THE CITY OF OKLAHOMA CITY
JOURNAL OF COUNCIL PROCEEDINGS
REGULAR CITY COUNCIL MEETING
JANUARY 22, 2003
(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m.
on January 17, 2003.)
I. Invocation and Pledge of Allegiance.
REVEREND RYAN PFEIFFER
NORTHWEST CHRISTIAN CHURCH
PLEDGE LED BY COUNCILMAN GUY LIEBMANN
II. Call to Order. 8:35 a.m.
MAYOR KIRK HUMPHREYS PRESIDING.
ALL MEMBERS PRESENT.
III. From the Office of the Mayor.
A. Appointment of J. Michael Hensley to the Oklahoma City Planning Commission.
CONFIRMED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
MCATEE, RINEHART, JOHNSON AND LIEBMANN. ABSENT: BROOKS, FOSHEE, AND SIMANK.
B. Appointment of Colin Fonda as City representative to the Board of Trustees
of the Oklahoma City Fire Fighters Health and Welfare Trust.
CONFIRMED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
MCATEE, RINEHART, JOHNSON AND LIEBMANN. ABSENT: BROOKS, FOSHEE, AND SIMANK.
Mayor Humphreys introduced Debra Lutz Stutzman as a new employee to the City
Clerk's Office. Debra is sister to the late Dan Lutz, Sports Animal radio station
personality.
IV. A. Receive Journal of Council Proceedings for January 14, 2003.
RECEIVED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS,
CORNETT, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: BROOKS AND
SIMANK.
B. Approve Journal of Council Proceedings for January 7, 2003.
APPROVED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS,
CORNETT, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: BROOKS AND
SIMANK.
V. Request for Uncontested Continuances.
RECESS COUNCIL MEETING.
CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY. 8:37 a.m.
(Majority of a Quorum required for approval)
1. Joint resolution with the Oklahoma City Environmental Assistance Trust directing
the transfer of an amount not to exceed $532,822 for the actual cost of Solid
Waste ManagementÕs share of the CityÕs new 800 MHz Trunked Radio Communications
System.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: BROOKS AND SIMANK. WATER
AND WASTEWATER UTILITIES DEPARTMENT.
2. Joint resolution with the Oklahoma City Water Utilities Trust directing the
transfer of an amount not to exceed $2,271,504 for the actual cost of the Water
and Wastewater Utilities DepartmentÕs share of the CityÕs new 800 MHz Trunked
Radio Communication System.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: BROOKS AND SIMANK. WATER
AND WASTEWATER UTILITIES DEPARTMENT.
OCMFA 3. Joint resolution waiving subrogation claim for payment of medical
bills paid under the CityÕs Indemnity Healthcare Plan against the proceeds recovered
by Wilbert Adleman, employee, arising out of injuries sustained in an automobile
accident.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: BROOKS AND SIMANK. MUNICIPAL
COUNSELOR'S OFFICE.
4. Joint resolution authorizing the Risk Manager and the TrustÕs legal counsel
to comply with the award in WorkersÕ Compensation Court Claim No. 2002-07638X,
styled: William Scott Ricketts, Claimant vs. The City Of Oklahoma City, Respondent,
an Own Risk Carrier and authorizing the Municipal Counselor to assist said counsel
in the rendition of said Order to Judgment as authorized by 85 O.S. §42,
62 O.S. §§365.1 et seq., and Article 10, Section 28 of the Oklahoma
Constitution in the event the Order is Joint Petitioned or commuted to a lump
sum.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: BROOKS AND SIMANK. FINANCE
DEPARTMENT.
5. Joint resolution authorizing the Risk Manager and the TrustÕs legal counsel
to enter into a Joint Petition Settlement of WorkersÕ Compensation Court Claim
No. 2001-15170J, styled: Robert Dewayne Hartman, Claimant vs. The City Of Oklahoma
City, Respondent, an Own Risk Carrier, and further authorizing the Municipal
Counselor to assist said counsel in the rendition of said Petition to Judgment
as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq., and Article
10, Section 28 of the Oklahoma Constitution.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: BROOKS AND SIMANK. FINANCE
DEPARTMENT.
ADJOURN OCMFA. 8:37 a.m.
CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY. 8:37 a.m.
(Five of nine affirmative votes required for approval.)
1. Resolution approving Claims and Payrolls No. 30.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: BROOKS AND SIMANK.
