THE City Of Oklahoma City

THE CITY OF OKLAHOMA CITY
JOURNAL OF COUNCIL PROCEEDINGS
REGULAR CITY COUNCIL MEETING
MARCH 11, 2003

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on March 7, 2003.)

I. Invocation and Pledge of Allegiance.

REVEREND TERRY BATES
FAITH TABERNACLE

PLEDGE LED BY COUNCILWOMAN SIMANK

II. Call to Order. 8:35 a.m.

MAYOR HUMPHREYS PRESIDING.

COUNCILWOMAN JOHNSON ABSENT.

III. From the Office of the Mayor.

PROCLAIMED: March 16, 2003, as "Joe Burton Day". Received by Joe, Julie, Joey and Luke Burton and given a Key to The City by Mayor Kirk Humphreys.

Mayor Humphreys recognized Doug Sauter, Coach of the Oklahoma City Blazers hockey team.

Mayor Humphreys recognized Reverend Bill Minson from Los Angeles who served in New York City during the September 11, 2001 tragedy.

Mayor Humphreys recognized Ken Thompson who lost his mother in the Murrah Building bombing.

IV. A. Receive Journal of Council Proceedings for March 11, 2003.

RECEIVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN.

IV. B. Approve Journal of Council Proceedings for March 4, 2003.

APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN.

V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY. 8:51 a.m.
(Majority of a Quorum required for approval)

1. Resolution authorizing the Risk Manager and the Trust's legal counsel to enter into a Joint Petition Settlement of Workers' Compensation Court Claim No. 2000-13800F, styled: Lorene G. Ramirez, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. FINANCE DEPARTMENT.

2. Joint resolution amending the administrative agreement with Fringe Benefits Management Company, to provide administrative services for a flexible benefits program for The City of Oklahoma City, under Section 125 of the Internal Revenue Code, for beneficiaries of the Oklahoma City Fire Fighters Flexible Benefits Plan, subject to annual fiscal appropriation, retroactive to January 1, 2003.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PERSONNEL DEPARTMENT.

OCMFA. 3. Joint resolution approving a Business Associate Agreement with Fringe Benefits Management Company to comply with privacy requirements of the Health Insurance Portability and Accountability Act of 1996.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PERSONNEL DEPARTMENT.

4. Joint Request for Proposal to be advertised for an organization to provide prescription drug benefit management program services for The City of Oklahoma City's Self-Funded Group Health Plan, effective January 1, 2004.

APPROVED AND AUTHORIZED. BID RECEIPT DATE: MAY 13, 2003. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PERSONNEL DEPARTMENT.

ADJOURN OCMFA. 8:51 a.m.

RECONVENE COUNCIL MEETING.

VI. Consent Docket.

A. Contract award and approval, Midwestern Equipment Company (C38130), tandem vibrator steel roller compactor and compatible trailer, $27,370.

AWARDED AND APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PROCUREMENT SERVICES DIVISION.

B. Rejection of bids:
1. (B3601) armored car services, remainder of fiscal year 2002-03.
2. (BID-3819) purchase of one heavy tanker.

REJECTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PROCUREMENT SERVICES DIVISION.

VI. C. Resolution declaring certain miscellaneous equipment (C-35040) as surplus to the needs of The City of Oklahoma City and authorizing its sale by public auction, March 22, 2003.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PROCUREMENT SERVICES DIVISION.

D. Ordinance to be introduced and set for final hearing April 1, 2003, (PC-9790) 6100 North Classen Boulevard from R-1 Single Family Residential to I-1 Light Industrial. Ward 2.

INTRODUCED AND SET FOR FINAL HEARING APRIL 1, 2003. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PLANNING DEPARTMENT.

E. 1. Ordinance to be introduced and set for final hearing April 15, 2003, (CE-608) closing all of Hester Avenue between Blocks 12 and 13; the east half of Neil Avenue adjacent to the west line of Block 12 and extending north to the center of Hester Avenue; and all of Neil Avenue extending north from the center of Hester Avenue to a point 49 feet north of the north line of Blocks 4 and 13, west of Kelly Avenue and north of Britton Road. Ward 7.
2. Resolution establishing a date for enactment of said ordinance and determining those entitled to notice.

INTRODUCED AND SET FOR FINAL HEARING APRIL 15, 2003: E. 1. ADOPTED: E. 2. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PLANNING DEPARTMENT.

