Month 1999-12 December


Meeting of 1999-12-7 Rescheduled Regular Meeting


MINUTES
RESCHEDULED REGULAR MEETING
LAWTON CITY COUNCIL
DECEMBER 7, 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 6:08 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 SPECIAL MEETING OF NOVEMBER 16 AND REGULAR MEETING OF NOVEMBER 23, 1999.

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

AUDIENCE PARTICIPATION: None.

BUSINESS ITEMS:

1.    Receive a presentation from the Lawton Industrial Foundation, consider the concept of a land swap, and direct staff to prepare necessary documents. Exhibits: None.

Marilyn Fever, President of Lawton-Fort Sill Chamber of Commerce and Industry, and Lawton Industrial Foundation, requested consideration of a land exchange between the City and the Lawton Industrial Foundation to accommodate the expansion of Cosmetic Specialty Labs, a local industry. Fever narrated a power point presentation given by Keith Bridges in this regard.

Fever said Edna Hennessee, owner of Cosmetic Specialty Labs (CSL), is present. Hennessee has owned and operated a business in the Lawton area for the last 56 years and founded CSL in 1970. CSL and Dream Valley Farms employment ranges from 125 to 150 employees; Dream Valley Farms produces the aloe vera plants for production of the product manufactured at CSL. The operation uses a manufacturing facility of over 100,000 square feet. CSL is a significant industry in this community with an annual payroll of around $2.5 million, with a total economic impact of around $8 million. CSL is one of the world's largest private label manufacturers of aloe vera based cosmetics and other related products. The company uses raw materials from aloe vera plants to make health, hair and skin care products for clients who wish to enter the cosmetic industry. CSL offers a full, turnkey program for its clients ranging from product development, packaging and marketing, and has developed formulas for over 6,000 clients in all 50 states and 30 foreign countries. Many individual, open stock items developed by CSL are also available to clients for wholesale or retail sales and this is where this request comes in. CSL would like to expand its operation to include a fulfillment center which would allow for an additional 30 employees, at a minimum. CSL manufactures and labels the products and ships them to clients who, in turn, ship them to their customers. The fulfillment center would actually be a warehouse facility which would allow CSL to ship directly to their clients' customers. The facility needs to be built very close to the production area of the plant.

Fever pointed to a slide identifying the property owned by CSL, as well as a vacant area, and another 3.95 acres owned by CSL. She said the best location for this center is the property that is in between these two properties on Texas Avenue; the City of Lawton owns the tract of land and the Lawton Industrial Foundation (LIF) currently holds a lease on the land for 66 years which is vacant. Mrs. Hennessee wishes to own the property on which she will build her new facility, otherwise, LIF would be able to just transfer the lease directly to her.

Fever proposed that LIF purchase the property immediately to the west of the southern portion of the City owned tract (on Bishop Road) and transfer title to the City, and this location was pointed out on the slide. The City would give LIF title to the property that Mrs. Hennessee desires on Texas Avenue, which is approximately 4.2 acres and LIF would convey that property to her in exchange for the creation of jobs. She said the City would end up owning the exact same amount of land in one contiguous tract, only with an east-west orientation, rather than a north-south orientation, and CSL would obtain the property they need to expand.

Fever said this project will support an industry which has provided jobs for our citizens for nearly three decades in our own community. She said supporting established business and industry is something that deserves more attention at the Chamber and they are trying to address that need.

Beller asked if the ten acres to the west of the proposed swap is what is currently leased to the Chamber. Fever said the approximately ten acres that is leased to the Chamber runs north and south from Texas to Bishop, and they are leasing the property known as the old Haggar building, but the property west of that belongs to the Laura Fields Trust. Fever said they are talking about an exchange of approximately four and a quarter acres; the land that runs from the building to the corner on 6th Street is about nine acres.

Beller asked what this would do to the lease agreement. Vincent said it would have to be amended to include different property descriptions and it would not affect the lease term. Beller asked the value of the land involved and if it would require a vote. Vincent said we have a $50,000 benchmark, however, it can be approved by the Council by ordinance and lease amendment, and if the property is valued at $50,000 or more an estimate would be needed, but Fever indicated they were willing to purchase the Laura Fields Trust property and this is significantly less than $50,000.

Purcell asked if the City would own the ten acres going from the old Haggar plant to the west. Fever said the City would own the tract the building is currently sitting on plus the additional four and a quarter acres, for a total of approximately nine and a half acres. Purcell asked if that is the land that is currently leased and Fever said yes.

