MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

FEBRUARY 12, 2002 - 6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor Cecil E. Powell,                Also Present:

Presiding                        Bill Baker, City Manager

                            John Vincent, City Attorney

                            Sandra Rench, Deputy City Clerk

COL Steuber, Fort Sill Liaison

The meeting was called to order at 6:30 p.m. by Mayor Powell. Notice of meeting and agenda were posted on the City Hall notice board as required by law.

ROLL CALL

PRESENT:                Randy Bass, Ward One

James Hanna Ward Two

                    Glenn Devine, Ward Three

    John Purcell, Ward Four

    Robert Shanklin, Ward Five

    Barbara Moeller, Ward Six

    Stanley Haywood, Ward Seven

ABSENT:    Michael Baxter, Ward Eight

Roy Penepacker, Chairman of the Cemetery Board, said his report is based on the 2001 calendar year. There were 84 internment's and 138 openings and closings which is down in spaces sold from the preceding year by about 50%. Funds: $60,000 came from sales of spaces and fees and $14,696 to Cemetery Care Fund and the remainder to the City's General Fund. Accomplishments: Capital Improvements - replaced the roof on the maintenance building - $5,000; installed new chain link fence around the maintenance building and the yard to provide more security for cemetery equipment - $6,500; $57,586 was spent for equipment - with the largest item being a back-hoe costing approximately $49,000.

During the past year they spoke with city agencies regarding development of the last area of undeveloped land at the rear, east end, of the cemetery and have requested assistance from the City for building streets and the surveyor's help in laying out the plats. This has gone through the City Manager and will be accomplished.

Funds: The Cemetery Care Fund is maintained by the City through money received from the sale of lots and fees. The Perpetual Care Fund is used for the perpetual care of 58 lots sold by the City from 1960 to 1989.

Penepacker said last year he had talked about their action to separate the Cemetery Care Funds that had been mixed with Perpetual Care Funds because for a period of time the money was deposited under the Perpetual Care Fund which had grown to over $600,000 and the Board members felt there were Cemetery Care funds in with that money that needed to be separated so the legal staff, Frank Jensen, assisted them with a court action and District Court approved the transfer of $321,435 to the Cemetery Care Fund. Of that amount $240,000 is in Certificates of Deposit which they will retain.

Penepacker said the wind storm last year caused considerable damage to trees in the Cemetery and throughout the City and the City staff removed limbs and damaged trees and transferred them to the Cemetery, both chapels were damaged beyond repair and siding was blown off the office building. Insurance paid for the replacement of the chapels and repairs to the office building. He said they toured the cemetery today with Jim Coe, County Extension Agent, who identified 75 trees that need to be removed and replaced through a tree planting program. The undeveloped land of the Cemetery was used for tree limbs picked up throughout the City and they received many adverse comments from citizens who felt the Cemetery is a memorial park and should not have been used for this purpose and asked the City to honor this policy in the future.

Penepacker said some of the things going on for this year and in the future are the renovation of the bell tower included in the Parks and Recreation Department strategic plan. He said they are on course to renovate the bell tower and will purchase a new chime system in hopes of having it operational by Memorial Day. They also have an interested group of citizens who are willing to raise funds for benches to place around the tower. A project is ongoing to make internment information more available to the public, particularly when the office is not open. There is a computer data base of all the internment's and they intend to print a listing of all internments to be placed in a waterproof location where it will be available at all hours to the public and it is hoped to be available this year to include signs identifying the lots and blocks throughout the cemetery.

He said as of December 31, 2001, there were 4,651 unsold spaces to include the undeveloped area. The average number of spaces sold last year was 125 and if the sales continue at that rate they would be able to continue selling spaces for 37 years and do internment's for an indefinite period thereafter. One thing that may influence the internment's and sales is that the Ft. Sill National Cemetery is now open so veterans will go to the national cemetery and in addition, a local funeral home has purchased Sunset Memorial Gardens and can push their own interest.

Mayor Powell thanked the board members for their job and said when there is a board member going off the board they provide a recommendation for someone to replace that person and appreciated that assistance. He asked if the storm limbs are still at the Cemetery. Penepacker said they have been removed and they are concerned it doesn't happen again.

Mayor Powell said with the extensive number of trees that need to be replaced asked Penepacker and the Cemetery Board members to consider a volunteer program to replace the trees because there are people in the community that love to plant trees and Carles Sowers is one of those people who will plant trees.

Shanklin asked if the tower and chimes are going to purchased from the Cemetery budget or is the City going to pay for that project. Penepacker said it will come from the Cemetery Care Fund which is part of their Capital Improvement budget and is part of the City budget.

Mayor Powell expressed his appreciation to the Board.

John Hernandez, Museum Director, said he appreciated the Council's and City Manager's support to the Museum and provided the following report. The Museum provides rooms for the community to use for meetings, special events and facility rentals for organizations and have 29 workshops by Native Americans. The educational program continues to be very successful with a lot of help from Lawton Public Schools and the elementary schools from Wichita Falls. The Museum of the Great Plains was the first museum to receive a grant from an organization in Wichita Falls that strictly gives grants to Texas. Continuing education seems to be a prime interest and they are trying to provide more community support by offering more adult programs which allows the community to visit the museum after hours to better understand what they have to offer.

The membership has doubled in the last year although the numbers are still low and they are working to improve that area. Over the past year they have increased their researchers by 20%. Within the past year they received grants for a one room school house located in west Cache, the Blue Beaver School House, which will be renovated through grants in the hope it will be completed in August to celebrate its 100-year anniversary. The Centennial exhibit based on the 100-year celebration of Lawton was extremely successful and broke records with the 3,500 visitors for one weekend

Various travelling exhibits and different interests in items are offered at the Museum for the different members of the community. They had a lottery land map which was the focus of the land lottery exhibit for the Lawton Centennial which cost $30,000 to preserve and was paid for through the procurement of grants.

Hernandez thanked the Museum Trust members and said it is the Museum's goal to be able to compete with elite Museums such as the Sam Noble Museum of Natural History in Norman, and the Cowboy Hall of Fame in Oklahoma City. The facilities represent state of the art museums and are rated as some of the best in Oklahoma and the Museum of the Great Plains has a long range plan to join this elite class.

Hernandez said a consultation grant was awarded to the Museum in 2001. Three historians with museum backgrounds and an exhibit design professional met with the exhibit team to discuss long range goals, visitor needs and new concepts for the Museum gallery. The team developed a preliminary planning study which is available upon request. The grant will be followed by a series of larger grants that will lead to the total renovation of the Museum's exhibit gallery at an estimated cost of $8.5 million and they are planning to contact different organizations to raise the funds for the renovation. The competition for museums is very extreme and when compared to the larger museums they can understand what they are up against. They have a wonderful building thanks to the McMahon Foundation but the inside, which is the heart of the museum, needs to be focused on and is where their future is. In order to be a better representative for Lawton and to get more citizens involved in the Museum, it is their goal to find funding toward this purpose.