ADJOURN OCPPA.
CONVENE AS OKLAHOMA CITY ENVIRONMENTAL ASSISTANCE TRUST. 8:37 a.m.
(five of nine affirmative votes required for approval.)
1. Joint resolution with the Oklahoma City Municipal Facilities Authority directing
the transfer of an amount not to exceed $532,822 for the actual cost of Solid
Waste ManagementÕs share of the CityÕs new 800 MHz Trunked Radio Communications
System.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: BROOKS AND SIMANK. WATER
AND WASTEWATER UTILITIES DEPARTMENT.
2. Resolution approving Claims and Payrolls No. 30.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: BROOKS AND SIMANK.
ADJOURN OCEAT.
RECONVENE COUNCIL MEETING.
VI. Consent Docket.
A. Contract award and approval, Safety and Security Services, Inc. (C36130),
security services for Parks and Recreation Department, January 22, 2003 through
June 30, 2003.
AWARDED AND APPROVED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS,
CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PROCUREMENT
SERVICES DIVISION.
VI. B. Contract award and approval, ATC Freightliner (C38128), 3,500-gallon
capacity street flusher truck, $101,361.87.
AWARDED AND APPROVED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS,
CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PROCUREMENT
SERVICES DIVISION.
C. Resolution authorizing contract negotiations with Teris LLC dba MSE Environmental,
(C36133), hazardous household waste collection and disposal, remainder of fiscal
year 2002-03.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PROCUREMENT
SERVICES DIVISION.
D. Resolution authorizing The City of Oklahoma City, for the benefit of the
General Services Department Fleet Services Division, to accept a $44,984 alternative
fueled vehicles grant (10604 SPAIR 99) from the U.S. Department of Energy, and
administered through the Oklahoma Department of Commerce; authorization to execute
the documents and authorizing funds be received and deposited into Grants Management
Fund G888.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PROCUREMENT
SERVICES DIVISION.
E. Ordinance to be introduced and set for final hearing February 11, 2003, (PC-9777)
211 NW 59th Street from R-1 Single Family Residential to I-1 Light Industrial.
Ward 2.
INTRODUCED AND SET FOR FINAL HEARING FEBRUARY 11, 2003. MOVED BY JOHNSON, SECONDED
BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE,
SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
F. Resolution releasing the subdivision bond for Vintage Farms, Section
1, north of SW 134th Street and east of Pennsylvania Avenue. Ward 5.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
VI. G. Resolution releasing the irrevocable letter of credit for Seminole
Pointe, Section 10, south of NW 164th Street and west of Pennsylvania Avenue.
Ward 8.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
H. Ordinances to be introduced and set for final hearing on February 4, 2003:
1. Authorizing the installation of "No Parking Anytime" signs on both
sides of SW 125th Place in the 2800 block and on the east side of Gatewood Avenue
between NW 16th Street and NW 15th Street; and removing "No Parking Anytime"
restrictions on the south side of NW 16th Street between Indiana Avenue and
Blackwelder Avenue (north leg), and the west side of Gatewood Avenue between
NW 16th Street and one half block north of NW 16th Street. Wards 5 and 6.
2. Authorizing the installation of two hour handicap parking signs on the north
side of NW 16th Street beginning 45 feet east of Indiana Avenue and extending
40 feet east, the south side of NW 16th Street beginning approximately 230 feet
east of Indiana Avenue and extending 40 feet east, and the north side of NW
16th Street beginning approximately 45 feet east of Gatewood Avenue and extending
70 feet east. Ward 6.
3. Authorizing the removal of the existing "No Parking, 7:00 a.m. to 9:00
a.m. and 4:00 p.m. to 6:00 p.m., Monday through Saturday" signs on the
north side of NW 16th Street between Blackwelder Avenue and 170 feet west of
Indiana Avenue, and "No Parking, 7:00 a.m. to 9:00 a.m., Monday through
Friday" signs on the west side of Indiana Avenue between NW 16th Street
and one half block south of NW 16th Street. Ward 6.
4. Authorizing the installation of "No Parking Between 8:30 a.m. and 4:00
p.m." signs in front of 924 NW 60th Street. Ward 2.
