MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

FEBRUARY 24, 2009 –  6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor John P. Purcell, Jr.                Also Present:

Presiding                        Larry Mitchell, City Manager

                            Frank Jensen, City Attorney

                            Traci Hushbeck, City Clerk

COL Robert Bridgford, Fort Sill Liaison  

            

Mayor Purcell called the meeting to order at 6:12 p.m. Notice of meeting and agenda were posted on the City Hall notice board as required by law.   Invocation was given by Pastor Ron Dupont, Faith Family Fellowship, followed by the Pledge of Allegiance.

ROLL CALL

PRESENT:                Bill Shoemate, Ward One  

James Hanna, Ward Two

Janice Drewry, Ward Three

Jay Burk, Ward Four

Robert Shanklin, Ward Five

Jeff Patton, Ward Six                    

Stanley Haywood, Ward Seven (arrived @ 6:15 p.m.)

                    Randy Warren, Ward Eight

ABSENT:                    None

ROLL CALL

PRESENTATION OF CITIZEN OF THE MONTH FOR FEBRUARY 2009 TO LADONNA ROGERS.

Sandra Kuntz, Chairman of the Mayor’ s Commission on that Status of Women announced that Ladonna Rogers has been named Citizen of the Month for February 2009.  

Mayor Purcell read a Certificate of Congratulations from the State of Oklahoma and a Certificate of Commendation from the Mayor’ s Office.  

It was announced that the Woman of the Year reception will be held on April 2 at 6:00 p.m. at The Event, 101 A Street.   

 

PRESENTATION TO COUNCILMEMBERS PATTON AND WARREN.

Mayor Purcell presented plaques to Councilmembers Patton and Warren for their service.

PRESENTATION BY CANDACE MCCOY REGARDING GROWTH PLANS FOR MEDICINE PARK.

Candace McCoy, Medicine Park, reported that the City of Lawton actually owns Lake Gondola.  She stated the property along the creek has been donated to the Medicine Park Economic Development Trust Authority.  They have acquired tourism grants and have done a great job cleaning up the area.  There are several problems with the survey they obtained which was done in the 1960’ s.   This survey has clouded people’ s title of ownership.  She stated there is only a few feet of water across Lake Gondola and vegetation has grown and they will have to address this problem as they continue the pedestrian walkways.  They cannot seek funds to clean up Lake Gondola because they don’ t own it.  The first solution would be to do a joint venture to get a corrected survey and to correct the deed. She suggested the City of Lawton donate Lake Gondola and the dam to the Medicine Park Economic Development Trust Authority and let them seek out funding and grants to clean up and maintain both the dam and Lake Gondola.

Shanklin questioned how long they have known that the City of Lawton owns this property.

Ms. McCoy stated they just realized this a few years ago.

Shanklin stated he would not have a problem giving this back to this trust.

Drewry stated that this would be a benefit to Lawton as well and she feels that working with them will be a plus to everyone.

Shoemate stated that Medicine Park has made great strides over the past few years and they have done a great job.  

Mayor Purcell stated it is the consensus of the City Council to direct the City Manager to look into this issue and come back to the City Council with a recommendation.

AUDIENCE PARTICIPATION: None.

CONSENT AGENDA: The following items are considered to be routine by the City Council and will be enacted with one motion. Should discussion be desired on an item, that item will be removed from the Consent Agenda prior to action and considered separately.

Mayor Purcell stated they need to strike item #13.

1.    Consider the following damage claim recommended for approval and consider passage

of the resolution authorizing the City Attorney to file a friendly suit for the claim which is

over $400.00: Michael and Barbara Stevenson in the amount of $741.22. Exhibits:

Legal Opinion/Recommendation and Resolution No. 09-25.

2.    Consider adopting a resolution approving the settlement by a joint petition and making payment in the workers’  compensation claim of Martin Odom.  Exhibits: Resolution No. 2009-26.

3.    Consider approving an Outside Water and Sewer Sales Contract with Bob Williams Taxidermy and authorize the Mayor and City Clerk to execute the Contract.  Exhibits: Location Map.  Contract is on file in the City Clerk’ s Office.

