MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

JUNE 23, 1998 - 6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Cecil E. Powell, Mayor,    Also Present:

Presiding    Gil Schumpert, City Manager

        Felix Cruz, City Attorney

        Brenda Smith, City Clerk

The meeting was called to order at 6:25 p.m. Notice of meeting and agenda were posted on the City Hall notice board as required by State law.

ROLL CALL

PRESENT:    G. Wayne Smith, Ward One

        Richard Williams, Ward Two

        Jeff Sadler, Ward Three

        John Purcell, Ward Four

        Robert Shanklin, Ward Five

        Charles Beller, Ward Six

        Randy Warren, Ward Eight

ABSENT:    Carol Green, Ward Seven (attending church function)

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL MEETINGS OF JUNE 2, JUNE 4, JUNE 9 AND JUNE 10, 1998.

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

AUDIENCE PARTICIPATION:

Jack Haynes, 3319 Baltimore, suggested action be taken to improve the safety at Lake Lawtonka by making boat operators aware of the rules. He said personal watercraft travel in the creek behind Robinson’s Landing at 60-70 mph and the creek is littered with stumps and rocks; at the entrance to the creek, there is a sign floating in the water that is a white placard with no lettering, but the sign is supposed to say it is a no wake area.  Boats come within 25 feet of the swimming area and personal watercraft come onto the beach area while people are swimming, and buoys should block the area for safety.

Haynes recommended the existing signs be properly painted; that signs be put up at boat ramps outlining rules for watercraft; that persons receive and be required to read boating regulations prior to buying boating permits; and that a buoy line be established for the swimming area. He said it is a matter of time before an accident occurs if the safety hazards are not addressed.

Powell said a schematic of the shoreline of Lake Lawtonka had been given to each member tonight and that he would announce a committee to discuss the lakes and provide recommendations to the Council. He said Shanklin would chair that group and they could take these items into consideration. Purcell asked if the swimming area was the day use area and Haynes said yes. Haynes provided his telephone number to Shanklin.

BUSINESS ITEMS:

1.    Consider adopting an ordinance annexing, by consent, a portion of Fort Sill, Oklahoma, into the corporate limits of the City of Lawton. Exhibits: Ordinance No. 98-26; Letter of Consent.

Cruz said the Secretary of the Army has agreed to the annexation of the portion of Fort Sill which runs generally from 52nd Street east on Rogers Lane to Flower Mound Road, which is about six miles, then north approximately four miles, then west for six miles, and down to 52nd Street. This is an annexation by consent of the majority of the owners of the tract of land being annexed, therefore, there is no requirement for a public hearing. The annexation will conform with the recently adopted State Statute which states that the revenue and taxation ordinances of the City will not extend to the property being annexed, and the regulatory powers of the City will not extend to Fort Sill. Annexation will be mostly for population count. Maintenance of roadways will remain the responsibility of Fort Sill.

MOVED by Shanklin, SECOND by Smith, to adopt Ordinance No. 98-26, waive reading of the ordinance, read the title only.

Beller asked if the residents being annexed would have the same voting privileges as the citizens of Lawton. Cruz said Fort Sill residents would be entitled to vote in City elections, and the ward designation would be determined by the Redistricting Commission. There have been approximately 400 registered voters residing at Fort Sill, and approximately 100 of them have voted in the elections. Beller asked how they voted in a City election if they did not live within the City limits. Cruz said he was referring to national offices.

Beller asked if the registered voters residing at Fort Sill could vote on the sales tax, if such an election is called. Cruz said yes. Beller said those persons would not have to pay the sales tax, unless they decided to come into the city to buy something, but would be able to vote on whether or not the rest of the citizens would have to pay it, and that appeared to be an inequity.

Purcell said active duty personnel have the ability to vote in a city election, assuming the installation is in the city limits, but the majority do not do so because they are registered to vote in their home state. If they are registered to vote in their home state, they cannot register to vote at the residence within the installation without giving up the registration in their home state. He said most would prefer to vote for their home state congress and senate members and would likely not transfer the voter registration. Cruz said voter registration transfer also affects the person’s rights to have a car tag from their home state, and other privileges that go with that registration.

Purcell suggested this be unofficially known as the “Ted Marley” ordinance due to his work in this regard and helping to bring it about.

Shanklin asked if the method had been published as to how Lawton would count Fort Sill, and mentioned an article about a .7% sampling. Cruz said the census would establish a method but the article was an opinion by an editor on the east coast. Shanklin said one lady had resigned from the census program due to this conflict. Cruz said he had not received word as to how the census would be conducted.

Sadler said there are two miles each of Wards 1, 2 and 4, that bound this area, and each ward may be extended north until a more detailed redistricting can be done. He said there would not be a ninth ward added and the Charter requirement of eight wards would remain.

Purcell said in regard to Shanklin’s comment, the discussion involved the entire United States census and if that goes into effect, it would involve Lawton, as well as Fort Sill. He said many people are against the idea and it likely would not be implemented.

(Title read by Clerk)    Ordinance No. 98-26

An ordinance providing for the annexation of the tracts of land in Fort Sill, Oklahoma, as legally described in Section One of this ordinance into the corporate limits of the City of Lawton, Oklahoma, for all purposes save and except as specified in Section Four of this ordinance; providing for noncodification and providing for severability.

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

Mayor Powell expressed appreciation to all those who had worked so hard to bring about this initiative to create Lawton-Fort Sill.

2.    Consider adopting an ordinance amending Section 10-406, Chapter 10, Lawton City Code, 1995, providing for disposal of nonessential city stock or property by sealed bid, and property received through federal programs for another entity. Exhibits: Ordinance No. 98-27.

