Month 1999-8 August


Meeting of 1999-8-10 Regular Meeting


MINUTES
LAWTON CITY COUNCIL REGULAR MEETING
AUGUST 10, 1999  - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER


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

The meeting was called to order at 6:00 p.m. with Invocation by Rev. Doug Passmore, First Baptist Church East, followed by the Pledge of Allegiance. 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.

PRESENTATION OF EMPLOYEE OF THE MONTH AWARD TO JOHN HOFFMAN, INFORMATION SERVICES DISPATCHER

David Wood, MIS Department, congratulated Mr. Hoffman on being selected as Employee of the Month. He noted Hoffman's ability to remain calm under pressure in the 911 Center and introduced his wife and two children who accompanied him to receive the award. Mayor Powell presented the Certificate of Honor, plaque, and gifts from local merchants. Hoffman said he was honored to receive the award and that the citizens were fortunate to have the 20 employees in dispatch because they do an outstanding job.

Mayor Powell presented a proclamation to Minnette Page, School Board President, and Buddy Braddy, Superintendent of Schools, for "America Goes Back to School".  He said this is done throughout the nation to recognize the need for education.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL SPECIAL MEETINGS OF  JULY 15 AND JULY 22, AND REGULAR MEETING OF JULY 27, 1999.

MOVED by Williams, SECOND by Warren, for approval of the Minutes. AYE: Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED. (Note: Smith abstained from voting on the minutes of July 15)

AUDIENCE PARTICIPATION:

Raymond McCallum presented information regarding Lawton's birthday events and encouraged attendance.

FIRST ADDENDUM ITEM 1: Receive a presentation of $35,323.78 to the Lawton Animal Shelter from Gerald F. Neuwirth, Attorney for the Katherine A. Williams Trust. Exhibits: Letter from Gerald F. Neuwirth, Attorney at Law.

Neuwirth presented a check to Mayor Powell on behalf of the Trust. He explained Ms. Williams' request that the funds be used by the Lawton Animal Shelter. Mayor Powell expressed appreciation for the gift and gave the check to the City Manager.

Mayor Powell said Items 4 and 5 on the regular agenda should be pulled.
SECOND ADDENDUM ITEM 1: Receive briefing from the Airport Authority on economic factors concerning the expansion of the American Eagle hangar to accommodate the new 37-passenger jet planes, and take appropriate action. Exhibits: None.

Beller said Keith Bridges, Airport Authority member,  is developing a package on economic development and the Authority is trying to keep the American Eagle maintenance facility at the Lawton Airport, which is in need of funding and grant funding is being sought. Bridges and the Authority Chairman will make a presentation at a future meeting.

FIRST ADDENDUM ITEM 2: Consider approving Amendment #2 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 from the Institute.

Williams said this is related to Item 10 on the regular agenda. He said all asbestos at the Museum has been removed and they are in the final phase of putting items back, such as electrical work, lighting, etc., which  was not identified in the original asbestos abatement project of $286,000. This agenda item is a request to fund $21,867 of additional work to make the original portion of the offices and shop areas operational. Funding source is shown to be "as identified by Council" but Item 10 identifies Council Contingency as the funding source. Williams said he was not sure that was the appropriate source for funding and did not know if Fund 35 could possibly fund the work, but asked that the funds be provided to complete the renovation.

Shanklin said the asbestos abatement contract came in $70,000 less than anticipated and the minutes would reflect that the City agreed to put back in like manner what was displaced as a result of asbestos abatement. He said Dr. Graybill sent a letter to Council stating more expenses were anticipated as a result of the asbestos abatement.

Baker said the contract was about $100,000 less than the amount appropriated in the budget; some of the funds were used and correspondence was received from the McMahon Foundation asking that those funds not be spent for other items. He said Council later approved an item for $70,000 to be used for this project and those funds were used and this $21,000 would be additional.
Williams asked if funds were available in Fund 35. Baker said no, those funds were reprogrammed into the operating budget this year and it is all identified for specific items. Baker said the only source he knew of at this time would be Council Contingency, and it is still early in the year, but none of it has been spent and the balance is $150,000.

Shanklin asked how this item was different from Item 10. Williams said the only difference is that Paul Fisher, Institute President, initiated the addendum item due to the contract for asbestos abatement being between the City and the Institute, and that he was the initiator for Item 10. Mayor Powell suggested the items be dealt with together. Baker said the City Attorney determined a contract amendment was needed and that resulted in the addendum.

Beller asked if it could be approved, directing the City Manager to find the appropriate funding source for the $21,867.

MOVED by Beller, SECOND by Shanklin, to approve the item and direct the City Manager to find the appropriate funding source for the $21,867.

Warren asked about previous contract figures. Williams said an estimate was $286,000 but the contract was about $187,000, and it covered only abatement but not the replacement items or monitoring of the air quality. Warren asked if the replacement items had been done and Williams said no, that portion of the building is currently dark. Warren said item 7 is to rewire and install new phones, and agreed to the wiring but did not think the new phones for $3,500 were replacements.

Richard Welch, Museum Director, said the offices had to be redesigned and the phone lines had to be changed. There are three offices in what was previously the entry way to the main gallery. In the past, the employees shared offices. Warren said the extra offices were not built due to the asbestos abatement and the $3,500 is not a large amount but it made him wonder if other items were in this category also. Williams said the use in the back part of the Museum has changed and the offices Welch referred to are not actually offices that were constructed with walls but they have partitions between a large open area so employees could have an actual space or cubicle.

Purcell said he had no problem with the amount but questioned the appropriate funding source. He said the Museum budget which was in place previously is no longer there so Council should identify the funding source. Williams said there is an annual contract amount for the Museum. Purcell said the City is obligated to that contract amount and Williams agreed. Williams expressed reluctance from taking the funding from Council Contingency this early in the year and said he did not know which projects were in Fund 35 and felt if a project with a similar amount were in Fund 35 that may not get completed this year, it could be used for this expense.

