MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

MAY 8, 2001 - 6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor Pro Tem Robert Shanklin,             Also Present:

Presiding                        Bill Baker, City Manager

                            John Vincent, City Attorney

                            Brenda Smith, City Clerk

                            LTC Puckett, Fort Sill Liaison

The meeting was called to order at 6:20 p.m. by Mayor Pro Tem Shanklin. Notice of meeting and agenda were posted on the City Hall notice board as required by law.

ROLL CALL

PRESENT:                Randy Bass, Ward One

                    James Hanna, Ward Two

                    Glenn Devine, Ward Three

                    John Purcell, Ward Four

                    Robert Shanklin, Ward Five

                    Barbara Moeller, Ward Six

                    Stanley Haywood, Ward Seven

        Michael Baxter, Ward Eight

ABSENT:    Mayor Cecil E. Powell

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR MEETING OF APRIL 24, 2001

AUDIENCE PARTICIPATION:

Raymond McAlester encouraged participation at the upcoming Arts For All Festival and the Armed Forces Day Parade. He asked that parents be sure to keep children off the street during the parade.

UNFINISHED BUSINESS ITEMS:

1.    Hold a public hearing to consider the Consolidated One-Year Action Plan for 1 July, 2001 through 30 June, 2002, receive input from citizens, provide input for the final plan, and if appropriate pass a resolution authorizing the Mayor and City Clerk to execute the Grant Agreements and implementing documents necessary to implement to CDBG and HOME Programs. Exhibits: Exhibit A:  List of Funding Requests;  Exhibit B:  CDBG Funding Recommendations; Exhibit C:  HOME Funding Recommendations;  Exhibit D:  Resolution 01-68; Exhibit E:  CDBG EXCEL Worksheet –  Requests and funding by Project Category;  Exhibit F: Minutes of City Planning Commission Hearing;  Exhibit G: Applicant’ s Proposed Budgets.

Frank Pondrom, Director of Housing and Community Development, said information on budgets for the public service activities was included in the packet. A neighborhood revitalization packet was handed out and will be considered at a future meeting; it is hoped that this will strengthen the City's position with regard to economic development activities, which include the Zoe Need Youth With Purpose Program, Zoe Need Economic Development Adult Placement and the Northside Chamber of Commerce, which are included for funding in the Consolidated Plan being considered tonight. A public hearing will be held in the Lawton View area with regard to the revitalization plan. Discussion was held with regard to public service activities and economic development activities, and no additional funding could be allocated to public service activities as a result of the revitalization effort.

Purcell said the biggest problem is requests in the amount of $414,000 have been received but only $176,000 was available for public service activities.

PUBLIC HEARING OPENED.

Dr. Charles Baer, Executive Director of Christian Family Counseling Center, 44 Cache Road Square, Lawton, spoke in favor of the request of his organization to receive funding of $36,000 to continue to provide counseling services to low income persons. Past amounts of funding for his organization from CDBG were shown as 97-98 $20,000; 98-99 $33,780; 99-00 $32,962; 00-01 $36,000. He explained staffing levels, significance of the needs his organization assist with, and outcome of their assistance. Baer provided statistics regarding counseling and read from letters of support from clients.

In response to questions, Baer said their total budget is $430,000, they have offices in Lawton and in Duncan but the money from CDBG is used to assist only low income residents of Lawton through low, pre-determined hourly rates. Funding is also received from the United Way and private donations.

Lisa Stein, Executive Director of Wichita Mountains Prevention Network, spoke in favor of the request for funding for the teen pregnancy prevention program and explained its benefits. Kathy Kalip distributed information and explained the workings of the program.

In response to questions, Stein said their total budget is $465,000 received through various federal and state grants but none target teen pregnancy prevention for low-income Lawton residents. Discussion was held regarding funding for this organization being provided in the public service category, as well as the economic development category, which was done previously because teen trainers are employed in that capacity. Pondrom advised that it would be appropriate for all funding to be through public service as it was closely linked to teen pregnancy prevention and because HUD was closely monitoring the categories. $60,000 was provided last year, $56,000 has been requested this year and $50,000 was recommended by staff.  Separating $20,000 into the economic development category for jobs was further discussed, as well as the possibility that HUD could disqualify that category. See final action later in these minutes.

