Month 1999-4 April


Meeting of 1999-4-27 Regular Meeting

MINUTES
LAWTON CITY COUNCIL REGULAR MEETING
APRIL 27, 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 6:20 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
        Jeff Sadler, Ward Three
        John Purcell, Ward Four
        Robert Shanklin, Ward Five
        Charles Beller, Ward Six
        Stanley Haywood, Ward Seven
        Randy Warren, Ward Eight

ABSENT:    None.

PRESENTATION OF HUMAN RIGHTS & RELATIONS COMMISSION REPORT

Report was provided to Council and no one was present to speak. Item will be returned if needed.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL SPECIAL MEETING OF APRIL 6 AND REGULAR MEETING OF APRIL 13, 1999.

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

AUDIENCE PARTICIPATION:

Ruth Craig, 403 NW 29th Street, expressed appreciation for items that benefit senior citizens, such as the handicapped parking at the H. C. King Center. May is Senior Citizens Month and activities are being planned.

Eddie Barbee explained this his son wanted to purchase a building that the City had condemned, and the remodeling permit is good only until May 6. He said the intent was to change the property to a single mobile home lot instead of rebuilding the structure; garage and concrete slab are to remain.

Baker said staff had discussed this with Barbee earlier today and the Code Administration Director did not see a problem with the request. He said Council could direct that the property be brought back for consideration. Beller asked Vincent if Council could direct that the property be returned to the May 11 meeting. Vincent said Council can take action to direct that this be placed on the agenda.
MOVED by Beller, SECOND by Haywood, to bring the item to the May 11 meeting. AYE: Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

Steve Logsden, 6927 Cherokee, expressed concern with the traffic on Rogers Lane and dangerous situations. He said the locations are on Rogers Lane at Fort Sill Boulevard and at Sheridan Road. Logsden presented a map and stated problems exist with traffic trying to cross the roads and causing through traffic to have to stop, which is a hazard. Mayor Powell asked that the information be left with the Public Works Director so it could be reviewed by the proper persons.

UNFINISHED BUSINESS:

1.    Consider the following damage claim recommended for denial: James and LuAnn Powers. Exhibits: Claims Memorandum/Recommendation.

Vincent said the claim was previously tabled at Powers' request, and that Powers had indicated he had to be out of town today also. He said the City Attorney's office continues to recommend denial of the claim.

Williams said he had looked at the sidewalk, which is not the usual sidewalk, and it appears that a good part of it is on private property. He suggested the claim be paid or tabled. Warren said he had also looked at the sidewalk, and the City now attempts to convince developers to install sidewalks to keep pedestrian traffic off of the street, and it serves a good purpose in that regard. Warren said he felt the claim should be paid.

Mayor Powell asked why the City Attorney recommended denial. Vincent said the sidewalk is located in the public utility easement, which is also part of the street right of way; there was an emergency water main break and crews excavated the easement and destroyed the sidewalk, which was made of flagstone as opposed to concrete and it was a very nice sidewalk. Vincent said City Code provision 404.2B2 states that anything placed in the right of way or easement that is decorative, such as this, is the responsibility of the person who placed it there and the City is not responsible for replacement or repair. Shanklin said this was not a backed up sewer line and the sidewalk was in the easement so he could not support payment.

Purcell said there had been problems with residents building things on easements and that he did not want the City to be responsible for removing items from easements, such as fences or buildings, and if one is paid, all should be paid. He said he could not support payment.

Warren asked if the ordinance requires subdivision developers to install sidewalks. Shanklin said no and Vincent said he did not think so, but that he was not positive. Warren asked if the City repaired driveways when water line repairs caused the driveway to be damaged. Vincent said it has been Council policy that if we damage the entrance way, the City does repair that entrance way, however, if the other portion of the driveway is damaged, not through the negligence of the City, the City does not repair that portion.

Purcell said he remembered Council passing an ordinance to require developers to put in sidewalks. Shanklin asked for the location of those areas so he could go see them. Names mentioned were Park Ridge and Wyatt Acres.

Williams asked Vincent if he knew that this total sidewalk was in the easement and not more than 50% on private property. Vincent said no, we do not have any information on that. Shanklin suggested a motion to table be made.

MOVED by Williams, SECOND by Purcell, to table the item. AYE: Williams, Sadler, Purcell, Shanklin, Beller, Haywood. NAY: Warren, Smith. MOTION CARRIED.

2.    Consider setting a public hearing for May 11, 1999, to receive public input concerning disposition of park land. Exhibits: None.

Gary Salva, Parks & Recreation Director, said a number of parks were identified last year for disposition. Signs have been posted in those parks to invite public comment concerning disposition. Staff members have evaluated the parks and provided a recommendation to the City Manager. Recommendation is that a public hearing be set to announce those findings and allow for public discussion.

MOVED by Shanklin, SECOND by Smith, to set the public hearing for May 11, 1999. AYE: Smith, Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. MOTION CARRIED.

BUSINESS ITEMS:

3.    Hold a public hearing to consider Change 2 to the Consolidated One-Year Action Plan for FY 1997, receive input from citizens, and consider approving the change. Exhibits: None.    
Frank Pondrom, Director of Housing and Community Development, said the change is to add a water line to the Larrance Street Project. HUD rules allow for appurtenances to street projects, which would apply in this situation. Cost is $75,000 and would be paid from CDBG Contingency. Haywood asked if the line would go all the way around Patterson Center to the railroad track from Larrance to Bell to the railroad track. Pondrom said the 12" water line would go along Larrance Street only, and other lines need to be replaced but do not qualify for CDBG funding due to the service area; the water line being recommended is eligible because it serves Larrance Street, Vernon Park and Patterson Center, so any improvements to that street as access to those facilities would be eligible because it serves a larger area. The smaller area where the other lines would run serve an area that is not qualified due to income level.

Williams asked the amount available in the CDBG Contingency. Pondrom said in all years there is about $110,000 before making this change.

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

MOVED by Haywood, SECOND by Smith, to approve the change to the Consolidated One Year Action Plan for 1997 and authorize the Mayor and the City Clerk to execute the implementation document. AYE: Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

4.    Hold a public hearing to consider the Consolidated Plan for Community Development (The Consolidated Plan) and One-Year Action Plan for FFY 1999, receive input from citizens, and provide directions for completing the final drafts, and if appropriate, approve the plans for submission to the U.S. Department of Housing and Urban Development (HUD) and upon HUD approval, authorize the Mayor and City Clerk to execute the grant agreements. Exhibits: Executive Summary; Three Options for the One-Year Action Plan.

Tom Aplin, Housing and Community Development Department, said the plan is a prerequisite for the receipt of federal funds under the CDBG and Home Investment Partnership Programs. Certain requirements must be complied with in development of the plan, and those were shown on a slide. The purpose of the public hearing is to give citizens input for consideration of developing the plan. The plan serves as the application for federal funds, it is a planning document for community planning and development programs, and it establishes a strategy for implementation of the HUD programs. The plan describes housing and community development needs, establishes priorities for addressing those needs, and provides a five-year strategy for addressing the priority needs.

