MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

JUNE 25, 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

                            Brenda Smith, City Clerk

                            Col. Anthony Puckett, 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

                    Robert Shanklin, Ward Five

                    Barbara Moeller, Ward Six

                    Michael Baxter, Ward Eight

ABSENT:                Amy Ewing-Holmstrom, Ward Four

Stanley Haywood, Ward Seven

AUDIENCE PARTICIPATION:  None.

CONSENT AGENDA : Shanklin requested separate consideration of Items 1, 4, 5 and 12.

1.    Consider approving a resolution authorizing the modifications to the City of Lawton general pay plan necessary to incorporate the pay increase for General employees authorized by the City Council. Exhibits: Resolution No. 02-102 with revised pay matrix.

Shanklin said we are calling this a general employee cost of living pay; is that a COLA; have we got our definitions right or are we using our Lawton, Oklahoma definition. Vincent said this would be a general pay raise; the cost of living raise is tied to the CPI by definition in the code. Shanklin said you are not going to put that on me, cost of living adjustment is a one time stipend for that year. Vincent said it can be and that he and Shanklin had argued this several times; it can be a one-time stipend, the code does not require it, but this is a general pay raise. Baxter said it means it compounds. Shanklin said yes, it is going to be compounded for the next 100 years, that is how we doubled our salaries in the last ten years, with Lawton being one of the richest cities in the State of Oklahoma, comparable to Plano, Texas, we've got the money so we need to spend it. Shanklin said he was through with it and asked Bass if he had anything.

Bass asked if this was a COLA. Vincent said we have historically called this kind of pay raise a COLA but it is typically not, it would be just a general pay raise. Shanklin said call it a general pay raise, that's how you snuffed us for the last ten or twelve years.

Devine asked if an agenda item was needed on the definitions of what kind of raises we give, or just give a 3% cost of living for one year or does that stay with us. He said we need to get this out in the open because every time it is brought up, there is a conflict whether it is a COLA or pay raise or what, and it should be worked out where it could be understood. Mayor Powell said he did not disagree with that, and that he was not that familiar with the City operations over the years but at the Lawton Public Schools they called that a stipend, what Shanklin was talking about where it is a one time deal and you get a definite amount, but if you get an increase one year such as the public schools gets 21 of them, $100 per year and they get paid for every one of them every year, and then in addition to that there are steps and levels such as there are in the City but if somebody wants to agenda an item as to what is a COLA or a pay raise, they can do that.

Baker said he thought Vincent was correct and it is a matter of semantics and there is a difference between a pay raise and a COLA; what you've got here is actually a pay raise and the resolution does not refer to the cost of living, the agenda item commentary does. He said the terms have been used synonymously and perhaps they shouldn't be; Council approved the 3% when the budget was approved and this resolution formalizes that action and provides for implementation of that increase, but Shanklin is correct that it is not a COLA. Shanklin said we all know that we have given a 42% raise to the Fire Department in five years, 39% to the Police Department in five years, and 29% to the general employees in five years; no other entity in the State of Oklahoma has enjoyed that. Shanklin said he was not going to say that they got blindfolded but he had continually fought the guy that gets 3% at $50,000 and the guy that gets 3% at $20,000; there is a big difference and then you do that by 42%, you've blown it out of the park; that gap has widened and he did not believe they intended to do that when they did that study but it's there, and that is a lot of money but maybe not to old rich Lawton.

Devine said he had a tendency to want to agree with Shanklin because if they give a 3% pay raise, the person that really benefits from that is the top pay people in your chain and to him that was not fair, and he was sure those making that $60,000 to $100,000 per year love it, but the poor little guy down here making $18,000 to $20,000 a year does not get squat at 3%. Shanklin said he offered and they were not smart enough to take it to give everybody $1,000; everybody move up $1,000, not 3% on $60,000 but 3% on $20,000 there is a tremendous difference but everybody gets that $1,000 and you stay in the same.

Hanna asked if they could give pay raises to those at certain levels and any above that would not get it. Devine said that will not work.

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

(Title)        Resolution No. 02-102

A resolution approving revisions to the City's existing pay plan to reflect authorized pay increases for general employees, and declaring an effective date.

Moeller requested an agenda item be returned regarding definitions as discussed.

2.    Consider a resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995, as amended, increasing the rate for Refuse Collection, amending the discount for low income elderly and disabled and establishing an effective date. Exhibits: Resolution No. 02-103.

(Title)        Resolution No. 02-103

A resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995, as amended, increasing the rate for solid waste collection and increasing the discount for low income elderly and disabled and establishing an effective date.

3.    Consider approving the annual Cooperative Agreement and an Agreement for Limited Services between the City and Transit Trust to provide funds for the operation of a public transit system. Exhibits: None. Action: Approval.

4.    Consider approving annual contract renewal between the City of Lawton and the Comanche County Health Department. Exhibits: None.

Shanklin asked the amount for this contract. Angie Alltizer, Neighborhood Services, said the contract is for $108,000 annually. Shanklin asked if we are all satisfied that we are getting $108,000 in service. Baker said no, we are not totally satisfied, we looked at it before the budget and the citizens are getting some services but he did not know if they were worth $108,000. Baker said it needs to be looked at and they just ran out of time, and by this time next year, it will have been thoroughly reviewed.

5.    Consider approving a contract for fiscal year 2002-2003 with the Oklahoma Department of Corrections for the use of inmate labor in certain City of Lawton public works projects and authorize the Mayor and City Clerk to sign the agreement. Exhibits: Proposed Contract.

Shanklin asked how many days a week they will guarantee doing this work. Vincent said right now one, but it is subject to renegotiation and Tim Wilson has been talking to DOC. Shanklin asked if they were guaranteeing one or would they do more than one day at their own discretion. Tim Wilson,  Assistant City Attorney, said during the negotiations with DOC they wanted to make sure that they told us in the contract what they could commit to and at the time they believed that was the minimum they could commit to work; we would like to get them out there working more and they want to but they wanted to be able to tell us what they could do and we hope to get more during this contract than once a week.

Shanklin asked if they were satisfied that if they just do this once a week for the length of this contract that the landfill that we provide them free for that service is comparable. Wilson said he would like to see them do it more than once a week but that was really not a legal question for him to answer. Shanklin said he did not know how much trash they would take out there. Wilson said if Council becomes aware they are taking too much out, that is something to consider if you want to cancel the contract. Shanklin said he had been trying to get this for over a year and they were getting close.

6.    Consider ratifying the action of the City Attorney and approve renewal of the Retainer Agreement for professional services with Larry Owen for expert analysis and consultation of a vehicle accident and authorize the Mayor and City Clerk to execute the agreement. Exhibits: Agreement. Action: Approval.

7.    Consider accepting a permanent utility easement for the Flower Mound Road Waterline Project. Exhibits: None. Action: Accept donation of easement from Gerald Trent Downing and Lana Downing, James Hunt Downing, Patricia Downing Young and William J. Young and Charles Craig Downing.