Baker said he could find $21,000 but would have to take it from one of the department's operating budgets. He said he could do that, and later in the year, depending on expenditures, could ask for funds to be put back into the department. Williams said Council could redirect the money in Fund 35 and Baker agreed.

Devine said it seemed the City used approximately $30,000 and did not put it back. Baker said the City used approximately $20,000, and the remaining was earmarked for the rest of the asbestos project. Devine said it seemed the City should pay this amount.

AMENDED MOTION by Beller, SECOND by Purcell, to approve the funding and the addendum to the contract with the Institute of the Great Plains and that the funding source be Council Contingency. AYE: Devine, Purcell, Shanklin, Beller, Haywood, Smith, Williams. NAY: Warren. MOTION CARRIED.

Mayor Powell asked that Item 28 be stricken from the agenda as requested by the City Attorney. Purcell asked if Item 10 would be stricken and Mayor Powell said action on Item 10 had been completed.

UNFINISHED BUSINESS:

1.    Consider setting a date of September 14, 1999 to hold a public hearing and consider an ordinance closing the platted utility easements on Lots 19, 20, and 21, Block 4, Council Heights Addition located at approximately SE Interstate Drive and SE 7th Street. Exhibits: 1) Application; 2) Location Map; 3) Sewer Atlas; 4) Council Policy 5-1; 5) Letter of request to table item; 6) Letter withdrawing application.

Mayor Powell asked, due to circumstances that have come forward, for a motion not to have the public hearing.

MOVED by Smith, SECOND by Williams, not to have the public hearing. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams, Devine. NAY: None. MOTION CARRIED.

2.    Consider setting a date of September 14, 1999, to hold a public hearing and consider an ordinance closing the park and certain utility easements within the park located on Lot B, Block 4, Council Heights Addition at approximately SE Interstate Drive and SE 7th Street. Exhibits: 1) Application; 2) Location Map; 3) Map (indicating location of utilities within park boundary; 4) Council Policy 5-2; 5) Letter of request to table item;  6) Letter withdrawing application.

MOVED by Smith, SECOND by Haywood, not to have the public hearing. AYE: Shanklin, Beller, Haywood, Warren, Smith, Williams, Devine, Purcell. NAY: None. MOTION CARRIED.

3.    Hold a public hearing and adopt resolutions declaring the structures at 910 ½ SW D Ave., 108 & 108 ½ NW Dearborn Ave. to be dilapidated and detrimental to the health and safety of the community, and remove 806 & 806 ½ SW 15th St. from the condemnation list. Authorize the expenditure of CDBG Funds if necessary, to demolish the structures. Exhibits: Resolution No.'s 99-        ; 99-         ; & 99-       ; (Reports from Fire Marshal and Code Inspector, and Photographs are available in the Code Administration Department).

Dan Tucker, Code Administration Director, said that in July the Council gave Henry Herzig two weeks to obtain a remodel permit; Mr. Herzig has obtained the permit to remodel and he has 180 days to complete the work. Tucker recommended the condemnation be denied.

PUBLIC HEARING OPENED. No one appeared to speak. PUBLIC HEARING CLOSED.

MOVED by Shanklin, SECOND by Haywood, to deny the condemnation request for 910-1/2 SW D Avenue. AYE: Beller, Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.

108 and 108-1/2 NW Dearborn:

Tucker said the Council had given two weeks for the owner and his representative to obtain a permit. He said the permit has not been issued because they were waiting for dimensional information from the engineer who was hired for the project. Tucker said he had no doubt this property would also be permitted due to the effort and expense the owner had put into it so far. He recommended the condemnation be denied.

Shanklin asked if Tucker needed to know exactly how the person intends to do this work and if there are not many ways to build something. Tucker said they asked for dimensions of the span on the second floor because the lumber that is in there now is sagging, and they asked what kind of lumber he planned to use to make the span. Shanklin asked if that is done for everyone and Tucker said yes, when it is a second floor. Tucker said there was a previous issue on extended spans on carports with 2 x 4s and people felt they had been misled by the City on that, but it is a standard question how you will span a space. Shanklin asked if the person can simply say they plan to use 2 x 12s. Tucker said absolutely, and if the 2 x 12 meets the span chart, it is good.

PUBLIC HEARING OPENED. No one appeared to speak. PUBLIC HEARING CLOSED.

MOVED by Shanklin, SECOND by Haywood, to accept Tucker's recommendation to proceed with the remodel permit. AYE: Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

806 and 806-1/2 SW 15th Street:

Tucker said at a previous meeting the owner appeared before Council and was given two weeks to obtain a remodel permit, and if so, that Council would consider removing it from the demolition list. He said the remodeling permit was issued this afternoon and the owner has 180 days to complete the remodel. Tucker requested the resolution be passed to remove it from the demolition list.

Purcell asked if this property is already on the demolition list; Tucker said yes. Purcell asked if a person could obtain a remodel permit once Council condemns the property. Tucker said a remodel permit is not issued in that case, but if the owner can find a Council member or someone to put it on the agenda and have Council reconsider it, then the time can be granted. Purcell said the resolution and policy seem rather worthless. Baker said we are working on a draft of a Council Policy dealing with demolitions and one of the things staff may recommend, and it is certainly up to Council, but once the resolution has passed that it would not come back to Council as a matter of policy to consider repealing the resolution because these things can go on forever. Baker said Council may see that recommendation in the policy that is presented and Council could amend the policy as needed, but that may be staff 's recommendation.

PUBLIC HEARING OPENED. No one appeared to speak. PUBLIC HEARING CLOSED.

