Meeting of 2002-4-23 Regular Meeting

Alice Combs, 1801 Crosby Park Circle, complained about having to pay for refuse service while being out of town for extended periods of time. Discussion was held regarding the refuse availability charge, the vacancy process, and the need for funds to support the City's budget to have services available.

MOVED by Shanklin, SECOND by Baxter, to approve the Consent Agenda items as recommended with the exception of Item 22. AYE: Devine, Purcell, Shanklin, Moeller, Haywood, Baxter, Bass. NAY: None. MOTION CARRIED.

2. 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: Stacey and Luz E. Cornelious; Gary and Lesley Helton; Bill and Jacqueline McNeal; Hilde McCarty; and William Duenez, Jr. Exhibits: Legal Opinions/Recommendations; Resolution No. 02-53, 02-54 and 02-55. Hilde McCarty - $310.00; William Duenez, Jr. - $125.00

A resolution authorizing and directing the City Attorney to assist Stacey and Luz E. Cornelious 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 Six Hundred Eighty-Two Dollars and 56/100 ($682.56).

A resolution authorizing and directing the City Attorney to assist Gary and Lesley Helton in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the amount of Six Hundred Dollars and 00/100 ($600.00).

A resolution authorizing and directing the City Attorney to assist Bill and Jacqueline McNeal in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the amount of Seven Hundred Thirty Two Dollars and 50/100 ($732.50).

3. Consider adopting a resolution amending Resolution No. 02-40, authorizing the City Attorney to enter into an economic settlement agreement for the additional sum of $17,000 for a total settlement of $24,800, in the District Court of Comanche County, Oklahoma, as settlement of the damage claim of Joseph LeGrand and directing the City Attorney to prepare and file a friendly suit and journal entry incorporating said resolution and settlement agreement for the court's approval. Exhibits: Resolution No. 02-56.

A resolution amending Resolution No. 02-40, authorizing and directing the City Attorney to assist Joseph LeGrand, Ernestine Lowery, and Mary LeGrand, by and through their attorney, Jerry W. Foshee, in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the amount of Twenty Four Thousand Eight Hundred Dollars and no/100 ($24,800.00).

4. Consider approving the purchase of the Michael J. and Kristen L. Corrales property located at 1106 NW 51st Street, Lawton, Oklahoma, and authorize the Mayor and City Clerk to execute the acceptance of the Contract for Sale of Real Property. Exhibits: None. Action: Approve the purchase in the amount of $103,000, which is the appraised amount of the property.

5. Consider accepting a Quit Claim Deed for the right-of-way for Quanah Parker Trailway from NW 52nd Street to NW 67th Street which has been donated by the Department of Transportation of the State of Oklahoma and authorize the Mayor and City Clerk to execute the Acceptance. All of this right-of-way is located in Section 21, Township 2 North, Range 12 West, situated in Comanche County, State of Oklahoma. Exhibits: None. Action: Acceptance of deed.

6. Consider ratifying the action of the City Attorney in approving a Professional Services Agreement between the City of Lawton and Southwest Abstract Company and authorize the Mayor and City Clerk to execute the Agreement. Exhibits: None. Action: Approval re: name and mailing address of owners within 300 feet of 2312 and 2402 NW Crosby Park Boulevard from bonded abstractor in connection with street closing.

7. Consider ratifying the action of the City Attorney in approving a Professional Services Agreement between the City of Lawton and Southwest Abstract Company and authorize the Mayor and City Clerk to execute the Agreement. Exhibits: None. Action: Approval re: name and mailing address of owners within 300 feet of Lots 1-5, Block 1, Country Club West Addition, Part 1, from bonded abstractor in connection with vacation of easements for the new Fire Station #5 Project.

8. Consider ratifying the action of the Lawton Water Authority approving a Surface Sub-Lease Contract between the Lawton Water Authority, whose principal beneficiary is the City of Lawton, and Cameron University, and authorize the Mayor and City Clerk to execute the contract. Exhibits: None. Action: Approval.

