Month 1999-11 November


Meeting of 1999-11-9 Regular Meeting


MINUTES
LAWTON CITY COUNCIL REGULAR MEETING
NOVEMBER 9, 1999 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor Cecil E. Powell,        Also Present:
Presiding            Bill Baker, City Manager
            John Vincent, City Attorney
            Brenda Smith, City Clerk
            Lt. Col. Jeff Ewing, Fort Sill Liaison            

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

ROLL CALL
PRESENT:    G. Wayne Smith, Ward One
        Richard Williams, Ward Two
        Glenn Devine, Ward Three
        John Purcell, Ward Four
        Robert Shanklin, Ward Five
        Charles Beller, Ward Six
        Stanley Haywood, Ward Seven
        Randy Warren, Ward Eight

ABSENT:    None.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR MEETING OF OCTOBER 26, 1999.

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

AUDIENCE PARTICIPATION:

Darrell McGee, 7205 NW Sprucewood Drive, Post Commander of VFW Post 5263, said the VFW Post is preparing to move in the next two to four weeks to a new address at 103 NE 20th Street. He said before they can move, they must transfer their City and State permits; the City permits cost $680 annually and were due September 1999, so they paid two months ago. He said they asked to transfer the permits to the new location and were told they could not transfer them and they had to buy new permits. The ABLE Commission allows transfer of that permit, which costs $500 per year and is also due in September; ABLE has a $100 transfer charge. McGee said they are a non-profit organization and he listed the many worthwhile projects the group supports. He asked that the $680 permit fee be either waived or lowered since they just paid the $680 two months ago.
Mayor Powell said the Council cannot take action on this but had heard the comments. Shanklin said he would bring an item back to the next meeting. Williams asked what prohibited prorating of the costs. Vincent said he did not know which permits were being referred to and McGee presented the four permits which were for the food license, on-premises dealer, mixed beverage and tavern.

Lawana Wright said she owns and operates a beauty salon at 912 F Avenue. She said she went to vote today and was not allowed to vote because she does not reside in Lawton, although she spends probably 60 to 70 hours per week here. Wright said she could not vote on the proposition but she is a property owner and has a business and spends more time in Lawton than outside of Sterling. Wright said if this proposition passes, she would be taxed on her property without a voice because she could not vote and she did not think that was right or fair to her.

Mayor Powell said to his knowledge, the Council had no governance over this whatsoever. Wright asked who makes those decisions. Smith said the State. Vincent said ad valorem taxes are set out in the Oklahoma Constitution and an amendment would be required in that regard. Wright asked if this was a violation of her Constitutional rights. Vincent said he could only quote from the Constitution.

BUSINESS ITEMS:

Mayor Powell asked that Item #2 be considered at this time and there was no objection.

2.    Consider expenditure of 1995 Capital Improvements Program funds to renovate American Eagle Lawton Maintenance Facility, and authorize staff to prepare appropriate agreement for the Mayor and City Clerk's signature. Exhibits: None.

Smith said several Council members sat in on the Airport Authority meeting recently where a presentation was given by Mr. Bridges and Mr. Ford on the renovation needed at the American Eagle hanger. He said he was skeptical until he saw the work that was going to be involved.

MOVED by Smith, SECOND by Shanklin, to approve and authorize staff to prepare appropriate agreement for the Mayor and City Clerk to sign and fund this project from the 1995 Capital Improvements Program.

Beller suggested the presentation be given. Purcell said he felt there could be a better funding source and that he would like to see the presentation.

Ken Kleypas, Airport Authority Chairman, introduced Keith Bridges, Airport Authority member who gave a slide presentation concerning the current condition of the facility and its economic impact to the local region. Steve Ford, engineer from Oklahoma City, assisted Bridges in the presentation, pointing out in detail the need to reconfigure the structure due to the new shape of the tail section on the new type of plane that will be at the facility.

Purcell said the approximate balance in the 1990 CIP is $70,000. He suggested that funding source be used and the remaining amount be funded from the 1995 CIP. Purcell also suggested that the funds be through a loan arrangement where the funds would be repaid after the Airport's bond issue is paid off in 2002. Total amount required was $145,000.

Smith amended his motion to include $70,000 from the 1990 CIP and the remainder from the 1995 CIP. He said he would not agree to the provision that the funds be a loan and would not amend his motion in that regard. Discussion was held concerning competition with Abilene, Texas, for this facility and the jobs it brings.

Smith restated his motion as follows: To get the money using first the 1990 CIP, completion of that, and the balance from the 1995 CIP to fund the renovation for American Eagle facility and authorize staff to prepare an appropriate agreement for the Mayor and City Clerk to sign. Total funding will be $145,000. Restated motion was seconded by Devine.

VOTE on Motion as restated above: AYE: Beller, Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.

1.    Consider an ordinance creating a municipal planning commission as authorized by Title 11 of the Oklahoma Statutes. Exhibits: LMAPC Jurisdiction Map; List of Pros and Cons; Table of Types of Planning Commissions; Modified LMAPC Bylaws (excerpt); Ordinance No. 99-37.

Purcell said he brought this item back and apologized to Council because they basically did not want to do this before but went along with his argument. He said LMAPC changed their by-laws to do what was agreed to, or at least what Council thought was going to happen that would give the Council the final authority on land use changes. Purcell said he was talking about land use change under Title 19 only. He said he was asked at that time what happens if this does not work, and he said he would bring it back and Council could do what it had originally started to do. Purcell said the first item under the new by-laws went to LMAPC, and even though Council heard that the LMAPC unanimously agreed to change their by-laws and they wanted the Council to make the final decision, it was not done so Council could make the final decision. He said the only way he knew of doing this at this point in time was to create a City Planning Commission under Title 11 under State law which then allows the Commission to make recommendations to the Council, but the elected body is the final authority, as it should be, to make the final decision on land use, and that is why the item is back.

