MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

AUGUST 24, 1999 - 6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor Cecil E. Powell,        Also Present:

Presiding        Bill Baker, City Manager                John Vincent, City Attorney

            Brenda Smith, City Clerk

            Lt. Col. Jeff Ewing, Fort Sill Liaison

    

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

ROLL CALL

PRESENT:    G. Wayne Smith, Ward One

        Richard Williams, Ward Two

        Glenn Devine, Ward Three

        John Purcell, Ward Four

        Robert Shanklin, Ward Five

Charles Beller, Ward Six

        Stanley Haywood, Ward Seven

        Randy Warren, Ward Eight

ABSENT:    None.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL SPECIAL MEETING OF AUGUST 9 AND REGULAR MEETING OF AUGUST 10, 1999.

AUDIENCE PARTICIPATION: None.

BUSINESS ITEMS:

1.    Hear appeal of Donald E. Gaskins from the decision of the Building Development Appeals Board and take appropriate action. Exhibits: None. (Information packet provided separately)    

Mayor Powell said a request had been received to table this item.

MOVED by Smith, SECOND by Purcell, to table this item until September 28, 1999. AYE: Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

ADDENDUM:

1.    Consider approving an ordinance assessing and levying a one and one-quarter percent (1.25%) sales tax to be collected from January 1, 2000, through December 31, 2004, for the purpose of financing capital improvement projects of the City and providing for the administration of the collection of the sales tax. Exhibits: Ordinance No. 99-29.

Vincent said at the direction of Council at the last special meeting, certain items were placed in priority for inclusion in the 1-1/4 cent sales tax to replace the outgoing sales tax effective January 1. Beller asked if there is a limit to the number of words that can be included in a ballot. Vincent said yes, each ballot proposition is limited to 150 words, and the ballot is included in the next agenda item with the resolution and election proclamation.

MOVED by Smith, SECOND by Shanklin, to approve Ordinance No. 99-29.

Williams said he had a question for the City Attorney, and it had been asked once before during similar proceedings but he would ask it again for the record regarding Council Member Haywood's position on voting this evening, and asked for the City Attorney's recommendation. Vincent said in his opinion, as he stated at a previous meeting, he believed it would be a conflict of interest if Mr. Haywood cast a vote on this item. Shanklin asked if that was due to City Code as opposed to State Statute and Vincent said that is correct.

Shanklin asked about people voting who did not pay their franchise tax that sit on the Council and asked if they could vote. Vincent said franchise tax has nothing to do with this item. Shanklin said he understood that but if we are challenging who can vote, he wanted to challenge someone who had not paid his franchise taxes on Cablevision, if you have not paid it, how can you sit here and vote.

Vincent advised the ordinance should be read in its entirety.

Williams asked the number of votes required to pass ordinances and resolutions. Vincent said this particular ordinance requires five votes, and the next resolution also requires five votes.

Mayor Powell read the ordinance in its entirety as follows:

(ORDINANCE AVAILABLE IN CITY CLERK'S OFFICE)

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

2.    Consider approving a resolution authorizing the calling and holding of an election in the City of Lawton, State of Oklahoma, for the purpose of submitting to the registered qualified electors of said City the questions of the issuance of the bonds of said City in the sum of twenty three million dollars ($23,000,000) to provide funds for the purpose of water system improvements to be owned exclusively by the City; of the issuance of the bonds of said City in the sum of one million six hundred thousand dollars ($1,600,000) to provide funds for the purpose of improving streets in the City; of the issuance of the bonds of said City in the sum of one million three hundred thousand dollars ($1,300,000) to provide funds for fire stations to be owned exclusively by said City; and levying and collecting an annual tax, in addition to all other taxes, upon all the taxable property in said City for the payment of the interest and principal on said bonds; and of the approval or rejection of Ordinance No. 99-29 of the City relating to an additional one and one-fourth percent (1-1/4%) sales tax of the City and defining the purposes for such tax including specified City purposes and to assist Lawton Public Schools; and declaring an emergency and authorizing the Mayor and City Clerk to execute the Special Election Proclamation and Notice. Exhibits: Resolution No. 99-109; Special Election Proclamation and Notice.

Vincent said Ordinance No. 99-29 was approved by the last vote; two documents are contained in this item, the resolution authorizing the calling of an election and proposing the ballot titles on the four issues to be voted on. Proposition One is the approval of Ordinance No. 99-29 calling for the 1-1/4% CIP sales tax; Proposition Two is the $23 million issue for the rehabilitation and improvements to the water treatment plant at Medicine Park and other water improvements; Proposition Three is for improving streets within the City in the amount of $1.6 million; and Proposition Four is for the relocation and rebuilding of Fire Station #5 not to exceed $1.3 million. The ballot titles are set out in the proposed resolution. The second document is the Special Election Proclamation and Notice which sets the election date for November 9, 1999, and contains the four propositions, as well as a brief description of each of the projects. Propositions One, Two, Three and Four will actually appear on the ballot. He recommended approval of the documents.

Baker asked if the Special Election Proclamation and Notice had to be published in the newspaper. Vincent said the resolution must be published in the newspaper and it is basically the same document.

