Meeting of 1999-11-23 Regular Meeting

Vincent said the agenda folder contains a letter from John Munkacsy; the letter is a result of a meeting of the parties where plans were tentatively worked out. He said if everything comes to pass as programmed, the appeal would be moot, and the request was for this to be tabled until the plans are approved.

Warren said he did not have a problem tabling the issue but was a little leery of the letter because a gentleman told him right before this meeting started that he had not had any contact with Mr. Munkacsy or anybody involved. He said the gentleman is present and his property backs up to this building so he was wondering who all the concerned parties were that met if this gentleman has not been involved.

Dan Tucker, Code Administration Director, said we met with John Munkacsy, Donald Gaskins and Al Jung, and from the City was himself and the Plans Examiner. He said Al Jung, after they discussed the problem that existed, they indicated that they could build a fix on Mr. Gaskins' property that would cause it to drain onto Mr. Gaskins' property.

Warren asked that Baker designate someone from the City to be a contact person for these individuals so they could be kept abreast of what is going on. He said this gentleman who was affected by this does not have a clue as to the fact that we have actually even had a meeting or what Mr. Gaskins plans to do, and it causes a lot of hard feelings that should not necessarily be there. Warren said he felt everyone was truly trying to work out the problem but if the citizen does not know that, then the hard feelings are still there. Baker said the point of contact will be Mr. Tucker.

Gary Salva, Parks & Recreation Director, said the local chapter of the Vietnam Veterans appeared at a previous Council meeting requesting a site be dedicated for a proposed memorial and requested the small, triangular area in front of the Museum of the Great Plains. He said Council requested input from the Parks & Recreation Commission and a special meeting was held earlier this month. Salva said the Parks & Recreation staff did a video presentation giving seven additional alternatives for a site, in addition to the site originally mentioned. The Commission voted to recommend two priority sites to Council; the first Commission-recommended site would be Shepler Park at 5th and Gore west of the fountain; the second Commission-recommended site would be in the southeast section of Elmer Thomas Park across the parking lot from the Alive with Trees area.

Purcell asked why the Commission recommended Shepler Park as the first choice, rather than Elmer Thomas Park. Salva said Tom Hall, Parks & Recreation Commission Chairman, is present and may wish to speak also. Salva said consideration was given to whether the memorial would have a negative impact on the proposed site or nearby sites, and the site in front of the Museum would have an impact on the view of the Museum from the main thoroughfare, and comments were made that there should be at least some illusion that the Museum was in an area that would somewhat resemble the Great Plains.

Purcell said he understood those concerns but was asking about the difference between the first and second priority sites recommended by the Commission. Salva said the Shepler Park site advantages were that it was very visible, would be less prone to vandalism due to the proximity to the Police Station, and there is a nice parking lot nearby. Salva said the Shepler Park site would have a negative impact on the Arts For All Festival which is held there yearly.

Smith said he had spoken with Mr. Boone of the Veterans' Association, and the Association prefers the Alive with Trees area in Elmer Thomas Park because it is more secluded and gives people more contemplative time alone with their thoughts.

Warren said a Wetlands Project was being considered in McMahon Park and suggested that site might be considered because it would have a quiet area. Salva said one of the criteria the staff established was that an existing parking lot needed to be close by to save on cost, as well as power lines, and that was one of the reasons that area of McMahon Park was not considered.

Beller asked what size area would be needed. He said most of the Veterans' Day activities have taken place in or near the Shepler Park and Library Plaza area. Beller said the next item is to consider a Master Plan for Elmer Thomas Park and that he did not know if the plan would accommodate this memorial in that location.

Aaron Boone, Vietnam Veterans' Association, said the size of the memorial would be 30 feet in an octagon shape, with a height of 12 feet for the monument. He said the Shepler Park site contains enough ground but Shepler Park currently contains a fountain and a statue, and they are centered, so the memorial would have to be off to the edge and it just would not fit.

Williams said one of the concerns regarding Shepler Park is that it is not as quiet or serene of an area as what one might like, and the footprint of the monument would take up three or four booth spaces that could be used for Arts for All, even though that activity might move in the future.

Beller asked how close the bicycle path would be to the monument, if serenity was a consideration, and if an exact spot had been picked out at Elmer Thomas Park. Boone said it would be approximately 100 yards from the bicycle path. Smith said the Alive with Trees area was the Parks & Recreation Commission's second choice and he thanked the Commission for the prompt way they handled this.