MOVED by Haywood, SECOND by Shanklin, to accept Tucker's recommendation and adopt Resolution No. 99-102.
Shanklin said the background shows to remove 806 and 806-1/2 SW 15th from the condemnation list and asked why it was even presented. Purcell said Council previously condemned it and now it is coming off of the list. Baker said Purcell's comments were correct; the owner requested reconsideration and that Council repeal the resolution and that is why it is worded that way. Purcell asked if the recommendation was to leave it on the condemnation list or to take it off. Tucker said his recommendation would follow the Council's guidance two weeks ago that if they requested a permit that he was to issue the permit and they would have six months to do the work and they did obtain the permit. Purcell asked if Tucker's recommendation was to remove it from the condemnation list and Tucker said yes. Smith asked if they have to start remodeling within 30 days or the permit is void. Tucker said yes. Smith said it would then have to come back and go through the whole process again.

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

(Title only)    Resolution No. 99-102
A resolution rescinding Resolution No. 99-82 condemning the structures at 806 and 806-1/2 SW 15th Street, Lawton, Oklahoma.

BUSINESS ITEMS:

4.    Hold a hearing to consider an appeal concerning the Administrative Order to secure property at 612 SW "C" Avenue and affirm, reverse or modify the Administrative Order. Exhibits: Administrative Order; Letter of Appeal; Memorandum from Code Administration Department.

This item was pulled from the agenda earlier in the meeting.

5.    Hold a hearing to consider an appeal concerning the Administrative Order on 1315 NW Maple and affirm, reverse or modify the Administrative Order. Exhibits: Administrative Order; Letter of Appeal; Memorandum from Code Administration Department.

This item was pulled from the agenda earlier in the meeting.

6.    Hold a public hearing and adopt resolutions declaring the structure at 612 SW B Avenue and 703 NW Bell Avenue to be dilapidated and detrimental to the health and safety of the community. Authorize the expenditure of Council Contingency Funds, if necessary, to demolish the structures. Exhibits: Resolution No.'s 99-       & 99-       ; Reports from the Fire Marshal and Code Inspector are available in the Code Administration Department; Photographs are on file in the Code Administration Department.

Tucker presented a video of the structure at 612 SW B and said it is dilapidated. It has been inspected by the Housing Inspector and Fire Marshal and it is vacant, not habitable and in a dilapidated condition. He asked that Council consider the condition of the property.

Purcell asked if the funding source would be Council Contingency or CDBG. Tucker said it would be CDBG if it is eligible, and if not, it would have to be funded in another way.

Williams asked if the owner wanted to demolish the property at a later date. Tucker said yes, the owner had indicated he would like the issue tabled for 90 days and keep the building secured because there is an advantage to him tearing it down at a certain time. Williams asked if this location was discussed a year ago. Tucker said there was discussion about an auxiliary building at the rear of the structure. Beller asked if the building is secured to Tucker's satisfaction. Tucker said it is not secured but the owner has the ability to do that and they had been talking to the owner about doing that but he does not want to secure it if he is not going to get the 90 days. Shanklin asked Tucker's recommendation. Tucker recommended that if it is secured and it is advantageous to the property owner to have it tabled for 90 days, that he suggested that be done. Tucker said he did not have a record of anyone going in or out of the structure and it has not been a problem for gatherings happening there.

Beller asked if a motion could be made to table with the caveat that the building be secured within ten days. Tucker said yes.

MOVED by Beller, to table it with the caveat or condition that the building be secured within ten days to the satisfaction of the Code Administrator.

Tucker asked if it is not secured within ten days, should he bring it back to the next meeting. Beller said absolutely. Shanklin said he did not know why it needed to be brought back; it belongs to Mr. Neal and he will do it and if he does not do it, Tucker should go knock on his door.

MOTION was SECONDED by Devine.

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

Tucker presented video of 703 NW Bell Avenue. Background is summarized as follows: City sent a letter on August 1, 1997 to the owner requesting permission to inspect the building to determine if it was habitable; on August 18 staff met with the owner who said he would apply for a remodel permit; in October 1997 Council approved a resolution condemning the building; on October 16 Council gave the owner two weeks to get a permit and he was issued a permit on November 11; on April 27, 1998, a letter was sent to the owner saying he was in violation and there was a storage shed without a permit; on May 4 it was determined that it was not necessary that the shed be permitted because that was where he planned to keep his tools and building materials during the construction process he had been permitted for. In late May 1998, Mr. Jung asked that the permit be renewed and staff could not issue a renewal as it had been over a year and that Council directed that it come down. In June 1998 staff received the question of why a renewal could not be issued and staff was instructed that the statement on the resolution was not a problem and to issue a permit, so staff said they would issue a permit but Mr. Jung never came in to obtain that second permit.

PUBLIC HEARING OPENED. No one appeared to speak. PUBLIC HEARING CLOSED.

Shanklin said this is in Ward 5 and he knows the individual well, and that the people who live around it had notified him on several occasions that they were tired of looking at it. Shanklin said he had talked to the owner and if Council will give him time to get a building permit, he will take care of it. Shanklin said this is a six-inch concrete wall building and there is not that much involved to put up trusses and a roof, and the owner is a very talented individual who can get the job done. He asked that Council not place it on demolition with the caveat that the owner get a building permit within two weeks.

Williams asked if the owner had indicated why he has not done anything with it over the last two years. Shanklin said yes, because we have not been able to tear anything down or complete our ordinance that passed where if you did not have electricity, gas or water within a year's time, we could make you allow us to inspect that building and have it brought to code, and that was struck down, although the City operated on that for a year or two, or tried to. Shanklin said he told the owner personally to wait and see what came out of it as to what the City could really do, and that he knew the State Statute but the City was trying to clean up the area and he had a lot of areas as bad as this, and this is dilapidated but not structurally unsound. Shanklin said he wanted to give the man two weeks to get the building permit and let him start work; he said it was in his ward and he would be the one taking the heat and was willing to take a little bit more to give the owner an opportunity because he would get the job done.

