Month 1998-4 April


Meeting of 1998-4-28 Regular Meeting



MINUTES
LAWTON CITY COUNCIL REGULAR MEETING
APRIL 28, 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 6:35 p.m. by Mayor Marley. Notice of meeting and agenda were posted on the City Hall notice 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.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL SPECIAL MEETING OF APRIL 7 AND REGULAR MEETING OF APRIL 14, 1998.

MOVED by Green, SECOND by Sadler, to approve Minutes of April 7. AYE: Beller, Green, Warren, Maples, Williams, Sadler, Shanklin. NAY: None. ABSTAIN: Purcell. MOTION CARRIED.

MOVED by Green, SECOND by Sadler, to approve Minutes of April 14. AYE: Green, Warren, Maples, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

AUDIENCE PARTICIPATION:

Pastor Sam Moyd, ZOE Christian Center, began to speak regarding a funding request and was asked to wait until the public hearing later in the meeting.

BUSINESS ITEMS:

1.    Hold a public hearing and adopt resolutions declaring the structures at the locations specified on the attached sheet to be dilapidated and detrimental to the health and safety of the community; authorize expenditure of CDBG funds, if necessary, to demolish these structures. Exhibits: Resolution Nos. 98-_____ (12 resolutions).

Dan Tucker, Code Administration Director, presented video and comments regarding the following structures:

403 NW Arlington:  Garage structure; checked in November, requests sent to State Historical Society and Fire Department; received answer from Historical Society in January and from the Fire Department in March. Notice was published. Staff spoke with the property owner in December, who assured something would be done by February 1. A contractor applied yesterday, although his license expired last June and he did not have insurance to get a permit. Shanklin asked if the permit was for demolition or remodel and Tucker said remodel.

PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was recessed.

MOVED by Shanklin, SECOND by Williams, to approve Resolution No. 98-57. AYE: Warren, Maples Williams, Sadler, Purcell, Shanklin, Beller, Green. NAY: None. MOTION CARRIED.

(Title only)    RESOLUTION NO. 98-57
A resolution determining a certain main 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. Legal: Lot 15, Block 49, North Addition. Owner: Harold T. and Genevieve K. Hickman.

2604 SW G Avenue:  In July 1997, a notice to secure the property was mailed. Inspection was done with the owners present, and a list of corrective action was given to them. Permit was issued October 3, 1997, to remodel and the permit expired March 3, 1998 with no upgrades having been accomplished. Application was received for another permit to restore it and response was it would be brought to Council before further action was taken.

PUBLIC HEARING OPENED. No one appeared to speak and public hearing was recessed.

MOVED by Purcell, SECOND by Warren, to approve Resolution No. 98-58. AYE: Maples, Williams, Sadler, Purcell, Shanklin, Beller, Green, Warren. NAY: None. MOTION CARRIED.

(Title only)    RESOLUTION NO. 98-58
A resolution determining a certain main 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. Legal: Lots 3-4, Block 5, Sunset Place Addition. Owner: Ben S. and Helen Luna, Jr.

2143 SW McKinley Avenue: Owner was notified in December; request was sent to Historical Society and Fire Department and responses were received. In December the owner said he was unsure as to what to do with the building and would make a decision after the first of the year, and there has been no further contact.

Shanklin said Tucker keeps mentioning the historical society and that he thought that came into play only on use of CDBG funds. Tucker said that is correct. Shanklin asked why the properties are delayed waiting on their response. Tucker said if the owner does demolition or Council directs that funds other than CDBG be used, the historical society does not enter into it; but it is required to use CDBG funds. Shanklin asked if that is known prior to the hearing. Tucker said the historical society request is made at the same time the owner is notified to make delays as short as possible. Shanklin asked if a delay is caused waiting on a response from the historical society, when that response may or may not be needed.

Williams asked if the historical society takes three months to answer and Tucker said yes. Williams asked if attempts have been made to get them to respond more quickly. Schumpert said those attempts had been made but were not productive. Schumpert said CDBG funds are used for demolition first, and then the general fund if needed, but that is the reason for the process. Shanklin asked if there is an immediate assumption that the owner will not pay for it. Schumpert said the owners usually have done nothing to the property and there would not be much of a reason to assume they would do demolition.

Shanklin asked why the Fire Marshall has to look at the structures. Cruz said State Law requires an inspection for fire and safety, and the Fire Marshall inspects to determine if it is a fire hazard to the community. Shanklin said not every building that needs to be demolished is a fire hazard, although anything can be set on fire. Mayor Marley said the question appears to be whether the process can be shortened, and if an entire group can be sent to the historical society for a response. Tucker said structures are usually submitted in blocks of 20-25 at a time to the historical society and Fire Marshall’s Office, and responses are received in a similar manner. Williams said budgeting funds for this purpose would not require use of CDBG funding. Shanklin said CDBG funding can only be used for areas that qualify, and Code Administration would not look at some properties he had turned in four blocks from City Hall.

PUBLIC HEARING OPENED.

Bill Harrison, 3806 Berkshire Court, said he and his wife own the house on McKinley and agreed it needed attention. He said it has a good foundation, 2 x 10 floor joints 10 inches on center, the floor is level, the walls are plum, the house is square and has a three year old roof; all the dimensional lumber in it is sound. Harrison requested time to be able to sell the house and the entire property. He said he is 68 years old and did not want to do the repairs.

Shanklin asked if the transactions could be done in six months and said he had several years. Harrison said he and his wife had a comfortable income usually, although he just spent $15,000 on taxes and that he had collected sales tax for the City of Lawton since 1956. Harrison said he would like a little special consideration to try to get rid of the property.

Williams asked Harrison how long he had owned the property. Harrison said 30 years. Williams asked how much more time was needed. Harrison said a friend of theirs had lived there for 30 years and he was placed in a nursing home. Harrison said he should get a little bit of time and asked how much time the City had given to Southwestern Hospital. Mayor Marley said the message had been received and such comments were not necessary. Harrison said he was dealing with Dennis Chavez and Les McKinzey and hoped to have the structure moved from the property.

Purcell asked how long the structure had been in this condition and vacant. Harrison said it has been vacant approximately eight months and that he did not collect rent from the occupant. Green asked how much time was being requested and Harrison said six months. Williams asked if Harrison planned to have the house moved. Harrison said he wanted to sell it or give it away, and that the Tax Assessor had sent him a notice recently saying its worth was $14,000.

PUBLIC HEARING RECESSED

MOVED by Williams, to approve Resolution No. 98-59, and if Harrison wants to come in to get a permit, there is an opportunity for him to do that.

Shanklin explained to Harrison that he could come in to get a building permit and that he would have 180 days to complete his plans.

SUBSTITUTE MOTION by Green, SECOND by Beller, to allow Mr. Harrison six months on the property to get it back in order or sell it.

Mayor Marley said Williams’ original motion would die for lack of a second, and the motion offered by Green would become the only motion on the floor at this time. Green said the motions are really the same thing. Schumpert said the motion giving six months is not the same as passing the resolution; the resolution requires action be taken within two weeks, either to get a permit to demolish or to get a permit to remodel. Shanklin said the motion was to give him six months to do something with it, meaning to move, remodel or demolish, which is the same thing as the resolution. Schumpert said if nothing is done in six months under the motion, the property would have to be returned and the owner would have another two weeks to decide what to do and another six months for a permit.

SUBSTITUTE MOTION by Green, SECOND by Williams, to approve Resolution No. 98-59. AYE: Williams, Sadler, Purcell, Shanklin, Green, Warren, Maples. NAY: Beller. MOTION CARRIED.

(Title only)    RESOLUTION NO. 98-59
A resolution determining a certain main 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. Legal: E 15’ of Lot 26 and all of Lots 27-29, Block 51, Lawton View Addition. Owner: Ralphene Harrison.

1726 SW Monroe: Owners were notified in October 1997. Historical society and Fire Marshall replies have been received. The owner has not responded; no permits have been requested. It is a cinder block structure that leans and is out of plumb. Recommendation is that the building be condemned and demolished.

PUBLIC HEARING OPENED. No one appeared to speak; public hearing was recessed.

MOVED by Green, SECOND by Purcell, to approve Resolution No. 98-60. AYE: Sadler, Purcell, Shanklin, Beller, Green, Warren, Maples, Williams. NAY: None. MOTION CARRIED.

(Title only)    RESOLUTION NO. 98-60
A resolution determining a certain main 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. Legal: Lots 12-13, Block 38, Lawton View Addition. Owner: Bernice English.

2030 and 2030-1/2 SW Monroe: Two structures are involved; letter was mailed to the owner October 1997 and responses have been received from historical society and fire official. Staff has been talking with Mr. Miggins, the owner, and his health has not been good; normally he and his son have been caring for their property. Debris is stacked around the buildings, which have been used for the past 12 years for material storage to support his other properties.
PUBLIC HEARING OPENED. No one appeared to speak; public hearing was recessed.

MOVED by Green, SECOND by Sadler, to approve Resolution No. 98-61. AYE: Purcell, Shanklin, Beller, Green, Warren, Maples, Williams, Sadler. NAY: None. MOTION CARRIED.

(Title only)    RESOLUTION NO. 98-61
A resolution determining a certain main 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. Legal: Lots 14-16, Block 35, Lawton View Addition. Owner: Eugene W. and Ruby Miggins.

Tucker said 2604 Williams and 1206 SW 3rd Street have been removed; the owners received permits to remodel the structures.

1506 SW 4th Street: Structure has not had utilities in excess of one year. Owner was notified; property is vacant, unsecured and there is tall grass and debris. Storm cellar is standing open; it was previously secured but has been kicked open.

PUBLIC HEARING OPENED. No one appeared to speak; public hearing recessed.

MOVED by Williams, SECOND by Purcell, to approve Resolution No. 98-62. AYE: Shanklin, Beller, Green, Warren, Maples, Williams, Sadler, Purcell. NAY: None. MOTION CARRIED.

