Meeting of 1999-8-17 Special Meeting


MINUTES
SPECIAL CALLED MEETING
LAWTON CITY COUNCIL
AUGUST 17, 1999 - 5:30 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor Cecil E. Powell,    Also Present:
Presiding    Bill Baker, City Manager
    Frank Jensen, Deputy, City Attorney
    Brenda Smith, City Clerk
    
The meeting was called to order at 5:30 p.m. by Mayor Powell.  Notice of meeting and agenda were posted on the City Hall notice board as required by State Law.

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

ABSENT:    None.

BUSINESS ITEM:

1.    Discuss the proposed Capital Improvements Program (CIP) and provide appropriate direction with regard to the program. Exhibits: None.

Mayor Powell said a general consensus was reached at the last meeting as to the things that would be on the CIP and ad valorem programs. Since that time, there have been a lot of articles written on the Southeast Water Treatment Plant. He asked if Council preferred to leave the list as it is or to discuss a Southeast Water Treatment Plant.  Williams suggested that comments be received on the plant.

Baker said Murray Fleming, CH2M Hill, is present to answer questions regarding all of the issues he and his firm studied regarding water plants. Purcell said when Fleming did the study, using the Medicine Park plant, the cost of $18.2 million was given for bringing it up to 35 mgd using chlorine, and using ozone it would be $25.8 million. He asked if the recommendation was to go to ozone.

Fleming said yes, it is chlorine dioxide, which is a little different from chlorine, and the numbers mentioned were only the capital costs. He said the capital cost is not the whole story because you must look at years and years of operation, and the chemical cost for the chlorine dioxide option over a 20 year period make the two options a dead heat, and you can pay less capital and higher operation and maintenance for 20 years. Fleming said both options were identical in cost in his opinion and that he would recommend ozone due to the other benefits associated with ozone, which is a little better from a treatment standpoint although both will do the job. He said the customer would pay exactly the same for either option; they would pay the amortization on the capital or pay a lower amortization and a higher operation and maintenance. Fleming said ozone has fewer by-products created, versus the chlorine dioxide. Chlorine dioxide would combine with chlorides in the water and cause other difficulties that must be dealt with during treatment; ozone does not cause that difficulty and it is cleaner from a treatment standpoint.

Purcell said Council had been hearing that the difference between building the Southeast Plant and doing it all at Medicine Park was only $9 million additional cost upfront, and basically it is not; if the ozone method is chosen it is $16.8 million additional cost. He said he had no problem with the Southeast Plant, but it would not be $9 million additional, it would be $16.8 million additional.

Mayor Powell asked that the City Manager tell the Council about the staff study that was done this afternoon.

Baker said he and staff met this afternoon and looked at the costs involved with the water treatment plant; Council had voted to go with the $35.5 million but if Council wanted to reconsider, staff wanted to be prepared with some numbers. If you look at the ozone option that Fleming talked about, you are looking at adding $10.3 million to the sales tax and $6.2 million to the ad valorem and Purcell is correct that it is about $16.5 million difference if you go with the ozone option as recommended by the consultant and Public Works. Smith noted the $16.5 million difference is in place if you build the Southeast Plant as opposed to having it all at Medicine Park. Baker agreed it is if you elect to build a Southeast Plant and to go with ozone at Medicine Park and the Southeast Plant, ozone at both locations.

Baker said staff brain stormed the options, and one option that is new and unique, and it was not Baker's idea, but one option is to proceed with the renovation at Medicine Park to meet the federal regulations, and increase the capacity by 5 mgd, bringing it to a design capacity of 40 mgd and we think we can do that for $30 million. In addition, Council could decide to build a Southeast Plant in the future and provide approximately $3 million in this CIP to buy the land, do the design and purchase the necessary easements for the transmission lines. The original design of the Southeast Plant provided for a transmission line to come into town and go west to Sheridan and Lee Boulevard, but to plan for the future, it would be wise for the City to buy the easements to go to the east part of town and get that purchased. He said for the money you would have with a 1.25% 5-year sales tax, and an approximately 10 mil ad valorem, you could upgrade the Medicine Park facility to meet all federal requirements, get an additional 5 mgd, which would give time and accommodate growth of the City, and put in $3 million to do everything needed to be prepared to go out for construction of the SE Plant, and then see how the City grows; if we experience a boom and our population soars, then we would go back to the electorate soon to finance the SE Plant; if the growth does not occur, then we have time and might even be able to put the SE Plant in the next CIP. Baker said we would probably want to hold up on the design until the end of this next CIP period so that we do not end up with a design that is obsolete and one that we can go on the street with to get construction bids and build the plant.