F. Resolution accepting the subdivision bond and dedications contained in the final plat of Westbrooke Estates, Section 7, north of SW 29th Street and west of County Line Road. Ward 3.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PLANNING DEPARTMENT.

VI. G. Final plans and specifications to be advertised for bids:
1. Project DC-0138A, drainage improvements for Cloverleaf Creek, NW 56th Street and Pennsylvania Avenue, west to Belleview Drive. Ward 2.
2. Project MC-0193, construction of twelve new 800 MHz Trunked Radio System Sites, (12 locations). Wards 1, 2, 3, 4, 6 and 7.
3. Project TC-0279, traffic signal improvement, North Villa Avenue at NW 12th, NW 16th and NW 23rd Streets. Wards 2 and 6.
4. Project TC-0313 and Project PC-0164, traffic signal improvement, NW 10th Street and North Indiana Avenue. Ward 6.

APPROVED AND AUTHORIZED. BID RECEIPT DATE G. 1, 3, and 4: APRIL 1, 2003. BID RECEIPT DATE G. 2: APRIL 8, 2003. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

H. Final specifications to be advertised for bids, Project PM-0156, street repairs, citywide. Wards 1, 2, 3, 4, 5, 6, 7 and 8.

APPROVED AND AUTHORIZED. BID RECEIPT DATE: APRIL 1, 2003. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

I. Contract award to Johnson Building Company, Project DM-0217, channel cleaning and maintenance, (four locations), $47,800; and approving contract and bonds. Ward 3.

AWARDED AND APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

¢ J. Change Order No. 2, Project MB-0633, Drug Evidence Storage Room, Police Headquarters Building, 701 Colcord Drive; increase of $353.90. Ward 6.

APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

VI. K. Change Order No. 3, Project MB-0572, new Central Maintenance Facility, Phase II, west of Portland Avenue, south of SW 15th Street, increase of $22,828.97. Ward 3.

APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

L. Amendment No. 1 to contract for engineering services, Project PR 3-01/02, street resurfacing, (24 locations), fee increase of $6,000. Ward 2.

APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

M. Resolution extending time to award contract; ratifying and approving Addenda Nos. 1, 2, and 3, and awarding contract to Shell Construction Company, Inc., Project MP-0232, Lake Hefner Trails Improvements, $1,113,805; assigning Engineering Services and Testing, Inc., as testing laboratory; and approving contract and bonds. Wards 1 and 8.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

N. Resolution approving additional charges for construction of four monitoring wells, Project MP-0253, Route 66 Park, west of Overholser Drive and north of NW 23rd Street, increase of $2,160. Ward 1.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

O. Resolution declaring the necessity for acquiring and owning permanent and temporary easements, Project SC-0609, Phase II, sanitary sewer and utilities, NW 35th Street and Venice Boulevard to NW 40th Street and Pennsylvania Avenue. Ward 2.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

VI. P. Agreement and Amendment No. 3 to Amended and Restated Lease Agreement of February 3, 1987, with the Amateur Softball Association of America, leasing the previous rail right-of-way located north of NW 50th Street and adjacent to the Amateur Softball Association leased property. Ward 7.

APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.

Q. Resolution authorizing the Amateur Softball Association of America to permit concert presentations at the Softball Hall of Fame Stadium, in conjunction with the opening ceremonies of the Women's College World Series, May 21, 2003.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.

R. Oil and Gas Division Order with the Oklahoma City Water Utilities Trust and Black Hills Energy Resources, Inc. for Bollinger #1 Oil and Gas Well, west of Lake Overholser, Canadian County. Ward 1.

APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.

S. Release of existing easement and acceptance of new fireline easements, Project WF-2239, north of NE 10th Street and west of Kelley Avenue. Ward 7.

RELEASED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.

T. Partial release of fireline easement, Project WF-2259, south of NE 10th Street and east of Santa Fe Avenue. Ward 7.

RELEASED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.

VI. U. Acceptance of:
1. Ten permanent easements for water and fire lines. Wards 1, 3, 4, 7 and 8.
2. Nine permanent easements for water and fire lines. Wards 1, 2, 3, 4, 7 and 8.
3. Ten permanent easements for water and fire lines. Wards 1, 3, 4, 7 and 8.

ACCEPTED: U. 1-3. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.