Haywood asked if this is only in consideration of Mrs. Hennessee's request tonight and Fever said yes.

Beller commended the Vo Tech and Keith Bridges for a nice presentation.

MOVED by Beller, SECOND by Purcell, that staff prepare the necessary documents to effect the exchange.

Mayor Powell asked if anyone was present to speak in regard to this issue. Haywood said Mrs. Steele was considering speaking but this is not pertaining to leasing this land to the Comanche County Commissioners so that issue did not need to be addressed at this time.

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

2.    Consider an amendment to the lease agreement between the City and the Percussive Arts Society that will allow for the expansion of the Society's offices, museum and parking lot. Exhibits: Letter of Request; Site Maps; Aerial Photograph and New Legal Description; Lease Amendment.

Gary Salva, Parks & Recreation Director, said the Percussive Arts Society has requested an amendment to the lease to allow for an expansion. He said this concept has been discussed since 1996 and it went before the Parks & Recreation Commission in September. The Commission voted unanimously to recommend approval of the amendment to the lease, and discussed the fact that the request for the additional 30 feet to the west and north will have an insignificant impact, if any at all, on any present or future development in Elmer Thomas Park. He said Randy Eyles is present and has a brief power point presentation.

Randy Eyles, Percussive Arts Society, gave a power point presentation showing existing facilities and expansion plans. He pointed out that the parking would have a circular entrance to make it safer and easier to use; two school buses have backed into a retaining wall in this area so the improvement is needed. Plans for four phases of expansion were shown in the presentation. Salva pointed out that funding for the next phase of the expansion is in place due to a grant from the McMahon Foundation.

MOVED by Williams, SECOND by Smith, to amend the lease agreement granting permission for the expansion. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams, Devine. NAY: None. MOTION CARRIED.

Shanklin asked if 6th Street was being closed and if a curb would be in place at 6th and Ferris to the south of the bike path. Salva said the parking lot used for the jogging trail will be removed and there will be no entrance, other than for emergency vehicles, at 6th Street; the entrance that currently exists where you can drive all the way to the Museum and circle and come back will no longer be there. Shanklin asked if you could go in and make a left hand turn on the parking that runs east and west just north of Ferris. Salva said yes. Shanklin asked if you could come in on 6th Street at that location and Salva said yes. Salva said there was a concern about the need for emergency and trash collection vehicles to be able to go on the east side and behind the Museum, and we are thinking about creating a new way to the back of the Museum going behind the Auditorium; the road that runs parallel to Ferris can be entered but traffic cannot go straight to the Museum like it can now.

3.    Consider approving changes to the existing First-Time Homebuyer Program administered by the Housing and Community Development Department (HCDD) and funded with Home Investment Partnerships (HOME) Program funds. Exhibits: Proposed Program.

Frank Pondrom, Housing and Community Development Director, said the existing program is shown on a slide and contains a two phase process where homeowners are selected, they go out and pick out a home, and all the steps are outlined on the slide, but the second phase shows where after the closing they go to the phase where we fixed up the house. He said that added some additional time and the real disservice they had been doing to their clients was that the clients were paying rent and after having bought the house, they could not move in for another 45 days where they fixed up the house, so they were paying rent and became like the rest of us who are paying the mortgage, so they were paying rent and a mortgage, which became a real hardship.

Pondrom said as shown by the little cartoon, the staff worked with the first time homebuyer, working with contractors, lawyers, realtors and bankers, in their responsibilities, and this often took an inordinate amount of time from the time the people's names were first drawn out of the hat and they were ranked according to when we would get to them. He said we just have enough staff and contractors to do about five at a time so people's hopes were built up and then they had to wait and wait and wait, and this project drew out for at least six months and did not finish for about another six months to spend all the funds.

Pondrom said what they were proposing, to cut down on some of the activities, instead of involving the first time homebuyer with purchasing property, we are proposing to begin the search for houses and have the staff do everything, working with contractors and get a number of houses all ready so they can be brought to the City Council and at that time ask people to go out and look and have a house all ready for them. If they want to be a first time homebuyer, then we will have the drawing and then all they have to do is go out and find a bank to work with to buy that particular house. He said this should cut the leg work and the hoops and hurdles that have to be overcome by the homebuyer in half.