9. Consider approving a resolution authorizing the installation of traffic control devices on SE Kinkaid at Glenbrook, SE Hardin at Glenbrook, SE Mills at Glenbrook, SE Brown at Glenbrook, and SE 47th and Glenbrook. Exhibits: Resolution No. 02-57.

11. Consider adopting a street light resolution to authorize the installation of street lights at NW 17th and Rogers Lane, McMahon Park and Kid's Zone. Exhibits: Street Light Res. No. 420. Action: Approval.

12. Consider approval of a State-Local Disaster Assistance Agreement with the Oklahoma Department of Civil Emergency Management for a $20,000 grant for the preparation of an All-Hazards Mitigation Plan and authorize the Mayor to execute the agreement. Exhibits: Letter; Agreement. Action: Approval.

13. Consider submission of a grant application to the Environmental Protection Agency and amend the contract with CH2M-Hill Engineering for professional services in an amount not to exceed the grant and authorize the Mayor and City Clerk to execute related documents. Action: Approval.

14. Consider issuing a revocable permit for the use of the SW 8th Street right-of-way adjacent to the building located at 715 SW B Avenue for a circular drive. Exhibits: Application; Survey; Revocable Permit. Action: Approval.

15. Consider approving an amendment to the Agreement between the City of Lawton and ZOE N.E.E.D. Program, Inc. dated October 24, 2000. Exhibits: 1st Amendment to Agreement. Action: Approval.

16. Consider authorizing a donation from the LaSill Optimist Club to the City of Lawton Parks & Recreation Department of a 1969 International Refrigerator Truck that is used mainly to store bags of ice for concession use and department sponsored sports tournaments. Exhibits: Donation Letter from the Optimist and a Letter of Value and Maintenance. Action: Approval.

17. Consider recommendation to extend the option to renew the Fisherman's Cove lease with Dean W. Robbins (Fisherman's Cove Lessee) for one of the three additional periods of five years. Exhibits: Letter from Mr. Dean Robbins. Action: Approval.

18. Consider approving an extension to a lease agreement between the City of Lawton and the Wichita Mountains Area Senior Citizens' Center and authorize the Mayor and City Clerk to execute the extension. Exhibits: Letter. Action: Approval.

19. Consider approving plans and specifications for the Lake Ellsworth Gate Operator Repair Project #2000-23 and authorizing staff to advertise for bids. Exhibits: None. Action: Approval.

20. Consider approving the following contract extensions: A) Striping Paint with The Sherwin Williams Company; B) Water Meters, Parts and Repairs with Invensys Metering Systems. Action: Approval.

Vincent said the successful bidders agreed to an amendment to the specifications; staff recommendation was to award the bid to: B.H. Harris, Dale's Tractor Service, Teen Challenge, and Beaver Creek Tractor.

Shanklin expressed concern about contractors not doing edging and discussion was held on which areas would be edged and on the properties mowed as abatement of nuisances, rather than landscaping. Baker pointed out that award of these contracts will cause an increase of approximately $77,000 in next year's budget for this service, which was done previously in-house but many complaints were received when crews could not keep up with the work load.

26. Hold public hearings and adopt resolutions declaring the structures at: 1005 SW Railroad, 305 NW 17th Street, 505 SW I Avenue, and 204 NW 3rd Street, to be dilapidated and dangerous, thus causing a blighting influence on the community and detrimental to the public's health and safety; authorize the City Attorney to initiate legal action declaring a public nuisance in District Court and Neighborhood Services to solicit bids to raze and remove structures, if appropriate. Exhibits: Resolutions.

1005 SW Railroad: Angie Alltizer, Neighborhood Services, presented video of the property, noting the owner requested condemnation to allow reduced tipping fees at the landfill. The property has become unsecured recently and there is evidence of vagrant activity.

A resolution declaring a certain structure a dilapidated public nuisance, detrimental to the health, benefit, and welfare of the community; ordering the dilapidated structure be brought to habitable standards or demolished and removed; and authorizing the City Attorney to initiate legal action in Comanche County District Court to abate such nuisance. Address: 1005 SW Railroad Street, Beal Addition, Block 1E, ½ of Lot 14. Title Holders: Dale Monroe; Mortgage Holders: Household Finance Corp.

