Meeting of 1998-5-26 Regular Meeting

Jimmy Don Ingle, 1219 SW 26th Place, requested assistance with regard to a storm drain on the side of his property causing erosion and problems with a fence and the driveway. Powell said staff would look into the problem and Green noted Ingle had recently inherited the property.

Schumpert asked that Item 31 be pulled from the agenda. Item 31 is the contract with the Health Department and further review is needed in light of departments being requested to review budgets for a possible 4.5% reduction. Mayor Powell stated Item 31 is removed from the agenda and asked that the minutes reflect that removal.

1. Consider the following damage claim recommended for approval and consider passage of the resolution authorizing the City Attorney to file a friendly suit for this claim which is over $400.00: Bobby J. and Patricia A. Wablington. Exhibits: Legal Opinion/Recommendations; Res. 98-81.

A resolution authorizing and directing the City Attorney to assist Bobby J. Wablington and Patricia A. Wablington 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 Eighty-Six and 19/100 Dollars ($1,086.19).

2. Hold a public hearing and consider an ordinance repealing Sections 18-1001 through 18-1032, Article 10, Chapter 18, Lawton City Code, 1995, and enacting a new ordinance relating to floodplain management regulations. Exhibits: Ord. No. 98-18 (final format on file in City Clerk's Office); City Council Agenda Item Commentary of May 5, 1998; City's Regulations which exceed FEMA's Regulations; Council Minutes of May 5, 1998; Current and Proposed Flow Chart of Appeal Process.

Bob Bigham, City Planner, said Council held a special meeting on May 5 regarding this ordinance and instructed that changes be made. Section 19-A233A1 on variances originally provided you could not grant a variance in a special flood plain area, which included the flood fringe. Staff was directed to change that back to the designated regulatory floodway. The second change is a companion item in the variance section. Under Section 19-A234B.2, the applicant had to provide documentation from an engineer that it did not raise the base flood elevation in the flood fringe and floodway; it is now written only that the applicant has to document that it will not increase it in the floodway. Section 19-A-241C dealt with the one acre requirement; this section did exceed the FEMA standards and Council directed staff to leave the ordinance as written. An exhibit shows all items which exceed the FEMA minimum requirements. Purcell asked if changes requested by Council had been made and Bigham said yes.

Bob McCaffree, 719 Heinzwood Circle, said he would like to address only the appeals process. He said much work was done in 1995 by the Council, staff, and various citizen committees on this subject. McCaffree said the appeals process being proposed is a big improvement over the previous provision. He said last August the City Engineer denied a building permit, five days later the appeals board overturned it, and there was no requirement for notification to be given for persons to speak in that regard. McCaffree said the proposed process is that appeals will go to the City Clerk and the City Clerk will send out a notice for people to know what is happening, and he encouraged the passage of the proposed ordinance.

An ordinance relating to planning and zoning, repealing Sections 18-1001 through 18-1032, Article 10, Chapter 18, Lawton City Code, 1995; enacting a new ordinance relating to floodplain management regulations; providing for codification and severability.

Bigham said this is the companion item to the ordinance that was just passed. Since a requirement was added for notification and newspaper ads, the fee for the appeal was increased by $100, which would be the cost of the notices. Notices will be similar to those used for rezoning.

4. Hold a public hearing and adopt resolutions declaring the structures at the locations specified on the attached sheet to be dilapidated and detrimental to the health and safety of the community. Authorize the expenditure of CDBG Funds, if necessary, to demolish the structures. Exhibits: Res. No.'s 98- 83 through 98-91; Reports from Fire Marshal and Code Inspector and Photographs are available in the Code Administration Department.

Dennis Woommavovah, Code Administration Department, presented video of each property and described conditions, notices and reports. He said consideration of 2325 NW Cornell was not necessary as the structure had been demolished. Powell said that property would be stricken from the agenda.

Public Hearing was opened. Joe Warner, 1608 NW 33rd Street, said he made a deal on Friday to purchase the property and planned to renovate it and put it on the market. He said he applied for a building permit this morning. Williams said Warner would have time to obtain a building permit and do the renovation if Council adopts the resolution and Cruz agreed. Warner said he had not yet received the building permit and was advised to appear before Council. Public Hearing was recessed.