Pondrom said the Zoe Need Program is starting a new construction program, and to fund that, there is a HUD regulation that we need to avoid undue concentration when building new construction. He said we have not done new construction of houses with HUD funds in a long time in Lawton, and in order to avoid undue concentration, we plan, with Council approval, to purchase up to ten vacant lots where we can also have new construction on vacant lots outside of Lawton View, therefore providing a choice and addressing the issue of undue concentration that is contained in the regulations.

Pondrom said $524,109 in HOME funds have been identified and a large portion, $350,000 will be available if Agenda Item 4 is approved canceling the agreement with the Comanche County Home Finance Agency. He said we intend to use $60,000 to purchase in-fill lots to give people a choice if they want to live outside of the Lawton View area to have a new construction site. Also, it is planned to purchase 10 to 15 houses at around $275,000 and rehabilitate them for $180,000, and when the first time homebuyer picks the house, go to the closing and provide $9,190 or $10,000 that would be available to buy down the cost of the house so it would be affordable and they would agree to live in the house for five years.

Pondrom said once we purchase and rehabilitate the houses and the first time homebuyer finds a banker that will allow the purchase, that money will come back into the program and be used for the Zoe Need Program in the Lawton View area for the new construction that is going on there. He said in discussions with Pastor Moyd, we are currently talking with them and they are rewriting their program description on new construction activities to include the undue concentration requirements and in January a program description will be provided, which includes some funding, approximately $100,000, by canceling the small business revolving loan fund and making those funds available for Lawton View so we will be able to provide housing throughout the community and support new construction of housing in Lawton View.

Shanklin asked if this had anything to do with Items 11 and 12 on the Consent Agenda. Pondrom said not directly; the Zoe Need Program is a Community Housing Development Organization and we have funded them $50,000 to pay for the development costs that will be involved. Pondrom said he was wrong and it has nothing to do with that.

Smith said he thought this was an excellent idea and that he had dealt with some citizens who had been involved in the first time homebuyer program. He said those people have been going through nightmares on getting contractors to finish and have been having to live in houses that have on-going problems and legal actions. Smith said he thought it was a better idea to get the houses, get them fixed up and eliminate that problem and do it in a turn-key program where the house is ready to go.

Shanklin said we have a letter from Jere Barnthouse and asked if that was germane to this issue. Pondrom said BancFirst is a partner of Zoe Need in the new construction and the letter was in support of making CDBG and HOME funds available to support the Zoe Need Program project that will be brought to Council in January.

Williams asked Pondrom if the City would purchase and remodel houses and then make them available under this program. Pondrom said yes, and in addition, buy seven to ten lots to use for new construction to meet the HUD requirements on undue concentration. Pondrom said we feel this will give some relief to the first time homebuyers who sign onto the program because we build up a lot of expectation and then people have to wait six to nine months. Williams said he could see a need to improve that process but was not totally convinced we should be going out and buying houses and remodeling them, as opposed to the buyer or owner doing it.

Mayor Powell asked if other cities had tried this. Pondrom said he was not aware of one that was operating similar to this; others have done the model that we have been doing. Pondrom said there is a lot of latitude in the program as long as federal regulations are met.

Baker said these changes will eliminate a lot of the problems we have had in the past. He said the system has been very cumbersome and difficult for the prospective homeowner and has placed staff in the middle of a lot of disagreements that we really were not legally involved in, but may be morally. Baker said he felt this would be an improvement. Baker asked if Council approves the changes and we find the program is not effective, can it be changed. Pondrom said yes, nothing in the application spells out the procedures except for administrative matters and Davis-Bacon and other things we must do anyway; we have the flexibility to change it if it is not working.

Shanklin said Barnthouse's letter referred to vacant lots and those would have to be maintained and mowed, and he was talking about building new houses rather than remodeling. Pondrom said that letter was in reference to the Zoe Need Program in Lawton View, which is a separate program.

Shanklin asked if we were going to buy a house, remodel it and put a first time homebuyer in it and Pondrom said yes.

MOVED by Smith, SECOND by Warren, to approve the proposed changes to the First Time Homebuyer Program administered by the Housing and Community Development Department and funded with HOME Program funds.

Williams said he would vote no from the standpoint that we seem to be trying to circumvent the process and he was not sure we had done everything possible to correct the deficiencies that had brought us to this point, as opposed to changing to this plan of action.