Smith asked how long it would take to make this a legal body. Vincent said it is not an emergency ordinance but it contains an effective date of December 13, 1999, and appointments could be made on December 14 and it would become a legally constituted body on the 14th.

Purcell said it is proposed to be a City Planning Commission made up of nine members, one from each ward and one from the Mayor to get a good cross section from the community. He said there is no reason why some of the current members of the LMAPC, who live in the city, could not serve on this if they would agree to do so.

MOVED by Purcell, SECOND by Beller, to approve Ordinance No. 99-37, waive reading of the ordinance, read the title only.
Williams asked how many communities have their own local zoning or planning commission. He also asked about the land use plan and said there is presently a review every five years or so, and asked if there is an opportunity to review the plan more frequently, other than the requests for specific changes.

Vincent said Tulsa has a regional planning commission created under Title 11, not like Lawton's, and as far as he knew, Lawton was the only community in the State that uses this particular method of operation under Title 19. He said most of the cities are under one of the three forms in Title 11 but the way this ordinance is structured is the only way Lawton can go under Title 11 because of population.

Williams asked if Oklahoma City did something different. Vincent said Oklahoma City falls under a different part of Title 11 because of their large population.

Baker asked at what point we would go to the Governor's Office to re-designate the MPO. He said we must be aware of a critical factor that if this commission is created, we would need to go to the Governor and ask that this new body serve as the MPO, and asked Bigham if that was correct. Bob Bigham, City Planner, said until actions are taken by the City Council and the County Commissioners to adopt resolutions requesting the Governor to re-designate the Title 11 planning commission as the metropolitan planning organization, it would remain under the LMAPC. Bigham said he thought we would want to do that as soon as possible if we have any difficulties meeting our obligations with the LMAPC and it is a critical area that we must watch.

Williams asked if there was an answer to his second question. Vincent said the Charter requires that the land use plan be reviewed every five years and there is nothing to prohibit review more frequently. Williams said it was his understanding that it was a five-year plan but Vincent's answer appeared to be different. He asked Bigham if he concurred. Bigham said Vincent stated the minimum requirement by City Charter, and the response from staff is more from a manpower issue. Bigham said they would do it every year if there was adequate staff, so it is a manpower issue. Shanklin asked if Williams was asking if the Council could look at it themselves and revise it. Williams said that was what he understood Vincent to say and Shanklin agreed. Vincent said if the ordinance is adopted where the planning commission is a recommending body, the Council can review the entire land use plan whenever they want to as long as they do it at least every five years. Shanklin said Williams' question was whether that can be done under LMAPC now. Williams said under Title 19 as it exists today, can the Council not direct staff to review the land use plan as often as it needs to be reviewed, maybe annually. Vincent said because of the six vote requirement, it could be reviewed only if LMAPC would send it forward for Council consideration.

(Title read by Clerk)    Ordinance No. 99-37
An ordinance relating to Administration, creating Article 3, Division 2, Chapter 2 of the Lawton City Code, 1995, creating the City of Lawton Municipal Planning Commission, and amending Article 3, Division 3, Chapter 2 of the Lawton City Code, 1995, amending the jurisdiction of the Lawton Metropolitan Area Planning Commission, providing for severability and an effective date.

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

3.    Consider authorizing the purchase of pipe materials for approximately one mile of waterline along Flower Mound Road from Lee Boulevard to Bishop Road. Exhibits: Map.

Jerry Ihler, Public Works Director, said Council authorized staff to move forward at the last meeting with purchasing pipe and materials for a six-inch water line parallel to Flower Mound Road from Lee Boulevard south to Bishop Road. He said a funding source was not identified at that time and this item recommends that $25,000 be provided from Council Contingency.

MOVED by Purcell, SECOND by Devine, to authorize expenditure of Council Contingency funds for pipe materials for approximately one mile of water line along Flower Mound Road from Lee Boulevard to Bishop Road.

Shanklin asked who owns the line. Purcell said he hoped it would be dedicated. Vincent said he was obtaining easements from the property owners on the west side of the roadway; the line will have to be moved from the east side of the road to the west side, and the property owners are donating the easements. Vincent said there were two owners they had not been able to contact yet, and the line will be placed in a City easement and be a City line. Devine said it was his understanding that the master meter will be moved a mile south and Vincent agreed.

Baker said it will take about 60 days to get delivery on this pipe as it is difficult to get PVC pipe at this time. He said he spoke with the County Commissioner this morning to explain that. Baker said the City will cover those portions that need to be covered since the construction cannot be done as quickly as was hoped. Shanklin asked if the County did not want to do that work. Baker said the City can do it. Shanklin asked if others would be allowed to tie on to the line. Vincent said they would come through the City Code for tie ons and must meet the requirements for tapping and so forth.

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

4.    Consider adopting a resolution changing the name of Wonderland Park to Verna Cook Park. Exhibits: Resolution No. 99-131;  Letter from Councilman Stanley Haywood; Map of Wonderland Park; Map of City Parks.