A resolution declaring a certain structure a dilapidated public nuisance, detrimental to the health, benefit, and welfare of the community; ordering the dilapidated structure be brought to habitable standards or demolished and removed; and authorizing the City Attorney to initiate legal action in Comanche County District Court to abate such nuisance. Address: 305 NW 17th St., Mountain View Addition, Block 39, ½ Lots 11-13. Title Holders: Tony Farnsworth; Mortgage Holders: None.

505 SW I Avenue: Alltizer presented video of the property, which was overgrown with bushes and trees and has been vacant for many years. Neighbors are using the lot to park their equipment, there is trash on the property and there has been no contact from the owner or mortgage holder. The property is unsecured and the City has mowed it two or three times. It was noted that other houses in the area were also being processed for condemnation.

A resolution declaring a certain structure a dilapidated public nuisance, detrimental to the health, benefit, and welfare of the community; ordering the dilapidated structure be brought to habitable standards or demolished and removed; and authorizing the City Attorney to initiate legal action in Comanche County District Court to abate such nuisance. Address: 505 SW I Avenue, Woods Addition, Block 28, Lots 27-28. Title Holders: Universal Portfolio Buyers; Mortgage Holders: Bankers Trust Co of Calif

204 NW 3rd Street: Alltizer presented video of the property showing extensive damage from a fire approximately two years ago and a large hole in the roof. The City has mowed it at least three times a year, has secured it and holds liens on the property. A neighbor is present to request condemnation, the owner is deceased but representatives may be present.

Steve Miller, 920 SW 9th Street, said the property belonged to his wife's aunt, who is deceased, and he explained their efforts to gain title. He asked if they could have a week to find a buyer for the house. Purcell said that would not solve the problem for the neighbors of having a dilapidated house next to them. Miller said if they could sell it to a remodeler, it could be repaired and used as rental property, but it is on 1/4th of a lot so if it is demolished, nothing can be built on it and it is even too small for a mobile home. Shanklin said the cost to remodel would likely exceed the total value of the structure.

MOVED by Shanklin, SECOND by Baxter, to adopt Resolution No. 02-61 and that it not go into effect for 30 days. AYE: Haywood, Baxter, Bass, Devine, Purcell, Shanklin, Moeller. NAY: None. MOTION CARRIED.

A resolution declaring a certain structure a dilapidated public nuisance, detrimental to the health, benefit, and welfare of the community; ordering the dilapidated structure be brought to habitable standards or demolished and removed; and authorizing the City Attorney to initiate legal action in Comanche County District Court to abate such nuisance. Address: 204 NW 3rd Street, North Addition, Block 41, N35' of S100' of Lot 16 & N1.25' of S 65' of Lot 16. Title Holders: Joe B. Franks, Judy Franks. Mortgage Holders: None.

Baker said this has been discussed by Council previously and had been mentioned to him again for it to be considered. He said the function can be done in either department, although if it is moved to Public Works the key will be to maintain good communications between the departments. Baker recommended approval of the transfer and said if it does not work out, it can be changed back.

Purcell asked the advantages and disadvantages of the proposal. Baker said advantages would be to decrease the immediate responsibility of the Revenue Services Supervisor allowing him to address other areas of the division; employees will have a better opportunity to receive promotions in Public Works by allowing supervisors to observe their work habits first hand; one division would be responsible for repairs which has been a problem in the past; cross training could be done and employees could be more productive by helping with tasks such as yard restoration after they finish reading meters; and field employees would be moved out of City Hall. Baker said the management and supervision in Public Works over field employees has been very good, and sometimes just making a change can be an improvement.

Baker said disadvantages would be the need for coordination between the departments, which could affect the customers as far as getting timely service. He said the senior meter reader is doing a good job and he would be transferred also to keep things running smoothly and supervise the immediate operation.

Haywood asked if the employees would receive a pay increase. Baker said he would see about making the positions equal to those in the division they would be transferred to, to include making the senior reader a field supervisor.