4.    Consider renewing a Professional Services Agreement with John Lemmon Films, Inc. for a stormwater education campaign, and authorize the Mayor and City Clerk to execute the document.  Exhibits: Professional Services Agreement.

5.    Consider approving a Procedural Memorandum between the City of Lawton, Lawton Economic Development Authority, and the Comanche County Assessor & Treasurer for Ad Valorem Taxes generated by TIF District #1 and take action as deemed necessary.  Exhibits: Letter 2009.02.06 from Leslie Batchelor, Procedural Memorandum Re: Financial and Reporting Procedures–  Ad Valorem Taxes Increment District No.1, City of Lawton and Certificates of Ad Valorem Taxes Form.

6.     Acknowledge receipt of election returns of December 9, 2008 and February 10, 2009.  Exhibits: Official Certification of Votes from Comanche County Election Board.  

7.    Consider approving request from the Arts & Humanities Division to pursue applying for a Local Government Challenge Grant from the Oklahoma Arts Council for FY 2009-10.  Exhibits: None.

8.    Consider approving a request from the Lawton Police Department that $40,000.00 be allocated from the citation training fund to purchase training equipment and supplies to furnish the Lawton Police Departments portion of the new training center facility located at Great Plains Technology Center (GPTC). Exhibits: None.

9.    Consider and take action with respect to a resolution authorizing and approving the issuance by the Lawton Water Authority of an amended promissory note to the Oklahoma Water Resources Board pertaining to the conversion of the Authority's Series 2001B promissory note from a variable interest rate to a fixed interest rate; and containing other provisions related thereto. Exhibits: Resolution No. 09-27.

10.    Consider accepting a FEMA/State of Oklahoma reimbursement check for the total amount of two hundred twenty one thousand six hundred seventy three dollars and sixty two cents ($221,673.62) and authorize the Finance Department to deposit these funds into the General Fund, FEMA Fund 35, Sewer Rehab Fund and the 2005 CIP to reimburse the accounts from which the funds were expended during the 2007 summer floods.  Exhibits: Summary of FEMA/State of Oklahoma checks received to date and eligible project costs.

11.    Consider approving contract Amendment #1 with Garver Engineers for additional engineering services for the Rogers Lane (Flower Mound to I-44) Roadway Project #2008-1.  Exhibits: Amendment #1 to Agreement.

12.    Consider approving plans and specifications for the Numu Creek Bridge Replacement Project #2008-15 and authorizing staff to advertise for bids. Exhibits: None.

13.    Consider approving a lease agreement with Duit Construction Company, Inc. for City property located along the NW 67 ^th Street Project (Cache to Rogers Lane) for a temporary concrete batch plant/construction site. Exhibits: None. STRICKEN.

14.    Consider approving plans and specifications for the E-911 Dispatch Center Antenna Tower Project #2009-6 and authorizing staff to advertise for bids. Exhibits: None.

15.    Consider approving the record plat for Scissortail, Part 1, and accepting performance bond in lieu of improvements and easements.  Exhibits: Plat Map.  Performance Bonds and Easements are on file in the City Clerk’ s Office.  

16.    Consider accepting the 8-inch sanitary sewerline, easements, and maintenance bond for the LATS maintenance facility located at 609 SW Bishop Road.  Exhibits: Location Map.  Easements and Maintenance Bond on file in the City Clerk’ s Office.

17.    Consider awarding (CL09-028) Filter Media (GAC) Removal & Replacement to Carbon Activated Group of Compton, CA.  Exhibits: Department recommendation, abstract of bids.

18.    Consider awarding (CL09-032) Thermoplastic Material & Epoxy Primer/Sealer to The Sherwin-Williams Company of Manchester, GA. Exhibits: Department recommendation, abstract of bids.

19.        Consider awarding (CL09-034) Mowing & Litter Contract II – Areas E & D to Teen Challenge of Oklahoma of Cache, OK.  Exhibits: Department recommendation, abstract of bids.

20.    Consider awarding (CL09-034) Mowing & Litter Contract II –  Areas I, J & K to L.C. Lawn Care of Altus, OK.  Exhibits: Department recommendation, abstract of bids.

21.    Consider awarding (CL09-023) Aqueous Ammonia to Southwest Chemical Services Inc. of McAlester, OK.  Exhibits: Department recommendation, abstract of bids.

