Meeting of 1998-9-22 Regular Meeting

MOVED by Smith, SECOND by Purcell, for approval of the Minutes with the correction to Page 541 of the September 2 Minutes as was provided to Council by the Clerk. AYE: Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

Rev. Lonnie Hanson, Pastor of New Rock Church, said 1403 and 1405 Dearborn are owned by Bob Mansell, who is in the process of deeding that to the church. He said he spoke with Dennis Woommavovah from Code Administration who advised him the City was seeking bids to demolish the homes. Hanson asked that the demolition action be stopped so they can tear the structures down and refurbish the properties.

Baker said Woommavovah mentioned this to him before the meeting and that they had no problem with it; if Council so directs, the demolition can be placed on hold and an agenda item brought back to rescind the previous resolution. Warren asked if the church could apply for a permit to remodel or demolish. Baker said the time limits had expired. Vincent said the resolution in place can be amended but it would have to be brought back under an agenda item. Shanklin said it is three weeks before Council will meet again. Vincent said action cannot be taken on audience participation items. Mayor Powell suggested staff could be asked not to take any action until the next meeting if that is the understanding.

Purcell asked Hanson if he was going to get the property and tear the houses down. Hanson said yes. Warren asked if a demolition contract had been approved. Baker said no, bid advertisement was about to take place but it has not happened yet, so if Council so directs, staff can hold up on the bid advertisement until it can be placed on the agenda. Shanklin asked if the people would be precluded from doing anything to the property until then. Mayor Powell asked if they had title. Hanson said Mr. Mansell told him on Friday that he had deeded it over and was mailing the deed to him, so he apparently had taken care of the legalities. Mayor Powell suggested Hanson bring the paperwork to Baker when it is received and that was acceptable to Council.

Rev. F. M. Pillow said he was a long time pastor and minister and had started a mission on Bessie Avenue Sunday before last. He said he did not know that cities regulated churches in any manner whatsoever and that the U.S. Constitution provided for separation between church and state. Pillow said he had read some of the City’s requirements and was appalled and that it would cost a million dollars to comply with such requirements. He discussed his views on this subject at length.

Williams said he had spoken with Rev. Pillow and suggested he speak before Council. He said the problems dealt with a church being started in a residential area and the lack of parking facilities for the church, as well as other regulations.

Mayor Powell thanked Rev. Pillow for appearing and pointed out that Council could not act on items brought up during audience participation. Pillow suggested the head of the Baptist Association be contacted and that he would be in touch.

Rick Herbert, 1110 NW 51st Street, said he supported construction of the B-1 Detention Reservoir to relieve flooding in the Meadowbrook area and for completion of the Corps of Engineers study, which has already been paid for by the City. He said everything in the study may not be done but parts may be helpful. Herbert said there are more than eight homes involved and the issue seems to have been trees versus homes. He said there are 70-75 homes involved and the City is growing quickly although many people are moving outside the City limits. Herbert said many homes are being built in the watershed and he was interested in what the Corps felt would fix the problem of flooding. He said a permanent, long term solution should be found so there will not be further problems when more development comes about.

Herbert said he understood that $1.5 million had been earmarked to build the detention structure on 67th and Rogers Lane, and that should reduce water in the Middle Branch of Wolf Creek by 33% according to the Corps study, based on conditions today and it may change when more houses are built. He said the $4.5 million number was brought up by going through the entire channel and would involve their homes, but the Council should determine what is best for the public in general. Herbert said many people do not have flood insurance. He said the letter from the Corps should not have been sent out because it was not complete and did not reflect that the Council would make more decisions on the project. Herbert said the letter caused a great deal of problems and he understood another letter would be sent out including questions and answers, and explanations. He said the area residents want the detention pond built and would see what happens from there and look at the finished study from the Corps.

Mayor Powell said the study by the Corps of Engineers will continue and that should not be a concern to the residents of this area. He said he anticipated a meeting of all concerned in that area in the near future, then Council can make an intelligent decision.

