LAWTON CITY COUNCIL REGULAR MEETING

MAY 14, 2002 - 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

                            LTC Anthony Puckett, Fort Sill Liaison

The meeting was called to order at 6:48 p.m. by Mayor Powell. 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

                    Amy Ewing-Holmstrom, Ward Four

                    Robert Shanklin, Ward Five

                    Barbara Moeller, Ward Six

                    Stanley Haywood, Ward Seven

                    Michael Baxter, Ward Eight

ABSENT:                None.

CONDUCT ELECTION OF MAYOR PRO TEM

MOVED by Hanna, SECOND by Moeller, to elect Glenn Devine as Mayor Pro Tem.

SUBSTITUTE MOTION by Ewing-Holmstrom, SECOND by Bass, to elect Michael Baxter as Mayor Pro Tem. AYE: Haywood, Bass, Ewing-Holmstrom. NAY: Hanna, Moeller. ABSTAIN: Baxter, Devine, Shanklin. SUBSTITUTE MOTION LACKED FIVE AFFIRMATIVE VOTES FOR PASSAGE.

VOTE ON ORIGINAL MOTION to elect Devine: AYE: Hanna, Moeller. NAY: Baxter, Bass, Ewing-Holmstrom, Haywood. ABSTAIN: Devine, Shanklin. MOTION FAILED.

Haywood nominated Bass who declined. Hanna nominated Haywood who declined.

MOVED by Bass, SECOND by Haywood, to elect Shanklin to continue to serve as Mayor Pro Tem. AYE: Bass, Hanna, Haywood. NAY: Ewing-Holmstrom, Moeller, Baxter. ABSTAIN: Devine, Shanklin. MOTION LACKED FIVE AFFIRMATIVE VOTES FOR PASSAGE.

Shanklin said Devine and Baxter needed to work it out between themselves. Hanna said the Mayor Pro Tem needs to be able to devote quite a bit of time to the position, and hopefully nothing will happen to the Mayor, but should anything happen, that person would have to devote even more time to the position, so that should be kept in mind as far as who would be able to get away from their jobs to do this.

MOVED by Moeller, SECOND by Hanna, to elect Devine as Mayor Pro Tem.

SUBSTITUTE MOTION by Haywood, SECOND by Bass, to elect Baxter as Mayor Pro Tem. AYE: Ewing-Holmstrom, Haywood, Baxter, Bass. NAY: Hanna, Moeller. ABSTAIN: Devine, Shanklin. MOTION LACKED FIVE AFFIRMATIVE VOTES FOR PASSAGE.

Mayor Powell asked if he could vote since it was four, two and two. Vincent said an abstention is not counted as either a yes or a no. The City Attorney read the Charter provision concerning Mayor Pro Tem. Devine said he would step aside and let Baxter have it.

SUBSTITUTE MOTION by Devine, SECOND by Haywood, to elect Baxter as Mayor Pro Tem.

Moeller withdrew the motion on the floor.  Substitute motion therefore becomes the primary motion.

VOTE ON MOTION to nominate Baxter:  AYE: Devine, Ewing-Holmstrom, Shanklin, Moeller, Haywood, Bass. ABSTAIN: Baxter, Hanna. MOTION CARRIED.

AUDIENCE PARTICIPATION:

Carl Burtock, 5302 NW Elm, said his concern was traffic control on NW 53rd between Cache Road and Gore Boulevard. He said he lives on the corner and in the last nine months his house had been run into twice, and on May 2 a 20 year old male traveling 90 miles an hour rolled his car and died there. Burtock said when 53rd was repaved three summers ago, problems were anticipated because of the smooth road, and two weeks ago he was on the news about his house being run into for the second time and said then that someone would end up dying, and that happened two days later, which is sad to say.

Burtock asked for traffic control, speed bumps or speed humps, or a light at 53rd and Meadowbrook on a timed system, or even at Columbia because of Edison Elementary. He said 53rd has turned into a "Grand Prix of Lawton" since its pavement, and there is a school district for Western Hills Elementary on 53rd.  Burtock said he consistently calls the police, which is a bother to them and if they do not see it, they cannot do anything about it, he gives vehicle descriptions and tag numbers but all they can do is find them and give them a warning because they did not physically see them. He said they will get frustrated with him calling but he cannot help it because his children go to that school, as do others, and the speed limit and school zone signs are in his side yard and have been run over four times; the light at the crosswalk got run over this last winter; 53rd is a school zone between Eisenhower Junior High and Western Hills and a church.  He asked that some action be taken.  Mayor Powell said the concern had been expressed well and he hoped appropriate action would be taken.

CONSENT AGENDA :

Separate consideration was requested for Items 5, 6, 18, 21, 23, 24, 30, 32 and 35.

MOVED by Shanklin, SECOND by Bass, to approve the Consent Agenda items as recommended with the exception of those requested for separate consideration. AYE: Ewing-Holmstrom, Shanklin, Moeller, Haywood, Baxter, Bass, Hanna, Devine. NAY: None. MOTION CARRIED.

1.    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:  George and Pat Cress; Linda S. and Gary G. Puckett; Phillip R. and Kyowg H. Brock; Virginia L. Grant and Tracy Woody. Exhibits: Legal Opinions/Recommendations; Three Resolutions (On file in City Clerk's Office).  

(Title)        Resolution No. 02-65

A resolution authorizing and directing the City Attorney to assist George and Pat Cress 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 One Thousand Two Hundred Dollars and 00/100 ($1,200.00).

(Title)        Resolution No. 02-66

A resolution authorizing and directing the City Attorney to assist Phillip R. and Kyowg H. Brock 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 Six Hundred Dollars and 00/100 ($1,600.00).

(Title)        Resolution No. 02-67

A resolution authorizing and directing the City Attorney to assist Virginia L. Grant and Tracy Woody 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 One Thousand Ninety Four  Dollars and 74/100 ($1,094.74).

NOTE: For the record, there is no Resolution No. 02-68.  The Puckett claim was for $90 and a resolution was not needed.

2.    Consider the following damage claims recommended for denial: Joseph L. Cooler and Albert E. and Carol J. Daily. Exhibits: Legal Opinions/Recommendations. Action: Denial of claims.

3.    Consider adopting a resolution ratifying the action of the City Attorney in filing and making payment of the judgment in the Workers' Compensation case of Jeffery R. Hall in the Workers' Compensation Court, Case No. 2001-13927R. Exhibits: Resolution No. 02-69.

(Title)        Resolution No. 02-69

A resolution ratifying the actions of the City Attorney in making payment of the judgment in the Workers' Compensation case of Jeffery R. Hall for the amount of Twenty One Thousand Five Hundred Sixty Seven Dollars and 00/100s ($21,567.00) per order of the Workers' Compensation Court, and filing a foreign judgment in the District Court of Comanche County for purposes of placing said judgment on the tax rolls.

4.    Consider ratifying the action of the City Manager and City Attorney in not appealing the Workers' Compensation case of Randy Taylor in the Workers' Compensation Court, Case No. 2001-7492-Q. Exhibits: None. Action: Approval.

5.    Consider authorizing a Resolution of Necessity for real property acquisition for the Meadowbrook Creek Local Flood Protection Project. Exhibits: Resolution No. 02-70. (On file in City Clerk's Office).