5. Authorizing the installation of "No Vehicles In Excess of Two
Axles" signs on SE 45th Street from Shields Boulevard to dead-end east
of Durland Avenue; SE 46th Street from Shields Boulevard to dead-end east of
Lindsay Avenue; SE 47th Street from Shields Boulevard to dead-end east of Lindsay
Avenue; SE 48th Street from Shields Boulevard to dead-end east of Lindsay Avenue;
VI. H. 5. SE 49th Street from Stiles Avenue to dead-end east of Lindsay
Avenue; SE 50th Street from Shields Boulevard to dead-end east of Lindsay Avenue;
SE 51st Street from Shields Boulevard to Byers Avenue; SE 51st Street from Durland
Avenue to dead-end east of Lindsay Avenue; SE 52nd Street from Shields Boulevard
to Durland Avenue; SE 53rd Street from Shields Boulevard to Durland Avenue;
SE 54th Street from Shields Boulevard to Durland Avenue; SE 56th Street from
Byers Avenue to dead-end west of Byers Avenue; SE 57th Street from Shields Boulevard
to Byers Avenue; SE 57th Street from Lindsay Avenue to dead-end west of Lindsay
Avenue; SE 58th Street from Shields Boulevard to Byers Avenue; Stiles Avenue
from SE 44th Street to SE 50th Street; Stiles Avenue from SE 51st Street to
SE 55th Street; Stiles Avenue from SE 57th Street to SE 59th Street; Byers Avenue
from SE 44th Street to SE 55th Street; Durland Avenue from SE 44th Street to
SE 51st Street; Lindsay Avenue from SE 46th Street to SE 51st Street; Lindsay
Avenue from SE 55th Street to SE 59th Street; and Phillips Avenue from SE 55th
Street to dead-end south of SE 55th Street. Ward 4.
INTRODUCED AND SET FOR FINAL HEARING FEBRUARY 4, 2003. MOVED BY JOHNSON, SECONDED
BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE,
SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
I. Specifications to be advertised for bids:
1. Project DM-0217, channel cleaning and maintenance, channel east of Meridian
Avenue from the North Canadian River, north and west to the MacArthur Boulevard
I-40 Service Road, west of Meridian Avenue south to the detention pond, NW 10th
Street and Vermont Avenue, and NW 26th Street and Meridian Avenue. Ward 3.
APPROVED AND AUTHORIZED. RECEIPT DATE: FEBRUARY 12, 2003. MOVED BY JOHNSON,
SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART,
FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
VI. I. 2. Project DM-0218, channel cleaning and maintenance, channel
east of Rockwell Avenue from the railroad north of Reno Avenue south to the
North Canadian River, median of Reno Avenue from Vermont Avenue west to the
North Canadian River. Ward 3.
APPROVED AND AUTHORIZED. RECEIPT DATE: FEBRUARY 12, 2003. MOVED BY JOHNSON,
SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART,
FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
J. Ordinance to be introduced and set for final hearing on February 4, 2003,
providing for the issuance of General Obligation Bonds, Series 2003, in the
sum of $25,000,000 by The City of Oklahoma City, Oklahoma, authorized at an
election duly called and held for such purpose; prescribing the form of bonds;
providing for a combined bond issue designated "General Obligation Bonds,
Series 2003"; prescribing redemption provisions; providing for registration
thereof; appointing a paying-agent registrar for the issue; providing for the
levy of an annual tax for payment of principal and interest on the bonds; fixing
other details of the issue; and approving continuing disclosure agreement.
INTRODUCED AND SET FOR FINAL HEARING FEBRUARY 4, 2003. MOVED BY JOHNSON, SECONDED
BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE,
SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
K. Amendment No. 1, Project DC-0186, contract for engineering services, Lightning
Creek Drainage Study and Improvements, Lightning Creek from the North Canadian
River, east of Santa Fe Avenue, southerly to SE 23rd Street, fee increase of
$117,400. Ward 7.
APPROVED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS
DEPARTMENT.
L. Amendment No. 2, Project BC-0088, bridge replacement, North Western Avenue
at Chisholm Creek, south of NW 192nd Street, decrease of $4,008.37. Ward 8.
APPROVED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS
DEPARTMENT.
VI. M. Acceptance of twelve privately constructed sanitary sewer projects,
and placing maintenance bonds into effect as of the final inspection dates.
Wards 1, 4, 5, 7 and 8.
ACCEPTED AND PLACED IN EFFECT. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES:
MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON
AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
N. Release of a sanitary easement, north of Southwest 119th Street and west
of Pennsylvania Avenue. Ward 5.