Mayor Powell said he certainly thought the Council would be cheated if it had not heard that because staff put considerable time and thought into it, and it is another option for Council to hear and look at.

Purcell asked what was needed to get to 40 mgd. Baker said $30 million, and then approximately $3 million for the items related to the SE Plant, and then you would end up with $2.5 million that could be put into something else. Purcell said you still have the $15.5 million in the water plant in the sales tax and then under ad valorem you have $20 million for water treatment. Baker said you would have to have a total of $33 million.

Devine asked if it would be $33 million instead of $20 million. Mayor Powell said no, it would reduce it by $2.5 million. Baker said at the top where you have $15.5, that would change to $13 and then you would leave the $20 million under ad valorem and that would be a total of $33 and that would free up $2.5 in the sales tax for another project.

Mayor Powell said you would lessen by 5 mgd what would be treated at one plant but at the same time, you would be starting the SE Plant by buying the easements and including the design but that would not come about until it was absolutely necessary so you would not have an obsolete design. He said this plan would lessen the cost of the water treatment plant by $2.5 million.

Warren said he would support that approach if Council so desired but that he would rather find a way to be able to do all of it and build the SE Plant, along with rehab for the north plant. Purcell said he would too but did not think there was a realistic way to do it, because instead of $33 million it would be $52.1 million, so it would be another $20 million from the sales tax and ad valorem and that is a lot of money, and we have already used up the 10 mils, and going to 12 mils would not pick up $20 million, so he did not see how to do that in terms of dollars.

Baker said if Council decides to build the SE Plant and upgrade the Medicine Park plant with the ozone option, you would need to add $10.3 million to the sales tax initiative, to bring that up to $55.8 million, and then you would need to add $6.2 million to the ad valorem, bringing it up to $33.1 million and then you would have to finance those amounts unless you dropped other projects.

Mayor Powell said the three options on the water plant are to leave it as it is and has been discussed, or consider the SE Plant and add $10.3 and $6.2, or $16.5 million, and the third option would be with the plan staff worked on this afternoon, which is actually lessening it by 5 mgd treated water but going ahead with plans to purchase land, right of way, easements, inclusive of design, and by taking that third option, you are doing everything you said you would with the exception of treating 5 mgd and you are lessening the cost of the water plant by $2.5 million.

Williams said he agreed steps should be taken toward having a SE Plant and that years ago it was designed where water could be used from Waurika, gravity flow from Ellsworth. He said the City has not grown to the extent past Councils would have liked, but it will never be any less expensive to start the action, whether it is to do the phase the City Manager reviewed or to commit to doing even more at the SE Plant. Williams said Lawton will not dry up and blow away because it has too much water and that is the biggest asset this community has reserves on and years in the future that will be the biggest commodity we will be able to provide. He said with an effort to get more and more of the treated water out to the rural water districts and surrounding communities there are opportunities to sell water and make money, and felt steps should be taken toward having a SE Plant.

Devine said he would like to see work started on a water plant because we could lower the water level at Ellsworth by getting that into service quicker; it would eliminate a lot of flooding problems because right now we have to hold Ellsworth at almost full capacity constantly to have the excess water we need to pump to Lawtonka, and it would be an asset to have the treatment plant there so we would not have to hold the water level so high because we have lost several thousands of dollars in lawsuits around Walters due to having to hold the water level so high that every time there is a big flood we do not have time to get it out of there, and we have to release it and we get back in the same position.

MOTION by Devine, to accept the third option to get us started as described by the City Manager. (see amendment and second later in this discussion)

Beller said we need to go to the people of Lawton with a plan and we will have to be precise in what we intend to do with the tax dollars and ad valorem tax and that he did not think we had a plan as of tonight to tell the citizens what we will do with their dollars. He said if we would specifically say yes, we are going to do a SE Plant, to would be a good insurance policy. Beller said the plant at Medicine Park is as close to a fault line as you can get and earthquakes happen; that plant could be out of commission at any given time. He said he knew it had not happened in 90 years but those things do happen and work should start on the SE Plant with a positive date certain as to what will be done. Beller said he had received only negative comments and the City could not sell the program as it is listed tonight in his opinion; he said he had talked with two neighborhood watch groups and received no support whatsoever from them, and only one man at the coffee shop said he would support the program. He said it had to be a community effort and the nine elected officials had to support and sell it, but there must be a plan and there is not one and time is of the essence.

