Month 1999-12 December


Meeting of 1999-12-14 Regular Meeting

MINUTES
REGULAR MEETING
LAWTON CITY COUNCIL
DECEMBER 14, 1999 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor Cecil E. Powell,    Also Present:
Presiding        Bill Baker, City Manager
        John Vincent, City Attorney
        Brenda Smith, City Clerk

The meeting was called to order at 6:25 p.m. by Mayor Powell. Notice of meeting and agenda were posted on the City Hall notice board as required by State Law.

ROLL CALL
PRESENT:    G. Wayne Smith, Ward One
        Richard Williams, Ward Two
        Glenn Devine, Ward Three
        John Purcell, Ward Four
        Robert Shanklin, Ward Five
        Charles Beller, Ward Six
        Stanley Haywood, Ward Seven
        Randy Warren, Ward Eight

ABSENT:    None.

AUDIENCE PARTICIPATION: None.

BUSINESS ITEMS:

1.    Consider a resolution establishing a pro rata distribution fee for future connections to a water main extension by the City of Lawton on the north side of NW Cache Road at approximately NW 53rd Street. Exhibits: Proposal 1; Proposal 2; Proposal 3; Estimated Construction Cost; Resolution No. 99-148.

Bob Bigham, City Planner, said at the November 23 meeting the Council heard the request of Felton Dean, and since that time, the Public Works Director has provided two additional alternatives to provide domestic and fire protection water to the site. The original proposal was for a 10" line from the west at Briarwood and estimated cost was $27,400 through a change order to an existing contract. The second proposal was for a 10" line from the east at 52nd Street at the same estimated cost as the original proposal. The third proposal is for an 8" bore under Cache Road to the north side and 120' of 8" line running back to the east at an approximate cost of $12,900. Staff recommendation is for approval of proposal three and it will satisfy Mr. Dean's needs for fire protection and domestic use. Bigham said staff recommendation is to use the Council Contingency fund for this project. He said staff  met with Mr. Dean and his attorney, Mark Ashton, who are present and are agreeable to this proposal. Bigham said Mr. Dean will fund 50% of the estimated cost, or the actual construction cost, whichever is less.

Shanklin asked why it took so long to get this item before Council and if it had been a year since this started. He said it was embarrassing that we had not come to a solution some time ago.

Purcell asked if there was a policy in the past where we did something like this, but instead of the City funding it, the person who wanted to do it paid for it and then the City reimbursed them. He asked if that was inside the City or outside and how that worked. Bigham said there is a provision for developers to install water lines and be reimbursed from future connections but it really does not fit this situation since it deals with a grid main or approach main to a development.

Purcell asked when someone wants to do something similar to this in the future, will the City put in the line, share the cost on a pro rata basis and fund the difference until other people tie onto the line. Bigham said it would be handled on a case by case basis under this section because it is at the Council's discretion to have a water line project for future connections to pay their appropriate share. Purcell said he understood that but asked if that would be staff's general recommendation to do this in the future. Purcell said there are others waiting to do this and he wanted to be sure Council would not do it for one and say no to the next one and say yes to the following one. Shanklin said he hoped there would be better progress on future requests. Purcell said he realized Council would be the final authority but would like staff to be consistent.

Baker said we will make sure people are aware of this option, and if they meet the criteria, we will explain the option to them and then bring it to Council.

MOVED by Devine, SECOND by Smith, to approve Resolution No. 99-148 with proposal three and use Council Contingency funds.

Mayor Powell asked if Mr. Dean or Mr. Ashton would like to make a statement. Mr. Ashton said they agreed to the proposal.

VOTE ON MOTION: AYE: Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

(Title only)   Resolution No. 99-148
A resolution establishing a pro rata distribution fee for future connections to a water main extension constructed by the City of Lawton on the North side of NW Cache Road at approximately NW 53rd Street.

2.    Consider adopting resolutions requesting the Oklahoma Department of Transportation (ODOT) to include the NW 38th Street Project, the Flower Mound Road Project, and the West Gore Boulevard Project in ODOT's Five-Year Construction Program and provide a local share commitment from the City of Lawton for the projects. Exhibits: Resolution No. 99-149 (NW 38th Street); Resolution No. 99-150 (Flower Mound Road); Resolution No. 99-151 (West Gore Boulevard); Summary of Projects with Estimated Costs.
MOVED by Smith, SECOND by Haywood, to approve Resolution Nos. 99-149, 99-150 and 99-151. AYE: Warren, Smith, Williams, Devine, Purcell, Shanklin, Beller, Haywood. NAY: None. MOTION CARRIED.