22.    Consider awarding (CL09-022) Cationic Polymer to Ciba Corporation of Suffolk, VA.  Exhibits: Department recommendation, abstract of bids.

23.    Consider rejecting bids for (CL09-035) Metal Products.  Exhibits: Department Recommendation, abstract of bids

24.    Consider awarding (CL09-031) Industrial Pretreatment Program Software to Linko Data Systems, Inc. of Wheat Ridge, CO.  Exhibits: Department recommendation, abstract of bids.

25.    Consider approving appointments to boards and commissions.  Exhibits: None.

26.    Consider approval of payroll for the period of February 9 –  22, 2009.

OLD BUSINESS ITEMS:

27.    Consider approving Council Policy 1-10 creating and establishing an economic development assistance policy for the City of Lawton.  Exhibits: Proposed Council Policy 1-10, revised.

Shoemate thanked Councilmember Burk and those on the committee who studied this issue and brought their expertise to these meetings so that they could come up with a workable plan.

Burk stated they have split this into two policies, retail and industrial development. This policy will be for retail development.  They have not completed the policy for industrial development.  They set up guidelines on who would be responsible for overseeing this and then it would come back to the City Council for approval.  

Shoemate stated this will be easy for developers to understand.

Shanklin stated that this says that LEDA will act as a recommending body to the City. He questioned what that meant and will the City Council ever see it again.

Burk stated LEDA will oversee those applications and those applicants will know what the City is willing to do.  They did set a size standard because we cannot do every project in town.

Shanklin requested an example of how this will help someone.  Do they have to be from Lawton?

Burk stated they can be from anywhere, but they must meet the criteria for development assistance.

Shanklin questioned if this can be anywhere in the city limits.

Burk stated yes.  This is also performance based and once they start occupying the building they have five years to get paid back on the sales tax side of it and we pay them back with up to 50% of the sales tax and no more.  He stated we are not promising any money up front.  It is a good way to tell someone that we want them here and are willing to help.  There are things that the state says that we cannot do.

Shanklin questioned how this was funded.

Burk stated there is no funding needed, we will take it from the sales tax that this generates. He stated this is a good policy and they made a lot of changes from the original document.

Fred Fitch, committee member, stated these items will either come to the Lawton Economic Development Authority (LEDA) or the Lawton Industrial Development Authority (LIDA).  

Shanklin stated once LEDA gets it the City Council will never see it again.

Mr. Fitch stated that LEDA will make a recommendation to the City Council and the City Council will finalize every single retail development.  All they will do is recommend it to the City Council or will not send it to the City Council because it does not meet the criteria.

Haywood questioned the redevelopment projects.

Mr. Fitch stated they will fall under the same guidelines.

VOT ON MOTION:  AYE: Drewry, Burk, Shanklin, Patton, Haywood, Warren, Shoemate, Hanna. NAY: None.  MOTION CARRIED.

NEW BUSINESS ITEMS:

Mayor Purcell stated there are several people in the audience for item #32 and he would like to address that item next.

32.    Consider approving the site selection and development concept for the Armed Services YMCA of Lawton Fort Sill, Inc. facility, authorize the City Manager to negotiate a lease agreement between the City of Lawton and the Armed Services YMCA Lawton Fort Sill, Inc. and authorize the Mayor and City Clerk to execute the agreement.   Exhibits: Proposed Lease Agreement & Lease Provisions, Site Plan, KCAILUC Letter of Support, Email of Progress from Congressman Cole’ s office and Architectural Sketch-Ups of Proposed Building.

Shoemate stated he has supported this project from the beginning and they are overcrowded where they are at and we all need something that we can be proud of.  

Burk stated they could not help a better organization in our community and this will be a great asset to this location.

Haywood thanked the KCA and Chairman Coffey.

Shoemate stated the KCA originally donated that land to Lawton and because they signed off on this project he feels that is why the Department of Interior did not turn them down.  He commended the staff at the Armed Services YMCA (ASYMCA) for their vision and hard work.

