Meeting of 2002-4-9 Regular Meeting

A resolution ratifying the actions of the City Attorney in making payment of the judgment in the Workers' Compensation case of Vee S. Morales, Sr. for the amount of Ten Thousand Three Hundred Sixty-One Dollars and 96/100 ($10,361.96), per order of the Workers' Compensation Court, and filing a foreign judgment in the District Court of Comanche County for purposes of placing said judgment on the tax rolls.

A resolution declaring the necessity for acquiring and owning real property, permanent and temporary easements and rights-of-way to certain property described in Exhibit "A" attached hereto for the purpose of the SE Flower Mound Road (Lee to Gore) Project #2001-2; authorizing and directing the City Manager to attempt to acquire said property by purchase and settlement of damages; and authorizing the City Attorney to acquire the property by condemnation proceedings if it cannot be purchased.

7. Consider adopting a resolution authorizing the Mayor and City Clerk to execute a Supplemental Agreement No. 1 with the Oklahoma Department of Transportation (ODOT) for bridge inspection services as required by the National Bridge Inspection Standards (NBIS) Program. Exhibits: Letter; Resolution No. 02-47; (Supplemental Agreement on file in City Clerk's Office).

A resolution whereby the City Council of Lawton, Oklahoma, authorizes the execution of a supplemental agreement between the City of Lawton, Oklahoma, and the Oklahoma Department of Transportation for Bridge Inspection Services under Project #BR-NBIS(38)CO, Job #12996(08) required by the National Bridge Inspection Standards Program in accordance with the terms and tenor of 69 O.S. 1991, Sections 1205, 1206, 1401 and 1403.

8. Consider acknowledging receipt of permits from the Oklahoma State Department of Environmental Quality for the construction of water and sanitary sewer lines with appurtenances to serve the Turtle Creek Townhouse Addition. Exhibits: None. Action: Acknowledge receipt of ODEQ Permit #SL000016020199 for 445 lf of 8" PVC sewer line and appurtenances, and ODEQ Permit #WL000016020198 for 205 lf of 6" PVC water line and appurtenances to serve this addition.

Summarized Background: 3.44 acre subdivision containing three commercial lots, 12 townhouse lots and a recreation area located south of NE Rogers Lane, west of NE 9th Street. Developer is Woon Chang, consulting engineer is Landmark Engineering. Construction plat approved by Council 8/28/01 subject to conditions, all of which have been met. Final inspection was performed. Subdivision includes a cul-de-sac (NE Turtle Dove Place) which will be a private street and will be maintained by the homeowners association. All improvements to be dedicated are acceptable with the exception of establishing vegetative ground cover in all disturbed areas. Developer submitted escrow agreement of $1,237.50 as surety that this improvement will be completed. Maintenance Bond of $3,198.00 for water and sewer improvements has been submitted. CPC approved the record plat on 3/28/02. Action: Approval.

Summarized Background: Located at SW corner of SW 67th St. and Drakestone Blvd.; consists of two lots on 0.466 acre. Developer is John Guy Erwin; consulting engineer is Landmark Engineering. Improvements were already in place, therefore, no improvements were constructed. CPC approved the record plat on 3/28/02. Action: Approval.

11. Consider approving plans and specifications for the 2000 CIP Waterline Replacement Project #2001-26 and authorizing staff to advertise for bids. Exhibits: Map. Action: Approval. Project is 11,000 lf of 8" water line, including fire hydrants, valves, etc. for high maintenance locations and for replacement of under-sized mains. Contract time is 300 calendar days. Estimated cost is in the range of $800,00. Funding is from 2000 CIP ad valorem.

Jerry Ihler, Public Works Director, answered questions with regard to the purpose of the project, the location, when the existing pumps were originally installed, and which industries are served by this facility. It was suggested that staff see if there would be any value to keeping the existing pumps as reserves or any other useful purpose. The City Attorney was asked to look into the Goodyear contract to see if it provides for penalty in case the City is not able to supply a certain volume or pressure of water.

13. Consider approving contract for Native American Program featuring Yasu and Sandra Osawa on Preserving Your Heritage, April 18-20, 2002, at the Museum of the Great Plains. Exhibits: Contract on file in City Clerk's Office. Action: Approval. Total cost is $5,370 ($2,000 Oklahoma Arts Council; $900 City of Lawton General Fund; $2,470 Lawton Arts & Humanities Council)

14. Consider approving contracts with SHATI, Red Dirt Rangers, Michael Merrill, Chris Moss (magician), Creatures Great and Small, Ron Tara (demonstration artist) and S.D. Youngwolf (demonstration artist) as performers at the 2002 International Festival and authorize the Mayor and City Clerk to execute the agreements. Exhibits: Contracts on file in City Clerk's Office. Action: Approval. Total cost is $13,200. ($8,200 Oklahoma Arts Council; $4,000 City of Lawton General Fund; $1,000 Friends of the Library)

15. Consider approving the following contract extensions: A) Scraper Tires and Service with T and W Tire; B) Library Book Contract with Picton Press, University Book Service, Grolier Publishing Co., and Grolier Publishing Co., Inc. dba Grolier Educational, The Gale Group, Recorded Books, LLC and Southwest Publishing Inc.; C) Custodial Maintenance Service (Group II and Group III) with Pride's Janitorial Service and Service One Janitorial of Lawton. Action: Approval.

Discussion was held concerning purchasing the packer bodies separately from the truck, cab and chassis, which were purchased previously from the State contract. Ihler explained this is done in an attempt to save money on the total unit and discussion was held on the total amount required to put a sanitation truck into operation, and the fact that the trade-in value provided enough to come in under the budgeted amount.

