Meeting of 2005-8-9 Regular Meeting

MINUTES
LAWTON CITY COUNCIL REGULAR MEETING
AUGUST 9, 2005 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor John P. Purcell, Jr.                        Also Present:
Presiding                        Larry Mitchell, City Manager
                            John Vincent, City Attorney
                            Traci Hushbeck, City Clerk
                            COL Sonny Uberti, Fort Sill Liaison
                            
Mayor Purcell called the meeting to order at 6:05 p.m. Notice of meeting and agenda were posted on the City Hall notice board as required by law.  Invocation was given by the Reverend Sam White, Carriage Hills Christian Church, followed by the Pledge of Allegiance.

ROLL CALL
PRESENT:                Rex Givens, Ward Two
                                                            Janice Drewry, Ward Three
                                                            Keith Jackson, Ward Four
Robert Shanklin, Ward Five
Jeffrey Patton, Ward Six  
                    Stanley Haywood, Ward Seven
                    Randy Warren, Ward Eight

ABSENT:                  Bill Shoemate, Ward One
                        
AUDIENCE PARTICIPATION: None

 FTA REGIONAL AWARD PRESENTATION TO LATS

Mayor Purcell presented an award to Steve Sherrer, General Manager of Lawton Area Transit System from the Federal Transit Administration, Region 6.  He presented the Award of Achievement for the highest percentage growth in the transit passenger ridership in Oklahoma for a small urbanized area transit program for FY 2004.

Mr. Sherrer stated this is the second year LATS has received this award.  He stated their total ridership was 237,000 passenger during the year 2004, which was an increase of 30,000 from the year before.  They are very proud that the system is continuing to grow.

TRASH OFF AWARD

Mayor Purcell presented the City Manager with an award from the Oklahoma Department of Transportation for the most volunteers for the Trash Off Day.  Lawton had 846 volunteers picking up trash on that day.  Mayor Purcell thanked all those volunteers who participated.

PRESENTATION FROM THE FIRST 158 TH FIELD ARTILLERY

Jerta Weakley stated it was just about a month ago that the City Council proclaimed August 7 th First of the 158th Appreciation Day.  She stated this past Sunday 875 soldiers and their families enjoyed a wonderful day at the Comanche Nation Water Park.  This was all possible because of  the support of the community.

Major Freddie Crowson stated on behalf of the solider of the 158 th, the City of Lawton is to be commended  for supporting the troops.  He presented Mayor Purcell with a shell.

AUDIENCE PARTICIPATION:

Carl Lewis, 1443 SE 90 th, stated he was concerned about all the hydrocarbons going into the air because of mistiming of traffic lights.   He is also worried about county residents burning trash.  He suggested the city  look at allowing those residents to use landfill.

Mayor Purcell stated the City Manager took notes and will look into his suggestions.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL MEETINGS OF JUNE 14 AND JUNE 28, 2005.

MOVED by Warren, SECOND by Givens, to approve the Minutes of June 14 and June 28, 2005.  AYE: Givens, Drewry, Jackson, Shanklin, Patton, Haywood, Warren.  NAY: None. MOTION CARRIED.

CONSENT AGENDA: Warren requested separate consideration for item 8.

MOVED by Patton, SECOND by Warren, to approve the Consent Agenda items as recommended with the exception of item 8. AYE: Givens, Drewry, Jackson, Shanklin, Patton, Haywood, Warren.  NAY: None. MOTION CARRIED.