Cruz said currently City property can be disposed of only by auction, and discussion was recently held about selling items such as tractors by sealed bids to receive more money for the equipment. He said another advantage would involve instances where non-profit entities have been offered, as an example, buildings from Fort Sill but they cannot accept it directly without going through another political subdivision. Cruz said the ordinance contains a provision that if any entity is to receive property from Fort Sill, as an example, that the City can receive that property and transfer title to the entity but the City is not to get involved in any costs or expenses related to the transaction.

MOVED by Purcell, SECOND by Warren, to approve Ordinance No. 98-27, waive reading of the ordinance, read the title only.

(Title read by Clerk)    Ordinance No. 98-27

An ordinance relating to property, amending Section 10-406, Lawton City Code, 1995, providing for disposition of property acquired through federal program, disposition of nonessential city property by sealed bids, and providing for severability.

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

3.    Consider approving an agreement for services between the City and the Museum of the Great Plains Authority, and authorize the Mayor and City Clerk to execute the agreement. Exhibits: Agreement; Summary of Agreement.

Cruz said the Authority will operate the Museum beginning July 1, and for the Authority to receive funds from the City, a contract must be in place to provide a mechanism for payment of funds. Schumpert said the correct amount is $488,887, and there is an error in the document in the folder. Purcell asked if the $488,887 includes the $71,000, which the City would pay and Schumpert said no.

Williams said the original request was $511,905 from the Museum. He encouraged Council to be responsive if the need arises during the first year for funding considerations if they come up. Beller said the Council should support the Museum and the staff; volunteers and employees have done an outstanding job, and if the funding is available, it should be considered.

Shanklin said he wanted to discuss some of the items at the budget meeting recently but was not given the opportunity. He said he felt the $511,905 should be funded and would offer that as a motion. Shanklin said the 4.5% was just a consensus previously and that he never got to vote on it.

MOVED by Shanklin, SECOND by Smith, to reinstate the full amount that was originally budgeted for the Museum.

Purcell asked if the budget had been signed and sent forward and Schumpert said no. Purcell asked if the motion would change the budget that was adopted. Cruz said the budget has been approved by the Council and has not gone to the excise board or auditor’s office, but whatever the budget was that was approved, that is what must go forward.

Shanklin said he wanted to see a copy of the budget and see where funds were cut because it was a mad scramble and he mentioned the boat discussion. He said the Finance Director and City Clerk were not certain about Council’s actions with regard to the 4.5% cuts and the Clerk agreed. Shanklin withdrew the motion.

Williams said he serves as the Museum Authority Chairman, and if Council will be supportive, should the need arise, that is good enough and the members would all act as honorable individuals. Shanklin said he was anxious to see the budget to see if everyone agrees.

MOVED by Williams, SECOND by Warren, to approve the agreement and authorize the Mayor and City Clerk to execute the agreement, with the correction in the amount of $488,887. AYE: Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

4.    Consider adopting a resolution rescinding Resolution 98-62 condemning the structure at 1506 SW 4th Street. Exhibits: Resolution 98-     .

Shanklin said this is in Ms. Green’s ward and that he and Green had both looked at the structure. He said an individual had contracted to purchase the property and did not know that it had been condemned. Shanklin said he knows the person and that he can get the job done and asked for approval of the resolution.

MOVED by Shanklin, SECOND by Beller, to adopt Resolution No. 98-111. AYE: Smith, Sadler, Shanklin, Beller. NAY: Williams, Purcell, Warren. MOTION FAILED FOR LACK OF FIVE AFFIRMATIVE VOTES.

Cruz explained five affirmative votes are needed to pass a resolution.  Shanklin asked the reason for the negative votes. Purcell said Council spends a lot of time on dilapidated houses and many are returned requesting that the decision be reversed and the process starts over again. Shanklin said Chapter 6 was not passed by Council to tear down people’s property, but it was an attempt to get properties that were blighted brought back into good condition and not devalue surrounding property; this property can be salvaged and a person wants to do so but Council is not granting that opportunity. Sadler asked if Green could ask that the item be returned and Shanklin said yes, if her vote would have made a difference. Shanklin pointed out the staff recommendation was to approve the item.

5.    Consider suspending Rule 5E of the Council's Rules of Procedures, and, if suspended, consider rescinding Resolution 98-83 condemning the structure at 1606 SW D Avenue.  Exhibits: Res. 98-111.

Cruz said the resolution from the previous item took place before May 4, 1998, when the new Council was seated, and could therefore be acted on by the Council as was done tonight. He said Resolution 98-83 in Item 5 was adopted by the present Council and reconsideration requires suspending the rules. Cruz urged Council to suspend the rules and reconsider due to defective notice of the previous hearing.

MOVED by Beller, SECOND by Warren, to suspend the Council Rules of Procedure. AYE: Williams, Sadler, Purcell, Shanklin, Beller, Warren, Smith. NAY: None. MOTION CARRIED.

MOVED by Beller, SECOND by Sadler, to adopt Resolution No. 98-111 rescinding Resolution No. 98-83. AYE: Sadler, Purcell, Shanklin, Beller, Smith, Williams. NAY: Warren. MOTION CARRIED.

(Title only)    Resolution No. 98-111

A resolution rescinding Resolution 98-83 condemning the structure at 1606 SW D Avenue, Lawton, Oklahoma.

6.    Discuss the City’s policy on use of water by someone other than the utility account holder. Exhibits: City Code Sections.

Powell said he requested the item. Beller said he shared Powell’s concerns regarding some of the things that supposedly happened on an incident, and suggested an ordinance amendment may be needed.

Powell said a person came to his office and admitted to having performed an illegal act. He said the person was pouring a large concrete slab, he called his neighbor across the street and asked if he could borrow some water and run a hose across the street in very hot weather and use the water to let the slab cure out properly. Powell said the neighbor agreed. He said he understood persons from the City came back the second time and removed and took his hose.