Kim Thomas, President of Board of Trustee for ASYMCA, stated three years ago a community needs assessment was done and it was determined that they needed more space and a more modern facility.  They then hired an architect and a construction manager through a technical planning grant to help them design a building.  They came up with a 32,000 square foot footprint.  She stated this will change with the location and how the building will lay out on that location.  She stated they are here tonight to ask the City Council to work with them so that they can proceed with negotiations for a long term lease at Elmer Thomas Park.  

Shanklin questioned what preference they had for the site.

Ms. Thomas stated their preference is to be right on Cache Road where the Army Reserve Center currently is, but they do not know if they are going to vacate in time for them to meet the needs that they have for their new facility.

Bill Vaughan, ASYMCA, stated they have not been able to ascertain when exactly the reserve center will open their new facility.  Through their technical planning grant they need to go into a feasibility study to see if the scope of their project is feasible based on the support that they get from the local community and nationally. In order to do a feasibility study they need to be concrete on where the location will be.  

Mitchell stated the Parks and Recreation Board did approve a tentative site which is immediately north and adjacent to the Comanche Museum.  

Mayor Purcell stated they have no idea what will happen with the armory or the reserve center.  That will be years down the pike before they get a decision.

Ms. Thomas stated they need to move forward with their feasibility study.

COL Bridgford stated the groundbreaking for the Armed Forces Reserve Center, which they are building on the installation, will probably happen later this spring.  It will be at least eighteen months before that is completed and sometime after that the reserve and guard units will fall in on the facility they will build on Fort Sill.

Mayor Purcell stated even after the facility is vacated in two years or so, we still don’ t know if we will get it.

COL Bridgford thanked the ASYMCA for all they do for the community and for the soldiers and families.  He also thanked the City Council and the KCA for their efforts.  

28.    Hold a public hearing and consider an ordinance changing the zoning from C-1 (Local Commercial District) to C-5 (General Commercial District) zoning classification with a binding site plan located at 3414 NW Cache Road.  Exhibits: Ordinance No. 09-___ with site plan, Location Map, Application and CPC Minutes.

Richard Rogalski, Planning Director stated this request is for Lots 3 and 4, Block 7, Greer Addition, Plat No. 2, which measure 364 feet by 223 feet.  The applicant and property owner is Steve Rich.  These lots were rezoned from R-1 to C-1 on July 11, 2006.  On March 27, 2007, the City Council rezoned the remaining lots in Block 7, Greer Addition, Plat No. 2, to C-1.

The zoning of the surrounding area is R-1 (Single-Family Dwelling District) to the north, C-1 to the south and east, and C-1 and C-5 to the west across NW 38 ^th Street. The land use of the surrounding area is single-family residential to the north, south, and east and vacant and commercial (IHOP and Kmart) to the west.  The 2030 Land Use Plan designates these lots as Commercial.  If this request is approved, the site plan will be part of the rezoning ordinance, and all future development must be in conformance with the site plan.  He stated the uses the applicant is requesting is to have all permitted uses in the C-1 district and he has added bakery; laboratories, testing and experimental; pet shop; stock and bond broker; car rental agency; bank; furniture store; musical instrument sales and service; shoe store; sporting goods store; photographer studio; jewelry store; credit union; commercial school; key shop; music, radio, or television shop; novelty shop; printing shop; electric or electronic sales and service; music and video sales (records, CD’ s, DVD’ s etc.); and video golf.

Even though this is a rezoning to C-5, these are the only uses.  Some of the other uses that are allowed in C-5 such as nightclub, would not be allowed on this site because the binding site plan does not include it.   He stated he worked with the applicant, Steve Rich, to create a list of uses that are more palatable to the neighborhood.  There were two public hearings with the City Planning Commission and at that time the CPC and Mr. Rich came to a consensus as to what the best uses of that area were.  The City Planning Commission, by a vote of 8-0, recommended approval of this request.

Shoemate questioned if C-1 included bars.

Rogalski stated no.

Patton questioned what they were asked to do.

Rogalski stated this is a rezoning to C-5.  However, because of the new site plan ordinance, a binding site plan goes with this rezoning request.  It is actually part of this ordinance.  Any future uses of this site are bound to this site plan.  Even though it is rezoned to C-5, those are the only uses allowed on this property.  