1.    Consider adopting a resolution ratifying the action of the City Attorney and the City Manager in filing and making payment of the judgment in the Workers' Compensation case of Charles R. Buckman in the Workers' Compensation Court, Case No. 2005-03637H.  Exhibits: Resolution No. 2005-140.                        
2.    Consider approving the construction plans for an 8-inch waterline to serve the Hospice Center located at 1001 SE 36 th Street.  Exhibits: Location Map            
3.    Consider acknowledging receipt of a permit for the construction of sanitary sewer lines from the Oklahoma State Department of Environmental Quality to serve Sub-Basin 316, City of Lawton, Comanche County, Oklahoma.  Exhibits: None                        
4.    Consider adopting a resolution to rescind Resolution No. 05-102, which condemned property at 1711 N.W. 45 th Street.  Exhibits: Excerpt of Minutes from June 14, 2005, council meeting and Resolution 05-141.            
5.    Consider adopting revised City Council Policy 3-2, City of Lawton General Employee Injury Prevention Program and declaring an emergency.  Exhibits: City Council Policy 3-2 with proposed changes shown.                                    
6.    Consider approving a Resolution authorizing the installation of traffic control devices at SW 12 th Street and Pennsylvania, NW Willow Creek and Mickelgate, NW 22nd Street and Lindy, NW 29th Street and Euclid.  Exhibits: Resolution No. 05-435 and Traffic Commission Minutes of July 28, 2005.                    
7.    Consider denying a request for the installation of traffic control at 4208 NW Lindy, NW Keystone at Andrews, NW 13 th Street and Taylor and NW 16th Street and Lincoln.  Exhibits: Traffic Commission Minutes of July 28, 2005.                
8.    Consider adopting a resolution to execute the Project Agreement for Federal-aid Project Number STP-116E(129)EH, State Job Number 22621(04) between the City of Lawton and the Oklahoma Department of Transportation for a streetscape enhancement project for 2 nd Street from Ferris Avenue to Columbia Avenue and authorize the Mayor and City Clerk to execute the Project Agreement.  Exhibits: Letter from ODOT dated 6-6-2005, Resolution No. 143, Transportation Enhancement Project Agreement and Estimated Project Budget.                

Mitchell stated the funding source for this project would be $454,000 from the Oklahoma Department of Transportation, the 20% local match would come from either the Lawton Urban Renewal Authority or from Community Development Block Grant funds.  He stated the CDBG and LURA funds would be determined to be federal money and the agreement restricts use of those monies.  He is proposing that the local share come from either existing funds this year or from funds that would be appropriated out of the FY 2006-2007.  He stated they would ask LURA to pay the design fees and CDBG fund the additional work that will be required on the project for infrastructure.  He stated there is currently money allocated to the Haggar project and those monies would now be available and he would suggest that they use part of that money to support the project.

Givens questioned how much would be available from the Haggar plant.

Mitchell stated it was approximately $206,000.

Givens stated it was his understanding that some of those funds were going to a project approved in zone one.

Mitchell stated that between the two projects, they are in the ballpark.  He stated that as the sponsor, the City of Lawton is responsible for any overruns in the project.

Patton stated he had no problem supporting this item, but he does not want it to impact the drainage project in zone one.

Givens stated he believed they were okay with the project.

MOVED by Patton, SECOND by Givens, to adopt Resolution No. 05-142 to execute the Project Agreement for Federal-aid Project Number STP-116E(129)EH, State Job Number 22621(04) between the City of Lawton and the Oklahoma Department of Transportation for a streetscape enhancement project for 2nd Street from Ferris Avenue to Columbia Avenue and authorize the Mayor and City Clerk to execute the Project Agreement. AYE: Drewry, Jackson, Shanklin, Patton, Haywood, Givens.  NAY: None. ABSTAIN: Warren. MOTION CARRIED.

Mayor Purcell requested that item #22 be moved forward.

22.    Receive a report on E-911 and take appropriate action if necessary.  Exhibits: Memos to E-911 Merger Committee.                                    

Jackson stated he has asked Comanche County Commissioner Ron Kirby to attend.  He stated he and Councilmember Warren have been charged with the task of reviewing the past merger attempt to see what may have gone wrong as well as attempt to bring the City of Lawton and Comanche County into a merger system with E-911.  They met with the Police Chief, Fire Chief, Communications Supervisor and Assistant City Manager to educate themselves about all the aspects of combining the system.  They were educated on what the city had, the county had, and what they needed to do to bring it under one umbrella so they can provide the most safety for the health and welfare of the entire county.  They then began to have meetings with individual people they felt were important to the movement of the committee.  They spoke with each County Commissioner on an individual basis and received their input.  They also received input from state elected officials and Mayors from surrounding areas.  He stated he and Councilmember Warren felt that they have so much input from the necessary people involved that they feel comfortable asking the City Council to approve the concept for merger and ask the City Manager to work out the details monetarily and the physical aspect of moving equipment.