Purcell recommended a change to Proposition One to be more specific. He said about half way down where it states a period of five years commencing on January 1, 2000 and ending on December 31, 2004, all revenues, and strike the words "and proceeds" since it is a duplication and would save words, to achieve the 150 word limit on the ballot title. He said the language on down states "as specified in the ordinance including landfill, water system, street and park improvements, economic development" and he recommended striking the word "and" and substitute "build central junior high and other improvements", and strike the words "and facilities" and at the end strike "of Comanche County". Purcell said it would then read in the proposal that will be seen in the newspaper and people will vote on, it will specifically say build central junior high and other improvements.

Chuck Wade, Attorney for Lawton Public Schools, suggested changing it to say Lawton Public Schools instead of Independent School District No. 8. Vincent noted the other school districts within the Lawton city limits are Bishop, Flower Mound and Cache. Wade agreed and said there are other Independent School District No. 8's in the State of Oklahoma and that he did not want any confusion; every county has districts starting with number one and up to how ever many district there are. Purcell said the only reason for that change was to be able to stay within the 150 words, and the intent was to clearly show the purpose was to build a new central junior high school. Shanklin said it would be hard for someone to try to get in on it when it was a Lawton ordinance. Wade said he did not feel anyone else could claim they were entitled to those funds but wanted it to be clear and that he saw no problem. Vincent agreed.

Warren said we have all spent a week at home and at work answering telephone calls and the citizens do not want these items together. He asked that Council consider separating the items. Warren said there is nothing to say we cannot take Lawton Public Schools out of this ordinance and out of this vote of the people and after this election is over, do it by itself. He said he would hate to have any litigation because of the super majority to draw down funds from our capital improvements program because if this fails, which if the phone calls are any indication, it will fail ugly and we will lose $4.5 million. Warren asked if it was worth it to gamble $4.5 million of the citizens' money; it will be six months before another election can be held and in six months, we will lose $4.5 million in revenue.

Mayor Powell asked six months from when and Warren said six months from when this fails. Mayor Powell asked Vincent if that was correct, and Vincent said it would be six months from November 9 if the election is held on that date and the items do not pass.

Shanklin said he had received calls in favor of this proposal, and those who were hostile to it, after receiving an explanation that they own both entities, the school board and city hall, that changed the complexion to every one of them without fail. He said we should go to work on this and show we are united. Shanklin said we are not trying to deny the fact that we are trying to beat the super majority and 57% of the people have been voting for it, and he felt they were still out there. He said the school system will help us, and there will be some on the Council who will bad mouth it but they may not have the following they think they have. Shanklin said he was prepared to go after it and knew there would be support from the television station and the newspaper, and we either step into the 21st century with this program or remain as a kind of semi-third world city, and there are enough people who understand the problems and what we are trying to do and we are presenting those problems and proposed solutions to the citizens and asking for their help. He said it will not pass by 90% and all we have to have is 50% plus one and he felt it would be over 60% to pass.

MOVED by Smith, SECOND by Shanklin, that Proposition One read as changed by Purcell. (motion clarified below)

Beller asked if audience participation would be accepted at this time and Council agreed to receive comments.

Mike Hamovitz, 1708 NW Williams, said he might have a conflict of interest too because he works for Lawton Public Schools and also works for another local company. He said the employees he had talked to were all for the CIP. Hamovitz said the reason they had trouble getting the funds for the Lawton Public Schools to build a school is because it always comes down on the property owners, and the property owners, such as himself and Shanklin, were getting taxed to death. Hamovitz said the CIP will take it from everybody; everybody that comes into Lawton and buys something at Wal-Mart will help buy the central junior high school. He said the people he had talked to, the senior citizens he works with, are tired of hearing the bickering and want the Council to get together and agree on some stuff.

Purcell said in order for the city and schools to do what they need to do for the citizens of Lawton, both the CIP and ad valorem have to pass. He asked if Hamovitz would support the 10 mill ad valorem levy. Hamovitz said yes.

Vincent asked if the motion was to approve the resolution as amended and the special election proclamation and notice as amended. Smith said yes. Mayor Powell said there was a second by Devine and also by Shanklin; both agreed this was the motion.

Vincent read the resolution as follows:

(RESOLUTION AVAILABLE IN CITY CLERK'S OFFICE)

Baker said some of the language indicated the water plant would be built in the southeast part of the city. He said we are looking at locating it outside the City limits so he suggested changing it to say southeast of the city. This change was agreed to.

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

Purcell said now that we have finally voted and decided what to do, this is what democracy is all about and the majority has ruled tonight. He said it was critical that the Mayor, Council and the five members of the school board must now go out and support this, regardless of what anyone thought before, we need to support this. Purcell said we need to support not only the CIP, but also the ad valorem and both have to be passed together to do what we said we wanted to do for the citizens of Lawton.

2.    Hold a hearing to consider an appeal concerning the Administrative Orders on 209 SE 7th, 212 SE 6th, 208 SE 6th and 609 SE C Avenue and affirm, reverse or modify the Administrative Orders. Exhibits: Administrative Orders; Letter of Appeal; Memo from Code Administration

Dan Tucker, Code Administration Director, said he received a telephone call in July from the appellant, the Lawton Housing Authority, claiming that one of the employees that worked for him was on a vendetta against them because he spent too much time at the Housing Authority and that he had received a parking ticket while there; the employee in question had moved his elderly mother in-law and father in-law here and they are residents in the Lawton Housing Authority. He said the employee goes by and checks on them during his lunch and that he (Tucker) was aware of that, and that there were at least two instances where he went by to assist his mother in-law in getting his father in-law back up; both in-laws are 85 years old and the father in-law is blind.