8.    Consider approving a Mutual Assistance Agreement between the City of Lawton and the Board of County Commissioners of Comanche County and authorize the Mayor and City Clerk to execute the agreement. Exhibits: None. Action: Approval regarding E-911 emergency backup systems.

9.    Consider approving Change Order No. 1 for the 2000 CIP Waterline Replacement Project #2001-26 with S.M. Burk Mechanical Contractors. Exhibits: Memo from Lawton Public Schools; Memos from City Manager dated 4/29/02 and 5/21/02. Action: Approval. Changes are 1) construction of 1,500 lf of waterlines and four fire hydrants to serve Lawton Senior High School area for fire protection; 2) construction of valves and piping to allow the connection of the east high zone with the area south of SE 45th and Lee which will increase the available fire flow to the area. Provides 70 additional calendar days and increases contract amount by $82,106.49. The remaining cost of $58,000 will be paid at the original bid prices for appropriate items. Funding is 2000 CIP.

10.    Consider awarding a construction contract to Legacy Services, Inc. for the Skyline East Park Project #2001-21. Exhibits: None. Action: Award as shown in the amount of $50,469.55.

11.    Consider adopting a resolution authorizing the Mayor to execute a Project Agreement for Project Number CIP-116B(057)IP, J/P #18891(04) with the Oklahoma Department of Transportation (ODOT) for the highway construction and installation of traffic signals on SE Flower Mound Road (Lee Blvd. to Gore Blvd.). Exhibits: Resolution No.02-104; ODOT letter dated 6/11/02; Project Agreement.

(Title)        Resolution No. 02-104

A resolution authorizing and directing the Mayor to execute the described project agreement.

12.    Consider approving agreements for refuse disposal with the following entities, and authorize the Mayor and City Clerk to execute the agreements: City of Cache, Town of Chattanooga, Town of Indiahoma, Multiple Community Services Authority, and Town of Temple. Exhibits: None.

Shanklin asked how much these communities would pay and if we were giving them a discount and he hoped not. Jerry Ihler, Public Works Director, said no, they are paying the same tipping fee that everyone else pays that comes to the landfill, $28.75 per ton.

Hanna said Lawton residents will be limited on the number of trash bags and asked if this is being applied to these communities. Ihler said there is no way to determine how many bags they put out because we do not pick up their trash; they have a hauler that brings it to the landfill. Hanna asked if they can bring as much as they want but then the people in Lawton will be restricted. Ihler said he thought there was a limit in the contract as to the amount they can bring and thought it may be no more than 100 tons per month but he would have to verify that. Hanna asked if people from Wichita Falls are using Lawton's landfill, and if it is cheaper. Mayor Powell said this rate was adjusted two years ago where it is not supposed to be cheaper, and he asked the fee structure here versus in Wichita Falls or Burkburnett. Ihler said he would have to check and thought there was a higher out of state rate. Shanklin said it was changed about three years ago because we were giving it away at $12 or $14 per ton and customers were coming from Oklahoma City, Wichita Falls and Altus because we were so benevolent and had so much money, but he had been told that the $28.75 was still too cheap. Ihler said it covers the cost. Shanklin said he was told, and did not know the validity, that they have to pay us extra to come across the state line. Ihler said he was not aware of that.

Hanna said it may be covering the cost but should we make a profit, large or small, since we are a business also. Ihler said there is some additional profit in that number. Hanna said if they did not like it, they could have their own dump some place, and look at the mess in Oklahoma City where trucks came from Kansas and brought hazardous waste. Ihler said we are not allowed to take hazardous waste. Hanna said they were not allowed to there either but they did it. Baker said he had asked directors to look at all the different services, fees and charges that are now being assessed and to make recommendations as some of the services are being provided dirt cheap and have not been raised in a number of years.

13.    Consider continuing the Retainer Agreement for Professional Services with Howard Kuchta for consulting services for implementation of the Project Impact Program. Exhibits: Agreement. Action: Approval of agreement.

14.    Consider approval of appointments to boards and commissions. Exhibits: Memorandum.

City Planning Commission: Harold Robinson, Ward One, Term: 6/25/02 to 12/14/02

Museum of the Great Plains Trust Authority: James F. Wood, McMahon Foundation Representative, Term: 7/1/02 to 6/30/05

15.    Consider approval of payroll for the period of June 10 through 23, 2002.

16.    Consider approval of Minutes of Lawton City Council Meetings of June 10, 11, 13 and 17, 2002.

ADDENDUM:

1.    Consider approving the record plat for Lowe's Addition and accepting an easement outside the platted area.

Bob Bigham, City Planner, said staff has been working with Lowe's regarding conveyance of property for the retail store. The Planning Commission at their June 20 special meeting approved this subject to conditions; all of those conditions have been met and staff recommends approval of this plat.

Vincent said we want to accept the easement and he would ask Chuck Wade to look at the corporate title of the bank. Wade responded that he had checked and found it was correct.

BUSINESS ITEMS:

17.    Receive annual report and consider the Lawton Chamber of Commerce's proposed Hotel-Motel Tax Funded Budget for Fiscal Year 2002-2003. Exhibits: Proposed Budget.

Mike Austin, President of the Lawton-Fort Sill Chamber of Commerce and Industry, said each member received a copy of the annual report on June 14 and in it there were eight sections, the first being the executive summary which is the report of activity of the Chamber; second section deals with the financials; third is program of work or the business plan; fourth section shows there were two economic development studies that were identified and copies were provided, one was from Expansion Management magazine and the second was from Blue Chip Job Growth Report from Arizona State University, both of those highlighting Lawton; fifth section is the April newsletter from the Chamber; sixth section is magazine advertisements in Oklahoma Today magazine, Southern Living and American Cowboy; seventh section is Oklahoma Gazette Entertainment Guide and an ad placed there by the Chamber; eighth section is an example of the billboards used across the State.

Austin said highlights of this year's activities were that Court Newkirk was named as the Economic Development Director for the Chamber on November 19. The Chamber achieved one of its long term goals with the passage of the ¼ cent sales tax dedicated to economic development on March 12. The Chamber Economic Development Office over the last 12 months has received 51 requests for information, assistance or formal proposals; there are currently ten active prospect files. Goodyear enlisted the help of the Chamber in securing local and state incentives for a proposed modernization and expansion of the Lawton plant; expansion will increase the plant size by 25% and an anticipated investment of $250 million; modernization will include a new warehouse and production facility and add approximately 100 new jobs.

Austin said Ray Mize of Energetix and members of his staff met with LCCI executive committee members, representatives of Goodyear, Republic and the City of Lawton on October 29 to give a status report on the co-generation plant proposed for Lawton. The project is progressing. Energetix has executed their fourth option on the land in the Lawton Industrial Park securing the property through December 2002. DEQ approved the air quality permit for the project in May, a hearing date has been set for August before an administrative law judge at the Corporation Commission to establish electric prices and the geotechnical soil samples have been completed on the property. Project investors were in Lawton on June 10 to meet with local officials and view the site.