V. Acceptance of:
1. Ten privately constructed water main extensions and fire hydrant installations, and placing maintenance bonds into effect as of the final inspection dates. Wards 1, 3, 4, 5 and 8.
2. Nine privately constructed water main extensions and fire hydrant installations, and placing maintenance bonds into effect as of final inspection dates. Wards 1, 3, 4, 5, 6, 7 and 8.
3. Ten privately constructed water main extensions and fire hydrant installations, and placing maintenance bonds into effect as of the final inspection dates. Wards 1, 3, 4, 7 and 8.
4. Ten privately constructed water main extensions and fire hydrant installations, and placing maintenance bonds into effect as of the final inspection dates. Wards 1, 3, 5, 7, 8 and Warr Acres.

ACCEPTED AND PLACED IN EFFECT: V. 1-4. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.

W. Oklahoma City Airport Trust Agreement - Supplemental Lease Agreement No. 1, Brian Brewer and Mike Wolf, lease of site for the use of lessee's individual aircraft hangar for storage of lessee's privately owned aircraft, to release Mike Wolf as lessee under the Original Agreement, Block 4, Lot 7, Clarence E. Page Airport. Ward 3.

APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. DEPARTMENT OF AIRPORTS.

VI. X. Acceptance of the Fiscal Year 2002-2003 Second Quarterly Report on Investment Portfolio Status, as of December 31, 2002.

ACCEPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. FINANCE DEPARTMENT.

Y. Resolution setting a public hearing date of March 18, 2003, for a proposed amendment to the Fiscal Year 2002-2003 budget for the Fire-Fighting and Fire-Rescue Services, Facilities or Equipment Tax Fund; the General Fund; the Solid Waste Management Cash Fund; the Oklahoma City Improvement and Special Services Assessment Districts Fund; renaming the Expendable Trust Fund to the Special Purpose Fund; amending the Special Purpose Fund; and amending revenue and expenditure budgets for applicable City departments, and directing filing.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. FINANCE DEPARTMENT.

Z. Joint Request for Proposal with the Oklahoma City Municipal Facilities Authority to be advertised for an organization to provide prescription drug benefit management program services for The City of Oklahoma City's Self-Funded Group Health Plan, effective January 1, 2004.

APPROVED AND AUTHORIZED. BID RECEIPT DATE: MAY 13, 2003. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PERSONNEL DEPARTMENT.

AA. Joint resolution with the Oklahoma City Municipal Facilities Authority entering into a Business Associate Agreement with Fringe Benefits Management Company, to comply with privacy requirements of the Health Insurance Portability and Accountability Act of 1996.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PERSONNEL DEPARTMENT.

VI. BB. Joint resolution amending the administrative agreement with Fringe Benefits Management Company, to provide administrative services for a flexible benefits program for The City of Oklahoma City, under Section 125 of the Internal Revenue Code, for beneficiaries of the Oklahoma City Fire Fighters Flexible Benefits Plan, subject to annual fiscal appropriation, retroactive to January 1, 2003.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PERSONNEL DEPARTMENT.

CC. Resolution reconvening the Oklahoma Health Center Economic Development Review Committee to consider an Amendment to the Oklahoma Health Center Economic Development Project Plan.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

DD. Resolution approving the extension of a contract with the Oklahoma Department of Human Services, in support of the "Vehicles for Families" program, effective April 17, 2003 through June 30, 2003. Ward 6.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PERSONNEL DEPARTMENT.

EE. Resolution approving a Memorandum of Understanding with DeMarge College for the purpose of providing classroom instruction to Adults and Dislocated Workers, not to exceed $2,000, retroactive to February 18, 2003 through June 30, 2003. Ward 6.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PERSONNEL DEPARTMENT.

VII. Concurrence Docket.

A. Concurrence with the Oklahoma City Water Utilities Trust in approving plans and specifications to be advertised for bids, Project SM-0113, Phase I, line maintenance facility building roof, 621 North Pennsylvania Avenue. Ward 6.