MOVED by Shanklin, SECOND by Haywood, to give the owner of 703 NW Dearborn two weeks to come in and get a building permit. AYE: Williams, Devine, Purcell, Shanklin, Beller, Haywood, Smith. NAY: Warren. MOTION CARRIED. (Motion was corrected to 703 NW Bell at the City Council meeting held August 24, 1999)

Williams said there was discussion about placarding buildings that are vacant and boarded up, and that the placard was to indicate to police that people should not be hanging around those locations. He asked if we normally do that on all of the houses that are boarded up or something we could start doing. Tucker said if the property is abandoned or vacant or open to transients, we preclude people from using them if they are not habitable and the notice says it is unsafe and cannot be used, but it does not cause any further action to be taken except that it gives authority for someone on the property to be stopped and asked what they were doing and why they were there.

Purcell asked Tucker about the staff time spent on dilapidated structures, and this one is a good example since it has been two years. He asked if that time and effort was taking away from other duties, such as inspection of new buildings or grass and weed abatement, or if separate employees do the condemnations. Tucker said inspection of new buildings is a separate group of employees; condemnations usually also involve buildings being unsecured and properties having high grass and weeds. Purcell said a lot of staff time is being spent on the condemnations in bringing them before Council time and time again and asked if the time could be better used in enforcing high grass and weeds or other inspections. Tucker said the process is expensive in time and notices, certified letters, and applying for remodel permits where the work may not be completed in six months. Tucker said he had spent 50% of his mailing budget already.

7.    Consider awarding a contract to T & G Construction, Inc. for the construction of Detention Reservoir B-1 and authorizing additional funding for this project. Exhibits: Bid Tabulation; Location Map.

Jerry Ihler, Public Works Director, said staff was authorized to advertise for construction bids for this project which is located on the Middle Branch of Wolf Creek directly south of Rogers Lane and east of 67th Street. Bids have been received and staff recommendation is to award to T & G Construction. He said an alternative was chosen earlier this year for a joint project with the Corps of Engineers and Council was informed that the estimated project cost would be $1.7 million for each of the projects. Ihler said this item requests appropriation of an additional $260,000 for this project to award the contract in the amount of $1.5 million; this also provides a contingency.

Purcell asked if this firm had paid liquidated damages in the past. Ihler said not that he was aware of.

Shanklin asked if Ihler went over the bids item by item. Ihler said he did not personally but Engineering had gone over them very thoroughly. Shanklin asked if M.L. Young Construction was located in Lawton. Ihler said no, their main work is water and sewer line construction. Shanklin said the first item on the 10" sanitary sewer pipe, Young is $70,000 higher than the lowest bidder, but the subtotal amount is only about $3,000 difference. Shanklin asked how they could miss the cost on that item that greatly. Ihler said when a contractor prepares a large bid estimate for a great number of varied unit prices, the contractor may put his profit and overhead into different area or items that he feels may be more profitable or where there may be a cost overrun where he could make a little more money. Ihler said when you have this many bid items, it is hard to tell where a contractor is putting his money or where he thinks he can make his profit.

Shanklin said if we do not take the alternate, M.L. Young would be the low bidder. He said BJP had $120,000 for Class A Concrete, and CP Integrated has $24,000, which appeared that someone did not want to take this job on. Shanklin said Young has $92,000 and the low bidder has $101,000. Ihler said with regard to the concrete, T & G Construction has its own concrete plant. Shanklin said Young is lower than the man who has the concrete plant. Ihler said he could not say where the profit was figured in the job. Shanklin said he did not think they would add profit in each little aspect of the bid and that he did not like it. Shanklin asked if anyone got to see the engineer's estimate. Ihler said no, it is submitted in a sealed envelope, as are the contractor's bids.

MOVED by Purcell, SECOND by Smith, to award a contract to T & G Construction for the construction of Detention Reservoir B-1 in the amount of $1,505,045.

Shanklin asked the size of the bridge, the three-cell concrete box structure at 67th. Ihler said it is three cells, 14 ft.  x 6 ft., and the structure itself is being constructed for only a two-lane facility; the opening of the cell is 14 feet wide by six feet high. Shanklin asked the width of the road and Ihler said probably 30 feet.

Shanklin asked why the bridge had to be that big and if it was similar to the bridge at 13th and D Avenue, and asked if it was Council policy to build to accommodate the 100 year flood. Shanklin said if that is the Council policy, it should be looked at. Ihler said we do have a policy where the designs for primary channels should be to accommodate the 100 year flood, and the difference in design between a ten year storm and a 100 year storm is not that great as far as the size of the structure itself.

Shanklin asked if the road ever floods there since they have a $1.4 million detention pond behind them. Ihler said he could not say, and the current facility is a corrugated metal tin horn. Shanklin asked how much money was in the bid for the bridge and if it was an alternate. Ihler said it was not an alternate; the concrete, reinforcing steel and crushed aggregate for underneath is about $140,000. Shanklin asked the cost of the bridge at 13th and D and Ihler said he did not recall. Shanklin asked Ihler if he felt it was necessary to build the bridge. Ihler said yes, it is needed to handle the capacity and it was also the recommendation of the consultant who prepared the design. Shanklin said the bridge at 13th and D falls off one foot coming across a 22' x 15' channel, and that was Council policy, and that he could not support that and that he would like to pull this out due to the cost.

Beller asked if something was needed to convey the water from one side of the road to the other. Ihler said some type of structure would be needed for that. Shanklin said it is there now, and there is a $1.4 million detention pond right behind it and it would not flood 67th Street. Shanklin said that is a lot of bridge and a lot of money to spend when we do not have it; we are not going to make 67th Street four lane but will have a nice, big bridge there, and it is too expensive to do that; only a 24" stream can come through there, with the exception of what may come off of the hill with the one house on it and has other drainage. Shanklin said we could have built B-1 to begin with and covered more area but politics came into play. He said he wished Ihler was not so stuck on having the bridge and that we did not know what the 100 year flood was. Ihler said we do have technology and computer models available with regard to the 100 year flood, and this is the size structure that will be needed; staff reviewed it and agrees with it. Shanklin said the consultant makes money on how big the project is. Ihler said the consultant had a lump sum fee rather than a percentage of construction, and that he would verify that.