(Title only)  Resolution No. 99-149
A resolution requesting the Oklahoma Department of Transportation to include NW 38th Street between Cache Road and US 62 in Oklahoma Department of Transportation's Five-Year Construction Program and a commitment of local source funding from the City of Lawton.

(Title only)  Resolution No. 99-150
A resolution requesting the Oklahoma Department of Transportation to include NE Flower Mound Road from Rogers Lane to East Gore Boulevard in Oklahoma Department of Transportation's Five-Year Construction Program and a commitment of local source funding from the City of Lawton.

(Title only)  Resolution No. 99-151
A resolution requesting the Oklahoma Department of Transportation to include West Gore Boulevard between 67th Street and 82nd Street in Oklahoma Department of Transportation's Five-Year Construction Program and a commitment of local source funding from the City of Lawton.

3.    Consider approving amendment to the lease agreement between the City of Lawton and Comanche County to extend the City's lease in the area of 17th and G for the purpose of guaranteeing use of this area as a City maintained softball/baseball complex. Exhibits: Draft of proposed agreement.

Gary Salva, Parks & Recreation Director, said Ahlschlager Field at 17th and G on County property has been used by the City's recreation program for a number of years. The most recent lease agreement began in 1992. He asked that a lease extension be initiated as the current lease expires in 2002. Salva said crews did work on the fields during the past winter and that the fields have had diminished use for the past two years due to storm damage. He said they would like to continue to do improvements in-house and the fields will continue to be a valuable part of the City's youth baseball/softball services.

Mayor Powell said he felt this needed to be done and that the crews had made some very good improvements to the fields and facilities.

Williams asked if the lights would be put back up or if the fields would be for use during the day time only. Baker said he and Salva had discussed the lighting, and some may be done at very little cost. Baker said the lights were destroyed during a storm and an insurance settlement was received, although it was budgeted as part of the general fund lapse. He said when construction begins for Central Junior High, we will lose the use of the Kiwanis baseball fields so the 17th and G location will be critical to the baseball and softball programs, which is the reason for the request for the longer term lease, as well as being able to put time and money into the fields.

Haywood said if the jail is not put at 203 SW Bishop or at the downtown location, it could be put at 17th and G, which would still be in Ward 7. He asked the attorney if the lease can be canceled if that should happen. Vincent said the master lease contains a cancellation clause.

MOVED by Haywood, SECOND by Devine, for approval of the amendment to the lease agreement. AYE: Smith, Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. MOTION CARRIED.

4.    Consider endorsing the Census 2000 Plan for promoting the Census 2000. Exhibits: Census 2000 Plan; List of Key Dates.

Bigham said Council adopted Resolution No. 98-189 establishing the Census 2000 Committee to motivate citizens to fill out and turn in the census forms in April. He said 21 people served on the committee and devoted a lot of time to developing a plan to try to motivate people to fill out the census forms. Bigham said April 1 will be considered Census Day and the forms will be mailed out in March; April 1 will be the target date for everyone to mail them back.

MOVED by Williams, SECOND by Haywood, to endorse the Census 2000 Plan. AYE: Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

Mayor Powell thanked Bigham and the Census Committee for their hard work. Shanklin asked how this census would be different from the one conducted ten years ago. Bigham said there will not be a vast difference; the prime effort will be on the mail-out census forms to every resident in the City. Bigham said they will follow up with census workers contacting those who have not filled out the forms, meaning they will have to go door to door. He said the biggest difference has been in the coordination with the Department of Census and the pre-programs that have been done prior to the census starting; numerous hours have been spent on addresses, new construction and shelters, and getting that correct information to the Census Department. Bigham said the initial address list left out 3,500 addresses, so information was sent to them, they sent it back and we have found 1,700 addresses left out, so a lot of time has been spent working with them and this was not done in 1990. Mayor Powell said in 1990, 33% of the population in the Lawton-Fort Sill community was not counted according to the statistics, and that relates to the representation issue. Shanklin said we know how many houses there are, so they should be able to use a multiplier factor and come real close on the population count.

CONSENT AGENDA:

ITEM 5 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

6.    Consider a resolution authorizing the installation of traffic control devices at specified locations. Exhibits: Resolution No. 99-152; Excerpt from 11/18/99 draft Traffic Commission Minutes.