Hernandez said they have a wonderful Board and staff, he has been at the Museum for 19 years and has seen a lot of changes, both good and bad and there are a lot of staff members who have been there for a long time. With the help of the Council and the citizens of Lawton they can make their Museum one of the best and be able to compete with the state of the art museums. The City of Lawton continues to be the major source of income for the museum which is primarily used for the employees and the operating budget. The funding for special programs, exhibits and renovations of the building come from outside the City, they want to do their fair share and it is important for them to spend the money wisely. They have had to cut their staff by six, are operating with people that have been at the museum for ten or plus years and are doing double duty to get the work done. They take it one day at a time and want to become one of the best museums in Oklahoma.

Powell said they appreciated the work Hernandez and the employees have done at the Museum.

Hernandez invited the Council members to visit the Museum and said he would be glad to give them a tour at any time.

Shanklin said Hernandez went up through the ranks to become the director and it is commendable.

Gary Secor, Chairman, Comanche County Veterans Council, provided a resolution and membership roster of the Veterans Council and asked for their support of the economic development of Southwest Oklahoma. He said they want to keep their children and grandchildren in Comanche County and the City, they have higher education now, great activities and need great jobs for their children to stay here. Secor read a resolution for economic development whereby the Comanche County Veterans Council urged all veterans and citizens of the community to vote yes for the sales tax proposal supporting the Goodyear expansion/modernization, and the Crusader project. Secor asked the Council to support the sales tax that would help Comanche County and Lawton.

Mayor Powell expressed his appreciation to Secor and those present in their support to bring this message forward.

Secor said the Oklahoma Department of Veterans Affairs is going to open a Veterans Home on Flower Mound and Gore Boulevard in 2003 but right now the Governor is requesting the ODVA's budget be cut which will hurt the operation of this home for the first three months. He said there will be 200 beds and if they open the home with the proposed budget they will not be able to fill the home immediately, it will take up to a year. He said February 21 is Veteran's Awareness Day at the State Capital at 8:00 a.m. and asked the Council to participate in the Awareness Day because the Veteran's will be fighting to increase the ODVA's budget so they will be able to fully open the home in May and to repair other homes that are in desperate need of repair.

1.    Consider the following damage claims recommended for approval and consider passage of any resolutions authorizing the City Attorney to file a friendly suit for claims which are over $400.00:  Geneva Lynch, Jerry W. and Wendy Harper, David and Kimberly Little, William H. and Linda K. Bailey, Clifford and Suzanne Cherry, Rick and Tammy Rollins, and Brandon Arnold. Exhibits: Legal Opinions/Recommendations; Six resolutions. Harper - $285.00.

(Title)        Resolution No. 02- 16

A resolution authorizing and directing the City Attorney to assist Geneva Lynch 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 Hundred Fifty Dollars and 00/100 ($450.00).

(Title)        Resolution No. 02- 17

A resolution authorizing and directing the City Attorney to assist David and Kimberly Little 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 Two Thousand Six Hundred Thirteen Dollars and 00/100 ($2,613.00).

(Title)        Resolution No. 02- 18

A resolution authorizing and directing the City Attorney to assist William H. and Linda K. Bailey 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 Thousand Five Hundred Eighteen Dollars and 11/100 ($4,518.11).

(Title)        Resolution No. 02- 19

A resolution authorizing and directing the City Attorney to assist Clifford and Suzanne Cherry 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 Three Thousand Eight Hundred Four Dollars and 05/100 ($3,804.05).

(Title)        Resolution No. 02- 20

A resolution authorizing and directing the City Attorney to assist Rick and Tammy Rollins in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the reduced amount of One Thousand Four Hundred Seventy Nine Dollars and 50/100 ($1,479.50).

(Title)        Resolution No. 02- 21

A resolution authorizing and directing the City Attorney to assist Brandon A. Arnold and Debbie J. Southern 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 Twelve Thousand Dollars and 00/100 ($12,000.00).

2.    Consider the following damage claims recommended for denial: Southwestern Bell Telephone (three claims), and Eunice and S.W. Hobson. Exhibits: Legal Opinions/Recommendations.  Action: Denial of claims.

3.    Consider authorizing the Mayor and City Clerk to execute the Annual Certification of Army Material Status for the M101A1 Howitzer provided by the United States Army to the City of Lawton for display. Exhibits: Annual Certification. Action: Approval.

4.    Consider adopting a resolution approving modifications and revisions to the City's existing pay plan, modifying the personnel schedule of the FY01-02 budget, and declaring an effective date. Exhibits: Resolution No. 02-____; Letter.

Moeller said they have had a step increase of another position and a raise and this is another step increase and she was concerned there wouldn't be any funding for this in the budget and would rather see this tabled until the next budget comes in to see if there are funds available to fund this.

Vincent said the position is vacant and they need to fill the position because it supports the CIP projects and is funded from the CIP program. Moeller asked if it is funded through the CIP for this year and next year and for how long. Vincent said it would be until they fund it some other way.

Hanna asked how many positions he has now. Vincent said he has three legal secretaries, a part time clerk and this vacant position.

Moeller said she has heard from $4 to $10 million relating to the budget and was worried about what kind of bind they will get into if they continue to do step increases and raises.

5.    Consider authorizing sublease agreement between Mike Mahoney and Litehouse LLC for Robinson's Landing Store. Exhibits: Existing Agreement; Signature page for sub-lease. Action: Approval.

6.    Consider approving a resolution authorizing the installation of traffic control devices on the 300 block of SW 6th Street. Exhibits: Resolution No. 02- 22.

(Title)        Resolution No. 02- 22

A resolution authorizing the installation and/or removal of traffic control devices at certain designated locations within the City of Lawton, Oklahoma.  (Install a midblock crosswalk on the 300 block of SW 6th Street)

7.    Consider approving a resolution authorizing the installation of traffic control devices on NW 31 ^st, NE 48^th, Eisenhower School Zone, Lawton High School Zone, MacArthur High School Zone, Central Junior High School Zone and at Quanah Parker Trailway at 67^th. Exhibits: Resolution No. 02- 23.

Bass referenced Item 4, Quanah Parker Trailway and NW 67 ^th Street and asked if they have any plans with Wal-Mart for exits. Powell said yes, Baker and Bigham met and there are plans. Bass asked if they need the raised pavement markers right now.

(Title)        Resolution No. 02- 23

A resolution authorizing the installation and/or removal of traffic control devices at certain designated locations within the City of Lawton, Oklahoma. (1. Install "No Parking" signs on the west side of NW 31st from gore to the north side of the hospital property; 2. Install "No Parking" signs on the west side of NE 48th between Euclid and the dead end; 3. Alter the reduced speed school zone morning start times for Eisenhower, Lawton High and MacArthur schools from 7:30 a.m. to 7:15 a.m., the morning start time for Central Junior High from 8:00 a.m. to 7:45 a.m. and the Central Junior High afternoon start time from 3:00 p.m. to 2:45 p.m.).

8.    Consider denying request for the installation of traffic control devices on NW Smith from Ft. Sill Blvd. and Sheridan and at the intersection of SW 19 ^th and Douglas. Exhibits: None. Action: Denial of requests.