Bass asked how many more homes would be required for this project. Vincent said this item does not involve taking any homes, but is only for easements and most of them will be temporary easements.

MOVED by Bass, SECOND by Baxter, to approve Resolution No. 02-70. AYE: Devine, Ewing-Holmstrom, Shanklin, Moeller, Haywood, Baxter, Bass, Hanna. NAY: None. MOTION CARRIED.

(Title)        Resolution No. 02-70

A resolution declaring the necessity for acquiring and owning real property, permanent and temporary easements and rights-of-way to certain property described in Exhibit "A" attached hereto, for the purpose of the Meadowbrook Creek Local Flood Protection Project; authorizing and directing the City Manager to attempt to acquire said property by purchase and settlement of damages; and authorizing the City Attorney to acquire the property by condemnation proceedings if it cannot be purchased.

6.    Consider approving the purchase of the properties located at 1125 NW 50th Street, Lawton, Oklahoma, and 1104 NW 51st Street, Lawton, Oklahoma, and authorize the Mayor and City Clerk to execute the Contracts for Sale of Real Property. Exhibits: None. Recommendation:  Purchase  1125 SW 50th for $110,000 from James Edward and Nancy L. Moses;  purchase 104 NW 51st for $114,900 from Wayne and Helen M. Pierce.

Vincent said Moeller has a conflict on this item and requested separate consideration to allow for her to abstain from voting.

MOVED by Baxter, SECOND by Haywood, to approve Item 6 as recommended. AYE: Ewing-Holmstrom, Shanklin, Haywood, Baxter, Bass, Hanna, Devine. NAY: None. ABSTAIN: Moeller. MOTION CARRIED.

7.    Ratify the action of the Lawton Water Authority approving rate modification P00039 to the Water Service Contract with Fort Sill. Exhibits: None. Action: Approval.

8.    Consider ratifying the action of the Lawton Water Authority approving Amendment No. 10 to the Raw Water Purchase Agreement with Ramon John, and authorize the Mayor and City Clerk to execute the amendment. Exhibits: None. Action: Approval.

9.    Consider a resolution establishing a Large Water Meter Purchase Fund to deposit payments from utility customers for the purchase of meters three inches or larger. Exhibits: Res. No. 02-71.

(Title)        Resolution No. 02-71

A resolution establishing that Large Water Meter Purchase Fund to deposit payments from customers for the purchase of water meters three inches and larger and for the purchase of meters three inches and larger.

10.    Consider awarding a contract to Oklahoma Abstract to perform closings for the Meadowbrook Creek Local Flood Protection Project and authorize the Mayor and City Clerk to execute the agreement. Exhibits: None. Action: Approval.

11.    Consider approving a resolution authorizing the installation of a "Stop" sign on NW 75th at Hunter. Exhibits: Traffic Commission Minutes; Resolution No. 02-72.

(Title)        Resolution No. 02-72

A resolution authorizing the installation and/or removal of a traffic control device at a certain designated location within the City of Lawton, Oklahoma.

12.    Consider denying requests for traffic control devices at NW 14th and Taylor, NW 23rd and Cheyenne, NW 28th and Williams, and NW 76th and Willow Creek. Exhibits: Traffic Commission Minutes. Action: Denial of requests.

13.    Consider submitting a grant application to the Corporation for National Service (CNS) for the Retired and Senior Volunteer Program (RSVP) for Fiscal Year 2002-2003 funding and authorize the Mayor to accept the grant when approved. Exhibits: None. Action: Approval.

14.    Consider approving contract with Frontier Music for sound equipment for the 2002 Teen REC 'N ROLL Family Fun Day, June 8, 2002, and authorize the Mayor and City Clerk to execute the contract. Exhibits: None. Action: Approval.

15.    Consider approving contract with Jan McCaffrey of McCaffrey Management of behalf of Katrina Elam for the 2002 Teen REC 'N ROLL Family Fun Day on June 8th, and authorize the Mayor and City Clerk to execute the contract. Exhibits: None. Action: Approval.

16.    Consider waiving adoption fees for cat adoptions from the City's Animal Welfare Division on June 12 and 13, 2002, in conjunction with the National Adopt-A-Cat Month sponsored by the American Humane Society. Exhibits: Resolution No. 02-73.

(Title)        Resolution No. 02-73

A resolution waiving the adoption fee for cat adoptions from the City of Lawton Animal Welfare Division on June 12 and 13, 2002, in conjunction with the National Adopt-A-Cat Month sponsored by the American Humane Society.

17.    Consider approving plans and specifications for the McMahon Auditorium Painting Project #2002-1 and authorizing staff to advertise for bids. Exhibits: None. Action: Approval.

18.    Consider rejecting bid proposals for the Skyline East Park Project #2001-21 and authorize staff to readvertise.  Exhibits: None.

Shanklin asked if this was the ball park.  Jerry Ihler, Public Works Director, said no, it is a smaller park with a pond and the walking bridge will go over the stream; the project also consisted of a parking lot and sidewalk.  Ihler noted the bids for the bridge and sidewalk exceeded the estimate significantly and recommended the project be re-bid without the sidewalk.

MOVED by Shanklin, SECOND by Hanna, to reject bids and readvertise as recommended.  AYE: Shanklin, Moeller, Haywood, Baxter, Bass, Hanna, Devine, Ewing-Holmstrom. NAY: None. MOTION CARRIED.

19.    Consider accepting the Owens Multi-Purpose Center Re-roofing Project #2001-25 as constructed by Brox Industries, Inc. and placing the maintenance bond into effect. Exhibits: None. Action: Approval.

20.    Consider accepting Ranch Oak Park Improvement Project #2000-14 as constructed by Kent Waller Construction Co. and placing the maintenance bond into effect. Exhibits: None. Action: Approval.

21.    Consider approving the plans and specifications for the construction of a sanitary sewer line on NW 53rd Street to serve Scott's House of Flowers and Circle K. Exhibits: Map.

Moeller said the funding source is shown as the Mayor's professional and technical services account and asked the purpose of the fund and if there were others like it.  Baker said funds were included in this account during the last budget for economic development and Council approved this as the funding source when they approved the project. Moeller asked if it was CIP funding and Mayor Powell said no.

MOVED by Moeller, SECOND by Baxter, to approve the item as recommended. AYE: Moeller, Haywood, Baxter, Bass, Hanna, Devine, Ewing-Holmstrom, Shanklin. NAY: None. MOTION CARRIED.

22.    Consider approving the construction plans and specifications for a sanitary sewer line located at 218 SE Larrance. Exhibits: Map. Action: Approval.

23.    Consider approval of a State-Local Disaster Assistance Agreement with the Oklahoma Department of Civil Emergency Management for a $50,000 grant for the installation of ten rainfall and stream gauges within the urban area and authorize the Mayor to execute the agreement. Exhibits: Letter and Agreement.

Shanklin asked if this would provide statistics so we would know when we have had a ten year or 100 year flood. Ihler said it would provide data about a certain year storm, and one will be located at Gore under Wolf Creek south of the confluence. Shanklin asked if we had ever been able to do this before. Ihler said there are not enough gauges in the city at this time to give enough data, and the determination of a certain year storm is based on the amount of rainfall received over a period of time and we have charts and if you get three inches of rain in 15 minutes, that is a 100 year storm or something of that nature. Ihler said he could provide the copies of the charts showing the storm categories.