Tucker said during the phone conversation, it was alleged that attention was being given because of some discussions about a parking ticket, etc.  He said he did not discuss that with the employee because he (Tucker) was the person who initiated the increased emphasis in the mowing procedures and administrative orders; we have discovered properties within the City that belong to entities that we had been working with, the Lawton Housing Authority being one and the City of Lawton being another, as was LURA, and we had been telling them if you would get it mowed in a week or two, then we will leave you alone. Tucker said that was not the guidance he received from the Council and we were providing them uniformly to all entities across the board, the City of Lawton, LURA and the Housing Authority.

Tucker said Administrative Orders for these properties were mailed on July 30 and on August 2 he received a letter that reiterated many of the things discussed in the telephone conversation, which he could only assume was an attempt to deflect attention away from the high grass and weeds. He said on August 3 he received a copy of the letter the Housing Authority Director had sent asking for an appeal, and as a result of that, they took no further action on the property until the hearing tonight, with one exception. Tucker said in the letter the Housing Authority said that each week they send a maintenance person out to mow or to give seven days to the property occupant to mow. He said he waited the seven days and on August 5, he sent the same employee out who has that district area to take pictures to see if the weeds and grass still existed and they did; he submitted the pictures for Council consideration. Tucker said they had taken no further action on the properties. He said the yards have been mowed, both front and back, and what was not mowed was the easements between adjoining properties which are under the ownership and control of the Lawton Housing Authority.

Mayor Powell asked if the statements Tucker just made were relative to all of the addresses, which could allow Council to consider the properties together. Tucker said yes; they have folders on each property separately and can act according to Council direction with regard to each Administrative Order.

Purcell said if the Council were to reverse the Administrative Orders, the next time the properties needed to be mowed, the entire process would have to start again as opposed to sending it to the contractor to be mowed, after an employee had confirmed a problem. Tucker said yes.

Tucker said the letter from the Housing Authority reflects "to save your department and the city the cost of creating the notices and mailing them all separately, I would be glad to receive a FAX notice of any future problems and I will address them from the FAX notice". He said there was never a denial in the letter he received that they were in violation, and the letter mentions a property which had even higher grass.

Purcell said he would not support reversing the administrative order because if they kept it mowed, it would not be a problem, but if they have to go out again after receiving a complaint and the Administrative Order is reversed, you have to go through the process again and the neighbors would have to wait another month to have it done.

Shanklin asked if this individual's parents live in this area. Tucker said his mother in-law and father in-law do not live in Council Heights, they live in Pleasant Valley. Shanklin said that is altogether a different area and Tucker agreed.

Shanklin said he did not understand why this was before Council and that he could not believe that someone could not call Mrs. Love and tell her that the grass is high and she would not take care of it. Tucker said if that is Council direction, he did not have a problem with it. Shanklin said time, money and effort are being wasted and this is petty and next door neighbors that do not get along. Shanklin said this was childish and his motion would be to reverse the Administrative Orders.

Warren said the Housing Authority apparently would not take care of it because there was more contact than just a phone call; letters were exchanged and it still was not mowed. Tucker said there was a phone call and then seven to eight days later, the Administrative Orders were sent out and it still has not been mowed.

Shanklin said two or three years ago we only had one in code and now we have eight. Tucker said they have five inspectors, a permanent clerk and a temporary clerk, and the supervisor.

Purcell said he would like to offer a substitute motion to uphold the Administrative Orders.

Haywood said this is in his ward and he worked closely with Mrs. Love. He said he turned in over 200 yards and talked to different businesses in Ward 7 and got good response and Code Administration has done a wonderful job and Ward 7 is looking better than ever. Haywood said he turned these in, and has also turned in properties owned by the Lawton Urban Renewal Authority when they were not being cut. He asked that he be allowed to make the motion since the property is in Ward 7 and Purcell said he would withdraw his motion.

Beller said he was looking at the pictures Tucker presented and asked if it was ornamental grass, Johnson grass or weeds, and said it appeared to be an ornamental grass. Tucker said ornamental grass was in place inside the yard.

Beller said if we go through the process of sending someone out to mow this, which he assumed was what would be done, there would be a cost involved. He asked if the average cost to mow a lot was $150. Tucker said for a residential lot, the cost for the total lot is about $105; if it is just an easement, it is somewhat less. Beller said the Lawton Housing Authority is a public agency, as is the City, so we would be sending someone out to cut our own grass and pay them $105 when the Lawton Housing Authority is scrapping to get every nickel they could for their tenants. The City Clerk indicated the properties are not on the tax rolls, which is where the City would collect the money, so the City would not be paid back. Beller said he would rather attempt to work with the Housing Authority.

Mayor Powell recognized Rita Love to speak.

Rita Love, Executive Director of the Lawton Housing Authority, said that she was sorry that something like this had to come before the Council. She said out of courtesy she contacted Mr. Tucker to let him know about his employee, who they felt was spending an inordinate amount of time during business hours at one of their facilities. Love said she sent a letter saying she did not understand and asking if they would get with her and tell her what was in violation because she did not see a problem with the yards. Love said she did not hear back and the letter she received told her to file a grievance so she did what the letter told her to do.