Bass asked Devine why he thought the meter readers should be transferred to Public Works. Devine said his name was not supposed to be listed as an initiator on the item. Devine said the taping and boring were moved to Public Works and it worked out well, and it was brought to his attention that this was also needed but last time he brought it up he was left hanging out on a limb.

Purcell asked if this transfer would cause an increased cost. Baker said yes, he anticipated it would increase the cost but it would not be a large increase. Baker said he needed guidance so he could go forward in preparing the preliminary budget.

Renee Plata, 17 year employee of Revenue Services Division, spoke in opposition to the transfer stating the meter readers are the backbone of the billing system, the division depends on them to be able to get the bills out and the City depends on the revenue from those bills. She handed out information showing work done by the meter readers in a month and explained those functions and how they relate to the employees responsible for billing. Plata said it may decrease the responsibility of the Revenue Services Supervisor, but the employee in charge of the division where they would be moved to has been very ill recently. She pointed out that meter readers are required to have licenses to perform their duties.

Plata said she did not feel the employees would hurry through their routes to be able to finish in time to get in a ditch and do work of that nature. She said the volume of work produced by the meter readers now is very good, and maybe they could do more, but the foreman position over the meter readers was deleted from the budget.

Plata said all of the meter readers were given a raise last year and that was an insult to other employees. She said the clerical staff would have to absorb the extra work of communicating with the meter readers through another division, and enough mistakes are made now without having this extra problem.

Mark Moore, 3139 Kinyon, said he thought the transfer would cause a lot of headaches, such as Plata had described. He said he had been doing this for nine years, mistakes are made now and they would likely double trying to operate under the set up that is proposed. Moeller asked about the license requirements and Moore explained the State DEQ requires Class D licenses for anyone who sets a water meter.

Purcell asked if Jerry Ihler could give his opinion. Baker asked Ihler to respond honestly, despite their earlier conversations. Ihler said it was inferred that they solicited this in Public Works and that was not the case. He said he would try to make it work if Council decided it should be moved, but he felt the communication problems would be a nightmare and he was not in favor of the transfer. Ihler said he felt they were good employees but that it would not be good to move them.

39. Consider approving a Revocable Permit to Outdoor America, Inc. for the continuation of a non-accessory sign over the SE Interstate Drive right-of-way. Exhibits: Letter of Request; Revocable Permit.

Bob Bigham, City Planner, said Outdoor America is purchasing the signs of another company, and the sign in question was the subject of a previous revocable permit, so the item is to issue a new permit to the new company. Baxter asked if this was the sign that there had been so many problems with before and Bigham said yes. Purcell asked how it would work since the Council disapproved the rezoning. Bigham reviewed history of the sign and the zoning and permits.

Baxter asked if the other signs could be bought and exclude this one. Terrall Wood, owner of Outdoor America, said they came as a package. Baxter asked if Wood would be willing to take the sign down. Wood said there was money transacted for the value of the sign so they would like to leave it up and improve it. Baxter asked if they planned to advertise for businesses such as strip clubs. Wood said no, their company does not accept any advertising for alcohol, tobacco or adult entertainment, it is a Christian owned company and they would not allow such advertisements on their signs.

Chuck Wade, attorney representing the current owner, said they had discussed the assurances Council had been given by his client with the buyer and he was agreeable to providing those same assurances with regard to types of advertising.

Purcell said he did not see a reason to make them go through another rezoning application. Shanklin amended his motion to delete paragraph five of the proposed revocable permit dealing with zoning. Baxter seconded the amendment.

Baker said he was trying to reduce the number of employees who report directly to the City Manager. He said the employees would be transferred to the Finance Department and would continue to do audit work and many of the duties they now perform. Baker said an external auditor would be used in case of questions involving the Finance Department to prevent any conflicts. He said 16 employees currently report to the City Manager and that is too many.

Purcell agreed with the motion and stated he did not feel Auditing should be under another department, they should report directly to the City Manager, and national problems could have been avoided if Enron and Arthur Andersen would have established proper accountability for auditing.