Powell said he understood the reason for the code, and if a person’s water is cut off, then they cannot cross the property line with a hose. He said if a person hooks a hose to your house without permission it would be thievery and there are laws that prohibit that. Powell said the code now prohibits a person from granting permission to a neighbor to use some of their water. He asked the City Manager if that was correct.

Schumpert said the code provides that a person cannot connect to a fire hydrant, and reasons for that are that people are to pay for water and they should not hook a device to a hydrant that could damage it which could relate to public safety. He said if the City shuts the water off at a given address, the person should get the account in order and not get water from a neighbor. Schumpert said the City Attorney would say that taking the person’s property was wrong, although the police would consider it to be confiscating evidence, but he was not sure the people other than police could do that. He said his position is that the employees should not have done that, and the property was returned in two hours, but aside from that, they should not have taken it. Schumpert said there were two violations of the ordinance as it relates to the incident, and those were illegal use of water from a fire plug and getting water from another location. He asked that Council not change the code as it relates to the fire plug, and stated that Council could further discuss the garden hose situation.

Beller said he agreed with the portion about the fire plug, and that the man should have known better. He said Page 27 of the agenda shows restrictions established, “no owner or occupant of any building where water is introduced will be allowed to supply water to any person not living on the premises.” He suggested it be worded to indicate domestic purposes. Beller said under the ordinance now, if a person is gone and a neighbor drags his hose over to water the person’s flowers, he would be in violation, and the same would be true if his neighbor’s house was on fire, so common sense has to come into play. He said Council changed an ordinance last year to allow a property owner or renter or resident to be able to turn off his own water at the meter because the ordinance then required the City to turn it off. Beller said a person may be having a plumbing problem and it would be against the law for a neighbor to help out with water. He suggested a group work on language to allow for common sense application of the law.

Warren said codes are written for those attempting to break a law or what everyone has deemed to be the right thing to do. He said if it is changed, and a water park, for example, has a meter pulled by the City for non-payment, an adjacent owner could furnish water. Warren said he did not think an officer or any other City official would fine a person for using their water hose to put out a fire at a neighbor’s house. He said he did not understand the circumstances involved in the case that caused this item to be brought forward; he asked if a person was building a house for himself. Powell said it was to be his personal residence, and it was a very large slab and the cap was lost due to the City turning off his water and taking his hose. Warren asked if he had a meter and Powell said no, and many do not. Warren asked if the man did not know he would need water before he started pouring the slab.

Purcell said the ordinance seems to have worked all along until this one instance, and maybe someone did not use good common sense, but it did not seem to be a reason to change the whole ordinance. He said changing an ordinance may make it worse.

Warren asked if the person did this for a living as a contractor. Powell said it was an individual contracting his own house in a gated area on the west side of Lawton; he was in the process of pouring the slab, started at about 7 a.m. and about 2 p.m. he was stopped. Warren said anyone with the ability to contract their own job, part of that is getting the permits and knowing what you have to do, and you would assume you would have to have water and the heat spell did not happen overnight and you know you have to have water when you pour concrete. He said it appeared the problem started after he got caught for taking the water.

Williams said it seemed to be a case of two wrongs not making a right, and the individual acknowledged that he acted in haste in tying on to the water to alleviate a problem with the concrete curing quickly. He said when that was found out he apparently made an agreement with a neighbor and City staff thought well, here he goes again doing something wrong again. He said he did not know this was a bad ordinance and encouraged staff to place themselves in the other person’s position some times and work closer with them. Williams said if the neighbor agreed for him to use the water, it is an area with private streets in a gated community and not like it is a city street, so in such a situation, we could have been a little more user friendly.

Shanklin said this incident aside, it is still against the law for him to wash off his neighbor’s grass with his hose. He said it was not any different from a water meter being turned off or on in the previous example.

Beller said he felt the man erred a couple of times, and should have established an account, but common sense would tell a person to let the man water the pad. He said it may have been an isolated incident but it did happen and may happen again. Beller said changing the ordinance to reflect temporary usage or for emergency purposes might help, but not allowing a person to run a line from his neighbor’s house for domestic service to a residence.

Warren said you cannot write an ordinance to allow for exceptions, and if the emergency language had been in the ordinance, it would not have applied because the person himself caused the emergency. He said breaking a law probably would not allow someone to receive emergency aid.

Shanklin said the person allowing a neighbor to use water will be paying for that water so it is not like the City is not getting paid for it.

Williams asked for a consensus. Beller suggested some members speak with Mr. Carson in this regard and if language can be found, it could be returned to Council, and if not, the matter would be dropped. Council agreed to the suggestion.

7.    Consider requesting the external auditors to research and confirm the City’s cost to produce and distribute treated water, and the cost to collect and dispose of wastewater. Exhibits: None.

Purcell said he requested the item. He said numbers are given when the question comes up but they should be verified by the external auditors and accepted as accurate. Purcell said the audit is being done and most of the information would have to be gathered for that purpose. He said once and for all there should be an outside expert provide the information.

MOVED by Purcell, SECOND by Smith, to request the external auditors to research and confirm the City’s cost to produce and distribute treated water, and the cost to collect and dispose of wastewater.

Shanklin said he did not believe they had the expertise to determine the value of a line that had been in the ground for 60 years. He said we know what it costs to produce the water so this must be to put a value on the distribution lines. Shanklin said some of the lines in Old Town North still have lead joints and there is a value there. He asked what we would do with the number if we had it. Purcell said we would then know, according to the experts who do these things for a living. Shanklin said he did not know that accountants knew much about a 70-year old water line.

Williams said if Stanfield & O’Dell will do this for nothing, he would not have a problem, but they will probably get all the information from the City staff to try to figure it out, and the internal auditors have done as close of an estimate of what it costs to treat, distribute and collect, as can be done. Purcell said he agreed but the problem is some of the Council members do not believe what internal auditing provided and maybe the external auditors would confirm it.