Purcell asked Herbert where he got the idea that the study would not continue and Herbert said rumors. Sadler said the Council did not get the information that was mailed to the homeowners by the Corps of Engineers, and that copies had since been provided to Council. Sadler said the Corps will finish its report and Council will make appropriate decisions.

1. Consider adopting a resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995, as amended, increasing sewer rates to fund Phase I of the Wastewater Rehabilitation Program and take appropriate action. Exhibits: Resolution No. 98- .

2. Consider adopting a resolution permitting angle parking on south side of NW Hoover Avenue just west of NW 14th Street adjacent to Pat Henry Elementary School. Exhibits: 4/8/98 letter of request; 4/10/98 letter to LPS; 6/26/97 letter to LPS; 6/25/97 memo from Traffic Engineer; Site Plan; 6/9/98 Council Minutes; 8/28/98 letter from LPS; Resolution No. 98-153.

Williams said Council had seen the item once before and direction was sought from school administration whose response was included in the information provided. He said one of the principals at Pat Henry Elementary is present. Williams encouraged passage of the resolution which will allow the school, at its expense, to provide the parking that is needed. He said a resident on Hoover is also present who sees the parking problem daily.

3. Hold a public hearing and consider an ordinance changing the zoning from R-1 (Single-Family Dwelling District) to C-4 (Tourist Commercial District) zoning classification located at 2102-2110 NW Oak Avenue and 1306 NW 21st Street. Exhibits: Ordinance No. 98- (LMAPC recommendation); Ordinance No. 98- (Staff recommendation); Location Map; Application; Analysis of Request; Excerpt of 2020 Land Use Plan; LMAPC Minutes.

Bob Bigham, City Planner, pointed out the location of the area in question on a view graph map. Zoning of the surrounding area is C-5 to the north, C-4 between the requested area and Sheridan Road, and C-5 to the south. Uses pointed out were Ryan’s Steakhouse, Hollywood Video, Parts America, a professional office building, the old A & W Rootbeer site, and Wal-Mart across the street. Planning Commission on August 26 held a public hearing; two persons spoke in favor and one person spoke in opposition. Staff recommended the change be C-1 in compliance with the Land Use Plan. LMAPC by a seven to zero vote recommended approval of the C-4 request stating C-4 was appropriate since a nearby area was recently rezoned by Council to C-4. Notice of public hearing for this meeting has been properly served.

Purcell asked the reason staff recommended C-1 zoning given surrounding zoning. He asked the reason staff would recommend C-1 aside from the Land Use Plan. Bigham said there would not be any. Purcell asked if the only reason staff recommended C-1 was the Land Use Plan. Bigham said they were trying to stay consistent with the Land Use Plan.

Williams said LMAPC and Council approved the Land Use Plan. Bigham agreed and said it is a policy document and it would be flexible given the changing environment of the City. Bigham said this was designated as a transitional zone to commercial, and the most restrictive commercial zonings are recommended in transitional areas throughout the City.

Purcell asked if the Land Use Plan was violated by the previous C-4 zoning. Bigham said the initial zoning map showed Thompson Subdivision as C-4 since 1964 with the exception of the residential neighborhood of Moore Addition, which was an R-1 zoning classification in between two C-5 areas.

Sadler asked if C-1 would be a problem since the proposed use is not being stated, and that the proposed use is usually stated when rezoning is requested. Owens said the zoning to the south is C-5 and they were trying to keep the people from having to come back for another rezoning. Owens said people come in from out of town, who may be interested in developing, and there is a timing element involved. Williams said the more restrictive zoning may cause the property to be undeveloped for a longer period of time. Sadler said the purpose of zoning is to protect the surrounding areas.

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 R-1 (Single Family Dwelling District) to C-4 (Tourist Commercial District) zoning classification; authorizing changes to be made upon the Official Zoning Map in accordance with this ordinance.

4. Consider adopting an ordinance amending Section 22-1-1-141, Chapter 22, Lawton City Code, 1995, establishing the base refuse charge for each occupied unit in multifamily apartments and mobile home parks, and providing a charge for additional containers if requested. Exhibits: Ordinance No. 98-36.

