LAWTON CITY COUNCIL REGULAR MEETING

AUGUST 13, 2002 - 6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor Cecil E. Powell,                Also Present:

Presiding                        Bill Baker, City Manager

                            John Vincent, City Attorney

                            Brenda Smith, City Clerk

                            Col. Puckett, Fort Sill Liaison

The meeting was called to order at 6:00 p.m. by Mayor Powell.  Invocation was given by Director Herb J. Fahr, Christian Service Center, followed by the Pledge of Allegiance. Notice of meeting and agenda were posted on the City Hall notice board as required by law.

ROLL CALL

PRESENT:                Randy Bass, Ward One

                    James Hanna, Ward Two

        Glenn Devine, Ward Three

        Amy Ewing-Holmstrom, Ward Four

        Robert Shanklin, Ward Five

        *Barbara Moeller, Ward Six

        Stanley Haywood, Ward Seven

        Michael Baxter, Ward Eight

ABSENT:    None.

*Moeller was present for only one item as shown below.

PRESENTATION OF AWARDS BY MAYOR POWELL:

Master Officer James Poindexter, Lawton Police Department, was presented a Certificate of Appreciation for his work in establishing the first Citizens Police Academy in Lawton. The program is patterned after a similar program in Wichita Falls and the first class is holding its graduating ceremony this evening.

Mike Taylor, KSWO, and Hess Cara, Lawton Constitution, were presented plaques of appreciation on behalf of the National Committee for Employer Support of the Guard and Reserve in honor of their firms' participation in supporting guardsmen and reservists for the national defense.

Don and Bobbie Glasby were presented Citizen of the Month Awards by the Mayor's Commission on the Status of Women.  Each were recognized for their prominent roles in the arts in Lawton and for support and production roles for the Miss Lawton and Miss Oklahoma Pageants. Awards from Congressman Watts, the Oklahoma House and Senate and the Office of the Mayor were presented by Mayor Powell.

Trophies were presented to Josh Lee and Cody Crabtree, Sewer System Technical Division, on behalf of the American Public Works Association for their first and second place finish in equipment operation. Both men took vacation time, paid their own expenses and participated in this event with distinguished honor.

Mayor Powell presented a plaque to City Manager Bill Baker on behalf of the Leadership Lawton Class for their donation of a pavilion at the Kids Zone Park.  The Class raised donations and constructed the pavilion which will be a welcome addition for parents watching their children at the park.

Mayor Powell welcomed the large audience in attendance and encouraged participation in the democratic process of government.  He announced that Item 35 regarding a contract with the Dewberry Design Group for the Nine Mile Creek Sewer Line would be stricken from the agenda.  He announced that Item 37 regarding discussion of setting a meeting about annexation on the east side of the Lawton area would also be stricken from the agenda. Mayor Powell said the only action that was set for that subject tonight was to set an open meeting and that the Council sees and recognizes the large number of persons present in opposition to annexation.

Discussion was held regarding the number of county residents to be on such a committee, a suggested time frame for those names to be submitted to Mayor Powell, and whether the county residents would be given an opportunity to participate in discussions or whether they would only be invited to listen. Mayor Powell said the county residents would be invited to participate in the discussion. It was pointed out that the purpose of the item on this agenda was only to set a public meeting to hold a discussion, and not to adopt any ordinances to cause any actual annexations. Following all discussion, the motion was amended to allow for ten county residents to participate and for their names to be submitted to the Mayor within 30 days. Mayor Powell said he would request volunteers from the Council to participate.

VOTE ON MOTION AS AMENDED:  AYE: Devine, Ewing-Holmstrom, Shanklin, Haywood, Bass.

NAY: Hanna, Baxter. MOTION CARRIED. (Note: Hanna passed on initial roll call.)

Upon motion, second and roll call, the Council recessed from 6:35 p.m. to 6:40 p.m. and reconvened in regular, open session with roll call reflecting all members present except Moeller.

AUDIENCE PARTICIPATION: None.

CONSENT AGENDA : Separate consideration was requested for Items 2, 3, 4, and 7, and to strike 20.

 

1.    Consider the following damage claims recommended for approval and consider passage of any resolutions authorizing the City Attorney to file a friendly suit for claims which are over $400.00: Kathleen Reynolds and Rosella K. and Larry J. Aller.  Exhibits: Legal Opinions/Recommendations.  (One resolution on file in City Clerk's Office)  Reynolds - $330.00

(Title)        Resolution No. 02-150

A resolution authorizing and directing the City Attorney to assist Rosella K. and Larry J. Aller in filing a friendly suit in the District Court of Comanche County, Oklahoma, against the City of Lawton; and authorizing the City Attorney to confess judgment therein in the reduced amount of Seven Hundred Forty Nine Dollars and 75/100 ($749.75).

2.    Consider adopting a resolution amending Landfill fees. Exhibits: Resolution No. 02-151.

Jerry Ihler, Public Works Director, explained this would not be an increase in fees for Lawton residents.  The changes deal with charging for loads that are uncovered or unsecured by doubling the original fee in those cases, and about opening the landfill during non-scheduled hours. If a Lawton resident brings a residential-type load that is not secured or covered, they would be required to pay the doubled fee; if it is properly secured or covered, there would be no fee. This is an attempt to reduce trash and debris on roads.

(Title)        Resolution No. 02-151

A resolution amending Appendix A, Schedule of Fees and Charges, Lawton City Code, 1995, amending the fees for landfill utilization; and declaring an emergency. (deals with uncovered/unsecured loads and opening after normal hours)

3.    Consider amending Council Policy 1-1, Employee Travel, pertaining to standard mileage rates, standard meal allowances, and air travel. Exhibits: Council Policy 1-1 with attachments.

Bass said he supported the Fly Lawton campaign but there is only one airline that leaves from the Lawton Airport and it may be more expensive to travel in that manner than to go to Oklahoma City and have a choice of airlines.

4.    Consider assessing liquidated damages, accepting the NW Lindy Avenue Street Reconstruction Project #2000-33 as constructed by Kent Waller Construction Co. and placing the maintenance bond into effect. Exhibits: Letters from Kent Waller and AE Construction; Letter from City of Lawton.  Staff Recommendation: Assess liquidated damages in the amount of $9,600, accept the NW Lindy Avenue Street Reconstruction Project #2000-33 as constructed by Kent Waller Construction Co. and place the maintenance bond into effect.

Discussion was held concerning the water content of the soil in the area of this job and the contractor's efforts to dry the soil so the project could be done in a timely manner. This was an unforeseen condition  and the contractor made extra efforts at his own expense to produce a quality job in a timely manner but was unable to finish in the allowable time due to those problems. The need to attract contractors and competitive bids for future projects was noted.

Discussion was held regarding the staff recommendation being made in accordance with existing policies and that the motion was not an attempt to discredit staff.  ODOT may be contacted to see if they have a provision to handle situations such as this.

VOTE ON MOTION: AYE: Baxter, Bass, Hanna, Devine, Ewing-Holmstrom, Shanklin, Haywood. NAY: None. MOTION CARRIED.

5.    Consider accepting McMahon Park & Ahlschlager Park Lighting Project #2001-18 as constructed by K.C. Electric Company and placing the maintenance bond into effect. Exhibits: None. Action: Approval.