RELEASED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS
DEPARTMENT.
O. Resolution authorizing the Municipal Counselor to waive service of process
and to confess judgment without admission of liability in the amount of $9,800
and all costs of the action in the Oklahoma County District Court in the claim
filed by Tami Jackson.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S
OFFICE.
P. Joint resolution waiving the Oklahoma City Municipal Facilities Authority
and The City of Oklahoma CityÕs subrogation claim for payment of medical bills
paid under the CityÕs Indemnity Healthcare Plan against the proceeds recovered
by Wilbert Adleman, employee, arising out of injuries sustained in an automobile
accident.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S
OFFICE.
VI. Q. Resolution approving the Memorandum of Understanding with the Community
Action Agency of Oklahoma City and Oklahoma/Canadian Counties, Inc. for the
purpose of providing community support of the Vehicles for Families Program,
as authorized by the Metropolitan Statistical Area Grant Committee, not to exceed
$24,500, retroactive to January 1, 2003 through March 31, 2003.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.
R. Resolution approving contract modification #2 of the Oklahoma County Welfare-to-Work
Competitive Grant for The City of Oklahoma City, Office of Workforce Development,
to extend the contract term to provide services to Oklahoma County, retroactive
to October 1, 2002 through June 30, 2003, and designating the deposit of proceeds.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.
S. 1. Employee Retirement System Administrative Services Agreement for the Money
Purchase Plan and Trust #8751 and #7697, retroactive to July 1, 2002 through
June 30, 2003, $6,785.
2. Employee Retirement System Administrative Services Agreement for the 457
Deferred Compensation Plans, retroactive to July 1, 2002 through June 30, 2003,
$18,982.
APPROVED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.
T. Resolution approving renewal of contract with ACT, Inc., designating the
Office of Workforce Development as a licensed WorkKeys Service Center, retroactive
to August 30, 2002 through August 29, 2003.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.
VI. U. Joint resolution with the Oklahoma City Municipal Facilities Authority
authorizing the Risk Manager and the TrustÕs legal counsel to enter into a Joint
Petition Settlement of WorkersÕ Compensation Court Claim No. 2001-15170J, styled:
Robert Dewayne Hartman, Claimant vs. The City of Oklahoma City, Respondent,
an Own Risk Carrier, and further authorizing the Municipal Counselor to assist
said counsel in the rendition of said Petition to Judgment as authorized by
85 O.S. §42, 62 O.S. §§365.1 et seq., and Article 10, Section
28 of the Oklahoma Constitution.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
V. Joint resolution with the Oklahoma City Municipal Facilities Authority
authorizing the Risk Manager and the TrustÕs legal counsel to comply with the
award in WorkersÕ Compensation Court Claim No. 2002-07638X, styled: William
Scott Ricketts, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk
Carrier, and
authorizing the Municipal Counselor to assist said counsel in the rendition
of said Order to Judgment as authorized by 85 O.S. §42, 62 O.S. §§365.1
et seq., and Article 10, Section 28 of the Oklahoma Constitution in the event
the Order is Joint Petitioned or commuted to a lump sum.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
VII. Concurrence Docket.
VIII. Items Requiring Separate Votes.
A. Ordinances on final hearing (emergency) recommended for approval, (five
of nine affirmative votes required for approval):
1. (ABC-530) ABC-2 Alcoholic Beverage Consumption, restaurant with alcohol overlaying
the I-2 Moderate Industrial District, 4406 West Reno Avenue. Ward 3.
ADOPTED WITHOUT EMERGENCY. ORD. #22,125. MOVED BY MCATEE, SECONDED BY BROOKS.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON
AND LIEBMANN. PLANNING DEPARTMENT.
VIII. A. 2. (ABC-531) ABC-1 Alcoholic Beverage Consumption, restaurant
with limited alcohol overlaying the I-1 Light Industrial District, 3401 SW 29th
Street. Ward 6.
ADOPTED WITHOUT EMERGENCY. ORD. #22,126. MOVED BY SIMANK, SECONDED BY BROOKS.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON
AND LIEBMANN. PLANNING DEPARTMENT.
3. (PC-9748) 2700 South Morgan Road from AA Agricultural and PUD-239 Planned
Unit Development to R-1 Single Family Residential. Ward 3.
Deferred from October 22, November 5, November 19, November 26 and December
10, 2002.