Sadler said he would like to have an independent review. He said he asked the costs previously when selling water for certain amounts was being discussed, and we do not seem to have a handle on the costs. Sadler said he did not know if they were selling water below cost and that he would like to have an outside point of view, and it may be necessary the next time a prospect comes in to discuss buying a large quantity of water.

Shanklin said a value would be assigned to a line but Council recently abandoned a line on 24th Street and it may have been carried at a value of $200,000, but it was abandoned because it was underneath homes. He said Purcell was still trying to queer the deal on Republic. Purcell denied that statement and stated he resented the accusation.

Purcell said he had no agenda in mind other than to find out what it costs to produce and treat the water. He said he felt it was his fiduciary responsibility as a Council member to know that information. Purcell said he was satisfied with the report from the internal auditor but there still seemed to be questions when it comes up. He said it is not related to anything that happened in the past.

Shanklin said we have that information from the staff, and what they deem the infrastructure to be worth. He asked if Council would deny economic development because we plan to bring in some 70-year old infrastructure and create a cost that we cannot compete with. Shanklin said water is a commodity we run our city government with and our tax base, and it should have nothing to do with how much it costs. He said water is the City’s life blood and to say this is what it costs, there are too many variables and too many factors involved, and to tell economic development they will have to pay $1.25 because that is what it costs us, and we will have told the citizens that is the cost of water and it will include the failed infrastructure, finance, and others that we have to have anyway.

Beller said he was not sure we had a good grasp on the cost and maybe the external auditors could help. He said if you are selling something, you should know the cost of it. Shanklin said we have it. Williams said there are several ways to look at how the costs were arrived at.

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

8.    Consider amending Council Policy 10-3 changing proof of residency requirements for users of the Landfill to dispose of refuse at no charge. Exhibits: Proposed Council Policy 10-3.

Schumpert said staff was directed to return a policy amendment to allow identification by utility bill only for landfill disposal at no charge. He said previous discussion was that drivers’ licenses may show Lawton addresses but the person may have moved and not changed the license.

MOVED by Williams, SECOND by Purcell, to approve changing Council Policy 10-3 as revised.

Beller said landlords pay utilities for some rental units and the renter would not have a utility bill, so it would seem that a driver’s license would be sufficient. He said a person may clean up his backyard and take debris to the landfill, but he could have just as easily stacked it in the alley for City crews to pick up so it may be a mistake to accept only the water bills.

Shanklin said military personnel who rent may not have a utility bill or a local driver’s license, and there is inadequate staff to check every vehicle entering the landfill very closely. He did not support changing the policy.

Warren said many people may have driver’s licenses with Lawton addresses but may now live within a 25 mile radius of Lawton. He said the attendant would have to look at either the driver’s license or water bill so it would not be any more time consuming for the attendant by requiring the water bill.

Shanklin said people clean up their yards and take the debris instead of stacking it in the alley so they are doing us a favor.

Purcell said if the water bill is not used, they might as well not charge at all.

Powell asked if the City could issue a permit on the back of the water bill showing who could use the card to dump refuse to cover the tenants.

Beller said you do not go home to get the water bill if you are out cleaning up your yard but you always have your driver’s license with you. He said if the license shows a legitimate Lawton address, that should be enough. Warren said if you are cleaning up your yard, you are at home where your water bill is at. Beller said he did not save his water bill stubs.

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

9.    Consider establishing a Council Committee to receive citizen complaints. Exhibits: None.

Title was read by the Mayor and Shanklin requested the item be stricken. Item was not discussed.

10.    Consider adopting an ordinance amending Section 16-204, Chapter 16, Lawton City Code, 1995, amending the hours in which an arrest may be made in matters relating to domestic abuse and declaring an emergency. Exhibits: Ordinance No. 98-28.

Cruz said the State law changed from four hours to 72 hours in which a police officer could cite a person for domestic abuse, and recommended approval of the ordinance.

MOVED by Beller, SECOND by Purcell, to approve Ordinance No. 98-28, waive reading of the ordinance, read the title only, and declare an emergency.

(Title read by Clerk)    Ordinance No. 98-28

An ordinance relating to offenses and crimes, amending Section 16-204, Chapter 16, Lawton City Code, 1995, amending the number of hours in which an arrest may be made in a matter of domestic abuse, providing for severability and declaring an emergency.

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

11.    Consider Amendment #1 to the Memorandum of Agreement between the City of Lawton and the Lawton Urban Renewal Authority. Exhibits: Proposed Amendment #1. ( 5/22/98 Draft LURA Minutes on file in Planning Department).

Schumpert said if the Community Development Director spends his time on other than a CDBG or HUD related activity, then time is recorded as such on the time sheet; the second part that caused a problem was use of a specific title, that being Director of Community Development. He said the title was changed during a budget process and amendment would be needed. Schumpert said as ordinances and codes are reviewed, they are trying to indicate generic titles. He said since the Housing and Community Development Director has to log his time separately for this, he planned to appoint the Planning Director to this position, but the MOU indicated he could not do that, so this is the change.

Schumpert said he did not care if it was the City Manager or Council that designated the executive director of the Lawton Urban Renewal Authority, and the amendment shows the City Manager will appoint a person from the City staff to act in that capacity.

MOVED by Beller, SECOND by Warren, to approve Amendment #1 to the Memorandum of Agreement between the City of Lawton and the Lawton Urban Renewal Authority.

Shanklin asked if this has not been working in the past. Williams asked if it was too much for the Community Development Director to handle. Schumpert said the City Planner is involved in the process as the secretary and the Housing and Community Development Director keeps part of the books, so there are records in both places, and this is an attempt to make one individual on City staff responsible for the Urban Renewal Authority. Williams asked if the City Planner has to be part of LURA. Schumpert said he will be involved in some manner. Williams asked if a secretary takes notes and Schumpert said yes, as far as he knew they had official minutes taken of the meetings.