Mayor Powell asked Beller if it would not be acceptable to say we would treat 40 mgd, which would take care of us for the indefinite future, plus we have money set aside to buy land and right of way and do the design, and all we have to say then is "build it". Beller said we do not have the money to build it. Mayor Powell said if you do build it, there is a tremendous jump involved.

Warren asked if a decision would be made on the water plant without discussing the other projects and stated if other projects are changed, it could have an impact on the water plant. Purcell said even if other decisions were made, it would not result in $20 million.

Purcell said if the City Manager's option is selected he would suggest separating the water treatment plant and making it $17 million to go along with the $13 million at the top and add another item for the SE Plant design, land, etc. for $3 million so it is in there as a separate item, and it still comes to the same $20 million but everyone could see what they would be voting on in the ad valorem.

Smith said the SE Plant has been a need for a long time and it had been knocked down at least once, but we just do not have the money to get there unless we strip everything else out and use the CIP to strictly build the water plant but there are too many other needs.

Mayor Powell asked if there was a second to Devine's motion. Purcell said if it would be amended to indicate that the ad valorem will show $17 million for water plant improvements and another item for $3 million for the SE Plant, then he would second the motion. Devine agreed to the amendment and Purcell seconded the motion.

Haywood asked for an explanation of the motion. Mayor Powell said the motion is the third option, which Mr. Baker discussed this evening, which will treat 40 mgd at Medicine Park and do all of the things that had been said there, in addition to that, there will be $3 million set up for a SE Water Treatment Plant to buy the land, right of way and design as needed. Mayor Powell said what he heard Baker say was if we have a rapid growth, a boom, that could be done and go into design right now but we would not start the design so it would not become obsolete.

Warren asked that Council review information he presented before voting. Warren said the information shows four propositions on the ballot with the first proposition being sales tax and the last three being ad valorem propositions, although there may be a question as to whether the fourth one could be done but some people were very interested in getting it accomplished. He said this would provide for the SE Plant and rehab of the north plant to ozone.

Haywood asked where the Lawton Public Schools Improvements were shown. Warren said they are not included.

Jensen said there are three propositions on the ballot now, two relating to ad valorem and one to sales tax. Purcell said the information Warren distributed shows the first proposition under ad valorem only having the water treatment plant; the second proposition under ad valorem has a laundry list in it, and the third proposition under ad valorem has only the economic development, and that Bush may not have it. Gary Bush, bond counsel, said he had information that was a result of the last meeting as far as propositions.

Mayor Powell asked if there was discussion on the items distributed. Beller said there is no provision for Lawton Public Schools Improvements and that should be discussed. Mayor Powell said if it is entertained, it should be discussed. Beller said even if it is not entertained, and asked if they were going down the list item by item. Mayor Powell said as soon as a decision is made on the water plant, he assumed they would go item by item. Mayor Powell said there apparently was no discussion on what Warren had passed out and asked for roll call on the motion on the floor.

VOTE ON MOTION: AYE: Williams, Devine, Purcell, Beller, Warren, Smith. NAY: Shanklin, Haywood. MOTION CARRIED.
 
Purcell suggested a change to Item 7 and asked for support. He asked that it read "east side park and other parks". Mayor Powell asked if lakes and recreation was to be included. Purcell said he was suggesting "east side parks and other park improvements" and leave the lakes off.

MOVED by Purcell, SECOND by Warren, to change Item 7 to read "east side parks and other park improvements".

Williams said he supported funding an east side park but that something was needed to appeal to all of the voters city wide. Purcell explained the purpose of the east side park was to replace the ball fields which would be lost near Shoemaker Center and at 17th and G in the near future and that youth city-wide would use the ball fields that would be constructed in the east side park. Purcell said it would not just be for the east side of town.

VOTE ON MOTION: AYE: Devine, Purcell, Beller, Warren, Smith, Williams. NAY: Shanklin, Haywood. MOTION CARRIED.