(Title only)    RESOLUTION NO. 98-62
A resolution determining a certain main 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. Legal: Beg NW/C Lot 9; Thn E 87’ SE’RLY 83.65’ W 133.38’ N 62.2’ to point of beginning, Block 18, Airport Addition. Owner: Thelma Lucille Keller.

Tucker said the owner of 1508 SW 4th Street obtained a remodel permit today and no action is needed.

204 SW 10th Street: Notice was mailed to the owner in November; historical society and fire officials have responded. Owner indicated he wished to keep the property for storage; the front plate glass window has been broken and is hanging in the window frame. Interior downstairs area is dilapidated, looking through the window; ceiling is falling in and there is debris on the floor. Video was taken through the broken window from the front of the building. Inspectors have not inspected the interior; no permits have been requested. Purcell asked when the owner requested to keep this as a storage building. Tucker said November 1997.

PUBLIC HEARING OPENED. No one appeared to speak; public hearing recessed.

MOVED by Green, SECOND by Purcell, to approve Resolution No. 98-63. AYE: Beller, Green, Warren, Maples, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

(Title only)    RESOLUTION NO. 98-63
A resolution determining a certain main 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. Legal: Lot 8, Block 32, Lawton Original Addition. Owner: Bob L. Mansell.

1708 S 13th Street: This is a vacant, unsecured, wood frame structure, which is dilapidated. In December, a new owner’s address was posted, and the owner expressed a desire to demolish but did not have adequate funding. When the structure was first inspected, vagrants were occupying it and that continues to be the case. Shanklin asked if after three months the historical society indicates federal funds should not be used, what would happen. Tucker said he would advise the Council and recommend an alternative funding source.

PUBLIC HEARING OPENED. No one appeared to speak; public hearing recessed.

MOVED by Green, SECOND by Sadler, to approve Resolution No. 98-64. AYE: Green, Warren, Maples, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

(Title only)    RESOLUTION NO. 98-64
A resolution determining a certain main 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. Legal: Lot 4, Block 1, Woodhouse Subdivision 6-7-8. Owner: Elnora Brown.

1302 NW 21st Street: Letter was received from the owner’s agent; structures are vacant. An attempt is being made to sell the land, and the request from the agent was that it be tabled to the second meeting in May. Properties are secured. Location is on 21st Street immediately south of Oak Avenue on the west side of the street. Structure is either to be demolished as a result of redevelopment of the area, or to be demolished separately. Shanklin asked if a remodel permit can be obtained and then in a few weeks obtain a demolition permit on the same property. Tucker said yes.

Purcell said the resolution provides 15 days to take certain actions and asked if that was required or if it could be changed from 15 days to 30 days. Cruz said it could be amended to 30 days. Shanklin asked if that would have been possible on the others previously considered or if it is in the code.

PUBLIC HEARING OPENED. No one appeared to speak; public hearing recessed.

MOVED by Purcell, SECOND by Williams, to approve Resolution No. 98-65 with modification to include in the last paragraph on Page 30 where it has 15 days, change that to 30 days; and also on Page 31 in Section Two, change that 15 days to 30 days. AYE: Warren, Maples, Williams, Sadler, Purcell, Shanklin, Beller, Green. NAY: None. MOTION CARRIED.

(Title only)    RESOLUTION NO. 98-65
A resolution determining a certain main 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. Legal: Pt of Lot 3 E/2 of S/2 of N/2 of Lot 3, Thompson Subdivision. Owner: Lawrence E. Banks, Trustee.

2.    Hold a public hearing to consider the Consolidated One-Year Action Plan for federal fiscal year (FFY) 1998 (Draft), receive input from citizens, provide council input, and approve submission of the Consolidated One-Year Action Plan to HUD using Option 1. Exhibits: CDBG and HOME Funding Allocations Summaries; Summary of Project Descriptions; Project Maps; Previous Years’ Funding.

Schumpert said a series of community meetings were held and three options have been provided
with accompanying project descriptions. Williams asked if this had to be adopted tonight and response was deadline is May 15.

Frank Pondrom, Housing and Community Development Director, pointed out low and moderate income areas on a slide. Criteria to be eligible for block grant program funding are eliminate slums and blight; benefit low and moderate income persons; or other urgent needs. Low and moderate income criteria may also apply to an area; project location is important but not the sole determining criteria as to project eligibility. For instance, Patterson Center is not in the area that is a low and moderate income block group but it does serve a larger area, so activities at Patterson Center would be eligible. Conversely, the H.C. King Center is in a low and moderate income block group, but it serves a much larger area which does not contain 51% low and moderate income persons, therefore, we ceased eligibility for use of such funds at that center last year.

Pondrom said slum and blight elimination is eligible anywhere in the City for block grant funding, once the resolution is passed and the historical society concurs. Slide was presented showing three funding options. Option One carries forward from the Consolidated Plan and is supported by members of the Lawton View Area, Ranch Oaks, and Patterson Center. Option Two is based on the need for sewer improvements, to include neighborhood sewers, taken from the list of needs. Project 28 is a larger trunk sewer estimated at $525,000, serves a larger low and moderate income area, and it is eligible. Option Three includes renovation of Dunbar School, and it does not appear the 108 EDI grant will be approved. Schumpert pointed out the proposal for Youth With A Purpose is not included at all.

Pondrom said the final slide shows projects proposed in Option One, to include a kiddie pool at Patterson Center, one in the Ranch Oaks neighborhood, and one in Lawton View; repaving of Belmont Avenue; drainage improvements in Ranch Oaks near Chisolm Trail Drive, and curbing on New York. He pointed out areas in the flood plain. Pondrom made the following statement for the record: "Some projects in the Community Development Block Grant Program, notably the Chisolm Trail in Option One, Chisolm Trail and the kiddie pool are located in flood plain areas. We are required to follow executive orders on that particular thing, but most of the time there is no alternative to making these improvements, but for the record I’d like to say that there are some projects and that we will document them in the environmental review."

Pondrom said the areas shown in red, yellow and orange are noise sensitive, and HUD prohibits undertaking activities in those areas. None of the projects in Option One are in those categories and the others in demolition or rehabilitation would be addressed as they come up.

Tom Aplin, Federal Housing Project Coordinator, presented a slide showing proposal for HOME Investment Partnership Program funds; $474,000 has been allocated for the coming fiscal year. Those funds are supplemented by part of the match requirement, $13,335, made by the City, for a total of $487,335. $47,200 was set aside for HOME Administration, and the maximum allowed by law for administration is 10%. The Great Plains Improvement Foundation (GPIF) serves as the Community Housing Development Organization (CHDO), and the funds are to be used to further the development of housing in the community. To this point, funds have been used to purchase properties for use as transitional housing; however, based on a review this spring and an inventory of housing, the Director of GPIF expressed concern about being able to take on the responsibility for additional transitional housing. As a result, they have requested to use funds allocated for purposes of housing development, either through purchase of dilapidated property, rehabilitation and resale, or perhaps construction of new properties. Law requires a minimum of 15% of the annual funding be dedicated to CHDO operations; the $71,100 shown represents that 15%.

Aplin said the next recommendation deals with the Tenant Based Rental Assistance Program; $163,800 is allocated and that is a two year allocation. This provides rental assistance to very low income families in the community and has been a well used program. GPIF administers the program by contract, and a new contract will be required. The First Time Homebuyer Program has $107,500 and it will allow home ownership opportunities for between four and six low income families. The Homeowner Rehabilitation Program, $89,000, will provide rehabilitation assistance to owners of existing houses, and that amount will serve three or four families and will augment funds set aside in the Community Development Block Grant Program. Rental Rehabilitation Project is shown for $8,500 for one project, and this will be reviewed to see if it will be a workable or successful program. The properties will have to be set aside for use by low income families and rents must be kept affordable and consistent with HUD’s fair market rents in the area.

Beller asked the criteria for the Tenant Based Rental Assistance or Rental Rehabilitation Project. Aplin said a landlord will own the home and the program will contribute up to 50% of the cost of rehabilitation in the form of a low interest loan at a rate of 3% for a certain number of years; once the rehabilitation is done, the owner is obligated to rent the property for a set number of years, depending on the investment, and must dedicate it for use by low income families and charge affordable rent. Aplin said the goal is to upgrade rental properties and have units available for low income families. Shanklin said $200,000 or more has been set aside in the past. Aplin agreed and said no takers were found so the funds were moved to other parts of the program. Aplin said an application has been received for these funds now, so the funds are not being set aside only with hopes that someone would come forward. Aplin said several people at the neighborhood meetings expressed concern about the quality of the rental properties in their neighborhoods.

PUBLIC HEARING OPENED.

Charlie Baer, Executive Director of the Christian Family Counseling Center, spoke in favor of their request for continued funding under the public service portion of Option One. He reviewed accomplishments last year resulting from funding in the amount of $20,000, and requested a funding increase for the coming year. Williams said $23,780 is identified in this budget and asked the total request; Baer responded $36,000. Baer reviewed numbers of families assisted (42), types of counseling and problems encountered, future plans for persons requesting assistance to obtain transportation to their offices in Cache Road Square, and for advertisement of the services. He said they are seeing significant numbers of people who are staying with their sessions to receive help with their problems, and read from clients’ letters regarding help provided.

Baer said he 15% of projected funds for public service would be $193,193, and the final allocations for public service total $185,193, which leaves $8,000 of public service funds into the contingency. He requested they be allowed to use the full 15% in public service and receive that additional funding. Purcell asked how $23,780 came to be the number selected. Pondrom said it was backed into based on the amount of money available, and the requirement for Hospice was originally shown at $48,000 but their request was $40,000, so there was $8,000 in public service that could be used. Pondrom said the $193,193 figure was based on reprogramming $170,000, so unless we reprogram a lot of money next year in the same scenario, some of the public services will have to be reduced unless the funding increases. Pondrom said $8,000 is available and there are other requests also.
Shanklin said there was concern last year that a good portion of a youth employment project was going toward administration, and asked if that was the case this year. Pondrom said the youth program was tied to the area prevention resource last year, and those funds were used to hire the trainers, so there was a dual purpose; that $20,000 was put under economic development.