6.    Consider approving Change Order No. 1 for the Skateboard Park Project #2001-16 with RCJ Construction, Inc. Exhibits: None. Action: Approve Change Order. No. 1 in the amount of $2,333.66 to revise electric meter and service connection made necessary due to a change in the transformer type supplied by PSO and addition of convenience outlets at the meter stand.

7.    Consider approving a resolution authorizing the installation or removal of traffic control devices on the southbound Ft. Sill Blvd. access road near Elm, 1300 block of NW 75th and NW 26th at Lindy. Exhibits: Resolution No. 02-152.

The proposal to replace a yield sign with a stop sign on Fort Sill Boulevard at the access road near Elm was discussed as to whether it would help or cause more problems in traffic merging onto Fort Sill Boulevard.  Construction of the new Central Junior High was considered as to pedestrian safety for children to get to the school, and a consultant has been hired to look at this access.

After further discussion about the consultant preparing traffic plans for Central Junior High, the Second Substitute Motion by Shanklin was withdrawn.

VOTE ON SUBSTITUTE MOTION by Baxter:  AYE: Devine, Ewing-Holmstrom, Baxter. NAY: Bass, Hanna, Haywood. ABSTAIN: Shanklin. SUBSTITUTE MOTION FAILED.

VOTE ON ORIGINAL MOTION by Hanna:  AYE: Hanna, Haywood, Bass. NAY: Devine, Ewing-Holmstrom, Baxter. ABSTAIN: Shanklin. ORIGINAL MOTION FAILED.

(Title)        Resolution No. 02-152

A resolution authorizing the installation and/or removal of a traffic control device at a certain designated location within the City of Lawton, Oklahoma. (Locations are: 1300 block of NW 75th and NW 26th at Lindy.)

8.    Consider denying requests for traffic control devices near 832 NE Carver, NE Cedarwood and Chestnut, NW Smith at 22nd, NW 26th at Lindy. Exhibits: None. Action: Deny requests.

9.    Consider approving a revised list of downtown street sections, where parking layouts were changed from parallel to angle. Exhibits: List. Action: Approval.

10.    Consider approving the plans for storm sewer relocation in connection with development of Home Depot at approximately 1202 NW 40th Street. Exhibits: Map. Action: Approval.

11.    Consider acknowledging receipt of permits from the Oklahoma State Department of Environmental Quality for the construction of sanitary sewer and water lines with appurtenances to serve Pebble Creek Addition, Part 3. Exhibits: None. Action: Acknowledge receipt of permit SL000016020486 for 1,478 lf of 8" PVC sewer and WL000016020485 for 951 lf of 8" PVC water lines.

12.    Consider acknowledging receipt of permits from the Oklahoma State Department of  Environmental Quality for the construction of sanitary sewer and water lines with appurtenances to serve Wal-Mart Supercenter #5071. Exhibits: None. Action: Acknowledge receipt of permit SL000016020587 for 600 lf of 8" PVC sewer line and WL000016020489 for 1,600 lf of 8" PVC water line. (approximate location is NW 67th and Quanah Parker Trailway)

13.    Consider acknowledging receipts of permits from the Oklahoma State Department of Environmental Quality for the construction of water line with appurtenances and to supply water to the Cotton County RWD #2. Exhibits: None. Action: Acknowledge receipt of permit WL000016020388 for 2,207 lf of 12" water line.

14.    Consider extending the Professional Services Agreement with Capitol Decisions, Inc. (formerly VSAdc.com) to provide consultation and lobbying services to the City of Lawton before the Congress of the United States and its various agencies and authorize the Mayor and City Clerk to execute the agreement. Exhibits: Agreement; Semi-Annual Report. Action:  Approval.

15.    Consider a proposal from Lawton Mobile Meals for services for FY 2002-2003, and enter into an agreement for services and authorize the Mayor and City Clerk to execute the same. Exhibits: None. Action: Approval.

16.    Consider approving the first amendment to the agreement between the City of Lawton and Jim Taliaferro Community Mental Health Center, dated March 13, 2001 and authorize the Mayor and City Clerk to execute the amendment. Exhibits: First Amendment. Action: Approval.

17.    Consider approving the following contract extensions: A) Shampoo/Steam Clean Carpet with Premier Carpet and Air Duct Cleaning; B) Rental of Portable Restrooms with ARA Equipment Rental; C) Elevator Maintenance with ThyssenKrupp Elevator; D) Technical support for International Festival with Journey Productions; E) Lawton Arts and Entertainment Magazine with ColorGraphics "The Print Shop" Inc.; F) Banking Services with Local Oklahoma Bank NA; G) Soil with Penland Top Soil; H) Jogging Track Material with Red Dog Track, Inc.; I) Thermoplastic Material with Cataphote, Inc.; J) Sodium Silicofluoride with Harcros Chemicals, Inc.  Exhibits: None. Action: Approval.

18.    Consider awarding contract for Testing Services. Exhibits: Recommendation; Abstract. Action: Award to Standard Testing & Engineering Co.

19.    Consider awarding contract for Rental Equipment. Exhibits: Recommendation; Abstract. Action: Award to Kirby/Smith Machinery Inc (Items 1-4) and reject bids for motor grader items 1-2.

20.    Consider awarding contract for Water Pipe and Fittings. Exhibits: Recom; Abstract. THIS ITEM WAS STRICKEN AS SHOWN ABOVE.

21.    Consider awarding contract for Electro Fusion Polyethylene Fittings for DR 17 Pipe. Exhibits: Recommendation; Abstract.  Action: Award to Secor (Items 3-4) and TT Technologies (Items 1-2)

22.    Consider awarding contract for LED Lens Assemblies. Exhibits: Recom; Abstract. Action: Award to Consolidated Traffic Controls, Inc.

23.    Consider awarding contract for UPS System. Exhibits: Recommendation; Abstract.  Action: Award to Circa, Inc.

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

Lawton Urban Renewal Authority: Jerry Evers, Term: 8/1/02 to 7/31/05; Albert Johnson, Term: 8/1/02 to 7/31/05; Dr. Linda Dzialo (replacing Jack Norrel) Term 8/1/02 to 7/31/05.

Parks & Recreation Commission: Michael Jefferson, Ward 7, Term: 8/1/02 to 7/31/04

Traffic Commission:  Johnny Owens, Term: 8/1/02 to 7/31/05

Museum of the Great Plains Authority: Jack Bryan, City Rep., Term: 7/1/02 to 6/30/05

McMahon Auditorium Authority: Jill Nardin, Ft. Sill Rep., Term: 8/13/02 to 6/30/05

25.    Consider approval of payroll for the periods of July 22 through August 4 and August 5 through 18, 2002.

26.    Consider approval of Minutes of Lawton City Council Meeting of July 23, 2002.

UNFINISHED BUSINESS:

27.    Consider a request from the Comanche Tribe and provide direction on amending the Cooperative Agreement between the Comanche Tribe of Oklahoma and the City for the provision of fire protection, water and sanitary sewer services and authorize the Mayor and City Clerk to execute the same. Exhibits: Letter of Request; Current Agreement; Map; Correspondence regarding outstanding actions.