Warren stated they are looking at a combined system that is neither owned by the City of Lawton or Comanche County.  They are hoping that they can put together an authority or separate entity that will be able to house both units and use them as one system.  The important part is that it is not going to be a city or county facility, but a Comanche County Regional E-911 Center.  If they are proactive, there will be a future need for a regional 911 center, but for a multiple county area, and we can step forward because we will have the facility and the ability.  He stated we need to combine both systems in one location, but maintaining separate entities.  They would then begin training the dispatchers so that they would be able to operate both systems.  Basically, it would mean improved service and a lowered cost for everyone.  They hope that they will be able to separate 911 and emergency services.   They would create a 911 center and also an emergency response center.  The emergency response center would be located in the basement of the County Courthouse because they already have infrastructure in place.  It would also be a place to install some consoles that would be available if something happened to the combined center.  We could also place a back up emergency center in the E-911 center in case something happened to the courthouse.  They are receiving positive feedback from everyone involved and are looking at a minimum of 18 months before a separate entity could be formed.

Jackson stated with I-44 being designated as a corridor for Homeland Security, they wanted to place Lawton in a position to be the regional 911 dispatch center.  This move will put Lawton in that position.  He asked Commissioner Kirby to speak on this issue.

Warren stated that initially, the start up cost would be between $20,000 - $40,000.

Haywood questioned where the combined center would be located.

Jackson stated that initially, the county consoles would be moved in with the city.

Warren stated it is a lot cheaper to move two consoles rather than moving six.

Ron Kirby, Comanche County Commissioner, thanked the City Council for all their hard work.  He stated that grant money is available through Homeland Security, but they will not provide assistance for two systems.  He likes the idea that this will be for all the county residents.  They would like to proceed because it just makes common sense. Given the cost and the multitude of factors to overcome, they must take the first step.  He emphasized the most important factor is that each resident of Comanche County, and eventually all of Southwest Oklahoma, will have the fastest emergency service possible. Comanche County needs to accept the position of leadership for Southwest Oklahoma and have the regional center located in Lawton.  He stated the County Commissioners voted unanimously to support this issue.

Jackson thanked Commissioner Kirby because his position will have a lot of impact on the opportunity to combine the systems.  He stated they also need to get to work on the ballot initiative with the cell phone situation.  The public will be asked to approve a .50 cent per cell phone bill which will establish a cross direction system for cell phones.

Warren stated that almost three years ago the Mayor put together a steering committee of the Police Chief, Fire Chief, Sheriff and representatives from rural law enforcement and volunteer fire departments.  He would like to see citizens and that steering committee run this entity.  Politics does not need to be involved.

Haywood questioned if the Sheriff was involved.

Jackson stated he was brought into one of the meetings and had an hour and a half conversation with him.  He was excited about the possibility of a back up E-911 system.

Kirby stated they perceive that an authority will be over the 911 system and members of law enforcement and fire departments will be involved.  He stated the Sheriff would certainly have input into the protocol of how to handle the county area.  

Haywood stated he would like to see the Sheriff on this committee.

Mayor Purcell stated the sheriff will decide the protocol to be used for E-911 for every single thing in the county.  He will be heavily involved.  He will be on the steering committee that will most likely be over this entity.   He has been on the steering committee since day one.

MOVED by Jackson, SECOND by Drewry, to approved the concept of a merger with Comanche County E-911 System and ask staff to begin the process of determining the cost and actual details of the merger.  AYE: Jackson, Shanklin, Patton, Haywood, Warren, Givens, Drewry.  NAY: None. MOTION CARRIED.

9.    Consider adopting a resolution to execute the Project Agreement for Federal-aid Project Number STP-116E(130)EH, State Job Number 22622(04) between the City of Lawton and the Oklahoma Department of Transportation for a transportation museum on the grounds of the Museum of the Great Plains and authorize the Mayor and City Clerk to execute the Project Agreement.  Exhibits: Letter from ODOT dated 6-6-2005, Resolution No. 143, Transportation Enhancement Project Agreement and Estimated Project Budget.        
10.    Consider awarding contract for Filter Media (CL05-060).  Exhibits: Department recommendation and Abstract of Bids.                                        
11.    Consider awarding contract for Liquid Sulfur Dioxide (CL05-062).  Exhibits: Department recommendation and Abstract of Bids.                            