An ordinance related to refuse fees and charges, amending Section 22-1-4-141, Chapter 22, Lawton City Code, 1995, providing a charge for each occupied unit of each multifamily apartment complex and mobile home park, and providing a charge for additional bulk containers upon request.

Warren said he requested the item; Mitchell Wyatt had contacted him expressing a desire to install two turn bays on Sheridan Road and the median openings are already present, there will be no new openings and it will only be installation of turn bays at those openings. He said he had no problem with it and agreed to bring it to Council. Warren said a set of plans had been placed at each desk and they are working plans; the two bays are located in the area of 921 Sheridan and 1217 Sheridan, with one being at the controlled intersection in front of Wal-Mart.

Baker said staff has no objection and the approving authority will be ODOT. Shanklin asked if ODOT had responded to the median opening to the south of this location. Powell said he sent the letter to Bob Rose per Council’s request and Rose called him. He told Rose that Council knew the traffic would get over there in some way and the concern was that it be done in the safest manner through the turn bay. Powell said the discussion was that Sheridan Road would not be considered a state highway after two years, and it would be dedicated to Lawton. Powell said he spoke with Rose about this same matter last Friday and Rose is having a hard time making a decision on it but he will write a letter of response; there was discussion about expediting the dedication to the City or waiting until the two years has expired and a decision has not been made on it yet.

Williams asked if the two year time frame was based on 82nd Street repairs and it becoming a state highway. Powell said that is an educated statement. Williams said it is obvious that Sheridan Road will not be State Highway 7. Powell said that is the time frame they anticipate 82nd Street will be opened. Jerry Ihler, Public Works/Engineering Director, said they anticipate a two year construction time with the bid letting to be in March or April. Powell said Sheridan Road being dedicated to the City should coincide with that time frame.

Purcell said he supported the request and many state roads busier than Sheridan no longer have medians but have the center turn lanes, similar to those on Cache Road. He said much larger cities with six lane roads have center turn lanes and we should not be putting in any more medians; as we knock the medians out or put in turn bays or cuts, the City should consider taking out medians and making center turn lanes. Purcell said it would be good if ODOT could agree to this and not wait for two years. Powell said Rose told him the State’s mission is to move traffic down the highway as safely and expediently as possible, and the more turns there are, the slower the traffic will move, and that is Rose’s point.

MOVED by Warren, SECOND by Smith, to approve in concept the turn bays for property located at approximately 921 and 1217 N Sheridan Road with detail standards and specifications to be coordinated between staff and property owners. (See amendment below)

Mayor Powell asked if language should be included regarding a letter to ODOT requesting this. Warren said he assumed it was part of the process. Vincent said the normal process for median cuts would be that an application would be made to the Traffic Engineer and she would either approve or deny and if she approved, they would go to ODOT through her office instead of coming to Council first.

Bill Williams said he is an adjacent property owner and wanted a copy of the plans given to Council. Beller asked if Williams objected to it and Williams said he wanted to see the drawings that would be submitted to ODOT. Warren said they do not have the plans that will be submitted to ODOT. Williams said he had two different plans. Warren said that was the reason for the language in the motion for standard detail specifications to be coordinated between staff and property owners.

Bill Williams said he had two different drawings and both were done by Landmark Engineering; one shows eradication of the north end of the median immediately east of Erwin Lane, and the second drawing, which was furnished to him yesterday by Marsha Hinds, Traffic Engineer, shows an extension to the south on the median on the north side of the median cut at Erwin Lane. Warren said the intention of the parties is to not extend the nose of the south end of the north median but leave it as it is as far as length. Powell asked Williams if his concern was that it would be extended and Williams said yes. Warren said it was his understanding that the plans that will be submitted will not extend that southern portion of the north median.

Bill Williams said he was also present in behalf of Larry Banks, who is a trustee for the estate that owns the property directly to the east of this. Extension of the median would adversely affect the value of his property and he spoke to Ms. Hinds about it as late as this afternoon and also talked to Warren and Warren said that part would be dropped so he wanted to make sure that whatever is sent to ODOT does not show anything different.