Salva presented a transparency of Elmer Thomas Park, pointing out the proposed location as being to the south of the lake. He pointed out the Alive with Trees area, the parking lot, and the bicycle path. Salva said it is a flat area with a good view of the lake and the Alive with Trees area.

Devine asked if there was a problem with this being in Elmer Thomas Park. Salva said five of the seven suggested sites were in Elmer Thomas Park, and the next item addresses the need for a master plan. He said many entities are involved in Elmer Thomas Park, and there were proposals for continued development and cultural and performing arts on the west side, state and federal assistance with regard to lake access for the disabled, and saving an area for the prairie dogs, but this particular area here, due to its location, terrain, closeness to the lake and hillside in back of it really does not support any possibility for a development in the foreseeable future.

Williams said staff discussed during the last item that there is a need for a plan to be developed. He said Elmer Thomas Park is the largest park in the community and there are many possibilities. Williams asked for support for the plan through $10,000 from the 1995 CIP.

Purcell asked if it was appropriate to fund this from the CIP and if there were other funds that could be used. Baker said the City Attorney had assured him that this would be a legitimate use of the 1995 CIP and the only other funding source at this time would be Council Contingency, which has a balance of $180,000. Purcell said he would feel more comfortable using Council Contingency funds.

Beller said some of the facilities and services for this work may be available at the Vo Tech School, and they have the expertise to do these things before spending $10,000 on a consultant. Mayor Powell agreed and said Cameron also has expertise, and the money should remain in Lawton if possible.

Baker said the reason they are only requesting $10,000 is that staff does anticipate doing a lot of the work in conjunction with local organizations and interested parties, and by doing so, we are able to keep the cost to $10,000 for the consulting work. He said if that was not done, it would probably cost $25,000 to $30,000 for a consultant.

Ralph Carson, Revenue Services Supervisor, said Public Works brought to his attention that several boathouses were in non-compliance and letters were sent. He said he was asked to consider revoking several permits. This was done and Mrs. Bishop is present tonight in regard to her appeal in this matter. Carson said Mrs. Bishop has requested 180 days to complete the repairs and he recommended Council consider approval of reissuance of the permit with the stipulation that all of the repairs are completed and inspected in 180 days.

Smith said the agenda item states 30 days for the repairs. Carson said Mrs. Bishop had contacted Tucker and set out a time frame to do cable repairs, roofing and painting and they estimated that 180 days would be sufficient for the complete repairs. Baker said Bishop would like 30 days to take care of the cable situation, 60 days to take care of the roof and stall, and 180 days to get all the painting done and staff has no problem with that and recommended approval.

Frank Pondrom, Housing and Community Development Director, said the Dunbar School was abandoned several years ago and turned over to United Social Action, which has been trying to renovate the building for use as a neighborhood facility for education, economic development, employment, after school training, and a recent proposal to make it a safe haven in connection with the Weed and Seed grant. He said a 108 Loan was requested. This is a guaranteed loan from the federal government, and the guarantee is the pledging of Community Development Block Grant funds in the event of a default on the loan. The amount of the 108 Loan is $445,000. An Economic Development Initiative grant was submitted for $750,000 and that has not been approved; we continue to pursue it but it does not appear it will ever be approved. On December 11, information was received that the Section 108 loan has been approved. On January 12, Council authorized the Mayor to sign the funding approval agreement and it was sent back to HUD.

Pondrom said the funding was approved, but it was conditionally approved and the critical condition was HUD gave the City until December 1, 1999, to prepare all the documents. Several weeks ago it was apparent that the deadline would not be met so he requested an extension until January for the Section 108 Loan for the Dunbar Project. Documents were received on Monday from HUD and they were submitted to the City Attorney's Office for review, and the documents are very voluminous.

Purcell asked how much money the City must guarantee using CDBG funds. Pondrom said $445,000. Purcell asked if we must put it in escrow. Vincent said it is one and a half times the loan amount according to the documents just received. Pondrom said Ms. Jackson will review that.

Hedy Jackson, Assistant City Attorney, said under this program, the City of Lawton is borrowing money and will issue notes that will be issued through HUD and purchased by private financial companies, and those notes will have a specific financing charge, interim financing charge, and other charges involved besides just the amount of the loan. The City will be liable for such things as the interest rate, the financing fees and other fees which are figured on basis points.