9.    Consider adopting a street light resolution to authorize the installation and removal of street lights at the 400 block of SW "B" Avenue and 5211 NW Liberty. Exhibits: Street Light Res. 419. Action: Approval.

10.    Consider approving plans and specifications for the SW Wendy Drive Reconstruction Project #2001-27 and authorizing staff to advertise for bids. Exhibits: None. Action: Approval.

11.    Consider approving Change Order No. 2 for the Medicine Park Water Treatment Plant Expansion Project with Van Horn Construction, Inc., reducing the total contract amount by $157,305.00. Exhibits: Summary. Action: Approve Change Order #2 for a deduct in the amount of $157,305 and zero additional contract days for the Medicine Park Water Treatment Plan Expansion Project with Van Horn Construction, Inc.

12.    Accept the withdrawal of the request to close a portion of the alley adjacent to 1208 NW Sheridan Road. Exhibits: Letter of Withdrawal. Action: Accept the withdrawal of the request.

13.    Consider approving the Third Amendment to the Lease Agreement between the City of Lawton and the Lawton Metropolitan Area Airport Authority, and authorize the Mayor and City Clerk to execute the document. Exhibits: Third Amendment to Lease Agreement.

Purcell asked for an explanation because it looks like they are changing the lease from 50 years to 80 years.

Chuck Wade, attorney for the Airport Authority, said amendment to the lease agreement involve four sections, the first one adds property on 11 ^th Street that has been part of the Airport but was not part of the legal description in the original lease which Mr. Atkinson discovered so it is being added to the lease as they have had control of that property all along. He said they have had several inquiries regarding potential industrial and/or commercial development on airport property and they only have 17 years left under the current lease so they can't negotiate a long term lease with that length of time remaining on their lease. He said this reverts back to January 1, 1970 when the lease originated and they are asking for 30 additional years extending it to 2049 as opposed to its current expiration date of 2019. The other two amendments are housekeeping amendments, Article 4, Section 1 of the existing lease dealt with a provision that said the lease terminated when the bonds were paid off for the airport and those were paid off a long time ago. He said they have simply ignored the provision and this a routine housekeeping provision.

Bass asked what indebtedness the Airport Authority has that is referenced in the commentary background. Vincent said when the lease was originally entered into there were two termination clauses, 50 years or when the indebtedness is paid, at one time there were bond indentures on the airport and those have been paid off and didn't think the airport had any indebtedness at this time.

Wade said they have a line of credit that was approved by the Council some time ago but they don't have any bond indebtedness other than with the American Eagle maintenance hanger which will soon be paid off.

Shanklin asked how the lease agreement can be terminated from the City of Lawton with the Airport Authority. Wade said it can be terminated by mutual agreement, one cannot unilaterally terminate it.

Moeller asked if they are wanting to extend the lease so they will have a better negotiating position for someone wanting to come into the industrial park that the Airport Authority oversees. Wade said that is correct and the frontage on 11 ^th Street is also a potential development site. Moeller said if they don't have this extension how would that effect it. Wade said to get a bankable lease you have to have more than 25 years to offer someone as a lease to justify making the capital investment necessary to improve the property. He said they have had ongoing conversations with American Eagle as to what additional services they can potentially provide for them from a maintenance standpoint.

Devine said six to eight months ago Purcell preached to the Council about obligating the City of Lawton for leases for long time periods and he is going to marry them to an 80-year lease. He said they fought over an issue with the Water Treatment Plant and now they are going to turn around and back up from what was originally said and asked if they are going to submit the City to an 80-year contract.

Wade said it isn't 80 years, it is 80 years less 33. Purcell said it is 30 additional years.

Devine said there was a major fight over the issue of submitting the City to long term leases.

Moeller said that was her concern and couldn't see why the City couldn't do this further down the line but knowing the City owns the land and the Airport Authority is from the City why couldn't the City back them. Wade said 30 years was what the Authority came up with to present to the Council, if they would prefer to extend it to a shorter period of time the Authority would respect the wishes of the Council but felt an additional 30 years was a marketable period of time. He said most commercial leases extend for 40 to 50 years at a minimum. Moeller asked if they don't extend it tonight and they have someone who wants a commitment, couldn't the City back up the Authority because they actually own the land and could provide the assurance and the Authority could still get the leases. Wade said it is much more workable to have the term agreed upon in advance but it is up to the wishes of the Council and could be done that way.

Hanna said the City owns the land the Airport is on and this is the land that the Airport Authority wants to lease back from the City, it is still City land they want to lease. Wade said it is the same land they have had since 1970. Hanna said the only one they are obligating is themselves. Wade said yes.

Purcell said he was prepared to make a motion to approve it and asked if they need at least 25 years or more, if they made it for 10 years they would have 27. Wade said most of the time they need 40 to 50 years for a long term lease.

14.    Consider approving a Second Amendment to the Trust Indenture of the Lawton Metropolitan Area Airport Authority, and authorize execution by the Mayor and City Clerk. Exhibits: Amendment.

Purcell said he has had extensive conversations with Wade and a member of the Airport Authority. He said he didn't know there was a specific individual involved and he had no problem with what they were trying to do with that individual but had a problem with the wording "to be filled by an individual who is currently involved in Economic Development" because it is broad and Wade may have a solution to change the wording to "an individual who is currently employed in Economic Development." Wade said the term he had used was "currently actively employed in Economic Development." Purcell said that further defines it.

Purcell said he was also concerned with term and would prefer "after the expiration of the initial three year term this trustee can be reappointed for an additional three year term subject to confirmation by a majority of the governing body of the City of Lawton." He said there could be other three year terms as there are now, this involves someone who is actively involved in economic development and keeps the terms at three years. He said currently a member of the Airport Authority can only serve for two three-year terms and then cannot be reappointed but this person could continually be reappointed for three-year terms.

Powell said if Purcell does not leave it like it is he would be defeating the purpose.

Purcell said this position wouldn't have the two term limitation but it wouldn't be indefinite and would make a motion with the two changes he made.

Wade said this potentially creates as much as a 12-year term but doesn't limit the appointment to a particular person as long as that person is currently active and employed in economic development. He said the purpose of this proposal is that the Great Plains Technology Center has been very good to the Authority in providing resources and the manpower of the individual they are talking about. He said he has done an excellent job, economic development is his business, he is part of the Lawton Economic Development team and he has several things he has been working on in an ongoing basis that are potentially beneficial to the Airport Authority and the City of Lawton as far as expanding airport services with the loss of ASA. He said there are a lot of issues concerned as to why they are making this request but they are subject to the wishes of the Council and would have no problem with the proposed changes.

Moeller said she was concerned with the indefinite term, no authority or council should have any one person who is permanently entrenched in a position because she has not seen it work like they think it will and would be very concerned about allowing any one person to be permanently entrenched in any authority that is supposed to look out for the City. Wade said the purpose and intent was to still give the Mayor the authority at the expiration of any of those terms to appoint anyone else, it was not married to a particular individual, it is someone who is actively employed in this community in economic development and it can be anyone in that arena. Moeller said they are requesting a member designated  who is actively involved in economic development and it would be for three-year terms.