Jeff Henderson, Hospice Director, 1930 Ferris, spoke in favor of funding requests for his organization and explained the nature of the services provided for end-of-life care. He asked that CDBG funding in the amount of $20,000 be provided to allow them to assist approximately eight low-income clients.

Bob Carter, Meet the Needs, 5th and G Avenue, explained his organization operates with 50 volunteers and has not previously received CDBG funding. The organization provides food, school supplies, vehicles, and concentrates on the needs of individuals that are not met in other ways. Letters of support were read and it was emphasized that the organization has no payroll and therefore any funds received would go directly to those in need of assistance. Ms. Rice explained how she received a reconditioned vehicle through the Meet the Needs organization and how it met her transportation need. Ms. Payden, a counselor at Pat Henry School, explained how Meet the Needs provides supplies, tennis shoes, and other items to low-income students in need of assistance.

In response to questions, Carter stated they receive food through the Feed the Children organization and through arrangements with a local grocery store, and the rest is through private donations and volunteers. Carter explained they are not duplicating services since other organizations do not provide food assistance on weekends, and do not provide groceries. Carter said they receive no other grants and are simply a group of concerned Lawtonians helping other Lawtonians.

O'Dell Gunter, Great Plains Improvement Foundation, said the C. Carter Crane Shelter did not receive the $100,000 emergency shelter grant requested and will run out of funding in approximately five months. He said the funding could not be provided through this program but Lawton needs a homeless shelter and funding was needed through some mechanism.

Sylvena Carr stated she was previously a resident at the C. Carter Crane Shelter, had been assaulted with a wooden object by another female resident who was later removed from the shelter, and that she was taken to Comanche County Memorial Hospital to receive treatment as a result of her injuries. She explained the circumstances that led to her stay at the shelter and later medical problems as a result of injuries, alleging shelter personnel did not offer proper assistance to her in that regard. Carr requested the facility be investigated and safety measures taken before any funds were granted. Haywood suggested Ms. Carr could speak with the GPIF Board, and offered to speak with her. Carr said she had spoken with the District Attorney about her rights in being able to file a civil suit against the shelter.

Bill Wallace, 1507 SW 7th Street, requested that repairs be made to 7th Street. He said this has been a subject of concern for many years and he had spoken at previous Council meetings asking for help. Haywood indicated that Wallace's concerns would be addressed.

A representative of Goodwill Industries requested funding be provided for building improvements.

Susan Clark, New Directions, requested funding for her organization in the amount of $18,557 to be able to assist persons in becoming employed. She explained the benefits of the program to clients and the community as a whole. New Directions receives funding from DHS, federal and state grants, and the United Way.

Sue Stanley, 2727 NE Euclid, Richards Realty, manager for Ambassador and Diplomat Apartments at 2301 NW Williams explained the need for water line replacement and street repairs on 23rd and Williams. She explained efforts to revitalize this neighborhood and stated it was qualified to receive funding to upgrade the infrastructure. A petition was presented containing 101 signatures favoring these improvements and note was made that residents at previous public hearings had spoke also.

Shanklin expressed concern that these locations were not shown on priority lists for street or water line improvements through capital improvement programs and asked where they were on a City-wide priority list. Baker will look into it. Hanna stated residents had appeared at ward meetings requesting these improvements, as well as repair of sewer mains. Baxter asked if it would be quicker to include the work in CDBG or in CIP. Lynn Struthers, Public Works, said CDBG. Baxter said it should be done. Devine asked how much was left in the 1995 CIP and Baker said the $100,000 contingency.

Discussion was held on repairing 7th Street; total cost was $550,000 and an alternative was to do repairs in one-block segments at $120,000 each.

Mary King, resident of Ambassador Apartments, described the poor condition of 23rd Street and Williams, noting she had sustained damage to her car as a result, and requested it be repaired. Devine said the street does not have adequate drainage and there has been raw sewage in the street as a result of backups. Shanklin said the request is not for a sewer line and he felt the water line and street should have shown up as priorities for repair before this time if there is this much deterioration.

Annette Dawkins, Executive Director of the Northside Chamber of Commerce, spoke in behalf of the funding request for her organization to operate the Minority Business Development Program. She gave statistics as to numbers of jobs created and retained, and persons assisted through the program, and requested that funding continue to be provided.