Jackson said she was initially concerned with Article 10, Section 26 where a contract would be for multiple years and cause an indebtedness on the City in the future. She said she has been told that Tulsa and Oklahoma City participate in these programs, and learned that trusts are not restricted by Article 10, Section 26 as far as debt limitations. Oklahoma City has put the money in an escrow account and deposited whatever a financial advisor determines is the amount necessary to cover all of the payments. Oklahoma City has also stated that this is strictly a pass-through situation on the funds and has made sure the contract only obligates future CDBG funds and not City funds.

Jackson said the Code of Federal Regulation states that ordinarily community centers are not allowed to be funded by guaranteed 108 Loans; it is permitted if they are used for economic development but only for the portion that is going to specifically be used for economic development. She said the legal review of the documents provided by HUD will require a considerable amount of research.

Warren said this was originally a $1.2 million project, which we are now trying to fund with $445,000. He said we cannot say the entire amount will be for economic development and that he did not know how we can do this. Warren said even if we could do it, over half a million in CDBG funds would be tied up until the note is paid off. Jackson said Oklahoma City specifically states they will be liable only for future CDBG funds and not any City funds.

Vincent said they requested the draft documents from HUD and they were received yesterday, and the stack of documents is approximately two inches thick. He said many of these draft documents are different from those received last October. Vincent said in October they asked for a commitment from HUD that they would not go against any future City money if CDBG money was reduced or not provided and from their brief review of over 700 pages, that commitment from HUD is not included, so we are back to square one in document review. Warren suggested it be tabled until Legal can review the documents, and get a financial opinion as to whether this is even a good idea.

Purcell said Council was originally told they could get the loan for $730,000 and asked if that is not going to be approved. Haywood said the EDI grant was for $730,000 but that grant did not go out with the 108 Loan and that was one of the problems; if it had gone out when the 108 Loan was approved in December, they probably would have gotten that grant but it went out separate. Haywood said Council also needed to know if the request to extend the deadline past December 1 would be approved. Pondrom said the Oklahoma City HUD Office has forwarded it to Washington.

Haywood said a lot of parties had done a lot of work on this project. He said information was received a year ago and nothing has been done to this point, and that he was not blaming anyone, but Tulsa and Oklahoma City do this so Lawton should be able to. Haywood said if we are back to the beginning, something is wrong.

Jackson said she was not saying we could not find a way but was saying we have to be sure there are absolutely no City funds involved and that the City is not liable. She said if they can come back against the City in future years, we cannot sign the contract because of the Constitution. Jackson said we have to make it clear in the contract that they can only have the CDBG funds and nothing else. She said she talked to Oklahoma City officials today and the analysis as to whether or not it is a viable project is done at the beginning, and Oklahoma City indicates you should have underwriting criteria and they establish how much money the entity that will borrow it must have and how much security and how many jobs, and they must meet certain criteria before they pass through on it.

Haywood said they asked USA about letters of intent and that was changed; then they asked them for additional security and it was appraised for $260,000. Jackson said it is appraised for $260,000 after the repairs are done. Haywood said that was what he saw later but was also given information about the value of the land so some figures are not correct somewhere. Jackson said the only appraisal she had was the one she received from Mr. Pondrom which was done in August and that appraisal said if the school was repaired, it would be worth $260,000 and it did not say it is worth that now. Jackson said the appraisal also had a disclaimer stating it had not been done according to specific guidelines. Haywood said land like that could be worth $110,000.

Smith said one of his concerns was that the appraisal stated it would be worth $260,000 repaired but they wanted $445,000, and the original amount was well over a million, to do this work. He said that was a concern to him.

Purcell asked if we do or do not have the grant for $730,000. He said it was over $1 million to do it initially and he could not support taking out a loan the City may be liable for if all we can get is $445,000. Purcell asked if we had the $730,000 grant. Vincent said the information they have right now is the grant has not been approved. Purcell suggested it be tabled until the grant is approved.