Sadler asked what was used to arrive at the $185,000 in public service. Pondrom said MedTrans $73,413; Hospice $40,000; Family Counseling Center $23,780; Not Yet Area Resource $48,000; and $8,000 is available if Council desires to program the maximum amount in public service.

Pastor Sam Moyd, ZOE Christian Center, said he submitted a proposal for Youth With A Purpose for job development for $20,000 and requested funding. He said page two shows a statement of need and target population; according to the most recent Comanche County community needs assessment, the Lawton View area was identified as the part of the community that needs assistance the most. This area was selected because most of the low and moderate income indicators as well as data concerning the concentration of minorities indicated that the Lawton View neighborhood should be continued as the number one priority. Moyd said they had developed a 12 week youth employment/community program with a three fold purpose; first to employ low income youth in the Lawton View area; second, to provide the youth with career and life skills, a sense of confidence, usefulness, belonging and purpose; and third, to be a catalyst in the improvement of the Lawton View area by making it a better place to live and work. Moyd said twelve young persons would be assisted.

Purcell asked if all the funding would assist 12 young persons and Moyd said yes. Purcell said he understood the young persons would be paid to work, which was good, but it represented only about 45% of the total budget, and almost 50% would go to adults. He suggested spending more on the young persons and possibly have 18 assisted instead of 12, and spend less on administration. Moyd said a lot of it is for mentors who will be spending time with the youth; not only will they be cleaning up the neighborhood, they will provide life skill training; funding is about 50% adult and 50% youth. Purcell asked if there could be more adult volunteers and less payment to them, and put more into the youth. Green said United Social Action requested $20,000 last year and they worked with 41 children, and the cost of administration was much less. She suggested this be revised. Moyd said the United Social Action provided only employment and no life skills training. Schumpert noted the request is not a listed project; one is included showing a youth job development project for $20,000 but it is not the one just briefed.

Annette Dawkins, Executive Director of Northside Chamber of Commerce, said HUD has found that the economic development program is a small business program, with 99% of assisted businesses reporting revenues of under $6 million. More than half of those assisted employed five persons or less, and minority owned businesses were assisted at about three times the expected rate. It was also found that the businesses met basic tests of job quality; 89% of the positions created remained after four years; 96% paid more than minimum wage; neighborhood residents held 32% of those jobs created. The Northside Chamber, through its minority business development agency, has contributed to these goals through CDBG funding by the City. For fiscal year 1996, it assisted 133 clients with business plan development which helped to create 17 businesses, 69 full time jobs, and generated over $547,000 in operating capital. The 69 jobs still exist; 16 of the 17 businesses still exist. She further described the services provided, to include supporting the Minority Business Opportunity Committee (MBOC) in cooperation with other entities, noting this support was used as the City’s match for the federal grant request. She requested support in continuing this effort by funding option one for the coming fiscal year.

Lisa Stein, Comanche County Memorial Hospital, spoke regarding the Not Yet Program and Youth Job Development Project, and requests were submitted for each. Last year’s projects were the Girl Power Conference for fifth grade girls; 195 attended. The conference included workshops, cultural sensitivity, self esteem and respect for yourself and others; high school teen trainers conducted workshops about what to expect when they got to junior high; high school boys talked to fifth grade girls about some of the lines the boys may run on them. Drama and communication workshops were also held. The community committee that came together to work on this were Girl Scouts, PTA Council, Lawton Public Schools, and several local businesses, along with a youth committee of teenagers who helped plan the event.

Stein said they also coordinated PSI, which is the research based curriculum used with the teen pregnancy projects, and that was delivered at Central Junior High School. It is a four part curriculum and when they do it in churches and neighborhood settings, each session is about two hours long, but it was shortened to 50 minutes in the Lawton Public Schools, and 150 young people went through that course. An increase of 22% was seen in the teenagers’ knowledge between the pre-test and post-test. The youth job development is a sister program to this and enables the use of teen trainers; next year’s goal is to have 20 teen trainers recruited from north central, central, and south central Lawton. Students from Lawton High and Central are good to apply and before CDBG funding was provided they had five or six, but because of this funding they may have 20. The trainers would attend a camp held at Cameron University and receive four days of training. Plans are to hire a teen trainer coordinator to work with them in the evenings and after school; a person currently on staff as part time would fill that position.

Stein said the other things that were different this year was they wanted to do a plain talk conference with parents, which is a curriculum and workshop, and with Parent University and others programs they found they needed incentives to get parents to attend. They would like to provide babysitting and a light meal, as is done with Parent University, for the plain talk conference, and it would target parents of 10 to 14 year olds.

Williams said funding is identified at $48,000 and asked if that was the request. Stein said yes. Beller said he listened to a program today on the Honor Society membership versus teen pregnancy, and it was a heated debate. Stein said teen pregnancy is a hot topic with teenagers, and if you talk to students, they are very upset about the number of their friends and fellow students that are pregnant. Stein said due to privacy reasons they could not get the figures from the Lawton Public Schools, but you will see a lot of pregnant girls in the halls. Beller asked how many students a year participate in the program. Stein said between 500 to 600, but only about 150 went through the entire curriculum. Stein said they felt the numbers would be higher next year and that Barbara Ellis at Central Junior High had invited them to look at going into the 8th and 9th grade science classes, because this now is only going to family life classes and that is not every student, and there is a need to reach many more kids.

Albert Johnson said he appreciated staff’s efforts to meet with neighborhood residents. He said discussion had been held with Patterson, Ranch Oak, and Lawton View associations about providing kiddie pools. Some parents have reservations about taking their children to the city pool. He said many young people use the services at Patterson Center and it would be beneficial to have a kiddie pool, especially during the summer when there are other activities, and children from locations other than the Patterson community are invited to join in.

Johnson said regarding the Carver drainage system, for more than 12 years, the property owners, many of whom have moved, leaving many rentals, but the runoff from Lake Helen travels from north going south and in the 500 block, water settles and becomes very stagnant, producing a bad odor. He said people call him who are worried about their parents, who are in their 70’s or 80’s, and when the water crests, they find snakes in their homes. This does not speak well of a community and residents request relief.

Shanklin asked the location involved. Johnson said from Dearborn going north behind Carver Addition, and water runs off of a concrete block, settles there and becomes very stagnant. Maples asked if a cost estimate was available and Ihler said $250,000. Beller said he would prefer the funds be spent on the drainage as opposed to the kiddie pools due to concerns over safety, the maintenance that would be required through the years, and operational costs; other kiddie pools do not have a large usage. Beller said he could not see putting $180,000 into kiddie pools, not counting employees required, chlorine testing, etc. Sadler said the main pool could not open on time last year due to no life guards. Beller said the drainage problem would be the more serious of the two and it should be addressed.

Purcell said he agreed with Beller regarding the kiddie pools, and that he had respect for Johnson’s work in the community. Johnson said he did not initiate the request but did work with the neighborhood residents and a lady had started a day care center, and there are things happening at Patterson Center.

PUBLIC HEARING CLOSED.

Beller recommended the $180,000 for kiddie pools be reallocated to other areas if Council concurred, and there was general agreement. Purcell suggested moving the three items under option three, the three playgrounds or parks at $37,000, be funded ($15,000, $12,000 and $10,000). Purcell said the items shown under neighborhood sewer are needed, and that is approximately $112,000, and should be included. Purcell said he would support the Youth With A Purpose, but not if it includes the amount shown for administration. Purcell suggested adding the $8,000 available to Family Counseling Services to meet the limit in that category. Schumpert asked if the major sewer project was to be included and Purcell said not the one for $525,000, but $112,000 for six projects should be included for consideration next time.

Williams said he would like to see Family Counseling funded at the level they requested, $36,000. He said there appears to be a tremendous need in that area, and funding could be provided at a higher level, rather than having a larger amount remain in contingency. Purcell said it would have to be taken from one of the other service type programs, although he agreed it would be better to fund it more. Pondrom said it is limited due to the category. Maples suggested to make it more even for the people providing services, they could take $2,000 from the $48,000 for the Not Yet Program and put it for the Family Counseling for a more level playing field, because the Not Yet Program got full funding requested and the others did not. The suggestion to take $2,000 from Not Yet and the $8,000 available and apply it to Family Counseling was agreeable.

Green asked that the suggestions be summarized. Purcell summarized as follows: change Not Yet Program to $46,000 and up Family Counseling to about $33,780 approximately; fund the items on the parks listed under option three for $15,000, $12,000 and $10,000 for a total of $37,000; eliminate the kiddie pools and restrooms at a savings of $180,000; fund all the items on sewer projects except the large one for $525,000, and that funding would be approximately $112,000; and the funds left from the $180,000 go into contingency. Green asked if funding would be available for the ZOE Center proposal. Purcell said he would support it. Schumpert asked if that falls under public services. Pondrom said it falls under economic development so it would not be under that cap since it is employment. Green asked if the Northside Chamber could be increased and Purcell said their request was fully funded.

Maples asked how Youth With A Purpose could be different from Youth Job Development. Purcell said those are both in economic development; only the teenage pregnancy is under the service category.

Green suggested the Northside Chamber receive an additional $4,000. Williams said Dawkins identified positive results and it is funding well spent, and could be considered at the next meeting. Discussion was held on the 24th Street sewer upgrade and the result would be not funding other programs. Green asked if funding from the kiddie pools could be applied to Carver drainage. Beller said the cost is $250,000 and it would still be short, even including the sewer projects. Williams said the sewer projects would benefit more people than the Carver drainage, and Beller suggested City crews could do some work on the Carver drainage problems.

Maples said on Youth With A Purpose, she always favored hiring youth, but on page three of their proposal, section two, it is selective on who would be hired and it would be limited to youth from the Lawton View area. She said it was wrong to select one particular area and there are more areas that also have low income kids that want and need jobs. Maples asked that this be considered. Beller suggested it be changed from Lawton View to low income. Purcell said the object appeared to include self esteem as well as jobs. Williams suggested churches and facilities should do that anyway.