Beller said it seemed odd to keep sending the same individual to that area when there were problems in that regard, and in reading the letter, it would seem that disciplinary action would be in order for that gentleman if he backed into the fence. Love said he was in a City vehicle. Beller said the damage was repaired and then the man got a ticket for some type of parking violation, and that he hoped someone else could be sent to look at the property.  Love said if someone would have shown or told her what the violation was, she would have it fixed; and now that she knows it is Johnson grass around the gas meters they will take care of it. Haywood said Mrs. Love and the inspector can get together and resolve the problems. Beller said he felt it would be an on-going problem if the same inspector is sent out.

MOVED by Haywood, SECOND by Shanklin, to reverse the Administrative Orders concerning 209 SE 7th, 212 SE 6th, 208 SE 6th and 609 SE C Avenue. AYE: Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

The meeting was recessed at approximately 7:30 p.m. and reconvened at approximately 7:40 p.m. with roll call reflecting all members present.

3.    Consider a cost-sharing agreement to reconstruct NW Bark Avenue to City standards as proposed by the adjacent property owners. Exhibits: None.

Mayor Powell said each member should have a copy of a letter signed by all of the property owners in that area. Devine said he and Warren met with the owners and an agreement was reached as shown in the letter. Owners will do the curb and guttering, drainage system and legal items needed, if the City will do the road base. Warren said it seemed to work out well and the City's share would be about $11,000; the business owners in the area would pay for everything except the road bed and the overlay. Smith asked if the costs came out to about a 50-50 split and Devine said yes.

Purcell said the item shows the project would not be done for 18 months and asked if that was acceptable. Devine said that is about the only way it can be done because there are other priorities to be done, and this was explained to the group and they were glad just to get anything moved forward. Devine said if it works out where it can be done sooner, that would be great. Williams said the longer it is delayed, the more at risk it could be. Devine agreed and said he hoped it could be done as soon as possible.

MOVED by Devine, SECOND by Warren, that Council accept this arrangement.

Mayor Powell asked if this would include that the cost would not exceed $11,000 and that it would be moved up if at all possible without bumping other projects. Devine said yes. Baker said it would be better to say approximately $11,000 so there would not be a problem. Shanklin asked if the City Attorney had a problem with this and Vincent said it was acceptable.

Purcell asked if the $11,000 could be an IOU because it did not need to come out of Council Contingency now if it would not be done for 18 months. Williams said it could be included in next year's budget and Baker said that would be done.

Jerry Ihler, Public Works Director, said they are currently working on Flower Mound, and then Floyd Avenue is to be done, followed by the lake entrance and the lagoon system for Robinson's Landing, and the Street Division is set up as a maintenance operation rather than construction, but the schedule shows 18 months for the Bark Avenue project unless Council directs that priorities be changed.

Charlie Wright said he was speaking for the property owners, and they had said they would do their part as quickly as possible, such as getting the curb and gutter in place and getting everything ready. He said even if the base coat could be put down, they would be a lot better off than where it is now. Wright said the owners' part would have to be done before the City's part could be done anyway, and if this is agreeable, the owners will get their part done as quickly as possible. Baker said he would include $11,000 in the Public Works maintenance budget for next year.

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

4.    Consider authorizing staff to prepare a statement of interest for the Mayor's signature for the Privatization of the Fort Sill Utility Water/Wastewater System. Exhibits: City of Lawton Expression of Interest for Privatization of Water/Wastewater Operations at Fort Sill, dated February 11, 1998; Letter from Contracting Officer, Elizabeth R. Pesenti.

Warren asked for Ihler's input. Ihler said although it is only a letter of interest, and the City submitted an expression of interest over a year ago, one thing that changed is we are now doing the $64 million sewer rehab in-house, and our plates are quite full. Ihler said the letter could be submitted, but as they go toward the proposal process, if we are really not interested, we would be putting in a lot of time and effort with regard to the different divisions.

Smith asked if we had any idea of the condition of Fort Sill's sewer system, because he understood it was put in basically before Lawton's. Ihler said he felt the system would be similar to Lawton's with a lot of problems, and that he could not speak in detail but as far as the timing of when it was constructed, Lawton has a lot of I & I problems because of the materials we used and he could not speak for the material used by the military.

Purcell said this would keep the option open and a hard decision would need to be made at the point of deciding whether to spend a lot of time, and it would take a lot of time, to put in a proposal to give to the government. He said this is simply to keep the option open.

MOVED by Purcell, SECOND by Williams, for approval of Item 4. AYE: Shanklin, Beller, Haywood, Warren, Smith, Williams, Devine, Purcell. NAY: None. MOTION CARRIED.

5.    Consider approving a resolution modifying positions allocated in the FY 1999-2000 Fiscal Year Police Department budget and declaring an effective date. Exhibits: Resolution No. 99-110; 8/12/99 Memo from City Manager; 8/6/99 Memo from Police Chief.

Major Harvey Roof, Non-Uniform Operation of Lawton Police Department, said in 1998 the Department, through a grant, purchased a records management program from Public Safety Systems, Inc. He said the program has been in operation since June 1999 and there is an important potential involved with the program; the amount of information gathered will be an invaluable tool. Roof said with the additional information, data entry has become more labor intensive and the current clerical staff is not sufficient. He said a minimum of two additional clerical positions are needed.

Shanklin asked if the police are paying overtime to keep caught up. Roof said they have done so in some instances. Shanklin said the staff keeps growing, and we have grown 75 people in four years, but he could support the item.

Smith asked how long it would take to get caught up with the additional personnel. Roof said they were currently receiving assistance from MIS and the Court Clerk's Office to maintain the data entry, primarily the citations. Roof said by adding these two personnel, they could stay caught up with the system which requires much more time to enter the data because they were getting so much more than was the case with the old program.