Beller said the information shows the loan was approved December 11, and then informal communications indicated the grant would not be approved. He asked if anything had been received in writing stating the grant would not be approved. Baker said we received in writing that the $445,000 loan had been approved but the indication from HUD is that the $730,000 grant is not going to be approved. Pondrom said they had tried to get an answer and Baker had sent a letter asking them to state whether it was going to be approved or denied and that has not been received and HUD appears reluctant to do that. Pondrom said there has been correspondence between the federal office and the Oklahoma City office that indicates that there is not a very good likelihood that it will ever be approved. Pondrom said on the loan approval it did mention that you could apply for an EDI but you could not couple it with the existing 108 loan, you would have to give up the 108 loan that had been approved if you wanted to apply for an EDI or a 108 loan together for the $1.2 million that was needed and basically start over.

Haywood asked if the grant and loan requests were sent together and Pondrom said yes. Haywood said he understood from Oklahoma City officials that when the two are submitted together, both are usually approved. Pondrom said we did not get the EDI grant and will not likely get one.

Beller asked Pondrom what he recommended at this time as far as Council action. Pondrom said it would be appropriate for the City Attorney's office to review the documents because even if we have to start all over, the information they gather from that review will be critical.

MOVED by Beller, SECOND by Haywood, to table it for the City Attorney to review the information and bring back a recommendation or something to the Council. AYE: Purcell, Beller, Haywood, Warren, Smith, Williams, Devine. NAY: None. MOTION CARRIED.

Baker said Felton Dean put a new business in on Cache Road over a year ago, and he was given a temporary certificate of occupancy and there has been a lingering question about fire protection and the water line. He said this is an issue that the City and Mr. Dean want to get resolved. Baker said the City Code provides that the City can install a water line under certain conditions and the cost of installation of that water line would be paid back by pro rata share by individuals and property owners who tap into that line. He said Mr. Dean has requested that the City install the line.

Bob Bigham, City Planner, said staff did not have time to prepare the estimated construction cost or resolution for the Council to consider tonight, so the staff recommendation is to approve this in concept, if Council so desires, and at the next meeting, a resolution would be returned for Council consideration.

Purcell said it seemed this had come up before but the way it worked was the person paid for the water line and then later on, as people added on to it, they were required to reimburse the individual who paid for the water line. He asked if that had taken place before. Vincent said yes. Purcell said it did not appear to be what was requested here. Vincent said no. Vincent said there are three ways to build water lines; the developer does it himself at his cost; the private pay back system which Purcell just described; and this method where the City constructs it and it would be a City pay back line. Vincent said all three of these options were explored over many months with Mr. Dean and his attorney and this was the one Dean requested. Purcell asked if Council could consider that Mr. Dean pay for the line and then he recoups that directly from the new people who want to tie onto the line in the future and completely leave the City out. Vincent said that is a possibility.

Warren said Council does not have the ability to say yes or no on the item tonight and suggested Council direct staff to prepare a resolution to bring it back so the costs can be known and then Council decide. Smith said an actual engineer's estimate from Mr. Ihler is needed; 550 feet for $9,900 is not normal.

Baker said Ihler was able to get some costs and has not been able to share those figures with Mr. Dean yet, but the costs are different from those stated in Mr. Dean's letter. Baker said we are talking about a ten inch line, as opposed to an eight inch, and an eight inch line can only run 600 feet to meet the Code as far as fire protection, so the line needs to be ten inch because it would be extended to the north.

Jerry Ihler, Public Works/Engineering Director, said he was able to share the information just before the meeting with Mr. Dean. He said if the work was done in-house, the labor and equipment cost estimate was $9,500, and approximately $10,500 for materials, so it is about a $20,000 cost if the City does the work. Ihler said the City has a contractor doing a project in another area of town and he was asked to look at this and provide a brief estimate in a short time frame as a possibility of doing the project through a change order to the existing contract, and in a two day period, the contractor provided a verbal commitment of somewhere in the neighborhood of $26,000.

Mayor Powell asked if we had time to do it in-house. Ihler said not really and it would be his preference to either contract it out or if the developer could do it and the City reimburse him, he would rather see that done.

Beller asked if the City has to go through the bid process to contract this out. Ihler said if the City is going to be involved, he would suggest a change order be done to an existing contract and use the quantities for unit prices; another option would be to bid it out but then specifications would be required and it would be a more lengthy time frame. Ihler said if the City does it in-house, they would use the plans that have been prepared.

