Meeting of 2002-1-22 Regular Meeting

1. Consider the following damage claim recommended for approval and consider passage of any resolution authorizing the City Attorney to file a friendly suit for the claim which is over $400.00: Frank and Wanda Batterson. Exhibits: Resolution No. 02-11.

Vincent said the releases have not been received but are expected by 9 a.m. tomorrow when they meet with the judge. He requested a motion to approve the claim contingent upon the City receiving the duly executed releases requested by the City Attorney's office in consideration of payment of the claim and authorize the Mayor and Clerk to execute the resolution at this time.

MOVED by Baxter, SECOND by Moeller, to approve Resolution No. 02-11 to approve the claim contingent upon the City receiving the duly executed releases requested by the City Attorney's office in consideration of payment of the claim and authorize the Mayor and Clerk to execute the resolution at this time. AYE: Moeller, Haywood, Baxter, Bass, Hanna, Devine, Purcell, Shanklin. NAY: None. MOTION CARRIED.

A resolution authorizing the City Attorney to enter into a settlement agreement for the sum of One Hundred Twenty Five Thousand and no/100 Dollars ($125,000.00) as settlement of a claim filed by Frank E. Batterson, Sr. and Wanda Christine Batterson, Parents and Legal Representatives of the Estate of Daniel L. Batterson, deceased, by and through their attorney, John P. Zelbst, and directing the City Attorney to assist with preparing and filing a friendly suit including a journal entry incorporating said resolution and settlement agreement for the approval of the District Court of Comanche County, Oklahoma.

2. Consider accepting three permanent utility easements for: (1) the east ten feet of the east eighty-three feet of Lot Three, Block One Hundred Four, Lawton Heights Addition, donated by Merline Leday-Mauney; (2) the west ten feet of the beginning at a point 20.58 feet east of the northwest corner of Lot One, Block One Hundred Six, Lawton Heights Addition, donated by Edward L. Stayton; and (3) the west ten feet of the west fifty feet of Lot One, Block One Hundred Sixteen, Lawton Heights Addition, donated by Michael and Suzanne K. McKee, and authorize the Mayor and City Clerk to execute the Acceptance. Action: Approval.

3. Consider accepting a permanent utility easement in the East Half of Section 11, Township 1 North, Range 12 West, situated in Comanche County, State of Oklahoma, which has been donated by Charles and Sidonia Kelsey, and authorize the Mayor and City Clerk to execute the Acceptance. Exhibits: None. THIS ITEM WAS NOT CONSIDERED.

4. Consider ratifying the actions of the Lawton Water Authority accepting a $25,000 Surface Restoration Bond from El Pache Energy, release El Pache Energy's Irrevocable Letter of Credit and authorize the Mayor and City Clerk to execute Acceptance on the bond. Action: Approval.

5. Consider ratifying Lawton Water Authority action approving the U.S. Fish and Wildlife Service Region 2 (FWS) use of a prescribed burn on City property located on the west side of Lake Lawtonka, and authorizing the Mayor and City Clerk to sign the agreement with the FWS. Exhibits: None. Action: Approval.

6. Consider report from Oklahoma Centennial Commission and authorize release of quarterly payment. Exhibits: Report, 4th Quarter, 2001. Action: Accept the Commission's report and authorize payment of $50,000, payment for 1st Quarter, 2002.

12. Consider endorsing an amendment to the Transportation Improvement Program Federal Fiscal Year 2001-2003 to include Federal Transit Administration Section 5307 Discretionary Urbanized Area Formula Program Funding for Federal Fiscal Year 2002. Exhibits: None. Action: Approval.

22. Hold a public hearing and consider an ordinance closing a portion of the alley adjacent to 1208 NW Sheridan Road. Exhibits: Ord. No. 02-____; Application; Site Plan; Map; Council Policy 5.1; Memo from City Attorney; Letter from PSO; Proposed Parking Layout.