DEFERRED TO FEBRUARY 18, 2003. MOVED BY MCATEE, SECONDED BY BROOKS. AYES: CORNETT,
BROOKS, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. NAYS: MAYOR HUMPHREYS
AND RINEHART. PLANNING DEPARTMENT.
4. (PC-9759) 4127 NW 36th Street from R-1 Single Family Residential to O-2 General
Office. Ward 1.
ADOPTED WITHOUT EMERGENCY. ORD. #22,128. MOVED BY CORNETT, SECONDED BY JOHNSON.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND
LIEBMANN. ABSENT: SIMANK. PLANNING DEPARTMENT.
5. (PC-9761) 4501 SE 59th Street from R-1 Single Family Residential to I-2 Moderate
Industrial. Ward 4.
ADOPTED WITHOUT EMERGENCY. ORD. #22,129. MOVED BY RINEHART, SECONDED BY BROOKS.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON
AND LIEBMANN. PLANNING DEPARTMENT.
6. (PC-9762) 3701 North Classen Boulevard from R-1 Single Family Residential/Classen
Boulevard Overlay to O-2 General Office/Classen Boulevard Overlay. Ward 2.
ADOPTED WITHOUT EMERGENCY. ORD. #22,130. MOVED BY BROOKS, SECONDED BY CORNETT.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, FOSHEE, SIMANK, JOHNSON AND
LIEBMANN. ABSENT: RINEHART. PLANNING DEPARTMENT.
VIII. A. 7. (PC-9763) 220 NW 94th Street from R-1 Single Family Residential
to I-1 Light Industrial. Ward 2.
ADOPTED WITHOUT EMERGENCY. ORD. #22,131. MOVED BY BROOKS, SECONDED BY JOHNSON.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, FOSHEE, SIMANK, JOHNSON AND
LIEBMANN. ABSENT: RINEHART. PLANNING DEPARTMENT.
8. (PC-9764) property located 520 feet east of North Council Road and 340 feet
south of NW 122nd Street from R-1 Single Family Residential to C-3 Community
Commercial. Ward 8.
ADOPTED WITHOUT EMERGENCY. ORD. #22,132. MOVED BY LIEBMANN, SECONDED BY BROOKS.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, FOSHEE, SIMANK, JOHNSON AND
LIEBMANN. ABSENT: RINEHART. PLANNING DEPARTMENT.
9. (PC-9765) 6000 North Robinson Avenue from R-1 Single Family Residential to
O-1 Limited Office. Ward 2.
ADOPTED WITHOUT EMERGENCY. ORD. #22,133. MOVED BY BROOKS, SECONDED BY LIEBMANN.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, FOSHEE, SIMANK, JOHNSON AND
LIEBMANN. ABSENT: RINEHART. PLANNING DEPARTMENT.
10. (PC-9766) 7600 NE 122nd Street from AA Agricultural to R-A Single Family
Rural Residential. Ward 7.
ADOPTED WITHOUT EMERGENCY. ORD. #22,134. MOVED BY JOHNSON, SECONDED BY LIEBMANN.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, FOSHEE, SIMANK, JOHNSON AND
LIEBMANN. ABSENT: RINEHART. PLANNING DEPARTMENT.
VIII. A. 11. (PUD-755) 3000 North Villa Avenue from O-2 General
Office, C-3 Community Commercial, and UD-Urban Design to PUD-755 Planned Unit
Development. Ward 2.
Planning Commission approval subject to the Summary of Technical Evaluation
as amended.
Deferred from December 10, 2002 and January 14, 2003.
ADOPTED WITHOUT EMERGENCY. ORD. #22,135. APPROVAL SUBJECT TO SUMMARY OF TECHNICAL
EVALUATION AS AMENDED. MOVED BY BROOKS, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS,
CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING
DEPARTMENT.
12. (PUD-906) 220 SW 89th Street from O-2 General Office and C-3 Community Commercial
to PUD-906 Planned Unit Development. Ward 5.
Planning Commission approval subject to the Summary of Technical Evaluation.
ADOPTED WITHOUT EMERGENCY. ORD. #22,136. APPROVAL SUBJECT TO SUMMARY OF TECHNICAL
EVALUATION. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
13. (SPUD-307) 12801 South Western Avenue from R-1 Single Family Residential
to SPUD-307 Simplified Planned Unit Development. Ward 5.