Beller said we should work with the people developing these two holding bays and for Williams to ask at this time is ludicrous because they do not know what it will be before the plans are finalized. Williams said Donnie Gaskins is present and he is one of the developers of the property and he could speak. Beller said he did not think Council needed to listen to that because it was a request to ODOT to approve it. Powell said we do not have any official plans and Beller said his point was we have a request and some tentative sketches.

Ihler said plans were submitted yesterday on the turn bay and staff did a preliminary review today; one of the concerns of Bill Williams is that the preliminary plans extend the nose to the south on Erwin Lane, an existing nose, which the piece of property Mr. Williams is concerned about or has interest in has access for a left turn onto Sheridan Road and extending the nose would cut off the access to that property. Beller asked if he was talking about coming from the north. Ihler said the property Williams is concerned about is to the north of the property in question here. Powell asked who drew the preliminary plans and Ihler said Landmark Engineering. Ihler said staff is reviewing the plans and one of the review comments is how they would address this problem and to please address it. Powell asked if we were making something beneficial to one party and detrimental to another. Ihler said if the plans were approved as drawn, it would be, but if we provide the review comments and they are addressed by the engineer, it would take care of it.

Purcell said his suggestion for a center turn lane would alleviate such problems. Ihler said removal of the entire median would create a traffic hazard with regard to the width of the opening and ODOT would comment on that issue. Purcell said he was referring to when the roadway is dedicated to the City. Ihler said it would be a safety issue. Purcell said he understood why it could not be done all the way to Cache Road but between Oak and the light at Wal-Mart, asked if that whole area could not be a center turning lane. Ihler said it could be a center turn lane but the developer would probably not want to pay to have the center median removed all the way back to Oak.

Warren said he agreed it would be good to have center turn lanes wherever possible but ODOT would not approve that here. He said the last word he got was that the final plans would be those that staff approves that would go to ODOT, and his understanding was the southern tip of the northern median will not be extended. Ihler said that is different from the plans they are reviewing in their office and if they do that, the problem will be addressed.

Shanklin asked if the concern is about traffic coming from the west on Erwin Lane being able to make a left hand turn going north on Sheridan; there will be a 70 to 80-foot fifth lane there. He asked if that was the concern of Mr. Williams. Bill Williams said no, the original drawings took the north tip of the median away, about 25 feet of it was cut off, and they are trying to improve the situation, but the drawings submitted yesterday would affect his property.

Warren said he may have caused a problem there because he felt cutting the north tip off would make it too wide so his suggestion to Gaskins was that if they take some off the north tip, that they add it to the south tip. He said he took responsibility for that suggestion. Warren said everyone is in agreement at this time that there is no intention of lengthening the nose of the northern median.

Mayor Powell said there seems to be some confusion and until something a little more concrete is submitted, it probably should be delayed. Warren said he saw no reason to do that because the motion is only to approve the concept and the actual plans would be between staff, ODOT and the property owners.

Ihler said he felt approving the turn bays was fine; it is the intent of the developer of the property to the south that he does not need to extend the median to the south which will not affect the other property and the review comment says do not extend to the south because it will affect the property owner and the engineer can make that correction and both property owners will be satisfied.

6. Discuss a letter recently received by Mr. R. T. Toma, the owner of 7207 NW Faircloud Drive, concerning the disconnection of utilities and demolition of a building, discuss any possible options available to the homeowner and take appropriate action if appropriate. Exhibits: None.

Warren said RFP’s were received when he first became a member, and the $7 million figure caused it to be immediately dropped. He said the savings in not having to open new landfill cells was not considered and the RFP may not have been written in the manner that some members would have preferred as far as the options available. Warren said he did not know how to word the RFP but suggested telling the firms the amount of tonnage involved, the landfill space available, and ask them for any and all methods of financing and proposals on the structure, whether the City would pay tipping fees or the firm would retain all of the end product or if a portion would be returned and any other options they could present.