Baxter agreed with Purcell and asked the number of employees in the Finance Department. Steve Livingston, Finance Director, said he had four sections, did not have the exact number of current employees but it was less than they had in 1989. Baker pointed out his recommendation was not a reflection on the quality of work done by the employees in Auditing.

Baker said Council had previously approved this and difficulty was encountered in recruiting to fill the position of department head. He said this action would create a new Community Services Department and the divisions would be Planning, Building Development, Housing and Community Development, Neighborhood Services and Animal Welfare, which would reduce the span of control for the City Manager by three persons.

Moeller asked if this would freeze the salaries of those currently serving as department directors, and the department director that is hired would be making more than those persons. Baker said the three directors would become assistant directors and their salaries would be frozen, and the new director would be hired at a greater rate of pay than those individuals receive. Moeller asked how this could not cost more. Baker said it will cost more but a position was previously eliminated to allow for this, and approximately one-third of this director's salary can be paid from CDBG since he will supervise that activity. Discussion was held on recruiting for and being able to fill this position, internally or externally.

30. Consider waiving Council Rules of Procedure, and if waived, consider adopting a City Council resolution to support an Oklahoma Affordable Housing Tax Credit (OAHTC) application by McSha Properties, Inc. to the Oklahoma Housing Finance Agency (OHFA) and authorize the Mayor and City Clerk to execute the document. Exhibits: Resolution No. 02-____; Excerpt of 12/18/01 Council Minutes.

31. Consider adopting a resolution authorizing the Municipal Court to implement a limited amnesty program during the month of May 2002, and further authorizing the Municipal Judge to promulgate rules and regulations governing the program, including requirements for eligibility to participate in the program. Exhibits: Resolution No. 02-62.

Mayor Powell encouraged adoption of this program. Donna Mata, Court Clerk, explained this would allow for clearing old warrants without persons fearing larger costs or jail time, it would clear out old files and hopefully produce a certain amount of income. Persons would be charged for the original tickets but not for the additional costs for failing to appear.

A resolution authorizing the Municipal Court to implement a limited amnesty program during the month of May, 2002, and further authorizing the Municipal Judge to promulgate rules and regulations governing the program.

Upon motion, second and roll call, the Mayor and Council recessed at 8:05 p.m. and reconvened in regular, open session at 8:15 p.m. with roll call reflecting all members present except Hanna.

1. Consider waiving Council Rules of Procedure and, if waived, consider a resolution to rescind Resolutions No. 02-50 and 02-51, declaring structures at 1107 NW Bell Avenue and 1106/1108 NW Columbia to be dilapidated and dangerous, thus causing a blighting influence on the community and detrimental to the public's health and safety. Authorize Building Development to issue appropriate construction/remodel permits upon submission and review of complete application materials. Exhibits: Resolution No. 02-____.

Shanklin said the property is located in Ward Five, they wanted 90 days at the last meeting and it was not granted but they were told they could appeal to District Court. He said it has to come to this to get the attention of the owners, which has been done, and they are proposing to sell the property to Larry Gee, who lives across the street and has the capability of making necessary renovations.

MOVED by Shanklin, SECOND by Bass, to table enforcement of Resolution Nos. 02-50 and 02-51 for 190 days. AYE: Baxter, Bass, Devine, Purcell, Shanklin, Moeller, Haywood. NAY: None. MOTION CARRIED.

2. Consider approving an agreement with the Board of County Commissioners of Comanche County to submit a Joint Application for Juvenile Accountability Incentive Block Grant funds. Exhibits: Letter; Agreement.

MOVED by Shanklin, SECOND by Baxter, to approve the agreement with the Board of County Commissioners of Comanche County to submit a Joint Application for Juvenile Accountability Incentive Block Grant funds. AYE: Bass, Devine, Purcell, Shanklin, Moeller, Haywood, Baxter. NAY: None. MOTION CARRIED.

32. Consider directing staff to initiate the process to downzone the properties along NW Fort Sill Boulevard between Gore Boulevard and Ferris Avenue to a more restrictive zoning classification. Exhibits: Current Zoning Map; Current 2025 Land Use Plan; Proposed Zoning Map.