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

12.    Consider entering into a Memorandum of Understanding with Marie Detty Youth and Family Services Center for a cooperative effort with the Parks and Recreation Department to provide alternative recreation activity for youth in the City of Lawton. Exhibits: Memorandum of Understanding; funding request.

Bob Rhoads, Assistant Parks & Recreation Director, said they had been working with Marie Detty since March regarding programs that may impact at-risk kids, and this is a combination of ideas and programs. He said Marie Detty will pay the funding directly and the City will provide staff support for the activities, which are summer programs for youth.

Purcell said the amount is shown as $9,415 and asked if that was in the budget. Rhoads said this will not be a cost to the City; it will all be paid for by Marie Detty directly. Cruz said $9,415 is the funding from Marie Detty, not City funds. Schumpert said City staff time is involved.

Williams said Mr. Johnson got a lot of support from the business community for the Juneteenth Program for the food items. He asked if the $1,000 is to offset the other costs. Rhoads said food items were from volunteers. Williams asked if City staff were presently doing these things. Rhoads said they started with a small program last year, the Hershey Track Meet, and this is an expansion and if it is done in the future, it would probably involve larger amounts of money and formal contracts. Shanklin asked where they would get the staff. Rhoads said it would be a part of the recreation center programs, and the tennis instructor would be hired through contract work for specialty items; track coach would be paid for by Marie Detty. Warren said cooperative efforts should be encouraged and it could allow things to happen that the City would not normally be able to fund.

MOVED by Purcell, SECOND by Smith, to approve this agreement. AYE: Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

13.    Consider approving recruiting advertising for the position of City Manager. Exhibits: None.

Schumpert said the language proposed is similar to the advertisement used last time and the advertisement was reviewed. Purcell said the population figure is incorrect. Schumpert said it should show an additional population of 12,500 from Fort Sill’s annexation.

Purcell said the advertisement states the person must have experience in a city larger than 35,000 population. He said cities are grouped by size, such as under 2,500, and those up to 50,000 population, then the 50,000 to 100,000 category, and 100,000 to 250,000 population, and up. Purcell said Lawton falls in the 50,000 to 100,000 category and suggested a person be sought with experience in a city in that population category range. He said the 35,000 should be changed to 50,000 for the population range regarding experience.

Shanklin said it was previously shown at 60,000 and two of the last three city managers did not have that experience at the 35,000 level. He said if that stipulation is put in concrete, you are saying you do not want anyone from the State of Oklahoma to have this job, or no one would be qualified to have it. Shanklin said that would mean the candidates would not even know where Lawton is until they arrive, and that he did not like that approach.

Beller said he agreed with Shanklin and that imposing strict limitations would restrict the number of applicants that could be considered. He said one section states seven years of increasingly responsible experience, and asked who would interpret that and if it would be the Personnel Director. Beller said in his opinion that language is ambiguous. He said there are people with administrative capabilities who could run the city and probably please the majority of the council members but may not be able to meet stringent requirements. Beller suggested the requirements be lowered initially and then if appropriate to raise it. He said a person with attitude and enthusiasm could accomplish just about anything, and a good manager with good managerial experience, people skills, is who we need to look for whether he is from a town of 2,500 or 25,000 or 125,000, but if we put this in concrete, we will break our own rules or expectations. Beller said we do not have to hire a city manager from another town but can hire someone with administrative capabilities and people skills.

Warren said he had no problem with the 50,000 and it is ok to take less because they will all end up in executive session fighting it out and if they can weed out as many problems as possible before they get in there they can do it in a much better manner. He said he did not want someone from a very, very small town coming in and it would be a waste of time for them and the council.

Williams said he did not think they would pay for someone’s expenses to come for an interview in person if they did not think they looked strong enough on paper. He said they would get people with less than seven years’ experience, and less than 35,000 population, and all kinds of applicants, and it will be the council’s responsibility to weed them out. Williams said he had no problem with the way the advertisement is written. He said he wanted to look for a professional city manager, someone with experience, and they need strong communication skills, leadership, administration, and they need to be seasoned in city politics.

Beller said if we say that they must have, are we going to stick to that must; if they have six years and ten months, it does not count. Williams said this is a council decision. Beller said not if we put it in writing and say you must have. Shanklin said you can say it is preferred. Beller said that would be a good word. Shanklin asked how they can weed out 70 candidates. Beller said they would use a weighted scale to give to them. Sadler said that was the number they had in 1994 and he read every one of them and it was very interesting to see them and he was not scared of a little reading. Beller said “preferred” rather than “must” should be used and the ad should say seven years of increasingly responsible experience is preferred.

Powell asked if the 35,000 population should be left as is and this was agreeable.

Schumpert asked if it should be prefer seven years of increasingly responsible experience in the field of city management. Beller said that is not preference. Warren asked if before the word “required” in the third sentence could they put preferred requirements. Schumpert asked if that would apply to the bachelor’s degree and Beller said he would rather have the word preferred wherever they are making the requirements. Williams disagreed. Williams said he wanted the person to have responsibility and leadership and if you say we would prefer you to have it, you may not get the quality of people you want to look at. Beller disagreed.

MOVED by Purcell, SECOND by Williams, to approve it as it reads except we change the population to the right number and everything else remains the same.

Schumpert said the correct population figure would be 99,500.

Beller asked if we request these things, are we obligated that they have these requirements. Several members said no and Beller asked Cruz to respond. Cruz said if it were to go through a screening process, you have to have it, and if you do not have it, you do not make it.

SUBSTITUTE MOTION by Shanklin, SECOND by Smith, to leave it as is except it will read “prefer masters degree and seven years of increasingly responsible experience in the field of city management”, and change the population. AYE: Smith, Sadler, Purcell, Shanklin, Beller, Warren. NAY: Williams. SUBSTITUTE MOTION CARRIED.