A resolution determining a certain structure to be dilapidated and detrimental to the health, benefit, and welfare of the community, and ordering that said structure be brought up to the City’s building codes standard or that said building be demolished and removed. Location: 1606 SW D Avenue, Lloyd Addition, Block 15, Lot 3.

Public Hearing was opened. Richard Thompson said he was representing the Campbell’s, and that Thomas Campbell is deceased and his heir has been placed in a rest home. The heir has his belongings in the structure and does not have sufficient funds to put them into storage and has been unable to sell what is left. The roof is in good condition although the structure is deteriorating. Shanklin asked the age of the person involved and Thompson said in his 60’s.

Purcell asked what Thompson suggested. Thompson said he needed time to sell the belongings or remove them. Purcell asked how long the person had been in the rest home and Thompson said a year and a half. Purcell asked how long it would take to remove the property from the structure. Thompson said he would like to have the property put in his name so he could fix it up but it is going through probate and would cost $900 and he could not afford that. Powell asked if Thompson was acting as a friend. Thompson said he was a relative. Powell asked if Thompson had been appointed by a court to represent the owner. Thompson said the man’s sister was appointed and she passed away last year.

Williams asked if Mr. Campbell actually owns the property. Thompson said it is in his father’s name and there was no will. Williams asked if it could be transferred by quit claim deed which would not be too expensive and Thompson said $900. Green asked if Thompson was requesting additional time and Thompson said he did not know how long it would take. Shanklin pointed out the structure is open and the belongings were inside. Thompson said it is locked.

Purcell asked the requirements of the City to remove the property from the house prior to demolition. Cruz recommended Thompson and his friend remove the items, and would not recommend the City inventory or store the items. Purcell asked what happens since the man said they do not have the money or capability to remove the items. Cruz said the property can be demolished with the items inside because it is a dilapidated building. Powell suggested a reasonable but not extended period of time be granted to allow for removal of property. Shanklin suggested 30 days would be reasonable. Public Hearing was recessed.

MOVED by Green, SECOND by Shanklin, to approve Resolution No. 98-84 with an amendment of 30 days instead of the 15 days to allow for application for a permit. AYE: Purcell, Shanklin, Beller, Green, Warren, Smith, Williams, Sadler. NAY: None. MOTION CARRIED.

2610 SW G Avenue: Woommavovah said property is owned by Bernell and Ramonda Caraway, who were notified in November 1997 that the City would consider this for demolition. Fire and Historical Society have responded. Owners contacted Housing and Community Development for assistance in demolishing the building.

Public Hearing was opened. Bernell and Ramonda Caraway indicated they were owners of the property and they had talked with Ms. Hamilton who had agreed to help them get it torn down. Ramonda Caraway said they were considering getting it fixed and the porch needs a beam to support it, and two people had said they could fix it. Schumpert said Ms. Hamilton is with the Housing and Community Development Department and they are speaking of using CDBG funds to assist with demolition, but Ms. Caraway now indicated a desire to repair it. Bernell Caraway asked how much time they would have if they decided to try to fix it. Schumpert said it would be 180 days after issuance of a building permit. Green said it takes longer for CDBG rehab due to the application processing. Ramonda Caraway said Ms. Hamilton was going to help them get it torn down, but they talked to a couple of other people who said it could be fixed up; Ms. Hamilton was not going to help them fix it. Powell asked if Ms. Hamilton had committed to help fix the property and the Caraways said no, to tear it down. Bernell Caraway asked how much time they would have to fix it up and Powell asked if that would be using their own funds and Ms. Caraway said yes.

Dan Tucker, Code Administration Director, said staff is verifying if the owners qualify for CDBG assistance in demolition and clearing the site. He said the resolution grants 15 days to obtain a permit to demolish or rehabilitate, and the owners would have the ability to make that decision. Green asked that the owners be given a full explanation of the process. Public Hearing recessed.

701 SW Magnolia Avenue: Woommavovah said the owner is Alta June Powell who was notified in November 1997. Fire and Historical Society have responded. Property is vacant and has been unsecured from time to time and is considered unsafe for human occupancy.