Staff will return the plan with guidance provided at the next meeting.

3.    Consider adopting an ordinance relating to taxicabs, amending Article 24, Chapter 7, Lawton City Code, 1995, amending provisions relating to certificate of necessity, notice, insurance requirements, suspension or revocation of certificates and appeals, taxicab drivers permits, grounds for denial of driver’s permits, revocation and suspension of drivers permits, requirements for taxicab, and providing for severability. Exhibits: Summary of Changes; Ordinance No. 98-_____.

Beller said the taxicab committee would meet on this item on May 12, along with the taxicab company owners, and requested the item be tabled for that opportunity.

MOVED by Beller, SECOND by Shanklin, to table the item to May 12. AYE: Maples, Williams, Sadler, Purcell, Shanklin, Beller, Green, Warren. NAY: None. MOTION CARRIED.

4.    Consider adopting an ordinance amending Chapter 23, Lawton City Code, 1995, amending the City’s traffic code to include, but not limited to, definitions, traffic control devices, equipment required, overtaking, passing, accidents, pedestrian crossings. Exhibits: Summary of Changes; Ordinance No. 98-11.

Cruz said the ordinance will bring the code into conformance with state law, and clarifies language.

MOVED by Williams, SECOND by Beller, to approve Ordinance No. 98-11, waive reading of the ordinance, reading only the title.

Purcell said he had noticed vehicles without mufflers lately and asked if that is addressed here. Cruz said defective equipment is currently included. Sadler said the portion regarding animals being parked on the streets was stricken and asked if that would affect carriage rides. Cruz will look into it and respond.

(Title read by Clerk)    ORDINANCE NO. 98-11
An ordinance relating to motor vehicles, amending Chapter 23, Lawton City Code, 1995, as amended, amending certain traffic codes, to include definitions, traffic control devices, equipment required, provisions for driving, right-of-way, accidents, bicycles and pedestrians, enforcement of the traffic codes, penalties and arrest procedures, and providing for severability.

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

5.    Consider adopting a resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995, increasing the rate for Landfill fees, establishing fees for commercial refuse and providing an effective date. Exhibits: Landfill Survey Results; Res. No. 98-66.

Schumpert distributed information showing a comparison based on haulers pay now, the proposed fee, and the costs involved.

Shanklin said this came about because of information that the City was all but giving away the use of the landfill. He said we take in 110,000 tons of solid waste a year, and 55,000 of it is from Lawton, meaning half of it is from out of town or out of state, and there was no way of knowing who was who at the landfill, and it is impossible for the one attendant to determine if a truck came from Lawton, Wichita Falls, or Oklahoma City. He said we are not getting our money’s worth for the taxpayers.

Shanklin asked that Council look at fees from Altus and Wichita Falls, as that is the competition, and that Lawton should be comparable in charging fees, or perhaps higher, in terms of commercial haulers. He said he was satisfied that group would be upset to see the tipping fee more than double, but they were getting it a too low of a price. Shanklin said this does not affect anyone inside Lawton taking their trash to the dump in a one ton truck or less, showing their water bill as residence inside the City; those will not be charged. Shanklin said those not using our service are required to pay for availability through the water bill. He said Lawton should get into the dumpster business or out of it, and City crews do a better job of cleaning up around the dumpster than others. Shanklin suggested the revenue generated from commercial haulers should be placed in an account for future expansion of the landfill.

Shanklin suggested adoption of the committee’s recommended rates of inside the City limits $22; outside $25; and out of state $55, and asked how we would know who came from out of state. He asked if there was hazardous waste and Ihler said it is not accepted. He said commercial hauler rates are recommended by the committee to be $27.50 per ton.

Purcell asked if the person using a one ton truck doing commercial yard work could dump free as long as he had a water bill. Shanklin said he would think that would be acceptable because the person mowed a taxpayer’s lawn and it would save the crews from picking it up.

Williams said Council reduced fees at the last meeting for demolished houses condemned by the City and they are being increased here. Shanklin said he did not understand why that person should have a break any more than others and that he would have benefited from ownership of the property. Williams said it was not mentioned in any other places.

Beller said he felt this is necessary and that those using the landfill should pay a fair share; if they elect not to use it, the life of the landfill would be extended.

MOVED by Beller, SECOND by Warren, to approve Resolution No. 98-66.

Shanklin said he saw five packers at the landfill that were not related to Lawton, so we have truly been giving our landfill space away. Beller said he spoke with a man at the landfill who said his company, which was headquartered in Houston, has its own landfill at Alex, yet they take care of Chickasha, Marlow, Duncan, Chattannooga and so forth, and bring it to Lawton’s landfill.

VOTE ON MOTION: AYE: Sadler, Purcell, Shanklin, Beller, Green, Warren, Maples, Williams. NAY: None. MOTION CARRIED. (Note: During roll call it was pointed out the effective date is April 29 and that designating use of fees was not included in the resolution.)

Beller suggested looking closely at the status of the accounts of commercial haulers to be sure they are current. Schumpert said all are current with the exception of one. Shanklin asked if that had been true in the past and Schumpert said he could not say. Beller said a special effort is needed to be sure they do not get behind. Schumpert said one has a current monthly fee of $19,853 and it is past due by a week by $12,800; the rest are current.

(Title only)    RESOLUTION NO. 98-66
A resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995, increasing the rate for landfill fees and establishing and setting a fee for commercial refuse and providing an effective date.

6.    Consider approving a change in residential refuse pickup to include a special pickup of yard trash/brushwood, and determine a funding source. Exhibits: Minutes from Mayor’s Committee on Yard Trash/Brushwood (4/7/98); Sample Letter Notifying Citizens of Change; Sample Letter Notifying Stores for Participation.

Shanklin asked if the balance of Council Contingency was $60,000. Ihler said the estimate for the start up cost, bags, educational process of sending letters to residents and potential stores selling bags. Schumpert said he thought Council Contingency balance was $30,000, and they are planning to roll that into next year’s budget. Shanklin asked if this would be in effect next year. Beller asked if funding had to be on hand to purchase the bags. Ihler said funding would have to be available before a contract could be awarded to a vendor.

Maples asked if staff had spoken with store owners about selling the bags and Ihler said they had spoken with two or three who would be willing to sell them in their stores, and one is present tonight and would like to speak. Maples asked what would prevent a store owner from raising the bag price. Schumpert said the City would have a contract with the stores. Beller said this is a very successful program in Edmond and we are trying to have something similar.

Purcell asked the life of the landfill if this program is not done. Ihler said assuming the same amount of trash being received today and no additional growth, it would be about 15 years, and a new location should be sought prior to that time. Purcell asked how many years would be left with the landfill if this program were implemented. Ihler said based on the national average of about 18 to 20% of pickup being yard waste, an estimated life increase of two and a half to three years is reasonable. Purcell said this proposal would be costly and would extend the life of the landfill for a relatively short period of time. He said the trucks would have to make an extra run, which involves costs, and questioned if that would be worthwhile to extend the landfill for three years, or would it be better to continue as is and set aside the funds that would have been spent to be used for a new landfill.

Shanklin said it is not being done to save the landfill alone, but also to bring some equity for those who put out more trash than others. He said calls he received indicated approval of use of the bags and separation of trash from grass clippings; those who put out only one or two bags would pay for them, as would those who put out 40 bags. Beller said those using the service should be paying, and that he found in the 7600 block of Willow Creek Drive, there were 36 bags sitting on the curb last Monday a week ago at one home, and asked why the lady down the street with two bags should pay the same price as the person with 36 bags. Beller said it would not only extend the life of the landfill but it would generate some income, and this will be a very tough budget and Council will have to make some efforts to show the residents they can come up with money in certain places.

Maples said we are supposed to be a service providing agency, and not a revenue making agency. She said it should not be done only to raise money, and some low income persons cannot afford these costs so the waste would be thrown out in ditches. Shanklin said those horror stories had been told before and it did not materialize. Beller said funds are needed for increased operating expenses.

Beller said the recommendation is to approve and authorize staff to implement the program and amend City Code accordingly, and authorize a $25 rebate to citizens who purchase a mulching lawnmower. Schumpert said if that is approved, we would return amendments to the City Code and documentation to start the program, so there would be one more opportunity to discuss the merits of the issues.

Sadler asked an estimate for a new landfill. Ihler said it would depend on the size, and to provide the current Subtitle D area that should last about five years, the cost is $2 to $2.5 million. Sadler asked if the group discussed equity in household waste. Shanklin said no. Sadler said he received suggestions to remove the $9 fee from the services bill and let people buy and set out bags, which would be equity. Beller said it would be good to start with the yard waste, then look at the other programs.

Sadler said he received questions from commercial landscapers and thought the City did not charge them for bringing grass clippings to the landfill, but had then heard that was not the case because they have commercial tags. He said Council should do everything possible to encourage others to take grass clippings to the landfill for free, and those who did not wish to buy bags should also be allowed to take the grass to the landfill without charge. Ihler said in November, Council Policy 10-3 was approved dealing with collection of fees and the landfill; part of that policy provided that any vehicle with commercial markings or tags will be assessed a fee. Ihler said as staff prepares code amendments with regard to this item, one of the changes would be that if they come in with a commercial vehicle carrying yard waste, staff’s recommendation would be to allow them to dump without being charged, but right now they are being charged.

Warren said he did not recall equity being discussed at the committee meeting, and that government many times is not equitable. He said the issue to him was taking grass out of the landfill. Ihler said he felt the two issues were taking grass out of the landfill to extend its useful life, as well as some discussion on equity on the yard waste level, but not the household waste issue. Warren said it costs the City more to send a truck to a house that has one bag than one with ten bags.

Sadler asked if this would be done for six months or eight months. Ihler said from April to November. Warren said he supported this but hoped it would not be discussed further after this attempt. Williams said Council should proceed with this if it feels it is appropriate, and if not, stop discussing it.