Haywood said Mrs. Cook was a very warm and inspiring person, active in the community, and provided volunteer service during the 1950's, 1960's and 1970's. He said she operated a teen club during those years and without that club, some of those teens may have ended up in trouble. Haywood said she fed and clothed the hungry, operated a local food bank and fed people during holiday seasons. He said she taught people conflict resolution and saw no color. Haywood said Ms. Cook helped raise him and she also helped send many kids to college.

MOVED by Haywood, SECOND by Smith, to adopt Resolution No. 99-131 to change the name of  Wonderland Park to Verna Cook Park. AYE: Smith, Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. MOTION CARRIED.

(Title only)    Resolution No. 99-131
A resolution renaming "Wonderland Park" located at SW 13th St. and Georgia to "Verna Cook Park".

5.    Consider adopting an ordinance amending Chapter 4, Lawton City Code, 1995, pertaining to the on-premise sale and consumption of alcoholic beverages in restaurants on City-owned lake property. Exhibits: Ordinance No. 99-38.

Vincent said at the October 26 Council meeting, City staff was directed to prepare an ordinance for Council consideration to allow the on-premise consumption of alcoholic beverages at the concessionaires if they had restaurants.

MOVED by Smith, SECOND by Haywood, to approve Ordinance No. 99-38, waive reading of the ordinance, read the title only.

(Title read by Clerk)    Ordinance No. 99-38
An ordinance relating to the on-premise sale and consumption of alcoholic beverages in restaurants on City-owned lake property, amending Chapter 4, Article 1, Section 109 and amending Chapter 4, Article 1, by adding Section 118, and providing for severability.

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

6.    Y2K Update for City Council. Exhibits: City Staff Emergency Operations Plan.

Mayor Powell said an update is provided in the packet and asked if there were specific questions. Williams said he was wanting as much assurance as possible that this City had done everything in its power to meet compliances and that there were contingencies in place and that people would be here that evening.

Doug Wells, Information Services Director, said he would provide that assurance. He said the Emergency Plan shows that staff members are scheduled to be on-duty that night, extra police, 911 operators, Public Works is making arrangements for stop signs, and we have done everything we know of that we could possibly do to be ready. Wells said we do not expect anything to happen and hoped no one would panic, but arrangements have been made in case something does happen.

Mayor Powell said most attended the President's Council Y2K presentation where everyone involved discussed this, including PSO, and everything was in place. He said one thing that came out of that meeting was the need for a simple number to call in case something went awry, so he discussed that with Baker and this will be the central place to call in case there are problems, and there will be people here to assist. Wells said they would use the City Attorney's conference room that night and there will be four or five people on hand with note books and all the numbers for contacts for the utilities, banks, hospitals, ambulance service, etc. so we can either answer or give a referral number.

7.    Consider recommending to the U.S. Census Bureau the locations of "Be Counted Sites" and "Questionnaire Assistance Centers". Exhibits: Explanation of Sites.

Bigham said the U.S. Census Bureau wanted the City's recommendation on the Be Counted Sites and Questionnaire Assistance Centers. He said the Be Counted Sites are places where forms are available for those who do not receive questionnaires; the Questionnaire Assistance Centers will have staff to assist people in filling out the questionnaires. Bigham said the committee recommended 12 sites that are listed in the agenda folder, and this is more than the Census Bureau will fund in the way of Questionnaire Assistance Centers so the recommendation is for those that are not funded to act as the Be Counted Sites. He said this would be the City's recommendation to the Census Bureau.

Mayor Powell said staff had worked very hard on this and there had been many meetings on it. He said in 1990, it is estimated that 33% of the population was not counted in Lawton-Fort Sill and that is a disgrace.

MOVED by Smith, SECOND by Haywood, to recommend the list of 12 sites to the Census Bureau for Questionnaire Assistance Centers or Be Counted Sites. AYE: Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams. NAY: None. MOTION CARRIED.

8.    Consider a Damage Claim filed by Council Member Stanley Haywood and take appropriate action. Exhibits: Claim of Council Member Haywood; Letter from Oklahoma Bar Association General Counsel, September 9, 1996.

Baker said Council Member Haywood is asking for recovery of attorney fees that he incurred as a result of a recent administrative hearing. He said the City Attorney, due to clear conflict of interest, cannot represent the City in this matter. Baker said the item is to consider reimbursing Councilman Haywood for those expenses, as there are three options. The options are to approve the claim, deny the claim, or employ an outside counsel to investigate. Baker said the City Attorney advised him that the cost of that outside counsel would probably be double the cost of the claim.

Shanklin asked where it said Council could make a recommendation for approval. Baker said the title states to take appropriate action so that would allow Council to either approve, deny or employ outside counsel to investigate, and if that is done, the outside counsel would investigate the matter and report back to Council like the City Attorney would normally do on a tort claim.

Shanklin asked why the City Attorney says he has a conflict of interest and if it was because he was employed by Council. Vincent said based on the letter issued by the General Counsel, a copy of which is in the packet, due to a similar situation involving Council person Maples, any time a Council person brings an action that might result in an adverse action to the City, he cannot represent the City.

Smith said whether or not he personally agreed with Haywood's actions, because of the action brought on by this Council, he did incur that expense and he believed the City should reimburse Haywood for that. Mayor Powell asked if that was a motion and Smith said yes.

MOVED by Smith, SECOND by Devine, to pay the claim.