Austin said a seminar on doing business with Goodyear was held on April 30; 46 persons attended representing several local businesses. The economic development partnership of Cameron University, Great Plains Technology Center and LCCI hosted a meeting with the Oklahoma Department of Commerce International Division on February 28; 16 members of the Oklahoma Department of Commerce International Division representing seven countries met with the local businesses. Lawton-Fort Sill partnered with the cities of Frederick, Altus, and Duncan to host a legislative reception on March 13 at the Marriott in Oklahoma City with over 250 in attendance. LCCI's annual Washington, D.C. trip was held March 17-20; 26 community leaders, elected officials and military personnel attended the trip. The annual Coop Trash Off Day was held on April 20 and Lawton-Fort Sill will be recognized as the community collecting the most trash and having the most volunteers working. Almost 50 business leaders, military personnel and state officials participated in the Chamber's trip to Fort Bliss and White Sands Missile Range on April 2-4 as a part of a fact finding mission; the group received military briefings and toured military facilities. LCCI organizes trips of this nature each year to various army posts to familiarize local leaders regarding military initiatives that could prove beneficial to Fort Sill.

Austin said Chamber staff worked with representatives of the Fort Sill Public Affairs Office organizing the agenda for the military session for Leadership Oklahoma Class 15, which occurred November 1-3. The three day session focused entirely on military issues including an in-depth visit regarding the military museum. LCCI sponsored eight legislative breakfasts throughout the 2002 session. Information packets were provided as requested and shown in the report.

Austin said LCCI is requesting an increase in hotel/motel tax allocation for the 2002-2003 budget year from $400,000 to $460,000. He said this request is supported by the City Finance Director as an achievable request; the additional $60,000 is described in three categories, salaries, shared administration and new programs and costs. Austin said LCCI is requesting an increase in salaries of $26,000 for a total of $136,000 for three positions; this is the same amount approved by Council last year that reflected a full year's salary for the economic development director's position. Court Newkirk was not hired until five months into the fiscal year so there are no new positions and no increase in dollars but they are asking back that $26,000 that was given back at the mid-year report.

Austin said LCCI is requesting an increase of $19,000 in shared administration costs or overhead. Sound accounting practice and good business indicate 40% of overhead be allocated to hotel/motel funding. The 40% increase is based on hotel/motel salaries as a percentage of total salaries. Total administration cost for hotel/motel money represents only 12% of the total $460,000 budget being requested. LCCI requests an increase of $15,000 for funding a Lawton image campaign at $9,500 and a shared cost of living expenses and software upgrade for a total of $5,500. Advertising and marketing would decrease by $20,000 to fund a tourism and marketing study. LCCI requests approval of a new draw down procedure allowing for two months advancement in place of the one we now have.

Mayor Powell said the annual report has been received, and the second item is the budget for LCCI.

Devine said Council discussed taking $55,000 from this excess money that goes to the Chamber and to use it for the Museum. Baker said that is from this year's collection as opposed to the future collections.  Mayor Powell said there was $400,000 to the Chamber this year and the projections are from $450,000 to $460,000 will be collected this year, and Moeller's motion was to take the $55,000 out of this excess to be used for the Museum to cover for next year's budget; nothing has been done about if we do collect that much next year. Baker said since $55,000 is being funded next year out of hotel/motel, if you do not do that again next year, then you will have to find that in the general fund budget for the next year. Shanklin said you can add that to the $1.1 million so it will be that much more new money to find next year.

Mayor Powell asked if that is for their request. Baxter said the $460,000 and Shanklin said it was for what the gentleman just told us. Baker said it would be an approved budget of $460,000 or not to exceed actual collections. Devine asked if the Museum would get $55,000 and Mayor Powell said yes. Devine said it would have to be considered again next year.

VOTE ON MOTION: AYE: Shanklin, Baxter, Bass, Devine. NAY: Hanna. ABSTAIN: Moeller. MOTION CARRIED. (*Note: Moeller and Devine passed on initial roll call.)

18.    Consider approving the Landfill Master Plan Report as submitted by Burns & McDonnell as a part of the Landfill Expansion Project #2000-18 for the City of Lawton landfill and authorizing the consultant to proceed with the full overlap option as presented at the May 28, 2002, Council meeting. Exhibits: None.

Ihler said Council received a presentation on May 28 from Burns & McDonnell and the full overlap and no overlap options were discussed. The full overlap option design saves $2-$3 million over the life of the 30 year master plan. This item seeks approval of the landfill master plan report and authorizes the consultant to proceed with the full overlap option as it was presented at that meeting.

19.    Consider setting a date of August 13, 2002, to hold a public hearing and consider an ordinance closing a public easement in Heinz Addition located approximately at 1202 NW 40th Street. Exhibits: Application; Location Map; Council Policy 5-1.

20.    Consider approving the construction plans for waterline, sewerline, street modifications, traffic signal upgrades, and storm drainage improvements to serve the Wal-Mart Supercenter located at NW 67th and Quanah Parker Trailway. Exhibits: Location Map of Waterline, Sewerline, Storm Drainage, and Flumes; Roadway Plan.

Bob Bigham, City Planner, presented a schematic of the area and said this is the largest package of off site infrastructure improvements there has been with any one project. An 8" water line will connect Crosby Park Estates to the 30" line on 67th Street. There are drainage flumes and underground storm drainage. He pointed out various sections of 67th Street and Quanah Parker Trailway that will be reconstructed, along with a total upgrade of traffic signalization. Devine asked how much this will cost the City of Lawton. Bigham said only the review and inspection time; all improvements will be paid for by the developer. Mayor Powell asked if this modification of the intersection will allow for both north and south bound traffic to be able to make a left turn at the same time. Bigham said on the north side there will be dedicated lanes for each direction; the south side will be two lanes.

Baxter said Crosby Park residents receive a lot of run off right now toward their fences; he asked which way the water will go when the asphalt is put in.  Bigham said they can look at the plans to be sure it will not cause a problem for the residents. Mayor Powell said we should be sure it does not create a river in Crosby Park. Baxter suggested the area have a curb and an appropriate slope to carry the water.

21.    Consider setting a date of July 23, 2002, to hold a public hearing to annex approximately 881.2 acres of property into the Corporate limits located within Section 19-T2N-R12W and Section 24-T2N-R13W of IM, Comanche County, Oklahoma, and direct the City Clerk to provide notice as required by State Statute. Exhibits: Map.

22.    Consider setting a date of July 23, 2002, to hold a public hearing to annex approximately 2,553 acres of property into the Corporate limits located within Sections 8, 9, 10, 11, 14, 15, 16 and 17, T1N, R12W, I.M., Comanche County, Oklahoma, and direct the City Clerk to provide notice as required by State Statute. Exhibits: Map.

23.    Consider setting a date of July 23, 2002, to hold a public hearing to annex approximately 291.2 acres of property into the Corporate limits located within Section 31, T1N-R11W, I.M., Sections 5, 6, 7, 8, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 35, and 36, T1N, R12W of I.M., Comanche County, Oklahoma, and direct the City Clerk to provide notice as required by State Statute. Exhibits: Map.