Vincent reported staff is working with the Bureau of Indian Affairs and requested this be tabled until the work can be completed.

BUSINESS ITEMS:

28.    Hold a public hearing and consider a resolution amending the 2025 Land Use Plan from Residential/High Density to Commercial and an ordinance changing the zoning from A-1 (General Agricultural District) to C-4 (Tourist Commercial District) zoning classification located at 7515 NW Cache Road. Exhibits: Resolution No. 02-153; Ordinance No. 02-31 (C-4); Ordinance No. 02-____ (C-1); Map; Applications; Site Plan; CPC Minutes. *Moeller entered the meeting at this time.

Bob Bigham, Assistant Planning Director, presented an area map. The applicant requested C-4 zoning; the CPC recommended C-1 zoning, then considered a Use Permitted on Review (UPOR) for a car wash. If C-4 zoning is approved, Item 29 can be stricken because there will not be a need for a UPOR in that zone for a car wash.  Another option is to approve the CPC recommendation for C-1 zoning, and consider Item 29 for the appeal of the CPC decision to deny the UPOR for a car wash.

Bigham said the request is for a 2.19 acre tract, 210' x 455' located on Cache Road. He pointed out Keystone, Hunter Hills, Gray-Warr, Willow Creek and Wyatt Additions, as well a commercial area. The CPC on May 23 and June 27 held public hearings and ten persons spoke in opposition; four spoke in favor. The main objections voiced by the surrounding property owners were noise and traffic associated with the car wash operation. The CPC by a five to two vote, with one abstention, recommended approval of the change of zoning to C-1. On July 25, the CPC considered the UPOR. Bigham said a Use Permitted on  Review is where a particular use may fit in the same zone in one location but would not be appropriate in another location, so it is kind of a site plan approval for that particular use. The CPC, by a six to two vote, denied the UPOR request. The applicant appealed that decision to City Council.

Bigham said on August 7 the City Clerk's office received a petition with 160 signatures opposed to the car wash. He presented a slide showing the lots represented on the protest petition, which represent 34.62% of the property owners within 300 feet and it does not require any additional votes of the Council. Discussion was held on the clarifications provided by Bigham.

PUBLIC HEARING OPENED.

Eddie Owen, 1309 NW 75th Street, said he is within the 300 foot area, is strictly opposed to the car wash which will be a place to transfer dope and it is hard for the police to do anything about it. He said he would not have built his home there if he thought a car wash would be built; these are nice homes, a nice community, as well as Wyatt Acres, and he hated to see the car wash because it will be operated 24 hours a day, seven days a week. Owen said people will be viewing their homes and an increase in theft may occur, which has not previously been a problem. He said he is the third house off of Cache Road and can be home with the doors and windows shut, the air conditioning on and the television on, and the cars go by on 75th Street and you can hear the boom boxes, and what do you think will happen at a car wash. Owen asked if the members would want this in their front or back door and said the CPC voted it down six to two. Owen said Dan Young and his family were very close friends of theirs and he wanted to still be a friend when this is all over and he thought it would be that way.

Dan Young, 8010 Lawton, said he remembered when there was no traffic on Cache Road because there were no businesses but now there is Goodyear and several businesses and he was happy there is traffic on Cache Road. He said he has owned 7515 Cache Road for 25 years and bought it thinking if Lawton grew that his investment might grow, but did not dream he would have to satisfy each neighbor in the neighborhood when he got ready to do something with it. Young said Mr. Tippens has made him an offer on the property and if they are able to get it zoned, he would like to sell it to him and he thought Tippens would put up a facility that would cost about three-quarters of a million dollars and it will not be an eyesore. He said he did not know about the drugs, maybe that is what they put car washes up for is to trade drugs but he did not think so. Young asked that his request be considered on its merits and not on what possibly could be problems. He apologized to the Mayor, Council and his neighbors for all of the problems that have been caused over this.

Russell Fisher, 7518 Stonegate Drive, Wyatt Acres, said the first speaker was correct. He asked that Council consider the impact the car wash will have on the residents of the area, who have invested considerable amounts of money in building their homes and they have pride in maintaining them. Fisher said the car wash, with its size, lights, etc. which looks a lot like the one on NW 38th, he would assume, would only be a non-conducive use to the residential area. He said W Cache Road is an entrance into Lawton and people will see an expensive neighborhood, well-kept, and putting a car wash in the middle of that is not too bright of an operation; there are not very many good entrances into this city, there are a lot of things coming in from different directions that you are not proud of.  Fisher said the last thing is the traffic; in the past five years, Country Mart has gone from a small supermarket to a super supermarket and has a tremendous business. An Auto Zone has been built in front of the Country Mart, an Outback Restaurant has opened, and a Wal-Green has been built. Coming down Cache Road from the east, there is  the advantage of a center turn lane up to 67th Street, but west of 67th, there is no turn lane. The traffic is already building up because of the businesses mentioned earlier and it will increase with a car wash and cars zipping in and out of it.  There will be more chances for rear end collisions and it will become more congested with more traffic. Fisher said they would like to see C-1 and some businesses such as a building with doctor's offices and business offices, or even a Braum's.

Dave Davis, 7632 NW Baldwin Avenue, said he represents a group of over 160 concerned citizens that oppose the change of the zoning and the car wash. He said he is absolutely pro-business and would not be speaking against any business other than a car wash, which operates 24 hours a day, 7 days a week and is not compatible with the residential area. There are 32 homes within 300 feet and approximately 100 homes with 500 feet of the proposed location; it is a densely populated residential area. The car wash would cause an increase in traffic congestion on old Cache Road. He updated the ODOT data, which Lawton receives, with the most current accident reports provided by the Police Department and found there were 44 accidents, many with injury and death, on Cache Road from 67th to 82nd from 1 July last year to 31 July this year, which makes that section of Cache Road have three of the 77 most dangerous intersections in Lawton, ranked 2, 5 and a tie for 10th. We do not need an increased risk to residents and their children. This car wash will bring additional traffic congestion, accidents, injuries and possibly death.

Davis said there would be a significant increase in noise levels caused by car stereos. A car wash that is not attended during business hours, especially at night, is a disservice to the surrounding neighborhoods. He interviewed eight residents who live directly behind two self-service car washes and everyone had similar complaints. Behind a W Cache Road car wash, Monica said: the loud music is almost every night and weekend. I call the police but nothing seems to get done. It is a pain the rear.  Brenda said: there is loud music at night, cursing, drinking, fighting, breaking glass and the vibration of music through the window, it is really, really bad, it is like they are having a party. Next I interviewed people behind a car wash on N 38th Street and Rogers Lane. Wayne said: the music is really loud. I'll guarantee you if you get a car wash, you won't like it. Laura said: the noise is horrible. I asked the car wash owner to put up a sign that said no loud music was allowed. He refused. I have called the police several times about the noise, it does not help. The last comment, somewhat humorous, was: If you get a car wash, you need to buy some good ear plugs, you'll need them.  Mayor Powell said the point is well taken and he was getting redundant.

Davis said they will suffer from an increase in night lighting to adjacent residents. He talked with Terry and asked him about the late car wash in front of him home and he said he knew the hours, it was midnight during the day and one on the weekend because it kept them up at night.