706 SW Magnolia Avenue: Woommavovah said the property is owned by Arthur Hill who was notified in November 1997 that the City was considering condemnation. Fire and Historical Society comments have been received. Property is a vacant, wood frame structure, and it is used for storage of materials. Williams said two mortgage holders are shown and asked if they had been contacted. Woommavovah said yes. Williams asked if the mortgage holders are responsible for the costs if the owner does not pay for it. Woommavovah said not that he knew of.

Public Hearing was opened. Arthur Hill said he was the property owner. He said while he was in Germany, the renters cut a hole in the ceiling to vent a smoke stack for a wood stove, without his knowledge, and that caused the front two rooms to be water soaked from leaks. Hill said he would remove those two rooms and would like to remodel it so it could be rented. He said staff had advised it would be costly but it could be done in phases because the roof is the major item requiring trusses and decking. Public Hearing was recessed.

314 SW Monroe Avenue: Woommavovah said the property is owned by John Denney who was notified in October 1997 that the City was considering condemnation. Fire Department and Historical Society have responded. The owner has indicated he would like to demolish the structure at a later date.

211 SW Summit Avenue: Woommavovah said the property is owned by Floyd and Glenda Frye who were contacted in October 1997 that the City was considering the property for demolition. Fire Department and Historical Society have responded. This is a wood frame structure used for storage and it has been vacant for some time.

1304 NW 21st Street: Woommavovah said the property is owned by Lawrence Banks who was notified in November 1997 that the City was considering condemnation. Fire Department and Historical Society have responded. This is a wood structure which has been vacant and becomes unsecured from time to time. Jere Barnthouse of Amquest Bank has some interest in the property and he asked Council consider tabling it; Johnny Owens has a For Sale sign on the property which now indicates it has been Sold.

Williams asked if the house next door had been condemned. Woommavovah said yes, it was considered April 28. Williams said he talked with Johnny Owens today and suggested combining both of the addresses together and bringing them back in 30 days. He said it appears to be a pretty good house and seems to be secure most of the time. Williams said the property is in the process of being sold and there is a tax situation involved on when the ownership transfers.

Williams asked the time frame on the house next door. Tucker said the resolution was passed with an extended time of 30 days to get the permit, and that will expire this week so it could be brought back at the next meeting for reconsideration if that is Council’s desire, even though the resolution granted 30 days to obtain the permit or the City would demolish it. Williams said the houses are being sold and will not stay there, and it becomes a matter of who will pay for the demolition.

Purcell said the resolution allows 15 days for a demolition or building permit and asked why the resolution should not be passed and why the other house would be brought back. Tucker said he erred and did not intend to bring it back but would follow the resolution. Purcell suggested this be passed with the 30 day provision. Tucker said Barnthouse told he and Woommavovah that if they did not get the owner to tear it down that they would come in and get a permit to do something. Williams asked if that was on this property or the one next door and Tucker said both of them.

1109-1/2 SW 27th Street: Woommavovah said the property is owned by Melvin Weatherly who was notified in November 1997 that the City was considering this for demolition. Fire Department and Historical Society have replied. This is a wood frame structure with a garage underneath and an apartment on top. It is unsecured and needs to be demolished.

5. Hold a public hearing and consider an ordinance changing the zoning from I-2 (Industrial Park District) and A-1 (General Agricultural District) to I-4 (Heavy Industrial District) zoning classification on tracts located at 8701 West Lee Boulevard. Exhibits: Ord. No. 98-19; Location Map; Application; Analysis; Memorandum from the Transportation Planner II; Memorandum from the Traffic Engineer; Survey of Site; Minutes of LMAPC Meeting of April 29, 1998.

Bigham said the request involves a 70-acre tract located east of the industrial park at Goodyear and Lee Boulevard. Applicant is the Lawton Industrial Foundation; owners are Rita Hill, Clyde and Michael Hill, Mark and Anita Hill, Johnny and Connie Kinder, and Jerry and Betty Gilson. Proposed use is Republic Paperboard Corporation which had a ground breaking last Friday and was formerly known as the Roadrunner Project. Current land use is vacant. LMAPC held a public hearing on April 29 where one person representing the Chamber of Commerce spoke in favor of the request; LMAPC by six to zero vote recommended approval. Four property owners were notified within 400 feet of the requested area and no calls were received; staff recommendation is for approval.