24.    Consider setting a date of July 23, 2002, to hold a public hearing to annex approximately 215.6 acres of property into the Corporate limits located within Section 19-T2N-R12W and Section 24-T2N-R13W of I.M., Comanche County, Oklahoma, and direct the City Clerk to provide notice as required by State Statute. Exhibits: Letter of Request; Map.

Bigham said it may be good to cover Items 21-24 all at one time to set the public hearing date. Mayor Powell said he would like to do that and to let the record show the metes and bounds as described in Items 21, 22, 23 and 24. (shown in titles above) Mayor Powell asked if the only action at this time is to set a public hearing for July 23. Bigham said yes and presented a map showing the four areas.

Bigham said one request is from the J.T. Neal Grandchildren's' Trust to annex an area, so that would be one ordinance, along with a strip of land, and that is one ordinance proposal.  He pointed on a map to Rogers Lane, 82nd Street, Terrace Hills Addition, Primrose Sooner Estates.  Bigham said the second public hearing would be the incorporation of the area surrounded on three sides into the City limits; State law provides that when you surround property by three sides, you can annex that without the consent of the property owners but that does throw the public hearing process into play and that is the reason for setting the public hearing because we are considering annexing without the consent of the property owners.

Hanna asked how far out they were going on the annexation. Bigham said 112th Street. Hanna said he thought they were going to Deyo Mission Road. Bigham said if Council wishes to provide different direction, we can certainly alter the plan. Hanna said it was his understanding when they first talked about it that they would go to Deyo Mission, and he asked how far they were going on the east side. Bigham said this is west Lawton and the map does not show anything on the east side. Devine asked if they were going to do anything in east Lawton. Bigham said not with this proposal, but it can be done with a different public hearing process. Hanna asked if they could go from Rogers Lane to Deyo Mission Road to Baseline Road. Bigham said it is not in this proposal; if the Council wishes to provide different direction on the annexation proposal, they can certainly do that. Hanna said he would. Bigham pointed to Quanah Parker Highway and the S curve being contracted by ODOT noting there may be considerable development pressures within that area so at a minimum need, that area needs to be annexed; it excludes Wichita Ridge Part 1 and this section of Pecan Valley, and it is a proposal to annex undeveloped land because it may receive development pressures in the near future.

Bigham said the second proposal is to annex 200 acres of the landfill, all of Tinney Road, a strip up Sheridan Road and Woodlawn Road and a portion of 82nd Street. The next ordinance would be the in-fill ordinance, and in this case surrounded on four sides, annexing four square miles.  Bigham said the landfill and the strip will be one ordinance, and the second ordinance will be the in-fill. He said when property is annexed without the consent of the property owners, we have to have at least the consent of the majority of acres, and in this case, we are using the 200 acres of the landfill to create this strip; this is the majority of acres, and in the other case, we have Larry Neal and Mike Mayhall representing the Trust, and we need to keep that in mind as we start looking at annexing very large acreages of land, such as to Deyo Mission Road down to Baseline.

 

Hanna asked about from Fort Sill to Trail Road back to Baseline on the east side. Bigham said we would still need the majority of acres consenting to the annexation. Bigham said we did keep in reserve a considerable number of acres at the landfill that we can use and we are looking at doing this in phases.

Shanklin asked if any of the land is in a rural water district. Bigham said that is one of the reasons staff is recommending the annexation. He pointed to a three and a half square mile tract stating it is not in any rural water district; he pointed to another tract stating it is with the Cotton County Rural Water District #2 area; he pointed to another tract stating it is served by the CKT Water Association, but they are not a rural water district under the State Statutes. A gentleman spoke from the audience in this regard. Mayor Powell asked if he was referring to the west 80 acres adjacent to 82nd Street.

Vincent said Cotton County #2 deannexed all of the property north of Woodlawn Road, except for the half section immediately east of 82nd Street; they have three service customers there. Shanklin asked how people petition to get out of a rural water district or can they. Vincent said they go through a deannexation process similar to what we are doing with the annexation process and it goes to a vote.

Bigham said Cotton County #2 jurisdiction is in Cotton County and under those commissioners. Vincent said the county commissioners are the ones to approve the annexation and deannexation both within and without the county; CKT is in the process of applying to go from a private water association to a rural water district and we have worked out arrangements with CKT and will be bringing them back that they will not annex as a rural water district anything that we are attempting to annex. CKT is Comanche, Kiowa and Tillman, but right now it is a private association.

25.    Consider adopting a resolution designating places and times within municipal jurisdiction to discharge fireworks on July 4, 2002. Exhibits: Resolution No. 02-105.

Kim Shahan, Parks & Recreation Director, said the request each year from the citizens is to discharge fireworks and it has been permitted by City Council in the past at certain locations at Lakes Lawtonka and Ellsworth as shown in the agenda item. Staff recommends not allowing discharge of fireworks at the locations shown.  Devine asked if these were the same places it was allowed last year. Shahan said yes. Devine said he did not see how they could allow sale without allowing a place for discharge.

Robert Ryans said he has a boathouse at Lake Ellsworth, and he and other boathouse owners were asking permission to fire the fireworks off of their boathouses over the lake, which is the Chandler Creek area and their boathouse is just to the west of the police launch. He said they would like to be able to do the fireworks off the backs of their boathouses rather than having to go some place else to do it. Ryans said there are usually six or seven families that like to do their fireworks on the boathouses.

Shanklin offered a substitute motion to approve the seven places plus Mr. Ryans' desire to fire them off of that one area of boathouses; he is the one that has to worry about burning it down, he's on the water and will not be lacking water if he sets it on fire, so move we adopt that. There was no second.

Hanna said other boathouse owners may wish to do this also. Mayor Powell said the substitute motion is to allow them to shoot them, plus the ones as Mr. Ryans has described, him and about seven others, and they did not know who those seven others are but they are in that area, and asked if that was correct. Shanklin asked if they wanted to allow all fireworks to be shot at all boathouses and offered a motion that all boathouses at Ellsworth be added as #8 to the other 7. There was no second.

Bass asked why they would exclude Lake Lawtonka. Shanklin said they are too close together. Baxter said it is picking and choosing. Shanklin said it is more danger there and it is not as dangerous at Ellsworth. Mayor Powell said we have a motion to let everyone do it at Lake Ellsworth and not at Lake Lawtonka.

Mayor Powell said the motion is to allow them to shoot fireworks anywhere they want to at the lakes. Shanklin said at the boathouses and in these seven areas.

VOTE ON MOTION: AYE: Bass, Hanna, Moeller, Baxter. NAY: Devine. ABSTAIN: Shanklin.

Shanklin changed his vote to yes with the note that he would allow it but that he would be present to see the first boathouse burn down.  MOTION CARRIED.

(Title)        Resolution No. 02-105

A resolution designating the places and times within the municipal jurisdiction in which fireworks may be discharged on July 4, 2002.  Place: Lake Lawtonka - (1) Robinson's Landing ball field, (2) North Recreation day use area; (3) From Lawton Boat Club north and to include Group Use I area; (4) boathouses.  Lake Ellsworth: (5) Fisherman's Cove from road to Lake; (6) Ralph's Resort from railroad tracks to dam; (7) Chandler Creek camping area; (8) Collier Landing camping area; (9) boathouses.  Times are from Noon to 11 p.m. on July 4, 2002.