Aplin said projects under CDBG must meet criteria of direct benefit to low and moderate income persons, provide an indirect benefit to low and moderate income areas and/or prevent or eliminate slums or blight. The Home Program requirements are that projects must provide incentives to develop and support affordable rental housing and home ownership affordability; it must also provide direct benefit to low income persons or families as follows: 90% of all of the families provided assistance under the Tenant Based Rental Assistance program must be very low income individuals and 100% of those supported meet that criteria in this particular case. The next criteria is that 100% of the families receiving home ownership assistance must have annual incomes that do not exceed 80% of the area's median family income.

Shanklin asked the location of Wonderland Park and Haywood said it is between 12th and 13th Street between Georgia and Garfield.

Haywood asked if the 15% expenditure for social programs is taking place in Wards 5 or 7 and what percentage is spent in these areas. This was addressed later in the meeting.

Pondrom said the five-year plan is from 1999 to 2004. The vision for change is to develop and sustain a viable community and suitable living environment, as shown on a slide. A slide was presented showing the annual entitlement of $1,132,000; unprogrammed funds in the CDBG Program of $190,000, and $50,000 is anticipated in program income, for a total available funds of $1,372,000. Expenditures are shown in two categories, funds for core projects $950,000, and the remainder available for other projects. Core projects are MedTrans, Family Counseling, Hospice, Teenage Pregnancy Prevention, Youth, Minority, Emergency Home Repair, and CDBG Administration. Dunbar School has been added as a core project, although it is not directly funded by CDBG but HUD requires it be included in the five-year plan.

Pondrom said three options are provided and he recommended Option Three because it includes most of the requests from those attending neighborhood meetings. Option Three provides for continuation of efforts with Certified Cities and certain capital improvement projects which are eligible and shown in the five-year plan. $40,000 is included to renovate office space next to the Fire Station. A $30,000 sewer project was deleted from Option Three as it was too small to be cost effective; the funds will reflect an adjustment in unprogrammed funds from $190,000 to $160,000.

Purcell asked if the $190,000 should be increased by the $30,000, as opposed to a decrease. Pondrom said if we do not program the $30,000, we do not have to identify $190,000 that would be available. Pondrom explained how unprogrammed funds come about as a result of projects costing less than anticipated. Purcell said the program does not have the unprogrammed funds but is counting on getting them so there is a reduction of unprogrammed funds by $30,000.

Purcell asked if the first four projects under the core projects are the ones that comprise the 15% cap for projects of that nature. Pondrom said yes, it is the public service activity.

Warren said Council decided last year to stay away from wading pools but that is included this year. He said the concern previously was the expense of upkeep, staffing and operation because the only cost in the CDBG program is for construction.

Williams asked if other projects could be completed with the Unprogrammed Funds and Pondrom said they can be used for additional projects. Williams asked if there are CDBG Contingency Funds and also the CDBG Unprogrammed Funds, and if the Unprogrammed Funds had been accumulating. Pondrom said yes, and a year ago, staff identified $360,000 in Unprogrammed Funds and last year about $155,000 of that was identified when the program was formulated. Williams asked if the Unprogrammed Funds carry over from year to year. Pondrom said they are in all years and they do not carry over. Williams asked how much money was in the Unprogrammed Funds category overall. Pondrom said it is an estimated amount and that he would feel comfortable with $160,000. Williams asked if that is the grand total of all Unprogrammed Funds and Pondrom said yes.

Haywood asked what percentage of funds for the social service type programs is spent in Wards 5 and 7. He said during his campaign he said he would try to keep the money from CDBG in his area to benefit the low and moderate income persons. Pondrom said there is a requirement that at least 75% of the funds be spent in low and moderate income areas, and that was taken into consideration because you can spend money outside the low and moderate income areas for items such as demolition, individual house repair for a low income person although the house is not in a low income area, so it would be difficult to obtain an accurate answer with regard to Wards 5 and 7. He said most of the projects will be in the Lawton View area, as requested by the neighborhood coalition.

Beller asked how areas are qualified as low income and said he felt the area around 23rd and Lincoln would qualify. Pondrom said HUD provided census tract information from the 1990 census showing areas that have 51% low and moderate income residents. He presented a map showing the H.C. King Center, which is in a low and moderate income area, but it serves a greater area which does not meet the criteria so block grant can no longer make improvements to the center, although the center was built with CDBG funds. Pondrom said Patterson Center is in an area that only has 42% low and moderate income residents, but it serves an area that has more than 51% low and moderate income residents, so CDBG funds can be used to make improvements to Patterson Center.

Beller asked how the distances included in the circles around the centers, as shown on the slide, were determined as to their size. Pondrom said the circles were the same size and an equal distance apart. Beller said the size of the circle could affect the income levels of the residents and make a difference in qualification, and that Ward 7 was not the only ward in need of help. Pondrom said he drew the circles based on his best judgment of the service areas and that it was subjective, although he felt it was realistic based on statistics.

Haywood said Lawton's population had increased since 1990. He encouraged Ward 7 residents to participate in neighborhood meetings because the funding is to assist low and moderate income persons. Pondrom presented a slide showing all of the low and moderate income areas in Lawton.

Warren said he felt the wading pools should not be built due to the additional expense to the City following the construction. Sadler agreed and said the City had trouble attracting lifeguards for the pool. Haywood said at the public hearing at Town Hall, the residents of Ranch Oaks again requested the wading pool and that they are present tonight to speak in that regard.

PUBLIC HEARING OPENED.

Samuel Moyd, Zoe Need Program, spoke in favor of funding the Youth with a Purpose Program stating they had requested $40,000 and the amounts reflect funding of $20,000 proposed to be provided. He reviewed the purpose of the program and the activities carried out with the previous funding.

Moyd said they were planning to build 100 homes in the Lawton View area. He said RFP's had been advertised for sale of the land, and proceeds will be program income to the CDBG area. Moyd suggested the income from land sale be considered as a pass through where no funds would come from CDBG and that the land be sold for $1. Vincent said the land was transferred to LURA and any prices at this point would be speculation as the RFP's have not been received yet.

Charlie Baer, Executive Director, Christian Family Counseling Center, reported the result of the $33,800 provided this year for professional counseling service for low and very low income persons. 561 hours of counseling were provided to 73 families and individuals, and he broke down the categories of counseling provided. He said participants had a good record of showing up for appointments and remaining in the program until completed. Baer read several letters from individuals who were assisted by the program.

Smith asked if any clients were required to participate in the Christian aspect of the program or if that was a determination the client could make. Baer said Christian values are integrated into their program but if a client did not desire that aspect, they would still be provided counseling services and not be pressured into any religious decisions.

Haywood asked if home visits are made. Baer said no, although effort is put into providing transportation for those in need of that service and he outlined volunteer efforts that provide transportation. Haywood asked about the income level of participants. Baer said it has been low and very low income persons, and that they did not receive sufficient funding to assist those in the moderate income category. Haywood said most persons will need counseling services at some point in their lives and that he hoped it would be provided to everyone. Baer said they had done advertising in Ward 7, mainly through church outreach, but that no new clients could be accepted for two months due to lack of funding.