Davis said Norman has eight car washes and Lawton has 16; why does Lawton want more. He said as a business, car washes bring no economic benefit, they hire few employees, the money is usually collected by the owner, they pay no state or city sales tax on the cars that are washed, this is a service so it is not taxed. Generally they recycle the water they use; this is good for their bottom line but it limits water sales and revenue to our city. Davis said he talked to a Comanche County field assessor who said there could be a   reduction in residential property sales and future property values of our homes, which could more than offset any increase in property taxes derived from the car wash. He said he hoped the City Council would listen to the voice of the residents and deny the rezoning request and deny the appeal of the CPC decision and to consider the needs of the many residents and not the desires of a few. Please leave the zoning A-1.

Shanklin asked if Davis appeared before the Council when they were considering Wal-Mart. Davis said absolutely, he did, it was a completely different matter and he could explain that. Shanklin said it appeared it was OK as long as it was not in his back yard. Davis said that is not what he said before and that was not what he was saying now; the Wal-Mart was already zoned C-4 and the issue before the Council was two acres of surplus city land and Wal-Mart said from the podium that they were going in. Shanklin said Davis influenced his decision when he spoke on that issue because there were many people who did not want it in their back yard and that seems what this is right now to him. Shanklin said the number one intersection last year was 38th and Gore and the second was 11th and F and he did not know where he got the material about from 67th to 82nd with all the wrecks and a couple of deaths. Davis said he got the information for the year 2000 from Mr. Wolcott, the City Traffic Engineer; the most current data he had was the year 2000 so then he got the police reports along Cache Road from 67th to 82nd and used the severity index rating that ODOT uses. Shanklin said that may be but he did not know that he believed that yet. Davis said he had the data.

Shanklin asked what kind of machine they have to recycle the water. Davis said he did not know that but he called two car washes and was told they do that.

Shanklin said Davis put out some disinformation on a little flyer he put out and it is a sad state to say in Lawton that we cannot control boom boxes in a stationery position like at a car wash. He said he thought the fines would be raised to $200 and did not believe people would do that after paying a fine, and he had to be objective, he does not live out there and was satisfied that Davis would influence some of the Council but he still had to do what he thought was best for the whole area and the gentleman that owns the land and who wants to spend his $750,000 on a business and the people who live next door west do not object, and if they went 50 feet, they could do it with a C-4 and it would be the same thing. Davis said no, we have contacted Dr. Gibson and he had no one contact him reference the use of his land reference a car wash. Shanklin said it is a C-4. Davis said yes.  Shanklin said conceivably someone could buy that and put the car wash in. Davis said we wish they would, yes sir. Shanklin said he was glad Davis said that and it would make his decision easy.

Chuck Wade, attorney representing the property owner, Dan Young, said the petition that was circulated misrepresents, just like the hand out did, what is proposed to go in; it is not a 24/7 operation and Mr. Tippens will address that. The investment is significant. Mr. Davis represents that there would be no payment of sales taxes and that is not true. Historically, car washes are not a transfer point for dope; these are fear tactics. The issue boils down to economic development, what is a legitimate, appropriate use as Mr. Shanklin points out and Mr. Davis acknowledges, property immediately to the east is already zoned C-4, that is why the original request was submitted for C-4 and the Council has the option of approving that request. To attempt to accommodate the residents and some of their concerns, his client acknowledged at the Planning Commission that he had no objection to a C-1 zoning; that of course was assuming that a Use Permitted on Review would be authorized so a car wash could operate there and he could sell his property to Mr. Tippens. Several things went on at the Planning Commission that had a bearing on that decision and he would not attempt to re-hash those. This is a de novo proceeding, it is Council's decision as to what kind of zoning to consider for this property. Wade said he thought because of the adjacent zoning that C-4 would be appropriate, but it certainly does not make sense to zone this C-1 and then deny the Use Permitted on Review. This is going to be a professionally ran car wash that we would all be proud to patronize and people from all parts of town signed this petition, including two of his neighbors on Heinzwood Circle, someone on SW 49th, so this has been misrepresented to people who signed these petitions. Wade asked that Tippens be given an opportunity to clarify it and urged Council to approve the request so Young can sell his property and increase the tax base and increase the revenues for this city.

Rita Love, Route 1, Lawton, said she owns a portion of the land designated as A-1 on the map just to the west of the property being considered for rezoning. She said she understood how these people feel about the extra traffic and something new coming up because she and her family felt that same thing; her great grandfathered homesteaded what is Wyatt Acres, her grandmother and grandfather owned what is now Gray-Warr and if she could have talked them into not selling that land, they would not have had all the extra traffic and the other homes and extra noise and it would have still been nice and quite out there. Love said as an adjacent land owner she did not object to the commercial zoning at all, whether it is C-1 or C-4.

Wade said the existing building is over 200 feet from the residents to the north so that will isolate the car wash from the residents from the stand point of distance. He said several significant factors will lessen any kind of impact on those residents, the majority of whom are protesting and signed the petition.

Mike Light said his property touches this property; his home is directly north and the property is over his back fence. He said he was concerned about the comments of those who live adjacent to car washes because that is where he would be living. Light said he appreciated the Council's effort regarding boom boxes and stereos and it is a major problem, you cannot get any peace and quiet and it will be made much worse by the installation of a car wash with 32 homes around there. He said he heard the discussion at last night's Council meeting about the shortages of police officers, problems with the noise ordinance and enforcement of it, and by putting this car wash next to a bunch of homes you are just throwing fuel to the fire because he will call when he gets woke up by one of these boom boxes and from past experience, it takes the police department 30-45 minutes to respond, it does no good, and he did not blame the police department, they've got more important things to do, but by putting this car wash next to a bunch of residences and causing these complaint calls, you're pulling the police department off to do something that is not really a safety issue, you are creating a problem. Light asked what assurances he had as a neighbor of this car wash that he would not lose his peace and quiet and why should he should even have to be considering that. He said this land has been zoned agricultural since he had lived there for 17 years, he had been Mr. Young's neighbor for 17 years and they had noise problems before, this property has not been in compliance to the agricultural zoning for years and years, and because his sons live next door and are friends, he didn't say much about it except for when it kept him from getting sleep at night, but now, the final straw and blow in this is putting in a car wash.

Light said the property has been abandoned or not used for the last couple of years and it has been fairly quiet, but there is a large building on the property and if you go from the back of that building to the nearest fence, it is 30 feet to a house. He said the building will be used by Tippens for storage but what assurance is there that it will happen like that; since the zoning has not been followed the whole time he has lived there, what assurance can he be given as a home owner that the City will make sure that any restrictions placed on this property are followed; it has not happened yet, why would it happen now.

Light said he is not against any business in this location, he owns a business in Lawton, this is his home and he intends to stay here and was not against business and at the Planning Commission meeting they were led to believe they were against business and change and that is a ridiculous accusation. He said he was all for business; Mr. Young wants to sell his property, great, he understands and will help him sell it; he does not want a car wash in his back yard, that is as simple and he can say it. Light said he did not care whether it was C-1 or C-4 but if a car wash is put in his back yard, he is against it and asked for a no vote tonight.