12.    Consider terminating contract with Interstate Gourmet Coffee Roasters, Inc. for Jail Beverage Products and authorize item to be rebid. (CL05-034).                    
13.    Consider approving the following contract extensions: A. Copper and Brass (CL04-058) with Water Products of Oklahoma, Inc. –  Water Distribution and Revenue Services and B) Water Meters, Parts and Service (CL03-062) –  Sensus Metering Systems.  Exhibits: None                

14.    Consider approval of payroll for the periods of July 18 - 31, 2005. Exhibits: None.

BUSINESS ITEMS:

15.    Consider adopting an ordinance pertaining to offenses and crimes amending Section 16-5-1-503, Division 16-5-1, Article 16-5, Chapter 16, Lawton City Code, 1995, by expanding the list of objects that can be considered “drug paraphernalia” and providing for severability.  Exhibits: Ordinance No. 05-___.

Vincent stated the state recently passed a law expanding the list of what is considered paraphernalia and in order for the city to prosecute in Municipal Court, they need to bring it into our ordinance.

MOVED by Patton, SECOND by Warren, to adopt Ordinance No. 05-67, waive the reading of the ordinance and read the title only.   AYE: Shanklin, Patton, Haywood, Warren, Givens, Drewry, Jackson.  NAY: None. MOTION CARRIED.

(Title read by City Attorney)                    Ordinance 05-67

An ordinance pertaining to offenses and crimes amending Section 16-5-1-503, Division 16-5-1, Article 16-5,  Chapter 16, Lawton City Code, 1995, by expanding the list of objects that can be considered "drug paraphernalia" and providing for severability.

16.    Consider an ordinance amending Section 6-7-1-704, Division 6-7-1, Article 6-7, Chapter 6, and revising the title for Section 11-2-201, Article 11-2, Chapter 11, Lawton City Code, 1995, relating to striking references to the BOCA National Property Maintenance Code and BOCA National Fire Prevention Code and in its place, adding International Property Maintenance Code, International Existing Building Code, and the International Fire Code, providing for severability and declaring an emergency.  Exhibits: Ordinance No. 05-______.                            

Vincent stated that this is a clean up ordinance which was originally approved on May 10 th, but some sections had improper references.  This is bringing those into compliance.

MOVED by Patton, SECOND by Warren, to adopt Ordinance No. 05-68, waive the reading of the ordinance, read the title only and declare and emergency.   AYE: Patton, Haywood, Warren, Givens, Drewry, Jackson, Shanklin. NAY: None. MOTION CARRIED.

(Title read by City Attorney)                    Ordinance 05-68

An ordinance pertaining to building and development appeal board; duties amending Section 6-7-1-704, Division 6-7-1 Article 6-7, Chapter 6, Lawton City Code, 1995, by incorporating a reference to newly adopted building code provisions; amending Section 11-2-201, Article 11-2, Chapter 11, Lawton City Code, 1995, by amending the title, providing for severability, and declaring an emergency.

17.    Consider a resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995 creating a resubmission of plans fee. Exhibits: Examples of initial plans and second plans submission reviews and Resolution No. 05-____.                      
Debra Jones, Acting Planning Director, stated over the last fifteen months there has been an increase in development activity and unfortunately this has led to consulting engineers submitting plans for subdivisions or infrastructure proposed for dedication that were grossly incomplete.  This leads to extensive reviews by our engineers to produce a punch list of deficiencies that should have been addressed in their initial submissions.  Approximately two weeks ago a letter was sent to all the consulting engineers encouraging them to take more care in the production of the plans prior to submission.  The second phase would be to adopt a resubmission fee.  This would be the same fee they initially pay for their review.  

Shanklin questioned if these engineers were from Comanche County.

Jones stated yes.

Givens questioned if the engineer made an honest effort to do it right, but there was one minor thing wrong, would they be required to pay a resubmission fee.

Jones stated no.  A normal submission on a construction plat may have 25 questions that need to be addressed between both engineers that deal with design.  They are not looking for an absolute clean submission, but are looking for all the sets of plans and all the reports so they can start a review without an extensive punch list of deficiencies.  

MOVED by Patton, SECOND by Warren, to adopt Resolution No. 05-144 amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995 creating a resubmission of plans fee. AYE: Drewry, Jackson, Patton, Haywood, Warren, Givens. NAY: None. ABSENT: Shanklin. MOTION CARRIED.

18.    Consider approving Amendment No. 1 to the Lease Agreement with the Lawton Community Theater and authorize the Mayor and City Clerk to execute the Amendment.  Exhibits: Amendment No. 1 is on file in the City Clerk’ s Office.                    
Vincent stated this is related to item #19.  The lease document with Lawton Community Theater does not include the parking lot and it was necessary in order for them to submit a grant and ask the city for matching funds.  This document is to approve an amendment expanding the legal description of the area leased to include the parking lot at Lawton Community Theater.  