An ordinance changing the zoning classification of the tract of land which is hereinafter more particularly described in Section One (1) hereof from the existing classification of I-2 (Industrial Park District) to I-4 (Heavy Industrial District) zoning classification and changing the zoning classification of the tracts of land which are hereinafter more particularly described in Section Two (2) hereof from A-1 (General Agricultural District) to I-4 (Heavy Industrial District) zoning classification; authorizing changes to be made upon the Official Zoning Map in accordance with this ordinance.

6. Consider an ordinance relating to personnel administration, amending Section 17-339, Chapter 17, Lawton City Code, 1995, as amended by Ordinance 98-8, increasing the retirement benefit formula from two percent (2%) to two and three tenths percent (2.3%), providing for severability and providing for an effective date. Exhibits: Ord. 98- 20.

Schumpert said the initiator is the Employee Advisory Committee. Council recently passed a cost of living for those who had been retired based on a number of years and this is the second change they wish made in the Employee Retirement System. The actuary comments indicate that at this time the change can be made without increasing the contribution by either the City or the employees.

An ordinance relating to personnel administration, amending Section 17-339, Chapter 17, Lawton City Code, 1995, as amended by Ordinance No. 98-8, increasing the retirement benefit formula from two percent (2%) to two and three tenths percent (2.3%), providing for severability and providing for an effective date. (Effective date is July 1, 1998.)

Beller expressed concern about putting glass at the lakes. He said he attended the Lake & Land Commission meeting and voiced his concern but comments were made that people bring olives, peanut butter and other items in glass containers. Beller said those are not the items you see as you drive along the street; glass containers you see are beer, wine and whiskey bottles. Beller said he felt it would be a problem if this were approved and that he had spoken with Mr. Waller who was not really too concerned whether this was passed, although he would like it.

Beller said the concession wanted to put in wine coolers, which are sold in glass containers. He said he felt the customers would take the containers out of the store, and the containers could be tossed into the weeds and hit by mowers and kids could get cut or hit with flying glass.

Shanklin said he and Williams attended the Lake & Land Commission meeting where a man requested jug fishing be allowed year around, and it passed the Commission. He suggested changing the two liter limit to one gallon so people could catch bigger fish.

Shanklin offered a motion to give direction to staff that they bring back an ordinance that if only one bid is received that we do not respond to it. Powell asked if it would be opened and Shanklin said no. Shanklin asked the City’s liability if a bid is opened. Cruz said Council can accept, reject or award. Shanklin said the firm’s bid would be exposed and he hoped Council read the information he provided on the playground equipment.

Beller asked what would be accomplished by not accepting the one bid and the item is readvertised. Shanklin said the firm’s bid would not be exposed. Beller asked what would encourage us to have more than one bidder by going out the second time. Shanklin said some did not receive the advertisement and some did not respond. Beller asked if the advertisement would be sent to different firms the second time. Shanklin said whatever staff writes in the ordinance.

Williams said even though there may be only one bidder, that individual does not know how many other people may or may not be bidding on that particular request. Shanklin said that may not be the case all the time. Williams said he did not think it was the City’s responsibility to seek out all vendors and that the ads are published in the newspaper. Williams said he agreed if one bid is opened, it would expose the price, but it is almost not fair to the person who bid to not consider his submission.

Purcell said he supported the suggestion in a way because he understood what it was intended to accomplish. He said if one bid is received and the City does not open it, but rejects it and sends it back to them, then you must advertise again and perhaps three would be received and opened. Purcell said one bidder may be out of town and the low bid, and an in town vendor may be a little higher; would we award to the person in town because he is just a little bit more. He said if that is done, no one will bid from out of town.

Warren said he agreed with the idea of not exposing the bid but had a problem with how this would work. He said they cannot force someone to submit a bid, and six bids may come in with five being no bids, so you actually receive only one bid. Warren said some items are really single source items and he did not know how an ordinance could address that situation.

Smith said the system in place now works; if a company does not want to bid, that is their privilege. Firms do not know which others have submitted bids. Williams said the idea is to stimulate more bidding to get competitive prices, and it might be better to contact those who do not respond or who submit a no bid to determine the reason. Powell said there are reasons for people not bidding and that he did not know the reasons, but felt the Council had a responsibility to the taxpayers to spend the money wisely. Powell said he felt to let a bid with only one response is not a prudent expenditure, more bids should be sought and other entities do not have a problem receiving bids. Powell said he supported having more than one bid when spending the taxpayers’ money.