Bass asked if the Mayor still had the authority to replace this trustee at any time. Wade said no, only at the expiration of the three-year term.

15.    Consider approving the record plat for MacArthur Park Addition, Part 7, and accepting the improvements, maintenance bonds, easements, and park land dedication. Exhibits: Plat Map.

"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.

Staff has reviewed the record plat and record drawings and performed a final inspection of the improvements. The paving did not meet the City's specification of 3500 psi, but test results were within 85% of the specification; therefore, an additional five-year maintenance bond for 100% of the construction cost is required.

All improvements have been installed in compliance with the City Code. Two maintenance bonds have been submitted for street improvements: a five-year Letter of Credit in the amount of $100,000 and a two-year bond in the amount of $12,750.00.  A two-year maintenance bond in the amount of $9,000.00 has been submitted for water and sewer improvements.

Easements located outside the platted area have been submitted. Also submitted is a Warranty Deed for 0.22 acres of park land dedication. On January 24, 2002, the City Planning Commission conditionally approved the record plat. At this time all of the conditions have been met.

Action: Approve the record plat for MacArthur Park Addition, Part 7, and accept the improvements, maintenance bonds, easements, and park land dedication."

16.    Set a public hearing date of March 26, 2002, to consider an ordinance closing the platted roadway and utility easement described as the east 33 feet of Lots 1-5, Block 1,  Country Club West Addition, Part 1, located at #1 - #9 NW 53rd Street. Exhibits: Photo; Council Policy 5-1. Action: Approval.

17.    Consider setting a date of March 26, 2002, to hold a public hearing and consider an ordinance closing a street in Crosby Park Estates, Part 1. Exhibits: Map.

Powell said Mr. Baxter had brought this up and in his absence would like to address it. He said shortly after decisions were made Vincent and Atkinson came to the office and he met with Baker the following morning and asked him to bring this forward to the Council to finalize the authority to close the street whereby no one has access by engress or egress through the street. He asked for a motion of approval.

18.    Consider a revocable permit for the installation of groundwater monitoring wells on the NW Cache Road right-of-way adjacent to 4401 NW Cache Road, submitted by Summit Environmental Services, on behalf on Michael Mayhall. Exhibits: Application; Letter; Revocable Permit.

Powell asked Bigham if they had done this before and asked why they are doing it again. Bigham said in April 2000 the Council approved two monitoring wells in the medians on 44 ^th Street and this is the second series of monitoring wells approved by the Corporation Commission to track down the contamination. Powell asked if they are still concerned there is contamination and asked where they are finding it. Bigham said it is from the filling station at the NW corner of 44^th Street where contamination had been identified from that station and the monitoring wells try to determine where the contamination is and after they identify where it is they begin the mediation process. He said they are still trying to determine how far the contamination extends. Powell asked how long it is going to go on. Bigham said there is no telling, there are some that have been monitored for four to six years and they are still trying to identify how far the contamination goes.

Powell asked how long this has been going on. Bigham said the first monitoring well was put in on the property of April 2000. He said Page 85 of the Agenda packet provides a list of all the wells that have been put in place connected with this filling station. He said he didn't know how far back they go.

Powell said he knew they were concerned at one time with the creek being contaminated.

Moeller asked if it is taken back to the tanks can't they require the tanks to be replaced. Bigham said the Oklahoma Corporation Commission established new rules and regulations with underground tanks and the tanks that were deficient that caused leakage have been replaced with new tanks but now they are trying to determine the extent of the contamination caused by the old tanks.

Powell said the soil had to be tested with the removal of the tanks and if there was contamination it had to be removed and didn't understand, are they suggesting there may be contamination now. Bigham said that is the reason for the monitoring wells, to identify, over the years, where the contamination of the hydrocarbons have gone and it is a long and tedious process which is regulated through the Oklahoma Corporation Commission.

Shanklin said they are tearing up Cache Road. Bigham said the only thing different with this permit than the other permits is that they will hand auger versus power equipment because of all the utilities in the right-of-way.

Powell said he just wanted information on when this is going to end. Bigham said there are sites within the community that have been going on for years.

Baker said since this has been going on for so long they will write a letter to the Corporation Commission and ask them for a status report, they may be able to provide additional information and upon receipt he will provide that information to the Council.

19.    Consider approving Amendment No. 2 with the Museum of the Great Plains Authority  Cooperative  Agreement. Exhibits: Amendment; Map. Action: Approval. On 12/11/01 the Council approved the location of the Centennial Sculpture to be placed in Elmer Thomas Park between the Auditorium and Museum. The sculpture will belong to the Museum as a non-profit trust. This amendment will allow the sculpture to be placed on Museum Authority leased property.

20.    Consider approving a Letter of Agreement between the City and the Lawton Tennis Association for the sponsorship of an instructional tennis clinic. Exhibits: Letter of Agreement. Action: Approval.

21.    Consider approving the release of liens between the City of Lawton (Lender) and participants of the CDBG and/or HOME program (Borrowers) listed in the agenda item and authorize the Mayor and City Clerk to execute the lien releases. Exhibits: None. Action: Approval. Borrowers: Maria T. Alcantar AKA Maria Teresa Figueroa-Rodriguez; Dale L. and Helen L. Barger; Brenda K. Blevins; C.O. and Velva Buzbee; Erma L. Crumpton; Viola E. Fort; Yvonne Iron; Kate Karty; Frances L. Kilgore; Robbie D. King; Shirley C. Modlin; Thelma M. Nichols; Glenis Schlumbohm; Earlene M. Troy; Ronald and Dana L. Wheeler; Kathryn E. Wright; Jeffery W. Zunk and Leesa Zunk.

22.    Consider approving the following contract extensions: A) Jail Food and Supplies with Wilson Wholesale Company, Inc.; B) Powdered Activated Carbon with Southwest Chemical Services, Inc.; C) Concession Operations McMahon Park with LaSill Optimist Club; D) Concession Operations Ahlshlager Park with Kiwanis of Northwest Lawton; E) Dairy Products for Lawton City Jail with Hiland Dairy; F) Neighborhood Services Abatement with Service One Janitorial of Lawton. Exhibits: None. Action: Approval.

23.    Consider awarding contract for Footwear (Safety, Athletic, Walking). Exhibits: Recommendation; Abstract. Action: Award to Woodward's and Bill's Scoreboard.

24.    Consider awarding contract for Fibar Safety Surfacing. Exhibits: Recommendation; Abstract. Action: Award to Modlin Recreation Equipment.

25.    Consider awarding contract for Temporary Workers-Clerical Workers. Exhibits: Recommendation; Abstract. Action: Award to Express Personnel Service.

26.    Consider rejecting contract for Packer Bodies. Exhibits: Recommendation; Abstract. Action: Reject bids.

27.    Consider approval of appointments to boards and commissions. Exhibits: Memo.

City Planning Commission: Alvis Kennedy, Ward 5, Term: 1/11/02 to 1/11/05

Redistricting Commission: George Moses, Ward 5, Term: 7/1/01 to 7/1/04

Commission on the Status of Women: Clessie LeMay, Fort Sill Rep., Term: 2/12/02 to 2/12/04

28.    Consider approval of payroll for the period of February 4 through February 17, 2002.

29.    Consider approval of Minutes of Lawton City Council Regular Meeting of January 22, 2002.

Powell struck Item No. 36 from the Agenda.