MOVED by Shanklin, SECOND by Baxter, to approve the item.

Bass asked why each gauge is expected to cost $5,000.  Ihler said they are rain and stream gauges that will be tied by computer to the SCADA system at the water plant.

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

24.    Consider directing staff to prepare and submit a Hazard Mitigation Grant Program (HMGP) Application to the Oklahoma Department of Civil Emergency Management to establish a rebate program for the purchase of NOAA weather radios and authorize Mayor and City Clerk to execute said application. Exhibits: Letter.

Moeller said the item shows no city funding will be involved but the grant requires a 25% match. Baker said the person purchasing the radio would pay that, and it will only involve administration by staff.

MOVED by Moeller, SECOND by Baxter, to approve the item. AYE: Baxter, Bass, Hanna, Devine, Ewing-Holmstrom, Shanklin, Moeller, Haywood. NAY: None. MOTION CARRIED.

25.    Consider approving the Memorandum of Understanding between the City of Lawton and the Lawton Metropolitan Area Planning Commission (LMAPC) for transportation planning during Fiscal year 2002-2003 and authorize the Mayor to execute. Exhibits: Memorandum of Understanding. Action: Approval.

26.    Consider approving the Memorandum of Understanding between the City of Lawton and the Lawton Metropolitan Area Planning Commission (LMAPC) for Congestion Mitigation Air Quality Campaign for Fiscal Year 2002-2003 and authorize the Mayor to execute the document. Exhibits: Memorandum of Understanding. Action: Approval.

27.    Consider endorsing the Fiscal Year (FY) 2002-2003 Unified Planning Work Program (UPWP) for the Lawton Metropolitan Transportation Planning Process. Exhibits: FY 2002-2003 UPWP (On file in City Clerk's Office). Action: Approval.

28.    Consider endorsing the Federal Fiscal Year 2003-2005 Transportation Improvement Program (TIP) for the Lawton Metropolitan Area. Exhibits: FFY 2003-2005 TIP. (On file in City Clerk's Office) Action: Approval.

29.    Consider acknowledging receipt of a permit for the construction of a sewer line and appurtenances from the Oklahoma State Department of Environmental Quality for the SE Larrance Street Sewer Line Project, City of Lawton, Comanche County, Oklahoma. Exhibits: None. Action: Approval. (420 lf of 8" PVC gravity sewer line and appurtenances)

30.    Consider acknowledging receipt of a permit from the Oklahoma State Department of Environmental Quality for the construction of waterline with appurtenances to serve RV Connection. Exhibits: None. (410 lf of 8" PVC water line and appurtenances)

Shanklin asked where this is located. Mayor Powell said it is where the highway connects with 11th Street. Shanklin asked if it would be to connect recreational vehicles and response was no, that is the name of the business it will serve.

MOVED by Shanklin, SECOND by Baxter, to approve the item as recommended. AYE: Shanklin, Moeller, Haywood, Baxter, Bass, Hanna, Devine, Ewing-Holmstrom. NAY: None. MOTION CARRIED.

31.    Consider acknowledging receipt of a permit from the Oklahoma State Department of Environmental Quality for the construction of sewerline with appurtenances to serve Scott's House of Flowers. Exhibits: None. Action: Approval. (320 lf of 8" PVC sewer line with appurtenances)

32.    Consider acknowledging receipt of a permit from the Oklahoma State Department of Environmental Quality for the construction of sanitary sewer and water lines with appurtenances to serve Wyatt Acres Addition, Part 13.  Exhibits: None. (545 lf of 8" PVC sewer line and appurtenances and 600 lf of 6" water line and appurtenances)

Bass asked if this was for two or three 6" water lines. Bob Bigham, City Planner, said this is the DEQ permit for both the water and sewer for this addition, and it will be one 8" sewer line and one 6" water line.

MOVED by Bass, SECOND by Baxter, to approve the item as recommended. AYE: Moeller, Haywood, Baxter, Bass, Hanna, Devine, Ewing-Holmstrom, Shanklin. NAY: None. MOTION CARRIED.

33.    Consider approving the following contract extensions: A) Manhole Lining Materials with Quadex, Inc. Exhibits: None. Action: Approval.

34.    Consider awarding contract for Laboratory Services of Toxic Pollutants. Exhibits: Recommendation; Abstract. Action: Award to Accurate Labs, Inc.

35.    Consider awarding contract for Rental of Motor Grader. Exhibits: Recommendation; Abstract. Recommendation: Award item one to Hertz Equipment Rental; award item two to Kirby/Smith

Shanklin asked why this equipment would not be purchased instead of rented.  Ihler said it will be rented only if the equipment from the Street Division and the equipment from the Landfill is not available, and it should not be needed enough to warrant purchase. Shanklin asked if it has to be rented for a month at a time. Ihler said they have weekly and monthly rates. Devine asked if they considered lease-purchase and Ihler said no. Devine said they would spend $103,000 to rent it for a year and Ihler said they should not have to rent it for that long.

MOVED by Shanklin, SECOND by Baxter, to award the contracts as recommended. AYE: Haywood, Baxter, Bass, Hanna, Devine, Ewing-Holmstrom, Shanklin, Moeller. NAY: None. MOTION CARRIED.

36.    Consider approving contract change order of Custodial Maintenance Service with Service One Janitorial to add Public Works Sewer Rehab Building to group III. Exhibits: Contract Change Order. Action: Approval.

37.    Consider approval of appointments to boards, commissions and trusts. Exhibits: Memo.

Mayor's Commission on Status of Women: Debbie Ferguson, Ward 4 representative, 5/14/02 - 5/14/04

38.    Consider approval of Minutes of Lawton City Council meetings of April 23, April 30 and May 6, 2002.    

39.    Consider approval of payroll for the period of April 29 through May 12, 2002 . Exhibits: None.

UNFINISHED BUSINESS:

40.    Consider directing staff to prepare a contract with Learnovations, Inc. for a tourism marketing plan. Exhibits: March 26, 2002 Council Minutes Excerpt.

Moeller said she brought this back because we do not need to table this into "la la" land and leave it there, we should either vote it up or down.  She said she had numerous conversations and meetings with Mike Austin, Chamber President, who had a family emergency and is unable to attend tonight. She said the whole idea behind this is to look at our tourism assets, what can we do with them and how do we get where we need to go, and using tourism as an industry to generate revenue for the city, which is the whole key, it is badly needed and we have a gold mine in tourism potential.  Moeller said sometimes it is helpful to have a critical analysis done by an outside party and someone would still be needed to implement the plan, and that would not necessarily be the City of Lawton. She said there is a need to generate revenue and have a way to measure what efforts result in what receipts of revenues.  Moeller said she knows Mr. Austin's feelings of those of his board and they have representatives present tonight to speak

Shanklin said this was tabled until the Chamber reported as to their likes and dislikes or desire to go further, and they have not done so to his knowledge.  Moeller said the two gentlemen here on the back row are here to stand in for Mr. Austin and provide the input. Shanklin said if the Chamber wants to agenda an item, he was all for it, but it is dead until they report. Moeller said they are here to report. Shanklin asked if that could be done. Vincent said Moeller can bring the item back, it is up to Council whether to consider it based on the motion previously approved.  Mayor Powell said the Chamber did not report back.  Vincent said Moeller can agenda a tabled item and it is up to Council whether to consider it.