Beller asked how the Council was responsible for the action that was taken and if we were asking to pay a claim because of action by the Council. Shanklin said he did not know it was an action by the Council, it was an action by an individual that was unnamed when the complaint was filed. Beller suggested the recourse be against the individual; he asked if the Council filed the claim. Mayor Powell said he did not know who filed the complaint. Beller said he did not either and was trying to ascertain the responsibility of the Council to pay the tort claim and asked what the Council did to inflict damages. Smith said he was not a lawyer but felt it was action taken against Haywood while performing his duty as a councilman and that was his perception, whether or not he agreed with his actions.

Beller asked if he could ask the City Attorney what the Council's responsibility was to pay the claim. Vincent said based on advice by the General Counsel of the Oklahoma Bar Association, and he hated to do this, but that he could not get into the merits of the claim one way or another.  

Purcell said he would vote to pay this for one reason; he said he did not think we ought to pay it but if we do not, it will cost the citizens more if we do not pay it. He said if we have to hire an outside counsel, or if it is denied and it goes to court and we have to hire an attorney, it will cost more than the $1,085 or whatever it is. He said he would support paying it, did not like paying it and did not think we ought to have to pay it, but it is cheaper for the citizens that we pay it.

Warren said he did not know it was cheaper for the citizens and that he did not know how Council could see its way clear to pay this. He said if it is paid, what would preclude him from providing himself with a private attorney from now on for every issue that comes to the Council and requesting payment for that service. He said this was not a legal action, he did not believe a judge was involved although he was not there and did not know that, and did not believe attorneys were involved, but if this was advice to an individual, he did not see how the Council could pay it.

Beller said when an individual files a tort claim, it is not uncommon for the individual to be told he has recourse in District Court. Vincent agreed that was correct. Beller said he would rather give Haywood the $1,000 than pay $2,000 for outside counsel but that he did not feel that the Council or City of Lawton was responsible because an individual filed a complaint against Haywood, as unwarranted as it may be, where does that make the citizens of Lawton responsible to pay this claim and that he could not see the responsibility based on that; if the Council would have said, let's do this to Mr. Haywood, he would say we owe him this and a lot more.

Warren said this is not a personal deal, and when he read it, he thought what would we do if this was an individual standing down there at that podium, and his feeling was that the Council would deny it. He said he cannot do anything different for Mr. Haywood than he could do for that person standing down there.
Shanklin said Haywood was elected to Council, as the others were, and that he was acting in good faith and it was challenged, it was challenged by our City Charter, probably that person sits here but we don't know that. He said he went through the process and it cost him $1,000, and that could happen to any one of them, and this is not the situation Warren was describing with a citizen or a councilman just hiring an attorney to make sure how he voted or whatever, that he did not understand that issue at all. Shanklin said as far as he was concerned, Haywood was exonerated and it cost him $1,000 and he had to support it and would like Council to support it.

Warren said he would like to know if Haywood was present when the committee met, or if his attorney was present. Beller asked the City Attorney if that was public information. Vincent said the Charter and ordinance state that Haywood can cause the release of the information upon written request to the Mayor and that he did not know if that had ever been done. Mayor Powell said that has not been done from Haywood and that he would not get into that.

Purcell said they were going in circles and the whole thing is that it will be cheaper for the citizens to pay the claim, no matter how any of them felt, than to do anything else because no matter what else is done, it will cost more. He said that is sometimes done on other claims where they think they should fight it but it will cost too much money and it is cheaper for the citizens to just settle the claim.

Smith asked for a call for the question.

Shanklin said he had been told all along that it would never, ever be known who turned that in and the City Attorney had told him that. Vincent said he said that and also said that once the investigation was completed and the committee had met and turned in its report, if the Council member was exonerated, the Council member can request that the Mayor release the information. Mayor Powell said he had not received the information so he had nothing to release.

Smith asked for a call for the question. Beller asked what that meant and Smith said to vote on the motion. Beller said you would vote on the question. Mayor Powell asked for a roll call on whether to call the question.

VOTE ON CALLING THE QUESTION: AYE: Purcell, Shanklin, Beller, Smith, Williams, Devine. NAY: Warren. ABSTAIN: Haywood. VOTE TO CALL THE QUESTION CARRIED.

Beller asked if debate ceased and a vote would be taken on the motion; consensus was that was correct.

VOTE ON MOTION TO PAY THE CLAIM: AYE: Shanklin, Beller, Smith, Williams, Devine, Purcell. NAY: Warren. ABSTAIN: Haywood. MOTION CARRIED.

(Title only)    Resolution No. 99-132
A resolution authorizing and directing the City Attorney to assist Stanley and Charlotte Haywood in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the amount of One Thousand Twenty-Five and No/100 Dollars ($1,025.00).
9.    Consider adopting an ordinance amending Chapter 5, Article 1, Section 5-120, Lawton City Code, 1995, relating to the care and treatment of animals, by adding death of a confined animal to the reasons for which the municipal judge may authorize seizure of an animal. Exhibits: Ordinance No. 99-39.

Vincent said the Animal Welfare Division requested the ordinance because they are requested to go into abandoned houses or look over the fence and find an animal that is sick, diseased or deceased, and they need the ability to recover that animal and take appropriate action.

Smith said this happened over the summer in his neighborhood where a family moved out and left two dogs and when Animal Welfare was contacted, they said legally there was nothing they could do other than cite the people who lived there for cruelty and no one lived there so the animals eventually died and the new tenants moving in had to remove those animals. Purcell said he had a case in his area where a dog had died in a back yard, and there were 10-12 dogs in the yard and house, and Animal Welfare basically could not do anything as the person was not home and they had to wait until 1 a.m. to get the animals when the person came home, so it is critical that they have some way to protect the animals and the neighborhood.