CONCURRED. BID RECEIPT DATE: MARCH 25, 2003. MOVED BY LIEBMANN, SECONDED BY MCATEE. AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: BROOKS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

B. Concurrence with the Oklahoma City Water Utilities Trust in approving:
1. Amendment No. 1, Project SB-0004, sanitary sewer main extension, north of NW 164th Street from _ mile west of May Avenue to _ mile west of Portland Avenue, increase of $5,440.55; accepting the project and placing maintenance bond into effect. Ward 8.
2. Amendment No. 1, Project WC-0395, 6-inch water main replacement, Andover Court from Greystone Avenue to Waverly Avenue, decrease of $3,923; accepting the project and placing maintenance bond into effect. The Village.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY MCATEE. AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: BROOKS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

C. Concurrence with the Oklahoma City Water Utilities Trust in receiving Consultant Review Committee Report, Project WC-0425, water main replacement, SW 59th Street to Madole Boulevard, from Independence Avenue to Drexel Avenue, and Project WC-0432, Hickory Stick Road to Lamp Post Lane, between Lamp Post Lane to Blue Sage Road; and authorization to negotiate a contract. Wards 5 and 8.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY MCATEE. AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: BROOKS. PUBLIC WORKS DEPARTMENT.

VII. D. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 2, Project SC-0609, Phase I, Deep Fork sanitary sewer interceptor rehabilitation, NW 31st Street and Nesbitt Avenue to NW 35th Street and May Avenue, increase of $5,895; accepting the project and placing maintenance bond into effect. Wards 1 and 2.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY MCATEE. AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: BROOKS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

E. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1 and Change Order No. 1, Project WR-0038, water main extension, Sooner Road from SE 164th Street to SE 149th Street (Turtle Lake Addition), increase of $4,474.23. Ward 4.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY MCATEE. AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: BROOKS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

F. Concurrence with the Oklahoma City Water Utilities Trust in receiving preliminary engineering report, Project WC-0418, improvements and expansion of Lake Draper Water Treatment Plant, 13700 South Douglas Boulevard. Ward 4.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY MCATEE. AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: BROOKS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

G. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in ratifying and approving Addenda Nos. 1 and 2, awarding contract to Roberts Bus Center, Project ES-0016, purchase of 62 Type "C" passenger school buses, $3,555,829; and approving performance bond.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY MCATEE. AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: BROOKS. MAPS PROJECT OFFICE.

VII. H. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in recommending approval of contract for architectural services with Allen Brown Architects to the Oklahoma City Independent School District 89, Project EB-0005, New Grant High School, 5016 South Pennsylvania Avenue, fee of $1,653,800. Ward 4.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY MCATEE. AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: BROOKS. PUBLIC WORKS DEPARTMENT.

I. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in receiving Consultant Review Committee Reports, Project EB-0006, roof replacement and selective masonry restoration, Willard Alternative Center, 1400 NW 3rd Street; and recommending the Oklahoma City Public Schools Board of Education authorize the Oklahoma City Metropolitan Area Public Schools Trust to negotiate a contract for architectural services. Ward 6.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY MCATEE. AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: BROOKS. MAPS PROJECT OFFICE.

J. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in receiving Consultant Review Committee Reports:
1. Project ES-0001, new Martin Luther King Elementary School (formerly Longfellow Elementary School), 1201 NE 48th Street; and authorization to negotiate a contract for architectural services. Ward 7.
2. Project ES-0002, renovation and additions to Wheeler Elementary School, 501 SE 25th Street; and authorization to negotiate a contract for architectural services. Ward 7.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY MCATEE. AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: BROOKS. MAPS PROJECT OFFICE.

VII. K. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving the amended application of funding, Crooked Oak Public School District, plumbing repairs at the high school, middle school and elementary school gym, $1,584.88.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY MCATEE. AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: BROOKS. MAPS PROJECT OFFICE.

VIII. Items Requiring Separate Votes.

A. Ordinances on final hearing (emergency) recommended for approval (five of nine affirmative votes required for approval):

1. (ABC-533) 307 NE 2nd Street, ABC-2 Alcoholic Beverage Consumption, Restaurant with Alcohol overlaying the PUD-728 Planned Unit Development and C-4 General Business. Ward 7.
Deferred from February 25, 2003.

DEFERRED TO MARCH 18, 2003. PLANNING DEPARTMENT.

2. (PUD-907) 13301 North Rockwell Avenue from PUD-198 Planned Unit Development to PUD-907 Planned Unit Development. Ward 8.
Planning Commission approval subject to the Summary of Technical Evaluation.
Deferred from February 25, 2003.

ADOPTED WITHOUT EMERGENCY. ORD. #22,177. APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PLANNING DEPARTMENT.