Mayor Powell asked if there was discussion on the landfill and there was not. He asked for discussion on the water pump station for $500,000 and Williams asked if that was a firm figure and if it could be included in next year's budget. Jerry Ihler, Public Works Director, said it is to replace the pumps and upgrade the size so it was a capital improvement item.

Mayor Powell asked if there was discussion on water distribution listed under sales tax for $3 million and $3 million under ad valorem, for a total of $6 million. There was no discussion.

Mayor Powell asked if there was discussion on 34th Street and Drainage and there was none.
He read the following items: Major Arterials, matching funds, Flower Mound (Gore to Rogers Lane) $2.8 million; $1.5 is included for parks; Gore Blvd. (67th to 82nd, four lane) $1.5 million; Lawton Public Schools Improvements $12.2 million.

Beller asked if Council would receive information tonight that a central junior high school will be built and that it would be built at a certain location. Mayor Powell said he received a phone call last night after the Board of Education meeting and asked Wade to address it.

Chuck Wade, Attorney representing Lawton Public School System, said the Board at the meeting last night passed three motions unanimously; the first motion was to begin to investigate the possibility of renovating the existing central junior high school into district or community related uses and also to investigate the possibility of identifying that as a Centennial Project and seeking some possible state or federal funding. The second motion was to set the priorities for requesting participation in the CIP project, which was to construct a new central junior high school, with a location not identified, and for other construction improvements on district properties. The estimate presented by the architect last night was that it would cost $12.5 million to construct a new junior high school. The third action was to unanimously endorse passage of the CIP election to include, of course, the $12.2 million in improvements for the school district.

Beller asked if they passed a motion to investigate the possibility of doing something. Wade said on the renovation; the motion was positively to build a new central junior high in lieu of restoring the present building into a junior high school; in other words, the decision that was made was that, subject to the passage of the sales tax, we will not look at investing that money to continue to operate that facility as a junior high school. Beller asked if funds would be put into it for other purposes. Wade said those would not be funds from the CIP. Mayor Powell said he thought they needed to name where the location will be, and the schools said yes, the money will be used for a new central junior high school.

Wade said the continuing debate has been whether to continue to educate students on a long term basis in Central Junior High School by spending an estimated $11.5 million to convert it into a modern junior high school. There are several problems in doing that, one being where you would educate the children for the two plus years it would take to construct the facility, as opposed to building another central junior high school at another location. The location that was originally identified was the land that was swapped with the City north of Shoemaker Center and there has been some conversation about whether that is really the best place to build it but there was no affirmative action taken last night to designate that as the particular site.

Beller said he could understand reasons why they would not want it to be made public because if they did not have a location, prices could soar. He said before Council could make a logical, educated decision, they needed to know if it would be in the central corridor and where it would be in that corridor before entertaining a motion to put this out for public vote. Wade said the school board would meet again on Monday night and he could get with Braddy and Page in the morning.

Purcell said he did not want to speak for the school board but would ask what would happen if the school board decided it would not be in the central corridor, and there is that possibility. Wade said the board was in hopes that by specifically committing the use of the funds to a new central junior high school to serve the students at Fort Sill and in the central corridor that it would be sufficient, but if the Council's wishes are to know exactly where it is proposed to be built, he would be more than happy to take that back to the schools.

Warren said it made no difference to him where the school was built, but that he still had problems including the question within the City's capital improvements because he did not feel that was something he was supposed to do or elected to do. He said that aside, if we removed LPS improvements from this CIP program, that does not mean we cannot come back at a later date and provide this same service to the school system. Warren said his concern was there are lawsuits lining up about this and he did not think it was something the City needed to have a water treatment plant, water distribution, tied to and we should not have to hold this up for a year or a year and a half when the lawsuit gets filed; that is not good use of City offices and not what the citizens want to be done. He said the location of the school made no difference to him and the school board would put it where they need to put it, but he had a concern about the lawsuits.

Mayor Powell asked if other members felt the same as Beller.

Williams said he thought it was a bigger issue than where they would put the school. He said according to the feedback received, the school could be located the best place in the world and it may not have changed their minds or feelings about including $12.2 million in the CIP for the school system. Williams said the vote was five to four to include the Lawton Public Schools in the CIP program so we are not real committed ourselves to this project. He said he had also heard of lawsuits and clouds on this issue as to whether a member should have voted, conflict of interest, and we are just delaying an issue that has far greater implications than building a new school. Williams said the City needs to move forward and have water distribution lines, treatment facilities, streets, and Council must make the decisions they were elected to make.