23. Review the bids received for the sale of approximately 2.8 acres of surplus city property in the northeast corner of NW 67th Street and Quanah Parker Trailway, and accept a bid and authorize the Mayor and City Clerk to execute all documents necessary to convey the property to the winning bidder or, in the alternative, reject all bids. If no bid is acceptable, provide direction to staff. Exhibits: Copy of Notice of Sale.

Baxter requested the $201,000 be used to help with the four lane road in this area. Vincent said closing is scheduled for February 2 and following receipt of funds, an item could be returned in this regard. Vincent said it needs to go to CIP, but how it is used beyond that is up to the Council. Baxter asked if it would go to CIP and not to the General Fund. Vincent said that was correct because the land was originally purchased from CIP funding.

Economic Development - Court Newkirk was named as the Economic Development Director on November 19. He has over 20 years experience in marketing and mass media, and 12 years of non-profit work. His economic development experience includes small business development, industrial expansions and relocations, industrial recruiting and industrial park development.

The Chamber has asked Comanche County Commissioners to call for a county-wide ¼ cent sales tax election for March 12, 2002. If approved, collection of the tax would begin on June 1, 2002 and end on May 31, 2007. The Comanche County Industrial Development Authority (CCIDA) will administer the funds that are dedicated specifically to economic development. $3 million of the projected $8.5 million is directed to go to Goodyear for modernization and expansion of their facilities. The Crusader Project and Elgin Industrial Park are both on track for a 2005 start up. LCCI, the Elgin Economic Development Authority and United Defense have met several times to flush out details of the Crusader Project. Currently Crusader is fully funded, the land has been secured, engineering has begun for providing utility infrastructure and negotiations for water are scheduled between the cities of Lawton and Elgin.

The Airlines Task Force has resumed its efforts on recruiting an additional airline and hub for the Lawton-Fort Sill Regional Airport. A meeting had been scheduled with the Duncan business community last September, however, it was cancelled after the events of September 11. At the encouragement of Delta Airlines officials, the meeting is being rescheduled for February.

LCCI partnered with the Airport Authority marketing committee in the development of a "Fly Lawton" campaign, identifying several outlets to advertise the message, to include billboards, television, radio and newspaper. LCCI budgeted $10,000 for years 2001-2002 to continue that effort.

Prospect proposals - LCCI continues to be the lead contact for economic development inquiries and has developed several responses to initial requests for information from site locators in the last six months. Two formal proposals were provided as a result of the inquiries, one for a customer service center and one for a warehouse distribution center. In addition, Court Newkirk has contacted two prospects concerning relocation to the Crusader site.

Goodyear Expansion - The Goodyear Tire & Rubber Plant has enlisted the help of LCCI in securing incentives from the state and local governments for proposed modernization and expansion of the Lawton plant, which would increase the existing plant size by 25% with an anticipated investment of over $125 million. Modernization would include a new warehouse and production facility. LCCI is assisting by supporting new incentive legislation at the state level that focuses on equipment modernization.

Retail site visit - LCCI provided information that summarized Lawton's business climate to a site location firm headquartered in Dallas, Texas, and a research firm located in Dublin, California. Representatives from both companies visited Lawton on October 18 to finalize collecting data for a new commercial retail business considering locating here.

Labor survey - LCCI commissioned the Center for Economic and Management Research at the University of Oklahoma to perform a new labor survey in this area, to include eight counties in Southwest Oklahoma. Under-employment in Lawton's labor market has decreased by 3% since the last study was done in December 1999.

Energetix - LCCI executive committee members met with Ray Mize of Energetix, representatives of Goodyear, Republic Paperboard and the City of Lawton on October 29 to give a status report on the co-generation and energy plants proposed for Lawton. The project is progressing and Energetix has executed their third option on the land in the Lawton Industrial Park securing the property through May 2002.

Lockwood Green Evaluation - The Chamber's economic development team participated in a proposal evaluation and economic development seminar last fall. AEP/PSO contracted with Lockwood Green, a site location firm, to evaluate economic development proposals from communities served by AEP in Oklahoma. Lawton-Fort Sill responded to a request for proposal prepared by Lockwood Green and an A grade was received on the proposal, one of only two A's given in the state.