30.    Consider adopting an ordinance adopting the latest revisions to the International Building, Plumbing, Mechanical, and Fuel Gas Codes, amending Chapter 6, Lawton City Code, and declaring an emergency. Exhibits: Ordinance No. 02- 04.

Devine said this is a good thing but thought they needed to look at it a little closer before they adopt it because once they adopt the International codes it will supercede all other codes they have from anything within the state because it will be recognized all over the United States. He just wanted to make sure they have a definite time so they don't lag the other codes on forever. He asked if Tucker had a time when he was going to adopt this totally where they will automatically make the transfer.

Tucker said the codes have been adopted by the State of Oklahoma and have an effective date for this Friday and will become the minimum standards acceptable throughout the State. The primary difference between the International Codes and the BOCA Codes is that BOCA was one of three code writing organizations in the U.S. and those three agencies have adopted and become the International Code Council so when you go to another state you are under the same building, plumbing, mechanical and fuel gas codes as in your own state. He said they anticipate that within the next three to five years they will be adopted nationwide.

Powell asked if they have a choice on adopting this. Tucker said they don't have a choice in what they enforce.

Powell asked why they are discussing this if they don't have a choice. Devine asked how long the inspectors would be able to enforce the BOCA codes and all three of the others and wants a date established to tell the contractors. Tucker said if they go out for an inspection on Thursday he and his staff will tell them there is a difference but won't reject it. He said they will do it the same way as they did when they adopted the current set of standards where they had a six-month period where they provided notice. If plans come in they have the option during that six-month period which one they wish to build by. He said they intend to conduct classes with the Lawton Homebuilders Association and there will be notification of those meetings which will be cost free. The code will be in effect but they won't actively enforce it for a six-month period.

Purcell said when they adopt the new International BOCA Codes, they will judge everything on this code and won't have anything in their codes that are left that will be more severe than in the BOCA Code because there had been complaints that the City is more severe than the codes they adopt. Tucker said they are being adopted in their entirety.

Devine amended his motion to include adoption as an emergency.

(Title)        Ordinance No. 02- 04

An ordinance relating to public safety, repealing the BOCA National Building Code, 1996 Edition; the CABO One and Two Family Dwelling Code, 1995 Edition; the International Plumbing Code, 1995 Edition; the BOCA National Mechanical Code 1996 Edition; as adopted in Chapter 6, Lawton City Code, 1995, reserving the chapter, article, division and section numbers for further uses; adopting the International Building Code, 2000 Edition; the International Residential Code, 2000 Edition; the International Plumbing Code, 2000 Edition; the International Mechanical Code, 2000 Edition; the International Fuel Gas Code, 2000 Edition; amending Article 1 relating to Building Code and Building Permit Expiration; amending Articles 2 and 4 relating to Contractor's Registration Certificate; amending Article 6 relating to the Building Contractor's Registration Certificate; amending Article 7 relating to the Building Development Appeal Board, Chapter 6, Lawton City Code, 1995, providing for severability, declaring an emergency and providing for codification.

VOTE ON AMENDED MOTION: to approve Ordinance No. 02-04 and declare an emergency. AYE: Shanklin, Moeller, Haywood, Bass, Hanna, Devine, Purcell. NAY: None. MOTION CARRIED.

1912 NW Irwin Avenue:

Alltizer said the structure first appeared before Council on April 3, 2001 and at that time Habitat for Humanity was going to acquire the property, demolish the structure and rebuild on the site. She said evidently there have been some problems updating the abstract so Habitat for Humanity is no longer interested in obtaining the property.

Vincent said at the last meeting Shanklin brought up the ability to have the property owner tear it down or get a building permit and those are in the building code just adopted and this resolution does provide for that option.

PUBLIC HEARING ON 1912 NW IRWIN AVENUE

VOTE ON MOTION: AYE: Moeller, Haywood, Bass, Hanna, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.

(Title)         Resolution No. 02-24

A resolution declaring a certain structure to be a dilapidated public nuisance, detrimental to the health, benefit, and welfare of the community; ordering the dilapidated structure be brought to habitable standards or demolished and removed; and authorizing the city attorney to initiate legal action in Comanche County District Court to abate such nuisance. Location: 1912 NW Irwin Avenue, Lawton Heights Addition, Block 69, Pt of Lots 11-13, being beg at a pt 103'8"E of NW/C thn E550', S131'7", W55', N131'7" to beg, City of Lawton, Comanche County, Oklahoma. Title Holders: Leslie M. & Lillie A Stingily. Mortgage Holders: None.

1108 NW Dearborn Avenue:

Alltizer said 1108 NW Dearborn no longer exists, the demolition permit was issued on January 28, the work has been completed and the lot is clear.

PUBLIC HEARING ON 1108 NW DEARBORN AVENUE:

No action taken.

1113 NW Dearborn Avenue (accessory structure):

Alltizer said this is two accessory structures, not the main structure, the property owner came into the office and allowed Mr. Manny Cruz to inspect the structures. She said the property owner would like to bring the middle structure up to code for use as a storage facility and will probably tear down the structure on the alley, further north on the property, or convert it for storage use. She said both could be converted to storage facilities but not for a single family dwelling.

Shanklin said if they pass it the owner will have that option.

PUBLIC HEARING ON 1113 NW DEARBORN AVENUE

(Title)         Resolution No. 02-25

A resolution declaring a certain structure to be a dilapidated public nuisance, detrimental to the health, benefit, and welfare of the community; ordering the dilapidated structure be brought to habitable standards or demolished and removed; and authorizing the city attorney to initiate legal action in Comanche County District Court to abate such nuisance. Location:1113 NW Dearborn Avenue, Mountain View Addition, Block 6, Lots 19 & 20, City of Lawton, Comanche County, Oklahoma. Title Holders: Louis V. Jr. & Leonelle Sumrall; L. V. Sumrall. Mortgage Holders: None.

1619 SW McKinley Avenue:

Alltizer said the Assistant Fire Marshal and she visited the structure yesterday, it was unsecured, there was evidence of vagrants using the structure and syringes, etc., as though drugs were being used in the structure. The structure was brought to them by Haywood, it is collapsing, the floors are folding up in several places and the structure needs to be torn down. She said they have had no contact from the property owner.

PUBLIC HEARING ON 1619 SW MCKINLEY AVENUE

(Title) Resolution No. 02-26

A resolution declaring a certain structure to be a dilapidated public nuisance, detrimental to the health, benefit, and welfare of the community; ordering the dilapidated structure be brought to habitable standards or demolished and removed; and authorizing the city attorney to initiate legal action in Comanche County District Court to abate such nuisance. Location: 1619 SW McKinley Avenue, Lawton View Addition, Block 46, Lots 23-24, City of Lawton, Comanche County, Oklahoma. Title Holders: Froman Rushing. Mortgage Holders: None.