Tom Aplin, Acting Housing and Community Development Director, said this is the second public hearing in developing the Consolidated Plan for FFY 2002. He gave a power point presentation of information required by HUD as follows: 1) $1,163,000 is available in CDBG funds, along with program income from previous years of $32,885, for a total of $1,195,885. 2) Funding requests total $2.5 million. 3) $239,177 is the maximum allowed for administration due to a 20% cap. $179,830 is the maximum allowed for public service projects due to a 15% cap, which was discussed at previous meetings. 4) $569,000 is available through the HOME Program. 5) Funding requests total $609,000. 6) $85,350 is the 15% minimum required CHDO set aside and $104,750 is proposed. $28,450, or 5%, can be spent to fund administration of CHDO operations, and that amount is recommended for allocation to one of the CHDO's. $56,900, or 10%, is the administrative cap for the HOME program, and that will include the administrative fees for the subrecipient who will carry out the recommended tenant based rental assistance program. A local match of 12.5% is required for all non-administrative expenditures, but due to the huge amount of match credits accumulated from past projects, there is no requirement for cash match, for the second year in a row. Comments from the City Planning Commission public hearing are included in the packet.

Purcell said regarding the MedTrans request, he found that the Comanche Tribe provides transportation, as well as GPIF through Sooner Ride which transports anyone receiving Medi-Cad to doctors or hospitals, and the bus service will start soon, including paratransit. He suggested numbers be provided on how many ride MedTrans and how many of them could use one of the other services to see if it might be cheaper to use some of the funds designated for MedTrans to pay for those persons to ride paratransit, or at least look at that issue because $50,000 is a lot to put in MedTrans since these other services are available. Purcell said no funding is projected for the C. Carter Crane Shelter, and Hospice was drastically cut. He said MedTrans is supposed to be running two buses for $50,000 but maybe they could run one for $25,000 for the people who cannot qualify for one of the other programs, or do nothing and pay for them to ride paratransit, but Council needed to look at that and have some numbers.

Bobby Carter, 701 NW 36th Street, said MedTrans makes about 2,000 trips and less than 1% of their passengers are riding due to pregnancy. He did not have a number of senior citizens on Medi-Cad who use MedTrans. Carter said there is a need for MedTrans and a year ago the City was spending $74,000 for this service, today it is $50,000 but Council is trying to cut it even further. He said it is not a duplication of service with the bus system, and the Comanche Tribe bus only serves Indians. Carter said they take a group of almost 100 to Taliaferro on a daily basis that would not qualify for the other services, and less than 10% of their riders would be able to use the other services. Purcell asked if 10% of their riders are on Medi-Cad. Carter said he did not have that number. Purcell said Medi-Cad folks could also use Sooner Ride, and that was his point, and we need to get transportation for everyone who needs it, but we are trying to support the other agencies also and if there is a duplicative effort, we need to shift the money around.

Carter asked who pays for Sooner Ride. Purcell said the riders are not charged and must have Medi-Cad, the same way people ride free on MedTrans; the program is likely funded by either the federal or state government. Carter said they requested $61,000 but were cut to $50,000 and they would try to run it if it is cut again but did not know if they could. Mayor Powell asked if MedTrans is funded by anyone else and Carter said no, they get $4,900 from churches for Meet the Needs and for MedTrans.

Shanklin said Robert Smith told him there was duplication of services but at the last meeting he was told that was not true so where did he get led astray, and Ms. Jones said it was not duplication and the minutes reflect that. Carter said he understood Mr. Smith was getting comments about duplication of service and once they started looking into it, they found it was not duplication, but Mr. Smith is the kind of person that if it was duplication, he had a concern about spending the money. Shanklin asked if we have four or five entities taking people to see doctors. Carter said he was not sure.

Purcell said the duplication he saw was that Sooner Ride provides services to doctors and hospitals but the only ones who qualify are those on Medi-Cad. O'Dell Gunter, GPIF Director, 325 C Avenue, said Sooner Ride is a state-contracted transportation program for individuals who are on Medi-Cad and they are not charged for the transportation; an agency in Frederick manages it for Lawton and GPIF contracts with them to do that project. Purcell said people could ride Sooner Ride or MedTrans.

Baker said GPIF previously ran MedTrans and asked if they had Sooner Ride at the same time. Gunter said no, not at that time. Baker asked if Gunter saw a duplication of effort between Sooner Ride and MedTrans. Gunter said both provide free transportation to medical facilities, Sooner Ride will take you anywhere in the State, but most of the time the trips are here in Lawton and Comanche County.

Hanna asked Gunter if he saw a duplication of services between MedTrans and Sooner Ride. Gunter said there is a duplication of services, yes. Hanna asked what the duplication is. Gunter said they are both to get people to medical facilities and it is free transportation, you call Tulsa to become eligible for Sooner Ride and they qualify people on Medi-Cad, but anyone other than those on Medi-Cad would not be a part of the Sooner Ride program. Hanna said you do not have to be on Medi-Cad to ride MedTrans and Gunter said you have to be CDBG eligible but not necessarily on Medi-Cad. Moeller said some may not be elderly or on Medi-Cad but may need transportation to dialysis and would not have the money to pay because they are low income. Gunter said they would be CDBG eligible and could ride MedTrans.

Baker said Gunter has had experience with both programs, and asked if both are needed by the citizens of this community. Gunter said for those who are low and moderate income who would qualify through CDBG and not for the Sooner Ride program he would say yes. Baker asked if there were enough of them out there to justify having the separate programs. Gunter said he did not know the numbers. Purcell asked if a lot of the people who ride MedTrans are on Medi-Cad. Gunter said he did not know the numbers but if they are Medi-Cad eligible, they would qualify for Sooner Ride.