Purcell asked if we bought a system where officers call in the police reports and they are taken through dictation, and if that was part of this item or if this is the extra data that is entered from those reports. Roof said this is the data base for the computer system and reports are entered in raw form, and the system Purcell was speaking of was a different system. Roof said before that system can be put into place, this system here on data records must be available.

Shanklin asked if the voice program was working now. Roof said the Dictaphone system is working for the Criminal Investigation Division, and they do all of their follow up reports by Dictaphone and it goes to a transcriptionist who places it in this data base so the entire case file is in one package and can be printed out if needed.

MOVED by Beller, SECOND by Haywood, to approve Resolution No. 99-110 modifying the positions allocated in the fiscal year 99-2000 police department budget and declaring an effective date. AYE: Beller, Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.

(Title only)    Resolution No. 99-110

A resolution modifying positions allocated in the FY 1999-2000 Fiscal Year Police Department budget, and declaring an effective date.

6.    Consider a resolution approving modifications and revisions to the City's existing general pay plan; providing for limitations; establishing an effective date; and repealing Resolution No. 97-110 as needed. Exhibits: Resolution No. 99-111 with Appendices.

Baker gave a presentation from the public podium stating he would like to convince Council to approve the new classification and pay plan for the general employees. In February 1999 the Council engaged Commonwealth Personnel Management to review the classification and pay plan for general employees and make recommendations; Commonwealth conducted an extensive salary survey, completed interviews with department directors and employees, and analyzed all job classifications of general employees. Bart Gethman, President, briefed the Council on July 27 on his findings and recommendations. During deliberation of the current year's budget, Council was asked to defer action on salary adjustments for general employees pending completion of this study. In addition, Council reserved $400,000 in the budget to address salary adjustments for general employees; $400,000 is equivalent to an approximate 3% across the board increase.

Baker said although he was not really impressed with Commonwealth's work or the presentation to Council, he felt the results they obtained through the study were valid and basically confirmed his opinions, and based on his 25 years with this organization, felt they were pretty accurate and reflect what the organization has in terms of salaries. Subsequent to the presentation by Commonwealth, Baker took several steps, one of which was rather controversial; Baker said he revised the pay plan for management personnel from an 80-120% plan to a 75-110% plan. The reason for this was the recommendation from Commonwealth, in his opinion, recommended excessive salary increases for management employees and he felt the other employees saw that and it became a morale problem and in his opinion the dollar amounts were too high. In some cases, Commonwealth was recommending up to $14,000 increases, some were $10,000, $11,000, $9,000; and Baker felt that was too high so he looked at ways to trim it back, and one way was to go to a 75-110% plan, which decreased the entry level for management employees by 5% and reduced the top step in the pay grade by 10%.

Baker presented a slide showing the pay plan for general employees as opposed to management; there will be 19 pay grades and the slide illustrated the first 11 pay grades; across the top the Steps A-Q were shown. The pay plan contains 17 steps and it would normally take an employee 15 years to go through; there is 2.5% between steps and 7.5% between ranges. The 2.5% is the same as the current pay plan but the 7.5% is a change; current pay plan shows 5% between ranges and that creates problems when employees are promoted because there is not that much difference in the ranges and this should help with promotions.

The next slide showed the management pay plan, which contains the 19 pay grades but reduces the number of steps to 15, which would take a normal employee progressing through the plan 13 years to accomplish. The number of steps was reduced because it was changed to a 75-110% plan. Baker said he was not concerned about reducing the steps for management because normally the management employees will not stay with the City as long as the other employees and 13 years would likely take care of them throughout most of their career. He said he was not too concerned about 17 steps for general employees because most employees will not spend their whole career in one classification; at some point they would change classifications or be promoted and go into a new pay grade.

Baker said he looked at possible implementation strategies, to include effective dates. He reviewed certain classifications and made modifications as warranted, and upgraded or downgraded certain positions. Some were done based on input from directors and some were not, and someone had to do that and he was in a good position to make those kinds of judgments and decisions because he had a fairly thorough understanding of the job classifications.

Baker said to address the excessively high salaries recommended for management, he placed a cap on those increases of $5,200 per year. He said he could not, in good conscience, stand before Council and recommend giving someone a $14,000 raise, although there are two exceptions, the Court Clerk and the Assistant City Attorney. Baker said there are also two others, the programmer analyst in MIS and one recreation supervisor, and he could not get them under the $5,200 limit.

The EAC considered the recommendation on July 6 and voted not to endorse the plan, and Council was advised of that action. Baker met with the EAC and gave his revised recommendations and they voted on August 4 to endorse the plan as revised by the City Manager. Directors were asked if they supported the plan and a majority said they did support it and some did not, but a majority did.

Commonwealth's recommendation would have cost $678,000 per year; that number did not include 20% roll ups and when you increase the base wages, there are certain fringe benefits and payments that are based on a percentage of the salary. On implementation, Baker recommended implementing the plan effective December 13, which would cost $337,000 plus the 20% roll ups, so the $400,000 would be a little short but we can finance this plan. Baker presented a slide showing a form which he explained contains the name of the individual, current classification and salary and what is recommended in the new pay plan. First column shows activity number, second is the employee name, third is the position title, fourth is the total points the position rated out; fifth is the actual salary of the employee now; sixth is the proposed pay range in the new plan; seventh is the entry level step in the new pay grade, mid point of that pay grade and top of the pay grade. He said everything goes from the mid point based on the salary survey conducted by the consultant. Next column shows what the individual receives on an annual basis to put him in the proper position in the next pay plan; however, since the implementation date will be in December, that number can be cut in half for this year. Next column shows what a minimum 2-1/2% increase would mean for a particular position. Baker said there was some confusion about the 2.5% shown in the second to the right column; that represents what a minimum 2.5% would be for that individual.