Moeller asked about the four lots on the corner of 11th Street. Shanklin said the people who own the houses do not want to live there or maintain the property, and the Braum's request may need to be reconsidered. Purcell asked if these would go before the Planning Commission and Shanklin said yes. Bigham asked if the area to Ron Stephens Stadium was to be included and Shanklin said yes.

33. Consider recommendation to authorize Kent Waller (School House Slough Lessee) to construct 15 additional drystalls at School House Slough at Lake Lawtonka. Exhibits: Letter of Request and receive presentation by Mr. Kent Waller; Sections 2.5 and 2.9 of Existing Contract.

Kim Shahan, Parks & Recreation Director, said Mr. Waller is requesting permission to construct 15 additional drystalls in addition to the existing 80 drystalls. The Lake & Land Commission recommended approval of the request.

Shanklin said a comment was included that the City could have to purchase the improvements and asked how many extensions were left on the lease. Waller said there were three five-year renewal options. Shanklin asked if the City had to buy the improvements. Devine said an opinion had been given that the City is not responsible to buy the improvements if the City did not plan to use them and Vincent agreed. Devine said if Waller does not desire to extend his lease, the City is not required to purchase improvements.

34. Consider approving recommended parking revisions in the downtown area to replace certain existing parallel parking spaces with angle parking spaces. Exhibits: Downtown Parking Review Report.

Dan Tucker, Building Development Director, reviewed the staff report regarding downtown parking. Discussion was held concerning complying with the wishes of churches as to whether parking would be parallel or angle. Bass asked if this would cost $30,000. Tucker said yes, all existing markings will have to be removed, angles set to create the angle parking, and each space must be painted. Bass asked if an architect was required and Tucker said no. It was noted that work cannot be accomplished quickly.

35. Consider request from Oscar Glover for the sale of treated water to service a sixty (60) acre residential subdivision located at approximately the northwest corner of SE 60th Street and Bishop Road. Exhibits: Letter of Request; General Location Map; Council Policy 5-2.

Bigham reviewed the request for sale of treated water to a proposed residential subdivision outside the City limits. Purcell said there is a problem with low water pressure in this area already and asked if Glover planned to make system improvements to improve water pressure for fire protection. Bigham said it was Glover's intention to provide water only for domestic use but not for fire protection. Devine spoke in opposition to the request, stating the area needed to be annexed to allow for proper controls by the City. Devine said annexations may be requested in the near future in both the east and west edges of the City and that a large residential development to the west may eventually have to be annexed, at a substantial cost to the citizens of Lawton, and the possibility of that happening again in this case should not be allowed.

Baker said agreements called for these agencies to purchase water within a given time frame but neither has been able to do so. He suggested notification letters be sent stating an intention to terminate each contract within 120 days if taps and water purchases are not commenced. Baker said the water may be needed for use by Lawton residents and no money was being received for tying it up.

Vincent said the attorney and engineer for Cotton County Rural Water District #2 are present and may request the contract be negotiated in the upcoming 120 day period. Dennis Myers, CKT Rural Water Association, said his group was seeking recognition as a rural water district and would request the same ability to renegotiate.

Baker said staff does not recommend negotiating for sale of raw water until policy decisions are made concerning selling water outside the city limits. Purcell asked where Jefferson County is located and response was the Waurika area.

Milton Knudson, General Manager of Jefferson County RWD #1, said they were talking about the 42-inch line from Waurika and that they serve a five county area and need an additional water source. Shanklin asked if they have a treatment plant and Knudson said no, but they would build one if they could obtain an adequate supply of raw water. Mayor Powell asked when they planned to do that and Knudson said as soon as they could obtain a water source. Shanklin said Lawton has a lot of water available from Waurika and has not used it, and did not want to lose the ability to do so by the federal government.

Baxter asked if the water rate consultant was involved and Shanklin said this is raw water. Mayor Powell said there is also a need to know the value in that case. Discussion was held on whether or not it would be proper to at least visit with the district concerning their desires to purchase water.