Shawn Vergot, Safe Haven Coordinator for Lawton Outreach Center Weed and Seed, 2502 NW Sheridan Road, spoke in behalf of the Lawton Business Incubator which is designed to assist low to moderate income residents in targeted neighborhoods to provide alternative job opportunities through entrepreneurship and starting business to develop growth in the community. He said they would use the existing infrastructure such as the Vo Tech Small Business Center and Northside Chamber Business Development to assist the business owner to learn about setting up business plans. Vergot requested $10,000 to assist in funding office space, and said two other grants are also being sought.

John Conklin and Francy Ford, Goodwill Industries, restated the request explained previously for construction of a circular drive to serve Goodwill clients. Discussion was held on methods of improving traffic safety, such as pedestrian crosswalks or speed bumps, and improving access for Goodwill clients.

Annette Wiseman, 106 Fullerton, appeared with a group of six children to request approval of funding for the South Side Park. She said she works at the Sanders Heights Apartments and a group of youth had been formed that were interested in litter control and keeping the park in good shape and in improving the Lawton View community. Wiseman said they were looking into forming coop partnerships with a Marine battalion and a group at Goodyear to mentor the children and assist with projects such as this, and presented a poster showing their slogan "Beautify the View". She said children in this area are bussed to schools throughout Lawton, and it is important for parents to know who their children's friends are but they cannot play with their school friends because they do not live near their schools so they have a great need for the park and use it as a common meeting area. Wiseman said she felt it was important for the children to attend this meeting to learn about government and encourage them to participate now and throughout their lives to improve their community. Mayor Powell invited the group to join the task force that is focused on cleaning up the community. Wiseman invited Council to the South Lawton Youth Rally on April 27. Council discussed the exact location of the park in question, South Side Park in Lawton View for a pavilion at $35,000. Wiseman said there is a plan to build 100 homes there and this would help.

Betty Caldwell, C. Carter Crane Homeless Shelter, said the shelter at 615 Summit was closed a year ago for lack of funding and they received no CDBG funding last year and none is proposed for this year. She said one shelter is still operational and they are seeking other grants but would not know until May whether they would be received. Caldwell said it is vital to have a shelter for the homeless and asked that funding be provided.

Baxter recommended that Item 59, the $90,000 for Chisolm Trail Boulevard overlay in Ranch Oaks, not be done but to do Items 65 and 66 (SW Oklahoma curb and gutter; SW Texas curb and gutter) which are $36,000 and $30,000 respectively, so $66,000 would still be spent in Ward 7 on street improvements; and use $20,000 for a circular drive on Item 44 (Goodwill) and the $4,000 that is left be added to Item 38 (Northside Chamber Minority Small Business Development Center) which is shown for $50,000, so it would be a total of $54,000. Discussion was held on which column was being considered.

Baker said the City has two contracts with Energetix dealing with options on wastewater effluent for proposed energy facilities, one co-generation plant in the west part of town and another electrical generating plant in the east part of town. The contracts expire April 30 and the item is to extend the period for another year to April 30, 2003. Representatives from Energetix are present.

Devine said Lawton pays over a million dollars a year for the use of Waurika water without ever using it; this company has tied up 8 to 15 million gallons of water and has not paid much. Baxter said we are betting on them to improve the future of our city. Devine asked why the company was not paying. Mayor Powell said they are spending a ton of money getting to the end of this journey; on March 5 there was a public hearing on their DEQ permit and five attended and only one person had a real concern. Mayor Powell said on June 11 there will be a hearing before the Corporation Commission on setting rate structures with the firm so they are well on their journey and have spent a lot of money, a lot more than tying up a little bit of water. Shanklin said we cannot or have not done anything with it anyway. Baxter said it is being sent down the creek. Shanklin requested the roll be called.

Bob Bigham, City Planner, said the Council adopted an ordinance in 1994 when a fiber optics company wanted to place cable in public right of ways, and since then two companies have done so. He said Energetix wants to install its pipeline in the public right of way from the wastewater treatment plant to their proposed west energy plant. The revocable communications permit ordinance is proposed to be modified to include pipelines, so it is not a major change but expands its use from just communications cable and would include pipelines.

Moeller asked if Energetix will have to acquire their own right of way for the line if this is not approved. Bigham said that is correct, there is no mechanism to allow private utilities in the public right of way. Moeller asked what problems could arise by allowing communications cables and pipelines, which could include a variety of things, in the public right of way. Bigham said the code contains provisions where the Council could revoke the permit and require the line to be moved. Moeller asked under what conditions the Council would need to or should do that. Bigham said the Council may place conditions in the permit that are specific to each case; this will involve the statutory 66 foot right of way in a rural area and if the roadway is expanded to four lanes in the future, we would not want to build a paved street over this pipe line, so arrangements would have to be made to revoke the permit.

Moeller asked if there could be problems in having communications cables and water lines, or maybe gas lines, all in the same right of way. Bigham said the more utilities there are in a confined space creates more of a potential for conflict, but they will be reviewed on a case by case basis and appropriate conditions will be stated in the permit to protect the City. Moeller said problems should be avoided when possible although they cannot always be foreseen. Bigham said this item only allows for the application, it would not be mandatory for Council to grant a revocable permit, and conditions can be included in the permit to address any particular issues.

Hanna asked if the City would be liable if the crews installing the pipe line damaged or disturbed the fiber optics cable that is already in the ground. Bigham said the City would not be liable, they would be under the OKIE locate and it would be a requirement for the persons digging in the right of way to have the lines located. Vincent said Bigham is correct and state law on underground facilities would apply in this case. Vincent said this does not grant Energetix the right to install their pipeline because they have not submitted an application or plans and we do not even know exactly which right of ways they are talking about, but this is the only mechanism the City has to allow them to do what they may need to do at some point.

21. Hold a public hearing and adopt a resolution declaring the structure at 2235 NW Hoover 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 pursue in District Court and Neighborhood Services to solicit bids to raze and remove structures, if appropriate. Exhibits: Resolution No. 02-48.