Warren asked if Shanklin was speaking of flooding on 67th Street by Grayson Mountain. Shanklin said yes. Warren said the 9-1-1 tapes from the last storm, there was a boat on 67th Street loose, and that would indicate it had flooded. Ihler said it currently overtops the existing structure if there is a large storm.

Baker asked Purcell if his motion included the appropriate funding as recommended to bring it to $1.6 million. Purcell said yes. Ihler said that would allow for contingency and testing of the materials.

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

8.    Consider reassigning the water tapping process, equipment and personnel from the Revenue Services Division, Finance Department to the Water Distribution Division, Public Works Department. Exhibits: None.

Devine said he felt there would be a savings in time and money if the water meter taps and boring were moved back to the Water Department, Field Utilities, to include the equipment, so we do not have to loan equipment from one department to the other to try to fill a job, or rent equipment.

Williams said this was discussed in a budget session; he requested staff comments. Baker said this was looked at as an option when he was preparing the preliminary budget and he was considering the transfer but there were so many other items for him to be concerned about, he did not pursue it. Baker said Public Works at that time was not thrilled about getting any additional responsibilities and it seemed to be working where it was so he did not make the change. Baker said he had talked with both departments since the item was placed on the agenda, and we do not have a problem doing this and it would work in either place and it may even work better and there may be more flexibility with those resources and he did not object if Council wanted to do this. He said the reason this was transferred from Public Works to Revenue Services was because for a time the taps were not given the priority they should have had because Public Works was so busy doing other things and their priorities are to repair water lines, so the taps would wait and people would be upset because it took so long to do the taps, so the decision was made in the past to move the operation out of Public Works where it would get more priority. Baker said he would feel comfortable with it any place and had no objection to this move.

Smith asked if Public Works was less busy now than they were then, or more. Baker said he thought Public Works was probably busier than they were and suggested Ihler speak. Ihler said they were seeing a greater number of breaks in the system than they were then, but since that time, there has been a change in management with regard to having a new superintendent and a new assistant director, and they felt they could handle the change over and assign the priority necessary to make the taps. Ihler said he felt it was advantageous to have the entire water system, the mains and taps to the main, under one department with regard to water distribution. He said he did not want to take anything away from Revenue Services which had done a very good job with regard to taking care of the problem that existed in the past, and that Public Works had the employees to make this work.

Steve Livingston, Finance Director, said this function includes one employee, a tapping machine and a boring machine, and another small machine that has a small amount of backhoe capability. He said his employees had been fairly successful in doing this, and when people want a tap, they come to City Hall and ask for a tap, and in past years the taps took a backseat so people called the City Manager because they had to wait for two or three weeks. Livingston said at that time, the water superintendent said he would give the equipment and a man to do the work, and transferred that responsibility, and Revenue Services has done fairly well in carrying it out. He said every year, they request another person and talk about all of the things that this function could do, and a part of this function is all of the big meters from 1-1/2" and up and that includes testing for Fort Sill, Goodyear, and all of the big meters. Livingston said if you have meters that are dead when they go out to read them, then they take care of the meter, and all of these functions are included in this. He said the 1" and 5/8ths inch meters would stay in the Finance Department, and the reading and turning off and on, and this is just installation of the bigger meters and taps.

Shanklin asked if Revenue Services had a backhoe. Livingston said no. Shanklin asked how they get down to the line and Livingston said they rent a backhoe and it is charged to the customer under the Code; the actual cost of tapping the line is charged to the customer. Shanklin asked if Revenue Services had to have any help from anyone in Public Works ever. Livingston said he would not say ever because they may have to cut off a main or something like that, and Mr. Carson could address the more technical questions. Shanklin asked how many people it took to do the boring and tap the main and set the meter. Livingston asked Carson to respond.

Ralph Carson, Revenue Services Supervisor, said they have two boring machines, the 360 trencher/tractor received from Public Works, and that takes one person primarily to operate it. He said the new boring machine was purchased jointly between Revenue Services and Electronics, and it has a depth and accuracy control for the bore, and it takes two to three people to operate. Carson said they have trained personnel operating the equipment.

Devine asked Carson how often he had to call Field Utilities to use the backhoe since Field Utilities digs out the main for Revenue Services, then Revenue Services taps it, and Field Utilities has to sit there and wait or come back and cover it back up; he asked how often that happens. Carson said that has not happened in almost two years. Devine said that seemed funny because he had seen it happening several times, and had seen five or six pieces of equipment sitting out there that should be used somewhere else and was called off to back up Revenue Services. Carson said he had records where he had rented backhoes from Rent X. Devine said he was not talking about renting, he was talking about borrowing from the Water Department down at the City Shop that they have to come up and dig out mains for Carson. Carson said the last time they borrowed a backhoe for any type work with Field Utilities, Water Distribution, was when they installed the Mayor's meter out on 52nd Street.

Devine said he wanted to bring out something that was personal and it may not be the right time but that he wanted it brought out. He said he understood Carson had made a statement that he (Devine) was in partners with a gentleman that works for the City in the Water Department. Carson said he did not make that exact statement, no sir. Devine said he wanted it clear that he did not do any business with anybody and did not have any partnership with anybody, and if Carson had a problem with that, he needed to talk to him and did not need to spread it out. Devine said the main reason he brought this up was that he felt this would be a savings to the City to move this back into the department where it belongs, where they do all the water taps because if the water tap is not made properly, then the City water department has to go back and repair that; this was a stepping stone to where we would eventually start doing all of the water taps for all the people in Lawton instead of having a contractor do it and it would eliminate any contractors doing any taps on a main because the City is responsible for the water mains and if they are not tapped properly by a general contractor, and Carson was only doing the larger sizes, but the main purpose was to try to get back to where we have control of the water taps and make them where we want them, not where a contractor decides to put it next to a high line pole where it would be difficult to repair. He said he put a lot of thought into this before bringing it to the Council.