Cruz said State law requires when advertising for bids that you identify the date, time and place of the opening of the bids, therefore, that must be stated in the advertisement and that is how it is done. He said to bring a single bid to Council would be difficult in working out a mechanism to comply with State law because we do not know if only one bid will be received. Cruz said firms are provided bid advertisements, as well as that advertisement being published in the newspaper and trade magazines.

Cruz asked if the single bid item would apply to all contracts, including services, goods, materials and construction of streets, sewer lines and so forth. He said another question is if we go out for an item and only one bid is submitted, we would turn it back; if it is done again and only one bid is received again, by the same or a different bidder, would it also be turned back. Shanklin said Council could accept a single bid when it so desired. Cruz said if this item is approved, he would return an ordinance and such questions would have to be addressed in the ordinance.

Shanklin said one bid was received on transmission service and that was accepted because the firm had exposed its bid price. He said $43,000 was spent on play equipment when four manufacturers did not respond and only one bid was received, yet no one tried to find out why the others did not bid. Warren said the suggested cure is worse than the ill. Shanklin said he would withdraw the item if other members did not object to spending money in this manner. Williams suggested the City Manager ask staff to find out what the problems are with firms not bidding.

Schumpert said staff was asked to find out why firms did not bid on the playground equipment and that was done, and a report was provided to Council. He said one firm suggested separating the park accessory items from the base play units so companies who supply benches could submit a bid. Another suggestion was to expand the mailing list to companies who specialize in the products. Powell asked who made the recommendations. Schumpert said Parks & Recreation called 14 companies and asked why they did not bid, if the request for proposal was clear, and how could future bids be developed to insure more bidders.

Shanklin said information was distributed showing the City had done most of its business with Miracle and that if others knew they would not be successful they would not waste their time bidding. Powell said he felt it would be wrong to expose the prices if only one bid is received.

Powell said he understood staff was in the process of identifying the many parks. He suggested if parks are not being used and will not be used in the future, and the City is simply maintaining the property, he would like to see the City dispose of the land if it does not affect anyone adversely.

Williams said Council was moving in that direction, and some of the properties on S 11th Street had been sold in the last year. He said staff is working on identifying all City properties and whether they are needed. Williams said a list of properties was included with the mowing contract bid and it was a long list. Shanklin suggested those that are land locked, with no access, be sold. The property list with the agenda item was reviewed. Williams asked if 19th and Irwin had recently been bid for sale since the item shows no bids were received.

Dick Huck, Parks & Recreation Director, said the property was identified and brought to Council two years ago. It was advertised for bids and none were received so it is currently identified as open space; park equipment has been relocated to other nearby areas. Williams asked about the park with access only by a sidewalk near the old Jefferson Elementary School. Huck said that is Carroll Park near Carroll and 14th Street and it is used for a practice field for baseball and football, but access is only available between two houses and there is no play equipment in place except a backstop and soccer goal.

Powell asked who would determine those shown as "return to donor". Huck said it is determined by the method it was conveyed to the City and some contain a reversionary clause where the land reverts to the owner if it is not used for public purposes. Powell suggested staff work on this so it can be taken care of and Williams said that direction had been given. Warren said it was done about a year and a half ago. Schumpert said Council directed staff to identify all City properties and make a recommendation on what to do with them, and the City had sold two or three properties which were not recorded at the court house, and some legal descriptions on park land were incorrect. He said the City owns about one-third of Ron Stephens Stadium and the recommendation on that property is to trade it to the school system. Schumpert said Planning is working very hard on this and the Right of Way Agent is researching the abstracts. He said a book of all parks has been completed with accurate legal descriptions, conditions, and play equipment items to include the age. Staff is currently working on the Lawton View area, and the last phase will be all other properties in outlying areas.

Powell said he had held a similar discussion with the City Manager who noted the City had mowed properties belonging to others, thinking it was City property. Schumpert said Council could provide direction to move forward with the parks section at the next meeting. Beller said Albert Johnson Park is well used in Terrace Hills and actions should be undertaken to obtain clear title to the property, rather than continuing to lease it from the school system.