Planning Commission approval subject to the Summary of Technical Evaluation.
ADOPTED WITHOUT EMERGENCY. ORD. #22,137. APPROVAL SUBJECT TO SUMMARY OF TECHNICAL
EVALUATION. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
14. (SPUD-309) 3636 NW 63rd Street from R-1 Single Family Residential
to SPUD-309 Simplified Planned Unit Development. Ward 2.
Planning Commission approval subject to the Summary of Technical Evaluation.
ADOPTED WITHOUT EMERGENCY. ORD. #22,138. APPROVAL SUBJECT TO SUMMARY OF TECHNICAL
EVALUATION. MOVED BY BROOKS, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: SIMANK. PLANNING
DEPARTMENT.
VIII. B. Ordinance on final hearing (emergency) recommended for approval
(SN-036) changing the name of Northwich, located in the Greenbriar Kingswood
Section 3 Addition, to Woodridden. Ward 5.
ADOPTED WITHOUT EMERGENCY. ORD. #22,127. MOVED BY FOSHEE, SECONDED BY JOHNSON.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND
LIEBMANN. ABSENT: SIMANK. PLANNING DEPARTMENT.
C. Ordinance on final hearing, relating to Fire Prevention and Protection; amending
Section 20-41 (d) and (e), Article II, Division 2, Chapter 20 of the Oklahoma
City Municipal Code, 1999, by establishing enforcement authority of Fire Investigators
and Fire Inspectors.
ADOPTED. ORD. #22,124. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS,
CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: SIMANK.
FIRE DEPARTMENT.
D. 1. Public hearing re:
a. 213 North Allen Street (house) Ward 6
b. 3901 NW 26th Street (shed) Ward 1
c. 2235 SW 30th Street (house) Ward 6
d. 109 SW 55th Street (house) Ward 4
Deferred from November 19, 2002
2. Resolution declaring the structures are dilapidated; directing said structures
to be torn down, establishing dates of January 23, 2003 and February 22, 2003
for commencement and completion of removal by owners.
ADOPTED: D. 1. NO ACTION TAKEN: D. 2. MOVED BY LIEBMANN, SECONDED BY JOHNSON.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND
LIEBMANN. ABSENT: SIMANK. NEIGHBORHOOD SERVICES DEPARTMENT.
E. 1. Resolution authorizing the Municipal Counselor to confess judgment without
liability in the case of Charlotte M. Giuffre v. The City of Oklahoma City,
United States District Court for the Western District of Oklahoma, Case No.
CIV-01-1706-A, and directing the Municipal Counselor to prepare and file a Journal
Entry incorporating said Resolution.
AND/OR
VIII. E. 2. Enter into executive session with the Municipal Counselor
to discuss a settlement offer as authorized by 25 O.S. (2001) §307(B)(4).
ADOPTED: E. 1. NO ACTION TAKEN: E. 2. MOVED BY FOSHEE, SECONDED BY LIEBMANN.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND
LIEBMANN. ABSENT: SIMANK. MUNICIPAL COUNSELOR'S OFFICE.
F. 1. Resolution authorizing the Municipal Counselor to confess judgment without
admitting liability in Oklahoma County District Court Case No. CJ-2002-6329,
styled: Lisa Shoemaker and Gary Shoemaker, individually, and as parents of their
minor children v. The City of Oklahoma City.
AND/OR
2. Enter into executive session with the Municipal Counselor to discuss the
pending litigation and settlement negotiations as authorized by 25 O.S. (2001)
§ 307(B)(4).
ADOPTED: F. 1. NO ACTION TAKEN: F. 2. MOVED BY LIEBMANN, SECONDED BY JOHNSON.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND
LIEBMANN. ABSENT: SIMANK. MUNICIPAL COUNSELOR'S OFFICE.
G. 1. Resolution authorizing the Municipal Counselor to confess judgment without
admitting liability in the case of Margaret Carroll v. The City of Oklahoma
City, et al., District Court of Oklahoma County, Case No. CJ-2002-1004-62.
AND/OR
2. Enter into executive session with the Municipal Counselor to discuss settlement
in said case as authorized by 25 O.S. (2001) §307(B)(4).
ADOPTED: G. 1. NO ACTION TAKEN: G. 2. MOVED BY FOSHEE, SECONDED BY BROOKS. AYES:
MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN.
ABSENT: SIMANK. MUNICIPAL COUNSELOR'S OFFICE.