26.    Consider rejecting the bid received from Goodwill Industries of Southwest Oklahoma, Inc. for the CDBG MedTrans Project authorized in the City of Lawton Consolidated One-Year Action Plan for FFY 2002 (July 1, 2002 thru June 30, 2003). Exhibits: None.

27.    Consider approving an agreement with Goodwill Industries of Southwest Oklahoma, Inc. to conduct the CDBG MedTrans Project authorized in the City of Lawton Consolidated One-Year Action Plan for FFY 2002 (July 1, 2002 thru June 30, 2003). Exhibits: Request to make a sole source procurement - MedTrans Project ID 0006-2002.

Devine said a vehicle was bought when Meet the Needs was doing this and asked if it would be transferred to Goodwill. Tom Aplin said he was not aware of a vehicle being purchased by Meet the Needs with CDBG funding. Devine said it was purchased through MedTrans with that money. Aplin said if they used the CDBG dollars that were allocated for MedTrans, then that property will revert to the City of Lawton and can in fact be transferred to Goodwill Industries, but he was not aware they had done that. Baker said the City purchased one and it will be City property; Goodwill has their own buses and will not be using the City's; previously the City had supplied one and the contractor supplied the other.

VOTE ON MOTION: AYE: Shanklin, Baxter, Bass, Hanna, Devine. NAY: None. OUT: Moeller. MOTION CARRIED.

28.    Consider terminating euthanization agreements with the following surrounding communities effective June 30, 2002: Town of Apache, City of Cache, City of Grandfield, and Town of Geronimo. Exhibits: Proposed Letter.

Mayor Powell said an Apache city official has asked if the prices could be increased and the service remain.  

Jerry Ihler said an impact statement was provided during budget review as to six or seven services that would need to be discontinued if the kennel assistant was deleted, and this is one of the services. He said the listed communities bring about 300 animals per year for euthanization and disposal. Staff is looking at the current $10 per animal charge. Shanklin said 300 animals per year may amount to one a day, and maybe this position needs to be filled and the rest of them get fired because it is the one doing the work.

Ihler said this function alone would not require retaining the position, but there are six or seven items to be considered with future agenda items.

Baxter asked how many animals from Lawton are euthanized each year. Ihler said approximately 5,000.  Baxter said they already do about six per day so one more did not seem too much of a problem. Ihler said we could do so; it takes two people approximately 15 minutes to euthanize an animal, especially if they have to tranquilize the animal to calm it down first. Baxter said these little towns are our friends, one buys water from us already and maybe in the future a couple more will, but we need to keep a working relationship with them. Ihler said if Council desires to continue the service, he would recommend looking at revising the current fee of $10; vets charge $50 to $70, depending on the size of the animal. Baxter said he did not have a problem with raising the fee but he wanted to provide the service.

Baker said the contracts expire June 30 and he had asked Ihler to compute our costs to provide the service, and Ihler had advised that certain services would be impacted by not having the kennel assistant. Baker said he asked Ihler to look at things we are doing for citizens outside of Lawton before cutting services to Lawtonians, and this is one that takes some time; in and of itself it is not that much, but when you combine it with a lot of other services, it takes time. Baker said the contracts will expire June 30 and he was planning to tell the communities that we are looking at the fees for the service and as soon as an equitable amount is determined, we will be back in contact with them and a contract can be returned to Council.

Mayor Powell asked if we can continue to provide the service until that comes back.

Hanna asked if that means we will have to hire this kennel assistant back. Ihler said no. Hanna said he could not see the citizens of Lawton paying to hire a kennel assistant to help the outside people. Ihler said the kennel assistant also went to about six veterinarians and picked up the dead animals from their freezers probably two or three times a week, which takes six hours or so, and when you add all of the items up that we recommended we would have to do away with and the impact statement, the sum total of those caused us to do that; this alone does not.  Bass asked what the vets are charged for the service. Ihler said he thought it was $15 per run, and they would look at those charges also.

Baker asked if there is a provision for the contracts to be automatically renewed if they are not terminated. Ihler said he did not think so; the contracts allows for a 30 day termination and an alternative would be to approve the agreements and give a 30 day termination notice later if needed, and he did not know if that could be done with this item. Vincent said the Council can approve the agreements. Baxter asked if an agreement can be brought back with a larger rate. Mayor Powell said Baker has asked for the study and the motion is to not terminate the contracts and bring back the rate study and act on it then.

VOTE ON MOTION: AYE: Shanklin, Moeller, Baxter, Bass. NAY: Hanna. ABSTAIN: Devine. MOTION CARRIED.

29.    Consider receiving a report regarding the status of the Southeast Water Treatment Plant Project. Exhibits: None.

Ihler said $3 million was included in the 2000 CIP for the SE Water Treatment Plant design, land acquisition, right of way, and easements for the transmission mains into central and east Lawton.  He presented a slide of the proposed plant location as it relates to the entire water system, including Lake Lawtonka and the Medicine Park Treatment Plant; Lake Ellsworth, and down to the southeast is Lake Waurika. The proposed site for the SE Plant is at SE 15th Street and Coombs Road, and water from Lake Ellsworth can gravity flow to that site. Water from Lake Waurika can be pumped to the SE Plant and by-pass the Lawton re-lift station. Lake Ellsworth would be the primary water source for the SE Plant, and then Lake Waurika.

Shanklin said Ramon John buys raw water from that line and asked how the line is filled and if it was from leakage from Lake Ellsworth. Ihler said it is Ellsworth water. Devine asked if a valve is opened to allow for that. Shanklin said there may be enough leakage or it may go through the sluice gate. Ihler said we put in a new sluice gate and we open it to have enough water in there for him to use it; once it gets through there it does not go anywhere, it just fills the line and he uses it.

Ihler said there are two proposed transmission lines, one is a 24" line that would go east to Flower Mound Road and then three miles north to Gore Boulevard; and a 48" line that would go two miles to 11th Street, north to Bishop Road then over to Sheridan Road and tie into the 30" on Sheridan at Lee Blvd.

Ihler said Council awarded a contract in March 2002 to CH2M Hill and a notice to proceed with issued on May 1, 2002. In the late 1980's we looked at the SE Plant and did a pilot study related to the water quality of Lakes Ellsworth and Waurika and all of that data has been provided to CH2M Hill; they are analyzing the water quality to evaluate different treatment processes with the existing quality of the water, including the potential for membrane technology which is the state of the art technology in the water area. They also did an evaluation of the Waurika pump station and Lawton re-lift station and confirmed we will be able to pump from Lake Waurika to the proposed SE Plant site without having to pump again from the Lawton re-lift station; we will be able to construct a by-pass around the re-lift station so it will just need to be pumped once to get from Waurika to the SE Plant.