Lisa Stein, Not Yet Project and Youth Job Development, reviewed programs conducted with funding provided last year and requested that funding be continued in the coming year. She pointed out that the group is separating from Comanche County Memorial Hospital and will be in an independent, non-profit status in the coming year, which will allow for greater grant opportunities. Stein emphasized that funding was critical at this time due to that change in status.

Clement Washington, 3414 Abilene Drive, President of Ranch Oaks Neighborhood Association, said that only three of the projects requested by neighborhood residents were included in Option Three, those being painting of tennis courts, signs in Lee Park, and the wading pool. He said they are in a distant area from other services and that a wading pool would benefit families in the area and provide a form of water recreation that is not available at this time, especially for children of working parents. Washington said many of the area residents are retired and could volunteer to assist in operating the wading pool.

Williams asked if the City would hold any liability if the wading pool were operated by volunteers. Vincent said there is a need to provide certified lifeguards which have received CPR training. Shanklin asked if CDBG could pay any operational costs and Pondrom said no. Haywood said it would be an operation of the Parks & Recreation Department.

Wallace Frazier, Lawton Community Development Corporation, requested funding for a youth program that would be open to those 17-25 years of age. He said the goal was to provide vocational training, as well as educational assistance with reading and math.

Purcell asked if Mr. Frazier's request would exceed the 15% cap for this type of program, if the other programs are funded. Pondrom said yes.

PUBLIC HEARING CLOSED.

Purcell expressed concern about the City having to pay operational costs for the wading pool and said he would like to find another good project that could take its place. Warren asked if the wading pool could be constructed with CDBG funds and turned over to a neighborhood organization for a nominal fee and the organization could then be responsible for the water usage, liability, and operation. Pondrom said it could be arranged and Vincent said a lease could be drawn up. Beller asked what would happen in the event of a default if the neighborhood organization found it was too much to handle, and that liability insurance could be very expensive. Mayor Powell suggested those funds be placed in contingency until those answers can be found.

Shanklin said there is a wading pool in 35th Division Park and it is well used. He said if staff is saying it cannot be staffed, then someone is not trying because many people hold those certificates. Baker said it could be staffed if funds are provided in the operating budget to cover the additional expense. Beller said if it is built, the City should operate it in a professional manner. Haywood said it would be well used and suggested assistance could be provided through the summer ASCOG program.

MOVED by Shanklin, SECOND by Haywood, to leave the wading pool in at George Lee Park for $20,000.
Beller asked if the intent of the motion was that the City staff the wading pool and Shanklin said yes.

SUBSTITUTE MOTION by Warren, SECOND by Sadler, to retain the funds and move them to Contingency until Pondrom can get answers to the questions about turning it over to the neighborhood group and return it when we have those answers. AYE: Sadler, Purcell, Beller, Warren, Williams. NAY: Shanklin, Haywood, Smith. SUBSTITUTE MOTION CARRIED.

Mayor Powell said if it is found that the neighborhood group cannot or will not undertake the project, the item would still need to be returned for Council consideration.

MOVED by Smith, SECOND by Haywood, to accept Option Three, with the exception of the sewer line $30,000 earmarked for 15th to 16th Street, Wisconsin to Tennessee, with the above mentioned pulling of the swimming or wading pool funds to be placed in the contingency fund, and approve the item accordingly. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams, Sadler. NAY: None. MOTION CARRIED.

5.    Consider a request from United Social Action, Inc. for funding the cost overrun for the roof repairs to the Dunbar Community Center. Exhibits: 3/9/99 Letter from USA, Inc.

Pondrom said $60,000 was spent to repair the roof at Dunbar. The project was advertised for bid and included alternate deducts, and the final bill was $78,000. USA, Inc. has requested that approximately $18,000 be used from CDBG funds to pay off the contractor for the work that has been done on the roof. Pondrom recommended approval of the request.

Purcell asked what the bid price was for the roof. Pondrom said the bidding procedure was up to USA, and the City established the parameters, and that he did not recall an answer to the question. Pondrom said he had been monitoring the bid received very closely, and it was his understanding that the base bid was $48,000, with alternates because there could be additional work needed that would be found as the roof was being repaired. He said it appeared prudent to award the bid as $60,000 was available for the work. Pondrom said the next contact was that the project cost was $78,000.

Shanklin said when you tear off an old roof, if the decking or structural members underneath are found to be rotten, you have to replace them, and that was what happened on this particular project. He said the roof had been leaking for 20 years and the bid price was submitted with the understanding that the contractor would be able to put the roof on the structure without that additional work, but it was found that the work was necessary so the price reflects that work.

MOVED by Haywood, SECOND by Beller, to authorize payment of cost overrun in the amount of $18,057 for the roof repair at the Dunbar Community Center. AYE: Shanklin, Beller, Haywood, Warren, Williams, Sadler, Purcell. NAY: None. ABSTAIN: Smith. MOTION CARRIED.

6.    Consider the concept of an expanded Recycling Program with Fort Sill and provide guidance to staff.  Exhibits: None.

Lt. Col. Ewing gave a slide presentation regarding Fort Sill's existing recycling program, which began in the early 1980's and includes a 50,000 square foot, state of the art recycling facility. He said the facility is not used to its fullest extent and a potential exists for a cooperative arrangement between Lawton and Fort Sill to do more recycling. There are currently two bins in Lawton for newspaper recycling, and it may be possible to add more bins to recycle other items, thereby reducing the waste stream to the landfill. Ewing said that Bill Barwick, recycling center manager, is here to answer questions. Smith asked how many more bins were being considered and Ewing said that would be addressed through a staff action by each entity.
Mayor Powell said he appreciated Fort Sill's involvement and recommendation, and he called on Dr. Lynn Musselwhite, chairman of a recycling committee established by the Mayor, to add to the discussion.
Dr. Musselwhite said a ten member group has been meeting regularly to study the recycling issue. The group received input from DEQ, Norman and Tulsa, as well as the Republic Paperboard representative. He said Fort Sill had made an offer and the program would be at a minimum of cost, which could possibly be funded by corporate donations and DEQ. The program would include recycle trailer bins on concrete pads and manning would not be required; the City would be required to provide maintenance. Musselwhite said it would be an entry level program that could be expanded and that Lawton should not duplicate Fort Sill's program, but participate where possible.

Mayor Powell expressed appreciation to Dr. Musselwhite and to Fort Sill representatives for the work done on this issue. Committee recommendation will be forwarded to Council.

MOVED by Smith, SECOND by Purcell, to approve the concept of expanding the Recycling Program with Fort Sill and authorize staff to negotiate an agreement with Fort Sill. AYE: Beller, Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

7.    Consider adopting an agreement between the City of Lawton and the Oklahoma Department of Transportation (ODOT) which will transfer full jurisdictional control of State Highway 7 (SH7) along Lee Boulevard and Sheridan Road. Exhibits: ODOT Letter 3/26/99; ODOT Proposed Intergovernmental Agreement; City Attorney's Memorandum 4/5/99; Public Works Director's Memorandum 4/6/99; Street Superintendent's Memoranda 4/1/99 and 4/12/99.