Angie Alltizer, Neighborhood Services, said these structures are known as the Fort Sill Garden Apartments. Council considered them in November and a citizen petition was received at that time. Council considered them on January 8 in a public hearing and the owner and mortgage holders were given 90 days to develop a plan of action for the property and that time line expired yesterday. She distributed pictures taken this afternoon, with the first page showing the front and they are three units put together; the bottom pictures shows the structure is unsecured, there is a window broken out and most of the windows on the bottom floors of all of the units are boarded up, and the ones that are not are broken into regularly. The next page of pictures, the top one shows the back side of the apartment units, it is another unsecured structure and the plywood has been removed from the window and is laying at the bottom of the picture. There is also evidence of graffiti on the boarded up entry way. The bottom picture was shot inside an unsecured window showing vandalism to sheet rock and the hot water heater was removed and apparently they were planning to unload it through the window. The next page of pictures shows recent arson activity in the structure on the far west end, with the bottom apartment unit sustaining the most damage. The property was immediately secured following the fire, but it is a continued, attractive nuisance and certainly a blight on the community.

John Kennedy, P. O. Box 8, Lawton, said he was the broker that is representing the owner in the sale of this and that he had appeared at a previous meeting where they had a contract which expired the first of the month that has now been extended and he had a copy of the contract and extension available.

Baxter asked how long the extension was for and Kennedy said 180 days. Moeller asked if they had 180 days to close this with the new buyer. Kennedy said yes. Moeller asked if construction would begin after that. Kennedy said hopefully it could begin before that but it would be no longer, and again, that is more for the purchaser to determine. Moeller said you do not normally start reconstruction on property you do not own. Kennedy said the financing is somewhat involved and he would prefer that the purchasers address the questions.

Hanna said Council was told last time that the debris would be removed and the lawn and landscape would be improved but that has not been done. Kennedy said the current owner is depleted of funds and was doing all they could to keep it secured more than the clean up. Hanna said the properties are not secured and people are entering, so the neighborhood is the one suffering for it. Kennedy said they boarded it up after the fire but it had not been boarded up before that because it had not been a problem until the time of the arson.

Richard Maxberry said he was retained this past Thursday by the two principals in Delta Groups Investments, LLC, which is the proposed developer of this particular project. He distributed information. Maxberry said he was retained at this late hour due to the sudden and unexpected withdrawal of a couple of local financial institutions who had originally proposed to finance this; they now intend to finance it through the Federal Housing Insurance Section 221D4 of FHA's plan to provide mortgage insurance for these types of structures. This involves approximately $1.6 million of hard money that goes into the buildings, not fees and costs, and will take approximately 140 to 150 days to complete and at that point, construction would start. Maxberry said three mortgage companies have expressed strong interest in reviewing the project and providing funding, two of them are in Dallas and one recently established an office in Oklahoma City.

Maxberry said there is a shortage of Section 8 housing in Lawton. He said the hand out includes pictures of structures located just around the corner from these on 26th Street which were recently rehabilitated by a local, private entrepreneur, and it is representative of what the project will look like when it is complete. He said the estimate from Jan L Construction in Marlow is for the extensive rehabilitation, and the new metal roof would not be done due to the costs. Maxberry explained processing times and steps regarding FHA project financing, with an approximate loan closing date of September 18 then construction would begin probably the following Monday so a suggested target date would be October 1. He said the property is pretty rough looking but the potential for the project is there and it would support in excess of the loan necessary to do the rehabilitation. Maxberry gave names of individuals and firms identified to work on this.

Purcell asked if the gentlemen present are the current owners or the ones planning to purchase it. Maxberry said they are the ones who are purchasing it. Purcell asked how long these apartments had been a blight on the community, and he had been on the Council for seven years and knew it had come up several times where owners or buyers were granted extensions and they fall through. Purcell asked what was different now than the previous times. Maxberry said they would be prepared to give some milestones by which to measure their progress.

Sue Stanley, 2727 NE Euclid, said she has been the property manager for Richards Realty Management and has managed the Ambassador and Diplomat Apartments since 1996. She said in November 1997 there was a fire in Fort Sill Garden Apartments and from that point on, after those units were boarded up and the doors chained, the tenants kept moving out; in June 1999 she began working with Councilman G. Wayne Smith and the Weed & Seed Committee, and she went with Councilman Smith, Manny Cruz from the Inspection Office, and three COP officers on a tour of some of these units where they found syringes, cigars that had been pulled apart, damaged walls, used condoms, and mattresses on the ground. Stanley said she had never met Mr. Maxberry but knew that in 1999 his name continually came up, he was trying to get the project and get financing, so everyone told her to wait and let him try to get the project done. She said it is now 2002, three years later, and the apartments caught fire, children are constantly seen playing over there, and something has to give with this property. Stanley said she is in the business of providing housing and agreed there was a shortage and that these units could probably be rehabilitated but it has been way too long; there is lead based paint in the units and there would be a cost associated to abate that; we have been working on this too long and we need your help.

Maxberry said it was true that he had been involved in working on this project since 1999 and he represented a 501C3 charitable organization at that time that was attempting to buy the property. He said in November 1999 the tax exempt municipal bond market collapsed and has yet to recover. Maxberry said these gentlemen have the necessary start-up money, have taken measures to do that, and will be doing things in the immediate future to insure the safety of the public, such as a construction fence around the property and some landscape clean up that will immediately benefit the neighborhood.

Devine asked what the process will be if the property is condemned, and whether it can be appealed. Vincent said they can file an action against the City requesting an injunction to prevent the City from going through with the condemnation process, and a hearing would be held before a District Judge.