Shanklin said we are going to spend $180,000 on 15 houses, which is $10,000 to $12,000 per unit, and that is also buying 15 houses at less than $20,000 and putting $12,000 in them. He said if you had been in that business, you would know what you were talking about but he did not think this would work. Pondrom said it might not work, but we are going to give it a try and attempt to have a better product than we have had, and if it does not work, we will try something different until we find something that works.
Smith said this is just rerouting what they are already doing; we are doing everything up front and then getting the buyer financed and turning the house over to them instead of selling them a house and then going through all the other steps.

Warren said we would not be doing anything different other than the order in which things were done. He said we may be able to produce a better product because we will not be spending our time fighting with the first time homebuyer about what they can and cannot do, because they will walk into a list of houses and go out there and find a house they want as is when they walk in; they will not request new linoleum in the bathroom or other items; when they walk in the door, that is the way the house will be and that may be an advantage.

Purcell said it would not appear to cost any more money to do it this way, but the money will be in a different manner. He said it is all coming out of HOME funds and that is the purpose of it. Purcell said if it does not work and causes more problems, it can be reversed at a later date.

Shanklin asked if we had been remodeling houses for $12,000. Pondrom said the average has been about $15,000.

Beller said Pondrom mentioned Davis-Bacon and asked if that would have to come in as far as what you would have to pay for labor to do this. Pondrom said Davis-Bacon only counts if you do eight houses at a time and we will handle them one at a time which will not require Davis-Bacon. Beller said Pondrom mentioned it and said we had to use it. Pondrom said he used that to scare people and that Davis-Bacon is sort of the worst thing the federal government was doing to the cities but there are other regulations, such as the Uniform Relocation Act. Beller said his point was we were not paying $20 to $30 an hour now and Pondrom said Davis-Bacon would not apply.

Haywood said the current program has four steps and the changed program only has two. Pondrom said that is basically it and they had tried to simplify it.

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

4.    Consider authorizing the termination of the current agreement between the Comanche County Housing Finance Authority (CCHFA) and the City of Lawton and authorize the Director of Housing and Community Development to redirect the use of FFY 94 and FFY 95 funds. Exhibits: Agreement.

Jim Phillips, Housing and Community Development Department, said funds were set aside in a cooperative agreement with CCHFA and the City in 1997. The funds were to be used in a joint effort to fund first time homebuyers and give an opportunity for low income persons to get into home ownership. He said the paperwork involved makes this process impossible to follow and representatives of CCHFA have no problem terminating the agreement and allowing the funds to be redirected.

MOVED by Haywood, SECOND by Warren, to authorize the Mayor and City Clerk to execute the necessary documents to terminate the agreement between the Comanche County Housing Finance Authority and the City of Lawton and authorize the reprogramming of the funds in question to be used in conjunction with other HOME funds programmed for the First Time Homebuyer Assistance Program. AYE: Beller, Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.

5.    Consider adopting a resolution setting the date for the 2000 municipal election, designating offices to be elected. Exhibits: Resolution No. 99-142.

Vincent said the upcoming municipal election needs to be held on March 14, by Charter. He said 60 days' notice is required by the Election Board and the resolution must be passed no later than January 13. Vincent said the resolution sets the election for Wards 6, 7 and 8.

MOVED by Smith, SECOND by Devine, to approve Resolution No. 99-142.

Shanklin asked if we are restricted to these three wards. Vincent said these are the three wards that are up for the next election for a three-year term. Shanklin said we know there has been an activity today that may cause another election and asked if this would preclude that from going on here. Vincent said no, we can do another resolution by the first meeting in January to make that deadline if we get the signatures verified.

Purcell said the wording shows the filing period to be February 15 to 17, 2000, and 8 a.m. to 5 p.m. each day. He asked if someone walks in the County Election Board at 5:01 p.m. on February 17, would they be eligible to file. Vincent said no.

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

(Title only)    Resolution No. 99-142
A resolution of the Council of the City of Lawton, Oklahoma, calling for and setting the dates for the municipal election to be held during the year 2000 as provided in the City Charter; specifying the officers to be elected; providing for qualifications of candidates; designating nonpartisan election; providing for residency requirements; providing that Precinct 42 not be opened; directing that a copy of this resolution be forwarded to the Secretary of the Comanche County Election Board as required by State law; and directing that this resolution be published in full in a newspaper of general circulation within the City.