Devine said the school board was willing to work with the City to pass the issue and that it would be beneficial if everyone could unite and work toward passing the funding for the needs.

Beller said he supported this the other night and commited himself to the other members of the Council who voted with him on that issue and that he did not intend to change but he felt the Council needed to know where the school was going to be because the purpose of his support was that the school would be in the central corridor. Devine asked Beller if he would support it if it were some place else. Beller said no, he would not and that he would not support putting $12 or $8 million into the existing Central Junior High School and classify that as a central junior high school; it is a monument to someone and whoever put it on the National Registry should be chided a bit because if that is going to cause the problems that it seems to be causing by being on the National Registry, then they need to do something about that or we will be stuck with that albatross forever.

Devine said he had nothing to benefit on the location of the school but would like to know a location so they could go forward, and maybe they will say that on Monday. Beller said he was saying they could say it could be on the east side, west side or central district, and that he thought it should be in the central district. Devine said he would like to see it built behind Lawton High and that everyone would benefit from it, although some would benefit more than others, but many things are done in that manner and each one should work for the entire population.

Wade said he had copies of the motions from the school board meeting, and those were read as follows: "that the board of education develop plans to renovate the existing Central Junior High School for other district or community related uses upon completion of a new central junior high school and further that we investigate the development of this restoration into an Oklahoma Centennial Project for the year 2007". Wade said the idea would be to build a new central junior high, it takes three years to do that, so you still have four years basically to develop plans as to what to do with the existing building and renovate it by the year 2007, which would qualify for a Centennial Project. Wade said they met with the new Director of the Oklahoma Centennial Commission last Wednesday, and that person is a Lawton native and his (Wade's) first cousin.

Wade said the second motion was as follows: "that the board of education establish the following priorities for its participation in the 1999 City of Lawton CIP election: 1) Construction of a new central junior high school; 2) Construction and improvement of other Lawton school facilities". He said the major decision was that the money from the CIP would be used to build a new central junior high school at another location.

Mayor Powell said he had been appointed to that same Commission by the Governor and that he would work for those funds as well.

Purcell said Item 9 just says LPS Improvements, and that is a very generic term.

MOVED by Purcell, SECOND by Devine, to change Item 9, at least for purposes of tonight, to say build a new central junior high for $12.2 million.

Wade said if the schools use some of their existing funds to get started, they do not know how they will get the funds from the CIP, and it is estimated to be about $2.4 million per year, and they have some money set aside to use for Central Junior High School and it would be difficult on them if they were hamstrung to only use the CIP funding for a new central junior high but the key is that it will be built and it will cost around $12 million. Wade asked that Council consider adding other language "and construction or improvement of other Lawton Public Schools facilities", as well as building a new central junior high.

Purcell said that causes the same problem the City has experienced, that it is too nebulous. He said he understood Wade's point and asked the City Attorney if the ballot reads "build a new central junior high school" if that is the only thing the money can be used for. Jensen said yes. Mayor Powell suggested language such as "after a new central junior high is built, for improvements to other school facilities". Mayor Powell said there may be not be much left, but if there is, they might apply it to other buildings in the district. Purcell said he did not have a problem with it but did not know if it would sell very well. Wade said it would be difficult due to the sources of funding and the timing of the project.

Williams asked if the school system could go ahead and use the funds for preparation of plans. Wade said yes, but they must have access to the funds during the current fiscal year before they could contract to spend them, so when they sign a contract with a construction company to build the building, they must have the funds either available or anticipate they would have them available during that fiscal year, and cannot do it based on the following fiscal year's assumption. Wade said the schools would have to commit a good amount of the $4 million they already have to get started on a project so they are not waiting four years to start building the project.

Purcell asked if the schools could take $2 million from their building fund that they have today and repay it with some of the $12.2 million. Wade said if they are commited to use the $12.2 for a central junior high, once they put money into plans or even initial construction, other general revenue funds into that project, he did not think they could transfer them out simply because they came from the CIP.