Baker said the City received a request for a turnbay on Sheridan Road about a year ago; request was to serve a new business. ODOT denied the request; Sheridan Road is a part of Highway 7 that goes through the City. Council reconsidered the item in July 1998 and directed staff to ask ODOT to reconsider; ODOT again denied the request but made an overture to the effect that if the City would like to take over jurisdiction of Highway 7 in the City limits, ODOT would draft an agreement and submit it for consideration. A draft agreement has been received from ODOT. City Attorney and Public Works have reviewed the agreement; the City Attorney has some concern on some language in the proposed agreement. Baker said he thought the language could be worked out and that he had talked with Bob Rose in Duncan who indicated he would be willing to work on some of that language. The concerns from Public Works dealt with maintenance required on the road prior to the City's accepting it. Estimate for repairs was $100,000, although it is for cracks and joint repair, and the actual material is about $20,000; Street Division estimates include equipment, time, labor, and materials, so if the City made all of the repairs, it would be about $20,000 in materials. Baker said Sheridan Road and Lee Boulevard are both in substantially good condition.

Baker said communication had been received from the developer working with Eckerd's Drug regarding a development at 11th and Lee. Eckerd's also submitted a request for access off of Lee Boulevard west bound coming into 10th Street; ODOT also denied that request. He said the realty company representing Eckerd's has said if they do not get the access, then they will not build their store.

Baker said the agreement is submitted tonight and Rose had said if the Council would approve the agreement contingent upon staff massaging some of the language that would be acceptable to both attorneys, that he felt he could get ODOT's signature on it and Lawton would have control of that section of the road within about 10-14 days.

Warren said he felt this should be done and would support moving forward with it, even with language changes, to allow economic development for the stores that want to build.

Beller said repairs were not made by ODOT, and staff had provided a list of repairs. He said if Lawton takes it over, it will be no more costly than it currently is. Beller said the City Attorney mentioned a legal action involving Mr. Cornish and asked if that could be worked out satisfactorily. Vincent said Baker and he discussed the conversation with Mr. Rose, and based on what would be acceptable to Mr. Rose, it would fix the problem.
Smith said he fully supported the agreement because ODOT is not concerned with the economic growth in Lawton, but strictly with the highway. He said ODOT does not care that the turnbay will not add a safety problem and ODOT's concern is only to improve safety.

Purcell asked where the state highway system will be after 82nd Street is finished. Ihler said it would come in on Highway 7 to I-44 north to U.S. 62 and then west on U.S. 62. Purcell asked if there was any intention of having the state highway go all the way west on Lee Boulevard out to 82nd. Ihler said that is currently State Highway 7T which allowed for federal and state funds for the construction of 82nd Street and once that construction is complete, that will come off of the highway system.

Purcell asked if ODOT would be required to repair the road before Lawton took it back if this followed the normal course, or would Lawton still be responsible for the repairs. Vincent said a State law passed in 1997, ODOT must turn the road back to a city in standard condition and there is a debate as to what standard would mean. Purcell asked if it was possible that Lawton could wait 18 months, have the road returned, and still have to make the repairs anyway. Vincent said that possibility exists. Baker said he and Rose discussed that point and in Rose's opinion, it is up to standard now. Baker said Rose agrees that some maintenance is needed, but that he considers it to be up to standard at this point.

Warren said he appreciated Mr. Rose working with the City to get this done.

MOVED by Smith, SECOND by Haywood, to approve this substantially as it is written and authorize staff to work out the minor details of the language. AYE: Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

8.    Consider adopting a resolution repealing Resolution 90-117 and approving the taxicab rate card and zones to be used by Lawton taxicab companies and establishing an effective date. Exhibits: Resolution No. 99-44. (Rate card on file in City Clerk's Office)

Vincent said the taxicab committee met and asked that he prepare a resolution to adopt the new rates. He said an additional item had been distributed tonight and that he had not had the opportunity to see if it was the same information. Beller said it is the same thing except it is on one page. Vincent said the committee recommendation was to adopt the rates.

Beller said there were questions as to interpretation of the rate map and the cab company owner, who owns the majority of the companies, and two dispatchers, are present to clarify use of the map. He said the confusion was in crossing over zones and trying to determine the cost of the fare; another question is how a person entering a cab would know the charge for going from one place to another with nothing being displayed in the cab except a card that addresses only zones but does not allow a person to see which zone he is in. Beller said there is also a question as to what is meant by a double cross over going east/west and zone crosses going north/south.

Shanklin asked the proposed percentage of increase. Jimmie Thompson, majority cab company owner, said it is a very small percentage. Shanklin said Council may be getting into a two hour debate over raising rates. Beller said it is not the rates and the increase is justified, but the concern is how a fare knows what he is going to pay. Shanklin said it is not a large increase. Beller said some zones were $4 and the increase is to $4.50, which would be slightly over 10%, and all of the increases appear to be justified, but there are questions over a double cross zone.

Mayor Powell asked that Mr. Thompson address the questions. Thompson said his dispatchers, Stanley Dunn and James Adams, would be able to explain it better.

Purcell asked how much it would cost to go from Terrace Hills in the northwest corner of the map, all the way down to Park Lane Addition, in the southeast corner of the map, and how that answer is figured. He said he had received four different answers to that question. Purcell said he did not object to the increase but wanted to understand. Stanley Gowen, AAA Cab Company dispatcher, responded that the fare would be $8.50 for one person. Purcell asked for an explanation of how that is determined. Gowen said east of Cache Creek and north of Sheridan Road, you cross through the double, you add the two zones together, and it is $8.50. Purcell asked if that is because you added the $4.50 in the top left to the $4 in the lower right, and the two together is the fare. Gowen said yes.

Purcell asked the cost to go from Goodyear to SE 45th and Gore; do you add the $5 at Goodyear and the $3.50 at G37 on the map. Gowen said that Goodyear Boulevard is a $7.50 zone by itself. Purcell asked what the $5 referred to where it states 82nd Street to Goodyear Boulevard. Gowen said that is up to Goodyear Boulevard. Purcell asked for a fare from Goodyear Boulevard to the east end of SE 45th and Gore Boulevard, which is approximately G37 on the map.  Purcell asked if you add the $3.50 to the $5 and get $8.50. Response was yes.

Purcell asked where the $1 and $2 additional charges come in. Beller asked if you are in the second quadrant from the west and have a $4 zone fare there, and you go east of 38th Street where the $1 cross over zone comes in, what is the effect. Gowen said anything east of Railroad Street or west of 11th Street, you add a dollar to the highest fare.

Mayor Powell said both examples resulted in an answer of $8.50 and he asked the fare now, before the rate increase. Gowen said it is now $8.50 and that will not change in the rate increase. He said the only changes are the $2.75, $2.50 and $3.00 zones being raised by a quarter or fifty-cents. Beller said every zone is not being increased.

Warren asked why meters could not be used. Thompson said he had always favored meters but there was opposition from the other companies; it would cost about $500 per cab to install meters.