MOVED by Shanklin, SECOND by Baxter, that until the Chamber of Commerce comes forward and wants to talk to the Council about spending the funds, we continue to table.

Baxter withdrew his second to allow for discussion.  Devine said General Baxter and another gentleman are present from the Chamber and asked if they were interested in this at all. General Baxter said they could respond if Council so desired. Devine said he would like to hear the response.

Lee Baxter, 3005 NE Muse Circle, said the Chamber of Commerce would not favor the staff preparing a contract with Learnovations for a tourism marketing plan; that is not to say they oppose a tourism marketing plan but there are a number of factors that might weigh into the Council's decision on going forward with this. He said the first factor would be that the tourism business is traditionally handled by the Chamber of Commerce, and they have acted capably in that regard over a period of time to his knowledge. Baxter said this would indicate a substantial shift from that previous policy, in other words, it would be the Council contracting with someone other than the Chamber to conduct a plan that would normally be within the Chamber's purview.  The third thing he would personally object to is the sole source nature of this particular action, and with due respect to Learnovations, there are probably other agencies equally capable of performing this type of work and they should be considered if that is the wish of the Council. Baxter said if Council desires that a marketing plan be conducted, he would ask that Council consider that the Chamber may be capable of doing that if that is how the Council wishes to spend this amount of money.

MOVED by Moeller, SECOND by Baxter, that we do not contract with Learnovation and drop the item from the agenda. AYE: Baxter, Bass, Hanna, Devine, Ewing-Holmstrom, Shanklin, Moeller, Haywood. NAY: None. MOTION CARRIED.

BUSINESS ITEMS:

41.    Hold public hearings and adopt resolutions declaring the structures at: 732 Ranch Oak Boulevard, 313 NW Bell Avenue, 804 W Gore Boulevard, 708-1/2 SW B Avenue, 704 SW G Avenue, 425 S Sheridan Road, 1511 SW Jefferson Avenue, and 6914 SW Forest Avenue, 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: Eight resolutions.

732 SW Ranch Oak Boulevard:  Title Holders: Bobby Joe & Patricia Ann Lee; Mortgage Holders: Mortgage Clearing Corporation; Friad Bank.

Angie Alltizer, Neighborhood Services, presented video of the property stating it has been vacant for the last five years and the City has mowed it since 1997, secured it twice and a murder victim was found inside. There has been no contact by the owner or mortgage holder.

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

MOVED by Haywood, SECOND by Baxter, to adopt Resolution No. 02-74. AYE: Bass, Devine, Ewing-Holmstrom, Shanklin, Moeller, Haywood, Baxter. NAY: None. OUT: Hanna. MOTION CARRIED.

(Title)        Resolution No. 02-74

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.

313 NW Bell Avenue:  Title Holders: Doris Wagnon; Mortgage Holders: None.

Alltizer presented video of the property, noting it was difficult to see the house from the street side due to vegetation. She said the view from the alley shows the fence in severely dilapidated condition, the utility room separating from the house itself, and the structure is dilapidated.

PUBLIC HEARING OPENED.

Doris Wagnon, owner, said the back is just one room, she plans to move but wants to keep the property and needs time to dispose of her belongings in the house because she was moving to a smaller home. She asked that she be given until mid-July to dispose of the things she cannot take.

Devine asked if Wagnon lives in this house at 313 NW Bell Avenue. Wagnon said she is there at the current time, and the video shows just the one room but the house does not leak but that one part has a flat roof that disintegrated.  Devine said this was the first time he remembered considering a house that was being lived in and it would be difficult for him to decide to tear someone's house down around their head. He said there is assistance to help people in this regard and he asked if she had been contacted with regard to that assistance. Wagnon said no, the fact that she has another piece of property, she does not ask for assistance.  Devine asked if she may not be eligible to receive assistance because she owns other property and Wagnon said yes.  Devine asked if the other property is in better shape than this and Wagnon said yes. Devine asked if she had a problem moving and Wagnon said no, she had planned to move.

Shanklin said he had visited with Ms. Wagnon and she understands; we pass the resolution and Wagnon can remodel or it demolish it or take it to the Court House and get an injunction against our actions and he wanted to give her until July 15 and that she agreed to that.  Shanklin said there is more dilapidation than just the one room. Wagnon agreed and said she did not realize it was in such shape.

Vincent suggested the motion include a provision to amend Section 2 of the proposed resolution changing it from 15 day to July 15.

Ewing-Holmstrom asked how long Ms. Wagnon has lived here and her response was 37 years.

PUBLIC HEARING CLOSED.

MOVED by Shanklin, SECOND by Devine, to adopt Resolution No. 02-75, amending the appropriate section for it to be enforced effective July 15, 2002.  AYE: Hanna, Devine, Ewing-Holmstrom, Shanklin, Moeller, Haywood, Bass. NAY: None. OUT: Baxter. MOTION CARRIED.

(Title)        Resolution No. 02-75

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.

Alltizer said she always attempts to locate the property owners involved and will assist them in filing for assistance from CDBG if they qualify.

804 W Gore Boulevard:  Title Holders: H. Ray Anderson, Jr.; Mortgage Holders: Creative Finance, Inc., Matrix Finance Service Corp.

Alltizer presented a video of this two-story structure located on the alley; the property is decayed and dilapidated with an unsafe, rotted stairway and an open sewer in front of the stairway. Several windows are broken out, foundation is rotting, structure has not been occupied for several years.

PUBLIC HEARING OPENED.

H. Ray Anderson, 804 Gore, front house, said he wanted to get a permit to remodel the structure and it is sound, although the roof needs work. He said all of the downstairs windows are covered and he needs the building for storage.

PUBLIC HEARING CLOSED.

Shanklin said he had talked with Mr. Anderson, he wants to get a remodeling permit and understands he will have to bring it to code.

MOVED by Shanklin, SECOND by Haywood, to pass the resolution placing 804 Gore on demolition.

Moeller asked if he gets his remodeling permit, does it automatically take it off of the demolition. Shanklin said yes, he has three options.

VOTE ON MOTION:  AYE: Bass, Hanna, Devine, Ewing-Holmstrom, Shanklin, Moeller, Haywood. NAY: None. ABSTAIN: Baxter. MOTION CARRIED.

(Title)        Resolution No. 02-76

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.

708-1/2 SW B Avenue:  Title Holders: Earnest E. Love; Mortgage Holders: Cache Road National Bank, Security Bank & Trust, Banc First.

Alltizer presented video of this small, two-story structure that is located on the alley. It is currently secured on the bottom story, but there is an accessory structure attached to the two-story structure that is in a dilapidated state and the roof is caved in, there is junk and debris in the small garage area. She said the owner contacted her yesterday and he intends to remodel it or tear it down.

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

MOVED by Shanklin, SECOND by Baxter, to place 708-1/2 B on demolition and adopt the resolution.