Purcell said he supported the resolution to condemn, and he was not against the people who are here, but we have heard this story many times. He said he was not sure it was the right thing to do because these may be the people who will solve the problem but they had heard it over and over, the neighbors have been complaining and he wanted to explain he had to support the resolution. Purcell said he hoped they would get a building permit and get on with it but he could not go with this any longer.

Shanklin said we agreed some time back that nobody's property was sacred, commercial or otherwise, and we have deleted some from that but we are back on track again. He said this will not be torn down tomorrow, next month or even this year; we will have passed a resolution and it will not come back before Council; they have two weeks to get an injunction and they will get an injunction and the judge will listen to them, and when they present the program to the judge, he will go along with them but he will set a date for them and whenever that date is over with, do we have $75,000 to tear it down? Shanklin said all we are doing is forcing action and he had to support it because he had agreed to this and if we are going to try to clean up Lawton, it will get it done, but this does not delay them at all, and we will have done what staff has worked hard to prove to us and showed that we needed done, plus the people who came here, and the lady that just walked off, but that is still not going to get it torn down, the judge will do it because they have due process. He said with that he hoped everyone understood where we really are.

A resolution declaring certain structures a dilapidated public nuisance, detrimental to the health, benefit, and welfare of the community; ordering the dilapidated structures 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. (Legal: Gooch Acres Addition, Block 13, Lots 1- 3. Title Holders: Hillel Smulowitz, 2803 NW Hilltop Drive, Fort Sill Garden Apartments; Mortgage Holders: City National Bank & Trust Co.)

22. Hold public hearings and adopt resolutions declaring the structures at: 112 W Gore Boulevard; 1107 NW Bell Avenue and 1106/1108 NW Columbia 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 pursue in District Court and Neighborhood Services to solicit bids to raze and remove structures, if appropriate. Exhibits: Three Resolutions.

Alltizer said 112 W Gore is a red colored tin structure next to Ayers Imports, and the tin is falling off. She said the property owner requested it be brought for condemnation so they can take advantage of the reduced tipping fees at the landfill, and they are set to tear the property down tomorrow morning.

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. (Legal: (112 W Gore) Lawton Original Addition, Block 2, Lot 6. Title Holders: David R. Towe; Mortgage Holders: None)

Alltizer said these three structures are owned by the same person, they are two-story apartments similar to the Fort Sill Gardens but definitely not in such a deteriorated condition. Two of the structures are on the alley, which is why they are listed as being on Columbia, and the other is on Bell. A representative of the property owner is present. The buildings are somewhat of a blight on that neighborhood when you look at the surrounding structures but the property management company has cooperated in the past as far as keeping them relatively clean and secured but they do need some attention, they need some TLC.

Nettie Francis Hankins, 7704 Stonegate, gave information on how she and her husband became acquainted with the property owners. The owner, Mrs. Gorman, resides in France, her husband passed away, and her son is employed by the American Consulate in Italy. Hankins said she was appointed the administrator of the estate when Mr. Gorman passed away, has full power of attorney and is on the checking account at City National Bank. She said she sold the Gorman's property at 1109 Bell, there have been many renovations in the area, the homes are beautiful, and she would admit this was not beautiful.

Hankins said the Gorman's were not notified until Mr. Bryant contacted them. She said on March 30 she was notified by Mr. Bryant, who was the property manager, and the notice is dated March 28 for the matter to be considered tonight, which is not very much notice. Hankins said Mr. Shanklin knew she had the power of attorney and was more or less in charge. She said in 1993 she was offered $121,000 by a real estate firm for the property, which consists of three structures, each containing four apartments, on 11 or 12 lots. Hankins said in 1996 Mr. Shanklin telephoned her and wanted to buy the entire complex and offered then $25,000 and of course they declined. Shanklin said he had never called her to buy those properties. Hankins disagreed. Shanklin disagreed, and said he had talked to J.C. Kennedy Company about buying them but had never talked to Hankins about buying them. Hankins disagreed. Shanklin said he would discuss it later and come after her.

Hankins said the properties consist of 10,500 square feet of vacant lot, the improved dwelling of the three units consists of 21,000 square feet, and the apartment complexes consist of 31,080 square feet; the appraisal value in 1996 was $79,000, but found from the certified appraiser on Monday that due to the slump of the real estate market at this time that it should be about 15% less or $67,150. Hankins said for over 50 years they have paid real estate tax and property tax on this and she managed the apartments for approximately six years after Mr. Gorman's death and they were 80% occupied all the time. She said the Gorman's turned it over to the White Glove Rental Agency who really let it deteriorate, there were broken windows, all the apartments were furnished and the furniture was taken, the air conditioners were all taken, and when the picture came out in the Lawton Constitution that showed the grass to be about four feet high, she personally got someone to mow it and paid for it out of the Gorman's checking account.

Hankins said Mr. Bryant later managed it. Mayor Powell asked that Hankins get right on target. Hankins said she ran a newspaper ad on April 4 for an investor and has received eight calls and asked each of them to make an offer so she could contact the Gorman's. She said Shanklin told her the other night that he would give $49,000 for it. Shanklin said that is a lot more than $25,000 and Hankins agreed.

Mayor Powell asked that we get to the end of this. Hankins said this is an ideal location, a half a block off of Fort Sill Boulevard, within walking distance of downtown and the new buses might be going right by it. Mayor Powell said we know all of that, but what this says is that it is causing a blighting influence on the community and detrimental to the public's health and he had not heard anything yet about what she was going to do about that. Hankins said she was just getting to that and she had not had anything to do with the property because she had not been physically able to take care of it or watch after it, but as of today, they started cleaning up the yard, removing all the trees and she was asking to please give 90 day notice at which time the Gorman's will be able to come to the United States and handle this matter. She said the property is in run down condition and does not look very nice but she had spent a lot of time these last eight days in checking things out and would like to ask the permission of the Council to delay this for 90 days, and Mr. Bryant asked the last tenant to vacate and he did so last Monday so the properties are all empty at this time but she would like to have Council consider giving a 90 day break on this, she will personally see that the yard is cleaned up and will personally see that all the lower levels of the units are boarded up so no vagrants or homeless people will be moving in there. She requested a 90 day extension.