Burk questioned what was actually going to be on the property.

Shanklin questioned who determines what can go into each zoning district.

Mitchell stated there are permitted uses under each zoning classification as part of our zoning ordinance that was approved many years ago and amended over time. He stated that the first ordinance was approved in the mid 1970’ s.

Shanklin stated they can be amended at any time by the City Council.

Rogalski stated yes.  He stated there is a public hearing process they have to follow.

Shanklin questioned who determines that process.

Rogalski stated the process is set by state law.

Shanklin stated he has never seen it switched around like this before and it bothers him because we have told people that they can’ t do this and it is the City Council that determines this.

The process by which the code is amended is set by state law, but the individual uses are set by the City Council.   

Mayor Purcell stated a couple of years ago a committee went all through chapter 18 and moved around things with regards to commercial and residential zoning.

Patton stated it was around 2003 or 2004.

Shanklin stated he has seen some people crying for what we did to them and when we say it can’ t be done without the idea that it could be changed.

Rogalski stated when he speaks to someone about this issue, he directs them to go through the rezoning process.  They have to follow code.

Warren stated this would be an action where the City Council is being developer friendly while at the same time they are trying to help the citizens maintain the neighborhood they desire.  This is a win-win deal.

PUBLIC HEARING OPENED.

Steve Rich, applicant, stated they could have asked for a rezoning to a C-5 and excluded some high intensity uses.  He stated they are just trying to make available different types of businesses and give him a little more leniency in leasing this space.  He started what started all of this was that Hertz Rent A Car wants to be at this location and what prohibits them is city code looks at automobiles as being merchandise in which cannot be displayed outside the building.  In this particular case, they cannot park rental cars at this location.  As the process evolved they looked at ways to get a C-5 or more liberal zoning but let the neighbors know that they are not going to put in things that will be detrimental to the residential environment.  He stated he feels that the process is getting easier and he is able to bring specific examples to the City Planning Commission and to the City Council to see if it is feasible or if the City wants it.  

Burk stated Mr. Rich built a beautiful building but he is concerned that there will be cars parked in front.  He stated he has changed the whole look of that part of Cache Road and he commends him.  

Mr. Rich stated there are restrictions in place with Hertz.  They cannot wash cars or work on cars on site.  They do have an allocation for parking that will be monitored. They will keep this under control.  

Shoemate stated Mr. Rich has improved many areas in Lawton.

PUBLIC HEARING CLOSED.

(Title read by City Attorney)                    Ordinance 09-08

An ordinance changing the zoning classification from the existing classification of C-1 (Local Commercial District) to C-5 (General Commercial District) zoning classification on the tract of land which is hereinafter more particularly described in section one (1) hereof; approving the site plan attached as exhibit A; and authorizing changes to be made upon the official zoning map in accordance with this ordinance.

29.    Hold a public hearing to receive input from citizens and to consider the following changes to multiple Consolidated One-Year Actions Plans, to include the following federal fiscal year’ s (FFY): FFY 2003, Change 3; FFY 2004, Change 7; FFY 2005, Change 4; FFY 2006, Change 3; FFY 2007, Change 2; FFY 2008, Change 1.  Considering approving City Council Resolution 09-___, and authorize the Mayor and City Clerk to execute the implementing documents.  Exhibits: FFY 2003, Change 3; FFY 2004, Change 7; FFY 2005, Change 4; FFY 2006, Change 3; FFY 2007, Change 2; FFY 2008, Change 1 are available for review in the City Clerk’ s Office.  

Tom Aplin, Assistant Director of Housing and Community Development, stated these changes will help staff earmark funds to address the Section 108 loans coming up in August and January and make sure the funds are available to make those payments if they come due.  They have also moved some money around to expedite the expenditure of CDBG funds between now and the first of April. They have failed to meet HUD’ s criteria for not having more than 1 1/2 times the amount of the grant amount in the LOC system, which is the Line of Control credit system. As a result they are under the gun to make sure they meet that this year.  They feel good about our chances of coming in under the line this year. Change one of the 2008 plan essentially integrates the neighborhood stabilization plan into the consolidated plan which is a requirement for us to be able to accept and carry on that neighborhood stabilization plan.  He stated this expedites the process and gives us the opportunity to have just one public hearing rather than have three to six separate public hearings to address this.