Beller asked if we can let the individual do the project and the City reimburse him. Vincent said he would have to look that up; Section 226 is quoted in the agenda and he would have to look it up. Beller said he would prefer that Dean do the construction of the line, especially if he can do it for $9,000. Vincent said the price of $18 per foot was a rough estimate. Ashton said probably about as rough as $26,000. Warren said both numbers could move a little bit one way or another but it would always be cheaper for a citizen to have something done than the City.

Devine asked if Dean wanted to pay 29% of the cost. Felton Dean said that is exactly right; if the City installs that line, then he would be using approximately 160 feet of the line, which would be 29%. Devine asked why it would not be cheaper to let Mr. Dean do it and the City pay 71% of it. Dean said the City has all of the right of ways, and that he had a ballpark estimate from Mr. Burk and they were not talking about a ten inch line, which is being talked about now, and the ten inch line is more expensive and cost of materials has gone up also, which is one of the reasons for the big increase in the number. Vincent said the easement from PSO is peculiar to the City and if Mr. Dean was to contract, he would not be able to use that easement. Dean said there is another easement also. Vincent said he did not know about the private easement Dean was working on with PSO. Dean said he was not talking about that one, but there is another business to the north of PSO and he would have to try to get easements from everybody along that line but the City already has the easements.

Purcell said he did not have any problem with it but thought it would be opening a Pandora's Box because two other people tried to get this kind of thing done and we told them we could not do it, so we will probably see more people wanting us to do the same thing, and he did not know the percentages of costs, but they would want the City to put in water lines and pay whatever their footage is, so that should be kept in mind. Smith agreed and said he was in on one of the conversations. Smith said he felt the City was obligated to do this for people who live in the City limits. Purcell said he felt there would be more requests and that it would become fairly expensive.

7. Consider the following damage claim 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: Clois Barney and Lynelle Brown, Casey A. and Carla M. Howard, and Southwestern Bell Telephone. Exhibits: Legal Opinions/Recommendations. (Resolution No. 99-139; Resolution No. 99-140 on file in City Clerk's Office) Howard claim: $190.30.

A resolution authorizing and directing the City Attorney to assist Clois and Lynelle Brown 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 Seven Hundred Fifty-Five and 23/100 Dollars ($755.23).

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 amount of One Thousand Fifty-Eight and 43/100 Dollars ($1,058.43).

9. Consider an amendment to a contract between the City of Lawton (Lender) and Carl Moore (Borrower) of 514 NE Carver Street, allowing the homeowner to refinance the home and use earned equity to make needed repairs to the detached garage roof. Exhibits: Letter of Request; Mortgage Amendment. Action: This item was stricken from the agenda as shown in the motion below.

10. Consider adopting an amendment to the agreement entitled "Youth With Purpose" between the City of Lawton and ZOE Christian Center, Inc. This amendment would allow ZOE Christian Center, Inc. to provide outreach to youth ages 15 to 24, operating the program throughout the fiscal year and increasing the funding from $20,000 to $48,000. Exhibits: Proposed Amendment #1; ZOE Need Project Budget. Action: Approve Amendment #1 to the agreement between the City of Lawton and ZOE Christian Center, Inc. to operate the "Youth With Purpose" project.

12. Consider approving the construction plat for Kingsbriar Addition, Part 4. Exhibits: Map. Action: Approve the construction plat for Kingsbriar Addition, Part 4, subject to the conditions listed above. Background: This proposed subdivision is located ¼ mile east of NE Flower Mound Road and ½ mile north of NE Cache Road and consists of 68 lots on approximately 18 acres. The zoning of the plat is R-1 (Single-Family Dwelling District). The developer is Keegan Ledford, and the consulting engineer is Tomlinson and Associates. The construction plat was submitted 8/30/99. The LMAPC acknowledged receipt of the plat on 9/8/99 and granted a 31-day extension of time for the review period on 10/27. The LMAPC approved the construction plat subject to the following conditions on 11/10/99: 1) Revision of minor construction notes as indicated on the Drainage Structure Detail Sheet; 2) Approval of water and sewer lines by the Oklahoma Department of Environmental Quality.