Shanklin said they have three or four options, they can get a remodeling permit, get a demolition permit, take it to District Court or chose to do nothing, in which case the City will take it to District Court and they will answer to the judge as to whether they will abate the problems and the time frame the judge will allow them to do it in.

Bass said Moeller's question was if the person gets a remodeling permit, will it be taken off the demolition. Shanklin said it does not take it off. Bass asked when it comes off. Shanklin said they have to go to work, if they do not do anything in 30 days, it is over with and we take them to District Court. Shanklin said we do not want to tear anyone's property down, we only want to get the blight out of the neighborhoods.

Alltizer said Council has passed resolutions of condemnation on several properties where the owners have obtained remodeling permits within the 15 days, however, they have failed to start work within the first 30 days, so she turns the property over to the City Attorney's office to pursue in District Court. She said all of them are monitored for the time frames. Smith said liens will be placed on each property whether work is started or whatever happens afterward.  Baker asked how long they have to complete the work and Alltizer said it is 90 days under the modified reconstruction permit. Shanklin said they have to show progress within 30 days. Bass asked if they can get an extension after 90 days and Alltizer said it would be up to Council.

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

(Title)        Resolution No. 02-77

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.

704 SW G Avenue:  Title Holders: Charles Anderson & Devora Littles; Mortgage Holders: None.

Alltizer presented a video of the property stating it had suffered a fire approximately two years ago in August; it has been fairly well secured but today it was found that the door on the east side was kicked in and open. She said the owners have obtained a demolition permit and this action will allow for reduced landfill fees.

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

MOVED by Shanklin, SECOND by Haywood, to adopt Resolution No. 02-78. AYE: Devine, Ewing-Holmstrom, Shanklin, Moeller, Haywood, Baxter, Bass, Hanna. NAY: None. MOTION CARRIED.

(Title)        Resolution No. 02-78

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.

425 Sheridan Road: Title Holders: Bob L. Mansell; Mortgage Holders: None.

Alltizer presented video stating the structure had a fire a couple of years ago at least, and it was mainly in the club part of the facility. She said the structure is steel and concrete and it is brought forward due to the numerous complaints received as to it being a blight on the neighborhood.

PUBLIC HEARING OPENED.

Dennis Butler, attorney for Bob Mansell, said Mr. Mansell is aware he needs to do some work on the building and is willing to do that, and he has had conversation with some of the members in the past as to what needs to be done. He said Mansell had never received a definitive statement from the City about what they would like for him to do; if Ms. Alltizer or whoever is in charge of that would send him a list of what needs to be done, he would do it. Butler said unlike the other structures shown tonight, this structure is secured, the taxes are paid, he is mowing the property, most of the building is structurally sound other than the roof and it seems drastic to be placed on the agenda to be demolished without any notice to him or any request to him of what needs to be done.  He requested a motion to table this action until Mansell is provided a list of what needs to be done and to give him an opportunity to do it.

Baxter asked if Mansell had been provided a list such as that. Alltizer said yes, this structure was on the agenda a year ago and it was struck at that time; prior to it being on the agenda, Manny Cruz and Jimmy Crow inspected the building, with Mr. Mansell's permission, and he was provided a letter as to the items that need to be addressed.

Ewing-Holmstrom asked how long the building had been in this condition, and how long Mansell has owned it. Alltizer said it has been in this condition for at least three years, maybe a little longer, and that she did not know how long Mansell had owned it.

Butler said if they could be given a list of what should be done, they would try to comply with it, but to say just out of the clear blue that you want to demolish it for a man who owns property all over town and pays taxes and fees and tries to get along with the City seems a little drastic.

Ewing-Holmstrom asked what the plans were for the building. Butler said they would like to rent it but the economy is not real good, and it was rented as recently as two years ago, the building is designed for a night club and that is probably the best use for it but he has had prospective tenants look at it and then come to the City and talk about getting a permit and everybody from the City tell them how they do not want to rent it so he has problems renting it. Ewing-Holmstrom asked how long it has been vacant and Butler said two years. Ewing-Holmstrom asked how long Mansell had owned the property. Mansell said he had owned it since 1966. Ewing-Holmstrom asked if this was the longest it had ever been vacant. Mansell said he was not sure but there had been various tenants in the building.

Alltizer said there is a letter in the file dated March 7, 2001, from Jimmy Crow, Plans Examiner from Building Development, with a specific list addressing items on the first floor and second floor, some of the ones that jump out at us are to repair the roof, repair the fire damaged partitions that were in the night club area and upstairs, the electrical, doors and windows, and the video shows there are still windows that are unsecured, most of them are on the second floor, making it more of a harborage for pigeons and things of that nature, but this is not out of the clear blue, we sent a letter, itemized a list of things that needed to be addressed and she would be happy to show Council the letter.

Mayor Powell said Butler said he would like for the City to prepare him a list of what is expected to be done and let Mansell respond from that list.

MOVED by Devine to table this until the next Council meeting.

Devine said between now and then staff can give Mansell a list of what needs to be done. He said it is in his ward and he has talked to Mansell about it, and the hardest thing for someone owning commercial property is they start asking to upgrade everything but that is hard to do when you do not know what you will rent the building for, so if you do electrical work but someone wants to lease it for a specific purpose, the owner would have to redo that work.  Devine said the people would like to see the building secured properly and maybe cosmetically paint it and fix it up and make it look more presentable on the outside and definitely secure it.

SECOND by Haywood.  AYE: Ewing-Holmstrom, Shanklin, Moeller, Haywood, Baxter, Bass, Hanna, Devine. NAY: None. MOTION CARRIED.

1511 SW Jefferson Avenue: Title Holders: S. T. Jr. & Geeva Green; Mortgage Holders: None.

Alltizer presented video of the property stating this involves several structures, two are somewhat main structures and a couple of accessory sheds; the main structure suffered a fire approximately two months ago which gutted it.  She said there were questions as to whether the property had water service before the fire; it is in a dilapidated condition and is certainly a blight on the neighborhood. Alltizer encouraged Council to not provide the option of remodeling because it appears to be beyond repair but it should be left to the Building Development inspectors if they are actually allowed to go on the property.

Ewing-Holmstrom said she drove by and could not determine exactly what was being targeted. Alltizer said it is the one on the southwest corner of the lot.  Ewing-Holmstrom asked if it was closer to the car with the tarp on it and Alltizer said yes.

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

MOVED by Haywood, SECOND by Baxter, to adopt the resolution for condemnation of 1511 SW Jefferson Avenue. AYE: Shanklin, Moeller, Haywood, Baxter, Bass, Hanna, Devine, Ewing-Holmstrom. NAY: None. MOTION CARRIED.

(Title)        Resolution No. 02-79

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.

6914 SW Forest Avenue: Title Holders: Secretary of Veterans Affairs; Mortgage Holders: Knutson Mortgage Corporation, Country Wide Home Loans, McGuire Mortgage Company.

Alltizer presented video of the structure, noting a view from the back yard showing the back door has been kicked in; the swimming pool was secured by City staff about two years ago and it is the address where a young boy drowned in the unsecured pool. She said the structure was recently vandalized and video shows light fixtures were torn down, windows are broken, and it will be secured.  Alltizer said the Secretary of Veterans Affairs is the owner and there has been no contact from that organization. She said the City pumped the pool again within the last two weeks and requested direction to allow filling in the pool so they do not have to continue to pump it out; there is a grate across it to prevent entry but they do not want the possibility of allowing someone to be injured.