MOVED by Smith, SECOND by Devine, to approve Ordinance No. 99-39, waive reading of the ordinance, read the title only.

(Title read by Clerk)    Ordinance No. 99-39
An ordinance relating to animals, amending Section 5-120, Article 1, Chapter 5, Lawton City Code,  by adding death of a confirmed animal to the reasons for which the Municipal Judge may authorize seizure of an animal, and providing for an effective date.

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

10.    Consider adopting an ordinance amending the City Code Section 19-4-409, which will authorize employees or agents of the city acting in their official capacity to hunt birds in the City of Lawton under a permit issued by the Chief of Police and declare an emergency. Exhibits: Ordinance No. 99-40.

Ihler said the City currently has a bird depredation permit with the U.S. Fish and Wildlife Service to be able to control birds at the landfill to reduce the possibility of birds leaving the landfill and being involved in an aircraft strike. He said they were in the process of purchasing a gun to follow through with this permit and it was discovered that the Code does not allow for the gun to be shot at the landfill, so this process will allow staff to follow through with the depredation permit. Williams asked what kind of gun would be used and Ihler said a shotgun.

MOVED by Smith, SECOND by Haywood, to approve Ordinance No. 99-40, waive reading of the ordinance, read the title only, and declare an emergency.

(Title read by Clerk)    Ordinance No. 99-40
An ordinance relating to Recreation, amending Section 19-409, Chapter 19, Lawton City Code, 1995, allowing depredation of birds at the Landfill by City staff, and declaring an emergency.

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

CONSENT AGENDA:

11.    Consider a Resolution authorizing the installation of traffic control devices at the specified locations. Exhibits: Resolution No. 99-133; Excerpt of 10/21/99 draft Traffic Commission meeting minutes.

(Title only)    Resolution No. 99-133
A resolution authorizing the installation and/or removal of traffic control devices at certain designated locations within the City of Lawton, Oklahoma. Location: Install 25 mph speed limit sign at intersection of SW C Avenue and SW 17th Street.

12.    Consider denying a request for the installation of traffic control devices at the specified location. Exhibits: None. (see previous item) Action: Denial of request for traffic control at the intersection of NE 26th and Dearborn.

13.    Consider approving a grant of CDBG funds to Lawton Outreach Center Steering Committee to be used to fund start-up and organization efforts for the entity to pursue a federal grant from the United States Department of Justice for a "Weed and Seed" initiative in the City of Lawton. Exhibits: Grant Document; Grant Conditions.  Action: Approval of item which provides $6,840 to Lawton Outreach.

14.    Consider terminating the current agreement between the City of Lawton and Great Plains Improvement Foundation, Inc. pertaining to the development of the Lawton View Youth House and approve entering into a contract with the Housing Authority of the City of Lawton, allowing it to replace Great Plains Improvement Foundation, Inc. as the principal development agency for the Lawton View House Project. Exhibits: Letter from GPIF; Letter from The Housing Authority. Action: Approval of item.

ITEM 15 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

16.    Consider approving amendment to the lease agreement between the City of Lawton and Arts for All, Inc., regarding office space at Town Hall. Exhibits: Amendment. Action: Approval of item.

17.    Consider authorizing the Mayor and City Clerk to execute the Conditional Deed of Gift for the M101A1 Howitzer provided by the United States Army to the City of Lawton for display. Exhibits: Conditional Deed of Gift. Action: Approval of item.

18.    Consider accepting a water line for public dedication and an easement for public utilities at approximately 215 SE 8th Street. Exhibits: Location Map. Action: Approval of item.

19.    Consider acknowledging completion of the reconstruction of Flowermound Road from Gore Blvd. north to Rogers Lane as constructed by the City of Lawton Street Division. Exhibits: Memorandum dated October 25, 1999, from Street Division Superintendent. Action: Approval of item.

20.    Consider accepting Animal Shelter HVAC System Project 99-13 as constructed by United Mechanical, Inc. and placing the Maintenance Bond into effect. Exhibits: Map. Action: Approval of item.

21.    Consider accepting the sewer line serving the City-County Health Department and maintenance bond. Exhibits: Location Map. Action: Approval of item.

22.    Consider approving agreements for refuse disposal with the following entities, and authorize the Mayor and City Clerk to execute the Agreements: Town of Temple; Town of Geronimo. Exhibits: Agreements (On file with the City Clerk). Action: Approval of item.

23.    Consider adopting a resolution rescheduling the December 28, 1999, regular Council meeting to December 7, 1999. Exhibits: Resolution No. 99-134.

(Title only)    Resolution No. 99-134
A resolution rescheduling the second regularly scheduled Council meeting in December, 1999.

24.    Consider approving the following contract extensions: A) Radios (Mobile Equipment Only) with Lawton Communications; B) Uniform Violations Complaint Books with Colorgraphics "The Print Shop". Exhibits: None. Action: Approval of item.

25.    Consider rejecting bids for RAM-E-JEC Sludge Trailer. Exhibits: Bid Record Tabulation and Department Recommendation. Action: Approval of item.

26.    Consider approval of payroll for the period of November 1, through November 14, 1999.

Smith asked that Item 15 be considered separately.

MOVED by Shanklin, SECOND by Smith, for approval of the Consent Agenda items as recommended with the exception of Item 15. AYE: Warren, Smith, Williams, Devine, Purcell, Shanklin, Beller, Haywood. NAY: None. MOTION CARRIED.