Patricia Dawes said she was present with her sister, Anita Ratliffe, and together they own the property that abuts Mr. Young's property just to the west, part of the A-1 zoning. She said it is the last, small piece of land her father bought, that quarter section in 1940 and Love talked about their grandfather; we are vested in west Lawton and have been since 1901 and care what happens to that land. Dawes said this has generated a lot of interest and emotion but she did not think anybody would be more affected by this than they are because their garage is about 50 feet from Mr. Young's land. She said they would like to go on record that they are not opposed to the commercial zoning of this land, her sister has long said that that is probably the future of that quarter of Cache Road, that is where the value of their land will come from if someone will use it for commercial development, and the price of land along there is prohibitive for a single family home.

Dawes said they previously addressed some of their concerns with Mr. Young, he told them and they have to believe him, that they get to chose the type of fence they want, he will be amenable to the idea of planting bushes along there, signs will be put up stating the Lawton city ordinance prohibits noise past 50 feet from a car stereo, and there will be no pole lighting but the lighting will be downward and in the base itself. She said they are concerned about the noise, but if they thought it would affect their property value or radically change the quality of their lives, then they would be probably the most vocal, but believed it will be a well-done installation and have faith that the noise issue can be addressed.

Anita Ratliffe said her father sold the land because he believed in the progress of Lawton, knew things were coming, more people, and that progress is here.

Jimmy Tippens, 4640 Meadowbrook, presented drawings of his existing and proposed locations. He said the property is 455 feet deep by 210 feet wide and the car wash would be on the front 235 feet, and a fence will be built separating the car wash from the back portion of the property leaving 200 feet from the fence to the back property line. He said he had drawn a circle of a 300 foot radius from the center portion of the current car wash and proposed car wash; the current car wash encompasses about five houses within a 300 foot radius from the center and the proposed car wash will encompass approximately two houses. In the past three years, he has not had any complaints from any of the neighbors, he has had some concerns, and obviously a lot of concerns have come up in these past meetings. Tippens said he intends to design large signs about the city ordinance for his current location because he would put them on the back fence, which is 50 feet away so they needed to be big enough for everyone to read.

Tippens said Mr. Davis had a letter to the editor in the newspaper which had several false statements; car washes not having any employees is a false statement. Tippens said he had been the attendant at his car wash, worked nearly every day for the past three years, and did not have enough time to take care of two so he intended to hire attendees for both locations. The letter said car wash operators do not pay sales tax and that is also an untrue statement as he pays city and state sales tax, along with property tax and personal property tax. The letter stated that car washes use recycled water, which is possible, but he knew of no car wash in Lawton that did so and his water bill at his current location runs approximately $800 per month.

Tippens said he plans to put up lighting at this location similar to that used at his current location; all lighting is under cover and faces downward. He said a lot of people have painted gloom and doom about car washes and he had a really different outlook. He said he wanted a nice, clean, well-lit, well-maintained facility like on 38th Street and many people on the west side had requested he build a facility in their area, which the main reason he had looked over there.

Baxter said the letter he received said the car wash would be operated 24 hours and asked if that was correct.  Tippens said at his current location, the lights go off at midnight during the winter and at 2 a.m. during the summer. Tippens said he had asked the police if they come by when the lights are off and someone is there to run them off, he was not looking for any business at night and shuts all the lights off.

Baxter asked if there is an existing fence to the back of the houses shown on the diagram of the proposed location. Tippens said yes, and a forward fence has already been put up, it was a replacement fence for one that was falling. Baxter asked how tall the fence is and Tippens said it is a six foot wooden fence.

Ewing-Holmstrom said the operating hours will be six to midnight and asked if simply turning off the lights would stop people. Tippens said it is really hard to clean something when you can't see it. Ewing-Holmstrom said she did not think that would stop people and asked if there was a way to shut off the water to make sure people are not washing their cars after midnight. Tippens said he knew of no such device. Ewing-Holmstrom said you can set hours but that does not mean that people won't be coming in there, and asked if there was a similar problem at the one on 38th Street and if the police had called him. Tippens said never, he has never had any complaints; one time he called the police on a disruptive customer.

Ewing-Holmstrom asked if Tippens had done a market analysis for another car wash in this city. Tippens said he did a full-blown market analysis with his first location, and with that experience he felt he could look at an area and decide whether or not a car wash would go, and the main thing he found was that the majority of the car washes here, someone said there were 16, are really old and in bad shape and people do not want to go to them; people want a nice, clean, well-maintained facility and that is apparent by the amount of business at his current location. Ewing-Holmstrom asked if the car wash on 38th Street is lucrative and Tippens said it does very well, yes.

Bass said he knew Tippens puts out a first class car wash, but his concern was the noise and asked what Tippens could tell these people about the noise. He said he was at Tippens' facility  vacuuming his car at 6:00 p.m. and the boom boxes were louder than the vacuum cleaner and these people should not have to hear that. Tippens said he would post signs stating the city ordinance and believed there had been talk about having some undercover policemen going around. Tippens said he tries to be there all the time and intended to have an attendant building in the middle of it with a plexiglass window all around it so he could keep an eye on people. Tippens said he hears boom boxes in his house and the drawing shows he is 300 feet from the majority of the houses, and you can still hear them from that distance but it does not irritate you. Bass said his biggest concern was the noise. Tippens said he will put up proper signs and invited the police to come by any time and help him enforce that rule.

Glenda Haynes, 6108 NW Cheyenne, said she did not know any of these people but she lives behind a car wash and if you do not live behind a car wash, you do not know what it is like, it is awful. She said she has two young children and when they go in the back yard, the music and cursing in the music is loud. Haynes said her bedroom is closest to the car wash and at night it is boom, boom, boom, boom on the window and you hear people yelling and do not know if someone is getting raped or killed or what is going on. She said she has a stick in the back of the patio door because if a fight were to start, people could jump over the fence and it is terrifying. Haynes said she is a single parent and if someone is not there to watch it, it is dangerous, and she and her kids drive by at night coming home from church and people are hanging around outside, they are drinking and it is like a party and she wonders where the police are. She said she is a college student and stays up until 2 a.m. many times until they finally quit, the music finally quits. Haynes said she was not speaking to be on anyone's side but was saying it is awful. Mayor Powell asked where Haynes live. Haynes said 6108 NW Cheyenne off of Cache Road behind the car wash next to the Sonic.

Haynes said she was not trying to be religious but was trying to train her children the right way, and when you have all of that cursing, you cannot drown the music out. She said she was not opposed to car washes and uses one but 9 p.m. should be the latest because people have children and go to school themselves, and there was also a concern for the older people and it was not a black and white issue but she knows what goes on and it is dangerous.

George Kilmetz, 7630 NW Baldwin, said he is opposed to this car wash in this location; no one has anything against business and they would not mind a car repair facility, a string of retail shops, offices, whatever, but we are opposed to a car wash. He said at the CPC meeting a few weeks ago one of Tippens' supporters made the comment that it could be worse, you might wind up with something like an Outback Restaurant or a funeral home. Kilmetz said the Outback Restaurant closes before he goes to bed, their customers are inside where you cannot hear them, and the entire time they are open, someone is there to control the place and that is not the case with this car wash. He said funeral homes have quiet customers. Kilmetz said he was trying to think of what might be worse than a car wash in a residential area and the only thing he could come up with was a real low class house of prostitution or an all night go cart track. He said we do not need or want a car wash there, it does not belong there and we ask you to turn down this zoning.