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

MOVED by Moeller, SECOND by Hanna, to adopt the resolution and allow staff to back fill the pool. AYE: Moeller, Haywood, Baxter, Bass, Hanna, Devine, Ewing-Holmstrom, Shanklin. NAY: None. MOTION CARRIED.

(Title)        Resolution No. 02-80

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.

42.    Consider providing direction to staff regarding the Privatization of the Water and Wastewater Utility Systems at Fort Sill, Oklahoma. Exhibits: Copy of Amendment/Modification No. 5 with a privatization summary as part of the solicitation process from Fort Sill.

Baker said Fort Sill previously asked for proposals on privatization of their water and wastewater systems, meaning you would actually take over ownership of those systems, it is not a contractual thing where you just repair and maintain it, you actually own it.  He said Fort Sill recently advised that the closing date was changed from indefinite to May 30, and it would be almost impossible for the City to make a proposal of this magnitude, as complicated as this particular issue is, by May 30.  Baker requested Council direction, stating staff would prefer to advise Fort Sill that the City is not interested in this proposal; if Council wants staff to pursue it, an extension would need to be requested from Fort Sill.

MOVED by Shanklin, SECOND by Hanna, that we do not submit a proposal.

Baxter said he did not think Fort Sill would have asked us for this if they did not want it so he felt the City should request an extension on the closing date. LTC Puckett said there are provisions for extensions, and the reason the City was approached is there is a bidding process and there is always the nature to go to the City to try to partner in privatization and it is done in all military installations for as many activities as possible to go to the city that is closest to the base to see if there can be some type of partnership and privatization.  He said an extension would have to be requested through the Director of Contracting.

Hanna asked if we know what kind of shape Fort Sill's systems are in. Baker said that is part of the problem, and to even submit a proposal requires a tremendous amount of work in evaluating the system and determining what improvements would have to be made and what state the system is currently in; most organizations before making a proposal would hire a consultant and it would take months, and submission of a proposal like this would usually cost about $150,000 just to make the proposal, so most companies, unless they are very, very serious about taking over the system, will not even bother to make a proposal. Baker said another factor is we have our hands full with what we have got and he could not imagine us taking on another system at this point; we would like to be good neighbors and submit a proposal, it could not be done in less than three to six months.

Shanklin said there are usually about six booths at the National League of Cities conferences by companies that do this work, and they are very large companies that will jump on this and Lawton could not compete with them.

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

43.    Consider ordinance amending Sections 20-206 and 20-207 and Figure 1, Chapter 20, Lawton City Code, modifying the standards for street cuts and repairs. Exhibits: Ord. No. 02-      .

Mayor Powell asked that this item be stricken from the agenda and not be considered.

44.    Discuss a request from El Pache Energy, Inc., to reduce the amount of liability insurance it will be required to obtain when their current lease expires and provide direction to staff. Exhibits: El Pache Energy, Inc. letter dated April 18, 2002.

Vincent said staff sent a letter to El Pache notifying them their lease would have to be renewed in November and that their lease liability insurance would be increased from $1 million to $5 million based on City Code provisions; they requested a reduction in that requirement, which would take a code amendment. He said an extensive study was done on the drilling and producing wells around the two fresh water lakes when we first entered into the Marathon leases in 1994 and at that time, the Council raised the liability policy to $5 million and all other companies have met those requirements. Vincent said this is the only producing well in the area at this time. Shanklin asked why it is $1 million now. Vincent said the old lease did not expire until now so they did not fall within the new code provision until this time. Shanklin asked if it is by state law or just by staff and Council. Vincent said it is staff recommendation. Shanklin asked how much revenue this lease generates and Vincent said $300 per year, and there are no royalties because it is a straight land use lease and we do not own the minerals on this particular tract.

James Bennett, 806 Cherry, Duncan, OK, said they bought this property from Texas promoters back in November and probably the reason they sold it was this $5 million bond. He said it is hard to operate property in this state when you require this much of a bond, someone drilling a well that could have pressures and blow outs and all kinds of problems compared to the well they currently operate which has a shut in pressure of 90 pounds; initially this well under a $1 million bond had 2,500 pounds of pressure; today it's shut in pressure they hope is 90 pounds; it does not produce any oil currently or salt water so the only damage could be if they had an emergency leak would be the gas goes off in the air and that's it. Bennett said the damage to the lake from this operation is non-existent; as to the royalty on it, those are the people whose lands you condemned and put into city property and it is mainly the Comanche Indians who said they did not want to talk to Lawton because they said you all hate them. Mayor Powell said we have worked extremely well with the Comanche Nation, and the evidence is on the interstate. Bennett said the mineral division was not of that opinion. Mayor Powell said that may be but do not say we do not work well with the Comanche Indians because we do. Shanklin said we haven't in the past and Mayor Powell said we have recently.

Bennett said this is a stripper well, like 95% of the wells in the state, and it produces less than 50,000 feet a day.  Mayor Powell asked if they had the ability to entertain less than this. Vincent said the code can be amended at a future meeting if Council desires to go back to $1 million in liability pollution insurance for certain levels of wells, but right now it is just a blanket requirement.

Baxter asked if they were still drilling and Bennett said no. Vincent asked if they have to re-work the well every now and then and Bennett said yes. Vincent asked if there was a possibility of problems during that and Bennett said yes. Mayor Powell asked if the well had produced oil at one time and Bennett said yes. Mayor Powell asked if it had produced salt water at one time and Bennett said yes. Mayor Powell said if it had done that in the past, it could do it in the future and if there were no possibilities in that regard they may not have wanted to have anything to do with it. Bennett said it is producing gas today but had not produced any oil or salt water in over three years.

Bennett said they have had trouble securing the $5 million bond, and Enron, which collapsed, was a major bond underwriter, as well as the 9/11 disaster, so insurance companies are not eager to write policies of this size, but he was not saying they would not be able to get one.

Moeller asked how long the leases are good for. Vincent said the last one was ten years and the recommendation now is for five year leases. Shanklin said their insurance is around $1,800 for $1 million coverage, and it would be around $8,000 for $5 million. Hanna asked how close this is to the lake. Vincent said it sticks out on a neck into the lake, it is surrounded on three sides. Hanna said if there was a problem, it could contaminate the lake.

MOVED by Devine, SECOND by Baxter, to take the staff's recommendation and not reduce the insurance requirements. AYE: Baxter, Bass, Hanna, Devine, Ewing-Holmstrom, Shanklin, Moeller, Haywood. NAY: None. MOTION CARRIED.

45.    Discuss status of the MedTrans Project and provide guidance to staff. Exhibits: Letter.

Haywood asked to be excused from this portion of the meeting and left the room at this time.

Baker said when Council finalized the Consolidated Plan, $25,000 was authorized for Meet the Needs to operate the MedTrans Program; a letter was subsequently received from Meet the Needs saying they will not be doing that program as of June 28, 2002. He said if we do nothing, the MedTrans program will not be available to those who may need it. Baker said HUD has advised that another public hearing would not be needed, if we have another contractor, we would send them a letter amending the plan if it is the same amount of money for the same amount of service. He said if Council wants to continue providing the MedTrans service, it would be appropriate to direct staff to request proposals and hopefully have a provider by July 1; if nothing is done tonight, it is doubtful we would be able to provide that service as of July 1.