Purcell asked how many people were doing the boring and tapping. Carson said he had one person who had this as his primary job, and when they have a bore or tap job, they cause the meter readers to read ahead to allow them to assist the employee in the digging, watching, spotting or whatever is needed.

Purcell said he did not understand the need to move the function and agreed the City should do all of the tapping, but did not understand why it should be moved. Devine said he had received a lot of concerns from the Water Department that it needed to be back down there because they are having to loan equipment; one department says one thing and another department says another, but he had seen where we have had to borrow equipment from one department and put it in another and five, six or seven people on a job when two people could have done it. Devine said there were seven employees and five pieces of equipment at a job on C Avenue and that was ridiculous and it would not have been that way if it would have been in the water department because they would have had three people.

Beller said Carson said they had not been borrowing the equipment so he could not see what would be gained by taking it from one place and putting it in another; what would the benefits of the move be. Devine said he would like to see the City do the tapping on all water and sewer mains because we are having problems in getting the mains torn up, especially sewer mains, so it should all be moved to the water department as far as water meters so we can take care of the taps in the division that does the repairs.

Devine said we have also gotten into tapping on the back side of the main and loop it back over the top of the main, and every time the City has to make a repair, they tear out the tap because that is the way the taps are being made. Mayor Powell said we would control our own destiny if the taps were moved. Beller said he could see that if the City did all of the tapping that it should be in a department such as that, but contractors do tapping now and the City does not do all of them. Devine said anything 1-1/4 to 1-1/2 inch and up is done by the City, and anything smaller is done by a contractor. Mayor Powell asked if that was mandatory. Devine said he thought it was a policy. Carson said the City does 1-1/2 inch and 2 inch taps; three inch and above must be done by a licensed contractor but there are very few of them that are that large and his equipment was not capable of doing them.

Beller asked what it would cost to get the equipment to do all of the taps three inch and above and if the City would have to buy it. Carson said the City would have to buy it. Devine said the City had the equipment. Carson said he did not know if Public Works had a tapping machine that size or not.  Beller said it was a confusing issue as to the sizes and equipment and who was in charge of which ones.

Purcell said he was also confused and asked if the City tapped from a certain size on up, but if it is three inches or above, it must be a contractor. Carson said in one case, Engineering had to be get bids from a firm in Oklahoma City because no one locally could do the tap. Purcell asked Devine if an item would be returned later that the City would do all of the taps. Devine said that was the next thing he planned to do. Purcell said it would need to be in Public Works to be able to do that and Devine agreed.

Warren asked Ihler if he had the equipment being discussed. Ihler said he knew they had equipment to do larger types, but that he did not know the exact sizes. Ihler said regarding the advantages, in the past there had been times when Public Works had dug the boring pit and Revenue Services would make the tap or set the meter and move on, then Public Works would backfill the hole, and in that case, you could have two from Public Works on the job site and two or three from Revenue Services, and you could have four people on the job site; if you put it all in one department, then two people can dig the hole, do the tap, and backfill. Ihler said he understood Revenue Services had been renting a backhoe to resolve that issue. Ihler said another advantage would be with regard to use of the new boring machine; there may be 20 to 25 taps per year for the large meters but the water department would be able to use the boring machine on almost a daily basis. Ihler said when they were not doing taps, they could be replacing old lead service lines under streets and the boring machine could be used in that work, and that would be the main advantage.

Haywood asked if the employees would keep their jobs and if they would be transferred to another department. Ihler said it was his understanding that the one position would be moved from Revenue Services to Water Distribution, so it would just be a transfer.

MOVED by Devine, SECOND by Beller, to transfer this function back to the Public Works Department. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Williams, Devine. NAY: Smith. MOTION CARRIED.

9.    Adopt a resolution rescinding Resolution No. 99-84 condemning the structures at 1907 NW Andrews Ave. Exhibits: Resolution No. 99-103. (Reports from the Fire Marshal and Code Inspector and photographs are available in the Code Administration Department).

Williams said Mr. Denning is in the audience this evening and he purchased the property which had sustained a fire in the rear portion of the house. He said Council tabled action the first time and made a motion to condemn the next time. Williams said Denning purchased the property at a Sheriff's Sale not knowing the Council had taken action regarding condemnation. He said Mr. Denning could speak if Council so desired. Beller said he felt Williams had explained the situation adequately.

MOVED by Williams, SECOND by Haywood, to adopt Resolution No. 99-103 removing 1907 NW Andrews from the condemnation list and allow Mr. Denning a couple of weeks to come in and get a building permit to remodel that structure.

Shanklin said the Code allows a person 180 days to finish work under a remodel permit regardless of how long the property has been in need of attention. He suggested staff consider drafting an ordinance to allow Council to tell someone to start construction in two weeks or 30 days or the permit would be canceled. Shanklin asked Tucker if he felt that would be helpful. Tucker said having the Code define "beginning the remodel" would be helpful; current regulations say if you do not begin within 30 days, the permit is void, so a person may go out and kick in the back door and feel they have started the work. Shanklin said the amendment he mentioned would not work, although he shared Purcell's concern that properties keep coming back time after time because they are sold and another person comes in, but if they do not start, it should be back before Council quickly. Tucker said once the permit is revoked, the property should be returned saying the work was not satisfactorily completed under the permit.