VIII. B. Ordinance on final hearing, relating to Personnel and Retirement Systems; amending Chapter 40, Article III, Division 5, Section 201(7) to change the definition of employee, to exclude non-participating employee groups from receiving healthcare and insurance benefits after retirement; and Section 202(2)(b) by limiting the recognition of the Oklahoma Firefighters Pension and Retirement System as a group that is eligible to receive a continuing benefit to those who terminate employment prior to January 1, 2003.

ADOPTED. ORD. #22,175. MOVED BY BROOKS, SECONDED BY CORNETT. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PERSONNEL DEPARTMENT.

C. 1. Amendments to "Preservation Guidelines and Standards for Oklahoma City Historic Districts".

APPROVED. MOVED BY BROOKS, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PLANNING DEPARTMENT.

2. Resolution adopting "Preservation Guidelines and Standards for Oklahoma City Historic Districts".

ADOPTED. MOVED BY SIMANK, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PLANNING DEPARTMENT.

VIII. C. 3. Ordinance on final hearing, relating to "zoning"; amending Section 4200 of Article IV of Chapter 59 of the Oklahoma City Municipal Code, 2002, relating to historical preservation; amending Section 4200.1 by changing the name to Historic Preservation; amending Section 4200.2 by amending definitions; amending Section 4200.3 relating to the membership and terms of the commission; amending Section 4200.4 relating to the HL Historic Landmark Zoning District; amending Section 4200.5 by amending the height regulations and the area and setback regulations to conform to the criteria in the preservation guidelines; amending Section 4200.6 to clarify designation process and to provide for a Stay Of Permits pending the designation process; amending Section 4200.7 by exempting certain items of work from a Certificate Of Appropriateness; requiring certain documentation; setting time limits for commission review; setting forth certain actions exercisable by the commission; providing for revocation procedures for a Certificate Of Appropriateness; providing for extended time limits for Certificates Of Appropriateness; adding the preservation guidelines as a review criteria; amending items relating to administrative approvals; adding requirements for Certificate Of Appropriateness for work already completed; providing for approval in certain unique circumstances; amending Section 4200.8 by authorizing the appointment of historic review committees; adding an appeal procedure for administrative items; amending the appeal procedure; and amending the provisions relating to demolition by adding standards for demolition and creation of an economic review board.

MOTION TO AMEND TO PROVIDE FOR EMERGENCY (REQUIRES SEVEN AFFIRMATIVE VOTES): FAILED. MOVED BY BROOKS, SECONDED BY SIMANK. AYES: BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. NAYS: MAYOR HUMPHREYS AND CORNETT. ADOPTED WITHOUT EMERGENCY. ORD. #22,176. MOVED BY BROOKS, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PLANNING DEPARTMENT.

VIII. D. 1. Public hearing re:
a. 3308 South Durland Avenue (garage) Ward 7
b. 2419 NW 3rd Street (house, shed) Ward 6
c. 8200 NW 13th Street (house, west shed, east shed) Ward 1
d. 1901 NW 20th Street (house, shed) Ward 6
e. 2426 NW 20th Street (carport) Ward 6
f. 718 SE 28th Street (camper shell) Ward 7
g. 1508 NW 41st Street (garage with attached shed) Ward 2
h. 2700 SW 41st Street (house) Ward 6
i. 718 NW 95th Street (house) Ward 2
j. 3821 South Harvey Avenue (house) Ward 6
Deferred from September 17, 2002, October 15, 2002, November 13, 2002, December 10, 2002, and February 11, 2003.
k. 6500 NW 11th Street aka 6504 NW 11th Street (apartment building) Ward 3
Deferred from December 11, 2001, February 12, 2002, June 11, 2002, December 10, 2002, and February 11, 2003.
l. 6500 NW 11th Street aka 6509 NW 11th Street (apartment building) Ward 3
Deferred from December 11, 2001, February 12, 2002, June 11, 2002, December 10, 2002, and February 11, 2003.
m. 6500 NW 11th Street aka 6526 NW 11th Street (apartment building) Ward 3
Deferred from December 11, 2001, February 12, 2002, June 11, 2002, December 10, 2002, and February 11, 2003.
2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of March 12, 2003 and April 11, 2003 for commencement and completion of removal by owners.

ADOPTED: D. 1. a-h, j. STRICKEN: D. 1. i, k-m. MOVED BY BROOKS, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.