Terry Bryant said he was just now finishing managing the property. He said Ms. Hankins is correct about the notice, he got notice, the owners are in France, the son is in Italy and he e-mailed them to let them know what was going on and he had also given Neighborhood Services the correct service addresses. Bryant said there is a problem, he managed it and the natural gas absolutely killed him, due to the utility set up they had to do a bills paid basis and the natural gas got so expensive he had to shut it down over the winter; he communicated with the owners and Ms. Hankins as to what the problems have been, the notices they received have got their attention and he thought they would deal with the situation; right now the property is not economically viable. Bryant suggested Council grant a 90 day extension; his management has ended but he decided in September-October to shut the property down because they were literally paying tenants to stay in there with the natural gas situation.

Vincent said the question of notice was raised a couple of times and the resolution shows the title holder as Georgette Gorman in care of Bryant Property Management, Inc. and the address. He asked if that was the address on file at the Courthouse and Alltizer said yes. Alltizer said she spoke with Mr. Gorman, he called her about a month and a half ago from Italy to let her know that he was aware of this problem and she told him that this was probably going to Council in the near future, he realized that something had to be done with the properties and said he had thought about selling it because it was really more trouble than it was worth and so he has been served proper notice both by mail and verbally over the telephone.

Mayor Powell asked if this property is secured. Alltizer said yes. Shanklin asked what do you call secure. Alltizer said it does not have any breach of entry into windows, doors or walls knocked out. Shanklin said he would take her by there in the morning. Alltizer said she did not doubt that things could happen in a matter of hours. Hankins said a person contacted her this afternoon about seeing them and she told him they were unlocked and he called back and said they were locked and he could not get in. Hankins said she would personally see that it was properly boarded up to prevent entry.

Mayor Powell asked if this property is in a state of deterioration or is it the appearance of the lawns and the trees and all of that kind of stuff; what is the problem. Alltizer said actually the property looks better now than it has over the last several months, it is a blight on the community considering the surrounding yards and homes and things, but as far as the structural integrity, it seemed to be intact; it is definitely not attractive, but as far as any major collapse, it is not expected.

Moeller said she went by the property and it is not vandalized, the windows she could see were intact, but there has been some deferred maintenance on the property. She said Council has allowed other owners other things and she would like to see the Council allow time for the owners to get here to consider it or talk with them further on the phone and see what they intend to do with it.

Shanklin said Ms. Hankins did call him and they talked for 45 minutes and he explained to her what they just did on the property they just got through with, we are not going to tear that property down, we are going to force them to do something, now this little lady is going to come here and she is 87 years old and she was here two years ago, she knows what the property looks like, when she comes in June, then if we don't do this then she can sell this to some real estate agent because they offered her $36,000, she said what did I think it was worth and I said I would give $48 or $50,000 but then I haven't been inside of it, $25,000 seven or eight years ago, that's a figment of someone's imagination, but Council, what we do is pass that resolution, they have so much money they can go over there and get an injunction, get it just like these other people and then it does not come back to us, we're not going to tear it down, all we are going to do is force something to be done.

Shanklin said if the properties are sold, they will be going through this again, and if we put it on demolition, they're going to have to bring it to code and not do it piecemeal. He said he did not want to tear that property down, we are not going to tear it down, but we are going to force them to do something.

Purcell said the reason he did not agree with tabling is, we are not going to tear it down but we will have the same problem; what happens if at the end of 90 days they come in and ask for another 90 days or decide they want to sell it, then we have a new buyer and we are back in it all over again, and that is why we never get anything done. He said he hoped the City did not tear it down and the owners would do something. Bass said he had been by those apartments and they are not that bad; there is nothing going on with those apartments. Shanklin said he lives a half a block from them.

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. (Legal: (1107 NW Bell) Mountain View Addition, Block 4, Lots 24-26. Title Holders: Georgette Forman c/o Bryant Management Inc.; Mortgage Holders: None)

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. (Legal: (1106/1108 NW Columbia) Mountain View Addition, Block 4, Lots 7-9. Title Holders: Georgette Forman c/o Bryant Management Inc.; Mortgage Holders: None)

24. Hold a public hearing and consider an ordinance changing the zoning from R-1 (Single-Family Dwelling District) to P-O (Professional and Office District) zoning classification located at 503 NW Sheridan Road. Exhibits: Ordinance No. 02-19; Map; Site Plan; Application; CPC Minutes; 2025 Land Use and Zoning Maps.

Bob Bigham, City Planner, pointed out the property and surrounding landmarks on a view graph map, showing Sheridan Road, Ferris, the old bank building; C-1 zoning to the north, R-1 to the east, and C-5 across Sheridan Road. The applicant is Steve Rich. Dr. Leckman owns the property. The Planning Commission on March 14 held a public hearing; two persons spoke in favor of the request, one person expressed concerns about the use of the alley and the parking at the rear of these buildings. One call was received in favor of the request from the lot owner to the immediate south. CPC by a six to zero vote recommended approval of the request.

Devine asked if it was spot zoning. Bigham said the Land Use Plan identifies all of the lots along Sheridan Road as Professional/Office District use so it is piece meal zoning but it is consistent with the Land Use Plan. Devine asked why the whole strip was not being considered because every other one or two has been rezoned, and he knew Mr. Beller would have liked to have had his rezoned at the same time. Bigham said we have not initiated any administrative rezonings to make them consistent with the Land Use Plan; that has not been Council direction and we do not have the manpower to do so.