Schumpert asked if advertisements should be published any places other than those shown and Shanklin said it looked good to him.

Sadler asked if Item 9 could be considered at this time. Cruz said it could be considered if the Mayor had not read the title. Shanklin said he asked that it be stricken. Discussion was held about whether or not the title had been read. Sadler said he thought it was a good idea and would like it brought back. Item will be returned for consideration.

CONSENT AGENDA:

14.    Consider the following damage claim recommended for denial: Wendell and Virginia Broome; and Opal and Ronald Thurman. Exhibits: Legal Opinion/Recommendations. Action: Claims denied.

ITEM 15 WAS PULLED FROM CONSIDERATION DUE TO LAWTON WATER AUTHORITY ACTION.

16.    Consider adopting a resolution increasing landfill fees, increasing fees for roll-on/off (reever) fee containing demolition materials from structures ordered demolished by council resolution and demolished and removed by owner, and recommend adoption of the resolution to the City Council. Exhibits: Resolution No. 98-112.

(Title only)    Resolution No. 98-112

A resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995, increasing the rate for disposal of construction and demolition materials from buildings demolished following condemnation proceedings of dilapidated structures by the City Council, and providing an effective date. (Effective date is July 1, 1998)

17.    Consider approving modification of the agreement between the City and the State of Oklahoma Office of Juvenile Affairs for the development, operation and management of a Community Intervention Center in Lawton. Exhibits: Modification of Agreement. Action: Approve item.

18.    Consider adopting a street light resolution to authorize installation of additional street lights in residential areas. Exhibits: Street Light Resolution No. 404. Action: Approve item.

19.    Consider approving annual contract renewals between the City of Lawton and the following: Crimestoppers (re: proceeds of sale of eligible personal property for cash reward funding); Crimestoppers (re: K-9 agreement); The Department of Corrections (re: temporary housing of prisoners in city jail). Exhibits: None. Action: Approve item.

20.    Consider approving annual contract renewals between the City of Lawton and the following: County Commissioners (re: juvenile detention center); J. Roy Dunning (re: children’s shelter); and Roadback (re: detoxification center). Exhibits: None. Action: Approve item.

21.    Consider a contract between the City and the Comanche County Board of Health for certain health matters. Exhibits: Contract. Action: Approve item.

22.    Consider approval of a contract between the City and Comanche County for civil defense services. Exhibits: Contract. Action: Approve item.

23.    Consider entering into an agreement with the Board of Comanche County Commissioners for its use of the City’s Patterson Center and H.C. King Community Centers for Senior Citizens’ nutrition project sites. Exhibits: Proposed lease agreement. Action: Approve item.

24.    Consider approving agreements for refuse disposal with the following entities, and authorize the Mayor and City Clerk to execute the agreements: Towns of Cache, Chattanooga, Indiahoma, and Multiple Community Services Authority. Exhibits: None. Action: Approve item.

25.    Consider approving agreements for euthanization services with the Town of Geronimo and the Town of Cache, and authorize the Mayor and City Clerk to execute the agreements. Exhibits: None. Action: Approve item.

26.    Consider approving and authorizing an agreement between the City of Lawton and Lawton Mobile Meals, Inc. for the purpose of operating the Mobile Meals Program for Fiscal Year 1998-1999. Exhibits: None.  Action: Approve item.

27.    Consider approving an amendment to a contract between the City of Lawton and Great Plains Improvement Foundation, Inc. (GPIF) to extend the Operating Agreement for operation of the HOME Investment Partnerships (HOME) Program's Tenant-Based Rental Assistance (TBRA) Project. Exhibits: None. Action: Approve item.

28.    Consider approval of an agreement for Mutual Aid in Fire Protection with United State Army Field Artillery Center and Fort Sill (USAFACFS) Fire Department. Exhibits: None. Action: Approve item.

    

29.    Consider approving an amendment to the agreement between the City and Co-Op Services, Inc., and authorize the Mayor and City Clerk to execute the amendment. Exhibits: Amendment No. 4; Letter from Co-Op Services, Inc.     Action: Approve item.

30.    Consider accepting the "K" Avenue and NW 34th Sewerline Project 97-9 as constructed by Dobbs-Washita Construction, Inc. and placing the maintenance bond into effect. Exhibits: Location Maps. Action: Approve item.

31.    Consider accepting the Solid Waste Collection/Street Division Building Re-roofing Project 97-22 as constructed by Clayco Industries d/b/a Ford Roofing and placing the maintenance bond into effect. Exhibits: Location Map. Action: Approve item.

32.    Consider accepting the Baldwin and Lincoln Waterline Replacement Project 97-17 as constructed by Dobbs-Washita Construction and placing the maintenance bond into effect. Exhibits: Location Maps. Action: Approve item.

33.    Consider accepting the Bishop Road Bridge Project 96-17 as constructed by the Board of Commissioners of Comanche County. Exhibits: Location Map.  Action: Approve item.

34.    Consider approving plans and specifications for the Utility Reconstruction Project 97-10 and authorizing staff to advertise for bids. Exhibits: Location Map. Action: Approve item.

35.    Consider approving plans and specifications for the Portable Office at City of Lawton Landfill, Project 98-6 and authorizing staff to advertise for bids. Exhibits: Location Map. Action: Approve item.

36.    Consider approving right of way licenses to Wackenhut Corrections Corporation and First Security Bank, National Association, Trustee for a sewer line to serve the Wackenhut Corrections Corporation facility. Exhibits: Location Map; Draft license (on file in City Clerk's Office). Action: Approve item.