PUBLIC HEARING CLOSED.

Moeller said she came specifically for this agenda item as the residents are in her ward. She said 98% of those who contacted her do not mind commercial but they do mind the car wash. Moeller said the fence that was mentioned, she walked up there and the fence on the back is a residential fence, it does not belong to that property and the debris on the property goes right up to their fence. She asked that Council support the Planning Commission vote.

Moeller said this would allow Mr. Young to sell his property for a commercial use and then we can take the next step with the next agenda item.

Shanklin asked if this would approve the car wash. Mayor Powell said if it is approved as C-1, we will go to Item 29 for the Use Permitted on Review and you can accept or deny the car wash on that. Shanklin said he would make a substitute motion; they are adjacent to a C-4 and he could not see the difference between a hairline of space that separates one C-4 from a C-1 Use Permitted on Review.

(Title)        Resolution No. 02-153

A resolution approving an amendment to the 2025 Land Use Plan for the City of Lawton from Residential/High Density to Commercial located at 7515 NW Cache Road.

(Title read aloud)    Ordinance No. 02-31

An ordinance changing the zoning classification from the existing classification of A-1 (General Agricultural District) to C-4 (Tourist Commercial District) zoning classification on the tract of land which is hereinafter more particularly described in Section One (1) hereof; authorizing changes to be made upon the Official Zoning Map in accordance with this ordinance.  

VOTE ON SUBSTITUTE MOTION: AYE: Devine, Shanklin, Haywood, Baxter, Hanna. NAY: Ewing-Holmstrom, Moeller, Bass. SUBSTITUTE MOTION CARRIED. (Note: Haywood and Baxter passed on initial roll call.)

*Moeller left the meeting at this time.

29.    Hold a public hearing and consider an appeal of the decision of the City Planning Commission to deny a Use Permitted on Review for the operation of a car wash located at 7515 NW Cache Road. Exhibits: Map; Site Plan; Letter of  Appeal; Draft CPC Minutes.

This item was not considered due to action taken on Item 28.

30.    Hold a public hearing and consider a resolution amending the 2025 Land Use Plan from Residential/Low Density to Professional Office and an ordinance changing the zoning from R-3 (Multiple-Family Dwelling District) to P-O (Professional and Office District) zoning classification located at 610 and 612 NW 14th Street. Exhibits: Resolution No. 02-154; Ordinance No. 02-32; Map; Site Plan; Application; CPC Minutes.

Bob Bigham, Assistant Planning Director, presented an area map and reviewed background. Discussion was held on whether home owners along Ferris may be holding off on repairs waiting to see if their properties will be commercial. Bigham said that was a possibility and had occurred in other parts of town. Devine questioned why this single area would be rezoned and not include some of the surrounding lots. Bigham said a day care center and dentists office are in the immediate area but were put in prior to establishing a professional/office zoning classification. Shanklin said the last rezoning on Ferris was in the 1980's and many of the homes were low income at that time. He said the neighborhood would be benefited by establishment of a doctor's office rather than the existing houses which are in poor shape.

PUBLIC HEARING OPENED.

Carl Lail, applicant, 2312 NE Turtle Creek Drive, said he agreed many of the houses in the area were in poor shape and that many residents had left them for that reason. He said his business would resemble a home, rather than a large commercial building, and it should increase the value of the properties in the area.

PUBLIC HEARING CLOSED.

(Title)        Resolution No. 02-154

A resolution approving an amendment to the 2025 Land Use Plan for the City of Lawton from Residential/Low Density to Professional Office located at 610 and 612 NW 14th Street.

(Title read aloud)    Ordinance No. 02-32

An ordinance changing the zoning classification from the existing classification of R-3 (Multiple-Family Dwelling District) to P-O (Professional and Office District) zoning classification on the tract of land which is hereinafter more particularly described in Section One (1) hereof; authorizing changes to be made upon the Official Zoning Map in accordance with this ordinance.

VOTE ON MOTION: AYE: Ewing-Holmstrom, Shanklin, Haywood, Baxter, Bass, Hanna, Devine. NAY: None. MOTION CARRIED.

31.    Hold a public hearing and consider an ordinance closing an easement in Heinz Addition located approximately at 1202 NW 40th Street. Exhibits: Ordinance 02-33; Application; Map.

Bigham said this is in connection with the new Home Depot and it may be possible to release the easement rather than having it vacated through the courts. A sewer, electric and gas line are in the easement and will be relocated at Home Depot's expense.

PUBLIC HEARING OPENED.

Larry Taylor, Architect for Home Depot, requested approval stating they were taking care of the utilities and would dedicate a future easement. He said the storm drainage easement would take care of drainage for a 20-acre area and the existing 24" storm drain would be replaced with a 60" storm drain.

PUBLIC HEARING CLOSED.

(Title read aloud)    Ordinance No. 02-33

An ordinance closing a utility easement located on property in Heinz Addition, Part 10, addressed as 1202 NW 40th Street, more particularly described in Section One hereof.

VOTE ON MOTION: AYE: Shanklin, Haywood, Baxter, Bass, Hanna, Devine, Ewing-Holmstrom. NAY: None. MOTION CARRIED.

32.    Hold a public hearing and consider an ordinance amending Chapter 18, Lawton City Code, 1995, to increase the maximum lot coverages allowed in residential zoning districts and to increase the side and rear yard setbacks for accessory buildings on lots 1-1/2 acre and greater. Exhibits: Ordinance No. 02-34 as recommended by the CPC; Ordinance No.02-____ as recommended by the Mayor; Matrix; CPC Minutes; Task Force Minutes.

Bigham said this ordinance was recommended by the Task Force, and it has great merit with some of the issues on lot coverage. The current residential maximum coverage is 35% on an interior lot; the Task Force recommended a 60% coverage, which is extremely substantial. The Task Force did not make any recommendations on the coverage in the rear yard for accessory buildings and left it at 20%, although he did not think that was their intent but it was not included in their motion. The CPC created a sub-committee to discuss this, and their recommendation is included in the information. The ordinance relaxes the code for accessory buildings in back yards. The CPC sub-committee looked at three or five acre lots and if you can cover 30% of the rear yard, a 50,000 to 60,000 feet building could be allowed and that was not what was desired, so they came up with a gradient system where if it is a lot under a half acre, 45% maximum coverage, 30% rear yard coverage and it provides ample flexibility in the code. They looked at the Oklahoma City ordinance and came up with rules on lot larger than a half acre to three acres and it looked reasonable. It has been noted that there is an inconsistency in going from less than a half acre to above a half acre; the lot gets bigger but it is more restrictive on how big of an accessory building is allowed in the back yard. Bigham said the ordinance is needed for people who want to apply for building permits on the smaller lots, but there is an inconsistency for the larger lots.

Shanklin suggested that be straightened out, cleaned up and brought back like a lot of other things. Bigham said it can be adopted as is or tabled for a couple of weeks. Mayor Powell said he hoped it could be adopted and then cleaned up and brought back.

PUBLIC HEARING OPENED.