Mayor Powell said he received a letter and asked Vincent to read it into the record. That reading is inserted as follows: "The Mayor received a letter with pictures and I'll start them down that direction and read the letter while they are going around. This is from James and Elisabeth Cobb, dated April 4, 2002, to the Lawton City Council. Regarding rezoning of 503 NW Sheridan. Dear Council Members: As my wife and I have school and work commitments we cannot attend this meeting. I respectfully request that this letter be read publicly.

Mr. Rich has stated that part of the reason for building is to provide additional parking for the building next door at 505 NW Sheridan where there is a severe problem with employees parking behind the building, in the alley, and in the empty lot now being considered. In the attached photographs, there are 10 cars parked behind the building, in the lot, and in the alley. This rear parking is accessible only from the alley, not from the front as required, and significantly increases the traffic flow. 14 residences are affected by this traffic.

I realize the issue at hand is the rezoning of 503 and 505, but the two lots are tied together at present by the physical layout of the lots and the alley, and by the lack of fencing. This is a one-way alley with 2 blind turns. Instead of being used by the occasional slow moving utility vehicle, this alley is now used as the primary commercial access route. These vehicles are usually in a hurry getting to work, going to lunch, or going home and, are sometimes going the wrong way down this one-way alley. The addition of another building with two offices can only compound this problem.

Part of the problem is Mr. Rich's believability. He stated at the meeting in which the Council approved rezoning 505 NW Sheridan Road that there would be no accessing of the building and no parking behind that building. Less than a week later, he changed out the plans in the Building Development Office with plans eliminating fencing and showing parking on both sides of the rear of the building. What he built was a structure with rear parking accessible only from the alley, without the required 30-foot clearance, and without any paved parking. Another illustration of his disregard for the neighborhood and the City Code is that as soon as he bought this lot being considered, he removed a parking barricade next to the alley and allowed parking on his empty R-1 lot. He was admonished by the CPC to come up with a plan for addressing this parking issue. Since that meeting, the number of improperly parked cars has increased. Clearly, Mr. Rich has illustrated that he will say whatever will make the Council rule in his favor and then he will do as he pleases.

Mr. Rich deliberately created this parking and traffic problem by ignoring several City Codes. This property should not be rezoned until the issue has been resolved, all City Codes have been met, and a solid, unchangeable and enforceable plan is in place to address parking in the rear of this lot and in the alley.

Purcell asked about the fencing that was promised at both the Planning Commission and Council on the previous rezoning. Rich said the City does not require a fence screening on the side of the development; if there is a contract entered into with the owner of the property on the opposite side of the alley then that is considered sufficient screening and that was what they did. Purcell asked if they put up a fence in the alley behind their building and Rich said yes.

Moeller said according to the letter there was a parking problem and Council was asked to table it until corrections were made. She asked if Rich could enlighten them on the parking and if it had been corrected. Rich said absolutely; he developed the property in 1997 and they did not anticipate the popularity or the parking load the structure would require; they tried several times to buy property on either side to extend the parking lot. Rich said there is a parking problem and this is the remedy; we will add an additional up to 25 parking places. He said there is a one-way alley in the back that joins a banking facility and clothing company, and people think the alley goes to Columbia but goes off to Morford Drive.

Mayor Powell asked what else Rich had done to help with the parking problem. Rich said on the proposed development they had scaled down the size of the structure to make up the parking deficit, it was reduced from 3,800 to 2,400 square feet so they could increase the parking and make this thing right.

Shanklin asked if Rich still uses the alley. Rich said he does not own 505 Sheridan any more. Shanklin asked if anyone parks in the alley behind 505 Sheridan and Rich said yes. Shanklin asked if Rich ever received letters from Neighborhood Services telling him to stop parking in the alley. Rich asked if he was referring to him personally and Shanklin asked him if he owns the building now and Rich said no. Shanklin said this request is to rezone next to this building and they are parking on his lot. Rich agreed. Shanklin said the only reason they are in the alley now is because we have let them do it; they have received letters and there were arguments about it in the past because you cannot use the alley as your primary access to a parking lot. Shanklin said he did not have a problem with rezoning it but had a problem with the way they were parking back there and it is up to our staff to see that it is not done and they should be ticketed.

An ordinance changing the zoning classification from the existing classification of R-1 (Single-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.

25. Hold a public hearing and consider an ordinance changing the zoning from C-3 (Planned Community Shopping Center District) to C-5 (General Commercial District) zoning classification located at 1022 NW 38th Street. Exhibits: Ordinance No. 02-20; Map; Site Plan; Application; CPC Minutes; 2025 Land Use and Zoning Maps.

Bigham said the applicant is Place 38 LLC; this is the former Video Triple Theatre, and he pointed out existing landmarks on the view graph map. The purpose of the request is for a wholesale plumbing and electrical company to relocate to this building. The CPC held a public hearing on March 14, staff pointed out one track would be non-conforming because it would be less than ten acres. The CPC by a six to zero vote recommended approval of the rezoning. Bigham said there is a ten acre minimum requirement in a C-3 zoning district, and by rezoning this tract to C-5, the current C-3 tract is non-contiguous making that site non-conforming. Bigham said he had been directed to contact the three owners of the tract and CPC will begin an administrative rezoning to correct the non-conformance.

An ordinance changing the zoning classification from the existing classification of C-3 (Planned Community Shopping Center 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; authorizing changes to be made upon the Official Zoning Map in accordance with this ordinance.

Kim Shahan, Parks & Recreation Director, said the lease requires the Lawton-Fort Sill Art Council to do all maintenance and replacement and they are requesting the City make the improvements and provide funding for the request. Hanna said if it is not approved, the organization may be unable to get a grant for an art exhibition in June.