37.    Consider acknowledging receipt of permit from the Oklahoma State Department of Environmental Quality for the construction of sanitary sewer lines with appurtenances to serve Walgreen’s at Sheridan and Ferris in the Koehler Addition, Lawton, Comanche County, Oklahoma. Exhibits: None. Action: Acknowledge receipt of permit.

38.    Consider rejecting proposals for supplemental insurance. Exhibits: Vendor's mailing list and department recommendation. Action: Reject proposals.

39.    Consider approving the Proposed Cooperative Program and Memorandum Agreement between the Oklahoma Water Resources Board, the U.S. Geological Survey and the City of Lawton and authorizing the Mayor and City Clerk to execute the agreement. Exhibits: Proposed Cooperative Program and Memorandum Agreement. Action: Approve item.

40.    Consider extending contract with Southwestern Bell Telephone Company to provide E-911 equipment and support services to the City of Lawton until June 30, 1999. Exhibits: Proposed contract extension form. Action: Approve extending contract.

41.    Consider awarding contract for vehicle identification software. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Action: Award contract to Imageware Software, Inc.

ITEM 42 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

43.    Consider awarding contract for a belt driven mower. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Action: Award contract to Construction AG Supply.

44.    Consider awarding contract for plotter. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Action: Award contract to SAI Computers.

45.    Consider awarding contract for CAD software licenses. Exhibits: Vendor's mailing list, bid tabulation, department recommendation. Action: Award contract to Avatech Solutions.

46.    Consider awarding contract for herbicides. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Action: Award contract to United Horticultural Supply.

47.    Consider awarding contract for redi-mix concrete. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Action: Award contract to Southwest Redi-Mix.

48.    Consider awarding contract for lowering device combination. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Action: Award contract to Frigid Fluid Company.

49.    Consider awarding contract for employee physicals/drug screen testing. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Action: Award contract to Southwestern Medical Center/Prompt Care.

50.    Consider awarding contract for demolition of 407 NW 4th Street. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Action: Award contract to Beaver Creek Tractor Service.

51.    Consider awarding a contract for presort mailing service. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Action: Award contract to Southwest Mailing Service.

52.    Consider awarding contract for radio transmission line. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Action: Award contract to AF Comm Supply.

53.    Consider awarding contract for heater/air conditioner. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Action: Award contract to Dorrell Plumbing.

54.    Consider extending contract for first aid supplies, equipment & services. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Action: Extend contract with Life & Safety Service to 6/30/99.

55.    Consider extending contract for water clarification chemicals. Exhibits: Vendor's mailing list, bid tabulation & department recommendation.  Action: Extend contract with NTU Technologies to 8/31/99.    

56.    Consider extending contract for soil. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Action: Extend contract with Penland Topsoil to 8/31/99.

57.    Mayor’s Appointments. Exhibits: None.

McMahon Auditorium Authority:

Debbie Shandy-Taylor to 6/30/2001; Allison White, Fort Sill Rep., to 6/30/2001;

Dr. William Jolly to 6/30/2001; David Sandstrom to 6/30/2001

Arts & Humanities Council:

Randy Eyles to 6/30/2001; Susanna Fennama to 6/30/2001; Lil Korpal to 6/30/2001;

Whittie Rainwater to 6/30/2001; Steve Phillips to 6/30/2001

Citizens’ Advisory Committee (CIP): J.D. McLemore, Ward 8, to 6/9/2001

Library Board: Isabell Gardner to 5/31/2000

Human Rights & Relations Commission: Bob Tenequer, Native American, to 9/30/99

58.    Consider approval of payroll for the period of June 15 through 28, 1998. Exhibits: None.

Mayor Powell said Item 15 should be stricken due to Water Authority action. Beller asked for separate consideration of Item 42.

MOVED by Shanklin, SECOND by Smith, to approve the Consent Agenda items as recommended with the exception of Items 15 and 42. AYE: Williams, Sadler, Purcell, Shanklin, Beller, Warren, Smith. NAY: None. MOTION CARRIED.

42.    Consider awarding contract for riding mower. Exhibits: Vendor's mailing list, bid tabulation & department recommendation. Recommended Action: Award contract to Standridge of Duncan.

Beller said a local vendor bid $3,451 and the recommended vendor bid $3,660. He said the mower bid was cheaper but the mulching kit and options were higher and asked if the total bid had to be accepted. Beller said one mulching kit was $800 and another was $159 and another was $74. He asked if the $74 mulching kit met the specifications. Warren said one type of mower would not accept another type of mulching kit, and it may be possible to buy a mower without a mulching kit if that is appropriate. Beller asked if there were specifications on the mulching kit and if the $74 mulching kit met specifications, and another vendor bid $800 for a mulching kit so it did not seem that both would be able to meet the specifications. Purcell said the items should be a unit and Warren said you probably cannot put a Snapper mulching kit on a Ford mower. Bob Rhoads, Assistant Parks & Recreation Director, said it was not bid as an alternate but as a package and recommendation was to award to the low bidder on the package. Beller asked if there was a difference between an alternate and an option.

MOVED by Beller, SECOND by Purcell, to approve Item 42.  AYE: Sadler, Purcell, Shanklin, Beller, Warren, Williams. NAY: None. OUT: Smith. MOTION CARRIED.

BUSINESS ITEMS:

59.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss a claim for reimbursement of payment of Workers’ Compensation benefits by the State Insurance Fund in the Workers’ Compensation case of Bobby Montanez v. City of Lawton, Court Claim No. 86-210410A, and, in open session, authorize the appointment of an interest arbitrator and presentation of a counterclaim, if necessary, under the provisions of an administrative services and reinsurance agreement between the parties. Exhibits: None.

60.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss a lawsuit styled Renato M. Caballero III and Renato M. Caballero vs. City of Lawton, Case No. CJ-96-747, Comanche County District Court, and, in open session, appoint a person to represent the City at any Settlement Conference and in trial. Exhibits: None.