Jane Cox, Executive Director of Roadback, Inc., requested funding to repair the roof of their facility. She stated they have a contract with the City to accept persons who are intoxicated, rather than placing them in jail, and that there is a need for funding to repair the roof. It was noted that Roadback submitted requests for three projects but only the roof project was included due to the amount of each request.

PUBLIC HEARING CLOSED.

Purcell recommended the $24,584 in CDBG Contingency be reduced by $20,000, moving that amount under economic development to fund Youth Job Development as discussed by Lisa Stein. He said he was working under option one, and recommended funding the following amounts for the public service area: Meet the Needs $28,000; Counseling Assistance Project $30,000; Teen Pregnancy Prevention, Not Y.E.T. $30,000, and the other $20,000 is down below; Hospice $20,000; MedTrans $68,000, and those numbers come to $176,000. Haywood said MedTrans would need more funding than that. Purcell said it would require decreasing some other organization, and he did not want to decrease MedTrans either. Purcell said there could be a problem if HUD determines the $20,000 is not eligible under economic development for the Not Y.E.T. program because that organization would then be short by that amount of money, but if that $20,000 is restored under public service, it would have to be taken from one of the other organizations and that is the issue.

Shanklin said he saw no funding for demolition of structures. Baker said funding will be included in the general budget due to excess time delays experienced in trying to use CDBG funds for that purpose.

(Title only)    Resolution No. 01-68

A resolution authorizing the filing of the Consolidated One-Year Action Plan for the program year 1 July 2001 through 30 June 2002 with the U.S. Department of Housing and Urban Development (HUD), which applies for Community Development Block Grant (CDBG) and HOME Program Funds as provided in Title I of the Community Development Act of 1974, as amended, and authorizing the Mayor and City Clerk to execute the Grant Agreement and implementing documents.

A recess was taken from 8:25 to 8:35 p.m. All members were present at roll call upon return from recess.

2.    Consider the following damage claim recommended for denial: Steve and Sherrie Morris. Exhibits: Legal Opinion/Recommendation.

Vincent said the legal staff continues to recommend denial of the claim, but should Council desire to approve it, he would recommend the amount of $1,388.05 and adoption of a resolution.  Shanklin said this was debated at the last Council meeting and it was sent back to staff to come up with negotiated figures.

Vincent, responding to a question as to whether it was proper for Shanklin to make a motion, stated it was proper in that Shanklin was a councilmember, even though he was acting as mayor at this time.

VOTE ON MOTION: AYE: Bass, Hanna, Devine, Purcell, Shanklin, Moeller, Haywood, Baxter. NAY: None. MOTION CARRIED.

(Title only)                                                    Resolution No. 01-69

A resolution authorizing and directing the City Attorney to assist Steve and Sherrie Morris 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 Eighty-Eight Dollars and 05/100 ($1,388.05).

BUSINESS ITEMS:

3.    Hold a public hearing and consider a resolution amending the 2020 Land Use Plan from Commercial and Office to Residential-Single Family and Duplex and an ordinance changing the zoning from C-4 (Tourist Commercial District) to R-1 (Single-Family Dwelling District) zoning classification located south of SE Lee Boulevard, east of Walnut Creek Road. Exhibits: Resolution No. 01-70; Ordinance No. 01-18; Location Map; Applications; Site Plan; CPC Minutes; 2020 Land Use and Zoning Maps.

Bob Bigham, City Planner, said the applicant is GWC Partnership. The 8.11 acre tract is planned for development as Pebble Creek Addition, Part 3, and will contain 26 single-family lots. The Planning Commission held a public hearing and recommended approval of the request. Proper notice has been given for this hearing and staff has received no calls or letters of protest.

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

(Title only)    Resolution No. 01-70

A resolution approving an amendment to the 2020 Land Use Plan for the City of Lawton from Commercial and Office to Residential-Single Family and Duplex located south of SE Lee Boulevard, east of Walnut Creek Road.

(Title read aloud)    Ordinance No. 01-18

An ordinance changing the zoning classification from the existing classification of C-4 (Tourist Commercial District) to R-1 (Single-Family Dwelling District) zoning classification on the tract of land which is hereinafter more particularly described in Section One (1) hereof; authorizing changes to be made upon the Official Zoning Map in accordance with this ordinance.