Richard Jensen, 1001 NW Arlington, said his son owns property next door to him and he has been waiting for a year because 20% will not allow him to put a single garage on the back of his lot. He said 30% would be ample for their particular problem, they had been waiting a long time and hoped it could be resolved.

Charles Wright, Design Associates, 702 SW 52nd Street, said he was a member of the Mayor's Task Force on Code Review.  He said the increase for the 30% to the yard is needed. Wright said after the Task Force recommended this, it went to another committee that the Task Force was not involved in and a lot of things were tacked on, and the 30% for the rear yard is there if you have a lot that is less than one-half acre, but as your lot gets bigger, if you have a lot that is one foot larger than one-half acre, you are down much smaller than what you are allowed right now. He said he did not think enough research was done and he handed out further information to Council.

Shanklin said what was said was 60% under roof anywhere you wanted to put it on the lot, on the 7,500 foot lot was what he was after and that Devine was the one that made the motion, but he did not realize the rest of it and it needs to be cleaned up later but not tonight.  Shanklin said the CPC recommendation needed to be adopted and then have the Task Force clean it up further, and that would take care of those who have been waiting for this.

PUBLIC HEARING CLOSED.

(Title read aloud)    Ordinance No. 02-34

An ordinance pertaining to zoning, amending Section 18-404.1, Article 4, Sections 18-522, 18-523, 18-526, 18-534, 18-535, 18-538, 18-550, 18-551, 18-554, 18-562, 18-563 and 18-566, Article 5, Chapter 18, Lawton City Code, 1995, increasing the maximum lot coverages allowed in residential districts and increasing side and rear yard setbacks for accessory buildings on lots one and on-half acre and greater and providing for severability.

VOTE ON MOTION: AYE: Haywood, Baxter, Bass, Devine, Ewing-Holmstrom, Shanklin. NAY: None. OUT: Hanna. MOTION CARRIED.

33.    Hold public hearings and adopt resolutions declaring the structures at:  1212 NW Lake Avenue, 707 SW F Avenue, and 1514 SW Douglas Avenue, to be dilapidated and dangerous, thus causing a blighting influence on the community and detrimental to the public's health and safety; authorize the City Attorney to initiate legal action declaring a public nuisance in District Court and Neighborhood Services to solicit bids to raze and remove structures, if appropriate. Exhibits: Resolution Nos. 02-155, 02-156, and 02-157.

Owners of 1212 NW Lake and 707 SW F have requested this action to receive reduced tipping fees.

PUBLIC HEARING OPENED.  No one appeared to speak regarding 1212 NW Lake and 707 SW F, and the public hearing was closed.

(Title)        Resolution No. 02-155

A resolution declaring a certain structure a dilapidated public nuisance, detrimental to the health, benefit, and welfare of the community; ordering the dilapidated structure be brought to habitable standards or demolished and removed; and authorizing the City Attorney to initiate legal action in Comanche County District Court to abate such nuisance.  

Address:  1212 NW Lake Avenue; Mountain View Addition, Block 13, Lots 10-13. Owner: Johnathan M. Grant; Mortgage Holder: BancFirst.

(Title)        Resolution No. 02-156

A resolution declaring a certain structure a dilapidated public nuisance, detrimental to the health, benefit, and welfare of the community; ordering the dilapidated structure be brought to habitable standards or demolished and removed; and authorizing the City Attorney to initiate legal action in Comanche County District Court to abate such nuisance.  

Address: 707 SW F Avenue; Lawton Original Addition, Block 59, Lot 13. Owner: Nona Kinney; Mortgage Holder: None.

Angie Alltizer, Neighborhood Services, said the structure at 1514 Douglas has not been occupied for at least five years and that Haywood had brought the structure to their attention.

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

(Title)        Resolution No. 02-157

A resolution declaring a certain structure a dilapidated public nuisance, detrimental to the health, benefit, and welfare of the community; ordering the dilapidated structure be brought to habitable standards or demolished and removed; and authorizing the City Attorney to initiate legal action in Comanche County District Court to abate such nuisance.

Address: 1514 SW Douglas Avenue, Lawton View Addition, Block 72, Lot 4. Owner: Ida & Valeria Jean Houston; Mortgage Holder: Lawton Loan & Investment Corp.

34.    Consider a request from Comanche County Rural Water District Number One (1) to be recognized as a large-volume user of City of Lawton water and pursuant to Section 22-114, Lawton City Code, 1995, enter into negotiations for the purchase of water under a large-volume contract. Exhibits: Letter from Hyman Copeland; Memo from Revenue Services Supervisor.

Baker said the city code provides a designation and definition of large volume user; 10 million gallons per month on the average, and records indicate CCRWD #1 has met the definition of a large volume user. He said the second part is their request to enter into negotiations for water rates and the code says Council may negotiate with large volume users, so even if you accept the fact that they are a large volume user, you do not necessarily have to negotiate, and that is the issue before the Council this evening.

35.    Consider approving a contract with Dewberry Design Group for professional design services for the Nine Mile Creek Sewer Line Project #2002-18. Exhibits: None. ITEM WAS STRICKEN AS SHOWN ABOVE AND WAS NOT CONSIDERED.

36.    Consider approving a revocable permit for the placement of a storage building in the utility easement at 1409 NE Independence Avenue. Exhibits: Application; Letter; Site Plan; Map; Revocable Permit.

Bigham said the request is for construction of an 18' x 14' storage building built on skids on a platted utility easement in the rear of 1409 NE Independence in Heritage Estates. The shed would encroach onto the 25' utility easement by five feet. Council has the ability to issue a revocable permit; it has been reviewed by the city departments and utility companies. AEP-PSO has objected to the placement of the storage shed over one of their power lines. There has been a coalition recently of those who use the utilities to try and keep them free and clear so staff is not recommending approval of the request, but Council is authorized to approve it under city code. Shanklin said it was in Ewing-Holmstrom's area.

John Evans, 1409 NE Independence Avenue, said the information is accurate but knowing it was going to be recommended for denial, he asked PSO if they objected to the building be placed over one electrical line or both lines. There are two lines, one runs parallel to the back end of his property and a feeder line cuts diagonally across the property.  Evans said he could move the building forward a little bit to clear the main line but would still like to encroach on the 25 foot easement a couple of feet but almost anywhere he puts the building will be over the diagonal line. He said he asked why they did not go at right angles and the response was that it was a cost saving measure. Evans said he asked PSO to get back to him where he could have the building off of the main line and he would be willing to pay for any repairs if they ever had to make any to the diagonal line if he could put it where he wanted to and he was waiting for an answer.

Shanklin said the Council has done this in the past and he saw no problem with it. He asked if the easement was cross fenced. Evans said yes, the fence is 16' from the back of the property. Shanklin told Evans they have the right to get in there. Evans said yes, to take the fence down, he knew that. Shanklin said also to move the building. Evans said yes, that was why he had it on skids. Shanklin said he was just trying to enhance his living quality and needs this building and we have the revocable permit just for this.

37.    Provide direction to staff on possible annexation of property in east Lawton. Exhibits: Map. ITEM WAS STRICKEN AS SHOWN ABOVE, AND A COMMITTEE CONSIDERED.