MOVED by Purcell, SECOND by Bass, to sit down with Jefferson County Rural Water District and see if we can come up with a deal and it is fine either way. AYE: Baxter, Bass, Purcell, Shanklin, Moeller. NAY: Devine, Haywood. MOTION CARRIED.

Shanklin asked which budget this would be purchased from and Livingston said this year and the next two years. Shanklin said the Specifications Committee was done away with and the specifications appear to restrict responsive bids to a single firm.

Vincent said all of the bidders had stated they would be able to bid and meet the specifications, but the bids turned in by some of the firms did not meet the specifications. Devine asked the Fire Chief if he was happy with the firm selected and Hadley said yes and they have provided good products in the past.

41. Consider receiving a presentation from the Sewer Construction Rehabilitation Division and the Sewer System Technical Division regarding the current status of work in accordance with Consent Order No. 95-109. Exhibits: None.

Jerry Ihler, Public Works Director, distributed a time schedule for the project and stated work is proceeding in accordance with the time allotted by DEQ, allowing for bad weather days. Sub-basin 316 was to be done in Phase II and designed in 2004 but notice has been received that EPA will provide a $2 million grant, which will be used for this project. Mayor Powell said $5 million was requested and he found on his recent trip to Washington, D.C. that $2 million would be given and they will continue to go after the additional $3 million. Shanklin asked the location and response was 38th to 53rd from Rogers Lane to Cache Road. Purcell asked if the chart shows projects were done in Phase I and Phase II for the money available and Ihler said yes.

A slide was shown of the Wet Weather Facility at the Wastewater Treatment Plant, as well as the Arnold Park and Carver Street Upgrade Projects, both of which are complete. NW 43rd Street from Lincoln south was in Phase II but was done as an emergency in Phase I due to problems with the line; pictures were presented and this project is complete.

A map of Sub-basin 205 was shown, which includes replacement of six and eight-inch lines by open trench and by pipe bursting, and this project is complete. Sub-basin 201 is south of Lee from Railroad to 17th Street and it is 95% complete, with completion anticipated the end of May. Pictures of pipe bursting at 5th and Monroe were shown. Sub-basin 203 is 60% complete and it is from 11th to Sheridan south of Lee. The area north of Lee toward Ferris and west of Sheridan will be finished by the end of the year.

Pictures of lines in Sub-basin 203 were shown and work is completed. Large line expansion upgrade will be done the rest of the year, starting at Doe Doe Park going north of Ferris. Material is on site and we are waiting for the DEQ permit. Manhole rehabilitation pictures were shown where work was being done to prevent infiltration.

A slide was presented on engineering costs, which were projected at $1.7 million in 1997; actual expenses to date and through the upcoming budget are $1,463,000, for a savings of $281,625. A slide was presented on construction costs, which were projected at $12 million; actual expenses are under $11 million, for a savings of about $1 million. There was a $2.6 million savings by doing this in-house rather than by contract, so a total of $4 million has been saved in this program. Loans from OWRB have been received and are being repaid through the $2.35 on the utility bill for Phase I. 98,000 lf of pipe have been laid. SSES showed a need to install 151,000 lf of pipe in Phase I and crews will install over 200,000 lf of pipe in Phase I. A slide was presented showing the challenges of bad weather, tight easements, fences, buildings and trees and debris in alleys. Crews must clean these before working.

Shanklin asked if other cities are doing this in-house. Ihler said they had been contacted by some cities and staff had given presentations at conferences explaining how this is being done in Lawton. Mayor Powell said it was important to Senator Inhofe that this was being done in-house and may have helped get the grant funds. Devine said the crews are doing high quality work and there had been past discussions about restricting who would be allowed to tap sewer mains, and that may need to be considered again to protect the City's investment in the new mains.

COL Steuber said Fort Sill's force protection exercise was successful and cars did not have to wait longer than 15 minutes to gain access to the post; a 30 minute maximum wait was the goal. He expressed appreciation to the Lawton Police Department for assisting in traffic monitoring and controls. Steuber said the Sooner Spring exercise went well and Reynolds Hospital was glad to participate, and an exercise will be held at Fort Sill on May 8 for first responders.