Shanklin asked if a response had been received to the Mayor’s letter to Earth Care. Baker said a representative called yesterday, he is going out of the country but would like to brief the Council around the middle of November. Shanklin said the RFP could be advertised now and it was $5.5 million for the composting program for 300 tons but we do not handle 300 tons. Shanklin suggested it proceed and he felt there could be a cost savings.

Purcell said he felt this was a good idea. He said he attended a meeting where the Manager of Bar-S spoke and the casings from their plant amount to three-quarters of a compactor truck every day that is being dumped in the landfill that could be composted. Purcell said the RFP should say tell us how you do a compost for the tonnage and that is all it should say because we want the firms to tell us how to fund it, but if we go into detail on the RFP’s, it will be useless. Mayor Powell said Lawton should take advantage of the firms’ expertise in the field.

Warren said this needs to be done quickly so it can be part of the plan discussed earlier because the need for funding for another landfill cell was part of the discussion. Shanklin said the grass clippings should be factored into the amount of tonnage, and the Specifications Committee considered pricing this afternoon for a 60 lb bag. He said before that is done, the composting should be determined and how the grass clippings would figure into it.

Shanklin said staff is doing a good job but he thought a second opinion was needed when you talk about $30 million for a 20 mgd water treatment plant when individuals from two separate companies have stated the price at $.75 to $1 ratio. He said companies will design, build, finance and operate, all four or any one or none, and it is free to ask. Shanklin said the companies would look at the south plant, the north plant, and present a proposal as to what they can do and at what cost, and when those numbers are known we will know the size of the plant that is really needed in Southeast Lawton. He said Oklahoma City put out a RFP for a consultant, they designed a wastewater treatment plant that was going to cost $22 million and one firm got approval from DEQ and EPA and redesigned it and Oklahoma City paid $8 million for a 20 mgd wastewater treatment plant. Purcell asked if it was water or wastewater. Shanklin said wastewater, and the item here refers to fresh water, but the companies do both. Shanklin said he did not know whether a contract would be awarded as a result of the RFP but it would provide information.

Ihler said he had no objection to a second opinion and asked for clarification in developing the RFP. Ihler asked if the RFP should ask for the firms to analyze the Medicine Park plant, both north and south. Shanklin said they should determine what the capacity will be given the new guidelines. Ihler said it should include modifications needed to meet new safe drinking water standards. Shanklin said it should determine the capacity given those standards. Ihler said those figures would help determine the size of a water plant in Southeast Lawton.

Ihler said it was his understanding that everyone was in agreement as to the location of a plant in Southeast Lawton, and that should not be in the RFP, since there was agreement as to location but not size. He asked if the RFP should include design, build, a finance package, and contracting operation. Shanklin said the firms would do that themselves after they analyze the plants. Ihler said a scope of services must be provided in the RFP so everyone will have the same information and asked if contract operation services for the water treatment plant are to be included. Shanklin said he knew that was a boil and that Council should look at the package. Warren said the southeast plant should be a modular plant.

Purcell said the RFP should provide options for each of the areas Shanklin mentioned. Shanklin said it is simple to tell them to come to Lawton and analyze the plant and respond to design, build, operate and finance it, and answer each one of them.

Baker said the RFP would be returned for Council approval before being advertised. Shanklin said that authority was being given tonight and it should not be prolonged and members could look at it as they visit City Hall from time to time. Purcell said he thought it should come back to Council. Warren said staff would feel more comfortable with it coming back. Ihler said he would prefer that. Shanklin said they do not even have to tell Council an RFP has been advertised until Council is asked to vote on award. Ihler said he would like to bring it back the second meeting in October.

SUBSTITUTE MOTION by Purcell, SECOND by Williams, to go out with an RFP but before it goes out that it comes back to Council to look at it before it goes out. AYE: Beller, Haywood, Warren, Smith, Williams, Sadler, Purcell, Shanklin. NAY: None. MOTION CARRIED.

Mayor Powell said with regard to Item 9, claims of James A. Cheek, through his agent, Fred Cheek, and Howard and Sharon Smith, those two claims should be pulled to be tabled according to the City Attorney. Separate consideration was requested on Items 12, 14, 26 and 33. See motion below.