(Title only)  Resolution No. 99-152
A resolution authorizing the installation and/or removal of traffic control devices at certain designated locations within the City of Lawton, Oklahoma.  Designated locations: 1) To install "No Truck Traffic" on Flowermound Road from Lee Blvd. to Rogers Lane then continuing west on Rogers Lane to I-44; 2) To install "School Zone 20 mph" and "School Zone Ends" signs at the intersection of NW 16th and Smith Avenue.

ITEM 7 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

8.    Consider acknowledging receipt of permit for the construction of a waterline and appurtenances from the Oklahoma State Department of Environmental Quality to serve the Flower Mound Road Waterline (Lee/Bishop) Project #99-39, City of Lawton, Comanche County, Oklahoma. Exhibits: Location Map.  Action: Approval of item. Permit #WL000016991138 is for construction of 5,630 linear feet of six-inch PVC water line and appurtenances.

9.    Consider approving plans and specifications for the Belmont and New York Avenues Street Improvement Project #2000-4 and authorizing staff to advertise for bids. Exhibits: Location Map. Action: Approval of item.

10.    Consider approving and authorizing execution of a contract with Duke Brock, Inc. dba: ACE Cash Express for collection of City Utility Bills. Exhibits: Proposals from Duke Brock, Inc. Action: Approval of contract.

11.    Consider approving changes to the by-laws and the fourth amendment to the trust indenture of the Lawton Arts & Humanities Council. Exhibits: None. (Amendment on file in City Clerk's Office) Action: Approve the revised by-laws and the fourth amendment to the Trust Indenture of the Lawton Arts & Humanities Council.

12.    Consider approving contract for Sandy & Yasu Osawa to present a Documentary Film Makers' Weekend as the Native American Programs offering for this fiscal year. Exhibits: None. (Contract on file in City Clerk's Office) Action: Approval of contract ($2,100).

13.    Consider approving contract for Mel Lee to conduct seminar for health care agencies. Exhibits: None. (Contract on file in City Clerk's Office) Action: Approval of contract ($250 plus mileage and lodging)

14.    Consider approving contract for the Arts for All Festival. Exhibits: None. (Contract on file in City Clerk's Office) Action: Approval of contract ($2,500)

15.    Consider approving contracts for the Cosponsorship Program. Exhibits: None. (Contracts on file in City Clerk's Office) Action: Approval of contracts with Southwest Oklahoma Opera Guild ($1,000); Lawton City Ballet ($1,000); Lawton Philharmonic Orchestra ($1,000); and Museum of the Great Plains ($1,000).

16.    Consider ratifying the action of the Lawton Water Authority to award a new concession lease for Ralph's Resort. Exhibits: See Water Authority Agenda. Action: Ratify Water Authority action to approve item to award lease to John Perry.

17.    Consider ratifying the action of the Lawton Water Authority to extend the concession lease for Robinson's Landing.  Exhibits:See Water Authority Agenda. Action: Ratify Water Authority action to approve item to extend lease at Robinson's Landing with Janice Meese until 4/1/2000.

18.    Consider ratifying the action of the Lawton Water Authority to authorize the direct procurement of professional services from the U.S. Department of Agriculture Wildlife Service (USDA) to conduct a Wildlife Hazard Assessment at and around the Lawton Municipal Landfill. Exhibits: See Water Authority Agenda. Action: Ratify Water Authority action to approve item.

19.    Ratify the action of the Lawton Water Authority to renew the grazing lease for Tract 25 at Lake Ellsworth to Cameron University. Exhibits: See Water Authority Agenda. Action: Ratify Water Authority action to approve item.

20.    Consider approving the following contract extensions: A) Work Clothing with WearGuard Corporation; B) Footwear with Woodward's Department Store, Lawton Red Wing Shoe Store, Bill's Scoreboard, Inc.; C) Sprinkler System Parts with Davis Pipe & Supply, Inc.; D) Glass Beads with Swarco-Reflex, Inc.; E) Precast Concrete Manholes with Scurlock Industries f/k/a Twin Rivers Precast; F) Manhole Rings and Covers with Pioneer Supply. Exhibits: None. Action: Approval of item.

21.    Consider awarding contract for SCBA's. Exhibits: Recommendation; Abstract. Action: Award contract to Vallen Safety Supply Company.

22.    Consider awarding contract for Skid Steer Loader. Exhibits: Recommendation; Abstract. Action: Award contract to Lawton Tractor & Lift.