15.    Consider authorizing funding for close out of the Minority Business Opportunity Center. Exhibits: Letter.

Baker said Mr. Veal and Mr. Milner advised him prior to the meeting tonight that they had received word from Stanfield & O'Dell that the accounting fees were actually $1,400 instead of $800, so $600 should be added to the total close out, which would bring it to $11,020.
MOVED by Haywood, SECOND by Smith, to approve the item in the amount of $11,020. AYE: Smith, Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. MOTION CARRIED.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.

Smith said there will be a Blood Drive on November 22 in the Library Meeting Rooms 1 and 2.

Purcell said there was an editorial that set forth an idea that the Council meet once a month as the Water Authority on a date separate from City Council meetings. He said if the election passes, there will be more and more water-related items. Purcell suggested the Water Authority could function on requests currently received by the Outside Water Sales Committee. He said he would bring it up further if there was any support.

Shanklin said he had asked Ms. Bagwell to clarify whether or not the Outside Water Sales Committee as it is known is legal as far as the Water Authority. Vincent said he and Ms. Bagwell discussed it this evening and the Outside Water Sales Committee was created by ordinance in the middle 1980's, was discontinued and then was reconstituted by minute action of the City Council in late 1987 or early 1988 and has been functioning since that time. Shanklin asked if that meant it was legal. Vincent said part of what it does is appropriate and part of what it does is not appropriate. Shanklin said it should then be abandoned. Beller said he would support abolishing the Outside Water Sales Committee and Purcell bringing back the necessary paperwork to do so.

BUSINESS ITEMS:

27.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the case styled City of Lawton v. MEGA Life & Health Ins., Case No. CJ-98-515, filed in the District Court of Comanche County, and take appropriate action in open session. Exhibits: None.

28.    Pursuant to Section 307B2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the negotiations for an Employment Agreement for FY 1999-2000 between the Fire Union, IAFF, Local 1882, and the City of Lawton, and take appropriate action in open session.  Exhibits: None.

29.    Pursuant to Section 307B1, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the continued employment of Bill Baker as City Manager, and in open session, consider approving an Employment Agreement with Bill Baker as City Manager and authorize the Mayor and City Clerk to execute the Agreement. Exhibits: None.
MOVED by Warren, SECOND by Smith, to convene in executive session to consider the items shown on the agenda and recommended by the legal staff. AYE: Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

The Mayor and Council convened in executive session at approximately 7:30 p.m. and reconvened in regular, open session at approximately 8:30 p.m. with roll call reflecting all members present.

Mayor Powell read the agenda item title for Item 27 as shown above. Vincent said this is a case where the City of Lawton filed a lawsuit against MEGA Life and Health Insurance and they have offered to settle the case in the amount of $50,000; City Attorney recommends accepting the settlement offer.

MOVED by Shanklin, SECOND by Williams, to accept the settlement offer in the MEGA case. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams, Devine. NAY: None. MOTION CARRIED.

Mayor Powell asked for Vincent to address Item 28. The following is a verbatim transcript of this portion of the meeting:

Vincent: Yes, sir. This is a discussion concerning the IAFF contract negotiations and the arbitration recently held. We had discussions in executive session. I understand they have a spokesperson.

Mayor: Yes, Mr. Brooks, if you would come forward, state your name, your address and your concern for the Council.

Brooks: My name's Gary Brooks, I live at 909 NW Dearborn. Mayor, members of the City Council, Mr. Manager, I'm Captain Brooks of the Lawton Fire Department. I'm here this evening representing the Lawton Firefighters asking you to accept the arbitrator's decision selecting the firefighters' offer as the last best offer submitted. As you can see, he had issues with both offers but his final decision is that the firefighters' offer was the best offer. Your attorneys may present their arguments on why they should have prevailed in arbitration, and their arguments should persuade you given they are facing no opposition in executive session. The arbitrator that you selected had the benefit of hearing all arguments for both offers and seeing all of the evidence. The negotiation process in Oklahoma provides for an independent arbitrator to make this decision. The City selected the arbitrator just as the firefighters did. So now tonight he made a good decision only because he didn't select your offer shows a lack of cooperation on behalf of the City.

Firefighters are required to accept this decision as final while the City has the option of forcing an election. I must remind you that you must spend money to hold an election, money you are not required to spend but may chose to do so. If you call an election you are also forcing your own firefighters to spend money competing in an election for what an (tape turned over at this point so a portion is missing) We've conducted ourselves in a professional manner at every turn. We've negotiated in good faith. You have one of the best fire departments in the State of Oklahoma, bar none. The members don't deserve the treatment that they've received in negotiations. I ask you to do what is right and fair and accept this decision and avoid an expensive and a decisive battle. Thank you.

Mayor: Thank you very much sir. Yes sir.

Beller: Are there questions? He just made a statement that concerns me. Can that be asked to be expanded on or should we not even discuss it. When he says they weren't treated, did I hear that, Mr. Brooks, Captain Brooks, you weren't treated properly in negotiations?

Brooks: I don't believe we were treated fairly in negotiations.

Beller: You mean during the discussion? I don't know what you mean. Should we be discussing this or should we not?

Vincent: It's up to you, sir.

Mayor: Is it legal or is it not legal?

Beller: That's my point.

Vincent: It's legal.

Beller: But I don't understand what he means when you say you weren't properly treated during this.