Purcell said he would amend his motion to change the wording to "build a new central junior high and other LPS building improvements". Wade suggested that additional wording could be "upon completion of central junior high for other LPS improvements", although it may be confusing to the voters.

Warren distributed additional information. He said this is written so that the first proposition would be the sales tax, the second proposition would be "shall the City of Lawton also construct, improve, rehabilitate certain public school facilities owned and operated by the Independent School District #8 with the proceeds derived from the excise tax of 1.25% for five years described more specifically in proposition one provided that the amount to be expended for said school improvement purposes shall not exceed $12.2 million from the total proceeds of the excise tax".

Warren said this would not hold the City's water treatment plant hostage to a vote for the schools; it allows the citizens to vote for the sales tax and if the citizen does not want the school, they can vote against the school; the sales tax can still pass with the school not passing. He said he did not like the idea of holding the projects the Council members were elected to do being held hostage by telling the citizens if they did not build a new school, they would not get a water treatment plant or water lines or roads. Warren said it is a stretch to see that the City is even able to do this and we may find out in court that we cannot, but it is a real big stretch to even consider or allow the possibility for that to drag down the rest of what needs to be accomplished. Williams asked if that would require a simple majority. Warren said it should.

Wade said he had talked to a lot of people and had not heard any conversation about lawsuits, nor had school superintendents. He said he had talked to several lawyers about this and the section clearly allows the City to do this. Warren said probably the reason Wade had not heard anything from anyone was that he would not be the one getting sued, it would be the City. Wade said the schools would certainly be impacted by it. Warren said the schools would not be sued.

Haywood said a councilman made a statement that the vote was five to four. He said Tiger Woods won by one stroke on Sunday and if you win, you win; if 51% of the vote is received on the CIP, you still win. Haywood said he felt we should proceed on until an objection or lawsuit is filed. He said Devine said everyone should be united and Beller said we should be concise, and the voters will have to know the Council is together, and if an injunction is filed, it is filed. Warren said his point was whether you, as a council person, were willing to allow an injunction against allowing the school to participate in this election to withhold the CIP from the citizens of Lawton and not allow them to have infrastructure improvements.

Haywood said if you go to the larger cities, the Mayor runs the school system and that is in their charter, but that he (Haywood) had been voting and that he did not take a threat very well but people could threaten him all they wanted to and that he is employed by Lawton Public Schools and is a City Council Member. He said he voted the way he voted before and he could have voted all the time anyway; he is not in a supervisory capacity with the Lawton Public Schools, he is a counselor and is not on the Board of Education and is not an administrator, so he could vote any way he pleased that was correct and he knew that but he chose not to vote that particular evening in the past.

Warren said he did not bring this up and was not threatening Haywood. He said Haywood had abstained four times previously and chose not to this time.

Wade said he certainly concurred with his partner's opinion that was expressed last week that there is no conflict of interest with regard to the vote that Mr. Haywood made. He said as to the proposed proposition, the way they all started together was to go into it as a partnership and combine forces and with the help of the school system, we were going to try to accomplish what the City wanted to achieve, and with the help of the City, we were going to try to accomplish what the school system wanted to achieve. Wade said he understood it passed by a five to four vote and also understood that if it passed, at least certain members would support it 100%, and this is backing away. Wade said this would require only a simple majority, but we terminate the partnership because the whole idea is to sell this project as a whole, and this would remove the goals and negatively impact the ability to pass a proposition.

Mayor Powell said there is a motion on the floor by Purcell to change the wording on Item 9 of Lawton Public Schools Improvements to build a new central junior high school and any money left over would be for improvement of other school buildings.

Beller said he would second the motion.

VOTE ON MOTION: AYE: Purcell, Beller, Haywood, Smith, Devine. NAY: Shanklin, Warren, Williams. MOTION CARRIED.

Smith said in response to Haywood's comments about making a decision and why are we not sticking to it, he would support this 100% but we made a decision the Thursday night before that to support a different plan 100% and then we had one come in from left field that included the schools and we changed, so to imply that something is trying to be done here to sneak up and that we cannot change it because we took a vote is wrong.

Williams said with regard to Wade's comments, it was his understanding that the school system was trying to achieve an opportunity to bring before the citizens a request that would only require a simple majority. He said the information Warren distributed would do that, and until something comes back in resolution form and is voted on, that is what the citizens will see on the ballot but up until that time, everything is open.