Baker presented a slide showing three examples of how employees would be placed in the plan. The first example represented the 2.5% minimum increase; an employee with a current salary of $40,428 would be placed in the new Pay Grade at M7, which is a range of $34,700 to $49,000; a 2.5% increase equates to $1,011, so the current salary would be raised to $41,459. The employee would be placed in the lowest step of the new pay plan that would give a minimum of a 2.5% pay increase, and in order to do that, we must place this particular employee in Range M7, Step I, which is $42,380, so the actual increase for this employee on an annual basis would be $1,860, or approximately $930 this year.

Baker said the next example would be what is referred to as an equity increase; current salary of $33,000, new pay grade would be M8 at $37,052; a 2.5% would be $846 and you add that to the current salary to get $34,692. The employee will be placed in the lowest step to provide a minimum of 2.5%; the lowest step would be Step A, and by doing so, you get an equity increase of $3,483, which would be about $1,700 this year. In this case, this particular position was very underpaid and to get it into the new pay plan, it would go in at A.

Baker said the third example would refer to those who are known as being frozen and would not get much benefit from the new pay plan. He said the highest step in the new pay plan would be Q but one example would show a .6% pay increase and to give the 2.5% he would propose adding 1.9%, or $508 in the example, to this; in addition, if they have not gotten a step increase this year, and will not get one under the new pay plan, he would recommend giving them 2.5% also; the net would be a lump sum payment on December 31 of $1,178. Mayor Powell asked if that is part of this plan. Baker said yes. Cost will be about $7,000 for these 13 employees, and Baker recommended that be included.

Baker said currently we have 500 general employees; 153 are making less than $20,000 per year; 200 are making under $25,000 per year; 84 are making under $30,000 per year, so 437 of the 500 employees are making under $30,000 per year. He said $30,000 gross equates to a little over $20,000 net per year, or less than $800 per pay period, due to the deducts and the system in place. Baker said the employees are not overpaid and deserve a pay raise, and the new plan would benefit the vast majority of the employees.

Baker presented his recommendation as follows: adopt the revised pay plan, effective December 13, at a cost of $412,000, which includes the roll ups; take care of the employees who are getting very little at a cost of $7,100; and place the employees in the new pay grades at the lowest step that will give them a minimum of 2.5% increase. He said the new pay plan will provide the City a more effective, objective and fair compensation system, improve internal equity and enhance the City's ability to more effectively compete in the market place to recruit and retain well-qualified employees; in addition, the plan will provide well-deserved pay increases to the City's general employees. The employees of any organization are its most valuable resource, and happy, well-motivated employees are the key to the City of Lawton's success. The vast majority of the employees are hard-working, dedicated and loyal, and are most deserving of our thanks and appreciation, and of a pay raise to acknowledge their contributions and confirm their worth. Baker encouraged Council to adopt the pay plan

Purcell commended the work Baker had done in putting this pay plan together, and said he had been asking for a new pay plan for three years. He said he felt this was an equitable pay plan, as opposed to the 3% per year, and the presentation and managing to stay within the budgeted amounts was outstanding.

Devine asked how the pay plan would deal with all of the supervisors and said it appeared over half of the employees were in supervisory capacities. He asked how the pay plan could get the balance back to a ratio such as ten to one as far as supervisors and employees. Baker said the pay plan would not address that problem, and the way to address that is to look at the organization, and that can be done throughout the year and also at budget time. Baker said they are currently looking at Parks & Recreation and the director is to present a recommendation to him in the near future for reorganization; if we feel there are too many supervisors in a division or department, that can be looked at but the pay plan will not address that subject.

Devine asked if an employee would be more or less cycled out of the pay plan in 13 years. Baker said it would be 13 years for management and 15 years for others.

MOVED by Purcell, SECOND by Smith, to approve Resolution No. 99-111 approving modifications and revisions to the City's existing general pay plan, providing for limitations, establishing an effective date, and repealing Resolution No. 97-110 as amended.

Jim Maroon, 1504 NW 22nd Street, a City employee, said he was listed as a management employee but felt he was a professional employee who held a degree. He said he appreciated Baker's work and that he supported the pay plan, and that the employees he had talked to also supported it. Maroon said he attended the EAC meeting and when Baker explained it, the item passed by quite a bit.

Shanklin asked if the cost would be $412,000 for six months. Baker said yes. Shanklin asked if the total cost next year would be over $800,000. Baker said $400,000 was added to this year's budget to address pay adjustments, and next year, we will have to add approximately $250,000 more to handle this for that year. Baker said next year it would cost $650,000. Shanklin said that would be $650,000 new dollars. Baker said they are new dollars but it is $250,000 in addition to this year's appropriation. Shanklin said he did not understand that and asked where the money would come from. Baker said a lot of the cost of implementation is primarily putting the people in the new positions, and that will not happen again next year and they would just be going through the 2.5% steps so the cost would not be as great next year. Shanklin asked how great it would be. Baker said it would be approximately $250,000 plus the $400,000, so the budget next year to support this plan would be about $250,000 more than this year's budget. Purcell said this would likely be cheaper than a 3% increase and brings equity. Baker said it would be close to the same cost as a 3% across the board increase.