VOTE ON MOTION: AYE: Hanna, Devine, Purcell, Shanklin, Moeller, Haywood, Baxter, Bass. NAY: None. MOTION CARRIED.

4.    Consider approving the use of 1995 CIP funds to construct consolidated restroom facilities for the Streets, Drainage and Solid Waste Collection Divisions. Exhibits: None.

Lynn Struthers, Public Works Department, said the existing restroom is in deplorable shape, does not meet handicapped accessibility standards, is inadequate in size, and overflows two to three times per week flooding the administrative area of the Street Division. He recommended constructing an addition to the south side of the west portion of the building for new restroom facilities, and block off sewage lines to existing restrooms and expand the administrative space into that area. Struthers said three projects were recently finished in the 1995 CIP, leaving $54,000 which is more than will be needed, and recommended using those funds for this project. Baker said this will not impact the $100,000 contingency.

Baxter said he did not agree with this item. He said the 64th and Taylor drainage project is complete, costing $64,000 but $100,000 was allocated to it. Baxter said a drainage ditch in Ward 8 needs to be fixed and he would like the funds spent in that manner. Shanklin said he had visited the area in question, staff is not exaggerating, and if action is not taken, a problem could develop such as they had on Lee Boulevard so it is a health matter.

Baker said he would try to identify funding to address the drainage problem Baxter described.

VOTE ON MOTION: AYE: Devine, Purcell, Shanklin, Moeller, Haywood, Bass, Hanna. NAY: Baxter. MOTION CARRIED.

5.    Discuss a sign being put up at 11 ^th and Gore Boulevard showing funds raised to support the Boulevard of Lights and take appropriate action. Exhibits: None.

Shanklin said he requested this item and suggested permission be given for BOL to design a sign and bring it back to Council. There were no objections and Shanklin asked Denham if that was agreeable and it was.

Devine suggested volunteers be provided by the three high schools, each taking one block to decorate in a competition. He said it would take one day out of the school time and be a great community project.

Diane Denham said it was a good suggestion and they had appealed to the high schools for volunteers and had gotten some. There are problems with inclement weather during the time lights are to be hung, as well as fears associated with having volunteers dealing with electricity. She suggested the high schools design a block each, participate with litter control, trimming, and raising funds to have someone come in and professionally hang the electrical portion, especially the high trees, due to the safety issues.

ADDENDUM:

1.    Hold a public hearing and adopt a resolution declaring the structures at 1210 SW A Avenue (front and rear structures) to be dilapidated and dangerous, thus causing a blighting influence on the community and detrimental to the public's health and safety; authorize Neighborhood Services to solicit bids to demolish structures, if appropriate. Exhibits: Resolution No. 01-71; Summary document, video, reports from Fire Marshal, Housing Inspectors and case history available in Neighborhood Services)

Angie Alltizer, Neighborhood Services Director, said this property consists of two structures and the handout shows the picture showing the main structure, with the accessory structure shown below. The wood frame structure is in fair condition, very poor condition wood siding, asphalt roof that is caving in, although the structure is somewhat secure at this time and has been vacant since 1994. Repeated requests were sent to the owner requesting permission to inspect the property and staff has been unable to do so, however, the owner has contacted Neighborhood Services and would like for Council to pass a resolution condemning the structure to take advantage of the 50% reduction in landfill tipping fees. Alltizer said she  had a copy of an estimate from a demolition company to the property owner to take care of the structures.

Shanklin asked if the City would pay these costs. Alltizer said no, the property owner will take care of it but wants the reduced tipping fees at the landfill.

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

(Title only)    Resolution No. 01-71

A resolution determining a certain structure to be dilapidated and detrimental to the health, benefit, and welfare of the community, and ordering that the buildings be demolished and removed.

Location: 1210 SW A Avenue, front and rear structure, Butler Addition, Block 5, Lots 8-9, Comanche County, Lawton, Oklahoma

Owner: Chung Graham, 616 SW Washington, Lawton, OK 73501-7528; Mortgage Holder: None

CONSENT AGENDA :

6.    Consider the following damage claims recommended for denial: Craig R. Lewis; and Michelle Robinson. Exhibits: Legal Opinions/Recommendations. Action: Denial of claims.