E. 1. Public hearing re:
a. 1500 East Park Place (house, garage) Ward 7
b. 701 East Wilshire Boulevard aka 612-616 Gold Medal Drive (apartment building) Ward 7
c. 701 East Wilshire Boulevard aka 628 Gold Medal Drive (apartment building) Ward 7

VIII. E. 1. d. 701 East Wilshire Boulevard aka 600-604 Musgrave Boulevard (apartment building) Ward 7
e. 701 East Wilshire Boulevard aka 608-612 Musgrave Boulevard (apartment building) Ward 7
f. 701 East Wilshire Boulevard aka 616 Musgrave Boulevard (apartment building) Ward 7
g. 701 East Wilshire Boulevard aka 601-605 East Wilshire Boulevard (apartment building) Ward 7
h. 701 East Wilshire Boulevard aka 609-613 East Wilshire Boulevard (apartment building) Ward 7
i. 701 East Wilshire Boulevard aka 620-624 East Wilshire Boulevard (apartment building) Ward 7
j. 2321 NW 12th Street aka 2323 NW 12th Street (apartment building, garage) Ward 6
k. 2325 NW 12th Street aka 2327 NW 12th Street (apartment building, garage) Ward 6
l. 1730 NE 16th Street (house, garage) Ward 7
m. 1241 SW 19th Street (house, shed) Ward 6
n. 3433 NW 27th Street (house, shed) Ward 2
o. 814 NW 94th Street (house) Ward 2
2. Resolution declaring the structures are unsecured.

ADOPTED: E. 1. a, k, m, n. STRICKEN: E. 1. b-j, l, o. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.

$ F. Ratify and approve Addendum No. 1, and award contract to Wattie Wolf Company, MAPS Project MC-0199, Ventmaster Equipment Package for the MAPS Downtown Arena (Ford Center), 100 West Reno Avenue, $139,702; and approving contract and bonds. Ward 7.

RATIFIED, AWARDED AND APPROVED. MOVED BY BROOKS, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

VIII. G. Appeal of the denial by the Historic Preservation and Landmark Commission of an application for a Certificate of Appropriateness, Shepherd Historic Preservation District, 2108 NW 25th Street. Ward 2.

MOTION TO UPHOLD APPEAL: FAILED. MOVED BY LIEBMANN, SECONDED BY RINEHART. AYES: MAYOR HUMPHREYS, RINEHART, FOSHEE, AND LIEBMANN. NAYS: CORNETT, BROOKS, MCATEE, AND SIMANK. PLANNING DEPARTMENT.

H. 1. Resolution authorizing Richard C. Smith to represent Chief M.T. Berry in the United States District Court for the Western District of Oklahoma, Case Number CIV-03-245-R, styled: DeAnna West and Kevin West v. The City of Oklahoma City, et al.
AND/OR
2. Enter into executive session with the Municipal Counselor to discuss 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 LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

I. Enter into executive session with the Municipal Counselor, to discuss the United States Court of Appeals for the 10th Circuit Case No. 03-6045 District Court No. CIV-02-905-M, styled: Benchmark Architectural Systems, Inc. vs. The Engineered Metals Company, Inc.; Buckner and Moore, Inc.; and The City of Oklahoma City, as authorized by 25 O.S. (2001) §307(B)(4).

ENTERED INTO EXECUTIVE SESSION. MOVED BY BROOKS, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

VIII. J. Enter into executive session to discuss collective bargaining negotiations for fiscal year 2003-04 with Fraternal Order of Police, Lodge 123; International Association of Firefighters, Local 157; and American Federation of State, County, and Municipal Employees, Local 2406, as authorized by 25 O.S. (2001) §307(B)(2).

ENTERED INTO EXECUTIVE SESSION. MOVED BY BROOKS, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

K. 1. Claims recommended for denial:
a. Lula Broussard $313.95
Deferred from February 18 and March 4, 2003
b. Annette Clifton $79.95
c. Timothy C. Hearn $1,652.82
Deferred from February 18, and March 4, 2003
d. Minnie Jones $2,793.72
Deferred from February 18 and March 4, 2003
e. Hala Khoury $175,000
f. George Khoury $175,000
g. Jonathan Khoury $175,000
h. Parvin Nael $227.52
i. Zenephor and Oleta Overstreet $1,333.14
Deferred from February 18 and March 4, 2003
j. Mary A. Slaughter $2,625
Deferred from February 18 and March 4, 2003
k. Debbie Smith $3,805
Deferred from February 18 and March 4, 2003
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: K. 1. b, e-h. STRICKEN: K. 1. a. DEFERRED TO APRIL 8, 2003: K. 1. c, d, i-k. NO ACTION TAKEN: K. 2. MOVED BY LIEBMANN, SECONDED BY RINEHART. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

IX. A. 1. Claims for Approval.
a. Lula Broussard $94.50
b. Southwestern Bell Telephone $555.57
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).