Devine asked if a dollar amount on the beginning would be helpful. Tucker said he needed to look at that and see what a reasonable beginning would be. Devine said it did not appear much progress was being made. Purcell said the Council causes that to happen in taking properties off of the condemnation list. Shanklin said Council should have the right to tell someone they had to complete their work in 90 days instead of allowing the 180 days, and that some have sold their property five months after being given the permit. Purcell said protection should be in place for that circumstance. Tucker said once Council condemns the property, at that point, a notice is filed and it is an obligation of the seller to provide that information to anyone who may purchase the property. Tucker said in this instance, the owner was notified it was coming up for consideration, they had abandoned the house and Denning bought it at a Sheriff's Sale before it came to Council.

Mayor Powell stated for clarification, this is Resolution No. 99-103 because Council had passed only one resolution up to this point.

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

(Title only)                                               Resolution No. 99-103
A resolution rescinding Resolution No. 99-84 condemning the structures at 1907 NW Andrews Avenue, Lawton, Oklahoma.

10.    Consider funding additional costs of asbestos abatement at the Museum of the Great Plains. Exhibits: Letter from the Museum of the Great Plains.

This item was disposed of earlier in this meeting as shown above.
CONSENT AGENDA:

11.    Consider the following damage claim recommended for denial: Dorothy Leopard. Exhibits: Legal Opinion/Recommendation. Action: Denial of claim.

12.    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: Richard & Judy Sue Moore Blakely and Southwestern Bell Telephone Company. Exhibits: Legal Opinions/Recommendations; Resolution No. 99-104; and 99-105.

(Title only)    Resolution No. 99-104
A resolution authorizing and directing the City Attorney to assist Richard and Judy Sue Moore Blakeley in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the reduced amount of One Thousand Three Hundred Seventeen Dollars and 71/100s ($1,317.71).

(Title only)    Resolution No. 99-105
A resolution authorizing and directing the City Attorney to assist Southwestern Bell Telephone Company in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the reduced amount of Five Hundred Eleven Dollars and 10/100s ($511.10).

13.    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 Larry R. Odom in the Workers' Compensation Court, Case No. 99-3773R. Exhibits: Resolution No. 99-106.

(Title only)    Resolution No. 99-106
A resolution ratifying the actions of the City Attorney in making payment of the judgment in the Workers' Compensation case of Larry R. Odom for the amount of Nineteen Thousand Three Hundred Eighty-Three Dollars ($19,383.00) 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.

14.    Adopt a resolution authorizing the Mayor and City Clerk to execute an agreement with the Oklahoma Department of Transportation (ODOT) for the intersection modification and traffic signal at Lee Blvd. and SW 52nd Street. Exhibits: Location Map, Agreement, and Resolution No. 99-107. *Note: This resolution does not have a title as it is in the ODOT format.

15.    Adopt a resolution authorizing the Mayor and City Clerk to execute an agreement with the Oklahoma Department of Transportation (ODOT) for the intersection modification and traffic signal at Lee Blvd. and SW 67th Street. Exhibits: Location Map; Agreement; and Resolution No. 99-108. *Note: This resolution does not have a title as it is in the ODOT format.

16.    Consider approving the construction plat for BWRW Development. Exhibits: Plat Map. "Background: BWRW Development is located southwest of the intersection of Interstate Drive and SE H Avenue and consists of 13 lots. The zoning of this subdivision is I-3 (Light Industrial District). The developer is BWRW Development and the consulting engineer is Landmark Engineering. LMAPC approved the construction plat on July 28, 1999. Action: Approve the construction plat for BWRW Development.

17.    Consider setting a date of September 14, 1999 to hold a public hearing and consider an ordinance closing the platted alley in Block 7, Original Townsite located between 6th and 7th Streets and Gore Boulevard and A Avenue. Exhibits: 1) Application (on file in Planning Department); 2) Location Map; 3) Council Policy 5-1. Action: Approval of item to set date.

ITEM 18 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

19.    Consider approving the appointment of Alford A. Bratcher as an Alternate Municipal Judge and authorizing the Mayor and City Clerk to execute the agreement. Exhibits: Proposed contract with an Alternate Municipal Judge, Alford A. Bratcher. Action: Approval of item.

ITEM 20 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

21.    Consider authorizing application for a Department of Justice Grant and authorizing the Mayor to appoint a committee as required by the grant conditions. Exhibits: Letter to Mayor Powell of opportunity for grant. Action: Authorize the application for the grant and authorize the Mayor to sign the necessary forms and appoint a committee. Commit the grant match amount from the general fund for the required match ($23,092.00).

22.    Consider approving the following contract extensions:
A) Banking Service with Local Oklahoma Bank, successor to Citizen's Bank
B) Prefabricated Refuse Container Bottoms with Roll-Offs of America
C) Metal Products with Larrance Steel Corp.
D) Asphalt Crack Filler Material with Sorco Products, Inc.
E) Polyurea E.P. Grease with Glenn Oil Company, Inc.
F) Decontamination & Cleaning of Bunker Clothing with Fire Brigade Mfg. Inc.
G) Rental of Linen Service with Quality Enterprises
H) Drainage Fabric with Maxwell Supply Co.
I) Data Telemetry Radios with Southwest Communications.
Exhibits: Fact Sheet. (Contracts, information from previous bid award on file in City Clerk's Office). Action: Approval of item.

23.    Consider awarding contract for Water Clarification Chemicals. Exhibits: Department recommendation and Abstract of Bids. Action: Award contract to Gulbrandsen Company, Inc. (Item 1) and Calgon Corporation (Item 2), and authorize execution of contracts.

24.    Consider awarding contract for Root Saws. Exhibits: Department recommendation and Abstract of Bids. Action: Award contract to Midwestern Equipment Company and authorize execution of contract.

25.    Consider awarding contract for Steel Posts. Exhibits: Department recommendation and Abstract of Bids. Action: Award contract to Fence & Supply Store (Items 1, 2, 3 and 4) and to Vulcan, Inc. (Item 5) and authorize execution of contracts.