7.    Consider the following damage claims recommended for approval and consider passage of resolutions authorizing the City Attorney to file friendly suits for claims which are over $400.00: Ronald and Lizzette McLaughlin; and Mary E. Mocklin. Exhibits: Legal Opinions/Recommendations. (Resolution No's. 01-72, 01-73 on file in City Clerk's Office).

(Title only)    Resolution No. 01-72

A resolution authorizing and directing the City Attorney to assist Ronald and Lizzette McLaughlin 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 One Hundred Fifty-Nine Dollars and 99/100 ($1,159.99)

(Title only)    Resolution No. 01-73

A resolution authorizing and directing the City Attorney to assist Mary E. Mocklin 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 Ninety-Eight Dollars and 03/100 ($598.03).

8.    Consider authorizing the City to accept a Warranty Deed for .394 acres in the SW/4 of Section 35, T2N, R11W, from City National Bank and Trust Company, Trustee of the Ludwig M. Meiling Irrevocable Trust and authorize the Mayor and City Clerk to execute the Acceptance. Exhibits: None. THIS ITEM WAS PULLED AND WAS NOT CONSIDERED.

9.    Consider authorizing the City Attorney's office to notify the Wichita Mountain Area Senior Citizens Center that their lease will not be extended after May 31, 2002. Exhibits: None. Action: Approval.

10.    Consider approving a contract amendment with Burns & McDonnell Engineering Company, Inc. for additional architectural/engineering and inspection services for the Landfill Maintenance Building Project #2001-3. Exhibits: Exhibits: Location Map; Amendment to Agreement.  Action: Approve a contract amendment in the amount of $10,000. THIS ITEM WAS CONSIDERED AS SHOW BELOW.

11.    Consider accepting Wisconsin Avenue & New York Avenue Waterline Replacement Project #2000-30 as constructed by Krapff-Reynolds Construction Co. and placing the Maintenance Bond into effect. Exhibits: Map.  Action: Accept the project and place the Maintenance Bond into effect and retain payment for grassing until a viable stand of grass is achieved.

12.    Consider acknowledging receipt of permit for the construction of a waterline from the Oklahoma State Department of Environmental Quality to serve the proposed soccer field at McMahon Park, City of Lawton, Comanche County, Oklahoma. Exhibits: Map. Action: Acknowledge receipt.

13.    Consider awarding a construction contract to RCJ Construction, Inc., for the Landfill Grassing Project #2001-10. Exhibits: Location Map; Bid Tabulation. Action: Award a construction contract to RCJ Construction, Inc. for the Landfill Grassing Project #2001-10 in the amount of $39,759.00.

14.    Consider entering into a contract with Mr. Kenneth R. Harmon and Mr. and Mrs. Charley E. Snyder for fire protection outside the Lawton City limits, and authorize the Mayor and City Clerk to execute the contracts. Exhibits: None. Action: Approval.

15.    Tree removal proposal, (Fire Stations #4/E-Z Go Sign). Exhibits: Mr. Johnson's proposal; Photographs of tree and sign; Artist rendering of proposed landscaping project. Action: Approval of proposal.

16.    Consider ratifying confirmation of a request from Arts & Humanities Division in applying for a Local Government Challenge grant from the Oklahoma Arts Council for the FY 2001-2002. Exhibits: None. Action: Approval.

17.    Consider approving a lease agreement between the City and VFW Post 5263 for the use of the main ballroom at the VFW Hall. Exhibits: None. Action: Approval of item for RSVP annual recognition banquet.

18.    Consider approving a resolution authorizing the Lawton Water Authority to file an application with the Oklahoma Water Resources Board (OWRB) for financial assistance to complete Phase I of the Sanitary Sewer Rehabilitation Program. Exhibits: Resolution No. 01-74.

(Title only)    Resolution No. 01-74

A resolution authorizing the Lawton Water Authority to file application with the Oklahoma Water Resources Board for financial assistance in the form of a loan through the Financial Assistance Program and/or through the State Revolving Fund Program for the purpose of financing projects relating to the City of Lawton Sanitary Sewer System; and containing other provisions related thereto.

19.    Consider entering into a letter of engagement with the accounting firm of Carlson and Cottrell, C.P.A.'s, PC., to perform the City of Lawton's annual audit for Fiscal Years 2001, 2002, and 2003. Exhibits: Summary of Proposals; Department Recommendation. (Proposals available in City Clerk's office).  THIS ITEM WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

20.    Consider extending the contract for the Robinson's Landing Store Lease. Exhibits: Department recommendation. (Contract on file in City Clerk's Office).  Action: Extend the contract for the Robinson's Landing Store Lease to Mike Mahoney of Lawton, Oklahoma, for one year and authorize the Mayor and City Clerk to execute the extension.