MOVED by Beller, SECOND by Warren, to approve and authorize staff to implement the program and amend city code accordingly, and authorize a $25 rebate to citizens who purchase a mulching lawnmower.

Maples asked Schumpert if he supported this and Schumpert said no. Schumpert said the strict interpretation of the code regarding household waste is that residents get two containers of a certain size so there is equity within the code; however, crews pick up what is placed for collection rather than taking only two containers. Ihler said one store manager would like to speak and Council felt that may not be needed depending on the outcome of the vote.

SUBSTITUTE MOTION by Maples, SECOND by Purcell, to deny the recommendation and never bring it back. AYE: Purcell, Green, Maples, Sadler. NAY: Shanklin, Beller, Warren, Williams. TIE VOTE, MAYOR MARLEY VOTED NO; SUBSTITUTE MOTION FAILED.

VOTE ON ORIGINAL MOTION: AYE: Shanklin, Beller, Warren, Williams. NAY: Green, Maples, Sadler, Purcell. TIE VOTE; MAYOR MARLEY VOTED YES; ORIGINAL MOTION CARRIED.
 
7.    Consider a request from the Powerhouse Church of God in Christ United to purchase 1412 SW Tennessee. Exhibits: Letter of Request; Location Map; Draft Contract for Sale.

Bob Bigham, City Planner, said the City received a request for purchase of property with an offer of $3,000 which appears to be an appropriate amount as compared to the property which was purchased by ZOE Christian Center in the same vicinity.

MOVED by Williams, SECOND by Purcell, to accept the offer of $3,000 from the Powerhouse Church of God in Christ United to purchase 1412 SW Tennessee and authorize execution of the contract for sale and quit claim deed. AYE: Beller, Green, Warren, Maples, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

8.    Consider an ordinance amending Section 21-304G, Article 3, Chapter 21, Lawton City Code, 1995, modifying the time period for approved construction plats and Section 21-305C, Article 3, Chapter 21, Lawton City Code, 1995, modifying the time period for submission of record plats. Exhibits: Ordinance No. 98-12; LMAPC Minutes.

MOVED by Williams, SECOND by Warren, to approve Ordinance No. 98-12, waive reading of the ordinance, reading only the title.

(Title read by Clerk)    ORDINANCE NO. 98-12
An ordinance relating to subdivision regulations amending Section 21-304G, Article 3, Chapter 21, Lawton City Code, 1995, modifying the time period for approved construction plats and Section 21-305C, Article 3, Chapter 21, Lawton City Code, 1995, modifying the time period for submission of record plats.

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

9.    Consider denying a request for the installation of traffic control devices at the specified location. Exhibits: Excerpt from 4/16/98 Traffic Commission draft minutes.

Schumpert said the item involves a request for stop signs at the Flowermound and Bishop Road intersection, in conjunction with the county, making the intersection a four-way stop. Traffic Commission considered the item; Traffic Engineer recommended against it and the Traffic Commission voted to deny the request. Staff recommendation is that it be denied.

Purcell said he was unable to attend the Traffic Commission meeting, and his point of the need for the sign was not to control speed. He said Council should remember coming over a hill shortly before reaching Bishop Road because traffic drives toward the middle of the road, due to the poor condition of the road, and visibility is limited due to the hill. Purcell said it is a safety issue.

MOVED by Purcell, SECOND by Shanklin, to install a stop sign at that intersection on a permanent basis, and adopt a resolution.

Sadler asked if it involved one stop sign, and if it were removed, there would be three stop signs. Purcell said that would be possible, although if the City took its sign out, the County may do so as well. Sadler said it would be very strange to have a three way stop at a four way intersection.

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

(Title only)    RESOLUTION NO. 98-67
A resolution authorizing the installation of a traffic control device at a certain designated location within the City of Lawton, Oklahoma.

CONSENT AGENDA:

ITEM 10 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

11.    Consider the following damage claims recommended for approval and consider passage of resolutions authorizing the City Attorney to file friendly suits for the claims over $400.00:  Jimmie T. and Berthe S. Thompson; Charles E. and Matsuko Martin; John and Saundra Powell; A.B. and Helena White; and Kenneth and Renee Bryan. Exhibits: Legal Opinions/Recommendations. (Resolution Nos. 98-68 and 98-69 on file in City Clerk’s Office) Action: Approve claims as follows: Thompson $242.50; Martin $1,052.66; Powell $212.50; White $280.00; Bryan $1,759.92.

(Title only)    RESOLUTION NO. 98-68
A Resolution authorizing and directing the City Attorney to assist Charles E. Martin and Matsuko Martin 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 Fifty-Two and 66/100 Dollars ($1,052.66).

(Title only)    RESOLUTION NO. 98-69
A Resolution authorizing and directing the City Attorney to assist Kenneth and Renee Bryan 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, Seven Hundred Fifty-Nine Dollars and 92/100s ($1,759.92).

12.    Consider approving a letter to the Commanding General, Fort Sill, formalizing a request for annexation of a portion of Fort Sill by written consent, and authorize the Mayor to sign and forward the letter. Exhibits: Proposed Letter. Action: Approval of letter.

13.    Consider a resolution authorizing the installation of traffic control devices at specified locations. Exhibits: Res. No. 98-70; Excerpt, draft Traffic Commission minutes, 4/16/98.

(Title only)    RESOLUTION NO. 98-70
A Resolution authorizing the installation and/or removal of traffic control devices at certain designated locations within the City of Lawton, Oklahoma. Locations: Stop signs stopping E/W traffic at SW 13th and I Ave.; Yield signs yielding SB traffic at Tee intersection of 4th and Mission Blvd.; Stop signs stopping E/W traffic at Ard St. and Neal Blvd.; Lane use control signs and pavement marking allowing dual left turns for SB 67th Street at intersection of 67th St. and Lee Blvd.

14.    Consider denying a request for the installation of traffic control devices at the specified location. Exhibits: Excerpt from draft Traffic Commission minutes of 4/16/98. Action: Deny requests.

ITEMS 15 AND 16 WERE CONSIDERED SEPARATELY AS SHOWN BELOW.

17.    Consider approving the Memorandum of Understanding (MOU) between the City of Lawton and the Lawton Metropolitan Area Planning Commission (LMAPC) for metropolitan transportation planning in Fiscal Year 1998-1999. Exhibits: Memorandum of Understanding. Action: Approval of item.

18.    Consider ratifying the actions of the Lawton Water Authority approving assignment of the interest of Bobbie Colon in the Fisherman’s Cove Lease and Concession Operation Agreement to Dean W. Robbins. Exhibits: None. Action: Ratify LWA’s approval of item

19.    Consider ratifying the action of the Lawton Water Authority reference any/or all guidance provided for the City Manager concerning the Schoolhouse Slough Concession Lease. Exhibits: None. Action: Ratify LWA’s action to hold special meeting.

20.    Consider approving Plans and Specifications for the NW Cache Road Waterline Replacement Project 97-8 and authorizing staff to advertise for bids. Exhibits: Location Map. Action: Approval of item.

ITEM 21 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.
22.    Consider adopting a resolution authorizing the temporary closing of NE Bell Avenue from Larrance Street to Nebraska Street during the period from noon to 10 p.m. on Saturday, June 13, 1998. Exhibits: Resolution No. 98-71.

(Title only)    RESOLUTION NO. 98-71
A Resolution authorizing the temporary closing of a portion of NE Bell Avenue from Larrance to Nebraska Streets during the period noon to 10 p.m. on June 13, 1998.

ITEM 23 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

24.    Consider approving changes to the by-laws and the third amendment to the trust indenture of the Lawton Arts & Humanities Council. Exhibits: None. Action: Approval of item. (Changes clarify the requirement for a quorum, what constitutes a majority vote, trustee residency requirement, the number of absences a trustee can incur before the position is considered vacant, and to provide more consistent language throughout the documents.)

25.    Consider adopting a resolution waiving the $15.00 adoption fee for dogs and cats in conjunction with "Pet Day" sponsored by the Animal Welfare Division on May 9, 1998. Exhibits: Resolution No. 98-72.

(Title only)    RESOLUTION NO. 98-72
A Resolution declaring May 9, 1998, as Pet Day in the City of Lawton and waiving the adoption fees for dogs and cats.

26.    Consider authorizing the City Manager to notify the MEGA Life and Health Insurance Company that existing agreements for health/dental claims administration and workers compensation claims administration will not be extended beyond June 30, 1998. Exhibits: None. Action: Approval of item.

ITEMS 27 AND 28 WERE CONSIDERED SEPARATELY AS SHOWN BELOW.

29.    Consider awarding contract for Fire Department Badges and Collar Brass. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Award to Law Enforcement Equipment Company.

ITEMS 30 THROUGH 33 WERE CONSIDERED SEPARATELY AS SHOWN BELOW.

34.    Consider extending contract for temporary workers. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Extend contract with Direct Staffing Solutions, Inc. to 5/31/99 at same terms.

35.    Consider extending contract for traffic signal parts and equipment. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Extend contract with Pelco Products to 6/30/99 at same terms.

36.    Consider extending contract for elevator maintenance. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Extend contract with Dover Elevator Company to 7/31/99 at same terms.

37.    Consider extending contract for library books, periodicals and services. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Extend contracts to 4/30/99 at same terms with Byron Sistler & Associates; Children’s Press; Educational Records Center; Franklin Watts; Grolier Educational; The H W Wilson Co.; Mitchell Repair; Regent Book Co.; Southwest Micropublishing; University Book Service; World Book Educational Products; Gale Research; Encyclopedia Britannica; Recorded Books, Inc.

38.    Consider rejecting bids for cold drink vending services. Exhibits: Vendor’s mailing list; tabulation; City Attorney’s Recommendation. Action: Reject bids.

39.    Consider entering into a letter of engagement with the accounting firm of Stanfield and O’Dell, PC, CPA, to perform the City of Lawton’s annual audit for Fiscal Year 1997-98. Exhibits: Summary of Proposals. Action: Approval of item.