Governmental and Legislative Affairs - Transportation Summit - LCCI staff assisted ODOT officials in organizing a transportation summit on October 4 in Lawton. Marilyn Feaver has been asked to serve on a newly formed transportation committee for the State Chamber, and she is the only person on the committee from Southwest Oklahoma.

Fort Sill Mission - Chamber has organized an informal, ad hoc committee to develop a strategy to identify Fort Sill enhancement opportunities. The committee met several times and has been working with Fort Sill to develop an inventory of facilities that could be used for additional missions.

Legislative Survey - Chamber staff developed a 2002 legislative survey which was mailed to nearly 1,000 members of the business community. The survey identified new issues for possible inclusion in the 2002 legislative agenda, and a copy was provided to Council.

Tourism - Oklahoma Film Commission - Chamber staff has been working with the commission on a location search for a feature film. Location scouts toured the Refuge and areas in surrounding communities and are continuing their site search within the Lawton-Fort Sill area.

Television commercial - LCCI worked with a professional marketing firm to develop a television commercial that aired nationally on ESPN2 during the broadcast of the Lawton Rangers Rodeo, and during the Michael Moorer boxing match earlier this month on Fox.

Advertising - LCCI arranged for advertising in the Oklahoma Gazette, Oklahoma Today magazine, the State Vacation Guide, and numerous newspapers promoting tourism activities and events in the area. A sample was included in the presentation folder.

Relocation and Tourism Packets - LCCI provides packets to prospective visitors and people who are moving to the Lawton-Fort Sill area. The Chamber web site allows requests to be filled via the Internet which provides a much quicker response to those seeking information. LCCI mailed 92 relocation packets over the last six months to people considering moving here and 879 tourism packets considering the area as a tourist destination. 2,605 welcome/information packets were provided to individuals attending conventions or events in Lawton-Fort Sill.

Welcome Centers - Tourism packets are current at all 13 visitor welcome centers across the state and are supplied on an on-going basis. Since July 1, 2001, LCCI has provided 1,875 community profiles, 6,300 Discover Lawton-Fort Sill Visitor Information Brochures, and over 700 Museums of Southwest Oklahoma brochures.

Austin said the Chamber constantly seeks ways to stretch existing resources and the mission statement focuses on providing economic opportunity and enhanced quality of life for the citizens of the Lawton-Fort Sill area. Administration of the hotel/motel tax is instrumental in allowing LCCI to accomplish this mission, and appreciate the Council allowing them to manage these funds to improve and grow the area.

Austin requested a mid-year adjustment to the hotel/motel tax budget. Funds are tracked in five categories; no changes are requested in business expansion and development or the administration portions. He requested to reduce economic development by $14,315 and to reallocate $10,265 to tourism and $4,050 to legislative and governmental affairs. He said $14,315 is payroll dollars generated by the lag between budget approval and the hiring of the economic development director and they would like to shift payroll dollars to be used for services, marketing and advertising.

Moeller asked if the Chamber anticipated an increase in expenditures of $14,315 or what they planned to use that money for. Austin said most is being spent on marketing and advertising projects and there is some sprinkling of it through travel; some of it is for web site development and training.

Moeller said there is a billboard on I-44 that has been blank for a year or more and when a person called to see about leasing it, they were told it had been leased to the Chamber for several months. She said funds are spent to lease it, but nothing is up there and asked that someone check on it. Austin agreed to do so. Mayor Powell asked the location and Moeller said it is on I-44 north of Fort Sill.

Moeller said she received an Oklahoma Today magazine that did not have anything in it about Lawton. She asked if the Chamber has a contract with that magazine for a full year. Sheila Lee, Chamber staff, said they contract for advertising in six issues per year, but not for every issue. Moeller asked the cost for that contract. Lee will provide the information.