Haywood said he did not want to be used as a scapegoat if this does or does not pass. He said you have to back up your statements. Haywood said regardless of how he voted, he was no one's puppet.
Baker said before we leave the LPS item, clarification is needed because there could be future confusion. He said asked if it was the Council's intention that the $12.2 million be the maximum dollar amount, and that we are not talking about a percentage of the whole, because there is a difference and a decision is needed in that regard.

MOVED by Smith, SECOND by Warren, that we make $12.2 million the maximum on Item 9. AYE: Devine, Purcell, Beller, Haywood, Warren, Smith. NAY: Shanklin, Williams. MOTION CARRIED.

Smith said with the decision on the water treatment plant, there is $2.5 million and he would like to move $1.3 million out of ad valorem for the fire station and put it up under the CIP, and take $1.2 million and delegate it to economic development through the sales tax. He said the $3 million for the water treatment plant was taken from the sales tax. Smith suggested taking the fire station out of ad valorem and put it in sales tax, and put the other $1.2 million into an economic development fund.

MOVED by Smith, SECOND by Beller, to take the fire station out of ad valorem and put it in sales tax, and put the other $1.2 million into an economic development fund. (no vote was taken on this motion)

Beller said $1.2 million can do a lot of help maintain local businesses and employment, and that this is something we can really use, although it is not a large amount to attract industries.

Purcell said he had a problem with the term economic development and that we need to be specific. He said he would support $1.2 million but did not know what would be done with the money. Mayor Powell said he hoped it would be disbursed by the City Council as it sees fit. Beller said the Council would control the funds and hopefully there could be an economic development trust of some sort.

Smith amended the motion to include that the funds would be controlled and disbursed by the Council at its discretion and Beller agreed to the amendment as the second.

Baker said he was told at the start of the meeting that the fire station could be funded through the ad valorem at ten mils and there is no problem in adding it to the sales tax, but it could be funded in the ad valorem at ten mils. Baker said he received a call this afternoon regarding the Airport's request for $200,000 to assist in a hangar and they had asked Council for the money. Baker said he was mentioning it because he promised he would.

Smith said an article in the newspaper said the cost to rehabilitate the hangar would be $74,000 and the letter said it would cost $200,000. Keith Bridges, Airport Authority, said they do not know the cost but would have an answer in 30 days.

Purcell asked if the ten mil levy would generate $24.6 million. Baker said that was the estimate but the financial consultant said the ten mil would actually generate about $26 million, so you could include the fire station in ad valorem. Purcell said he thought it would be better to leave the fire station in ad valorem and adding the $1.3 million into water distribution.

Chuck Wade, Attorney for the Airport Authority, said the figure they had been quoted to do the plans and engineering fees was about $30,000. He said the American Eagle maintenance facility is very important to the City by generating about 80 jobs and a significant payroll. American Eagle will finish paying for the bond issue in 2001 and the Authority has no other choice of funding to do the renovations to allow them to provide maintenance on the new American Eagle jets, and the problem is the wings. The jets cannot get into that building with renovations to the opening to allow them to take the jets in and out. American Eagle will designate either Lawton or Abilene as the maintenance facility for the jets and will begin taking the Saabs out of service, so it is a potentially significant economic loss to the City of Lawton if something is not done to allow us to remain competitive and retain that facility.

Smith asked to change the motion by changing economic development from $1.2 million to $1 million and designate $200,000 for the Airport hangar improvement.

Purcell asked if the Airport Authority could borrow $200,000 through bonds or in some other way by pledging the money that would be received from American Eagle. Wade said all of their revenues were pledged to pay for the hangar they built 18 years ago for American Eagle and there is no other collateral they could offer other than their revenue; in two years, they could do that. Wade said they will not know the cost for 30 days but if Council could agree to designate a portion of the $1.2 million to renovate the hangar, it would help retain American Eagle here.

Purcell said Council is to control the $1.2 million so they could just leave it alone and if it is found to be a need, that would certainly be an economic development use. Wade said the Authority could forward its request in that manner.

Mayor Powell said you could leave the fire station under ad valorem and add the $1.3 to water distribution to make it $4.3 and leave economic development at $1.2.