13. Consider approving the construction plat for MacArthur Park Addition, Part 7. Exhibits: Map. Action: Approve the construction plat for MacArthur Park Addition, Part 7, subject to the conditions listed above. Background: MacArthur Park Addition, Part 7, is located approximately ¼ mile north of East Gore Boulevard, ½ mile east of NE 45th Street. This construction plat consists of 23 lots on 7.03 acres. The zoning of the plat is R-1 (Single-Family Dwelling District). The developer is John Jones, and the consulting engineer is Landmark Engineering. The construction plat was submitted for review on 8/12/99. The LMAPC acknowledged receipt on 8/25/99 and on 10/13 granted a 30-day extension of time for the review period. The LMAPC approved the construction plat subject to the following conditions on 11/10/99: 1) Approval of water and sewer lines by the Oklahoma Department of Environmental Quality; 2) Verification of the ownership of Block 5, MacArthur Park Addition, Part 5A, on which a portion of the concrete drainage flume is to be constructed.

15. Consider awarding a construction contract to S Construction for the Chisolm Drainage Channel Improvement Project #99-22. Exhibits: Location Map; Bid Tab; Letter dated 11/12/99. Action: Approve contract in the amount of $34,995.00.

16. Consider accepting the Water Treatment Plant & Lake Ellsworth Gate House Reroofing Project 99-6 as constructed by Ford Roofing and Sheet Metal Company and placing the Maintenance Bond into effect. Exhibits: None. Action: Accept the project and place the maintenance bond into effect.

18. Consider entering into contracts with Mr. Mark S. Glenn and with Mr. Effard M. Holley for fire protection outside the Lawton City Limits, and authorize the Mayor and City Clerk to execute the contracts. Exhibits: None. (Contracts on file in the City Clerk's Office) Action: Approval.

19. Consider approving a sixty-day extension of the renewed agreement between the State of Oklahoma Office of Juvenile Affairs and the City of Lawton for the continued operation and management of a Community Intervention Center in Lawton, and authorize execution of the extension. Exhibits: Extension of Renewal of Contract No. M081660. Action: Approval.

21. Consider approving the following contract extensions: A) Jail Beverage Products with Farmer Brothers Company; B) Dump Truck Hauling with Lawton Transit Mix, Inc.; C) Copper and Brass with Water Products of Oklahoma, Inc.; D) Polyethylene Pipe with Cooper Wholesale, Inc. Action: Approval of contract extensions.

MOVED by Smith, SECOND by Purcell, to approve an agreement to lease space on the City water towers between City of Lawton and Choice Wireless. AYE: Haywood, Warren, Smith, Williams, Devine, Purcell, Beller. NAY: None. MOTION CARRIED.

Williams said the citizens who live on this street had been waiting patiently for five years for this to street to be reconstructed. He expressed appreciation to Public Works for the reconstruction and to Legal for trying to acquire right of way.

Baker said a special meeting is needed for CH2M Hill to brief the Council on the City's gate operation policy. He said the Council formed a new Planning Commission and nominations are needed from each ward for membership. Baker asked that names be turned in to the Clerk so the appointments can be made at the December 14 Council meeting.

25. Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss negotiations for an Employment Agreement for FY 1999-2000 between IUPA, Local 24, and the City of Lawton, and take appropriate action in open session. Exhibits: None.

26. Pursuant to Title 25, Oklahoma Statutes, ss 307(B)(4), consider convening in executive session for purposes of conferring with the City Attorney regarding a pending claim or action resulting from the reconsideration of the award of the arbitrator in FMCS Case No. 99-0628-13269-8 between the IAFF, Local 1882, and the City of Lawton and other related matters; take appropriate action as necessary in open session. Exhibits: None.

Vincent reported on Item 24 regarding City vs. Gartner Family Trust, which is a right of way acquisition. He requested authority to settle this case in the amount of $55,600, which includes the $30,600 that has already been deposited for this purpose.

Vincent reported the Mayor and Council went into executive session on Item 26 as shown on the agenda to discuss the situation involving the fire negotiations in FMCS Case No. 99-0628-13269-8. He said it was the recommendation of the City Attorney's office to continue the employment of Mr. Puckett as a representative of the City and authorize the Mayor and City Clerk to execute the revised agreement.

MOVED by Warren, SECOND by Purcell, to continue the employment of Mr. Puckett as a representative of the City and authorize the Mayor and City Clerk to execute the revised agreement. AYE: Purcell, Beller, Haywood, Warren, Smith, Williams, Devine. NAY: None. MOTION CARRIED.