61.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss pending action against Bar-S Foods, Co., and take appropriate action in open session. Exhibits: None.

62.    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, to include approving a resolution extending provisions of the FY 97/98 Collective Bargaining Agreement or certain provisions thereof until a successor agreement is placed in effect. Exhibits: None.

63.    Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the status of negotiations between the City and the International Association of Firefighters, Local 1882, and a proposed resolution, and in open session, consider approving a resolution extending certain provisions of the FY 97/98 Employment Agreement until a successor agreement is placed into effect. Exhibits: Resolution to be distributed in executive session.

64.    Pursuant to Section 307B1, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the appointment of a City Attorney, and, in open session, take action as necessary. Exhibits: None.

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

The Mayor and Council convened in executive session at approximately 8:10 p.m. and reconvened in regular, open session at approximately 9:10 p.m. with roll call reflecting all members present except Green.

Cruz reported the Mayor and Council met in executive session to consider the items listed on the agenda. He said on Item 59 relating to the Bobby Montanez claim, he requested the Council appoint Jim Ferguson as the City’s interest arbitrator and also authorize the City Attorney to present a counter claim to the State Insurance Fund.

MOVED by Williams, SECOND by Purcell, to appoint Jim Ferguson as the City’s interest arbitrator and also authorize the City Attorney to present a counter claim to the State Insurance Fund. AYE: Beller, Warren, Smith, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

Cruz said on Item 60 relating to the Cabellero claim, he would request that G. Wayne Smith be appointed to be the City’s representative at the settlement conference and possibly at trial.

MOVED by Williams, SECOND by Warren, that G. Wayne Smith be appointed to be the City’s representative at the settlement conference and possibly at trial regarding Cabellero. AYE: Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

Cruz reported on Item 61 relating to the pending action against Bar-S Food Company, no action is needed in open session.

Cruz reported on Item 62 regarding the negotiations between the police union and the City of Lawton, he asked that Council adopt a resolution rolling the present year’s contract with the police union over to the next fiscal year until such time as a new agreement is put in place.

MOVED by Smith, SECOND by Warren, to adopt Resolution No. 98-113. AYE: Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

(Title only)    Resolution No. 98-113

A resolution extending the provisions of the FY 1997-1998 Collective Bargaining Agreement between the City of Lawton, Oklahoma, and the International Union of Police Associations, Local 24, from July 1, 1998, to a period certain, for full time commissioned members of the City of Lawton Police Department excluding the Chief of Police and the Assistant Chief of Police.

Cruz said on Item 63 relating to the status of the negotiations between the City and the firefighters union, he asked that Council adopt a resolution adopting certain provisions of the present year’s contract to be carried over into the next year and until a new contract is placed into effect.

MOVED by Warren, SECOND by Smith, to adopt Resolution No. 98-114. AYE: Smith, Williams, Sadler, Purcell, Shanklin, Beller, Warren. NAY: None. MOTION CARRIED.

(Title only)    Resolution No. 98-114

A resolution adopting certain provisions from the FY 1997-1998 employment agreement between the City of Lawton and the International Association of Firefighters, Local 1882, for the period of July 1, 1998, through June 30, 1999, or until a successor agreement is placed in effect for the administration of pay and benefits of the full time members of the City of Lawton Fire Department excluding the Fire Chief, probationary firefighters and civilian employees.

Cruz said on Item 64 relating to the appointment of a City Attorney, no action is needed at this time.

REPORTS: MAYOR/COUNCIL/CITY MANAGER.

Williams said the committee that worked on revisions to the sign ordinance will meet tomorrow from 2 to 3 p.m. and from 6 to 7 p.m. in Room 1 at the Library to receive public input regarding the committee’s proposed recommendation to the Council.

Mayor Powell said each member has been provided a schematic of the Lake Lawtonka shoreline. He asked that the following persons serve on a committee regarding the lakes: Robert Shanklin, Chairman; Richard Williams, Jeff Sadler, Jerry Ihler, Steven Glick, Frank Hawthorne and Bill Farris.

Mayor Powell asked that the following persons serve on a committee regarding recycling: Dr. Lynn Musselwhite, Chairman; John Purcell, Charles Beller, Carol Green and Jerry Shelton.

Mayor Powell asked that the following persons serve on a committee regarding the aquifer: Dick Zarle, Chairman; Bill Kennard, Red Kirby, G. Wayne Smith, Jerry Ihler, Bob Shanklin, and Harold Wilson.

Shanklin asked that the City Manager provide a response regarding the letter from John Munkacsy. Schumpert said a letter was written to alert them to the fact that there are some things that need to be done, such as right of way clarification and platting, and the letter was to alert the Chamber that either they need to do that before closing the sale of the land or they need to alert Republic of that before they can begin. The president indicated they planned to start a $10 million per month construction project which is a very rapid project, but before they do that, there are certain legal requirements that must be met so we do not get to a point where they close on the land, move out there and start moving dirt and we say the right of way is not cleared, there is not right of way to put a water line in, we do not know where the rail spur will actually go, and all those kind of things. The process needs to be started by someone; it does not have to be the Chamber, but someone must do that to get all the legal requirements, over which we have no control, accomplished so we do not end up in a situation where Republic is accusing the City and people are pointing fingers and that sort of thing. Schumpert said it was not intended to be a negative letter, nor an anti-economic development letter in any way but it was to let them know that there are certain things that we cannot in fact agree to until these actions are taken, and someone needs to do that. The City does not have the ability to waive or ignore the items.

Shanklin asked if there had been any correspondence with Republic. Schumpert said they have had people down and started working with them but the concern was those people are not aware of the situation and that it was not discussed with them when they came down.

Mayor Powell wished everyone a happy and safe July 4th Holiday.

There was no further business to consider and the meeting adjourned at 9:20 p.m. upon motion, second and roll call vote.