MOVED by Warren, SECOND by Haywood, to approve Amendment No. 1 to the Lease Agreement with the Lawton Community Theater, and authorize the Mayor and the City Clerk to execute the Amendment. AYE: Jackson, Shanklin, Patton, Haywood, Warren, Givens, Drewry.  NAY: None.  MOTION CARRIED.

19.    Consider approving request from the Lawton Community Theater to lay an asphalt parking lot adjacent to (west of) the John Denney Playhouse located at 1316 NW Bell Avenue and additionally requests matching funds of $10,000 to match an already existing donation by the Walton Family Foundation to complete the project. Exhibits: Letter of Request from the Lawton Community Theater and cost estimate of the project.                            
Kim Shahan, Parks and Recreation Director, stated Lawton Community Theater would like to create an asphalt parking lot and has asked for assistance in terms of matching funds for a grant.  

Jackson questioned if there is a proposed border on the parking lot.  He does not want to see everyone driving through the park.

Shahan stated that currently there is a railing that eliminates anyone from driving through the parking area.

MOVED by Patton, SECOND by Haywood, to approve a request from the Lawton Community Theater to lay an asphalt parking lot adjacent to (west of) the John Denney Playhouse and approve matching funds of $10,000 to match an already existing donation by the Walton Family Foundation to complete the project.  AYE: Shanklin, Patton, Haywood, Warren, Givens, Drewry, Jackson.  NAY: None.  MOTION CARRIED.

20.    Consider and take appropriate action concerning a request for a competitive Request for Proposal (RFP) process to allow for camping area improvements and concession operations at Robinson’ s Landing, Lake Lawtonka.  Exhibits: Letter, RLM Investments Group, LLC.                

Shahan stated he received a request from RLM Investment Group in reference to allowing the Robinson’ s Landing camping area, store and property to become a development site for improvements.  They do understand that this would be a competitive bid process, and that he would need to establish specifications, submit them to the spec committee, bring to the City Council for approval, then go out for bids.  This particular firm would then have an opportunity to put together a RFP.  He did let them know that he is aware of the amount of revenue currently generated from the boathouses and the camping area and he would not recommend awarding this to an outside operator if the city were not able to receive at least what is currently being generated and increase those revenues in the future.

Patton questioned if this was currently in house.

Shahan stated the city leases the store, but operates the camping.  They are generating approximately $50,000 in revenue for this particular operation.  He stated the investor assured him they could provide the same level of income and still make the improvements.  

Patton questioned if the $50,000 was net.

Shahan stated yes.

Vincent stated he has been advised by previous councils that they are not going to get into a situation like they have at School House Slough.  He questioned if they were putting in the RFP that if they bail on the lease after two, three or five years, the improvements become the City’ s without cost.

Shahan stated he would recommend that to the spec committee.

Shanklin questioned what was the situation at School House Slough.

Vincent stated  that currently there is a buy out provision in certain circumstances and they do not want to put the city in that situation ever again.

Alberta Henderson, 315 NW 62 nd Street, stated at Robinson’ s Landing there was a man named Larry Meese who took great care and made improvements.  She stated her and her husband have also made improvements to the store.  Now Micky Massey has the store and has invested a lot of money.  She finds it a great insult that she has not been notified that this is coming.  She is concerned about the rent and if it is going to go up.  The people that are out there every weekend are the ones who are taking care of the area.  She recommended that the city leave it to the people of Lawton to run the store.  She stated in September 2, 2003 she received a fax from the engineering division that performed a petroleum hydro carbon release study that stated that subsurface soil is impacted beneath their property that presents a significant health risk.  New buildings or other structures should avoid the area determined to have contaminated soil under the surface.  She stated this was from the old gas pumps.  She believes that people need to be aware that there is contaminated soil that needs to be removed.

Michelle Massey, 1610 NW 27 th Street, stated she is concerned because she is the one who is currently leasing the building.  Is her rent going to go up.

Mayor Purcell stated this is just the start of the process.  If the city puts out an RFP, they have the opportunity to take over Robinson’ s Landing, if they choose.  They could still be part of the store which would be included in someone else’ s bid.    There is a long way to go until a decision is made on who has the store.