Baker said two positions were brought to his attention that needed to be changed. He said an individual in the City Clerk's Office was shown as a G4 and it should be a G6, or senior secretary classification; and the secretary in Community Development was shown as a clerk and that position should also be G6. Baker said he would like to make those two corrections.

Shanklin said he wanted to point out that the cost of this plan is not any more than the 3% increase would have cost. He said they are trying to come up with an election and people should not be left with the idea that we are wasting money. Baker said the 3% across the board would have cost $400,000; this plan will cost $412,000 approximately and gives equity and allows us to recruit and retain well-qualified employees and give the employees the pay raise they deserve.

Purcell said he would amend the motion to include the corrections Baker pointed out about the two employees. Smith agreed as the second.

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

(Title only)    Resolution No. 99-111

A resolution approving modifications and revisions to the City's existing general pay plan; providing for limitations; establishing an effective date; and repealing Resolution 97-110, as amended.

CONSENT AGENDA:

ITEMS 7 AND 8 WERE CONSIDERED SEPARATELY AS SHOWN BELOW.

9.    Consider reversing the Administrative Orders on 17 NW 58th Street. Exhibits: Administrative Orders; Letter of Appeal; Memorandum from Code Administration Department. Action: Reverse the administrative orders concerning 17 NW 58th Street.

10.    Consider adopting a street light resolution to authorize installation of an additional street light. Exhibits: Street Light Resolution 409. Action: Adopt street light resolution 409 installing a street  light behind Central Fire Station.

11.    Consider acknowledging completion and accept dedication of the Oklahoma Department of Transportation project for the signalization of the north driveway to the Wal-Mart store with Sheridan Road (SH-7). Exhibits: Request from Wal-Mart. Action: Approval of item. Background: A project agreement for a traffic signal installation at the intersection of the north driveway to the Wal-Mart store with Sheridan Road (SH-7) was entered between the City of Lawton and ODOT on September 10, 1991. The project was bid, constructed and finalized by July 1992. The Council acceptance was inadvertently omitted. The City received a request from the Wal-Mart store manager dated August 2, 1999, to have the signals dedicated and formally accepted by the City.

12.    Consider approving Plans and Specifications for the intersection modification and traffic signal project at Lee Boulevard and SW 52nd Street. Exhibits: None. Action: Approval of item.

13.    Consider approving Plans and Specifications for the intersection modification and traffic signal project at Lee Boulevard and SW 67th Street. Exhibits: None. Action: Approval of item.

14.    Consider approving Plans and Specifications for E Avenue Waterline Project #99-16 and authorizing staff to advertise for bids. Exhibits: Location Map. Action: Approval of item.

15.    Consider acknowledging receipt of permits for the construction of waterlines and sanitary sewer lines from the Oklahoma State Department of Environmental Quality to serve Willow Park Addition, City of Lawton, Comanche County, Oklahoma. Exhibits: None. Action: Approval of item. Background: On 7/27/99, the City was granted Permit No. WL000016990681 from ODEQ for construction of 1,329 lf of 8" PVC water line and appurtenances and SL000016990682 for construction of 1,030 lf of 8" PVC sewer line and appurtenances to serve Willow Park Addition. A condition of the permits is that they must be noted in the minutes of the next regular meeting of the Lawton City Council. Permits are on file in the City Clerk's office.

16.    Consider approving Change Order No. 1 assessing liquidated damages, accepting W 82nd Street Waterline Relocation Project 98-8 as constructed by Dobbs-Washita Construction, Inc., and placing the maintenance bond into effect. Exhibits: Location Map. Action: Approval of item. Liquidated damages were $300 per day and contractor was assessed $600 for two days.

17.    Consider awarding a construction contract to United Mechanical, Inc. for the Animal Shelter HVAC Project #99-13. Exhibits: Location Map. Action: Award contract in the amount of $19,891.00.

18.    Consider an agreement between the City and Marie Detty Youth Services Center for the continued development, operation and management of a Community Intervention Center in Lawton. Exhibits: Agreement.    Action: Approval of item.

19.    Consider entering into a contract with Mr. Nick J. Richards for fire protection outside the Lawton City limits, and authorize the Mayor and City Clerk to execute the contract. Action: Approval of item.

20.    Consider awarding contract for Thermoplastics. Exhibits: Recommendation; Abstract.  Action: Award contract to Swarco Reflex, Inc. for Items 1A and 1B, and to Action Safety Supply Company for Items 2A, 2B and 3.

21.    Consider awarding contract for Spreader/Hopper. Exhibits: Recommendation; Abstract.  Action: Award contract to Midwestern Equipment Company.

22.    Consider approving the following contract extension: Fibar Safety Surfacing (CL99-030) with Modlin Recreation Equipment, Inc. Exhibits: None.  Action: Approval of item.

23.    Consider approving contract change order of Heavy Equipment, Parts and Service (CL97-012) with Darr Equipment Company which will allow the City to purchase parts for equipment, other than Caterpillar, from other vendors. Exhibits: Contract Change Order; Memorandum.  Action: Approve contract change order which will allow the City to purchase parts for equipment, other than Caterpillar, from other vendors.