ADDENDUM ITEMS:

1.    Consider adopting an ordinance establishing standards for a non-exclusive cablevision franchise within the City, providing methods for selection of grantees, and other terms and conditions relating to a cablevision franchise. Exhibits: Ordinance No. 99-41 to be distributed under separate cover.

Vincent said we were contacted last Thursday with the desire of the cable operator in Lawton, Lawton Cablevision, Inc., that they would like to go to a franchise election on February 8. He said action is required 60 days in advance of the proposed election date to get the paperwork to the County Election Board, and the next agenda item is the resolution and ballot title calling the election if the ordinance is approved.

Vincent said this will be a general cable television franchise type ordinance; this is a non-exclusive situation so any other cable company that desires a franchise will have to meet these conditions. He said some minor changes are needed to the ordinance and he stated those as follows: Page 4, Section 10-1104, Subsection a, amend the last sentence to say that "no building, as defined by Chapter 1, Section 1-102, Subsection 4 of the Lawton City Code, 1995, or any tower that requires a building permit under the Lawton City Code may be constructed in the public right-of-way or easement as defined herein." On Section 10-1105, Subsection a, the second line, the first words are "a reasonable time"; proposed change is "a two-year period" so it would read "for existing systems the franchisee shall be allowed a two-year period to rebuild the system in compliance with the terms of this article." On Page 5, subparagraph 4, beginning with "franchisee shall further be permitted", recommend eliminating that whole paragraph and renumber the following paragraph from five to four. On Page 6, subparagraph 6, beginning with "franchisee may cut or trim trees and vegetation"; recommend changing to state "franchisee will cut or trim trees and vegetation."

Vincent thanked his staff for working long amounts of overtime to get this done. Smith asked if they were on salary and Vincent said yes. Smith asked if the cable operator was aware of these changes and Vincent said yes and he had not indicated disagreement.

Beller said the bottom of Page 12 talks about the insurance will not be canceled and asked how the City could control what his insurance company might do. Vincent said cancellation would require a 30-day notice and then they have to get other insurance to remain in compliance with the franchise agreement; we are not saying it cannot be canceled but we must have notice of the cancellation 30 days in advance and it is a usual requirement for those who operate in the easements and right-of-ways. Beller said Mr. Drewry had answered another question earlier as far as new housing developments receiving service and if there are 25 units in a development, they would be served and that is standard for the industry.

MOVED by Smith, SECOND by Haywood, to approve Ordinance No. 99-41.

(Title read by Clerk)    Ordinance No. 99-41
An ordinance relating to cable services and cable systems, enacting a new ordinance amending Chapter 10, Lawton City Code, 1995, by adding a new Article 11, Lawton Cable Services and Cable Systems Franchises, providing for non-exclusive franchises in the City of Lawton for the purpose of the operation of cable services and cable systems and related services, requiring approval of any franchise for cable services and cable systems by a majority of the registered, qualified voters of the City voting at an election to be held for such purposes as provided by law, providing for an effective date, severability and codification.

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

2.    Consider approving a resolution authorizing and calling for an election in the City of Lawton, State of Oklahoma, for the purpose of submitting to the registered qualified electors of said City the question of approving a nonexclusive cable television franchise for the Lawton Cablevision Company, Inc., on February 8, 2000, and setting a ballot title and authorize the Mayor to issue an election proclamation. Exhibits: Resolution No. 99-143 and Proclamation.

Vincent offered to answer questions and there were none.

MOVED by Purcell, SECOND by Warren, to approve Resolution No. 99-143. AYE: Smith, Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. MOTION CARRIED.

(Title only)    Resolution No. 99-143
A resolution calling for an election and setting ballot title on a Cable Television Franchise for the Lawton Cablevision Company, Inc., in the City of Lawton, Oklahoma.

CONSENT AGENDA:

6.    Consider the following damage claims recommended for approval and consider passage of any resolutions authorizing the City Attorney to file a friendly suit for claims which are over $400.00: Edith Bott; Joyce J. Burton; Bradley and Barbara Hobson; and Mark A. and Angie M. Moore. Exhibits: Legal Opinions/Recommendations. (Resolution No. 99-144 on file in City Clerk's Office) Bott - $200.00; Burton - $180.00; Moore - $108.00.

(Title only)    Resolution No. 99-144
A resolution authorizing and directing the City Attorney to assist Bradley and Barbara Hobson 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 Five Hundred Six and 16/100 Dollars ($506.16).