Shanklin emphasized the importance of the ¼ cent sales tax that will go before the voters on March 12 and asked about a promotional campaign. Austin said it is very important and a marketing committee is developing the ads; a task force is seeking funding to pay for the campaign, and they are on track and the public will see and hear more about it shortly. Shanklin said Lawton is the biggest part of the county and it is election year for some of the council members but the tax is greater than any individual member being able to return to their seat if that is what it was to cost them but they need to be canvassing their individual wards so they understand how important the ¼ cent sales tax is to our future. Shanklin said it is important to him and to the central corridor.

Mayor Powell said he understood the LCCI had an IRS audit and asked if that was correct. Austin said yes. Austin said Mr. Turner has completed their annual audit and the City should have the results in the next week or two. Austin said in addition, they had been contacted by the IRS to do a full blown audit which was completed last week and they have not received the final report yet but did receive word that everything was very good and the comment was this was the best chamber they had ever audited from an organizational standpoint. Austin said the Oklahoma Employment Security Commission also intends to audit the Chamber this month, and with the timing of the change of leadership, it is probably a good thing and preliminary reports from both are positive.

Mayor Powell said he received a call from a member of the Fairgrounds Board who said the working relationship with the Chamber was simply excellent at this time and things were working out. He said he appreciated that call and wanted to pass that information along.

Steve Livingston, Finance Director, said revenues for the first six months are on target overall and there are no serious shortfalls or exceptional over collections. Sales tax has exceeded the prior year's collection by 2.2% and a 2% increase was budgeted. Sales tax collections dropped in September and October, after the September 11 attacks, but sales tax in November, which was collected in January, was 4% above the prior year and it is hoped the December collections will be good and revenue from this source will meet and hopefully exceed the budget a little bit.

Franchise fees are on target, police fines and bonds are about 1% above the past year. One area of concern is interest, which has dropped, and the amount of money on hand and available to invest has also dropped. This area is down about 50% for the year and some could be due to the timing of when the investments mature but the interest is really down.

Water revenue was down in the first quarter and there was a little trouble meeting the budget but there is a dry spell at this time. Collections in December, which were from October/November, were up 18%, but water revenue is down 4% for the year and a 2% increase was included in the budget. The sewer and refuse charges are on budget. Overall in the revenue accounts for the first six months, we are projecting revenue will be very close to what was budgeted, if not a little bit over.

Expenditures are on target in general although there is concern about the health insurance and it will require further review. The budget contained $750,000 in lapse salary funding which causes problems in being able to meet budget. After 13 pay periods, or half the year, it is about 48% expended, or a little under budget, but the last half of the year includes 3% for the general employees that the first half did not have and it also has some payments such as sick pay that are quite a bit of money for general employees that happen in the second half that do not happen in the first. We are still optimistic that we can make this year's budget for salaries. Approximately $90,000 will be needed for start-up costs for mass transit and funds are being sought for that purpose, as well as for the health insurance.

Livingston said the Manager discussed the kick off of next year's budget with department directors and a letter of instruction is being prepared. Available funding will depend on the amount of carryover from this year. He said the Manager is considering having the directors submit budget requests at the current year service level, as well as recommendations for a 10% reduction and a related impact statement. In the current year, a $3.5 million carryover was budgeted but actual collection was $3.2 million, causing a $300,000 shortage in this year's funds, which will also carry over to next year. There will be a need for $270,000 more for mass transit and they are working on those numbers. Discounting salaries, or budgeting that $750,000 lapse, takes money away from the following budget year because those numbers carry forward from year to year. There is a one-year benefit but it causes a problem the following year in determining how to fund that so the $750,000 that was lapsed into this year's budget from salaries will have to be made up next year.

Capital outlay was budgeted at $2 million, rather than the $3 million that was budgeted in the past. Livingston said the Manager is going to have to determine an appropriate level for capital outlay and when equipment is not properly replaced, it is difficult to catch up in that area through the normal budget process.