Discussion was held concerning a proposed funding source for the $752, as well as a high estimate for a door size that would be too small to accommodate a handicapped accessible restroom. Shahan said they would be able to spend up to $752 but we would have to get three bids and the lowest bid would be awarded. Consensus was that the funding be taken from the Council Contingency account.

Jerry Ihler, Public Works Director, explained the project and recommended the unappropriated 1995 CIP as the funding source, with an approximate balance of $94,000. Baker recommended approval noting it may lead to additional grant funding in the future. Moeller said it should be done on its merits.

Baker said Councilmember Moeller brought the issue forward when we were talking about line of duty accidental death insurance for police and fire, and RFP's were requested to provide the same coverage to general employees. Two bids were received and the one being recommended is from the same company that handles the police and fire, and they agreed to add general employees for an additional premium of $6,848 per year, for the remainder of this year it would be not quite $3,433, but if Council wants to afford this benefit to general employees, he would recommend approval and he would find the money.

Baxter said the middle paragraph says "whether or not the employee is on duty" and asked if that same sentence would apply to police and fire. Baker said no, but the other bidder gave a price for either line of duty or non-line of duty and we are not recommending that bidder, we are recommending the same coverage the police and fire have which is line of duty, and that phrase was referring to the other bidder.

LTC Puckett said the coop organizer at Fort Sill has their teams set up to participate in the Trash Off. He explained Fort Sill's access exercise planned for Friday to test the plan for accessing the base under high threat conditions; ramps at Sheridan and Fort Sill Boulevard on Rogers Lane will be closed so the access points will be the gates on Sheridan and Fort Sill. LTC Puckett asked that anyone having business on post on Friday still come on post, there will be a little bit of a wait but the plan has drastically reduced the wait time and they are testing that load level. Apache Gate will be open, primarily for vendors and school buses but it can be used by others also.

Shanklin said the Council voted to ask the Mayor to appoint a clean up Lawton task force, and he has done that and they have had two meetings; these people are very enthused, they want to clean up Lawton, they are going to start working on commercial property and through the Chamber trying to clean up Lawton. He said one of the mission statements is they must have support of the Council and County and State government or they do not want to play so if some of this stuff that we bring, or the staff brings to Council and it is going to be your friend and you play golf with him every now and then or you are afraid you might run into him because he has dilapidated structures or nasty commercial buildings, then maybe you shouldn't be down here, but your oath was that you are going to support these codes and ordinances and if you're going to support them, you can't pick and choose.

Purcell asked that John Vincent explain to the Council and the citizens about the $498,000 that has been placed on the property taxes on February 22. Vincent said we were in a series of litigations following an election on the fire contract about two years ago, one of the results of that litigation was an appeal to the Oklahoma Supreme Court, which they reassigned to the Oklahoma Court of Appeals and that court reversed the District Court Judge and found in favor of the union; Council chose not to appeal that decision further and as a result of that, a judgment was entered against the City in the amount of $498,000. He said the City did not have the ability in the current operating budget to pay that money because this is for prior years' indebtedness, therefore, it was placed on the tax rolls and the sinking fund; the judgment was subsequently sold to a pension fund because of investment purposes and a check was cut to the pension fund for payment of the claim to the firefighters.

32. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the pending lawsuit titled City of Lawton v. International Union of Police Associations (IUPA), Local 24 & Diane Jones, in the District Court of Comanche County, Case No. CJ-2001-1080 and take necessary action, if necessary, in open session. Exhibits: None.

33. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the case styled City of Lawton vs. IUPA, Local 24 & Damion Sean Hart, Case No. 95,122 in the Supreme Court of the State of Oklahoma, and if necessary, take appropriate action in open session. Exhibits: None.

Vincent reported on Item 31 that pursuant to Section 307B4, Title 25, Oklahoma Statutes, the City Council convened in executive session and discussed the pending tort claim of Joseph LeGrand against the City of Lawton. He said staff provided a briefing to Council and would request authorization to continue settlement negotiations in this case.

Vincent reported on Item 32 that pursuant to Section 307B4, Title 25, Oklahoma Statutes, the City Council convened in executive session and discussed the pending lawsuit titled City of Lawton vs. International Police Associations IUPA Local 24 and Diane Jones. He said the City Council received a report from the City Attorney's Office on this litigation and no action is required at this time.

Vincent reported on Item 33 that pursuant to Section 307B4, Title 25, Oklahoma Statutes, the City Council convened in executive session and discussed the case styled City of Lawton vs IUPA Local 24 and Damion Sean Hart, Case #95,122 in the Supreme Court of the State of Oklahoma. He said we did discuss this case, as well as a settlement offer received from the attorneys for the IUPA and Mr. Damion Sean Hart. Vincent requested authorization for the Mayor and City Clerk to sign and execute the settlement agreement and resolution in the amount of $60,000.

A resolution authorizing the City Attorney to enter into a Settlement Agreement for the total sum of Sixty Thousand and No/100 Dollars ($60,000.00), inclusive of costs, fees and pre-judgment interest, as settlement of all the claims in the law suit styled City of Lawton, Oklahoma, a Municipal Corporation, vs. International Union of Police Associations, Local 24, Bargaining Agent, and Damion Sean Hart, Case no. CJ-99-1081, filed in the District Court of Comanche County, and directing the City Attorney to prepare and file a Journal Entry incorporating said Resolution and Settlement Agreement for the Court's approval.

Vincent reported on Item 34 that pursuant to Section 307B2, Title 25, Oklahoma Statutes, the City Council convened in executive session and discussed negotiations for a continued employment agreement for the FY 2002-2003 fiscal year between the International Union of Police Associations, Local 24, and the City of Lawton. No action is required at this time and the item will be placed on the agenda on April 23.