Powell said concern had been expressed about the tennis courts on 38th Street and it may be possible to enter into a concession type lease where it could be upgraded. Huck said an entity had expressed an interest. Cruz said there are specific conditions in regard to Greer Park and that he needed to check on it as there had been a previous civil suit with regard to reversion of title. Purcell said Greer Park is used by Cameron and Lawton Public Schools for tennis and that should be considered prior to a concession situation. Condition of the courts and proposed improvements were discussed. Green said parks in Ward 7 are in good condition generally and suggested it would be beneficial to offer tennis lessons in some of those locations, possibly through CDBG funding. Huck said lessons are offered during the summer at the 38th Street courts.

12. Consider the following damage claims recommended for approval and consider passage of the resolutions authorizing the City Attorney to file friendly suits for the claims over $400.00: Lorelle A. & Bruce R. Dwyer; and Frankie Gomez. Exhibits: Legal Opinions/Recommendations; Res. No. 98-92 & Res. No. 98-93 (on file in City Clerk's Office).

A resolution authorizing and directing the City Attorney to assist Lorelle A. Dwyer and Bruce R. Dwyer 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 Five Hundred Fifty and 98/100 Dollars ($1,550.98).

A resolution authorizing and directing the City Attorney to assist Frankie Gomez 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 Seventy-Two and 17/100 Dollars ($1,672.17).

A resolution authorizing the City Attorney to enter into an economic settlement agreement for the sum of Seven Thousand Dollars ($7,000.00) in the Federal District Court for the Western District of Oklahoma, as settlement of the lawsuit styled Bias v. City of Lawton, Case No. CIV-97-1765-L, and directing the City Attorney to prepare and file a journal entry incorporation said resolution and settlement agreement for the Court’s approval.

14. Consider approving amendments for legal services agreements between the City and the following firms/attorneys extending the expiration dates of said agreements to June 30, 1999; Robert Anderson; Alan Rosenbaum; Burgess and Burgess, Inc.; Holloway, Dobson, Hudson and Bachman, P.C.; and Ken Barnes; and authorize the Mayor and the City Clerk to execute the amendments. Exhibits: Amendments (on file in the City Clerk's Office). Action: Approval of amendments as recommended.

15. Consider approving a retainer agreement with the firm of McAfee & Taft to represent the City in a pending contract interest arbitration between the City of Lawton and International Association of Firefighters, Local 1882. Exhibits: Retainer Agreement (on file in the City Clerk's Office). Action: Approval of agreement as recommended.

17. Consider accepting the beneficial interests of the Lawton Post Office-City Hall Authority, consider adopting a resolution approving the termination of said Authority and authorize the Mayor to send a letter to the Governor requesting approval of the termination of said Authority. Exhibits: Deeds (on file in the City Clerk's Office); Res. 98- 95; Map; Letter.

19. Consider accepting the sanitary sewer line, an easement, a cash surety in lieu of completing the deflection test, and a maintenance bond for the sewer line located at the northeast corner of Ferris Avenue and Sheridan Road. Exhibits: Location Map (Cash Escrow Agreement, easement, and Maintenance Bond on file in City Clerk's Office). Action: Approval of item as recommended.

20. Consider accepting the storm sewer improvement, easement, and maintenance bond for the storm sewer located at the northeast corner of Ferris Avenue and Sheridan Road. Exhibits: Location Map (Maintenance Bond and Easement on file in City Clerk's Office). Action: Approval of item as recommended.

21. Consider approving the plans and specifications for median opening and turn bay improvements at 2302 East Gore Boulevard and 2612 West Lee Boulevard for the Sonic Drive In restaurants. Exhibits: Memorandum from Engineering Division; Location Map (Plans and Specifications on file in Engineering Division). Action: Approval of item as recommended.

22. Consider accepting the Central Fire Station Vehicle Exhaust Ventilation System Project 98-3 as constructed by Air Cleaning Technologies, Inc. and placing the Maintenance Bond into effect. Exhibits: None. Action: Approval of item as recommended.

23. Consider approving an amendment extending the terms of an agreement between the City and Advanced Systems Technology allowing for the rental of police vehicles for the purpose of producing interactive software and videos and authorize execution of said amendment. Exhibits: Original Agreement; Amendment No. 1. Action: Approval of item as recommended.