The fire contract remains in effect for one more year with a 4% increase. Negotiations will be held with the police union, which will likely request a cost of living increase, as well as general employees. A 3 or 4% increase for all employee groups combined will cost about $1 million. Livingston said next year's budget will be tough; we will make this year's budget but he could not see where it would help next year's budget.

Purcell said on page 85, managerial services, for example, personal services $174,626, is he correct in assuming that it included hire lapse of some amount and it also included the fact that we knew we were going to have a 3% pay raise for those employees effective 1 January, is that a correct statement. Livingston said if figuring those salaries came to $180,000 then we would discount off of that a pro rata amount that came to $174,000 and that includes the 3% for six months, so the answer is yes, it includes those two items, the discount and the 3%. Purcell said the fact that we are only 47% is not a bad deal right now. Livingston agreed. Purcell said if we go at the same percentage for the remainder of the year, we will have more lapse than was originally budgeted. Livingston said if you spend another 47%, but the expenditures will go up 3% now.

Baxter said 99% of the employees were wonderful but from reading some of the statements in the audit, there were two or three who were bad eggs. He said it was bad for someone to miss $196,000 and that is under utility billing. Baxter said the internal review is also bad; accounting for investments, someone is lacking education and knowledge in that department according to the report on Pages 93, 94 and 95. Shanklin said he had circled the $196,000 and asked if it was an error or what happened or if someone got a utility bill showing they owed that amount.

Livingston said because our financial records are not maintained on an accrual basis, we provide the auditors with a special report that shows how much the customers owe and then make one journal entry to the books at the end of the year and then reverse it off at the beginning of the next year. He said no one was billed $196,000; the report was in error and Linda Ramey is present and may want to elaborate but no one was billed for this. Livingston said a part of the audit comment was they felt we should spend a little more time on these special reports, although staff looks at them, we are not using them routinely to check on water customers. He said the auditors were correct in pointing out the error.

Baxter said Livingston said these were her opinions, but her opinions apparently follow federal guidelines and there are numerous statements, twice on Page 96 and once on Page 94, that we are not properly following federal guidelines, and that is not right.

Linda Ramey, Stanfield & O'Dell, said the $196,000 was incorrectly included as a customer's account but before it was billed, revenue services corrected it but failed to correct the report to the accounting department and included that in the total. She said revenue services found it, corrected it and the individual was not billed that amount but it was never communicated to accounting so accounting was in the process of recording $196,000 too much because revenue services did not provide any new information. Ramey said the departments need to communicate those things at year end especially; accounting should be doing more internal review. Robert Hinman, Stanfield & O'Dell, said if this would not have been caught, then revenues would have been overstated for the year by that amount; even though it was a year end accrual and you turn right around and reverse it out the next year, it still would have showed up because the financial statements would not have been corrected because it would have been over accrued by $196,000.

Ramey said the federal guidelines included the subrecipient monitoring and Davis-Bacon Act. Baxter asked if we were in accordance with federal guidelines. Ramey said not on subrecipient monitoring. Baxter read from the audit report stating on maximum per unit subsidy, there was no documentation in the property files to evidence compliance with FHA guidelines; HOME, First Time Homebuyer Program, there was no documentation in the property files to evidence compliance with regulations. Baxter said that was unacceptable. Baker said considerable things were found related to the Community Development, HOME program, that were not acceptable, not just in this audit but other things, and the individual who was responsible for that no longer works for the City and things are still being found that were not proper procedure or regulation.

Ramey said on maximum per unit subsidy and first time homebuyer program, the items they collected to test, they had to recreate the test work and those two areas turned out to be in compliance but you could not tell without having all of the documentation recreated. She said the Davis-Bacon and subrecipient monitoring were out of compliance, but as Baker said, circumstances were corrected.

Moeller said the audit comments were wonderful and she was glad someone had the responsibility of finding what needs to be corrected, and all of it is correctable. She said it was a good report that showed where improvement was needed. Ramey said that was the intent of the letters.