23.    Consider awarding contract for Riding Lawn Mower. Exhibits: Recommendation; Abstract. Action: Award contract to Easton's, Inc.

ITEM 24 WAS CONSIDERED SEPARATELY AS SHOWN BELOW.

25.    Consider awarding contract for Fire Department Uniforms. Exhibits: Recommendation; Abstract. Action: Award contracts to CASCO Industries and to J.B. Battle Uniform Company.

26.    Consider awarding contract for 45 HP Diesel Tractor. Exhibits: Recommendation; Abstract. Action: Award contract to Lawton Tractor & Lift.

27.    Consider awarding contract for Side Dump Trailer. Exhibits: Recommendation; Abstract. Action: Award contract to Bruckner Truck Sales, Inc.

28.    Consider awarding contract for Weapons Trade. Exhibits: Recommendation; Abstract. Action: Award contract to Phillips Police Supply.

29.    Consider appointments to boards and commissions. Exhibits: Memorandum. Human Rights & Relations Commission: Carl Wright, White Rep., Term: 12/14/99-9/30/2001; Bill Mathis, City Rep., Term: 12/14/99-9/30/2001; Janis Wermy, Native American Rep., Term: 12/14/99-9/30/2000; Municipal Planning Commission: Tom Linville, Ward 4, Term: 12/14/99-12/14/2001; John Pereira, Ward 2, Term: 12/14/99-12/14/2002; Jim Ferguson, Ward 1, Term: 12/14/99-12/14/2002; Pat Henry, Ward 6, Term: 12/14/99-12/14/2000;     Lawton Metropolitan Area Airport Authority: Larry Benson, Term: 12/18/99-12/18/2002

30.    Consider approval of payroll for the period of December 13 through 26, 1999, and for the period of December 27, 1999 through January 9, 2000. Exhibits: None.

Mayor Powell asked for separate consideration of Items 5 and 24. Smith asked for separate consideration of Item 7.

MOVED by Shanklin, SECOND by Warren, for approval of the Consent Agenda items as recommended, with the exception of Items 5, 7 and 24. AYE: Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams. NAY: None. MOTION CARRIED.

5.    Consider the following damage claims recommended for denial: Roberto Romero and Darrell Woodson and Kenneth Hawkins c/o Sheridan Express Pharmacy. Exhibits: Legal Opinions/Recommendations.

Mayor Powell said with regard to the Kenneth Hawkins claim, he had looked along that street and not found another place where we required a stop sign on a private driveway and he recommended the claim be paid.

Vincent said additional information had been received today on the Roberto Romero claim and he recommended approval of the claim.

MOVED by Purcell, SECOND by Warren, to approve the Roberto Romero claim. AYE: Purcell, Shanklin, Beller, Haywood, Warren, Smith, Williams, Devine. NAY: None. MOTION CARRIED.

Beller said the claim of Darrell Woodson and Kenneth Hawkins, c/o Sheridan Express Pharmacy, is in the amount of $245. He said he honestly believed there was negligence involved in the process.

MOVED by Beller, SECOND by Purcell, to approve the claim of $245 for Woodson and Hawkins. AYE: Shanklin, Beller, Haywood, Warren, Smith, Williams, Devine, Purcell. NAY: None. MOTION CARRIED.

7.    Consider denial of requests for the installation of traffic control devices at specified locations. Exhibits: Excerpt from 11/18/99 draft Traffic Commission Minutes.

Smith said he wanted to discuss the crosswalks on NW 26th Street and Lindy. He said the Traffic Commission minutes show the engineer stating that he did not want to do this because there are no others up and down that street. Smith suggested staff look at what it would cost to put crosswalks up and down that street all the way because it is the connection to Rogers Lane and has heavy traffic, which generally does not observe the 25 mph speed limit. He said if this is a way to help them slow down and keep an eye out for children, he would like to see that be done up and down the entire street, which contains mostly T intersections.

MOVED by Smith, SECOND by Shanklin, to send this back to staff and have them bring back a cost of what it would cost us to do all the T intersections that intersect with 26th Street up to Rogers Lane north of Williams.

Warren said he had no problem doing this but the only question would be whether this would make people more attentive or less, and if we put them on every corner, people may be less attentive than they would be if we picked maybe two streets and put some crosswalks in with a lot of signage on those individual locations. Warren said if we just put white lines at each intersection, it will not be long before no one will pay attention to any of it and you will be back where you started.