Beller said Alan Williams had attended their meetings and that he had proposed a mileage charge by paying a fifty cent charge each time the fare crossed a half mile. Alan Williams was recognized to speak.

Alan Williams said the rate he proposed was a $2 flat rate to enter the cab and fifty cents per half mile from that point on. He said the OCC rate is $1.25 per mile. Williams said that would be a much more understandable system and would not be any different from having a meter in the cab. Mayor Powell asked Williams if he was on the committee and Beller said Williams attended but was not a member. Mayor Powell asked if that plan was presented to the committee and Williams said yes. Beller said the committee recommended the rate plan that included the zone fares.

Purcell asked how much it would cost to go from Terrace Hills to Park Lane under the system Williams suggested and Williams said $10.

Alan Williams said some of the reasons for new fares are insurance, maintenance, and the drivers pay all of the maintenance costs and the time it takes to get the maintenance done, plus paying higher costs for newer cars and newer car maintenance costs, plus the fact that no company may raise the daily tariff without a rate increase, which means the companies expect to automatically raise the daily tariff when the rate does go through. He said this makes it more difficult for the drivers to keep their cars safe, and people already complain about the looks, age and wear of the cabs, and safety is a real problem. Williams said the least the drivers pay is $812 per month to work, as far as cab drivers go, and some pay as much as $1,100 or $1,200 per month to work, and that is enough to pay for most any one of these cars. He said there are some newer cars and more expensive cars on the line now, but the drivers pay enough each month to buy most of the cars on the line now. Williams said under the rate system, a fare could be charged several dollars because they cross a particular zone that may be only a few blocks. Williams said the OCC system of charging is supposed to be standard in Oklahoma.  

Terry Jones expressed concern with items six and seven on the rate sheet. He said item six shows that Fort Sill to the Lawton Airport should be changed to a double zone, and that he did not think that should be changed without consulting with Fort Sill because Fort Sill sets that rate. Jones said there has not been a rate change since November 1990, and the concern is lowering the fare from $3 to $1.50 and it should at least stay the same with regard to item seven.

Purcell said he had no problem with the increase but Council was being asked to approve the resolution talking about the rate card that was handed out tonight. He said the rate card does not tell anyone what the rates are. Purcell said he wanted to see a rate card that would tell a person what the rates are.

Shanklin said the cab companies have a clientele that uses their cabs and they know where they are going and what it will cost. He said cab rates for going from the Airport to Fort Sill may be posted in the Airport Terminal. Shanklin said to belabor this because Council did not understand it was baffling to him and that the cab companies had no problem and had been using it, and they are only asking for a little bit of an increase. He said for Council to say they had to understand it before they approved it was ludicrous. Shanklin said if the cab companies cannot make it work, it would be their problem and they would be the ones that would go down. He said the committee told the cab companies to propose the rate and return it and this is what was presented.

Beller asked if a reduced map could be placed in the cabs. Shanklin said it would not be readable. Shanklin asked the Mayor how many complaints he had received concerning people being overcharged and Mayor Powell said no one had called him.

Vincent said the document presented to him that he submitted to the City Clerk was a copy of the map and it was not the small rate card which was first presented tonight. He said the map was the item that was presented for consideration based on the agenda item that he prepared, and not the card.

Beller asked if Council was considering the map and Vincent said yes, to include the language on the back. Beller asked if the cabs could use the rate card and Vincent said it had to be identical to the map.

Warren said he preferred the $2 to enter the cab and $1 per mile, and everyone would know the rate and it could be shown on a 3 x 5 card on the back of the seat without a question.

MOVED by Beller, SECOND by Haywood, to approve the rate increase as presented to the Council on the zone rate map with both sides to be included and adopt Resolution No. 99-44.

Lt. Col. Ewing asked if anyone from Fort Sill was on the committee. Beller said no, but he discussed it with the Transportation Officer at Fort Sill, but no one from Fort Sill was on the committee because Lawton cannot control the prices that are charged at Fort Sill. Vincent said he discussed this with Col. Pointer several months ago and Fort Sill has their own licensing and fee process.  Lt. Col. Ewing asked if that included the travel distance from Fort Sill to the Airport. Vincent said he understood it to be from the origination point on Fort Sill, but that he did not know if it included from points in Lawton to Fort Sill. Beller said if a cab picked up a fare at Fort Sill and transported them to Lawton, the fare is controlled by Fort Sill, according to the Transportation Officer.

Williams said this is a small increase and it does not address the need to upgrade the cabs. He said he would have no problem approving this increase and doing something in the future to allow the cabs to be upgraded to a better standard.

Shanklin asked if the City Attorney indicated the maps would have to be posted in the vehicles. Beller disagreed. Vincent said the map is the rate card that was submitted by the committee to the City for consideration. Vincent said the map will have to be posted in the vehicles. Warren said both sides of it will need to be visible. Shanklin suggested the matter be tabled until it could be worked out.

SUBSTITUTE MOTION by Shanklin, SECOND by Williams, to table the item. AYE: Warren, Williams, Sadler, Purcell, Shanklin. NAY: Smith, Beller, Haywood.

Prior to the Mayor announcing the result of the vote, Shanklin changed his vote to no, causing a tie vote of four to four. Mayor Powell voted no and the substitute motion failed.

Mayor Powell asked for roll call on the original motion, to include information presented by the City Attorney. During roll call, Purcell asked if both sides of the map would be posted as the rate card and Vincent said yes, but it does not have to be this big.

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

Williams asked if the member making a motion can vote against the motion and Vincent said yes.

(Title only)    Resolution No. 99-44
A resolution approving the taxicab rate card for rates to be charged and adopting zones by Lawton taxicab companies, repealing Resolution No. 90-117 and establishing an effective date. (immediately)

9.    Consider adopting an ordinance amending Section 19-111, Lawton City Code, 1995, changing the check out time for campers from 2:00 p.m. to 6:00 p.m. on the day the camping permit expires, and declaring an emergency. Exhibits: Ordinance No. 99-22.

Shanklin said the revenue from overnight camping has decreased and that should be looked into.

MOVED by Shanklin, SECOND by Haywood, for approval of Ordinance No. 99-22, waive reading of the ordinance, read the title only, and declare an emergency.

(Title read by Clerk)    Ordinance No. 99-22
An ordinance relating to recreation, amending Section 19-111, Chapter 19, Lawton City Code, 1995, as amended, modifying check-out time for camping; providing for severability and declaring an emergency.

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

10.    Consider approving an amendment to the Agreement between the City of Lawton and the Institute of the Great Plains to provide funds for necessary repairs and renovations associated with the asbestos removal project at the Museum. Exhibits: Proposed Amendment; Letter of Request.

Steve Livingston, Finance Director, said a request was received from the Institute of the Great Plains to amend the agreement. The original budget for asbestos removal was $283,000, and the Institute entered into a contract for asbestos removal, which the City agreed to fund in the amount of $178,934. He said funds from the original $283,000 asbestos removal amount were also spent for the King Center parking lot, $10,000; Pleasant Valley, $8,344, and Neal Boulevard Surfacing, $10,000; $75,722 remains in the account. Livingston said Mr. Fisher, Institute Chairman, provided a list of additional costs associated with the asbestos removal and Fisher is asking Council to amend the agreement to help fund those additional costs of up to $75,722.