Brooks: There was no open discussion with the other side. The items were not presented in a manner in which discussion could occur. They presented them, if there was any attempt at discussion it was short, it was kind of brushed aside to let us present the rest of our proposals, it was always done in that fashion, there was no effective bargaining.

Vincent: If I may expand on that, sir.

Beller: Appreciate it.

Vincent: When we met the first day, I was not the chief negotiator this year as I have been in the past, but when we met the first day the union presented a list of concerns to the city and the city presented a list of concerns to the union. I think we discussed a couple of items that day but I'm not positive; the next day that we met, the city went over part of its items and outlined why we thought the changes were needed. We recessed, came back the next day, presented some more of our items, again we recessed, we came back the fourth day, which I believe was May the 14th, I'm not positive on that date and I was not present at that meeting. I was advised that we presented the remainder of our items and why we needed to negotiate on those items. The union made an offer to us, a dollar figure and offered to roll the contract. We said we were not prepared at that time and they presented a letter declaring that they were invoking the process and asked for another date and we chose not to give another date at that time. That was the sum total of negotiations, there was never any give and take so to speak.

Beller: There were no negotiations.

Vincent: No sir, we never, when we finished presenting the reasons that we wanted to negotiate the items that we presented, they gave us the letter declaring what we call invoking the process or requesting arbitration.

Brooks: In defense of that, we tried to get the city to meet with us more than two hours. During Mr. Schumpert's term as City Manager, the city at that time, because he was ill, asked that we only meet two hours at a time. When he was gone we assumed we'd continue meeting. All sessions were cut short. We asked them to continue to meet, they wouldn't. It's hard to meet in two hour blocks and get anything done, it's just very difficult.

Beller: That pretty much answers my question as to why, so in essence, we didn't negotiate. That's my question.

Shanklin: Are we still negotiating? Did Mr. (inaudible) negotiate with them?

Vincent: Only with the police, sir.

Shanklin: Only the police?

Vincent: Yes sir.

Brooks: At the end, at the end of the last session we asked to continue to meet. Mr. Vincent said, well, not at that session, but he told one of my members when they went to pick up one of the documents that the city's or his rule was that after we invoked the process the city wouldn't meet with us any further. We asked to continue meeting. I don't believe it's in good faith to refuse to meet. We asked to meet all the way up until the eleventh hour. We wanted to do whatever we could to get a deal.

Beller: Can I ask him? Were we not told something about that once this was invoked, this certain....

Vincent: They invoked the process...

Beller: Then did we, were we not told that ceases all negotiations?

Vincent: That's been the city policy since before I got here.

Beller: But just policy? We could have changed the policy?

Vincent: We could have changed the policy.

Beller: I guess that's my question.
Williams: Mayor, do we have opportunities to discuss out here on the floor this?

Mayor: I was told that we could.

Vincent: You can go up to the point of where we were talking about what we were talking about in there.

Brooks: If I may say, if that was the city's policy, I'd like to see where that was written. In prior negotiations in past years we went to arbitration in the 80's, we continued to meet. There were times when we met until midnight in 89.

Vincent: I'm not talking about the two hours, I'm talking about the policy on once you all call for the process.

Brooks: I'm talking about we invoked the process before and if that's a city policy, the way I understood it the quote was it was your rule.

Beller: Well, is it possible to still negotiate or is that over with?

Vincent: It's over with now, sir.

Mayor: There's no possible way to reopen that? Any way legally that you can reopen that?

Vincent: We could, our choices tonight are to either accept the arbitrator award or we can call for an election. That's the only two choices we have tonight. If we call for the election and you call direct it, we could go back and discuss things before an election and see if we could reach a settlement. That's been done in the past. Not in Lawton because, well, it was done in Lawton and that was in 1995 with the IUPA.

Mayor: So what I heard you say is that if Council chose to go the election route, then if there was an agreement between both parties that negotiations could be reopened? Is that what I heard?

Vincent: If both parties agree to it, yes.

Mayor: And that's what I said, both parties agree to it.

Vincent: Yes.

Mayor: That could happen legally?

Vincent: Legally. It would be a settlement is what it would be, but I mean it would be a settlement negotiation versus a contract negotiation.

Smith: If we came to an agreement prior to an election...

Mayor: The election would be off.
Vincent: We can call the election off.

Smith: If an agreement was palatable to both parties.

Vincent: Yes sir.

Williams: Well, let me ask you, what's, tell me again, John, the ten days, you, the city has ten days to respond to the arbitrator's ruling?

Vincent: We have ten days, the negotiating team has ten days within which to request that an election be called. That was done today to preserve the options of the council. The council now has ten days to either accept the award or call an election.

Williams: So you've got, so conceivably we could, I mean you've mentioned that we have two options this evening to either call for an election or accept the arbitrator's ruling, and if I understood you correctly then we have one more option which would be to table and work ten days on some kind of settlement agreement and if it wasn't achieved in that length of time then call a special election and take action, wouldn't that be a third option?

Vincent: I wouldn't read the statute that way. Your options right now are either to call the election or to accept the award of the arbitrator. If you chose to call the election that would create a window of opportunity for further negotiations, which have been done in Lawton and in other cities, but the way I read the statute you only have two options at this point in time.

Williams: But you said you've got ten days to do something, I mean, you know, why do it tonight? Why not ten days from now?

Vincent: The statute specifically says that you will either call an election or accept the arbitrator's award within ten days.

Williams: OK.

Vincent: That's all it says.

Beller: But negotiations are possible in this ten day window?

Vincent: No sir, I don't...

Beller: Without calling the....