40.    Acknowledge receipt of Governor Frank Keating’s approval dated April 7, 1998, regarding the amendment to the City Charter. Exhibits: Approval by Governor. Action: Approval of item.
 
41.    Mayor’s Appointments. Exhibits: None.

CITIZENS’ ADVISORY COMMITTEE (CIP): Rev. Charles Whitlow, Ward 7, term to 4/28/2001
PERSONNEL BOARD: Ray Polk, term to 6/30/2000
POST OFFICE-CITY HALL AUTHORITY: Mike Brown, Jeffrey Sadler, Ray Polk

42.    Consider approval of payroll for the period of April 20 through May 3, 1998.

Various members asked for certain items to be considered separately.

MOVED by Shanklin, SECOND by Williams, to approve Consent Agenda items as recommended with the exception of Items 10, 15, 16, 21, 23, 28, 30, 31, 32 and 33. AYE: Maples, Williams, Sadler, Purcell, Shanklin, Beller, Green, Warren. NAY: None. MOTION CARRIED.

10.    Consider the following damage claims recommended for denial: Linda S. and Larry R. Doll; Stanley L. and Cherie Stephens; Cathy and Randy Gray; Bobby J. and Patricia Wablingon; and Jason D. Doll.  Exhibits: Legal Opinions/Recommendations.

MOVED by Williams, SECOND by Warren, to deny the claim of Linda and Larry Doll. AYE: Williams, Sadler, Purcell, Shanklin, Beller, Green, Warren, Maples. NAY: None. MOTION CARRIED.

Stanley Stephens was recognized to speak regarding his claim. Cruz pointed out a memorandum was provided in response to Mr. Stephens’ comments at the last meeting, and that Stephens had also been provided a copy of that memorandum.

Stanley Stephens said the manhole is under the fence and it can be accessed only by removing the fence from the hinges, although the memorandum stated there was easy access. He said the sheet left on his door from the first visit by the crew stated they did not find any obstruction; when they investigated, they said they did find an obstruction, so there are conflicting stories. He said his plumber is present tonight, and the plumber was also present the second time the City crews came out.

Larry Johnson, Assistant City Attorney, said he personally looked at the site, along with Cindy Herriage and Mike Spencer, who is in charge of that division. He said the manhole is under a gate and it can be accessed simply by lifting the latch and opening the gate. Johnson said Spencer had serviced the manhole before by opening the gate, that it is not hard and that apparently the person who put the fence in anticipated that access would be needed and installed the gate, so there was no need to remove or take up any fence to fix that problem because the manhole is easily accessible.

Johnson said Spencer said he was present the second time the line was rodded and there was no obstruction found; the first time there was a partial, minor obstruction, which was cleared by rodding. The line was not completely obstructed; there was a small amount of debris caught in the line and it was cleared when crews rodded the line. All repairs made were to the service line, on the other side of the riser; repairs included installation of a new riser. If there was an obstruction of the main, they would not need a new service riser or line; if the riser and service line required repair, that is an expense of the homeowner.

James Towers, Towers Plumbing, said he had been in business for 12 years and has four employees, and many of the statements made have been incorrect. He said he was on the job himself when this happened; he said his plumber went out after the City crews said it was in the service line. Towers said his employee ran the cable through the line, but the line would not unstop because he was out of the service line into the City main and had hit a blockage in the City main, and the length of the cable used will tell you where you are. He said they received an emergency locate and had to take the fence down to access the main. Towers said he felt his integrity was at stake, and if you are uncovering a line to find a problem, you do not start at the back, you start at the front and follow the line, otherwise there will not be a place to put the dirt. He said they started above the City main with the backhoe and came back; it was a cast iron line and when he was close to the City main, he tapped the line and it still was holding water, so he went further to the quarter bend and tapped it again and it still was holding water, so he dug all the way to the main riser and the main was standing full of water. Towers said he called the City and asked them to come and unstop the line. He said the supervisor came out, and while they were waiting for the crew, Towers and two of his employees went to the north to the location mentioned with the gate; the gate was locked so they took the gate off the hinges and looked in the manhole, which was standing full of water. The lamphole to the south had brush around it and no evidence that cables had been used.

Towers said the supervisor told him the crew did not rod the line and he agreed. He said he and Spencer stood over the hole while the City crew rodded the line and it was full of water, then dropped while they were watching, so he did not know how the supervisor could say there was not an obstruction. Towers said the letter appeared to reflect that he did work to create work to be done, and that was not the case and that he did work voluntarily to help people who could not pay.

Towers reviewed notes stating on the 13th after repairs were made on the claimant’s service line, the plumber was present; he said that was on the 12th when they did the work when the supervisor was there with him and they watched the City crew rod the main and watched the water drop in the main.

Beller asked what Towers replaced that belonged to the homeowner if the problem was with the City main. Towers said the part that he broke to find out where the problem was. Beller asked Towers if he broke the line to see if it was stopped up, and he wanted the City to replace what he broke to see if it was stopped up. Towers said when a line is full of water and you are following it out to see if you can find a bad spot in the homeowners’ line, and you are almost to the location of the City main, and you find no problems and when you get within about two foot, you tap it with a hammer and the water leaks out so the stoppage is there and you go to the quarter bend. Beller asked if they would not rod that and could they not tell when they hit an obstruction with the rod.

Beller said his point was if the owner’s line runs from his house to the City main, and the stoppage is at the City main, and the plumber rods the owner’s line, it would stop at the obstruction. He said he could not understand why you would knock holes in the man’s line to determine where the stoppage is if you were rodding it. Towers said he was not rodding it at that time. Beller asked if the rods were not used to determine where the blockage was. Towers said it was rodded the day before. Beller asked if the stoppage was in the City’s line, why would we damage the line from the house to the main, and that Towers had admitted that he knocked holes in the line. Shanklin said he knocked holes in the riser but uncovered the line because it could have been deteriorated and he could have found the problem but he did not know it was all the way to the main and had to uncover it. Beller said he did not see where the City was responsible for that. Shanklin said he felt bad about it is Spencer was not telling the story and that in the past he had gone door to door and residents say sewage is out there every other month and there was a problem that we knew about.

Beller asked if the problem was in the City main, would it not have affected other homeowners. Shanklin said it should have, and asked if they were contacted. Towers said he asked others who had also had problems with their lines and that he was the one who called. Towers said there are two spots on the paper about obstructions in the City’s main, one of which states there was an obstruction found and that it was cleared, and the crew marked the spot that said they rodded the line and that no obstruction was found. He was when they came back to do the investigation, they said they did find an obstruction, and he wanted to know the truth. Beller said it was tabled two weeks ago and that he could not see the City’s liability.

Maples said the owner had the plumber come out because the paper he received showed the City’s crew rodded the line and found no obstruction. Towers stated the sheet showed City crews rodded the line, no obstruction was found, and that it directs the owner to contact a licensed plumber. Purcell asked the date on that notice and Towers said 1/10/98, although it shows 97 but it was 98. Purcell asked if that was the first or second time they came out and Towers said the first time.

Shanklin said he had a problem if the supervisor and plumber both watched the water level drop when City crews rodded the main. Shanklin said he would offer a motion to table to have Spencer come and explain this to the Council. There was no second and Shanklin withdrew it.

MOVED by Williams, SECOND by Maples, to approve the Stephens claim in the amount of $900 and adopt the Resolution. AYE: Shanklin, Maples, Williams. NAY: Sadler, Purcell, Beller, Green, Warren. MOTION FAILED.

MOVED by Purcell, SECOND by Beller, to deny the Stephens’ claim. AYE: Purcell, Beller, Green, Warren, Sadler. NAY: Shanklin, Maples, Williams. MOTION CARRIED.
Shanklin said Stephens has recourse in District Court.

Mayor Marley asked for consideration of the claim by Kathy and Randy Gray.

MOVED by Williams, SECOND by Green, to deny the Gray’s claim. AYE: Shanklin, Beller, Green, Warren, Maples, Williams, Sadler, Purcell. NAY: None. MOTION CARRIED.

Mayor Marley asked for consideration of the claim of Bobby J. and Patricia Wablington.

Cruz said the claim arises from alleged damage to the gas service line by City employees based on a City vehicle being there on the 12th of January; based on information received from ARKLA was due to the amount of gas lost and claimed, the damage to the lines would not have happened earlier based on the amount of gas that was lost. Cruz presented an aerial photo showing locations of all the vehicles, location of the gas lines, and he recommended denial.

In reference to the aerial photo, Cruz stated "one" referenced the area where Unit 440 was stuck; to the right, there is a "three" and that was where Unit 429 was parked. Williams asked what type of vehicles and Cruz said pick up trucks assigned to the meter readers. Ms. Wablington asked the name of the person in Unit 429 and Cruz said he did not have the names in front of him. Cruz said all the vehicles were being driven by City employees. Cruz said a circular drive is shown in the middle of the picture, and that was where Units 422 and 431 were parked. Employees in these three vehicles got out and went to the location of Unit 441 was to push him out; once the vehicle at location "one" was lifted manually and pushed out, the driver of Unit 421 left by going west in the alley; there is a "two" on the map indicating the location of the meter, and in that general location is the gas line which is servicing the trailer home. The allegation was the meter was broken by the City vehicle, and as a result, damaged the service line. The allegation was that the damage to the gas line took place on January 12; the leak on the gas line was not detected until around January 15 and based on information from ARKLA on the amount of gas that had escaped from the line, that could have only happened on January 15 and had it happened on January 12, there would have been no gas that escaped. Cruz said between the circular drive to the meter, that is a heavily traveled area, as can be seen by the tire marks.

Patricia Wablington said she would like to correct some of Cruz’s statements. She said the location shown on the photo of where the vehicle was stuck is wrong; it was in the house next to theirs; it was not in the alley or easement, but in the neighbor’s back yard next to the alley. She said the circle drive is their house, and the one next to it is where the truck was actually stuck, it was in the back next to the alley but not in it. Wablington said the truck was behind the third house on the block, not the fourth. She said their gas meter is to the right; three is not where the truck that came in to help him was located; he was pulled behind the vehicle that was stuck. The two other vehicles that came to help did not park in their circular drive, but in the neighbor’s driveway. Wablington’s house is on the right hand side of the circular drive toward Lee Boulevard; the property is 300 feet long. A mobile home is on the back of the property, shown as a dark area on the photo.