Purcell said an unqualified opinion was received, there were no major deficiencies noted in the audit. Ramey said that was correct, there are reportable conditions. Purcell said they were reading from the comments and Ramey agreed. Purcell asked how often they audit someone and have no comments or reportable conditions. Ramey said it happens but it is very rare and it is typical to have these comments and they are included for the city to act upon and use to its benefit. Purcell said it is basically a pretty good audit, there will always be comments, and if nothing was reported, they would wonder if the auditors had done their jobs so he wanted to have that in the record that these comments are on every single audit you have ever seen and they are not the end of the world, we do need to correct them, but they are not the end of the world. Shanklin said we are not going to be perfect and Purcell agreed.

Kim Shahan, Parks & Recreation Director, said a written notice of termination for the lease at the Robinson's Landing store was received on January 9, 2002. The store lease, which includes the store building, propane system, docks two, three and four, a covered patio east of the store, and a patio cantina southeast of the store was established with the former lease on April 11, 2001. The term of that lease was to end April 30, 2002, and it was for $350 when it was originally created; it was adjusted for $175 a month when the city was not able to establish the gasoline tank at the store. Shahan said staff is seeking direction for the lease; staff recommends option one, camping facilities operated by the city to continue and to lease the store under the current agreement.

Vincent suggested not accepting the letter of termination from the current lessee; we have been contacted by Mr. Henderson and others in his organization that would like to work with Mr. Mahoney to try to do a lease assignment to get the store open immediately and we will need to go out for bids under one of the options that Shahan developed so the store can be re-leased May 1, 2002, but we are not recommending acceptance of the letter from Mr. Mahoney to allow Henderson to try to work with him. Mayor Powell asked if it could be subleased and Vincent said yes, and it would have to be brought back to Council.

Vincent said the other portion involves selecting an option on the entire area, and two motions may be necessary. Moeller asked what the current motion is and Shanklin said the motion is to work out a sublease with the gentleman who has it now, Mr. Mahoney, by the parties involved that want to open the store. Shanklin asked if he needed to add something to the motion. Devine said staff recommendation was to accept option one. Shanklin asked that option one be added to the motion where we would lease the store only. Mayor Powell asked Shahan and Frank Hawthorne, Lake & Land Commission Chairman, if that was appropriate and both agreed it was. Purcell said a person was present to speak and Tom Henderson said they were trying to work out something with Mr. Mahoney.

An ordinance approving Supplement No. 7 to the Lawton City Code, 1995, directing filing and notification of the publication of Supplement No. 7 to the Lawton City Code, 1995, and establishing a fee for the sale of Supplement No. 7, and declaring an emergency.

Addendum: Consider resolutions rescinding Resolution No.'s 02-10 and 01-100 declaring the structures at: 2104 NW Lake Avenue and 914 SW "D" Avenue to be dilapidated and dangerous, thus causing a blighting influence on the community and detrimental to the public's health and safety. Authorize Building Development to issue appropriate construction/remodel permits upon submission and review of complete application materials. Exhibits: Resolutions 02-13 and 02-14.

Shanklin said he requested the item because the resolutions passed by council called for demolition of those two structures and truly that was not what he really wanted but wanted them to be repaired, and for that to happen, the resolutions previously passed must be rescinded. He said any item brought forward for demolition should be passed giving the owner three options - one is if they meet the criteria outlined in the state statutes and want to repair, remodel and bring it to code knowing it will be judged every 30 days on the effort then you have 90 days to get it done; the second option is for the owner to demolish it; the third option is if the owner does neither of the above, the city will take it to District Court. Shanklin said he asked one of the judges if we were being ambiguous in saying we are going to demolish a property but give an option to remodel it or bring it to code and the answer he got was no, it might be best to bring all of them through the District Court so if we did make an error on tearing something down it would be the court who did it and they are not liable like the city would be. Shanklin said he was asking that these two resolutions be rescinded.

Vincent said he and Shanklin met with Alltizer concerning Shanklin's comments about the District Court. A code amendment will be required, as well as a revision to the resolution, and that will be done as soon as possible. Shanklin said he really wanted these put on for 90 days and items can be returned.