Ihler said a workshop will be scheduled for the later part of July to reaffirm our primary goals and objectives; the main issues will be the water quality as they analyze the data, and what the initial size of the plant needs to be, whether it will be 10 or 15 mgd, and how that relates to the total, ultimate capacity of the plant site 50 years out. Ihler said the design of the transmission mains was taken out of CH2M Hill's contract, and will be done in-house, saving about $650,000.

Ihler said the City Attorney's office was asked to proceed with acquiring the plant site and the favorable site is owned by the School Land Commission, which is interested in the City cleaning up and restoring the old, abandoned wastewater treatment plant site. The School Land Commission requested that before they will consider the proposed plant site that we move along favorably with cleaning up the abandoned wastewater plant site. In 1978 when the wastewater plant was closed, they locked the gate and moved into the new plant without properly closing the old plant. Phases one and two environmental assessments have been done, and plans and specifications are prepared for the remediation, demolition and clean up of the old wastewater site but funding is not available to bid the project. Shanklin said he thought we were going to get some funds from somebody. Mayor Powell said no one has ever come through. Ihler said we looked at some brownsfields grants and one firm was working with ASCOG and we hired one to submit grant applications but we were not successful in receiving grant funding for the project.

Shanklin asked the estimate of the cost of getting the land and cleaning up the old site. Ihler said the consultant's estimate was between $350,000 to $400,000. Shanklin said that is another $1 on the water bill. Ihler said it could be incorporated as part of the SE Plant project since they are tied together as far as land acquisition and site location. Mayor Powell asked if they anticipated any problems acquiring the site. Ihler said what they told us is that as long as we have been making favorable progress in cleaning that site up, he would hope we would make some type of a commitment as we come forward with the funding for the SE Plant that we will have funding for cleaning up that site also. Ihler said he really could not answer that but it does not appear there will be a problem.

Vincent said they are tying the projects together to make sure we proceed favorably on cleaning up the abandoned site. Mayor Powell said we should expedite that because water may be needed to support any future industrial expansion. Ihler said the original schedule showed we would start the design process this time next year and Council authorized them to proceed earlier so they would finish earlier.

Devine said we hold citizens' feet to the fire to make them clean up their messes in their properties and we are sitting out here with something we cannot even take care of ourselves.

Mayor Powell said all of these agencies promise things and encourage us to participate in their programs, such as ASCOG, and we have not received anything from them, so we need to pursue that because the pump station on the west side of Lawton was denied and keep the hot lines going on that.

30.    Consider adopting an ordinance amending Section 22-218, Article 2, Division 1, Chapter 22, Lawton City Code, 1995, relating to utilities; deleting outside water contracts from the list of activities exempted from water restrictions; and declare an emergency. Exhibits: Ordinance 02-21.

Vincent said in the review of the water code and rates, they came across Section 22-218, Subsection D4, that exempted certain entities from mandatory water rationing if ordered by the Mayor and Council. He said State Statute says if we enter into outside water sales contracts that the contracts shall provide the persons or public or private entities outside the corporate limits of the municipality shall be subject to a rationing program. He recommended adoption of the ordinance bringing it into compliance.

(Title read aloud)    Ordinance No. 02-21

An ordinance pertaining to utilities, amending Section 22-218, Article 2, Division 1, Chapter 22, Lawton City Code, 1995, deleting outside water sales contracts from the list of activities exempted from water restrictions, and declaring an emergency.

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

31.    Consider an ordinance relating to Personnel Policies and Procedures, Retirement and Pension, amending Chapter 17, Article 3, Division 4, Lawton City Code, 1995, amending the contribution rate of the City and the members of the Retirement System and declaring an emergency. Exhibits: Ordinance No. 02-____; Letter from Pension Commission.

Livingston said every two years the general employee retirement system has an actuarial study performed regarding the adequacy of the funding and financial condition of the fund. The last actuarial study indicated a need for a 5% increase to maintain full funding. The Commissioners wrote a letter to the Council stating this and asking for a 2% increase, and as the background indicates, we did not feel we could fund it in this year's budget but we did include $142,000 which was enough to raise the City's contribution from 6.12%, which is the current rate, to 7% for the City; and the employees would raise their rates from 4% to 4.55%.

Shanklin said we have given 30 and 40% increases and he assumed this was $142,000 and asked if that was the City's part or both people's part. Livingston said the $142,000 is the City of Lawton's part. Shanklin asked if that is in the budget. Livingston said it is in next year's budget. Shanklin asked if from 4% to 4.55% is the City employee portion. Livingston yes, but that is not in the $142,000. Shanklin asked how much it is going to cost the taxpayers. Livingston said $142,000. Shanklin asked if that was one on one, 1% each. Baxter said they did not do one on one, it is even worse than that. Shanklin said he could not do that, he had already laid down and played dead and he could not do that.

Baxter said it was recommended that it be 5% then it was re-recommended that it be 1% for the City and 1% for the employees, and by the time they got finished it was .88 for the City and .55 for the employees and that was going the wrong direction to balance something.

Livingston said in trying to come up with a fair relationship as far as the current contribution rate, first we determined that the rate for the City, the 7.0%, if you take the City's current contribution to the pension fund and add what the City pays for the employee's FICA or Social  Security, you get a rate that is right at 13%, which is the same rate that you are now contributing for the MediCare portion of FICA for the bargaining units and their 13% rate for pension contributions, you give a 13% pension contribution to the bargaining units. What you are doing here with the 7% is contributing the same amount for both forms of Social Security and pension as you are with the bargaining unit. The 4.55% was derived simply by saying that the established rate that has been in existence for the pension fund for years and years has been the relationship between 6.12% and 4%, and the 4.55% maintains that current contribution relationship. Baxter said your math is not very good if you believe that. Baxter said 6.12 to 7 is .88; 4.00 to 4.55 is .55, and .55 does not equal .88 in any form or fashion. Livingston asked if Baxter was saying it does not maintain the relationship between 4 to 6.12. Baxter said it is not a one versus one, and he was giving 80% and they were giving 50%. Livingston said that is right, and the point is that the 6.12 as it relates to 4, the 7.0 relates to 4.55%; it maintains the same contribution relationship. Baxter asked what happened to the one for one and Livingston said there was no way we could do one.

Devine asked how much money we have in the pension fund. Livingston said it is about $24 million. Devine asked if the money was invested and Livingston said yes. Devine asked why they were not drawing enough interest to cover this. Livingston said you draw a considerable amount of interest on $24 million, but the pension fund has a number of retirees, the pension fund is becoming mature, it was established in about 1971. Livingston said the actuarial study figures out how many people will retire, they consider the age of all the employees and the retirement benefit and when people can retire and they factor those things in so the retirement system is actuarially studied. Livingston said recently we have been able to maintain a 6% or 7% investment but lately as we have some of the investments maturing we are only being able to get 4% of something of that nature. Livingston said this fund is invested in a lot of Jinnie Mae's and Fannie Mae's and government obligations that are guaranteed, and these pools, as people refinance their homes, these pools begin to get a shorter life where we used to figure a 12-13 year pool life, as interest goes down, your pool life goes down to 7% and they get re-pooled and they are called in and paid off.