H. 1. Resolution authorizing the Municipal Counselor to settle the case
of The City of Oklahoma City and Oklahoma City Water Utilities Trust v. Olshan
Foundation Repair Company, Inc. v. Ray Newman, CJ-2001-1884.
AND/OR
VIII. H. 2. Enter into executive session with the Municipal Counselor
to discuss settlement in said case as authorized by 25 O.S. (2001) §307(B)(4).
ADOPTED: H. 1. NO ACTION TAKEN: H. 2. MOVED BY FOSHEE, SECONDED BY RINEHART.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND
LIEBMANN. ABSENT: SIMANK. MUNICIPAL COUNSELOR'S OFFICE.
I. 1. Claims recommended for denial:
a. Katheryn E. Barnes $269.99
b. Joanna R. Gordy $60.00
c. Ora B. Redic $755.35
Deferred from January 7, 2003
d. The Hartford Unknown Amount
AND/OR
2. Enter into executive session with the Municipal Counselor to discuss the
above claims as authorized by 25 O.S. (2001)§307(B)(4).
DENIED AS RECOMMENDED: I. 1. a-d. NO ACTION TAKEN: I. 2. MOVED BY JOHNSON, SECONDED
BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE,
JOHNSON AND LIEBMANN. ABSENT: SIMANK. MUNICIPAL COUNSELOR'S OFFICE.
IX. A. 1. Claim for Approval.
a. Charles and Edith Clemons $250
AND/OR
2. Enter into executive session with the Municipal Counselor to discuss the
above claim as authorized by 25 O.S. (2001)§307(B)(4).
APPROVED: A. 1. a. NO ACTION TAKEN: A. 2. MOVED BY FOSHEE, SECONDED BY BROOKS.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND
LIEBMANN. ABSENT: SIMANK. MUNICIPAL COUNSELOR'S OFFICE.
X. Items from Council.
A. Resolution expressing support for the Application of OKC II Housing Associates
Limited Partnership ("OKC West II Associates") to the Oklahoma Housing
Finance Agency ("OHFA") for Affordable Housing Tax Credits for the
development of a mixed income multi-family apartment community to be located
at SW 15th Street and Mustang Road. Ward 3.
Councilman McAtee.
ADOPTED. MOVED BY MCATEE, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: SIMANK.
B. Resolution selecting and designating a presiding judge of the Oklahoma City
Municipal Court pursuant to the provisions of Section 33-25, Article II, Chapter
33 of the Oklahoma City Municipal Code, 1999; establishing annual salary and
benefits; and providing an effective date.
(Two-thirds affirmative vote required to set salary)
Judiciary Committee
ADOPTED. WILLIAM J. MANGER SELECTED AS PRESIDING JUDGE. MOVED BY FOSHEE, SECONDED
BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE,
JOHNSON AND LIEBMANN. ABSENT: SIMANK.
Mr. Foshee talked about his vote for the continuance of Item VIII. A. 3. and
commented he very seldom does not grant a continuance when another council member
asks for one. He asked Council to review the minimum standards for building
homes. Mr. Foshee asked Legal to help with the review and to find out how Oklahoma
City's standards compare to other cities.
Mr. Foshee said retired police officer, Don King, passed away over the weekend.
He offered condolences to the King family and said Don King would be sorely
missed.
Mr. Foshee asked for an update on the intersection-widening project on SW 89th
Street and Western Avenue. Paul Brum, Public Works Director, said the weather
was a factor this week. The biggest delay comes from waiting for the telephone
company to relocate two cables. He stated as soon as the weather breaks, the
work should continue.
Ms. Johnson recognized Allen Alexander, a 3 year old who watches the City Council
meetings each week. Allen wants to be mayor of this city when he grows up. She
commented she would campaign for him.
X.
Ms. Johnson recognized the Municipal Counselor for showing his loyalty to
the City. Mr. Burkett turned down any pay raises for himself to help during
these lean times. She stated that when cuts have to be made to stay in budget,
the lower-salaried employees always seem to be the ones to bear the brunt. She
challenged the City's higher-salaried employees to follow the example set by
Mr. Burkett.
Mr. Liebmann said he attended two homeowners meetings recently: one at Blue
Quail and one at Surrey Hills.
Mr. Liebmann expressed agreement with President Bush's plan. He thought if dividends
were not taxed, the money would stay in the citizens' pockets to be spent however
they chose. The City would benefit by getting the sales tax from the spending.