7.    Consider the following damage claims recommended for denial: Stanley K. and Rose M. Barrientez; Edward F. and Bobbette L. Givens; Billy and Connie Hicks; and Lorenzo Spencer. Exhibits: Legal Opinions/Recommendations. Action: Denial of claims.

8.    Consider adopting a resolution ratifying the action of the City Attorney in filing and making payment of the judgment in the Workers' Compensation case of Joanne Haynes in the Workers' Compensation Court, Case No. 99-8334X. Exhibits: Resolution No. 99-145.

(Title only)    Resolution No. 99-145
A resolution ratifying the actions of the City Attorney in making payment of the judgment in the Workers' Compensation case of Joanne Haynes for the amount of Sixteen Thousand Fourteen Dollars and no cents ($16,014.00), per order of the Workers' Compensation Court, and filing a foreign judgment in the District Court of Comanche County for purposes of placing said judgment on the tax rolls.

9.    Consider approving a Retainer Agreement designating Susan Zwaan as an alternate special prosecutor in Municipal Court and authorize the Mayor and City Clerk to execute the Agreement. Exhibits: Agreement. Action: Approval of agreement.

10.    Consider an amendment to a contract between the City of Lawton (Lender) and Carl Moore (Borrower) of 514 NE Carver Street, allowing the homeowner to refinance the home and use earned equity to make needed repairs to the detached garage roof. Exhibits: Letter of Request; Mortgage Amendment. Action: Approval of amendment to contract.

11.    Consider entering into an operating agreement between the City of Lawton and ZOE N.E.E.D. Program, a local Community Housing Development Organization (CHDO) to produce a unit of "affordable housing" for a qualified low-income First-Time Homebuyer. Exhibits: None. (Agreement on file in City Clerk's Office) Action: Approval of agreement.

12.    Consider entering into an operating agreement between the City of Lawton and Great Plains Improvement Foundation, Inc., a local Community Housing Development Organization (CHDO) to produce a unit of "affordable housing" for a qualified low-income First-Time Homebuyer. Exhibits: None. (Agreement on file in City Clerk's Office) Action: Approval of agreement.

13.    Consider approving Releases of Mortgage on residential properties belonging to Mary L. Dunning A/K/A Mary L. Winham, and Pat A. Hughes of Lawton, Oklahoma, and authorize execution of the Releases of Mortgage.  Exhibits: None. Action: Approval of item.

14.    Consider approving the lease agreement between the City of Lawton and the Marie Detty Youth and Family Services Center, Inc. (Midway). Exhibits: Lease Agreement. Action: Approval of lease agreement.

ITEM 15 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

16.    Consider accepting the Municipal Pool Building Re-Roofing Project #99-20 as constructed by Brox Industries, Inc. and placing the Maintenance Bond into effect. Exhibits: Map. Action: Accept the project and place the maintenance bond into effect.

ITEM 17 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

18.    Consider awarding contract for Degreaser. Exhibits: Recommendation; Abstract. Action: Awarded to Daveco Industrial, Lawton, OK.

19.    Consider awarding contract for Flush Truck Hose Parts. Exhibits: Rec.; Abstract. Action: Awarded to Sewer Equipment Company of America, Glenview, IL for Items 2 and 4; and to RGA-Mid State Rubber, Oklahoma City, OK for Items 1, 3 and 5.

20.    Consider appointments to boards and commissions. Exhibits: Memorandum.
Lawton Arts & Humanities Council: Maria Pilar, Term: 12/7/99 to 6/30/2000
Steve Phillips, Term: 12/7/99 to 6/30/2001

21.    Consider approval of payroll for the period of November 29 through December 12, 1999.

MOVED by Smith, SECOND by Haywood, to approve the Consent Agenda items as recommended with the exception of Items 15 and 17. AYE: Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

15.    Consider rejecting bids for the Fire Department Administration Building Project #99-3. Exhibits: Location Map; Bid Tab.

Shanklin said this is for the property purchased from Ms. Graham and the cost is $280,000. He asked why the work could not be done in-house. Baker said that is an option that has been discussed and it could be done, although it would take an extended period of time.

Baker said the costs here are excessive; the purchase price for the building was $150,000, and if we put another $300,000 in it, the costs would be approaching $500,000, so the staff recommendation is to reject the bid. He said we do feel we should retain the building, and one of the factors here is that construction costs are extremely high due to last spring's tornadoes. Shanklin suggested the work be done in-house and said it did not have to be a state of the art facility. Baker said much of the work requires licensed mechanical contractors and electricians, some of it will be carpentry work, but the project has grown and we had an architect do the design, and originally thought we could get into the building for $100,000 but there is no way we can contract it out, and they would look at in-house work.