COL Steuber said Fort Sill is mandated by the Department of Defense to have a narrow band trunk radio system by 2005 that will be compatible with city, county and state law enforcement agencies and first responders; the goal is to have a regional communication capability, which would be helpful to everyone.

COL Steuber reported that Fort Sill received $16 million for building improvements, particularly the heat and air systems, and it is greatly appreciated and a step in the right direction. He reported on Fort Sill's participation in the Trash Off, where over 5,000 bags of trash were collected in addition to the City's efforts.

Shanklin said he was seeing more darkly tinted car windows and hearing extremely loud music being played, as well as a particular vehicle speeding. He asked if the DOC contract had been done for alley clean up and Tim Wilson, Asst. City Attorney, reported it was under review by DOC legal staff.

Devine asked when the RFP on Nine Mile Creek would be ready and Ihler said it is just about finished. Devine asked about the 22nd and Williams project and Ihler said the in-house design would be ready in about six months. Haywood asked the funding source for that project and Ihler said CDBG.

Bass said the homes on 51st Street that the City is buying are being appraised like they are not in a flood zone and asked the reason for that. Vincent said the guidelines are set by the Corps of Engineers and they had to assist our appraiser as to the appropriate methods, which caused higher costs. Vincent said the City's payment for the houses will be part of the required matching funds for the project.

Mayor Powell commended staff and participants on the Sooner Spring exercise held recently. He commended those who participated in Earth Day and the Trash Off and gave statistics of recycling and trash collected. Mayor Powell announced a special Council meeting for April 30 at 6 p.m. to discuss the CDBG One-Year Consolidated Plan.

42. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the possible settlement of pending lawsuits of Mike Cornish, Case No.CJ-1993-253 and CS-97-138, District Court of Comanche County, and if necessary, take appropriate action in open session. Exhibits: None.

43. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the pending lawsuits titled City of Lawton vs. International Union of Police Associations (IUPA), Local 24 & Diane Jones, in the District Court of Comanche County, Case No. CJ-2001-1080; City of Lawton vs. Diane Jones, in the District Court of Comanche County, Case No. CM-2001-1282; City of Lawton vs. International Union of Police Associations (IUPA), Local 24 and Diane Jones FMCS #02-01287; City of Lawton vs. International Union of Police Associations (IUPA), Local 24 & Diane Jones FMCS #020306-06313-8; and take necessary action, if necessary, in open session. Exhibits: None.

44. Pursuant to Section 307B2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss negotiations for an Employment Agreement for FY 2002-2003 between IUPA, Local 24, and the City of Lawton, and take appropriate action in open session if necessary.

MOVED by Baxter, SECOND by Purcell, to convene in executive session as shown on the agenda and as recommended by the legal staff. AYE: Devine, Purcell, Shanklin, Moeller, Haywood, Baxter, Bass. NAY: None. MOTION CARRIED.

The Mayor and Council convened in executive session at approximately 9:30 p.m. and reconvened in regular, open session at approximately 9:53 p.m. with roll call reflecting all members present except Hanna.

On Item 42, Vincent reported executive session was held concerning the Cornish case and he recommended a motion to approve settlement, including all fees, in the amount of $31,000 and to adopt a resolution in this regard.

A resolution authorizing the City Attorney to enter into an economic settlement agreement in the amount of Thirty One Thousand Dollars and no/100 Dollars ($31,000.00) as settlement of claims filed by Michael D. Cornish, directing the City Attorney to prepare and file a journal entry incorporating said resolution and settlement agreement for the court's approval.

On Item 43, Vincent read the item title shown above regarding Diane Jones and IUPA, and reported executive session was held as shown. He recommended a motion to deny the settlement offer and send a rejection letter.

MOVED by Baxter, SECOND by Purcell, to deny the settlement offer and send a rejection letter. AYE: Shanklin, Moeller, Haywood, Baxter, Bass, Devine, Purcell. NAY: None. MOTION CARRIED.