Tim Libby, Grants and Fiscal Officer for Housing and Community Development, stated basically they are taking money that has been left over and they need to spend it.  The two methods of doing this is on 2007-003 CDBG housing rehabilitation, they are looking at putting $130,000 in there and doing five rehabs in town.  The other is the Section 108.  There are some years that the grant agreement does not get approved before the first of August and that payment in due on the first of August, so they are asking to move money into that account to make sure they have the funds available when it comes up.  The other major change is when they did the consolidated plan last year they put the downtown home affordable housing project into CDBG, but when they looked at the uses, they cannot do that with CDBG regulations, it can only be done with the HOME regulation.    They are asking that they move it into a HOME project and fund it using HOME dollars and not CDBG funds.

Mitchell stated basically they are taking contingency monies from previous years and putting them into housing programs.

PUBLIC HEARING OPENED. No one appeared to speak and the public hearing was closed.

30.    Discuss Council Policy 6-4 regarding cost sharing for new fire hydrant installation and/or public water main improvements and take appropriate action as necessary.  Exhibits: Council Policy 6-4.

Shanklin stated the person he was trying to intercede for is not going to build now due to the economy.  He stated he has read the minutes when this policy was approved and the item was read and the item was passed with no discussion.  He stated he voted for it and he didn’ t have a clue what he voted for and he will be the first to admit it.  He stated he will scratch this item and they can go on.

31.    Discuss City Council support for a sales tax bond issue for Lawton Public Schools and take appropriate action if necessary.  Exhibits: None.

Shanklin stated this is an obligation through the state to build this school.  They did the same for the new building on Fort Sill Boulevard and Cache Road which was funded through a sales tax vote.  He does not know anyone who wants an ad valorem at this time.  He wants to take the appropriate action and make a motion that they will support a sales tax issue with the school board with the exact amount and what can be available that can be put on a sales tax.  He stated school buses cannot and maybe technology.  

Hanna stated he and Councilmember Haywood both work for the school system and they see a lot of deterioration.  They do need a fleet of buses and they do need to get the school built at Fort Sill.  He is against ad valorem tax because they have to wait until the end of the year to get the money.  The contractors need the money up front and the sales tax will help do this.  Also, with sales tax, everyone pays for it instead of just the homeowners.  

Mayor Purcell stated Mr. Beauchamp put together a group that included councilmembers, people from the school board, chamber, hospital, teachers, students and business people.  That group tentatively agreed that this needs to be an ad valorem tax.  They are not final with that decision and the school board has not approved it.  That is where they stood as of the last meeting.  One of the problems is with the negative votes we get with any bond issue.  Mr. Beauchamp has a plan that works well with other school districts.  They pass an ad valorem, which needs 60%, and they all know that there are 2,500 people who get out, on an average, and vote no on any issue whether it is city or school.  The group agreed to concentrate on the 5,000 who we know will get out and vote yes because it is needed.  Once you get this in place and once the ad valorem runs out, the next time around when you ask for the next set of projects for five to seven years, there is no increase in ad valorem tax, it just rolls over.  He would recommend that the Council not take any action tonight until they find out what the report says from the committee and find out what they want.  He stated this has been going on for three months. Councilmembers Shoemate, Burk and Drewry have attended these meetings.

Warren stated he supports whatever the school board and the committee decides to do.  He stated for the City Council to support a sales tax right now is putting the cart before the horse and it is not our place to step into their business before they ask us to.  

Drewry stated there are about fifty people on this committee who have been working on this issue and she would like to give them the opportunity to present their outcome before the City Council takes any action.  She stated it could be sales tax or ad valorem.

Shanklin stated he had visited with some of the people who have been on this committee and they want to see the sales tax.  They don’ t want to lose the school and he knows these people want this sales tax as a cushion.  He would bet everyone that a sales tax does pass for that school.

Mayor Purcell stated that these committee meetings were open meetings addressed by and put together by the school superintendent with the invitation to every councilmember and those who had an interest showed up.   

Shanklin stated he was told that city officials said that the sales tax is for the City of Lawton and they would have to go for ad valorem.  