Smith said he agreed with Warren's comments. Smith said he wanted staff to bring back a cost of what it would cost to do each T intersection on 26th Street north of Williams to Rogers Lane, and thought there were 5 that were T intersections.

VOTE ON MOTION: AYE: Beller, Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.

MOVED by Williams, SECOND by Smith, to deny the request for Children at Play signs in the 6500 block of Ferris as recommended by the Traffic Commission. AYE: Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

24.    Consider awarding contract for Backhoe/Loader. Exhibits: Recommendation; Abstract.

Mayor Powell said this item is for a backhoe for the Lakes. He asked what percentage of the time this backhoe would be in use. Ihler said he could not guess but it would be used to the maximum extent possible for the projects they have, to include rip rap projects where grant funding has been requested from the U.S. Fish & Wildlife for fishing improvements at Lake Ellsworth. Ihler said the backhoe requested is a four in one backhoe in that it has a blade which will allow it to push along the shore, a clam shell which will allow us to pick up the rip rap and other functions, and a bucket for laying water lines. Ihler said he could not say the number of days it would be routinely used.

Mayor Powell asked if there is another division that uses a backhoe all day, every day, that could use the new equipment and put an older one at the lakes. Ihler said Wastewater and Water use their backhoes every day, but only the Street Division has a four in one backhoe at this time. The Street Division backhoe has a hydraulic system in the back for breaking pavement so it would not be a good idea to move it from the Street Division. The Landfill has a backhoe with similar functions but it has a telescopic extender that allows it to dig deeper than would be needed at the lake. Ihler said we should be buying four in one backhoes in the future for each division.

Beller asked if the equipment could be exchanged between divisions if it is purchased from a grant from the Wildlife Service. Ihler said the money from the grant is not being used to purchase this equipment, and funding for the backhoe is coming from the Lakes Division budget. Beller asked what the grant was for. Ihler said we have a lot of shoreline work to do and we are trying to get grants for two projects to provide rip rap to protect the shoreline. Ihler said the other reason it was in this year's budget is the backhoe it is replacing is a 1974 model with a lot of down time and parts are obsolete. Shanklin said someone stole it and no one even went to look for it.

Devine said one division has a piece of equipment with a clam shell on the front of it and suggested finding an existing piece of equipment that is still in adequate condition and buy a clam shell front bucket for it, and take the money for the new backhoe and buy a new track hoe that could be used more effectively in the easements without causing so much damage to the surrounding area. Devine suggested tabling this in order to study it further. Shanklin asked if that was a motion to table and Devine said yes. There was no second to the motion to table.

Ihler asked if it would be permissible to purchase the equipment and accept direction to transfer this one to another division, and purchase the four in one bucket and look for a different piece of equipment to put it on and transfer it to the Lakes, if that is Council direction. Ihler said the equipment is needed at the Lake but if Council desires that it be used by one of the other divisions, they certainly could use it too as soon as possible.

Shanklin said we did away with the Specifications Committee but this particular tractor does not exceed 80" in width and all the others do not meet the bid. He said he was surprised that slipped by Vincent, as much as he had talked about all the others he had seen. Shanklin asked if one bid was thrown out because it was for 80" and 3/16ths. He said we promised ourselves we would not do that and write specifications that limit the bidders.

Vincent said he recalled a trailer being involved. Ihler said the particular trailer that has been purchased to haul this backhoe is a lower trailer because of the terrain at the lakes, as well as the highway from Ellsworth to Lawtonka. Shanklin asked if it was three inches lower or five feet or what. Ihler said it is approximately six inches lower. Shanklin said he could not buy that and we wrote a spec that only one company could meet and that he did not like that, and that was the whole idea of the Specifications Committee to be sure we did not do that. Shanklin said only one company met this spec.

MOVED by Shanklin, SECOND by Beller, to table this and let Mr. Ihler study what we have out there, and I think we have 13 or 14 backhoes and I'm satisfied one or two could be used out there, and then let's see how we want to spend this money, we may want to spend it another way. AYE: Devine, Shanklin, Beller, Haywood. NAY: Warren, Smith, Williams, Purcell. TIE VOTE, MAYOR VOTED YES. MOTION CARRIED.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER.

Smith congratulated Jackie Jackson, previous Citizen of the Month, for receiving an Oklahoma Human Rights Award last week for his humanitarian work.