Bass said on the 4% to 4.55%, what does that cost total. Livingston said he did not figure the total amount of income into the retirement system but it would probably be a little less than $70,000; if the fund is $142,000 going from 6.12% to 7%, and 88% and you are going up 55%, it is probably about $80,000. Shanklin said he would like to table this and get the figures right on the nose.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER

Moeller congratulated Col. Puckett on his recent promotion.

Bass asked if we are anywhere close to getting the 38th Street project started. Ihler said the environmental clearance has not been received and it is required before proceeding with right of way acquisition; the consultant is preparing the final design and a date has not been set for a bid letting. Bass asked if there was any projected calendar date. Ihler will verify a bid letting date projection.

The following portion is inserted verbatim as follows for the record:

"Shanklin: Well, Council, I'm having a little problem with Neighborhood Services. Getting any action or getting any information out of them and about four or five weeks ago I turned in two addresses, checked about two weeks later and they didn't have anything on it. It went to Mr. Baker and Mr. Baker said I'd see or hear something the next day and that's been two weeks ago, wasn't it. Yeah, it was two weeks ago, yeah. And then I went in again after that and I was going to get something and here it is on the, they sent it to me, I still have never heard anything on those two addresses, not one thing. I did see a red sticker on that one vehicle, yes, but I have never been told anything. Is that going to be our practice that we can't get nothing out of them? Because if we can't, we need to think about it, Council. Because I know there's four or five of us that are interested in trying to clean up our city and see that, our alleys are atrocious, I don't understand, we were going to be on a computer, if that house was like that last year, we don't have to go to legal, all we have to do is look that up and send those people that word. And the other thing is, we're not asking to give, write a citation. If they see a complaint's been turned in, I don't understand that they have to go over and get the legal and find out who it is to send them a letter. Why don't we have a form of some kind that says, hey, citizen, this is against our code and ordinances that you park your vehicle or you clean your alley, that alley back there is theirs, instead of wasting our time going over there and laying around in the court house all day long on legal day looking up something that's not necessary. It absolutely, there's a good article in the Daily Oklahoman, I think it was yesterday and they were talking about what we're talking about right now. Did you see it? Did anybody see it in the Daily Oklahoman?

Mayor: I saw it.

Shanklin: OK. It was a good article. Yes. A great number of the people they alluded to, as soon as they are told that they're in violation of some code or ordinance, they do it themselves. Yet you are going to have those that are going to ignore you, and they have here on this list they have been contacted. That's got to be streamlined. It just needs to be. And I understand you put Mr. Mitchell. (inaudible comment from Mitchell) Yes sir, well that's good enough for me, tomorrow, but I mean, I think we ought to be able to sit down and explain our concerns to someone and see because to be, quite frankly I'm getting irritated, I mean highly irritated.

Mayor:  OK. Point well taken. Mr. Hanna."  (end verbatim portion)

Mayor Powell said on Haywood's behalf, they had a great Juneteenth Celebration.

Mayor Powell said a point of clarification and he did support it but he was not the initiator of the annexation items as was stated in the paper, and that was justified because it did say that in the agenda book and he was not accusing anyone but he was not the initiator on that at all, however, he was completely aware of it and he did support it 100%.

Mayor Powell said the other thing is there was something going around that he was trying to get a pay raise for everybody across the board and he wanted to clarify that very clearly, his only statement was that if one gets a raise, they all get a raise, justification and equalization, pretty simple deal and that was it; he never fought for a raise for fire or for police or for general; his only statement was if one gets a raise, they all get a raise. Shanklin asked if the Mayor made that statement in a meeting. Mayor Powell said he had made that statement to anybody that has talked to him, he made it in the past and will make it in the future and will support it and he has people that will support that. Devine said the last time they had to deal with the fire contract it cost $500,000. Shanklin said Devine also said he would not raise water. Mayor Powell said he did not initiate this to start an argument and did it for a point of clarification.

BUSINESS ITEM:

32.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the pending litigation of K-Mart Corporation, et al, in U.S. Bankruptcy Court for the Northern District of Illinois Eastern Division, regarding the City of Lawton, and if necessary, take appropriate action in open session. Exhibits: None.

33.    Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in executive session to discuss negotiations for an Employment Agreement for FY 2002-2003 between IUPA, Local 24, and the City of Lawton, and take appropriate action in open session if necessary.

34.    Pursuant to Section 307B.1, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the continued employment of Brenda M. Smith as City Clerk, and in open session, consider approving an Employment Agreement of Brenda M. Smith as City Clerk and authorize the Mayor and Deputy City Clerk to execute the agreement. Exhibits: Summary.

35.    Pursuant to Section 307B.1, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the continued employment of John H. Vincent as City Attorney, and in open session, consider approving an employment agreement of John H. Vincent as City Attorney and authorize the Mayor and City Clerk to execute the agreement. Exhibits: Summary.

The Mayor and Council convened in executive session at approximately 8:10 p.m. and reconvened in regular, open session at approximately 8:25 p.m. with roll call reflecting all members present except Ewing-Holmstrom and Haywood.

Vincent reported on Item 32, pursuant to Section 307B.4 of Title 25, Oklahoma Statutes, the Council convened in executive session to discuss the pending litigation of K-Mart Corporation, et al, in the United States Bankruptcy Court. The item was discussed and no action is required at this time.

Vincent reported on Item 33, pursuant to Section 307B.2 of Title 25, Oklahoma, Statutes, we did convene in executive session to discuss negotiations for an employment agreement for the FY 2002-2003 contract with the International Union of Police Associations, Local 24. Staff would recommend two motions; the first motion is to approve a resolution extending the current contract until a new agreement is negotiated.

(Title)        Resolution No. 02-106

A resolution extending the provisions of the FY 2000-2002 Collective Bargaining Agreement between the City of Lawton and the International Union of Police Associations, Local 24, for the period of July 1, 2002, through June 30, 2003, for the administration of the day to day personnel issues, pay and benefits of the full time commissioned members of the City of Lawton Police Department excluding the Chief of Police, the Assistant Chief of Police, and Recruit Police Officers.

Vincent said the second item would be to approve the proposed contract as set out in the Union's revised counter proposal dated June 17, 2002 and received by Council on June 25th.

Mayor Powell said regarding Item 34, pursuant to Section 307B.1, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the continued employment of Brenda M. Smith as City Clerk and in open session consider approving an employment agreement of Brenda M. Smith as City Clerk and authorize the Mayor and Deputy City Clerk to execute the agreement. Mayor Powell said he would like to explain the reason for this action here so that nobody will jump to any other type of conclusion, we do have two council members absent this evening and he requested the action as is so that all members can be present for the action and would entertain a motion to extend these contracts for 30 days.

Mayor Powell said regarding Item 35, pursuant to Section 307B.1, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the continued employment of John H. Vincent as City Attorney and in open session consider approving an employment agreement of John H. Vincent as City Attorney and authorize the Mayor and City Clerk to execute the agreement. He said the same thing applies to this and he did not want anybody to read anything into it other than the facts and would entertain a motion to extend the contract for 30 days.