24.    Ratify the action of the Lawton Water Authority in considering an amendment to CL-99-001, Natural Grass Hay Baling Sublease Agreement (Tract E-11, Lake Ellsworth).  Action: Approval of item.

25.    Consider approval of Mayor's Appointments.  Exhibits: Memorandum. Arts & Humanities Council: Wallace Moore, Term: 6/30/99 to 6/30/2002; Council Committee on Outside Water Sales: Charles Beller; Engineer Selection Committee: Glenn Devine; Mayor's Committee on Lakes: G. Wayne Smith

26.    Consider approval of payroll for the period of August 9 through 22, 1999. Exhibits: None.

Shanklin asked that Items 7 and 8 be considered separately.

MOVED by Smith, SECOND by Haywood, to approve the Consent Agenda items as listed with the exception of Items 7 and 8. AYE: Warren, Smith, Williams, Devine, Purcell, Shanklin, Beller, Haywood. NAY: None. MOTION CARRIED.

7.    Consider extending the contract deadline period in the Agreement for Cost Sharing on Construction of Water Line with the City of Geronimo. Exhibits: Letter of Request.

Shanklin said Item 7 has to do with our cost share of the construction of the water line to the landfill, and this was done by a former City Manager and voted on by the Council. He said we are talking about a 12" line to an 18" line, and if you want to put an 18" line out in the middle of no where, we can but he was against it. Shanklin said he had had all of the future planning he could digest and every time he looked at the budget book and saw the $1.6 million to Waurika, that was future planning 20 years ago that we are now paying for very dearly. He suggested Geronimo put a surcharge on its citizens to make up the cost difference of $250,000 that Lawton would be paying to have an 18" water line to the landfill.

Mayor Powell said he understood it would be a 12" line, although an 18" line was discussed, but the decision was for a 12" line. Shanklin asked if Geronimo was paying the difference between a 6" and 12" line. Mayor Powell said Lawton is paying the cost difference between an 8" and 12" line. Shanklin said that is still $250,000 and Geronimo should pay it.

MOVED by Shanklin, to strike cost sharing on construction of the water line and take it back to staff, and if staff says they need a 12" line, they can present that to Geronimo and let them get that money from a surcharge from their water usage. (There was no second to the motion.)

Beller said this was discussed previously as far as construction, size of the lines and cost, and an agreement was reached and this item simply asks that the construction bid award date be extended.

MOVED by Beller, SECOND by Purcell, to approve extending the construction bid award date in the Agreement for Cost Sharing on Construction of Water Line with the City of Geronimo to January 14, 2000. AYE: Smith, Williams, Devine, Purcell, Beller, Haywood, Warren. NAY: Shanklin. MOTION CARRIED.

8.    Consider waiving the landfill fees for the Geronimo cleanup program, scheduled for September 4, 1999, and authorize the City Manager to direct staff to waive the fees. Exhibits: Mayor Mallow's August 6, 1999, letter. Action: Authorize the City Manager to direct staff to waive the landfill fees for the Geronimo Cleanup in compliance with Mayor Mallow's request.

Shanklin said this item is to allow Geronimo to use our landfill free; people in south Lawton are being asked to subsidize Geronimo and he did not believe in that. Shanklin said we did not do this out west of town. He said the item also says they will bring in about five tons, and that if we could hold them to that amount, he did not mind being benevolent for $150. Baker said the refuse will be weighed when it arrives and when it reaches five tons, we can stop.

MOVED by Shanklin, SECOND by Haywood, to approve Item 8. AYE: Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.

Vincent said revisions were made earlier to the sales tax proposition, and the language "of Comanche County" can be added without exceeding the 150 word limit for the ballot. It was agreeable to include the language.

Baker thanked Council for the vote on the pay plan and expressed appreciation for the staff work done in this regard. He said he would be on vacation Thursday afternoon and Friday.

Mayor Powell said the Cops and Kids Picnic held last Saturday was great, and the Sentinels, Firefighters, Sheriff's Department, MP's, Optimists, and media persons were also present. He said it was a very worthwhile effort for the policemen and other persons to show the children that they are their friends.

BUSINESS ITEMS:

27.    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.

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

29.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the various pending civil suits between Steve Wilson and The City of Lawton in the District Court of Comanche County, and take appropriate action in open session.

Mayor Powell said Item 27 would be stricken, and that Item 29 should be tabled until September 14.

MOVED by Purcell, SECOND by Smith, to table Item 29 until September 14. AYE: Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams. NAY: None. MOTION CARRIED.

MOVED by Smith, SECOND by Warren, to convene in executive session to consider Item 28. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams, Devine. NAY: None. MOTION CARRIED.

The Mayor and Council convened in executive session at 8:30 p.m. and reconvened in regular, open session at approximately 8:45 p.m. with roll call reflecting all members present.

Vincent reported the Council met in executive session to discuss negotiations for a proposed employment agreement with the fire union, IAFF Local 1882. He said they reviewed a possible last best offer for the interest arbitration. Vincent recommended a motion that he be authorized to present that at the appropriate time and that it be held confidential until that time.

MOVED by Smith, SECOND by Haywood, that the City Attorney be authorized to present the last best offer for interest arbitration with IAFF Local 1882 and that it be held confidential until the appropriate time. AYE: Beller, Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.

There being no further business to consider, the meeting adjourned at 8:47 p.m. upon motion, second and roll call vote.