Devine asked if they would go out for bids. Baker said yes, we would request proposals, and hopefully that could be done and have an item returned to Council to be able to have a contract by July 1. Mayor Powell asked if it would be for the same services provided previously and Baker said yes.

Bass asked if they would have more than $25,000 to offer when they go out for proposals. Baker said Council previously stipulated there would be $25,000 available for that program, so they would have that as a consideration.

MOVED by Devine, SECOND by Moeller, to go out for proposals on this.

Shanklin said he thought we should wait about 90 days and see where the program goes; there are four or five agencies supposedly doing this. He offered a substitute motion to wait 90 days to see if we get any calls as to why we have not done it. Shanklin said he put $50,000 into the CDBG program in 1990 for MedTrans, which is how long it has been operating. Devine said if we wait 90 days, the program would lapse and it could cause a hardship on those who may need the service. Shanklin said he would withdraw his substitute motion.  Bass said if you take RFP's, you do not have to award the contract if there are problems. Ewing-Holmstrom asked if Meet the Needs could change their minds and the Mayor said no. Devine said he had tried to talk to them and they could have done that before tonight.

VOTE ON MOTION: AYE: Bass, Hanna, Devine, Ewing-Holmstrom, Shanklin, Moeller, Baxter. NAY: None. OUT: Haywood. MOTION CARRIED.

46.    Consider authorizing preparation of final plans for the Fire Station #5 Relocation Project #2000-17. Exhibits: Memo from Fire Chief.

Jerry Ihler, Public Works Director, said the architect has been working on the preliminary design for Fire Station #5, which is a two-story, four-bay drive-thru structure with a basement. He said the architect met with the Fire Department and tried to incorporate as much as possible into the fire station, to include an emergency EOC location in the basement and some other things, but as we began discussing further details of the cost, it became apparent that we could not incorporate everything in order to stay within the budget of $1.3 million for the entire project.  Ihler said they met with the City Manager and went over those items and it was determined that by eliminating the basement and consolidating some of the other areas, we could produce the necessary cost savings to do what was necessary and still have a four-bay station and a fully viable, operational fire station.

Ihler said when we had the 13,200 square foot fire station that we were originally looking at including all of these items, we could not construct a one-story facility on the site we had, and as we reduced the size of the facility, it is now about 10,000 square feet, and the discussion was we might be able to put it on this size in a one-story configuration, so the Fire Chief discussed with his employees whether they would prefer a two-story or one-story facility. The Fire Chief met with his employees and is recommending staying with the two-story facility. Ihler said the architect, Jim Atkinson, is here tonight to discuss in detail what consolidations were made as well as eliminating the basement to bring it within cost.

Devine asked if the cost on the two-story was $1.3 million. Ihler said the architect used a square footage cost so the one-story and two-story would be similar costs; what reduced the cost was going from 13,000 square feet to 10,000 square feet.  Devine asked the cost difference between those. Ihler said they used about $70 per square foot, so it would be $3,000 times $70. Baxter said it would be about what it cost to buy those four houses. Shanklin asked what that meant. Baxter said that means we should have never built it where we are building it at, that is why we are over budget, we bought four houses to build it when we should have built it to the south and paid $75,000 for a flat lot, got a 13,000 square foot building with an EOC Center in it, and you guys made a bad decision. Devine said he could slam Baxter too and that was aimed at him and the only reason he did that was because he wanted it to the south and nobody factored in the cost of having to put in additional streets, so Council voted on it and this is where we are at, and it is time to get the numbers together. Baxter said he wanted to tell the taxpayers they wasted a quarter of a million dollars.

Ewing-Holmstrom asked why we are at this position now as far as the budget as what happened. Ihler said if we design and bid for a 13,000 square foot, incorporating the EOC Center and all the items that were discussed with those who would occupy the building, if you built the 13,000 square foot, it would cost approximately $200,000 more. Ihler said we have not built anything or completed the design, and we are saying we have a $1.3 million budget and to stay within that amount, to include the land purchase and design and utility relocation, we need to down size the building and still have a viable fire station with the necessary items.  Ewing-Holmstrom asked if that was taken into consideration prior to this; when the plans were put together, did no one consider the cost of the houses and there were no final plans for the building. Ihler said we do not have final plans at this point, we are in the preliminary design stage, and we do not want to prepare final plans and pay for that design and bid it and then have to reject the bids. Ihler said the real question tonight, and there was discussion previously, is do you want to go with a one-story or a two-story facility, and the Fire Department recommended the two-story.

MOVED by Shanklin, SECOND by Baxter, to go with the two-story and prepare the plans.

Bass asked if the fire station would be used as a safe haven for people during tornadoes. Ihler said no, it was not designed for that. Mayor Powell said there was an EOC Center for emergency situations. Bass asked if that was for the public and Ihler said no. Shanklin said they could put an EOC in one of two water towers any time they wanted to.

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

47.    Consider authorizing staff to prepare plans and specifications for the Wolf Creek Bridge Painting/Repair Project #2002-15 and identify a funding source. Exhibits: Letter from Leonard & Goucher Engineers, Inc.

Ihler said we participate in the bridge inspection program with the Oklahoma Department of Transportation and have a consultant who inspects all of the bridges in the community every three years; two of the bridges located on 11th Street between the landfill and I-44, during the last inspection, indicate some work is needed on those bridges. He said one bridge is a sque bridge and we do not know if it is a result of earth pressure as a result of flooding or water passing through, but the bridge has turned slightly such that it has sheered off some of the anchor bolts, and both structures are in need of painting. Ihler said they originally planned to include that in the next year's budget, but it is a tight budget and this is more of a capital improvements type item anyway, so the request is to provide funding to bid this project to paint the bridge and address the sheered bolts and earth pressure problem that caused some damage to the abutment on the existing bridge, and the only available funding source is the unappropriate 1995 CIP, and there is about $78,000 in the remaining balance of that, and the request is to appropriate those funds for this.

Shanklin asked how that bridge becomes the City's responsibility. Ihler said 11th Street to the landfill is in the City limits. Shanklin said it was a state highway when the bridge was built so how do we assume maintenance of it, and is it because we took it into the City limits. Ihler said he believed so. Shanklin asked Vincent if that is how it works. Vincent said if we have annexed 11th Street to the landfill, then yes, we would take over maintenance responsibility once the State gave that up as a state highway, and 11th Street was no longer a state highway to his knowledge. Shanklin said at some point it becomes a state highway, or if it would be county.  Vincent said he was not sure about the annexation and right of way and would have to check that further.

MOVED by Shanklin, to table this until we find out whose bridge it is.  (restated below)

Devine asked if this was the same thing that happened on Highway 7 where we could not do anything to it even though it was in the City limits. Ihler said Highway 7 east of I-44 is within the City limits but it was designated as a state highway so it fell under the purview of the highway department; west of I-44 between 82nd and I-44, the City took over acceptance of maintenance of that street. Devine said it involved curb cuts and Ihler agreed.