MOVED by Shanklin, SECOND by Smith, to reject bids on Item 15. AYE: Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams. NAY: None. MOTION CARRIED.

17.    Consider awarding a construction contract for the Requirements Contract for Boring and Encasement Project 99-11 SSES to Dobbs Washita Construction, Inc., in the amount of $56,328. Exhibits: Bid Tabulation.

Shanklin asked if this was for the sanitary sewer rehabilitation project. Baker said yes. Shanklin asked if we had not bought $2 or $3 million in equipment and did not get some that could do $56,000 worth of work. Baker said we bought pipe bursting equipment. Shanklin said we also bought new pickups and other equipment. Baker said this will be specialized boring that we do not have the capability of doing. Mike Shaw, Assistant Public Works Director, said this would be A requirements type contract with a per foot charge depending on the pipe size.

MOVED by Shanklin, SECOND by Haywood, to approve Item 17. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams, Devine. NAY: None. MOTION CARRIED.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.

Smith asked that anyone considering adoption of a pet during the holidays to please consider adopting a pet from the Animal Shelter.

Purcell asked the City Manager to have a lip built on the Council table and said it should not cost $25,000. Baker said he would give that some priority because several members had asked that it be done.

Devine said he would like the audio system fixed in the Council Chambers. He said he had talked about this with Mr. Drewry who said the problems do not lie within his equipment.

Baker said he passed out invitations from the Fire Department to each member to attend a meeting at 10 a.m. on December 10 and they would like to treat Council to a barbeque lunch after the meeting. He said he needed to know by close of business tomorrow those members who planned to attend. Smith said this meeting dealt with fire marshals state-wide and could address questions regarding those persons being armed while doing investigations.

BUSINESS ITEMS:

22.    Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss negotiations for an Employment Agreement for FY 1999-2000 between IUPA, Local 24, and the City of Lawton, and take appropriate action in open session. Exhibits: None.

23.    Pursuant to Section 307B.2, 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.

24.    Pursuant to Title 25, Oklahoma Statutes, Section 307(B)(4), consider convening in executive session for purposes of conferring with the City Attorney regarding a pending claim or action resulting from the reconsideration of the award of the arbitrator in FMCS Case No. 99-0628-13269-8 between the IAFF, Local 1882, and the City of Lawton and other related matters; take appropriate action as necessary in open session. Exhibits: None.

25.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the collection action against Evans & Associates, Inc., and take appropriate action in open session. Exhibits: None.

Addendum Item: 3.  Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss pending claims, and in open session consider approving a professional services agreement between the City of Lawton and Southwest Claims, Inc. Exhibits: None. (Agreement on file in City Attorney's Office)

MOVED by Smith, SECOND by Williams, to convene in executive session to consider the items shown on the agenda and recommended by legal staff. AYE: Shanklin, Beller, Haywood, Warren, Smith, Williams, Devine, Purcell. NAY: None. MOTION CARRIED.
The Mayor and Council convened in executive session at approximately 7:08 p.m. and reconvened in open session at approximately 7:50 p.m. with roll call reflecting all members present.

Vincent reported on Item 22 that the Mayor and Council met in executive session under Section 307B.2, Title 25, Oklahoma Statutes, to consider negotiations for an Employment Agreement for FY 1999-2000 between IUPA, Local 24, and the City of Lawton.

MOVED by Smith, SECOND by Purcell, to accept the agreement and have the Mayor and Union sign it at this time. AYE: Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

Mayor Powell and Union President Robbie Edmonson signed the employment agreement at this time.

Vincent reported on Item 23 that the Mayor and Council met in executive session under Section 307B.2, Title 25, Oklahoma Statutes, to discuss the negotiations for a FY99-2000 contract with the fire union, IAFF Local 1882, and no action is needed at this time.

Vincent reported on Item 24 that the Mayor and Council met in executive session under Title 25, Oklahoma Statutes, Section 307(B)(4), to discuss pending claims or litigation under FMCS Case No. 99-0628-13269-8, and no action is needed at this time.