Warren asked what the related items are. Livingston said he received a list, and some items may or may not be included in the agreement, but the list exceeded $75,000, and that he and Vincent had worked with the Institute. Livingston said the items include cleaning, testing, electrical costs, and some miscellaneous items that have arisen as a part of the asbestos removal.

Shanklin said when those funds were set aside, the bid came in under the budgeted amount. He said the City not only agreed to take care of the asbestos abatement, but also to take of the items that had to be moved and replaced as a result of the asbestos abatement, and that would have been an unknown amount at that time.  Shanklin said he could not vote on either item as he is a member of both bodies, but that the past minutes would probably reflect that the City expressed an intent to take care of the problem.

Baker agreed and noted that the McMahon Foundation requested the City not spend the other funds, but reserve it for use if needed in this manner. He said he had looked at the associated projects and that he and the Finance Director had met with Mr. Fisher several times. Baker said he was convinced that the work was directly associated with the asbestos removal and he recommended approval. He said it will not cost any more, but there would be no excess funds that could be used for other things.

Beller asked if the asbestos abatement had been completed. Williams said phase three is starting, which includes the original auditorium and offices in the north section; the bulk of the asbestos abatement has been completed. Williams said the air monitoring and the architect/engineer fee were not in the original abatement contract; fluorescent lights had to be removed to respray ceilings so new fixtures were required, and there is a definite need for the funding.

Purcell asked if the City would be dealing with the Museum Trust after this process is over, as opposed to the Institute. Vincent said this is the last of the agreements with the Institute and in the future, the City would deal with the Trust.

MOVED by Sadler, SECOND by Smith, to approve the amendment to the agreement between the City and the Institute of the Great Plains to provide funds for necessary repairs and renovations associated with the asbestos project at the Museum in an amount not to exceed $75,722. AYE: Sadler, Purcell, Beller, Haywood, Warren, Smith, Williams. NAY: None. ABSTAIN: Shanklin. MOTION CARRIED.

Beller asked why one abstained and one did not. Shanklin said he serves on both entities and felt he should not vote. Vincent said it would not be appropriate for Shanklin to vote since the Institute was directly receiving the money.

11.    Consider approving a Resolution in support of the Lawton/Fort Sill Chamber of Commerce campaign to request Delta Airlines fly directly into the Lawton/Fort Sill Regional Airport and authorize the Mayor and City Clerk to sign the Resolution. Exhibits: Resolution No. 99-45; Letter from Lawton/Fort Sill Chamber of Commerce & Industry.

Mayor Powell spoke in favor of the resolution.

MOVED by Smith, SECOND by Beller, to approve Resolution No. 99-45.

Purcell suggested the resolution be amended and Mayor Powell said that had been taken care of. Purcell said his copy had not been changed. Baker said there was some concern that the resolution appeared that the Council was simply supporting the efforts of the Chamber of Commerce. Baker asked that Council allow minor changes to reflect that this is a City initiative and that we fully support this effort, and basically change the emphasis from that of just supporting the Chambers' position. Vincent indicated that would be legal.

VOTE ON MOTION: AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams, Sadler. NAY: None. MOTION CARRIED.
(Title only)    Resolution No. 99-45
A resolution supporting a proposal for Delta Airlines to fly from the Lawton/Fort Sill Regional Airport directly to Atlanta, Georgia.

12.    Consider approving a letter to the House of Representatives supporting the continued funding of the Community Intervention Center and authorize the Mayor to sign the letter. Exhibits: Proposed Letter.

Baker said the Office of Juvenile Affairs has voted to discontinue funding for the CIC program. He said the City has supported the program locally for two years and spent over $200,000 on the program. Baker said the item authorizes the Mayor to contact the State delegation to encourage them not to cut the funding. He said the CIC gets the police officers back on the street quicker, but more importantly, it provides intervention for youth who get into trouble with the law, and with proper intervention, they may stay out of trouble and not end up in prison.

MOVED by Williams, SECOND by Smith, to approve and authorize the Mayor to sign the letter. AYE: Shanklin, Beller, Haywood, Warren, Smith, Williams, Sadler, Purcell. NAY: None. MOTION CARRIED.

ADDENDUM: Consider adopting a resolution authorizing: 1) the temporary closing of 4th and 5th Streets from Gore Boulevard to Shepler Park entrance from 8 a.m. on May 5 through 2 p.m. on May 10; and 2) blocking of one lane of Gore Boulevard on May 5th (1 p.m. to 5 p.m.) and May 9 (5 p.m. to 7 p.m.).  Exhibits: Resolution No. 99-46.

Baker said this is the street closing for the annual Arts for All Festival that is coming up.

MOVED by Purcell, SECOND by Haywood, to approve Resolution No. 99-46.

Warren suggested that at some point a movement be made to have Arts for All and the International Festival in a different location, possibly at the Museum and Elmer Thomas Park area. He said there parking problems downtown during the festivals and the City may need to look into establishing the appropriate utility service for the events to be moved.

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

(Title only)    Resolution No. 99-46
A resolution authorizing: 1) the temporary closing of a portion of 4th and 5th Streets from Gore Boulevard to Shepler Park entrance from 8 a.m. on May 5 through 2 p.m. on May 10; and 2) the blocking of one lane of Gore Boulevard on May 5th (1 p.m. to 5 p.m.) and May 9 (5 p.m. to 7 p.m.).

CONSENT AGENDA:

13.    Consider the following damage claim recommended for approval: Mary M. Warren. Exhibits: Legal Opinion/Recommendation. Action: Approval of claim.

14.    Consider a resolution authorizing the installation of traffic devices at specified locations. Exhibits: Resolution No. 99-47; Draft 4/15/99 Traffic Commission Minutes; Letter from County Commissioner Gail Turner.

(Title only)    Resolution No. 99-47
A resolution authorizing the installation and/or removal of traffic control devices at certain designated locations within the City of Lawton, Oklahoma. Locations: 1) Install "Yield" signs at intersection of SW 18th Street and McKinley Avenue (Yielding north/south SW 18th Street); 2) Install "4 Way Stop" at intersection of Bishop Road and S Railroad Street in conjunction with County forces.

15.    Consider approving Amendment No. 2 to an Agreement dated June 23, 1998, between the City and the Museum of the Great Plains Authority, and authorize the Mayor and City Clerk to execute the Amendment. Exhibits: Amendment No. 2. Action: Approval of item.

16.    Consider endorsing the Fiscal Year (FY) 1999-2000 Unified Planning Work Program (UPWP) for the Lawton Metropolitan Transportation Planning Process. Exhibits: FY 1999-2000 UPWP. Action: Endorse the FY 1999-2000 UPWP.