Moeller said she was surprised to see her name on this item because it was just a suggestion she had made.

Devine asked if this is on Eisenhower parking. Powell said there is another item in that regard.

Vincent said this item will give Council the authority to establish parking by permit.

Powell asked what the bad things could be if they approve this.

Purcell said he thought it was a good idea when Moeller first suggested it because he thought it would solve the problem at Eisenhower but he has had phone calls concerning this. He said there must be a better way to solve the problem because as soon as they approve this they have a lot of other neighbors, especially around schools, who will be calling their councilmember wanting their area declared a no parking zone without a permit and thought they had opened Pandora's box because they would be issuing permits for any area around schools, as an example, and didn't think he could support it especially if they have solved the problem on Eisenhower Drive.

Powell said he thought it would be extensively used and abused throughout Lawton and Ft. Sill.

Hanna said he was at the troubled area three or four different times recently and found no vehicles on the street so that problem has been corrected.

Moeller withdrew her motion and Devine withdrew his second.

Powell asked if they were striking the item.

Moeller requested the item be stricken and if it comes back they could address it at that time.

Powell said they need the Traffic Commission, this Council has taken action contrary to what they have recommended and it hasn't set very well. He said the newspaper said a member had called him and talked to him but he had not spoken to him, however, the member called Powell the next morning and apologized for that being in the newspaper. Powell said he has spoken to members of the Traffic Commission and they do a good job and look at a lot of things that the Council does not have time to look at.  He said at their last meeting they made a recommendation to put these signs on Country Club Drive. Moeller asked if this had gone to the Traffic Commission. Powell said yes, he didn't know how it got back there but the people in the area asked if they could table it and see if the school couldn't resolve it and according to Mr. Hanna it has been resolved. He said it was on the Traffic Commission agenda and asked Tucker if they had recommended putting parking signs on Country Club Drive. Tucker said that was their recommendation based upon the request that was taken to them for their consideration so this issue could be discussed this evening. He said they were responding to a need of the Council to hear the issue.

Moeller said she would prefer it to go back to the Traffic Commission for further discussion. Powell said he would like to send it back to them and he has gone by there and it appears to have been corrected. Moeller said when she had made the suggestion she didn't mean for it to be an agenda item but to go where it needed to go to be studied. Powell asked Tucker to take it back to the Traffic Commission.

Purcell said he agreed and had tried very diligently not to bypass the commissions because if they really need something in a quick manner, they can call the chairman of the commission and they have the authority to establish a special meeting. He said he agreed with the Mayor that the members get very discouraged when the Council bypasses them completely but not necessarily if they don't do what the board recommends.

Shanklin said before Christmas he turned in the crosswalk coming out of the west door of the courthouse and it still hasn't been to the Traffic Commission, there is a list of streets that have diagonal parking that they all agreed to when they accepted "B" Avenue and that has to go to the Traffic Commission sometime in April or May and these people want their parking and some of these things are an emergency and they are going to pass it whether the board likes it or not.

Baker said in regard to the diagonal parking he spoke with Mr. Ezerski as to whether or not the Traffic Commission wanted, or should consider it before it comes to Council and Ezerski said that if it was strictly changing the parking from parallel to diagonal the Traffic Commission didn't want or need to see is so Larry Wolcott is doing some research and it will be brought back to Council for consideration.

Due to action taken in Item 32, this item was stricken from the agenda.

Shanklin said for over a period of two years they have periodically run birds off in Ward 2 and Ward 5 in 8 or 10 different areas and they are back again. He said he heard they were not a health hazard but after he saw that on TV he received a call from someone telling him you could get Physioplasmosis from the dust resulting from chicken droppings and the bird droppings would contain the same dust so that when someone mows the grass they will be subject to the dust and it is a health hazard. He said there is a problem at 61 ^st and Cache Road and identified other locations where the birds are a problem. He said they needed to provide funds from the contingency fund giving Baker the authority to purchase more of the cap pistols with a blank shot which will go approximately 150 to 200 feet to get the blackbird's attention. He said when someone is being invaded they need to at least move them so they aren't roosting in a group of trees for two weeks causing the large amount of bird droppings to collect. He asked what the Council thinks about giving Baker direction to buy some more of the cap pistols and allow him to have some of the employees take about an hour under Baker's direction to move the birds.

Moeller said there is a market building at 1136 Cache Road that has some type of sound system to keep the birds out of the trees and off their building, it sounds like a screech owl and they could inquire about this.

Bass said in Ward 1 they use a cannon at approximately 6:00 p.m. every night and it scares them away.

Hanna said he would like to see a police escort when the employees go out with these pistols so the neighbors won't be calling the police.

Powell said this would be worked under Bakers direction.

Baker said Shanklin has done this a few times on his own and he has gone out with him a couple times and if Council wants them to get involved in doing this it would just be a matter of some overtime to go out at dusk, several evenings in a row and move them out. Powell asked that he use his discretion.

Bart Hadley, Fire Chief, said these are standard outside fire protection contracts but at their agenda meeting there were concerns raised about the number of outside fire protection contracts they are entering into and the location of some of those so placed it on the regular agenda for discussion.

Mayor Powell asked if Hadley has done a study to see if they are nearing the point where they are over extending themselves.

Shanklin left the meeting at this time.

Hadley said he, the City Manager and Vincent have discussed developing a policy where they would limit entering into outside fire protection contracts, go to their outlying fire stations and determine what radius would be a reasonable response time and anything that falls outside the radius they would not be willing to enter into a contract. He said in addition, anything that falls within that radius, if they don't have an adequate water supply available, they probably wouldn't enter into an contract. He said they would like to extend the contracts to the Lawton Christian School who, due to their recent fire, has approached the City with a request for an outside fire contract but all the current contracts are with individuals. He said this wouldn't preclude them from responding outside the areas if they have a mutual aid agreement with the responding appropriate fire department such as Cache.

Powell said he thought the Council and citizens needed to be aware that a study is underway to determine the radius they can adequately serve without putting the citizens of Lawton at risk.

(Title)        Resolution No. 02- 27

A resolution fixing the amount of bonds to be sold, providing for the maturity of the bonds, fixing the redemption provisions, fixing the time and place the bonds are to be sold and authorizing the clerk to give notice of said sale as required by law.

Purcell referenced Section 10-2-102, Definitions, A.1, and asked if they have any supplies, materials, equipment and services, under public contract they don't have to go out for bid. Vincent said they had already changed it to $13,000 in another division of the Code and this is bringing this portion of the Code into compliance with the previous approval. He said up to a certain dollar figure they use telephone solicitation where they have to call three vendors, between that number and $13,000 they use three written solicitations without formal competitive bidding and anything over $13,000 they go through the formal competitive bidding process. He said there is a bid process under $13,000 it just isn't a written closed bid.

Purcell asked at what point they go out for sole source and asked if they ever do that. Baker said there is a provision in their policy on sole source, if it is determined it is sole source they have to verify that with Purchasing and are then authorized to proceed and when they prepare the requisition for payment they have to indicate it is sole source but there is no dollar amount on sole source.