Drewry stated that she has never heard that said at the meetings and that she is sure there are minutes of those meetings.  She believes that the committee is still discussing which way is going to be the best way to get this job done.

Haywood stated when they built Central Junior High he went through pure hell, a conflict of interest, they thought at that particular time.  He feels it should be an option that they go sales tax.  If they want to go the other way, then they can go the other way but they need to leave that option out there that they can come with the sales tax.

Shanklin stated they went through the same thing when they did the one on Fort Sill Boulevard.  The same group talking against it now were against it then but we prevailed and now we have a fine facility.  That was before BRAC was even mentioned.

Drewry stated that all of our schools need help and we’ ve got to figure out what is the best plan for all of the schools in Lawton in addition to building a new school at Fort Sill.  She feels we really need to get a plan together that covers the things we need and see how we can get there.

Burk stated he does not have a problem with the quarter cent sales tax and he will be ready to vote when Lawton Public Schools expresses what they want to do.  We need to build that school on Fort Sill because there will be another closure coming down the road and if we don’ t build that school, we will be telling them that we don’ t care about the students on Fort Sill.  He wants to make sure that we build a school on Fort Sill.   The quarter cent sales tax is not a bad idea, if that is what the school wants because it is their decision to make, not ours.

Shanklin stated the newspaper was for it.   

Burk stated they write pretty much whatever Mr. Shanklin wants them to write.  He is not stepping on anyone’ s toes.

Shanklin stated he has visited with them.

Burk stated that he does not see any of them here tonight to tell him what they want. Maybe they will come to us and say they want it and he will wholeheartedly support it.

Mayor Purcell stated that with sales tax, when we talk about building the school, a quarter cent gets you $2.5 million a year.  That does not get very far.  The problem is there is a huge need.  You could put a two cent sales tax on for the next five years and that may or may not cover everything.  They don’ t even know how much they need to cover.  He stated whenever they talk about sales tax there is another group of people who will wind up voting no.  If they go out and support a sales tax tonight they have lost a whole bunch of people that the committee had on their side to make sure the 60 % bond issue will pass.  He stated the comment made about sales tax versus ad valorem is not valid.  You don’ t have to wait on the money for ad valorem, they let bonds and it is the money that pays back the bonds.

Hanna stated the homeowner pays the ad valorem.  Roughly 33,000 people will pay. Everyone pays for sales tax.

Mayor Purcell stated that someone told him that everyone who owns rental property just bumps up the rent to cover the ad valorem, so everyone is paying.

Shoemate stated he has been told by his brother in law that his taxes were going to go up an average of $30 a month and that scares him, especially for those who are on a fixed income. He would like to hold this up until they hear what the school wants and then make a recommendation.  

Shanklin stated he feels they need to pass this to give that board a little leeway.  

Hanna suggested they pass this and they let the school board go in the direction they want to.

Burk questioned why they don’ t just wait until the school board makes a decision.

COL Bridgford thanked the Council for addressing this issue.   He stated they are going to be here before we know it and there will be challenges to face from everyone in the community because the grown will come to this and the surrounding communities.   Lawton will have to handle this and the candle is burning.

VOTE ON MOTION:  AYE: Haywood, Hanna, Shanklin.  NAY: Warren, Shoemate, Drewry, Patton.  ABSTAIN: Burk. MOTION FAILED.

33.    Consider receiving a report on the City’ s financial condition for the 2nd Quarter of fiscal year 2008-2009, and provide direction to staff.  Exhibits: None. Finance report will be provided to councilors prior to the February 24, 2009 council meeting.

Rick Endicott, Finance Director, stated this financial report is for July 1, 2008 through December 31, 2008.  Sales tax is up $433,462 or 4.4% compared to the same period as last year.  We have collected about 49% of the budgeted sales tax revenue.  He stated the comparison to last year is something that most members of the Council have wanted, but it is really important to compare where we are at in this current budget year.  He stated franchise tax is up compared to last year about 12% and we have collected about 39.8%.  Police fines and bonds are down $129,000 or almost 9.6% and we have collected about 41% of revenue.  All other general fund revenue is up compared to last year almost $50,000 and we have collected about 45% of that revenue.  Water revenue is up $1,311,951 compared to last year, which is due to the rate increase.  We are right at 51% of the budgeted number which is good news considering where we are at in other areas.  Sewer revenue is up $550,000 over last year and we have collected almost 41% of the budget.  Refuse collection revenue is up $376,000 over last year and we have collected 41%.  Landfill revenue is down almost $40,000 and we have collected about 47%.  