Wablington said they had been told that the picture was taken in the fall of 1995; they bought the property the end of July 1997; what is missing in the photo is at the far side of the circle between the circle and the gas meter where he is saying the tire tracks are, they were no longer there because there was a huge pile of cuttings and clippings that they had done from bushes and trees they had trimmed, which is probably why the meter reader decided to start traveling down the alley because he could not drive across their yard any more, which is what he did. Wablington said the alley has a phone box in the middle of it and their gas box, so a compact vehicle could probably maneuver, but it is not advisable for other vehicles to travel there, although it is an easement for utilities and vehicles, but the only reason they are using it is because they are too lazy to get out of the truck and walk from the driveway to the meter.

Maples asked if this is a 1995 photo and Cruz said yes. Cruz said there are recent signs of tire marks also. Ms. Wablington said the only tire marks in the yard are because he came in under the guideline, got to the gas meter and phone box so he went around the gas meter into her yard, around the goal post setting beyond the circle, and then into the neighbor’s yard. Williams asked if he did that to read the water meter. Mr. Wablington said he reads the whole alley that way and referred to the picture showing the telephone poles running down the right of way and the tire tracks on their property; he said City crews put the ruts there, he did not. Ms. Wablington said it had rained a long time by January 12, and the tire tracks went from the alley to the gas meter, around the goal post, to the location where the truck was stuck, and that she had sent photos and presented them to Council.

Ms. Wablington said she had talked to Tom Martin at ARKLA since day one, and he told them that he did not know who he talked to to find out that it was leaking at 60 cubic feet per hour, but there is no way you can tell even from that reading if it was doing that the entire time because the ground shifts and there are various problems that can cause it to open and close so he said there was no way of knowing exactly when it was opened. Mr. Wablington said it is not an improved alley way and it contains guide wires and when you get to their property line, there is a phone box in the middle of the alley, as can be seen in one of the pictures and you have to go between the gas meter and the fence, then they are on his property, and the ruts are still in his yard.

Williams asked if the City vehicle was the only vehicle that would have done that. Ms. Wablington said the water company is the only one that has ever used the area, everyone else parks in the driveway and walks to the meters, and she had seen the four City trucks there while looking out her window. Beller asked Ms. Wablington if she smelled gas then. Ms. Wablington said it is quite a distance from where she was; Mr. Wablington said the property is 300 or 400 feet deep and they do not go out there every day. Ms. Wablington said it was in January and it was very cold so she did not go out there.

John Vincent, Senior Assistant City Attorney, said the first City truck out there that got stuck was the man who was reading meters and it is an unimproved alley. Shanklin asked if the water meters are in the easement in the back and Vincent said yes. Shanklin asked if the gas line was deteriorated to begin with. Mr. Wablington disagreed, and said ARKLA was there in November because he had the gas line hooked up to the trailer, and the trailer was not connected to gas when they bought the property; he had it hooked up by a plumber who ran a test and it did not leak, and the City inspected it.

Shanklin asked what had been replaced. Ms. Wablington said the ARKLA representative pointed out the tire track next to the riser with a skid mark and it had turned the meter around, and the ARKLA representative asked them to call the plumber. Shanklin asked how much line was replaced. Mr. Wablington said the plumber dug down to the riser where it turned to plastic and about six inches into the plastic, it was broken; he fixed that, hooked it up and tested it and it leaked again, so he dug more and found another break and said the only thing that could have caused it was the line being totally twisted around because the meter was turned totally around, and after that, the plumber replaced from the riser to the trailer. Shanklin asked how many feet and response was approximately 70 feet and the plumber felt that would be cheaper than going through two sections of the neighbor’s fence.

Williams asked if they took pictures of the water meter. Ms. Wablington said the water meter is right under the two gas meters, and the water company had been reading the meter for the trailer as their house and for their house as the trailer, so they were billed for two months with nothing running. Mr. Wablington said he could not see how the line could deteriorate that much from November to January.

Purcell said he planned to rely on the information provided by ARKLA and suggested something be provided in that regard. Vincent said he had a note reflecting that Tom Martin from ARKLA estimated the amount of gas lost for three days to be $163.04 based on use the prior month; this was no minor break in a gas line. Vincent said Cindy Herriage from their office talked to ARKLA on 2/20/98 and they estimated the loss based on the size of the break at 60 cubic feet per hour, and based on 300 cubic feet and excess usage that could only have happened within five hours prior to the discovery of the break. Vincent said he did not know who from ARKLA was talked to, and the note reflected the date of the 20th. Williams said the commentary shows the meter was not damaged other than a gasket, but the line was damaged and he could not tell how much of the line was damaged. Mr. Wablington said they could not remove the neighbor’s fence to go under there to dig up a gas line. Williams said if a fence is over a gas line, the fence may be on the easement in most cases.

MOVED by Purcell, SECOND by Sadler, to table this and get some more information from ARKLA. AYE: Beller, Green, Warren, Maples, Williams, Sadler, Purcell. NAY: Shanklin. MOTION CARRIED.

Ms. Wablington asked when this would be brought back and Cruz said he would let them know.

MOVED by Williams, SECOND by Purcell, to deny the claim of Jason Doll. AYE: Green, Warren, Maples, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

15.    Consider endorsing the Transportation Improvement Program (TIP) for Federal Fiscal Years (FFY) 1999-2001. Exhibits: TIP FFY 1999-2001. Action: Approval of item.

16.    Consider endorsing the Fiscal Year 1998-1999 Unified Planning Work Program for Metropolitan Transportation Planning. Exhibits: FY 1998-1999 UPWP. Action: Approval of item.

Shanklin asked if the City was being obligated for funds as a result of these items. Bob Bigham, City Planner, said there are no funding obligations in Item 15, although it shows matching state and federal funds for projects. Bigham said in Item 16, there is a funding obligation; under the Unified Planning Work Program there is a responsibility on the City to provide 20% of the local match for the PL fund and the Section 303 funds, and that is incorporated in the proposed budget. Shanklin asked if this was an obligation for $300,000 for mass transit and Bigham said no, this is not mass transit. Bigham said a summary was shown for the work program, the City match, and the Planning Commission match. Shanklin said it mentioned FTA and that would be the mass transit. Bigham said the UPWP is only for the planning effort and not for any projects; local match must be 20%. Bigham said the FTA is for transit planning and not the project itself.

MOVED by Shanklin, SECOND by Green, to approve Items 15 and 16. AYE: Warren, Maples, Williams, Sadler, Purcell, Shanklin, Beller, Green. NAY: None. MOTION CARRIED.

21.    Consider authorizing staff  to prepare an RFP and solicit for consulting engineering services for plans and specifications for the Eastside Park. Exhibits: Location Map.

Williams said Lawton has a large number of parks, although not many on the east side, but he did not think this should be done. Purcell said this was promised in the 1990 CIP and a deal was worked out to get the land. Purcell said since this time it has been learned that the ball fields at 17th and G may be lost, as well as those near the school, if a new school is built, so these fields will be needed if the City intends to stay in the ball field business. Beller said the jail may not be built at 17th and G and those fields may remain; the cost of $750,000 for this total project is large considering how strapped the City will be for money this year. Beller said a lot of work goes into requesting proposals with interested parties and if the City is not serious about funding it, there should not be any requests for proposals. Beller said if funding can be found after the other priority items are addressed, he would support it.

MOVED by Williams, SECOND by Beller, to table this until after the budget sessions and if we can identify funding to do it all, we would be supportive. AYE: Maples, Williams, Sadler, Beller, Green, Warren. NAY: Purcell, Shanklin. MOTION CARRIED.

23.    Consider adopting a resolution authorizing the temporary closing of 4th Street from the west exit of the Library parking lot to C Avenue and B Avenue from 4th Street to 5th Street during the International Festival, September 23 through 28, 1998. Exhibits: Resolution No. 98-73; Festival Layout.

Williams encouraged the Arts & Humanities Council to start thinking about having arts festivals, international festivals, and so forth, at the complex containing the Museum and Auditorium and Park because it has a lot of open space, parking and opportunity.

MOVED by Williams, SECOND by Warren, to approve Resolution No. 98-73. AYE: Williams, Sadler, Purcell, Shanklin, Beller, Green, Warren, Maples. NAY: None. MOTION CARRIED.

(Title only)    RESOLUTION NO. 98-73
A Resolution authorizing the temporary closing of a portion of 4th Street from the west exit of the Library parking lot to C Avenue and a portion of B Avenue from 4th Street to 5th Street during the period September 23 through September 28, 1998.

27.    Consider awarding a contract for track loader. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Award to C.L. Boyd Company, Inc. - $99,427.14.

Shanklin said funding source shows General Fund and asked if this is included in the budget, and why rolling stock was not the suggested funding source. Steve Livingston, Finance Director, said in developing the budget last year, approximately $1.2 million was identified for purchases from rolling stock, as well additional general fund money for purchase of equipment; this funding source is shown as general fund. Schumpert said part of the budget guidance last year was that we were not to decrease the amount being spent for capital outlay, even though there would be a rolling stock funding source.

Williams said the City is in great need of funds, and what seemed to be a good idea ten months ago may not appear so today, and the equipment would cost about $100,000. Shanklin suggested buying it from next fiscal year’s rolling stock funding. Purcell said delaying purchases of equipment caused problems before and would cause problems again if that is done, and there is not a difference between funding it from rolling stock or general fund in that it would still have to be funded. Williams said he did not have a problem about rolling stock or general fund, but there are several items to purchase equipment and the question was whether to buy it from this budget or wait until next year. Williams said his idea was to try to reduce the amount of shortfall in the budget for next year that the citizens would have to be asked to fund through the utility bill.