Purcell said under $13,000 they do some form of competitive bidding even if it is less than $13,000. Vincent said 10-1-101 A. was previously approved and was in conflict with the section referenced by Purcell.

(Title)        Ordinance No. 02- 05

An ordinance pertaining to finance, amending Sections 10-101, 10-102, 10-103, 10-108, and 10-113, Article 1, Chapter 10, Lawton City Code, 1995, as previously amended, setting a monetary amount after which contracts for public improvements must follow the competitive bidding act and also allowing for purchase of items of the state contract, providing for severability and declaring an emergency.

VOTE ON MOTION: AYE: Devine, Purcell, Moeller, Haywood, Bass, Hanna. NAY: None. MOTION CARRIED.

Livingston said during the quarterly audit of the hotel/motel tax payments and vendors the internal auditor came across a couple items from last year that were a conflict or a problem in the Code. He said the Code provides for an exemption for certain people who occupy hotels and motels but it was difficult for them to qualify, this change will make it easier for them to qualify because they can sign up before they would have to come to the city and ask for an exemption. He said the second was a conflict of when a hotel owner could qualify for the discount and this clarifies that conflict.

Purcell said the commentary refers to certain government and non-profit organizations and asked if a government employee who comes to Lawton can stay at a hotel and say they are a government employee and claim an exemption on taxes, fill out a form and don't have to pay it. Livingston said that is correct.

Purcell said he wouldn't support that because the soldiers, to include Ft. Sill soldiers, go to any other city in the country and have to pay the hotel/motel taxes for that city and yet Lawton is not going to charge it. Livingston said the Code provides for those exemptions and that has been causing a lot of problems because people that qualify as exempt, such as Red Cross, under the Code would have to go through a bureaucratic process to qualify so they were eliminating a lot of the problems because of bureaucracy not because they had addressed what Purcell is saying that they shouldn’ t be exempt. He said if the Council wants to change the exemption they can bring that back.

Powell said this is just for clarification of what is in the Code currently. Livingston said that is correct, this just says if they qualify they can get it without coming in.

Purcell said he would like to table this and bring back an ordinance that removes some of those exemptions.

Powell said for clarification purposes asked for this to be approved and bring something back for the exemptions.

(Title)        Ordinance No. 02- 06

An ordinance related to the City of Lawton's Hotel/Motel Tax, amending Section 10-12-107, Chapter 10, Lawton City Code, 1995, modifying the procedure for organizations, associations or corporations to qualify for exemption and amending Section 10-2-1221, Chapter 10, Lawton City Code, 1995, amending the date when taxes must be paid to qualify for discount.

VOTE ON MOTION: AYE: Purcell, Moeller, Haywood, Bass, Hanna, Devine. NAY: None. MOTION CARRIED.

Vincent said the Code was passed by the citizens and there are provisions for technical amendments to the Code and this change qualifies but he will have to see if the other request will qualify as a technical amendment.

Baker said this is a housekeeping item, currently the Code says the chief of police is responsible for enforcing the part of the code pertaining to electrical or barbed wire fences and are recommending it be changed to city manager or designee and most likely that will be the Neighborhood Services Division.

Devine said they need to look at this portion of the Code on electrical fences because the Code states that "No person shall build, construct, erect or maintain any electrical or barbed wire fencing within the city." He said if you have animals that have a tendency to dig out, the only option you have is to put electric around the bottom of the fence so they can't dig out or climb over the top of the fence and he has been through this. He said when Judge Harris was the presiding municipal judge, he granted Devine the right to have an electric fence because he had adopted two Doberman Pincers for guard dogs due to his property being stolen and the dogs kept digging out. He said he placed a 120 system around the bottom of his fence, it doesn't hurt anything but the animal stays away from the fence. He said in certain circumstances and situations they need electric fences in the yards. He said there are people who have a four foot fence with large dogs and when the City employees go into the easement to perform their work duties they could be harmed by those dogs because some of them almost jump over the fence. He said he knew they were just changing the enforcement tonight but thought they needed to look at this ordinance.  

(Title)        Ordinance No. 02- 07

An ordinance pertaining to buildings, construction and housing, amending Section 6-182, Chapter 6, Lawton City Code, 1995, changing the official responsible for enforcement, and providing for an effective date.

VOTE ON MOTION: Moeller, Haywood, Bass, Hanna, Devine, Purcell. NAY: None. MOTION CARRIED.

Jeff Welch, Acting Human Resources Director, said proposal were solicited for a fully insured group health plan for City employees to see if they could get a better deal in their health plan. He said the exhibits in the agenda item provide a comparison of seven different proposed plans from Unicare from Dallas and Blue Cross/Blue Shield from Oklahoma and the cheapest fully insured proposed plan would be 12% more than the city's current self-insured plan and for that reason recommended rejecting the proposals and retaining their self-insured plan. He said this has been reviewed by the Health Plan Review Committee who recommend rejecting the proposals.

Purcell said he agreed with rejecting the proposals and didn't think this had been a wasted process because it shows them what is wrong and why their self-insured plan is in such trouble. He said they are obviously not charging enough, the city isn't putting in enough, the benefits are too generous, and there are a series of things they need to start looking into or they are going to be in deep trouble with their insurance plan. He said these two plans and the two state plans are a lot more costly than the city's and they provide a lot less benefits.

Welch said this item is in regard to an action taken by the Health Plan Review Committee based on a retiree's complaint and provided a fact sheet for their review. He said in December when the employee and retiree contributions were increased for the City's group health plan they increased the rate paid by retiree's by 8.33% and rather than raising the amount that is taken from employees pay checks for their contribution to the health plan they extended the number of pay periods for which their contributions are taken out to 26 from 24. He said instead of basing the premium on a monthly basis and taking it out two times a month they changed it to a by-weekly basis taking out the premium for all 26 pay periods. The first month they have three pay periods is May 2002, and the retiree's have complained that the employees don't really feel the effect of the 8.33% increase until May and that the employees could drop their family coverage or terminate their employment with the City prior to May and somehow avoid the increase in premiums.

Powell asked if that is a justifiable concern. Welch said if you accept that the employees are now paying on a by-weekly basis then it isn't a valid concern. He said the retirement system only makes monthly payments to the retirees where the employees are paid by-weekly so you have a monthly system set up for the retirees and a by-weekly for the employees and over a six-month or twelve-month period the amount they pay is exactly the same.  

Purcell said he received a call and had a lengthy conversation with a retiree who lives in his Ward and his contention as a retiree was that if he were paying on a monthly basis, for January through May he pays $45 a month extra and he had no problem with the extra amount except he would be paying $180 over the four months and if as a retiree he terminated his insurance would be done at that point in time and his insurance would still have cost $180 extra whereas an active employee had no increase over the first four months and if they quit on May 1 they would have no additional cost and that is what the retiree thought was unfair. He said when he asked why anyone would quit, either retiree or active employee they didn't know, but the implication he got was that someone would quite the insurance in May to avoid paying the premium and then would somehow reenroll and miss paying the third premium but that can't happen because if you discontinue in May you wouldn't be able to reenroll until the following opening period in December. He said he didn't have a problem with the proposal.