MOVED by Purcell, SECOND by Smith, to leave the fire station under ad valorem, include economic development for $1.2 million, add $1.3 million to water distribution, Item 4, making it a total of $4.3 million. AYE: Purcell, Beller, Haywood, Warren, Smith, Williams, Devine. NAY: Shanklin. MOTION CARRIED.

The Mayor asked if there was further discussion on any item. Williams asked if there was any interest in the items Warren had distributed. Beller said he liked it but could not support it and they had committed to do this.

Warren said he understood thinking the Council was committed to including Lawton Public School issues but that there was not a commitment as far as separating the two issues on the ballot because that was what Council originally agreed to do with the school system; the original agreement was to share the ballot with the school system and everyone pull together but then we got into the new plan. He said the second document he passed out allowed that to happen; the City could provide the funding if it passed, it would require a simple majority, and it only allows that the citizens' vote is not held hostage to the school system.

Wade said the way he read it, if proposition one passed and proposition two failed you will have voted $45.5 million but you will only have designated $33.3 million to spend.  Warren said if that portion does not pass, the money from three is combined with one. Wade said proposition three is ad valorem to issue bonds for $23 million and it is not tied to proposition two.

Purcell asked if $50 million were collected for CIP, could the additional $5 million be spent on another project after the priority list is completed. Wade said the purpose of the $45.5 in the present format is to include $12.2 for the school system.

Mayor Powell said time is of the essence and direction is needed to proceed. He asked if there was a motion to accept these as discussed and approved, item by item, this evening.

Beller asked if the school board would meet again Monday evening to determine the location of the school. Wade said that was not on their agenda to his knowledge.

Shanklin said you got flim flamed and the outsiders pontificating got us beat and you are doing the same thing right now. Staff put together a proposal and it has been torn up; you did it 18 months ago and you are doing it again so go right ahead. The newspaper is not going to be behind it; we already know the TV is against us so I do not know how you think you are going to pass anything.

Beller said he thought they needed to know where the school would be located. Shanklin said Wade told them the motion was to build a junior high, not necessarily in the central corridor. Purcell said the reason for the motion was to get the words LPS improvements off of there and that was the only reason for the motion. Shanklin said the east side and west side both have new junior high schools, and if you are not going to let the central corridor have the same type, he would not vote for it and would do everything he could to defeat it.
Mayor Powell asked if the school board could add that subject to their agenda, the site for the school. Wade said the board's motion and Council's action tonight was to construct a new central junior high school, not just a new junior high school, a central junior high, and as far as the location, he would communicate that request to the board tomorrow. Mayor Powell said he thought members would be happy if they were assured that it was in the central corridor, and the reason it may have been brought up is the district owns property on NW 52nd Street across from Atwood's and that may be a concern, but Council members have asked about the general location. Beller said he did not need an exact location but wanted to know if it would be centrally located. Shanklin said he wanted to know if the clients would be the same as those who attend Central now.

Mayor Powell asked for a motion to approve the items as stated this evening.

MOVED by Devine, SECOND by Beller, to approve the items as stated this evening.

Shanklin asked if the language was included on the schools and Mayor Powell said the language would be in there period that it will be in the central corridor. Smith said the actual language was they will build a new central junior high school and other school improvements; that was the language of Purcell's motion. Purcell said it had absolutely nothing to do with where it would be built. Mayor Powell said it was clarified by the motion suggesting it would be in the central corridor, and they were not trying to tell the schools what to do, but there has been ample discussion. Shanklin said he heard "a new junior high" and nothing about where it would be built. Beller said he had constantly asked for the location. Mayor Powell said it would be contingent upon Lawton Public Schools, Board of Education, naming this in the central corridor and asked if that was agreeable to everyone. He asked for a vote.

VOTE ON MOTION: AYE: Beller, Haywood, Smith, Devine, Purcell, Shanklin. NAY: Warren, Williams. MOTION CARRIED.

Baker said Mr. Bush is present tonight, as well as Mr. McDonald and Mr. Prescott, consultants, and they attended in case Council had any questions; they are assisting in preparing the ordinance and resolution. He said the documents can be on the August 24 Council agenda.

Shanklin said he would like to be able to see the documents showing how this would be done and did not want it passed out immediately before the August 24 meeting. Mayor Powell said Shanklin wanted to see how this would appear before the voters.

There was no further business and the meeting adjourned at 7:05 p.m. upon motion, second and roll call vote.