Schumpert said if the items are budgeted next year, the money is still being spent and it would be the same amount of money missing from the budget. Purcell said if it is not purchased this year, it may not be purchased next year either, and the City would be back in the same situation it was when equipment was breaking down frequently. Maples said rolling stock funding was to help departments get caught up above and beyond in replacing equipment, and the general fund was to fund normal items that were also needed.

Williams said he was assuming the City had identified $100,000 for this purchase, and if it is not made this year, he asked if the funding would carry into next year. Schumpert said yes. Williams asked if one of the reasons for the shortfall in the next budget is the lack of carryover available. Schumpert said if it is not funded this year, but is funded next year, there would be no difference in the net result. Williams said Council will begin to work on the budget in two weeks. Schumpert said the only way you can save the money is to not buy the equipment at all. Shanklin suggested it be bought from the rolling stock funds. Schumpert said the rolling stock funds are included in the budget, it is revenue to the City that is being expended. Shanklin said the general operating budget is one thing and the rolling stock funds are another; rolling stock is a surcharge the taxpayers are being saddled with and the equipment could be bought from that source in the next budget year.

MOVED by Beller, SECOND by Maples, to authorize the purchase of the track loader from the appropriate funding source.

SUBSTITUTE MOTION by Shanklin, SECOND by Williams, to delay this until next year’s budget and that we take it out of the rolling stock that will be collected in next year’s budget.

Shanklin said that means the $100,000 would stay in the carry over.

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

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

28.    Consider awarding a contract for tennis court resurfacing. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Award to Merritt Tennis and Track Systems.

Williams said his thought was whether this could be delayed but would reconsider based on the result of the previous item.

MOVED by Williams, SECOND by Purcell, to award the contract as recommended on the tennis court resurfacing. AYE: Shanklin, Beller, Green, Warren, Maples, Williams, Sadler, Purcell. NAY: None. MOTION CARRIED.

30.    Consider awarding contract for a backhoe. Exhibits: Vendor’s mailing list; tabulation; recommendation.

Shanklin said this is shown to be funded from general fund, which we should have been trying to save, and funding should have been from rolling stock.

Maples said the recommendation is to award to Construction Agriculture Supply, and asked why that was the recommendation when another vendor bid at a lower rate. Purcell said he did not meet the specifications, which are carefully developed by both staff and the Specifications Committee. He said if the specifications are not followed, the Specifications Committee should be abolished. Williams said the difference is between a 28 gallon fuel tank and a 30 gallon fuel tank, and for $4,000 you can get those extra two gallons. Williams suggested the specifications may have been too precise and did not leave enough flexibility; he said the two gallons did not appear to make the bid unresponsive in his opinion. Warren said other items were also mentioned. Schumpert said there were three items; gas tank, tires and lever control.

Charles Hanza, Lawton Tractor and Lift, said the three items are minimal in his opinion, and that it would be almost impossible to specify every manufacturer’s backhoe to meet your certain specs. He said $4,793 for two gallons of diesel, when the machine is supposed to run 12 hours on 28 gallons, is awful silly. Hanza said his tire size was narrower, but it was also four inches taller, which is more circumference tire on the ground. He said on the hydraulic boom lock, the specifications call for a manual lock, but the lock on the New Holland backhoe which he bid, it is hydraulic and it is not a big deal.

MOVED by Maples, SECOND by Williams, to award the contract for a backhoe to Lawton Tractor and Lift and authorize the Mayor and Clerk to execute the contract, from appropriate funds.

Hanza said the City did buy a New Holland backhoe in October with more or less the same specifications.

Purcell said there is no reason to develop specs if Council only wants to take the lower bid, and we might as well forget about the Specs Committee and let Council decide, looking at the specs and the cost, what is desired. He said in this case, the vendor did not meet three of the specs, but the motion is to award to him; where do we cut that off. Maples said the task force previously suggested staff look at things that are minor and let them proceed if it does the job, and specs does a great job, but it should consider this also. Warren said he remembered this item from the Specifications Committee and the department heads present their needs and questions are asked as to the actual need. Maples said the specifications appear to allow only one vendor to bid. Purcell said other vendors can provide 30 gallon gas tanks, and there is no reason to go through the trouble if Council wants to save money by not going by the specs, but you may get equipment you do not want. Hanza said the specifications are written for a CASE backhoe.

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

31.    Consider awarding contract for riding mower. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Award to Standridge of Duncan.

Williams said the City is advertising for bids for contracting out the mowing.

MOVED by Williams, SECOND by Warren, to deny purchase of the riding mower. AYE: Warren, Maples, Williams, Sadler, Purcell, Shanklin. NAY: Green, Beller. MOTION CARRIED.

32.    Consider awarding contract and entering into a lease/purchase agreement for the purchase of a wheeled tractor scraper. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Enter into a lease purchase agreement with Darr Equipment.

Shanklin said this is the same question on the rolling stock; all the rolling stock was used for pickups that may or may not have been needed, and a lot of equipment is shown in the general operating budget. He asked how many hundreds of thousands of dollars’ worth of equipment is being bought for the landfill. Williams said he was sure it was needed, but he thought the money could be carried until next year, which was apparently not the case.

MOVED by Williams, SECOND by Shanklin, to deny buying the equipment.

SUBSTITUTE MOTION by Purcell, SECOND by Beller, to purchase the equipment as recommended. AYE: Warren, Sadler, Purcell, Beller, Green. NAY: Williams, Shanklin. OUT: Maples. SUBSTITUTE MOTION CARRIED.

33.    Consider awarding contract and entering into a lease/purchase agreement for the purchase of a landfill compactor. Exhibits: Vendor’s mailing list; tabulation; recommendation. Action: Enter into a lease purchase agreement with Darr Equipment.

MOVED by Williams, SECOND by Beller, to approve the recommendation.

Shanklin asked the amount spent this year and last year on equipment for the landfill. Shanklin said this year it is $410,000 in capital outlay for the landfill; last year it was $385,000.

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

BUSINESS ITEMS:

43.    Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the negotiations for an Employment Agreement for FY 1998-99 between the Fire Union, IAFF, Local 1882, and the City of Lawton, and, if appropriate, take action in open session. Exhibits: None.

44.    Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the negotiations for a Collective Bargaining Agreement for FY 1998-99 between the Police Union, IUPA, Local 24, and the City of Lawton, and if appropriate, take action in open session. Exhibits: None.

45.    Pursuant to Section 307B.1, Title 25, Oklahoma Statutes, consider convening in executive session to consider the appointment of Mr. Felix Cruz as City Attorney, 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 Attorney. Exhibits: None.

Addendum Item 1: Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss a proposed settlement in the 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, if necessary, take appropriate action in open session. Exhibits: None.

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

The Mayor and Council convened in executive session at approximately 10:15 p.m. and reconvened in regular, open session at 10:40 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. He said the first item relates to negotiation between the City and the firefighters’ union, and Council should consider an action on this matter. Cruz said the union has requested the contract be rolled over to next year, and if Council fails to do so, they have asked for interest arbitration. Cruz said at this point the Council should consider whether to roll the contract over or not.

MOVED by Shanklin, SECOND by Beller, to roll the contract over.

SUBSTITUTE MOTION by Purcell, SECOND by Warren, to deny the roll over. AYE: Purcell, Green, Warren, Sadler. NAY: Shanklin, Beller, Maples, Williams. TIE VOTE; MAYOR MARLEY VOTED YES AND THE SUBSTITUTE MOTION CARRIED.

Cruz said the contract would not be rolled over for next year. Shanklin said the new Mayor and Council could bring the item back. Cruz suggested Council designate an interest arbitrator for the City.

MOVED by Purcell, SECOND by Green, to designate Felix Cruz as the interest arbitrator for the City. AYE: Shanklin, Beller, Green, Warren, Maples, Williams, Sadler, Purcell. NAY: None. MOTION CARRIED.

Cruz said no action is needed on the Addendum item involving the Chris Alford case. He said no action is needed on the item involving police negotiation at this time.

Cruz said Item 45 deals with the appointment of Felix Cruz as City Attorney.

MOVED by Purcell, SECOND by Maples, to appoint Felix Cruz as City Attorney and approve the contract. AYE: Beller, Green, Warren, Maples, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

MOVED by Purcell, SECOND by Maples, to direct the City Manager to advertise for a City Attorney with a closing date of 15 June. AYE: Green, Warren, Maples, Williams, Sadler, Purcell. NAY: Shanklin, Beller. MOTION CARRIED.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER

Shanklin asked that traffic controls be examined where cars must stop on Rogers Lane at the far west end of the paving where there is little or no traffic. He read the staff’s reply not concurring and sending it to ODOT. Beller said he saw no reason for traffic turning east or continuing west to stop at that area.

Williams said the group studying the sign ordinance was continuing to meet and hoped to hold a workshop for interested parties; the item will then go to LMAPC and finally to Council. He said the biggest matter is identifying signs and having good enforcement. Beller cautioned against red tape.

Beller asked the status of the boathouse inspections at Schoolhouse Slough. Schumpert said a meeting was held and it turned toward discussion of fees and activities at Schoolhouse Slough. Schumpert said Tucker assured them they would not have to re-wire their property, although there were some basic requirements that would have to be met, and they appeared to be satisfied in that regard. Green asked Schumpert if he would set up the tour and public hearing regarding Schoolhouse Slough and he said yes.

Purcell asked the status of Flowermound Road with the county and ODOT and if Lawton was moving on with the one mile portion. Schumpert said the City has $115,000 and will do what is necessary at the appropriate time; Harold Tomlinson is drawing up the plans and specifications. Schumpert said he was not comfortable indicating the county had a resolution to their portion of the road; staff recommendation for Lawton’s part is funding from 1995 CIP.

Green said it had been great working with Mayor Marley.

Shanklin said he brought pictures of houses that he could not get inspected, and another that had been inspected and approved.

There was no further business to consider and the meeting adjourned at 10:50 p.m.