9. Consider the following damage claims recommended for denial: Kateland Barnett, by and through Christy Watkins & Randall Scott; Marcia Freo-Stanton; James A. Cheek, through his agent, Fred Cheek; Howard and Sharon Smith; and Kelly and Brenda Toliver. Exhibits: Legal Opinions/Recommendations. Action: Deny claims of Barnett, Freo-Stanton, and Toliver, and Table claims of Cheek and Smith.

10. Consider the following damage claims recommended for approval and consider passage of the resolutions authorizing the City Attorney to file friendly suit for the claims which are over $400.00: Valerie A. Brandt-Onan; Anthony and Sue Edwards; Jong Sun and Myong Su Yun; and Southwestern Bell Telephone Company. Exhibits: Legal Opinions/Recommendations. (Resolution Nos. 98-154 through 98-157 on file in City Clerk's office).

A resolution authorizing and directing the City Attorney to assist Valerie A. Brandt-Onan 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 Four Thousand Six Hundred Fifteen Dollars and 00/100s ($4,615.00).

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

A resolution authorizing and directing the City Attorney to assist Jong Sun Yun and Myong Su Yun 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 Two Thousand Five Hundred Dollars and 00/100s ($2,500.00).

A resolution authorizing and directing the City Attorney to assist Southwestern Bell Telephone Company 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 Four Hundred Seventy-Nine Dollars and 01/100s ($479.01).

11. Consider approving a retainer agreement with the firm of McAfee & Taft to represent the City in a pending arbitration between the City of Lawton and International Union of Police Associations, Local 24, FMCS #970825-05677-7. Exhibits: None. (Retainer Agreement on file in City Clerk's office). Action: Approval of item.

17. Consider approving contracts for the Cosponsorship Program for cultural programs by Lawton Community Theater and Cameron University and authorize the Mayor and City Clerk to execute the contracts. Exhibits: None. (Contracts on file in City Clerk's office). Action: Approve contracts with Lawton Community Theater for the Magic Theater Program and Cameron University for The Marriage of Figaro.

18. Consider approving an agreement for refuse disposal between the City of Lawton and the City of Waurika, and authorize the Mayor and City Clerk to execute the Agreement. Exhibits: None. (Agreement on file in City Clerk's office). Action: Approval of item.

19. Consider entering into a contract with Ms. Birdwell for fire protection outside the Lawton City limits, and authorize the Mayor and City Council to execute the contract. Exhibits: None. (Contract on file in City Clerk's office). Action: Approval of item.

20. Consider entering into a contract with Mr. and Mrs. Al Franz for fire protection outside the Lawton City limits, and authorize the Mayor and City Clerk to execute the contract. Exhibits: None. (Contract on file in City Clerk's office) Action: Approval of item.

21. Consider entering into a contract with Mr. Donald C. Landrum for fire protection outside the Lawton City limits, and authorize the Mayor and City Clerk to execute the contract. Exhibits: None. (Contract on file in City Clerk's office) Action: Approval of item.

22. Consider approving plans and specifications for the FY 98/99 CDBG Sewerline Rehabilitation Project 98-1 SSES and authorizing staff to advertise for bids. Exhibits: None. Action: Approval of item. Project consists of 2200 lf of 8" sanitary sewer main replacement including incidentals. Project is located in 2100 block of NW Ozmun, 2100 block of NW Carroll Avenue, 2300 block of NW Hoover Street, 2200 block of NW Lincoln Avenue, 500 block of SW 18th Street, and in the Charlie Ray Park area. Estimated cost for the project is in the $160,000 range.

23 Consider approving Change Order No. 1 for the NW Cache Road Waterline Project 97-8 with M.L. Young Construction Corporation. Exhibits: Location Map. Action: Approve Change Order No. 1 in the amount of $5,480.00. Adds 100 lf of 8" waterline, 50 lf of bore w/o casing, 11.1 sq. yds. of concrete street repair and traffic control. Changes are necessary to complete the connection in 38th Street. No additional days will be required to complete the project.