MOVED by Shanklin, SECOND by Baxter, to table this until Mr. Vincent determines whether  or whose liability that bridge is. AYE: Devine, Ewing-Holmstrom, Shanklin, Moeller, Haywood, Baxter, Bass, Hanna. NAY: None. MOTION CARRIED.

48.    Consider awarding contract for Rock Hauling. Exhibits: Recommendation; Abstract.

Vincent said staff recommendation is to award the contract to Atlas-Tuck, but Council should be aware that they were the contractor on the 67th Street drainage failure just north of Compass on 67th Street where the retaining wall collapsed into the drainage channel, and we have filed a lawsuit against this firm and others, but Atlas-Tuck is working with us in trying to resolve that issue.  He said the other low bidder we also have problems with and that is Lawton Transit Mix in that they currently have our concrete contract, which is a demand contract and they are not fulfilling the contract under its current terms and there is a possibility of additional legal action on that one, and the other bid is significantly too high. Vincent said because Atlas-Tuck is working with us in trying to resolve 67th Street, staff would recommend approval but wanted Council to be aware of the situation.

Mayor Powell said Vincent had visited with him about this and wanted to share all of the information with Council, so that is just provided for information.

MOVED by Shanklin, SECOND by Devine, to award the contract. AYE: Ewing-Holmstrom, Shanklin, Moeller, Haywood, Baxter, Bass, Hanna, Devine. NAY: None. MOTION CARRIED.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER

LTC Puckett said the Armed Forces Day Parade is Friday and there will be military displays on Saturday. Mayor Powell and LTC Puckett explained Mr. Sakai's speech at the Asian Pacific Islander Heritage event at Fort Sill, noting his heroism and patriotism under the most difficult of circumstances as regards the Japanese-Americans after Pearl Harbor and Mr. Sakai's decorated service to America.

Devine said we need to start working on Bell west of Sheridan Road and Alltizer knew the problem.

Baxter said Arts for All was great and they had good crowds.

Haywood said the Juneteenth Celebration will be held on June 15 in the Patterson Neighborhood area and everyone is invited.

Moeller commended the variety and number of artists involved in Arts for All.

Shanklin agreed the Arts for All had one of the biggest crowds he had seen. He suggested a special meeting be called to address 15 or 20 dilapidated structures to make an impact on the community in terms of removal of hazards and blight.

Hanna said Arts for All was very good last weekend and commended Mr. and Mrs. Neptune, who had also expressed appreciation to Parks & Recreation for their assistance.

Bass welcomed Ewing-Holmstrom to Council and apologized for missing the swearing-in ceremony. He  pointed out the article about Lawton and the Wildlife Refuge in the Southern Living magazine.

Ewing-Holmstrom said she did a ten-hour radio broadcast at Arts for All and everyone enjoyed the event. She encouraged attendance.

Baker said the preliminary budget is finished and will be distributed tomorrow. He said he had completed interviews for both Assistant City Manager and Human Resources Director and a selection would be made very soon.

Smith invited everyone to a farewell reception for Sandy Rench, Deputy City Clerk, who will be leaving the City after 13 years of employment.

Mayor Powell asked that Council convene in special session on Tuesday, May 21 at 5 p.m. to begin budget reviews and this was agreeable.

Mayor Powell said Council should have received today information regarding professional services for cost of participation in privatization of electrical distribution services at Fort Sill. He said about eight weeks ago, Dan Lau, Bob Milner and Gene Love requested a meeting with him and they talked about this, and it is a mandate coming from higher up that this will happen on all military installations, and since we are nearby, they thought we might be interested in it. Mayor Powell said he felt we should have a keen interest in this so he asked that another meeting be held with Baker, Livingston and Vincent in attendance to try to cover all bases, and they were at the next meeting, and then we have traveled down a road to get to where we are at here, and the first thing he asked was whether this was controversial and he did not want to deal with anything that was controversial with Fort Sill, and he was assured it was not.  Mayor Powell said the second statement was that he would not move forward with this until he received blessings from the Commanding General at Fort Sill and he now has given those blessings for this to come forward. He said they had asked that Council get this in their hands at least seven days prior to it being placed on a Council agenda; they got knowledge from General Maples that it was permissible to go forward with it with his blessings, but we did not have the seven days for it to be in Councils' hands for study so he asked that it not be placed on the agenda before that, but now Council has it for review and they can call those involved if they so desire. Mayor Powell said it is something to be very interested in and very excited about.

Mayor Powell thanked the firefighters for their work Saturday evening at a life threatening fire and they did a tremendously good job, so we should express our appreciation to them as well as to the volunteer firefighters who came in to help.  He said the police were very helpful, and Sentinels came in for crowd control and everyone combined did a commendable job.

BUSINESS ITEMS:  

49.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the pending lawsuit of William and Alma Johnson, et al, Case No. CJ-2001-1054, District Court of Comanche County, and if necessary, take appropriate action in open session. Exhibits: None.

50.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the pending tort claim of Christina Avera against the City of Lawton, and if necessary, take appropriate action in open session. Exhibits: None.

51.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss possible litigation involving the collapsed storm drain located in Cheswick Avenue, and, if necessary, take action in open session. Exhibits: None.

52.    Pursuant to Section 307B.2, 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.

53.    Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the evaluation review of Bill Baker as City Manager. Exhibits: None.

MOVED by Shanklin, SECOND by Haywood, to convene in executive session as shown on the agenda and recommended by the legal staff, following a ten minute break.  AYE: Devine, Ewing-Holmstrom, Shanklin, Moeller, Haywood, Baxter, Bass, Hanna. NAY: None. MOTION CARRIED.

The Mayor and Council convened in executive session at approximately 8:40 p.m. and reconvened in regular, open session at approximately 9:45 p.m. with roll call reflecting all members present.

Mayor Powell read the title of Item 49 as shown above, and said he would entertain a motion for a settlement conference.

MOVED by Shanklin, SECOND by Devine, to enter into a settlement conference. AYE: Shanklin, Moeller, Haywood, Baxter, Bass, Hanna, Devine, Ewing-Holmstrom. NAY: None. MOTION CARRIED.

Vincent read the title of Item 50 as shown above, stating the executive session was convened to discuss the Avera claim, and he suggested a motion to deny the claim.

MOVED by Shanklin, SECOND by Bass, to deny the Avera claim. AYE: Moeller, Haywood, Baxter, Bass, Hanna, Devine, Ewing-Holmstrom, Shanklin. NAY: None. MOTION CARRIED.

Vincent read the title of Item 51 as shown above, stating the executive session was convened to discuss the possible litigation involving the collapsed storm drain located on Cheswick Avenue, which is in Wyatt Acres. He recommended continuing negotiations for 30 days and if unsuccessful to bring the item back; no action needed at this time.

Vincent read the title of Item 52 as shown above, stating the executive session was held to discuss pending negotiations for an employment agreement for FY 2002-03 with the IUPA, International Union of Police Associations, Local 24, and no action is required at this time.

Mayor Powell reported on Item 53 regarding Mr. Baker and his employment evaluation, and that no action is necessary.

There being no further business to consider, the meeting adjourned at 9:50 p.m. upon motion, second and roll call vote.