21.    Consider approving the following contract extensions: A. Moving Radar Unit with Kustom Signals, Inc. ; B. Life Insurance with Managed Health Resources; C. Certified Workplace Medical Plan with Genex Services, Inc.; D. Temporary Workers (Item 2b, 2c, Category II) with Direct Staffing; E. Temporary Workers (Item 2a, Category II) with Spherion; F. Employee Physicals/Drug Screen Testing with The Center of Occupational Health. Exhibits: None. THIS ITEM WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

22.    Consider awarding contract for Custodial Services Group 1. Exhibits: Department recommendation and Abstract of Bids. Action: Award to H & H Janitorial, Lawton, OK.

23.    Consider awarding contract for striping paint. Exhibits: Department recommendation and Abstract of Bids. Action: Award to Sherwin-Williams Company, Lawton, OK.

24.    Consider approval of payroll for the period of April 30 to May 13, 2001. Exhibits: None.

Separate consideration was requested for Items 8, 10, 19 and 21.

ITEM 8:  Vincent asked that Item 8 not be considered at this time. No action was taken on Item 8.

ITEM 10:  Shanklin said the revised total fee for design services for the Landfill Maintenance Building is $105,000. He asked how much the building would cost. Struthers explained the building would contain an overhead crane system, facilities for track equipment and compactors, and would be a sophisticated maintenance facility estimated to cost approximately $1 million. Shanklin asked if it was necessary and Struthers said it is needed; funding is from the 2000 CIP and was included in that program. Devine asked if the building will have to be moved when the landfill expands. Struthers said no, it will already be located to the south. Shanklin asked if the design was 10% and if it included inspections. Struthers said yes.

ITEM 19:  Baker recommended awarding the contract for auditing to Stanfield & O'Dell, the lowest responsive bidder. He said he felt they would do a good job and for the price difference, could not recommend the other bid.

Purcell said he wanted to comment and get it in the record, he understood there might have been some problems last year and he recommended to the City Manager that before we do the audit this year that someone get in touch with the partner in charge. He said every audit firm, CPA firm, has a partner in charge of an audit and we should get him down here and have a talk with him so we do not have any problems like we might have had last year.

Baxter said with the tight budget, why would the Finance Director recommend spending the additional funds. Baker said Livingston explained his justification in a memo but it was basically that the other firm specializes in auditing for municipalities and they would be intimately familiar with municipal accounting and might be able to provide assistance that Stanfield & O'Dell could not. Baker said we did have difficulties working between our staff and Stanfield & O'Dell this last year, he thought it was a communication problem that could be resolved. Baker said Livingston recommended the other firm and after he discussed it with him, he did not agree and his recommendation would be Stanfield & O'Dell; Livingston still feels his recommendation is valid and he respected him enough to share that with Council but did not agree in this particular case. Baxter said it seemed to be a $23,000 difference, which is almost a full year's worth of work. Baker said that was one of the factors he took into consideration.

VOTE ON MOTION: AYE: Haywood, Baxter, Bass, Hanna, Devine, Purcell, Shanklin, Moeller. NAY: None. MOTION CARRIED.

ITEM 21:  Shanklin said he had checked into this item and was satisfied with the answers.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER

Baker said a report will be sent on high weeds and grass. In April, 184 were abated; owners abated 176 and the City's contractor abated eight so property owners are taking responsibility. Shanklin asked if administrative orders were issued. Baker said yes, and the owners mowed within the ten days, but if there is a subsequent problem, the summary abatement provision would apply.

Baker said resolutions were passed on demolition of property giving owners 15 days to get demolition permits. Two or three owners have started the process for the permit but the 15 days has expired and they need a few more things to get the permit. Baker said he would allow a few more days to get the permits issued unless Council indicated otherwise. Shanklin said before he can get a demolition permit, he must prove to someone he has turned off the water to the building, and a person may dig a ten foot hole all the way around the building and still not be able to find it so they cannot get a permit. Baker said that was an example of the difficulties the owners were having with the utilities. Council did not object to allowing a few more days for owners to obtain demolition permits.