Devine said we seem to be having a hard time keeping up with the Boulevard of Lights. He suggested that next year we get the schools involved and see if each school could take a block to decorate and the City or Boulevard group furnish the lights for the kids to use to decorate and maintain. Devine said he felt the students should get involved and that the enthusiasm for the project seemed to be falling off. Mayor Powell said there was a lack of funding, as well as volunteers, and that Devine's suggestion was well put. Beller suggested we look at the possibility of furnishing some sort of security due to the vandalism that has taken its toll. Devine suggested the Sentinels could assist in that regard.

Baker said several members suggested there was a need for a lip on the Council table to hide the cups, cans and papers. A prototype of an addition to the table was brought out. Gary Jackson, Assistant City Manager, said there is an angle from above from the camera for the television versus people looking upwards from the audience; if the lip is too high, it will be difficult to see some of the members, and if it is too low, it will not accomplish its purpose.  Microphones could be placed on top of the lip to work effectively according to a short test. Jackson said it is difficult to see some of the members if a person were seated on the front row of the audience. Purcell said some of the members need to raise their seats but cannot do so because the table has a piece that prevents them from putting their legs under it. Smith said the City Council in Corpus Christi has a table like the one Lawton uses now. Shanklin asked how many citizens had complained about the table in the last ten years. Purcell asked if he could make a motion to give staff direction in this regard and Vincent said it is not on the agenda.

BUSINESS ITEMS:

31.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the collection action against Armando Guzman, and take appropriate action in open session. Exhibits: None.

32.    Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the cases styled City of Lawton v. IUPA, Local 24, and Damion Sean Hart, Case No. CJ-99-1081 and Damion Sean Hart v. City of Lawton, Case No. CJ-98-743, both filed in the District Court of Comanche County, and if necessary, take appropriate action in open session. Exhibits: None.

33.    Pursuant to Title 25, Oklahoma Statutes, 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.

Addendum: Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the case styled C. Steve Wilson v. The City of Lawton, a municipal corporation, and Gilbert Schumpert, Case No. CJ-99-603, filed in the District Court of Comanche County, and if necessary, take appropriate action in open session. Exhibits: None.

MOVED by Warren, SECOND by Williams, to convene in executive session to consider those items on the agenda, as recommended by the legal staff. AYE: Haywood, Warren, Smith, Williams, Devine, Purcell, Shanklin, Beller. NAY: None. MOTION CARRIED.

The Mayor and Council convened in executive session at approximately 7:05 p.m. and reconvened in regular, open session at approximately 7:40 p.m. with roll call reflecting all members present.

Vincent reported on Item 31, pursuant to Section 307B4, Title 25, Oklahoma Statutes, we entered into executive session to discuss the collection action against Armando Guzman. He recommended authorization for the City to accept a time payment schedule and to file suit if the defendant fails to make payments.

MOVED by Williams, SECOND by Smith, to authorize the City to accept a time payment schedule and to file suit if the defendant fails to make payments. AYE: Smith, Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren. NAY: None. MOTION CARRIED.

Vincent reported on Item 32, pursuant to Section 307B4, Title 25, Oklahoma Statutes, we entered into executive session to discuss the cases styled City of Lawton v. IUPA, Local 24, and Damion Sean Hart, Case No. CJ-99-1081 and Damion Sean Hart v. City of Lawton, Case No. CJ-98-743, both filed in the District Court of Comanche County. No action is required.

Vincent reported on Item 33, pursuant to Title 25, Oklahoma Statutes, 307(B)(4), we entered into executive session to discuss the FMCS Case No. 99-0628-13269-8. No action is required.

Vincent reported on Addendum Item 1, pursuant to Section 307B4, Title 25, Oklahoma Statutes, we entered into executive session to discuss the new lawsuit filed by Steve Wilson v. The City of Lawton, Case No. CJ-99-603. He recommended a motion to proceed with the defense and to represent City Manager Gil Schumpert at his request.

MOVED by Smith, SECOND by Warren, to proceed with the defense and to represent City Manager Gil Schumpert at his request, in the Steve Wilson suit. AYE: Williams, Devine, Purcell, Shanklin, Beller, Haywood, Warren, Smith. NAY: None. MOTION CARRIED.

Mayor Powell said a man on S 15th was about to have his house demolished but Council granted him time to make repairs and the house has been remodeled and looks very nice.

Mayor Powell wished everyone happy holidays.

There being no further business to consider, the meeting adjourned at 7:45 p.m. upon motion, second and roll call vote.