Vincent: After you've called the election.

Beller: The time frame between now and calling the election, you can still, if there's a possibility of saying...

Vincent: After you've called the election, before the election is held.
Beller: There's a window of opportunity to get back with them?

Vincent: There's a window of opportunity because you've complied with the statute.

Beller: Well, we haven't got much choice tonight except to say let's call the election and then meet with the fire department.

Vincent: If that's your choice.

Shanklin: I make a motion that we accept the arbitration.

Williams: Second.

Beller: I'll second that, well, he did.

Vincent: That's a motion. I have a resolution so you would want to adopt the resolution, whatever the appropriate number would be.

Mayor: We have a motion on the floor to accept the arbitration. Is that what you said, Bob?

Shanklin: Yes sir.

Vincent: And approve the resolution.

Mayor: And approve the resolution. We had a second. Who made that? Mr. Williams?

Williams: Charles made it about the same time I did.

Mayor: Okay. Any discussion.

Williams: I'd only say Council, that, you know, I've always felt like if you go to the vote of the people for a particular item like this you drive a wedge between a department within the city and the citizens and the council. I think, there are opportunities out there in front of us and I'd like to see us go ahead and in good faith work with the motion that's on the floor right now.

Mayor: Okay. Mr. Purcell.

Purcell: I'd like to ask a question to the people who made the motion. Where are they proposing to get the $440,000 we talked about? I'd like to hear before we vote where we get the $440,000 for this year.

Shanklin: We found the money to give those pay raises to the general employees.

Purcell: I understand. Where are we going to find the $440,000 is my question? If someone can answer that for me...

Williams: I don't know that I can answer it this evening but I think...

Shanklin: How much did we have in there if we would have liked the arbitrator? How much would that have been? How much do we really have to find, Mr. Baker?

Vincent: $295,000.

Shanklin: How much?

Vincent: $295,000 in round numbers is the deficiency between the City's offer and the arbitration award.

Purcell: Where did the 440 come from?

Vincent: The 440 is the total cost.

Purcell: Oh, that's the total.

Vincent: That's the total.

Williams: Council, I think the City Manager, working with the Finance Director, can probably put their finger on some money so I'd like to see them come back and tell us exactly where to get it at.

Mayor: Is there any other discussion? Yes sir, Mr. Baker.

Baker: The only comment I had on funding is that it's not in the budget, it was not budgeted, we did include, in fact we did not include funds even for the offer that, our final offer to the bargaining unit. In order to get those funds we would have to go back and discount salaries, which the city has done in the past and basically that discounting is when you have vacancies throughout the year you do have some lapse funding but to identify this much money, I will get with the Finance Director, if that's council's desires, but I think we're looking at cutting other things out of the budget.

Mayor: Any other discussion? Last chance. Brenda, please." (end verbatim transcript)

VOTE ON MOTION: AYE: Shanklin, Beller, Haywood, Williams. NAY: Warren, Smith, Devine, Purcell. TIE VOTE. Mayor Powell voted yes, Motion Carried.

(Title only)    Resolution No. 99-135
A resolution adopting the award of the arbitration panel in FMCS #99-0628-13269-8 as the Employment Agreement by and between The City of Lawton and the International Association of Firefighters, Local 1882, for the Fiscal Year 1999-2000.

Mayor Powell said regarding Item 29, in executive session, there was discussion of the continued employment of the City Manager, Mr. Bill Baker. He said Council recognized the job Baker is doing and suggested a 5% pay raise be offered.

MOVED by Williams, SECOND by Smith, to continue Baker's employment with a 5% pay increase. AYE: Beller, Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.

Mayor Powell asked if there were any announcements by the Council.

Williams said even though he had a difference of opinion regarding the position of most people in the community this evening regarding the vote, he appreciated the fact that the citizens came out and voted and the positive campaign ran by Community of Unity, and he looked forward to the City being a more progressive place to live.

Smith said the Mayor, Pat Henry and Larry Patton worked tirelessly for this tax vote tonight and they are to be commended as is everyone who went out and voted.

Haywood said he wanted to thank the City Manager and Assistant City Manager for doing a wonderful job.

Mayor Powell said he wanted to thank the staff for what they did and Mr. Baker for putting this package together for the citizens and it was an affordable package. He thanked the Council for supporting this and being able to take it to the people, and it was almost a record turn out for an election of this kind. Mayor Powell said the media came front and center and did probably more than was expected and he thanked Pat Henry and Larry Patton.

Shanklin thanked the Mayor for his efforts and said he appreciated Pat Henry and Larry Patton and everyone who worked in it. He said it was a positive attitude and Council's actions tonight would carry that positive attitude on and that he had no regrets on his vote.

Purcell complimented the Mayor on the outstanding job he did and the time he spent on the election; he also complimented Pat Henry, Larry Patton, the City Manager and Assistant City Manager. He said this was the first time he knew of that the media got behind something and put out good, positive facts that the citizens needed and they are to be complimented and if that could be done in the future, whether the media agrees with us or disagrees with us, but just getting out the facts was a wonderful start in moving this community forward. Haywood asked if Purcell was speaking of the television. Purcell said all of the media, television, newspaper and radio stations, all working together.

Mayor Powell said the voters studied the issues, the media did a very good job of presenting the issues brought forward. He said there was never a threat from anyone as to what would happen if they did not pass this. He reiterated the appreciations expressed earlier.

There being no further business to consider, the meeting adjourned at 8:52 p.m. upon motion, second and roll call vote.