Baker said the first meeting to discuss the preliminary budget will be Monday at 6 p.m. and he would present an overview of the budget at that time.

Haywood said there will be a Great Plains Improvement Foundation banquet at Howard Johnson Hotel on Friday and the Council are invited. Lloyd Benson will be the speaker.

Bass asked that the needed street repair in Ward 1 not be forgotten or delayed.

Baxter said he went to Fort Sill today with the Leadership Lawton Class to watch a firing demonstration which was quite impressive.

Moeller said on the Pebble Creek rezoning, the maps show Red Bud Lane and it continues and shows it to be Pebble Creek Lane, which could be confusing.

LTC Puckett said every Tuesday morning they have a demonstration of about an hour and he invited Council to watch and call him if they wanted to do so. Devine asked if any of the gates at Fort Sill were going to be closed. LTC Puckett said rumors have been going around and he did not know but would check on it further.

Devine welcomed Randy Bass as a new councilmember.

Purcell welcomed Randy Bass as a new councilmember.

Purcell said he had been making comments since last July about the problems at Flower Mound and Lee, and Council got a letter from ODOT saying traffic was going within five miles per hour of the speed limit so it would do no good to reduce it. He said the logic in the letter made no sense at all, there is a problem on this roadway and someone else will be killed if action is not taken. Purcell said the statistics show an average of three accidents over the last seven years, but last year alone there were seven, and that is because of the problem with Wackenhut, which will worsen with the addition of the VA Center.

Purcell said he thinks the citizens and business people know that two weeks from tonight we will be discussing the City Manager's evaluation, and it is important that the citizens let the Mayor and Council know if they think Bill Baker is doing a good job. He said he thought all of the Council knew what he was talking about, there is another move under foot, third time in nine months, he thought it was wrong to do it behind the scenes and the citizens need to know and call their representatives and tell them what they think. Purcell said if business people and citizens think the City Manager is doing a good job, they need to be calling the Mayor and Council to let them know.

Hanna said Wards 1 and 2 will have their monthly meeting on May 18 at 6 p.m. at the H.C. King Center.

Hanna said residents pay $1 on the water bill for drainage maintenance and there are some ditches in Ward 2 that are not receiving the attention that the residents are paying for. Baker said he would turn in the locations to Public Works and there is a dedicated program for that. Hanna said they are on 19th Street and on 14th Street, and the City tried to charge one of the residents for work previously when it was the City's responsibility to do the work.

Shanklin said at 703 Highland there has been an on-going problem with housing rehabilitation work done through the City. There has been correspondence for the last five or six years and the City Manager should designate someone to dig up that correspondence because he, Devine and Haywood would like to see it, see what the problem is, and try to satisfy the resident if possible.

BUSINESS ITEMS:

25.    Pursuant to Section 307 B3, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the acquisition of Ricky Webb's property which is needed for the expansion and upgrade of the City of Lawton Water Treatment Plant in Medicine Park, Oklahoma, and if necessary, take appropriate action in open session. Exhibits: None.

ADDENDUM:

2.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss settlement of the City's claim associated with the case styled Delisa Nevaquaya vs. American Home Products, Case Number CJ-98-665 and CJ-98-666, District Court of Oklahoma County, and if necessary, take appropriate action in open session. Exhibits: None.

The Mayor Pro Tem and Council convened in executive session at 9:10 p.m. and reconvened in regular, open session at 9:30 p.m. with roll call reflecting all Council members present.

Vincent reported on Item 25 that Council entered into executive session pursuant to Section 307B3, Title 25, Oklahoma Statutes, to consider acquisition of Ricky Webb's property in the vicinity of the City's Water Treatment Plant at Medicine Park, Oklahoma. The City Attorney's office recommends a motion to reject the counter offer made by Mr. Webb and withdraw the City's offer.

Vincent reported on Addendum Item Two that Council entered into executive session pursuant to Section 307B4, Title 25, Oklahoma Statutes, to consider possible settlement of the City's claim in the case styled Delisa Nevaquaya vs. American Home Products, Case No. CJ-98-665 and CJ-98-666. He offered to have Cherese Bagwell provide a report.

There being no further business to consider, the meeting adjourned at 9:30 p.m. upon motion, second and roll call vote.