Powell asked if the Health Plan Review Committee had a retired member. Welch responded yes. Powell said the Committee has approved this and is recommending approval. Welch said yes, to go back to the by-weekly basis.

Baker said he met with the Committee and understood their recommendation and their concern but didn't recommend changing this again, it has been to Council three or four times and it is getting confusing. He said to satisfy the concern of the retirees, if they have an employee leave before they are hit with the third pay period in May or December, when they process out they could hold that percentage out of their final pay to make up the difference if they wanted to do that. He said that would be the 8.33% which they would not have paid if they were to leave prior to May.

Moeller said the recommendation of the Committee goes hand in hand with the agenda item title. Welch said the Committee's recommendation is different than the recommended Council action. Moeller said the agenda item title is to consider approving modifications and asked if the numbers verify what is on the agenda. Welch said the fact sheet isn't intended to support the Committee's recommendation. Purcell said he requested the figures on the fact sheet, there was a disparity because they had already changed three or four times by going back and forth as to what they wanted. He said Baker is recommending they not change it again and if they don't change it there is the difference between what the retiree's will pay versus what the employee pays if they quit and Baker has a solution to pick up part of that by charging the employees the extra time if they should quit before May. Welch said the employees would have to pay at a higher rate in order to catch up because they have missed three pay periods for this year.

Purcell asked if the motion was to go along with Baker's recommendation and Bass said yes.

VOTE ON MOTION: AYE: Haywood, Bass, Hanna, Devine, Purcell. NAY: Moeller. MOTION CARRIED.

Baker said he had previously advised the Council that the McMahon Foundation had sent a letter to the City advising that the Board has approved $647,000 for park improvements and this is the whole amount of what they had requested. He said they were very generous and are asking the Council to gratefully acknowledge and accept the grant from the McMahon Foundation.

Powell said they are not only indebted to the McMahon Foundation for this action but for the many, many things they have done for the City of Lawton and the community and thanked them.

COL Steuber said he had been asked what Ft. Sill was going to do about soccer and Major General Maples has looked at the situation and they are going to invite the soccer leagues to come back and play at Ft. Sill with the stipulation that they guarantee that the soccer fields be available throughout the season and they believe they have found a solution. They are currently working on a memorandum of agreement with the Lawton Optimist organization and believe they will be playing their first games of the season on Ft. Sill. He said they have had a great deal of cooperation with the protective measures that have been taken and will be bringing the wing commanders from the Air Force bases to help them do a better job of enforcing the protection of the area and cooperating as a joint community.

Devine said he had a new grandson, 7 lb. 1 oz. who was born yesterday to his son Todd and his wife Holly.

Hanna said he goes out to Ft. Sill quite a bit and the traffic through the gates has greatly improved. He said soccer season will be opening this week at Ron Stephens stadium.

Vincent said he was notified by Ron Kirby that their first legislative effort goes to the full house tomorrow at 9:00 a.m., the bill on subdivisions and lot splits.

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

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

46.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the possibility of settlement of the Workers' Compensation case of Randy Taylor in the Workers' Compensation Court, Case No. 2001-7492-Q, and take necessary action in open session. Exhibits: None.

47.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the possible settlement of the damage claims of Walter Lopez, Karena Lopez, Melody Lopez, Evonne Lopez, and Megan Lopez, and if necessary, take appropriate action in open session. Exhibits: None.

48.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss action remaining in the pending lawsuit International Association of Firefighters (IAFF), Local 1882 v. County Election Board, et al, Oklahoma Court of Civil Appeals Case No. 94,530 and IAFF, Local 1882 v. County Election Board, et al, District Court of Comanche County Case No. CJ-99-1388, and take appropriate action, if necessary, in open session.

49.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the case styled City of Lawton vs. IUPA, Local 24 & Damion Sean Hart, Case No. 95,122 in the Supreme Court of the State of Oklahoma, and if necessary, take appropriate action in open session. Exhibits: None.

50.    Pursuant to Section 307B.1, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the evaluation review of Bill Baker as City Manager. Exhibits: None.

The Mayor and Council convened in executive session at approximately 8:30 p.m. and reconvened in regular, open session at approximately 9:40 p.m. with roll call reflecting all members present except Baxter and Shanklin.

Item 44: Vincent reported pursuant to Section 307B.4, Title 25, Oklahoma Statutes, Council  convened in executive session to discuss the pending tort claim of Joseph LeGrand against the City of Lawton. He said there was discussion of this claim and a proposed settlement offered by the attorney and recommended Council advise the City Attorney to advise the claimant that the settlement offer of  approximately $35,000 is rejected and to take further action as necessary.

Item 45: Vincent said pursuant to Section 307B.4, Title 25, Oklahoma Statutes, Council convened in executive session to discuss the pending damage claim of Lula Priester against the City of Lawton. He said the Council was presented a time line of previous claims by this claimant and recommended a motion to deny the claim.

Item 46: Vincent said pursuant to Section 307B.4, Title 25, Oklahoma Statutes, Council convened in executive session to discuss the possibility of settlement of the Workers' Compensation case of Randy Taylor, Case No. 2001-7492-Q. He said no action is required at this time.

Item 47: Vincent said pursuant to Section 307B.4, Title 25, Oklahoma Statutes, Council convened in executive session to discuss the pending damage claims of Walter Lopez, Karena Lopez, Melody Lopez, Evonne Lopez, and Megan Lopez. He said the claims were discussed and recommend the following motion, to reject all settlement offers offered subsequent to the original denial of this claim on September 27, and deny the request from the plaintiff's attorney to extend the time for filing of legal action.

Item 48: Vincent said pursuant to Section 307B.4, Title 25, Oklahoma Statutes, Council convened in executive session to discuss the settlement of the pending lawsuit International Association of Firefighters (IAFF), Local 1882 v. County Election Board, et al, Oklahoma Court of Civil Appeals Case No. 94,530 and IAFF, Local 1882 v. County Election Board, et al, District Court of Comanche County Case No. CJ-99-1388. He said the Council approved a resolution at the last meeting and recommend approval of an additional resolution approving $15,000 for attorney fees which include attorney fees and costs.

(Title only)    Resolution No. 02- 28

A resolution authorizing attorney fee payment in CJ-99-1388, International Association of Firefighters, Local 1882, v. City of Lawton in the total amount of Fifteen Thousand Dollars and 00/10 ($15,000.00) and placing said amount on the sinking fund.

Item 49: Vincent said pursuant to Section 307B.4, Title 25, Oklahoma Statutes, Council convened in executive session to discuss the case styled City of Lawton vs. IUPA, Local 24 & Damion Sean Hart, Case No. 95,122 in the Supreme Court of the State of Oklahoma and recommended a motion to authorize the City Attorney to enter into settlement negotiations.

Item 50: Mayor Powell said the Council discussed the evaluation of Bill Baker as City Manager and no action will be taken at this time.