement conference scheduled for March 11.

Cruz said on the item relating to the Tim Taylor lawsuits, he asked that Council designate Council Member Shanklin to be the City’s representative at the settlement conference scheduled for March 12.

Cruz said on the addendum relating to the action taken by the Personnel Board on Steve Wilson’s appeal, he asked Council to approve a motion authorizing him to appeal the decision of the Personnel Board in this matter.

Mayor Marley reported on the item relating to the evaluation of the City Manager stating no action is needed in open session for the discussion that was held with the City Manager.

REPORTS: MAYOR/CITY MANAGER/CITY COUNCIL.

Beller said he noticed in the Oklahoma Municipal League paper that this is Municipal Government Week and asked if there were any plans in that regard. Green said she planned to bring students from Douglas School on March 18. Schumpert said Lawton does not have separate activities during that week but participates with the Student Government Day activities where students hold mock council meetings and accompany staff members to observe performance. Beller suggested something could be done next year and Schumpert said perhaps Student Government Day could be moved to Municipal Government Week.

Williams reported the Museum Trust Authority would hold its first meeting on Thursday at 7 p.m. at the Library and everyone is welcome to attend.

Purcell asked the status of the flood appeals board ordinance and Schumpert said it is due to be on the next Council agenda.

Purcell said he would encourage people to visit with the Sentinels about their program and that he planned to contact them to suggest they be prepared to speak to the Council as a group in open session during the budget cycle to talk about that issue and how they can be supported because they are doing a great job for the City. Maples said they should be advised that they have the support of the Council.

Green said on Saturday night the Alpha Kappa Alpha sorority will be presenting Little Miss Rainbow Star Pageant with 15 girls ranging from 7 to 12 years old. She said the pageant will be at Douglas School on February 28 at 7 p.m. and this is the last event for Black History Month. Attendance was encouraged.

Sadler asked when Item 5 on yard waste would be returned from being tabled and discussion was held. Purcell said he made the motion to table and that the second meeting in March would be fine to consider the item.

Mayor Marley said tomorrow at 10 a.m. in the Library the second meeting of the community development group would be held. He said 49 items were discussed at the first meeting and an attempt will be made to prioritize at least some of the projects. Attendance was encouraged.

Schumpert reported the Oklahoma Highway Users Federation had sent a letter recognizing Lawton for participating in the Pedestrian Safety Award program.

Williams said there was an item tonight initiated by a non-City entity, and at the bottom of the page it states "recommended council action". He said he interpreted that to mean staff recommendation, although Schumpert mentioned during the item on engineering inspection fees that it was not staff’s recommendation, but the recommendation of the initiator. Schumpert said that was correct. Williams asked if that was always true, that the recommendation is that of the initiator, and that he had seen it shown as a staff recommendation or a committee recommendation, or two recommendations. Schumpert said the code is that if it says staff recommended council action, that it is coming from staff; part of the dilemma is that if a council member wants something to be approved, to have council members’ recommended council action and then staff’s recommended council action when they are different. Schumpert said the recommended council action would be the recommendation of the initiator, and if it is staff’s recommendation, it would be shown as staff’s recommendation. Schumpert said when the recommendation is from LMAPC, that is clearly shown at the bottom, along with staff’s recommendation, and that could be done consistently if it would be clearer. Williams said he had not known that the recommendation on the Bar S item was not the staff’s recommendation. Schumpert said the background information contains language from the initiator, and that is the case when members ask the City Clerk to prepare an item, and it would be taking liberty to add more language to the council member’s background information.

There was no further business to consider and the meeting adjourned at 10:20 p.m.

        ______________________________

        JOHN T. MARLEY, MAYOR

ATTEST:

_______________________________

BRENDA SMITH, CITY CLERK