17.    Consider approving the Memorandum of Understanding (MOU) between the City of Lawton and the Lawton Metropolitan Area Planning Commission (LMAPC) for metropolitan transportation planning in Fiscal Year 1999-2000. Exhibits: MOU. Action: Approval of MOU.

18.    Consider approving the Replat of Lots 38, 39, and 40, Block 7, Morford Hills Addition, Part 5. Exhibits: Plat Map. Action: Approval of item.

19.    Consider accepting a bid proposal submitted for the sale of nonessential property located at approximately 1908 NW Taylor, select the successful proposal, and authorize the Mayor and City Clerk to execute the Contract for Sale and Quit Claim Deed. Exhibits: Contract for Sale of Real Property. (Bid documents on file in City Clerk's Office) Action: That the bid from Alan and Rose Wilson be accepted as the highest and best bid and authorize the Mayor and City Clerk to execute the Contract for Sale of Real Property and Quit Claim Deed.

20.    Consider a request from Angel R. Acevedo to purchase a portion of Lot 65, Block 15, Brockland Addition located at 6628 NW Ferris Avenue and consider declaring approximately the east forty-three (43') feet of Lot 65 and Lot 38, Block 15, Brockland Addition as nonessential property and direct staff to advertise for public sale. Exhibits: Letter of Request; General Location Map; Excerpt of 67th Street Plans-Lot 38, Block 15; Excerpt of 67th Street Plans-Lot 65, Block 15; Map of Proposed Surplus Property. Action: That certain portions of Lots 38 and 65, Block 15, Brockland Addition, be declared nonessential property and direct staff to advertise the property for public sale.

21.    Consider approving plans and specifications for the General Facilities Project 97-13 Patterson Center (Part 2) as prepared by GBA Architects and authorizing staff to advertise for bids. Exhibits: Location Map. Action: Approval of item. Project consists of installation of vinyl floor covering, reconstruction of the ramp and stairway hand rails, installing vinyl soffit on the outside entrance and exterior painting.

22.    Consider approving plans and specifications for the Larrance Street Reconstruction and Waterline Project 99-10 and authorizing staff to advertise for bids. Exhibits: Map. Action: Approval of item. Project consists of paving, curbs and gutters for one block of Larrance Street from Gore Blvd. to Patterson Community Center and construction of 1,400 lf of 12" water line.

23.    Consider accepting NW Cache Road Waterline Replacement Project 97-8 as constructed by M. L. Young Construction Corporation and placing the maintenance bond into effect. Exhibits: Map. Action: Accept the project and place the maintenance bond into effect. Payment for grassing is withheld until grassing is acceptable.

24.    Consider approving Releases of Mortgage on residential properties belonging to Merelyn E. Wilkins and Margaret J. Danley of Lawton, Oklahoma, and authorize execution of the Releases of Mortgage. Exhibits: None. Action: Approval of item.

25.    Consider ratifying a retainer agreement designating Luwana John as a special prosecutor in Municipal Court. Exhibits: None. Action: Approval of item.

26.    Consider accepting a Permanent Easement from Mr. and Mrs. Brandt for right of way needed for the West 82nd Street Reconstruction Project and authorize payment for same. Exhibits: None. Action: Acceptance of easement. Settlement price is $1,960.00.

27.    Consider accepting a Warranty Deed for a ten (10) foot strip along the west side of the Health Department property from the Board of Education of Independent School District No. 8 in the southwest quarter of Section Thirty-Six (36), Township Two North (T-2-N), Range Twelve West (R-12-W). Exhibits: None. Action: Acceptance of deed.

28.    Consider awarding contract for Custodial Services. Exhibits: Recommendation; Bid Abstract. Action: Award contracts to J and J Janitorial Co., Inc. (entire contract except Item 3, Group III) and Service One Janitorial (Item 3, Group III).

29.    Consider approving the following contract extensions: A) Testing Services - Standard Testing and Engineering Company; B) Automatic Transmission Repair - Mr. Transmission; C) Library Books, Periodicals and Services - Franklin Watts, Grolier Educational, Children's Press, Mitchell Repair Information Company, Byron Sistler & Associates, Inc., World Book, Inc., Recorded Books, Inc., Southwest Micropublishing, Inc., Educational Record Center, Inc., Regent Book Company, H.W. Wilson Company; D) Employee Assistance Program - Red River Behavioral Health Services. Exhibits: Fact Sheet.  Action: Approval of item.

30.    Consider rejecting bid for Carbon Feeder System. Exhibits: Recommendation; Abstract. Action: Reject bid.

31.    Consider approval of appointments to boards and commissions. Exhibits: Memorandum.

Traffic Commission: Mr. Les Hines, Term: 4/27/99 to 3/22/2000; Mr. Johnny Owens, Term: 4/27/99 to 4/27/2002

32.    Consider approval of payroll for the period of April 19 through May 2, 1999. Exhibits: None.

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

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.

Sadler said he had spoken with Baker about having something to fully fund Plan 8 on the Meadowbrook Project, which was approved on April 6. He said the item is delayed pending receipt of bids on the B-1 Reservoir, and if the bids come in lower, there may not be as much of a shortage as has been anticipated, and if it is higher, it will be a bigger problem. Sadler said he commended Baker on that decision and that it was an indication of the types of decisions he had been making and that he had been doing a good job as City Manager. He said the project remains and needs to be fully funded.

Sadler said he wanted to thank the rest of the Council and the staff, and that his term had been interesting and included items such as the prison issue, prairie dogs and water supply. He said he was glad that the $3 million had been earmarked for drainage and was glad to see the 53rd Street overlay done, which was a very nice improvement. Sadler said many had given positive comments concerning the drainage projects and that it was a joint effort of the entire Council, staff, and Corps of Engineers.

Sadler said it had been a pleasure to work with this Council, that he had a lot of respect for the members and that was one of the reasons he was able to make the decision not to run again, because he felt the City was being left in good hands. He said it appeared Council was trying to make an attempt to solve tomorrow's problems today, as opposed to crisis management, which was an improvement. He said it had been a privilege to serve for two terms and to have been Mayor Pro Tem. Sadler said Mayor Powell works very hard and had asked very little of him during his term. He said he appreciated the City Clerk, City Attorney and the staff and wished all good luck.

Shanklin asked for information on the following items: whether the Apache sewage lagoon has been brought into compliance; when demolitions will be returned for Council consideration; review on lake gate operation policy and whether it has changed due to the lawsuit, and stated the newspaper reported that the gates at Lake Lawtonka had been opened, which may have been reported in error. Baker said the policy provides that we will release water when a certain pool elevation is reached during certain times of the year. Baker said we have not changed our operating policy at all, which is an approved policy with the Water Resources Board, and we are continuing to march with that policy.

Shanklin asked if any feedback had been received from the hotel/motel tax audit. Baker said neither he nor the Finance Director had received the feedback yet.

Shanklin said he understood that an engineer said they would have to either dredge the lake or raise the dam at the golf course at the Airport as a result of a possibly 2,000 foot building. Baker said they were issued a building permit and one of the contingencies was that they had to have a drainage study completed by an engineer and submitted to Code Administration, and that he did not know what the study would show. Baker said they were not exempt from the code requirement to do the study.