Shoemate questioned why the police fines and bonds are down.

Endicott stated that the number of citations issued is up.

Mitchell stated that state law allows us to put a $35 administrative fee on all of our bonds and we are currently not doing this.  If we did collect this fee we would make up this deficit.

Chief Ronnie Smith, Lawton Police Department, stated a lot of people are just going to jail or not paying their fines.  Citations are not down.

Endicott stated with general fund expenditures we are right at 48.5% and enterprise expenditures we are at 47.5%.   He stated there was a $2 fuel surcharge that was removed from the service bill in January and it looks like we will be fine for the rest of this year.  It helps that gas prices are where they are right now.  He stated they really have not seen any prices go down that went up last year as a result of fuel increases and fuel related products.

Burk stated he would like to read the report before the meeting and requested that the report be included with the agenda packets.

Endicott stated typically they try to get the report out the Friday before the meeting, but with this particular report he did not have it ready until today.

Mitchell stated if they can get the report done prior to the agenda packet going out, they can include it in the packet.

Mayor Purcell stated if they can’ t get it out with the packets they could just delay placing the report on the agenda until the next council meeting.  

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER

COL Bridgford stated that with regards to the discussion about rent, 80% of military personnel live off post, so they do contribute to property tax either directly or indirectly.  He thanked Councilmember Shanklin for bringing up the issue.

Patton stated he has enjoyed representing west Lawton.

Haywood stated there have been some problems at the Owens Multipurpose Center and he feels it is time to monitor the activity at these centers with cameras. This would include Patterson Community Center, H.C. King Community Center and Owens Multipurpose Center.  This will help police officers identify those who are causing the problems.

Warren wished Mr. Wells the best of luck over the next three years.  He thanked city staff for their devotion to their jobs and the citizens of Lawton.  He thanked his fellow elected representatives and the citizens of Ward 8.

Mayor Purcell stated they all have to work together in this community and they have to build a new school and get new school buses and they need to do this in the best way that they can get the bond issue passed with a majority of the citizens getting out and voting for the issue.   They are talking about millions of dollars and they need to figure out a way to get this done and convince the citizens to support it.

Mayor Purcell announced that there will be a special meeting on Monday, March 2 ^nd at 8:30 a.m. to swear in the new council members and there will also be a special meeting tentatively scheduled for Wednesday, March 4^th at 6:00 p.m. for a briefing from public works.

Jerry Ihler, Public Works Director, stated the City of Lawton did receive a consent order to hire a consultant to do a study at the wastewater treatment plant.  The study has been completed and will need to be submitted to the Oklahoma Department of Environmental Quality (ODEQ) by April 1 ^st.  He stated Black and Veitch will present their findings before they submit the report to ODEQ.

Mitchell distributed a report from the OSU School of Business on the economic outlook of Comanche County.

The Mayor and Council convened in executive session at 8:23 p.m. and reconvened in regular, open session at 8:42 p.m.  Roll call reflected all members present.

BUSINESS ITEMS:  EXECUTIVE SESSION ITEMS

34.    Pursuant to Section 307B.1, Title 25, Oklahoma Statutes, consider convening in executive session to review the employment of Traci L. Hushbeck as City Clerk, and in open session take other action as necessary.  Exhibits: Employment Agreement Summary.  Amendment to Agreement on file in the City Clerk’ s Office

Mayor Purcell read the title of item #34.  He stated everyone is extremely happy with the performance of Ms. Hushbeck.  

                                                                                                                    

There being no further business to consider, the meeting adjourned at 8:44 p.m. upon motion, second and roll call vote.

____ /s/ John P. Purcell, Jr.______________

JOHN P. PURCELL, JR., MAYOR

ATTEST:

____ /s/ Traci Hushbeck__________________

TRACI HUSHBECK, CITY CLERK