Jackson stated they are required by law to go out for bids.  Nothing will be decided without going through a process and it will be up to the City Council to make a decision after the bids are selected.

MOVED by Warren, SECOND by Shanklin, to direct staff to pursue a competitive Request for Proposal process for camping area improvements and concession operations at Robinson’ s Landing.  AYE: Patton, Warren, Givens, Drewry, Jackson, Shanklin.  NAY: Haywood.  MOTION CARRIED.

21.    Consider receiving a report on the City’ s financial condition for the 4 th Quarter of fiscal year 2004-2005, and provide direction to staff.  Exhibits: None.    

Rick Endicott, Finance Director, stated that overall the end of the year report looks good. The revenue in the general fund side was up approximately 5%.  The revenue on the enterprise fund was down 1 ½%.  Expenditures were below the budgeted expenditures in the neighborhood of 5%.    Sales tax did well, but water is down about 4% from last year. Overall he said they were right on target and numbers are fairly good.

Mitchell questioned if they have looked at any numbers regarding fuel costs.

Endicott stated they were not looking good and will probably have to come back to the City Council mid year with a recommended amendment to the budget.                    

23.    Consider directing City staff to evaluate the eligibility requirements for the Section 108 Loan Guarantee Program which utilizes Community Development Block Grant Funds to secure future debt service payments and take the appropriate action as required.  Exhibits: Letter dated July 28, 2005 from Kevin McNeely, HUD and Section 108 Loan Guarantee Program information packet.                

Givens stated he would like to point out a correction in a recent editorial that was completely inaccurate.  He had proposed at the last council meeting that they look into the section 108 loan guarantee program that would allow the city to obtain up to five times the annual entitlement under Community Development Block Grant funding as a loan that can be paid back over a period of 20 years at a very low interest rate.  This loan can be paid back using CDBG funds, not general funds, as was reported in the editorial.  He stated he did not know where the reference to garvy bonds came from.   He stated a letter was passed out from Tom Aplin, Assistant Director of Housing and Community Development, as to funds available under the section 108 program.  There is  $200,000 million in carry over funds and there has been no funds appropriated for 2006.  The program may or may not last and there is talk about moving it from HUD to the Department of Commerce.  There is a need to have additional funds to start or finish Phase I of the 2 nd Street redevelopment project.  The project is extremely important and may address some of the blight and problems from Railroad Street over to 4th Street and from Ferris to the downtown area.  It would certainly qualify as a low to moderate income area.  The city needs to take for first step to show it is earnest about revitalization.  He believes that we will not see private development until the city steps forward and starts the ball rolling.  He stated he feels that the CDBG funding has been spread out in a lot of areas without a significant result such as doing something in a specific area.  For once they should put those funds into one area and see significant results.  

Warren stated this is the time to get more bang out of the buck.  There is a convergence of things happening such as BRAC, Chamber revitalization project and the 2 nd Street project all happening at one time.  They have the ability to take CDBG funds and actually touch a neighborhood and make a difference.

Haywood stated he supports the 2 nd Street enhancement, but those small projects funded by CDBG make a difference in this community.  Many residents will not be able to receive emergency funds.  He agreed that 2nd Street should have been done years ago, but there was no money spent in South Lawton with the exception of Mattie Beale.

Givens stated he does not believe that all the CDBG money would go to the 2 nd Street project.  He hoped that the City Council could see that this is an opportunity to do something significant and will not affect the housing part of the CDBG funds.

Haywood stated he does not want to put that program in jeopardy.

Warren stated the only way these programs will be in jeopardy is if there is action on the federal level.

Mayor Purcell stated that from the information he received from the National Conference of Mayors, it appears that CDBG will keep coming and will not go to the Department of Commerce.  The amount may not be as much.  If CDBG does go away, someone will come up with another program.

Court Newkirk, Lawton-Ft. Sill Chamber of Commerce, stated they had reviewed the proposal, and spoken with their financial consultant for their revitalization project, John Stainback.  They were informed that there are dozens of ways to finance public and private and public/private partnerships for everything from infrastructure to major projects.  They need to explore every possible avenue to speed along the projects and move the process forward as quickly as possible because it is all about momentum.  They hope to put out their first RFP for a major public/private partnership development by April of next year.  He stated the downtown redevelopment committee at the Chamber urges the City Council to explore all avenues including the section 108 because they are in support of the 2 nd Street Corridor project and moving forward as soon as possible.