Shanklin said he would like to receive information concerning enforcement of curfew laws, to include what happens to a young person that is out at 12:05 a.m., whether they are taken to Marie Detty and whether their car is impounded.

Shanklin asked if an ordinance was being presented to submit to Council to forego LMAPC's actions, with an instance being the Nance rezoning. Vincent said staff prepared an ordinance last spring at Mr. Schumpert's request to create the metropolitan planning commission versus the metropolitan area planning commission, which would be restricted to City residents. Vincent said Mr. Schumpert put it on the shelf, although it is drafted and ready to go through the necessary procedures to change the zoning code, but that can be done upon Council direction. Shanklin asked how long that would take and Vincent said approximately 75 days. Shanklin asked that it be initiated. Baker said he had asked that Bigham pursue that with the City Attorney, to include forming a city planning commission that would handle only business within the corporate city limits. Vincent said the 75 days assumes that the planning commission makes no major changes and does not send it to a committee. Shanklin asked if LMAPC had to approve it first. Vincent said it must be submitted to them for their recommendation.

Beller said in regard to comments about the golf course and detention, the builders were told by Tucker that they needed a statement saying the water would go directly into a stream and the lake at the golf course. He said the Mayor's committee on code administration ordinances was discussing whether retention should be two acres or four acres or the correct amount, and that he hoped the full Council would see how restrictive the ordinance is; there are places where that is needed and other places where it is ridiculous to even think of it. Beller said he understood Wackenhut did not have to make the study, and if the golf course has to, he would request that Wackenhut have one because it is ridiculous in some instances and Council needs to see if there is a way to change it. Beller said the improvements at the golf course would eventually revert to the City because it is on City property. He said one of the committee members, who was an engineer and was saying how badly the detention ordinance is needed, is the person telling the businesses they need certain things. Beller said it appeared that member may have a conflict of interest in serving on the committee, and it was the former City Engineer, Al Jung.
Mayor Powell said Mr. Jung had expressed concerns about the detention ordinance and had suggested the ordinances from other cities be reviewed. He said if Mr. Jung was not needed on the committee, he was sure he would withdraw from it. Beller said if there is a conflict of interest, it should be discussed, and the people are told they can appeal, but if they have to have a number of studies to do that, it is very costly. Mayor Powell said he was not sure there was room to build a detention pond at the airport between the building and where the water will drain into. Beller said he could understand the ordinance applying to an area on Cache Road adjacent to a subdivision, but not on a golf course or at Wackenhut, and a provision should be included to address those situations.

Baker said the Preliminary Budget has been completed and that the Assistant City Manager will distribute them. He read the following from the transmittal memorandum: "I am pleased to submit the preliminary budget for fiscal year July 1, 1999 through June 30, 2000. The budget is submitted in accordance with City Charter and the Oklahoma Municipal Budget Act. The budget, as proposed, is balanced without the need for revenue increases. This budget is submitted with my express appreciation to the staff and employees who shared in its preparation. I would especially like to thank the Finance Director, Mr. Steve Livingston, whose knowledge and experience have been invaluable to me throughout this process. Without the assistance of Mr. Livingston, the department directors and staff, the task would have been impossible. As always, staff welcomes input from this governing body and the citizens to assure that the adopted budget meets the needs of the community and is fiscally responsible. We look forward to reviewing the proposed budget with the Mayor and Council at your earliest convenience."

Mayor Powell said he had established a committee with regard to the Municipal Judge, which is composed of John Purcell, Chairperson, Stanley Haywood, G. Wayne Smith, and Donna Mata. He said he had asked the committee to return three names to him and that he would present a nomination to Council. Beller asked if there were any concerns about having an employee who would serve in the Judge's office on the selection committee. Mayor Powell said he felt it would be appropriate in light of how closely the Court Clerk works with the Municipal Judge. Smith said he had no problem with it. Vincent said there was not a legal problem with it. Vincent said he had been asked to make recommendations for the Municipal Judge's position and that his office prosecutes cases before that judge so it is inappropriate for his office to get involved with this in any way, and that several attorneys agreed. Purcell asked if there were any names for consideration that he, or a committee member, receive them by the end of the week. Mayor Powell said he had run an ad in the newspaper advertising the vacancy for ten days and requesting resumes, and that he had given those he had received to Purcell.

Mayor Powell said a special Council meeting would be held on May 3 at 10:30 a.m. He said on May 6 on the lawn and street between City Hall and the Library will be the National Day of Prayer Observance. Major General Baxter is co-hosting this with the Mayor, and several local churches will participate.

BUSINESS ITEMS:

33.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to consider a settlement offer received in the pending damage claim of Jeffrey G. Compton and, if appropriate, take action in open session. Exhibits: None.

34.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss a pending civil suit styled David R. Graham vs The City of Lawton, et al., Case No. CIV-98-1597, in the United States District Court for the Western District of Oklahoma. Exhibits: None.

35.    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.

36.    Pursuant to Section 307B2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the negotiations for a Collective Bargaining Agreement for FY 1999-2000 between the Police Union, IUPA, Local 24, and the City of Lawton, and take appropriate action in open session. Exhibits: None.

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

The Mayor and Council convened in executive session at approximately 9:15 p.m. and reconvened in open session at 9:35 p.m. with roll call reflecting all members present.

Vincent reported the Mayor and Council convened in executive session to discuss the claim of Jeffrey Compton, and City Attorney's staff would recommend passage of a resolution authorizing the City Attorney's office to settle the claim in the amount of $7,500.

MOVED by Smith, SECOND by Purcell, to approve Resolution No. 99-48. AYE: Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

(Title only)    Resolution No. 99-48
A resolution authorizing the City Attorney to enter into a settlement agreement for the sum of Seven Thousand Five Hundred and no/100 dollars ($7,500.00) as settlement of a claim filed by Jeffrey G. Compton, by and through his attorney, Arthur R. South, and directing the City Attorney to prepare and file a Journal Entry incorporating said Resolution and Settlement Agreement for the Court's approval.

Vincent reported, regarding Item 34, that the Mayor and Council went into executive session concerning David R. Graham vs The City of Lawton, et al., Case No. CIV-98-1597, in the United States District Court for the Western District of Oklahoma. He said no action is required at this time.

Vincent reported, regarding Item 35, that the Mayor and Council went into executive session to discuss the status of the negotiations with the fire union, IAFF Local 1882, and no action is required at this time. Vincent reported, regarding Item 36, that the Mayor and Council went into executive session to discuss the status of the negotiations with the police union, IUPA Local 24, and no action is required at this time.

Mayor Powell stated that Congressman Watts had phoned him at home Sunday night and said he was working hard with Fannie Mae on the national level regarding improvement projects that are on-going, particularly in the Lawton View area, and asked for local support. He said he thought it was very important that local support be provided. Haywood said he hoped that Watts would also support the Economic Development Initiative dealing with Dunbar School.

Smith asked about having budget workshops and Mayor Powell said dates would be set.
Meeting adjourned at 9:40 p.m.