24. Consider acknowledging receipt of permit for the construction of sanitary sewer lines from the Oklahoma State Department of Environmental Quality to serve Sneed Acres, Part 5, City of Lawton, Comanche County, Oklahoma. Exhibits: None. Action: Approval of item. Permit No. SL000016980701 from ODEQ for 47 lf of 8" sanitary sewer line and appurtenances.

25. Consider awarding a construction contract to Robust Construction L.L.C. for the McMahon Auditorium portion of the General Facilities Project 97-13 Phase 1. Exhibits: 9/8/98 Bid Tabulation. Action: Award construction contract to Robust Construction L.L.C. for McMahon Auditorium portion of General Facilities Project 97-13 Phase 1 in the amount of $8,996.00.

27. Consider awarding a construction contract to Boyles & Associates, Inc. for the Patterson Center portion of the General Facilities Project 97-13 Phase 1. Exhibits: 9/8/98 Bid Tabulation. Action: Award construction contract to Boyles & Associates, Inc. for the Patterson Center portion of the General Facilities Project 97-13 Phase 1 in the amount of $66,890.00.

28. Consider awarding contract for traffic controller & LED's. Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Award contract for LED's to Dialight Corporation; Traffic Signal Controllers to Naztec, Inc.

29. Consider awarding contract for computers and rejecting bids for accessories. Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Award contract for computers to GateWay of North Sioux City, SD, and reject bids and do not re-bid for accessories.

32. Consider awarding contract for building materials for restroom at lake. Exhibits: Vendor's mailing list; bid tabulation; recommendation. Action: Award contracts as follows: Items 1, 2, 5, 8 and 9 to McCoy's Building Supply; Items 3 and 4 to Larrance Steel Corporation; Items 6 and 7 to Mid America Lumber Company.

36. Mayor's Appointments. Exhibits: None. Human Rights & Relations Commission: Sally Herzig, Asian Rep., Term: 9/22/98 to 9/30/99; Citizens' Advisory Committee (CIP): Charles Garefino, Ward 4 Rep., Term: 9/8/98 to 9/8/2001; Lawton Urban Renewal Authority (LURA): Albert Johnson, Term: 9/22/98 to 7/31/2001; Jerry Evers, Term: 9/22/98 to 7/31/2001

MOVED by Shanklin, SECOND by Smith, that on Item 9, James A. Cheek, through his agent Fred Cheek, and Howard and Sharon Smith be tabled; Items 12, 14, 26 and 33 be pulled for discussion and the rest of the Consent Agenda items be approved.

Williams said this is shown in Fund 35, as are many other buildings. He said there is a landfill office building 98-6 and asked if that was the same thing as the solid waste landfill scale house, or the same account. Ihler said there is a Fund 35 with a scale house; it is not the maintenance building that was discussed during the capital improvement projects. Williams asked if this one will be the scale house. Ihler said this will house the scale house, attendant, and office space for staff and a break room. Mayor Powell said the building can be moved if necessary.

MOVED by Williams, SECOND by Warren, to award a construction contract to T.P. Enterprises, Inc. for the Landfill Office Building, Project 98-6, in the amount of $57,250.00. AYE: Warren, Smith, Williams, Sadler, Purcell, Shanklin, Beller, Haywood. NAY: None. MOTION CARRIED.

14. Consider accepting a bid proposal for the sale of nonessential property located at approximately 1321 and 1325 SW Bishop Road and authorize the Mayor and City Clerk to execute the Contract for Sale and Quit Claim Deed. Exhibits: Location Map; Bid Proposal. (Proposed Contract for Sale and Quit Claim Deed on file in City Clerk's office).

Smith said there are two lots in question and staff recommendation was to accept the bid on one lot for $500 and reject the bid on the other lot for $125. He suggested bids be accepted for both lots and be finished with this and sell both lots.

Williams said this is another expense from Fund 35. He asked where the difference of $11,000 between the estimate and the bid would end up. Ihler said it would remain in the account until the project is complete and it would be transferred to another account or put in the general fund at the end of the year.