APPROVED: A. 1. a, b. NO ACTION TAKEN: A. 2. MOVED BY LIEBMANN, SECONDED BY RINEHART. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

X. Items from Council.

Mr. McAtee informed everyone about two neighborhood meetings to be held tonight and both are meeting at Windsor Hills School: Windsor Oaks and Meridian Hills.

Mr. McAtee also said the Windsor Forest Neighborhood Association has a meeting scheduled for Thursday night this week.

Mr. Rinehart asked if trash could be picked up at I-240 and Bryant around the landfill area.

Mr. Foshee asked if arson investigators were equipped with protective masks when investigating arsons. If they investigate for arson and later find out the fire resulted from a meth lab operation, the investigators might be at risk of breathing hazardous smoke, etc.

Fire Chief Benson said all arson investigators were equipped with Self-Contained Breathing Apparatus (SCBA) as well as protective clothing.

Ms. Simank said she had reports of large clumps of asphalt being left following street repairs The City did on South Douglas Avenue. She said she would find out the exact location of these asphalt pieces and report to the City Manager's office so it can be cleaned up.

Mr. Liebmann recognized Donald Spock in the audience and welcomed him to the meeting.

Mr. Liebmann reported statistics from the Oklahoma City Convention and Visitors Bureau saying the room bookings were 47% higher this year over last year. He said if each person staying one night spends $150 that adds $3,100,000 to the economy. He thanked the Convention and Visitors Bureau for doing a great job.

X.

Mr. Liebmann also informed everyone about Mayor Humphreys speaking today at noon at the Rotary Club meeting.

Mayor Humphreys said the Council tries to keep politics out of the meetings but he felt it was important to make corrections (without taking sides) when nonfactual information was disseminated. He said the charge has been made that the Council gave Bass Pro $17 million of taxpayer money. The facts are the City is using City funds for the building and leasing, not giving, it to Bass Pro. We are leasing it at below market rate so we can get other activity down in that area. He said it's working because Sonic and Holiday Inn are now under construction there as well.

Ms. Simank said some candidates are mailing campaign literature to citizens outside the ward they are campaigning in and it is causing confusion. She clarified anyone living north of NW 23rd Street is in Ward 2. If Ward 2 campaign literature is being mailed south of NW 23rd Street, it is not going to Ward 2 residents.

Mayor Humphreys said if anyone is confused about which ward they are in, they should call the City Clerk's office at 297-2391. The City Clerk's office can find the ward number based upon the home address.

Mr. Foshee said the Oklahoma City Museum of Art is suffering from low revenue because they rely heavily on money raised from schools visiting for field trips. Since the schools are under severe budget restrictions, the trickle down has been felt at the Museum of Art. He asked everyone to visit the museum as a way of supporting the arts in Oklahoma City.

XI. Citizens to be Heard.

Mr. Foshee and Mayor Humphreys recognized two of their youth councilors: Amanda Johnson and Rachel Schonwald. The youth councilors said they were going to Putnam City North High School to speak to government classes about Oklahoma City and the City Council. On May 20, 2003, they will be speaking at Westmoore High School.

Mr. Foshee encouraged other schools interested in having these youth councilors speak to call Mary Walsh of the Youth Leadership Exchange at 236-1177 or Debi Martin, Executive Assistant to the City Council, at 297-2569.

XII. City Manager Reports.

1. Livestock Wrecks on State Roadways

2. Police/Fire Equipment Projects Update

Jim Couch, City Manager, reported the March Sales Tax Check was $846,000 under target for the general fund and $492,000 below last year. The March Use Tax Check was $176,000 below target and $52,000 below last year at this time.

There are three months left in this fiscal year and it is projected Oklahoma City will be $10-$12 million dollars below target overall.

XIII. Adjournment. 11:03 a.m.

_____________________________
Kirk Humphreys
Mayor

ATTEST:

_____________________________
Frances Kersey
City Clerk

_____________________________
James D. Couch
City Manager