Patton questioned if they were legally able to participate.

Vincent stated the city can legally enter into a 108 loan obligation with HUD without going to a vote of the people as long as all of the funds pledged for payback are federal funds.  The home funds will have to be segregated.  If there is any security required other than federal money, they will have to go to a vote of the people for a debt that is longer than one year.

Tom Aplin, Assistant Director of Housing and Community Development, thanked the City Council for exploring this issue and felt it does have possibilities to help further this project. He stated the City of Lawton is eligible to apply for a section 108 loan just by virtue of the fact that we an entitlement community with a Community Development Block Grant which is the basic criteria.  They still must meet eligibility requirements of the CDBG programs and one of the national objectives: benefit low and moderate income individuals, address urgent need or address slum and blight.  Each of those areas has specific criteria to be eligible.  He stated he is concerned about what will be asked of his office in terms of bringing input back to the City Council to help decide whether they want to use the 108 loan.

Mayor Purcell stated that was between Mr. Aplin and the City Manager.  Mr. Mitchell understands what the City Council wants and will give his guidance.

MOVED by Givens, SECOND by Drewry, to direct staff to evaluate the eligibility requirements for the Section 108 Loan Guarantee Program which utilizes Community Development Block Grant funds to secure future debt service payments with respect to the 2nd Street improvement project. AYE: Givens, Drewry, Jackson, Shanklin, Patton.  NAY: Haywood. ABSTAIN: Warren.  MOTION CARRIED.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER

The Mayor and Council convened in executive session at 7:54 p.m. and reconvened in regular, open session at 9:08 p.m.  Roll call reflected all members present.

BUSINESS ITEMS:  EXECUTIVE SESSION ITEMS

Warren stated he enjoyed himself at the rodeo breakfast and the candlelight vigil with the Pioneer Women.  

Haywood stated school is starting on August 19 th and suggested everyone drive safely.

Jackson stated he forgot to mention that the City of Lawton currently has a history of combining the E-911 system.  We are presently combined with Ft. Sill which is working very well.  He stated there are still  electronic answering machine systems in several departments.  He stated they developed a mission statement when he previously served on the City Council which states “to provide efficient, effective and responsive customer oriented service delivery”.  We do not do this with an electronic answering machine system. He requested staff agenda an item to talk about getting rid of these systems.

Mitchell requested time to evaluate their options.

Jackson stated he keeps hearing from the public about this issue.  He hates calling the Parks and Recreation Department and would like to do something while he has the opportunity.

Greg Buckley, Assistant City Manager, stated he had a conversation that afternoon with Mr. Shahan and they are targeting August 19 th to have a person answer those lines.

Drewry commended Jackson and Warren on a thorough study of the E-911 system.

Mayor Purcell stated he needed a City Councilor to serve as the liason to the Library Board. Councilman Givens is busy with other committees and has asked to be replaced.

Warren volunteered to serve.

Mayor Purcell reminded everyone to wear red on Fridays.

Mitchell introduced Tony Griffith who is the new Neighborhood Services Supervisor.

The Mayor and Council convened in executive session at 7:54 p.m. and reconvened in regular, open session at 9:08 p.m.  Roll call reflected all members present.

24.    Pursuant to Section 307B.1, Title 25, Oklahoma Statues, consider convening in executive session to discuss the evaluation review of Michael Corrales, Municipal Judge, and if necessary, take appropriate action in open session.   

Mayor Purcell read the title of Item 24 shown above.  No action was required in open session.                                
25.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the case styled IAFF Local 1882 and Raymond Dye vs. The City of Lawton, Case No. FMCS 050107-52419-7, and if necessary, take appropriate action in open session.  

Vincent read the title of Item 25 shown above.  He stated a frank and open discussion was held and the City Attorney did make a recommendation.  

MOVED by Warren, SECOND by Jackson, to authorize the City Attorney to commence litigation to seek to vacate the arbitrators decision in Raymond Dye’ s termination grievance.  AYE: Haywood, Warren, Givens, Drewry, Jackson, Shanklin, Patton.  NAY: None.  MOTION CARRIED.

ADJOURNMENT

There being no further business to consider, the meeting adjourned at 9:10 p.m. upon motion, second and roll call vote.
                            JOHN P. PURCELL, JR., MAYOR

ATTEST:

TRACI HUSHBECK, CITY CLERK


ADJOURNMENT