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

Traffic Commission: Sgt. Allen, Undefined Term, Fort Sill Member

Census 2000 Committee: Dennis Lang, Jan Stratton, Chuck Morgan, Don Sullivan, Linda Dzialo, Tom Thomas, Marilyn Feaver, Virginia Brewczynski, Pat Henry, Annette Dawkins, Albert Johnson, James Wood, Annette Briley, Frank Walker, Jean Harbison, Carl Fred Bishop, Sandra James, Odell Gunter, Kay Love,  Dr. Gary Cook, Col. Robert A. Cline.

27.    Consider approval of payroll for the period of July 26 through August 8, 1999.

Jensen asked that the contract in Item 19 be corrected with regard to language with regard to fringe benefits and retirement provisions that did not apply in this instance.

Haywood asked for separate consideration of Item 18. Warren asked for separate consideration of Item 20.

MOVED by Shanklin, SECOND by Haywood, to approve the Consent Agenda items as recommended, amending and approving Item 19 as noted, and deleting Items 18 and 20 from the Consent Agenda for separate consideration. AYE: Beller, Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.

18.    Consider acknowledging completion of the reconstruction of SW Douglas Avenue from SW 15th Street to Sheridan Road as constructed by the City of Lawton Street Division. Exhibits: Memorandum dated July 21, 1999 from Street Division Superintendent.

Haywood expressed appreciation from residents of Ward 7 for the wonderful job done by the Public Works Department and said the residents on Douglas would like to have a party for the employees who did this work. He said the improvements made a vast difference to the community. Mayor Powell said the base work was excellent and the road should last for a long time.

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

20.    Request acceptance of donated equipment from the Junior League of Lawton. Exhibits: None.  Equipment will be ten automated external defibrillators and one thermal imaging device for use by the Lawton Fire Department.

Warren said it was a wonderful thing when citizens as groups or individuals put forth the time and energy to provide the public with something and that he appreciated the work done by the Junior League and by Mr. Barfield in getting this accomplished.

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

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
Smith said the City is a United Way Pacesetter Organization this year. He said on August 16, Monday, at 5 p.m. there will be a Fun Day for the organizations involved. Smith said he needed two other members to join himself, Baker and Jackson as a team of five to participate in the events, such as egg toss and water balloons.

Williams said Council members received phone calls from a lady who took issue with the condition of Highland Cemetery. He said he agreed it looked bad at that time and that crews were helping with the storm damage. Williams said he drove through again recently and it was improved 100% and the crews should be commended.

Purcell commended the Police Department for the crime statistics to be down again and that is great for the citizens of Lawton.

Beller said last night when Council was discussing the school proposal he questioned the City Attorney as to whether there was a conflict of interest between employees of the Lawton Public School system. He said if he implied in any way to impugn anyone's integrity he wanted to apologize. Beller said his question was a sincere concern as to whether there could be a possible conflict of interest, and that he still believed that Haywood voted and did have a conflict of interest and he wanted to bring that in. He said he did not mean to impugn anyone's integrity or offend anyone in any way, and that he especially wanted to apologize to the wives of Council Members Purcell and Smith.

Baker said on the movement of the tapping function, he would like to do that effective September 1 as there are details and accounts to be taken care of.

Baker said he and Tucker had discussed a procedure that was causing some problems in the community and aggravating citizens. He said when we inspect for high weeds and grass and go back and find it has been abated and we go ahead and post the property any way and send the notice; people are getting that but they have abated the problem and they do not understand why they are getting the notice and it is causing problems, and they are considering changing the policy. Baker said he thought the benefits we were getting from that did not justify the aggravation that we are causing our citizens by doing that this way. Purcell suggested that this be considered if the inspector has to go out a second time and then maybe do it at that point in time, because some are habitual and mow on the 9th day and let it grow again. Purcell said he agreed it might be best not to do the notice the first time, but if the property is habitual, it would be good to do the notice so it could be mowed quicker. Mayor Powell said when we hang a tag on their property saying they are not in compliance when they are in compliance, any time you do that you are losing a vote and people are offended by it, and this will be looked at and corrected. Haywood said some people do not realize they have to cut the easement behind the fence and he encouraged people to cut the entire easement behind the fence instead of just half of it to be a good neighbor.

Mayor Powell said tomorrow the birthday celebration would begin at 6:00 p.m. and at 7:00 p.m. there would be an announcement of the oldest and youngest in Lawton born on Lawton's birthday. There will be birthday cake, square dancing and street dancing in the Library Plaza area.

Mayor Powell said he had a major announcement to make tonight but would not be able to do so at this time, although he had received a positive, verbal answer on the telephone, so he apologized in advance if Council saw the announcement through the media first. He said he did not feel he was in a position to be able to make the announcement at this time.

BUSINESS ITEMS:

28.    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.

Item 28 was removed from the agenda earlier in the meeting.

29.    Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the negotiations for a Collective Bargaining Agreement for FY 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 Haywood, SECOND by Warren, to convene in executive session to consider Item 29 as recommended by the legal staff. AYE: Smith, Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. MOTION CARRIED.

The Mayor and Council convened in executive session at approximately 7:50 p.m. and reconvened in regular, open session at approximately 8:05 p.m. with roll call reflecting all members present.

Jensen reported the Mayor and Council had met in executive session with regard to Item 29 as listed on the agenda regarding the police union contract and considered an offer made by the police union. He requested Council consider a motion to accept or reject the offer made by the police union.

MOVED by Devine, SECOND by Warren, to reject the offer of the police union. AYE: Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams. NAY: None. MOTION CARRIED.

Mayor Powell said there is a special Council meeting next Tuesday at 5:30 p.m.

There being no further business to consider, the meeting adjourned at 8:07 p.m. upon motion, second and roll call vote.