The following portion is inserted verbatim:

"Mayor: There's one thing I do need some clarification on before we leave this meeting here this evening and it goes back to the Lawton Water Authority meeting, number two, item number two, consider a resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995, as amended, increasing the rate of water service and establishing an effective date. And I've got to sign this thing, it's going to be on my table in the morning. What 22-114 says on special contracts for large volume customers to be determined by negotiations between the parties. Now I'm going to have a hard time signing and I don't mind telling you in the morning because when it says one thing in the resolution and you took action on something else, now how do we get out of it?

Shanklin: (inaudible)

Mayor:  Sir?

Vincent: Sir, the action on item number one was to establish the cost.

Mayor: I'm talking about number two.

Vincent: Number two was the rate structure and the Code provides in Section 22-114 that large volume customers that the rate will be negotiated.

Mayor: That's exactly what it says right here on...

Shanklin: (inaudible)

Vincent: You adopted the cost, Mr. Shanklin, you did not adopt...

Shanklin: (inaudible)

Mayor: I'm just telling you I'm having a hard time with this thing here, not by, I'm not going to argue about anything except one thing but when I read in here where it says special contracts for large volume customers that's on this resolution right here that you took action on number two and it says determined by negotiations between parties and that has not happened so why are you asking me to sign something that is illegal?

Shanklin: Well, we changed that and my verbiage that we changed that because I said we're not going to go into a negotiation behind some closed door and change it from what that report said so that negated that, that negotiation. We've given it to them.

Vincent: It could be higher than the $1.04, Mr. Shanklin, the negotiations.

Shanklin: No, I'm not going to play your game.

Bass: I think you should take that out of there.

Vincent: Then we have to amend the code because the code provides that for large volume users that it would be negotiated.

Bass: I saw it in there.

Shanklin: I read it, that's what set my hair on fire.

Mayor: Well, if it's in the code, what's bothering me is it says right down there who's supposed to sign this thing.

Vincent: You're just signing something that's in conformance with the City Code.

Mayor: Convince me of that all day tomorrow.

Vincent: I'll show you or I'll show you Thursday.

Mayor:  Well, I'll assure you right now I will not sign that until you show me where, that's either got to be taken out because there has not been any negotiations between this body and Fort Sill or this body and Goodyear and this body and Republic Paper Company.

Shanklin: Those shouldn't have had to been anyway.

Mayor: Sir?

Shanklin: We adopted the Black & Veatch report.

Mayor: We've done that and that's OK. I don't see any problem with that whatsoever, but however, this, in my opinion, Bob, should have been taken out of there because you're asking...

Shanklin: I thought I took it out by what I said to and got a second from Mr. Bass, we took that out, as far as I'm concerned when we mentioned the fact that we're not going to go into negotiations, that we're going to adopt this $1.04 that that took that out and you come back and said something about Goodyear and then when you want to bring back Goodyear, when they've had those tire sales out there, they don't collect sales tax for Lawton, Oklahoma, so when did they finally decide to come into the city limits? See, you're planning a game that the rest of us don't know.

Mayor: Who are you talking about, Bob?

Shanklin: Well, I'm looking at Mr. Vincent and you, I guess.

Mayor: Well, don't include me in that because I'm reading right here what it says...

Shanklin: Well, I don't know. I didn't put that in there.

Mayor: I'm reading right here.

Shanklin: I didn't put it in there, they didn't like it. Evidently the majority of Council didn't.

Mayor: It's right here in the book.

Shanklin: You can work and see if you can get these two to bring it back...

Mayor: I'm not going to work with anything but what I am asking for is something legal for me to sign. That's all I'm asking for.

Shanklin: All we did, whenever we adopted this Black & Veatch, that negated that negotiation right there, because there's nothing to negotiate.

Mayor: I'm sitting here with the City Attorney saying that that ...

Shanklin: Well, I'll check one here very shortly, very, very shortly.

Mayor: What are we going to do with this, John?

Vincent: Mr. Mayor...

Shanklin: Why didn't he say something whenever we were doing it?

Vincent: I did say that, Mr. Shanklin. I told you when you were talking about item number one under the Water Authority you were talking cost, not rate. I have said that since the beginning of these discussions both here and in the rate committee.

Shanklin: What is the difference to you, the cost and...

Vincent: The cost is the amount of money it costs the City to put a thousand gallons of water to a particular point in the City. That is not necessarily the rate that you are going to charge. It can't be less than that rate but it could be higher than that.

Shanklin: And that's where we were cutting those three entities slack by selling it to it at our cost by Black & Veatch.

Bass: I've got a question. Are you saying $1.04 is not our cost to get the water to Republic, Goodyear and Fort Sill? Are you saying $1.04 is not the cost to get the water to Fort Sill, Republic and Goodyear?

Vincent: I am saying that $1.04 is the cost to get it to Republic. Goodyear and Fort Sill are still under question based on things that they've asked us to look into.

Shanklin: Well, let them look into it.

Vincent: And you all went ahead and adopted it and said if those questions, actually you adopted $1.04 for Republic, $1.26 for Goodyear, I don't have those numbers right here.

Shanklin: I just want out of any lawsuit. I don't care if you change it back.

Bass:  $1.04, $1.26 and $1.31, is that what you're talking about?

Vincent: That's what you adopted.

Shanklin: I'm going to get you one.

Bass: So now you're trying to change it in number two?

Vincent: No sir, all this says is that if, once we go in to sit down with these people, you've established the rate for Republic, for example, a minimum rate of $1.04 as the cost of putting a thousand gallons there. We can sit down with Republic, hypothetically, and negotiate $1.10.

Devine: Or sixty-five.

Vincent: No sir, cannot be below $1.04.

Bass: By law...

Shanklin: OK, we've got it there, so if they want to be...

Vincent: We can take this line out of the, out of the resolution. That line is not mandatory in the resolution.

Baxter: That's what he's after.

Mayor: That's all I'm asking for. I'm not going to sign that with that in there because it tells you very specifically, special contracts with large volume customers determined by negotiation.

Devine:  Do we have to make a motion to do that?

Vincent: No.

Mayor: I don't' know.

Vincent: No.

Mayor: OK.  Entertain a motion for adjournment.

Baxter: I'll take a motion to adjourn.

Devine: You know what, I don't want to, just, I agree with you here. I wouldn't sign that and I don't think you can just strike something out of there without the majority of the Council voting on it. I just don't believe you can do that. I'm not real smart about this stuff but I just don't think you can go in there and start striking stuff out because you don't like it.

Mayor: That Council's already acted on.

Devine:  Then it has to be taken out of there.

Vincent: If the Council feels uncomfortable with that, you can ask for, since this is still the same meeting on the same night, reconsider item number two and strike that line out of the resolution.

Devine: I'd make a motion to....

Mayor: I've got to open that, the Lawton Water Authority meeting.

Baxter: Do we have to adjourn the other one first?

Mayor: Yes."  (end verbatim portion)

There being no further business, the meeting adjourned at 8:35 p.m. upon motion, second and roll call vote.