24. Consider approving Amendment No. 6 to the Raw Water Purchase Agreement with Ramon John, and authorize the Mayor and City Clerk to execute the Amendment. Exhibits: Amendment No. 6 (Lawton Water Authority Agenda). Action: Ratify Water Authority action to approve Amendment No. 6.

25. Consider approving amendments to the John Perry's, Ralph's Resort, and Janice Meese's, Robinson's Landing concession leases amending the disposition of fixed assets upon termination of the lease agreement and authorizing the Mayor and City Clerk to execute the amendments. Exhibits: (Lawton Water Authority Agenda). Action: Ratify Water Authority action to approve amendments.

27. Consider adopting a resolution authorizing the temporary closing of 4th Street from the west exit of the Library parking lot to C Avenue and B Avenue from 4th Street to 5th Street during the Lawton Birthday Celebration, August 4, 1998, through August 5, 1998. Exhibits: Res. No. 98- 97.

36. Consider awarding contract for concession operation. Exhibits: Vendor's mailing list; bid record tabulation; and department recommendation. Action: Award contract to Diamond J Enterprises for McMahon Park Concession; Breakfast Optimist Club for Grand View United Sports Complex Concession.

MOVED by Shanklin, SECOND by Williams, for approval of the items as recommended in the Consent Agenda, with the exception of Items 16, 18 and striking Item 31. AYE: Smith, Williams, Sadler, Purcell, Shanklin, Beller, Green, Warren. NAY: None. MOTION CARRIED.

16. Consider approving agreements for health/dental and workers compensation administration services and health plan specific stop loss re-insurance and authorizing the Mayor and City Clerk to sign the agreements. Exhibits: Worksheet showing financial comparisons of the proposals of the two finalist firms; (Copies of original proposals on file in the City Clerk's Office).

Williams asked how this compares to the current insurance costs. Chuck Bridwell, Personnel Director, said the administrative costs are competitive and stop loss coverage is changed from $300,000 to $150,000, which is a big advantage. He explained stop loss coverage. Williams asked how this compares to the City’s funding the insurance itself. Bridwell said funding is available and the plan will include prescription management, which should be beneficial to the plan and the employees. The City paid $250,000 for prescription drugs this year, and for a plan this size, the number should be closer to $150,000, and by installing the prescription plan, employees can get their prescriptions paid faster and will reduce the amount of money paid out.

Schumpert asked how the price compares with what is currently being paid. Bridwell said the administrative services are about the same, or slightly less. Beller asked if the prescription plan was an out of town pharmacy. Bridwell said no, it is through a prescription management company called PPOK, which has an electronic processing agreement with a large number of pharmacies and most major pharmacies he knew of were included on that processing plan. Bridwell said he had talked with local druggists who are very much in favor of it.

MOVED by Williams, SECOND by Warren, to approve the agreement with Managed Health Resources for claims administration for the health and dental plan for specific stop loss reinsurance with the United Safety and Claims, Inc. and workers’ compensation claims administration, both effective July 1, 1998, authorize the Mayor and City Clerk to sign the agreements. AYE: Williams, Sadler, Purcell, Shanklin, Beller, Green, Warren, Smith. NAY: None. MOTION CARRIED.

Williams said the information states that it should be noted that because of the high concentration of hydrocarbons discovered during the soil testing that this site will in all likelihood require remediation of the contaminated soils. He asked how long this may last and what kind of remediation may be required.

Jerry Ihler, Public Works/Engineering Director, said the consultant had 20 days to submit his report to the Oklahoma Corporation Commission. The consultant did so and found high hydrocarbons so the Oklahoma Corporation Commission requested additional monitoring so the consultant installed two monitoring wells and performed additional soil testing, and he has 45 days to submit the result of the testing to the Oklahoma Corporation Commission. Initially the consultant felt there would be a case where remediation would be required, and that could vary from digging up part of the area and aerating it so the hydrocarbons could diffuse in the air and the soil could be disposed of at the landfill, and that was the process at the lake rangers’ station two or three years ago. Ihler said that will not be determined until the consultant is finished. He said he spoke with the consultant yesterday and the consultant will attempt to have the case closed by the Oklahoma Corporation Commission.