Shanklin said funds were identified in a previous year but not spent. Williams said some have been out there for years and there is $900,000 in Fund 35, and some is encumbered but the list still shows a tractor for solid waste disposal.

Purcell said the bids ranged from $24,000 to $144,000 and asked if someone misunderstood, and even the estimate was $35,000. He asked if the City would get what it wants from this bid. Ihler said he thought the $144,000 was a bid from a contractor who was not interested in doing the job and submitted the bid as a courtesy.

MOVED by Williams, SECOND by Warren, to award a construction contract to Kyle Co. Enterprises for the East City Hall portion of the General Facilities Project 97-13 Phase 1 in the amount of $24,000.00. AYE: Williams, Sadler, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

Williams asked how much longer this lease would be needed since the property at 631 D had been purchased. Baker said plans are being finalized and additional cost estimates were received. Baker said we cannot be into the new building by October so the recommendation to extend the lease was brought forward; it may be January or after until the building on D can be used because some cost estimates are coming in higher than budget. Baker said after the plans are finalized, funding will have to be identified. Williams suggested Fund 35.

38. Pursuant to 307B.4, Title 25, Oklahoma Statute, consider convening in executive session to discuss a proposed settlement in the civil suit styled Clarence Moore vs The City of Lawton, a municipal corporation, Case No. CS-98-257, in the District Court of Comanche County, and, if necessary, take appropriate action in open session. Exhibits: Resolution No. 98- (to be distributed in executive session).

39. Pursuant to Section 307B1, Title 25, Oklahoma Statutes, consider convening in executive session to review and determine the candidates for consideration for employment as City Manager, and in open session, take appropriate action on the procedure to be used in determining an acceptable individual, and/or any other action on the employment of a City Manager. Exhibits: None.

The Mayor and Council took a ten minute recess and then convened in executive session at approximately 8:00 p.m. The Mayor and Council reconvened in regular, open session at 8:30 p.m. with roll call reflecting all members present.

A resolution approving and authorizing acceptance and payment of settlement in the pending civil suit styled Clarence Moore vs. The City of Lawton, a municipal corporation, Case No. CS-98-257, in the District Court of Comanche County.

Vincent said he had no report on Item 39. Mayor Powell reported on Item 39 regarding employment of the City Manager and announced that the Council would start the interview process on October 14 and also on October 20 in special City Council meetings held at City Hall.

Purcell said he sent a message to State officials requesting help on the flooding problems and a meeting was held this morning with the Executive Director of the Oklahoma Water Resources Board, the attorney for the OWRB, two State Legislators, the City Manager and City Attorney, Jerry Ihler and Ronnie Graves. The purpose of the meeting was to work out a solution for the problem of flooding that would be satisfactory to the people in Walters and to preserve the water needed in Lakes Ellsworth and Lawtonka for water supply for Lawton and surrounding areas. He said it was a productive meeting and Graves has some good ideas on how to operate a little differently to help solve the problem, and the other item is legislative action to help specifically for those who have lakes used for water supply and not flood control. Purcell said it was determined by the people at the meeting that one of the ways to help solve the problem is to get the water treatment plant so water would flow out of Ellsworth into the water treatment plant. He said this is on-going and he appreciated the help from the State Legislators and OWRB and City staff.

Mayor Powell said a meeting will be held on Monday, September 28 from 10 until Noon at Fort Sill Snow Hall regarding technology awareness. He said Rep. Deutschendorf had expressed an interest in a meeting to increase awareness of technology in the area and offered his services on the State level. Powell said those attending will be Dr. Larri Murry, OCAST, Dr. Tom Thomas from Vo Tech, Mr. Pokorney from Advancia, Ms. Sullivan from Telos, and Doug Wells from the City; attempt will be to increase awareness of the need for technology and how to communicate what is available here to large corporations.

Smith said on October 20 there will be a blood drive; City Attorney Vincent, City Manager Baker, himself and Donna Mata, will take a pie in the face if they reach the goal of 25 units. Only four units were produced from City Hall and the Annex during the last blood drive.