Mr. Liebmann felt the National League of Cities has taken the wrong position
on the President's proposed plan. He thought the Mayor and the Council should
write the National League of Cities to express opposition to their position.
Mayor Humphreys stated a resolution would be needed to send something in writing.
He said he thought one of Governor Henry's platform planks about not taxing
retirees was related to this issue. The Mayor said some Oklahoma citizens with
wealth leave the state after retiring because of the tax structure. He thought
Oklahoma was missing an opportunity when wealthy citizens leave town and take
their sales taxes to another state.
Mr. Liebmann cited Las Vegas as the fastest growing city in the country with
20,000 people a month moving there. A lot of retired people are relocating to
Las Vegas because there is no sales tax on food, no income tax and no inheritance
tax.
Mr. Liebmann mentioned a visit to Las Vegas about one year ago when he ate dinner
at a Mimi's restaurant and it was great. Upon returning home, he wrote a letter
to Mimi's headquarters and suggested they open a restaurant in Oklahoma City.
He announced that Mimi's is going to build their first restaurant in the Memorial
Road and May Avenue area.
Mr. Liebmann said he did not necessarily think the quality of the small homes
discussed earlier this morning was poor. However, he wanted to be clear about
opposing the "step down" which occurs when smaller, less expensive
homes are built right next to the more expensive, $200,000-$300,000 homes. He
said it was time for the Council to take a stand on this issue.
X.
Mr. Cornett stated he was looking forward to the State of The City Address.
He also welcomed the Central Hockey League All Stars to town this week.
Mr. McAtee praised Jim Couch, City Manager, for publicizing opportunities for
citizens to benefit from the Earned Income Tax Credit. Mr. Couch's memo last
week was very appropriate and so are his plans to put a notice about it in the
water bills. He encouraged everyone to file a federal income tax return even
if they don't owe taxes because they may be entitled to an Earned Income Tax
Credit. Citizens spending these tax credits will help our local economy.
Mr. McAtee expressed appreciation to Wendel Whisenhunt, Parks and Recreation
Director, for coming in early to work on a parks project being considered for
far southwestern Oklahoma City.
Mr. McAtee referred to a letter that was sent to Paul Stirman, Vice President
of the Musgrave-Pennington Neighborhood Association, from Amy Spring, Oklahoma
City Beautiful. The neighborhood, along with the Newport Project Services, was
selected to receive the Neighborhood Corporate Citizen Partnership Award. The
award recognizes the positive impact of neighborhood associations and local
businesses working together to develop and implement a beautification plan.
Mr. Rinehart asked the Mayor how involved the City Council could get with federal,
state and school board issues.
Mayor Humphreys stated it is appropriate when the resolutions deal with issues
of concern to the City Council. The National League of Cities is seeking to
speak for cities and it is appropriate to get involved if we disagree on certain
issues. When sister agencies, like the School Board, are involved there is a
need to be sensitive to any overlapping jurisdictions. He said The City of Oklahoma
City is part of the National League of Cities but is not part of the School
Board.
Ms. Brooks asked if it was appropriate to take issues to the Legislative Committee
first.
Mayor Humphreys said any legislative issues at the state or federal level should
be directed to the Legislative Committee.
Mr. Liebmann asked that Mr. Couch proceed with a resolution to the National
League of Cities.
X.
Mayor Humphreys also recommended using the City Manager's staff as a sounding
board on issues and for advice on ways to proceed in areas of concern.
Ms. Johnson reminded the Council that Oklahoma City has two people on the Board
at the National League of Cities and Mr. McAtee, also, is on a committee. She
said using inside connections to help with any issues is another resource to
consider.
Mr. Liebmann reminded everyone about the Oklahoma City Water Utilities Trust
meeting scheduled for 2:00 p.m. today.
XI. Citizens to be Heard.
XII. City Manager Reports.
1. January 2003 Sales and Use Tax Collections Report
2. Status Report - Bass Pro Shops Construction Project Presentation
Paul Brum, Public Works Director, presented an update on the Bass Pro Shops
project.
3. Curfew Violations Report
XIII. Adjournment. 8:xx a.m.
_____________________________
Kirk Humphreys
Mayor
ATTEST:
_____________________________
Frances Kersey
City Clerk
_____________________________
James D. Couch
City Manager