Mayor Powell asked if Mr. Karr had contacted Baxter and Baxter said he received a message on his answering machine and would like information because he was promised two weeks ago that this problem was going to be fixed and it has not been. Mayor Powell agreed and said he talked with Mr. Karr last Friday after talking with Shoemaker Center and with Mr. Shelton and he got a copy of the announcement that was made on January 18, 2002; Mr. Karr requested an opportunity for the system to work and requested it be tabled for 30 days. Mayor Powell said he spoke with several of the residents and was not speaking for all of them but would for Mr. Karr and it would be penalizing the homeowners by placing signs in their front yard and penalizing them when they may have guests there that could be ticketed for parking in front of the houses. There is a problem but they asked that it be tabled for 30 days to try to let the system work, and if it does not, then decide.

Moeller said there was a similar situation where her daughter lives in California and the residents and their known guests are allowed to park by permit on the street. She said it is only for residents and their guests and she offered it as something that could be considered as part of a solution.

Purcell said items such as this need to go to the Traffic Commission to take advantage of their experience and they may be able to provide a solution. He said special meetings can be called if time is an important consideration. Mayor Powell said this was on the Traffic Commission agenda last week and they did in fact table it at someone's request to see if it could be worked out, but he agreed items should be presented to the Traffic Commission for recommendation. Baxter said he did not by-pass the Traffic Commission; this went to them about two years ago and got rejected so the problem has been going on for two years, not just the last month. Baxter said he was out of town when it went to the Traffic Commission last week and could not attend the meeting and someone talked them into tabling it and he was still getting four telephone calls a day asking that it be fixed. Baxter said he had spoken with Mr. Karr several times but he is not the only person that lives on that street. Mayor Powell said he knew all of them very, very well and would inform Baxter that this has been a problem since 1966 when he started teaching at Eisenhower High School, so it did not start five years ago.

Mayor Powell said there is something hopefully in order right now that would deter those people from parking in front of those people's houses. Baxter asked why there was a sign at the end of the street that says No Parking, Monday thru Friday, 8 a.m. to 5 p.m. and there is no enforcement. Mayor Powell said he was not in charge of the police department. Baxter asked if the City Manager could answer the question. Baker said Mr. Wolcott researched resolutions to see what established the no parking sign and he could not find anything so he did not know when or why the sign was put up. Baxter said he did not think someone who lived there did it on their own; it was put up by a city employee some time.

Devine said he thought some of the teenagers were parking there during the day because they did not attend classes all day and the parking lot has a chain and lock across it which keeps them from being able to leave. Mayor Powell said there are no chains or bars at the front entrance by the office.

Baxter asked what the letter said that the Mayor got. Mayor Powell said it is an announcement that was made by Mr. Gene Shellcut, the Assistant Principal at Eisenhower High School. Baxter asked what it said. Mayor Powell read as follows: "After our phone conversation yesterday afternoon I wrote the following announcement which will be aired to the entire student body two times a day as we discussed. The administration at Eisenhower High School has no authority in the residential areas. Since we have made three previous audio announcements covering the same concern, I consider continued parking on the part of the students as deliberate, defiant actions and not uninformed or forgetful. We support the residents and police if cars need to be ticketed or towed. Our parking is limited and problems can only get worse. You are welcome to support our efforts to expand our parking to see more parking spaces established." He said this is the announcement that was read over the intercom. Mayor Powell said a resident had asked that it be tabled.

Col. Steuber thanked the City of Lawton and those public officials who participated in the Battle Command Training Program Phase II which was to help prepare for a possible terrorist event. He said it was going to all TRADOC installations and the comments received were that this was by far the best participation they had seen by any post and surrounding community and he appreciated that. Col. Steuber expressed appreciation for Fort Sill being invited to participate in the City's EOC briefing and it was very helpful in coordinating resources of both entities.