Williams asked if these are the last gas storage tanks the City has. Ihler said no, there are three storage tanks at the Public Works Yard, and $100,000 had been requested for removal and replacement with above ground tanks. Engineering plans may be available at the next meeting.

42. Pursuant to Section 307B.1, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the continued employment of Brenda Smith as the City Clerk, and, in open session, consider approving an employment agreement of Brenda Smith as City Clerk. Exhibits: Employment Agreement Summary - Previously Distributed.

43. Pursuant to Section 307B.2 Title 25, Oklahoma Statutes, consider convening in executive session to discuss the negotiations for a Collective Bargaining Agreement for FY 1998-1999 between the Police Union, IUPA, Local 24, and the City of Lawton, and, if appropriate, take action in open session. Exhibits: None.

Addendum: Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the lawsuits styled White, et al. v. City of Lawton, et al., Cotton County District Court, Case Nos. CJ-98-19 and CJ-94-45, and, in open session, take appropriate action. Exhibits: None.

Cruz reported the Mayor and Council met in executive session to consider the items listed on the agenda. He said Item 43 relates to negotiations between the City and the Police union and no action is needed. Cruz said on the Addendum relating to the White civil suit, no action is needed. Cruz said on Item 42 on the regular agenda relating to the employment of Brenda Smith as City Clerk, he would ask Council to approve an employment agreement employing Brenda Smith as City Clerk from July 1, 1998 to June 30, 1999, with a salary increase of 2.5% to be rounded to the nearest dollar.

MOVED by Shanklin, SECOND by Smith, to approve an employment agreement employing Brenda Smith as City Clerk from July 1, 1998 to June 30, 1999, with a salary increase of 2.5% to be rounded to the nearest dollar. AYE: Beller, Green, Warren, Smith, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

Purcell suggested the Mayor appoint, some time in the next year or year and a half, a recycling group for paper, and Republic will take all the paper and cardboard boxes available. He said recycling has been discussed for years and a City program to recycle these items should be considered.

Purcell asked if we are currently mowing grass in the City. Schumpert said we are mowing with the crews we have, and we intend to have that on the next agenda. Purcell said an audit will be available at Thursday night’s meeting that the City Manager asked Mr. Endicott to provide. He said Endicott will not be able to attend Thursday night and he planned to discuss the finding with him, and invited others to do the same.

Sadler asked if the hay baling agreement was being delayed in legal. Cruz said the proposed request for bids was reviewed and returned to Parks & Recreation about a week ago, and they are working with them to get it out for bids. Green asked if that applied to yards of homes that are abandoned. Schumpert said that contract was awarded previously and complaints should be directed to Code Administration.

Beller asked if you purchase a tax certificate from the Assessor’s Office for a property, are you the person required to cut and mow the grass. He said he was told by a person holding such certificates that he has no right to enter the property. Cruz said the name of the person on the tax roll receives notice. Schumpert said in one case, a person was told that if he would give us a list of the properties he held certificates on then we would notify him in addition to the property owner of record.

Shanklin said on the paper recycling, he thought several people planned to go to Hutchinson to look at the recycle paper mill. He said it was his understanding that the only paper Republic would buy would be that which had been baled. Shanklin said if the waste stream is 40% paper then it could be cut 90% because paper goods will be recycled in this entire region. Purcell agreed and said the City could collect the paper and sell it to Republic, or a business could be started to do that. Powell said some businesses bale their paper now, and agreed a committee would be appropriate.

Schumpert said he wanted to clarify statements regarding refuse containers; the ordinance says an individual shall have a container and gives descriptions, and that customers will have them in sufficient numbers to keep all garbage secured. He said his statement was that a customer could have only two containers and that is incorrect. Schumpert said a container shall have a capacity of not less than 20 gallons and shall weigh not more than 75 pounds, and the last sentence is disposal of water proof plastic bags may also be used.

Schumpert said it appeared there may be a new operator at the municipal golf course and some changes are taking place, such as good carts and watering the courses. Beller said it is still up in the air, although many improvements have taken place.

Green said she had a beautification meeting two weeks ago for all the businesses on 11th Street from the highway past Gore. She said 130 letters were sent trying to get a beautification project like Cache Road; only two businesses attended. Green said she was still trying to promote that effort.