Vincent reported on Item 25 that the Mayor and Council met in executive session under Section 307B.4, Title 25, Oklahoma Statutes, to discuss the claim by the City against Evans & Associates, Inc. He recommended a motion to accept the settlement offer.

MOVED by Williams, SECOND by Devine, to accept the settlement offer in Item 25. AYE: Warren, Smith, Williams, Devine, Purcell, Shanklin, Beller, Haywood. NAY: None. MOTION CARRIED.

Vincent reported on Addendum Item 3, the Mayor and Council met in executive session under Section 307B.4, Title 25, Oklahoma Statutes, to discuss pending claims against the City as a result of the paint over spray situation earlier this year. Vincent recommended authorizing the City to enter into an agreement with Southwest Claims for adjustment services.

MOVED by Smith, SECOND by Williams, to enter into an agreement with Southwest Claims for adjustment services. AYE: Smith, Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. MOTION CARRIED.

BUSINESS ITEMS:

26.    Consider adopting a resolution for the purpose of choosing a collective bargaining agreement between the City of Lawton and the International Association of Firefighters, Local 1882, for fiscal year 1999-2000, at a special election to be held on January 11, 2000, setting the ballot title therefore and if the Firefighters proposal is approved by the electorate, setting the ballot title on a proposition revising the excise (sales) tax provisions. Exhibits: None. (To be distributed at a later date.)

Vincent said Council rejected the Arbitrator's Award in FMCS 99-0628-13269-8 and called a special election for January 11. He said that resolution stated that a ballot title would be brought back to the Council at a later date and it needs to be acted upon at this time. Vincent said that information was provided to Council and he recommended approval with one minor change on Page 2, under Proposition 1, eliminate the word "requires" and insert the word "provides".

MOVED by Smith, SECOND by Warren, to approve Resolution No. 99-146 as recommended by the City  Attorney. AYE: Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

(Title only)    Resolution No. 99-146
A resolution setting the ballot propositions for a special election on the adoption of an employment agreement by and between the City of Lawton and the International Association of Firefighters, Local 1882, for the fiscal year 1999-2000.

27.    Consider adopting an ordinance amending Section 10-206, Chapter 10, Lawton City Code, 1995, increasing the amount of sales tax levied from Two Percent (2%) to Two and One Hundred Sixty-five Thousandths Percent (2.165%), said tax to be collected on and after April 1, 2000, to provide revenues for financing the costs, on a fiscal year basis, of the general operations and functions of the municipal government of the city. Exhibits: Ordinance No. 99-42.

Vincent said one of the considerations in the resolution is that a funding source needed to be identified to fund the firefighters' contract, if it is approved by the voters. He said staff has had numerous meetings on this and determined that it would be necessary to increase the permanent sales tax of the City of Lawton by .165%, so instead of being a 2% permanent sales tax, it would be a sales tax of 2.165%. Vincent said the ordinance would accomplish this and it will need to be read in full in open session.

MOVED by Purcell, SECOND by Smith, for approval of Ordinance No. 99-42.

Ordinance was read in full by the City Attorney, City Clerk and Assistant City Manager as follows:

Ordinance No. 99-42
An ordinance relating to revenues, amending Section 10-206, Chapter 10, Lawton City Code, 1995, increasing the rate of sales tax levied by the City of Lawton, Oklahoma, and all other taxing authorities, upon the gross proceeds or gross receipts derived from all sales to any person taxable under the Oklahoma Sales Tax Code, codified in 68 Oklahoma Statutes 1001 Section 1350 et seq; providing for an effective date; requiring approval of this ordinance by a majority of the registered, qualified voters of the City voting at an election to be held for such purpose as provided by law; providing for severability of the provisions of this ordinance; providing for continuation of this ordinance in the event the purpose of the revenue provisions is declared invalid; providing for codification; and requiring the full text be published.

BE IT ORDAINED by the Council of the City of Lawton, Oklahoma, that:

SEE ORDINANCE: CODE MASTER WOULD NOT ACCEPT INSERTED ORDINANCE WHICH WAS DONE IN CODE MASTER. ERROR MESSAGES CONCERNING FONT.

Vincent said Section 4 refers to the effective date, and the effective date would be on and after April 1, 2000, if approved by the voters, because sales tax must begin on the calendar quarter. Purcell and Smith amended the motion to include the City Attorney's statement regarding the effective date.

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

There being no further business to consider, the meetign adjourned at 8:10 p.m. upon motion, second and roll call vote.