Col. Steuber said Fort Sill's town hall meeting was held and they are trying to get back to normal as far as citizens coming onto post and keeping the force protection measures in place; he encouraged vehicle registration to ease entry onto the post. He said they were looking forward to the July 4th Celebration and outlined plans for those events. He said the Directorate of Logistics is looking at the bus routes on post and that looks like a success story to help with traffic, and they were also looking at other cooperative ventures to assist with stretching the tight resources available to both Lawton and Fort Sill.

Shanklin asked about Fort Sill allowing use of the soccer fields at the polo grounds. Col. Steuber said the Commanding General has a decision paper on his desk right regarding this issue, and if there was another threat condition, soccer would have to be stopped on that field. Col. Steuber said anyone could come by I-44 with an automatic weapon and there are 2,000 family members on that field at any given time on Saturdays so they must keep that in mind; there is a great intelligence network but they can only work off of the information they can gather. Col. Steuber said he knew such matters weighed heavily on the Commanding General's mind and it cannot be taken lightly. He said other fields had been offered that are further into the post itself but they are not as good as the polo field area.

Moeller introduced John Hernandez as the newly hired Director of the Museum of the Great Plains and asked that everyone visit the Museum to see the progress being made. She said she received comments after the last meeting about microphones being left open and they should be careful to close them.

Baker said special meetings may be needed in February and March for the Transit Trust as several decisions will be needed prior to April 1. He said a list of proposed park improvement projects had been distributed and comments are welcome by January 25 as they are seeking funding.

Mayor Powell said the activation of the Emergency Operations Center was a very successful meeting; Fort Sill had not received a briefing of that nature in the past and that was the original reason for calling it but it was then found that we would participate in an exercise in April that involves this also. He said Asst. Fire Chief Bart Hadley will represent Lawton on the Governor's task force on terrorism; Gary Jackson had previously served as the City's representative.

Mayor Powell said regarding base closure, the Legislature has put a group together and Dr. Gibson was asked to serve by the Senate and he had asked that Lee Baxter serve. He said one meeting was held in McAlester and the purpose of the group is to protect Fort Sill and other installations in Oklahoma, and they are also looking to bring other missions to Fort Sill.

29. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss action remaining in the pending lawsuit International Association of Firefighters (IAFF) Local 1882 v. County Election Board, et al, Oklahoma Court of Civil Appeals Case No. 94,530 and IAFF, Local 1882 v. County Election Board, et al, District Court of Comanche County Case No. CJ-99-1388; and take appropriate action, if necessary, in open session. Exhibits: None.

Vincent reported pursuant to Section 307B4, Title 25, Oklahoma Statutes, the City Council convened in executive session to discuss the pending lawsuit International Association of Firefighters (IAFF) Local 1882 v. County Election Board, et al, and the Court of Appeals Case No. 94,530 and IAFF, Local 1882 v. County Election Board, et al. He said at this time we have arrived at some numbers and requested approval of a resolution authorizing the City Attorney to execute a journal entry of judgment in the amount of $480,025.74.

MOVED by Shanklin, SECOND by Baxter, to approve a resolution authorizing the City Attorney to execute a journal entry of judgment in the amount of $480,025.74. AYE: Bass, Devine, Purcell, Shanklin, Moeller, Baxter. NAY: Hanna, Haywood. MOTION CARRIED.

A resolution authorizing payment in CJ-99-1388 International Association of Firefighters, Local 1882 vs City of Lawton in the total amount of Four Hundred Eighty Thousand Twenty-Five Dollars and 74/100 ($480,025.74) plus contractual interest, until paid in full and placing said amount on the Sinking Fund.

Mayor Powell said he had visited with the City Manager and staff and asked that the street in Crosby Park Estates be closed. He said Council had been told Wal Mart would not want that street open but down the line someone may think about it and it would be a good idea to take that action now. Baxter said he understood they were going to pay to have the street closed. Mayor Powell said they were going to pay for the street frontage on NW 67th Street, and he hoped some of the funds could be used to help in that area as discussed previously.