ADDENDUM:

1.    Consider directing Public Works to prepare a cost estimate for paving and/or asphalting, and curb and gutter, for the curved road in front of the Cecil Lawson Complex on Cache Road adjacent to a residential subdivision. Exhibits: None.

Bass said he brought this up, Mr. Lawson has been very patient and this has been going on for a long time. He said the dedication of the road has not occurred and he guessed we did not know who it belongs to yet. Mayor Powell said it was on a list and thought it had been dedicated. Baker said staff was directed to prepare the necessary paperwork to dedicate it, along with six or seven other roads, and the City Attorney has been working on that in between other projects and it is scheduled to be dedicated and Council has indicated its wishes and it should be ready by October. Vincent said we have filed a lawsuit for dedication to clear the title and some of the heirs of previous owners have contacted us and are signing documents.  

Bass said Mr. Lawson put a curb and gutter on his side and has done everything he can; the State put curb and gutter on the other side, so it has been going on for a long time. Mayor Powell said the item requests preparation of cost estimates for paving and or asphalt, for staff to do that. Bass said yes.  Mayor Powell asked if Baker understood that and Baker said yes. Devine said we cannot do anything to it until it is dedicated. Mayor Powell said yes but October is soon.

2.    Consider waiving Council Rules of Procedure, and if waived, discuss negotiations with large volume users and provide direction to the negotiating team.  Exhibits: None.

Mayor Powell said he requested the item and requested a motion to waive the rules.

Mayor Powell asked the City Attorney if the negotiating team can start negotiating at any time with the big three volume users. Vincent said as long as we get the go ahead from the rate committee, yes. Mayor Powell said the second statement is, the negotiating team will consider right of ways, jobs and economic development in its final negotiation of water rates with the big volume users. Vincent said that is correct. Mayor Powell asked if he could have a motion in that regard.

*Note: The second addendum to the agenda was not considered.

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER

Col. Puckett said on Friday the Commander of the Third Corps Artillery, which is a significant portion of Fort Sill's combat forces, will change command from Brigadier General Guy Bourn to Brigadier General Dick Formica. The Change of Command will occur at 9 a.m. at the Fort Sill Polo Field.

Ewing-Holmstrom said if anyone is interested, she has not gone to work for the Chamber of Commerce due to a conflict of interest. She said National Kids Day was fantastic and more should participate.

Shanklin said he requested the water revenue for June that was collected in July, did not receive it and  wanted to know if it was good. Baker said it was good compared to last year, but there was a raise in rates; the report will be in the box early in the morning and he had reviewed it early in the day. Shanklin asked if we were headed for a short fall. Baker said he did not know yet, the carry over figure from last year is not in and until that is known, we cannot say whether we are headed for a short fall.

 

Haywood said Zoe will have 18-20 teams from all over town participating in basketball games on several courts in Lawton View for kids 8-18 years of age, playing on Tuesdays and Thursdays. He said it ends August 30 but there will be a Labor Day tournament.

Baker said in light of the action on the large water users, a meeting had been set up for the 15th where the customers were to meet with Black & Veatch and asked if that meeting was still needed. Shanklin said we need to cancel that meeting and cancel Mr. Benson's itinerary coming to Lawton.

Vincent said in May the Council issued a 20-day notice letter to CKT Water Association and Cotton County Rural Water District #2 because they had not tied onto our lines and we had some encroachment into some areas where we wanted to sell water. He said we have worked those encroachment issues out but not in time to meet the 120 day deadline and he would like to bring it back at the next Council meeting for reconsideration of their current contracts if that is appropriate. Council indicated agreement.

Mayor Powell said the birthday celebration was a great event, it was held in the park by the Museum and over 2,000 people attended; over 1,500 people were fed. He said it was all free and expressed appreciation to the following: Homeland Bakery & Deli, Wal-Mart Supercenter & Bakery, Johnson's Bakery, Country Mart Bakery, Chick-Fil-A, Mr. David Pope, the Museum of the Great Plains, KK Kickers, 77th Army Band, Lawton Rangers, Pioneer Women, Animal Welfare Division, Arrow Sign Company, Trevors Store, Thunderbird Bowling Lanes, T & S Printing, Red Coat Ambassadors of the Lawton-Fort Sill Chamber of Commerce and Industry, Great Plains Coliseum, Grant Pittman from Rush Springs, Rainbow Bread, Ron Nance buffalo burgers, and United Supermarket. Mayor Powell said the judges for the picnic were Mr. Buchwald, Mr. Dutchendorf, Mr. Kirby, Mr. Lubber, and Mr. Compton. The Best Dressed was Dr. Rose Lepien, Annette Dawkins and Margo Lubbers. Special guest was Col. Cline and we got to introduce the new president, Dr. Ross, from Cameron University. Employees who went beyond the call of duty: Major Harold Thorne and his wife, Donna, stayed and cooked burgers from 6:30 until after 10 p.m.; Fire Chief Bart Hadley and his wife, Angie; Assistant Fire Chief Gary Brooks and his wife, Pam; Assistant City Manager Larry Mitchell and his wife, Jan; the Museum of the Great Plains staff, Parks Maintenance staff, Building Maintenance staff, Arts & Humanities Supervisor Margaret Chalafant, Parks & Recreation Director Kim Shahan, also Jeannie Wheeler, Richard Bonnine, Carol Anders, Lindsey Williams, Angie Alltizer, Bob Bigham, Debbie Long, Sam Talamentez, Judy Kreigbaum and her mother, Cindy Price and her husband Ken; Ralph Carson and his wife, Debbie; and the lady who really helped do a lot of the organizing was Paula.

Mayor Powell said points of interest were that the Museum of the Great Plains registered over 1,300 people, giving them great exposure, and the last hamburger was fed at 10:10 p.m. that evening, so a great deal of thanks to all of those who went beyond the call of duty and it was a tremendous success.

BUSINESS ITEMS:

38.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the pending lawsuit of Stacey E. James v. Davila Fricia, Case No. CJ-01-1042, in which the City has a subrogation interest and take appropriate action in open session, if necessary. Exhibits: None.

39.    Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the pending tort claim filed on behalf of the estate of David K. Davis against the City of Lawton, and if necessary, take appropriate action in open session. Exhibits: None.

Raymond McAlister presented a token of appreciation to Mayor Powell for doing a good job during all the events celebrating Lawton's birthday.

The Mayor and Council convened in executive session at 8:55 p.m. and reconvened in regular, open session at 9:20 p.m. with roll call reflecting all members present except Moeller.

Vincent reported on Item 38, pursuant to Section 307B.4, Title 25, Oklahoma Statutes, we convened in executive session and discussed the pending lawsuit of Stacey E. James v. Davila Fricia, Case No. CJ-01-1042. The City Attorney's office recommends a motion authorizing the City Attorney to notify the plaintiff's attorney of our statutory subrogation rights.

Vincent reported on Item 39, pursuant to Section 307B.4, Title 25, Oklahoma Statutes, we convened in executive session to discuss the pending tort claim filed on behalf of the estate of  David K. Davis against the City of Lawton. He said discussion did take place and the City Attorney's office recommends no action.

There being no further business, the meeting adjourned at 9:25 p.m. upon motion, second and roll call.