THE CITY OF OKLAHOMA CITY
JOURNAL OF COUNCIL PROCEEDINGS
REGULAR CITY COUNCIL MEETING
APRIL 8, 2003
I. Invocation and Pledge of Allegiance.
REVEREND BERT POTTS
QUAIL SPRINGS UNITED METHODIST CHURCH
PLEDGE LED BY CHRIS FOSHEE
II. Call to Order. 8:38 a.m.
MAYOR HUMPHREYS PRESIDING.
ALL MEMBERS PRESENT.
III. From the Office of the Mayor.
A. Resolution of Commendation for Councilwoman Amy Brooks.
ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT,
MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. ABSENT: BROOKS.
Ms. Brooks thanked the Mayor and Council.
B. Swearing in Ceremony for Sam Bowman, Ward 2; Jerry Foshee, Ward 5; Ann Simank,
Ward 6; and Guy Liebmann, Ward 8.
Sam Bowman was sworn in by Kelly Work. Mayor Humphreys presented Mr. Bowman with
a Greg Burns print of City Hall and a mug.
Jerry Foshee was sworn in by Blake Yaffe.
Ann Simank was sworn in by United States Attorney Robert McCampbell.
Guy Liebmann was sworn in by Judge Page Morgan.
III. C. Appointment of Willa Johnson as Vice Mayor.
CONFIRMED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
Mayor Humphreys recognized outgoing Vice Mayor Brent Rinehart and presented him with
an engraved library set.
D. Resolution approving travel expenses for Mayor Humphreys while attending the
71st Annual United States Conference of Mayors meeting in Denver, Colorado, June
5-10, 2003.
(Two-thirds affirmative vote required for approval).
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
Mayor Humphreys recognized Youth Councilors: Rachel Schonwald, Amanda Johnson, Matthew
Cagigal, and Da'Mon Smith.
Mayor Humphreys recognized Terri Cooper and her five visitors from England. The
visitors are with the Group Study Exchange Program, which is sponsored by Rotary
International. The visitors are Sharon Cooper, Public Health Nurse; Rachel Pine,
Elementary Education Teacher; Sandie Morris, Psychiatric Nurse; Nic Crocker, Police
Officer; and George Greenow, Rotarian team leader and retired printer.
IV. A. Receive Journal of Council Proceedings for April 1, 2003.
RECEIVED. MOVED BY JOHNSON, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
B. Approve Journal of Council Proceedings for March 25, 2003.
APPROVED. MOVED BY JOHNSON, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
V. Request for Uncontested Continuances.
VIII. H. 1, 2.
April 29, 2003
RECESS COUNCIL MEETING. 9:32 a.m.
CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY.
(Majority of a Quorum required for approval)
1. Joint Resolution entering into a Business Associate Agreement with Harrington
Benefit Services, Inc. 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,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.
2. Joint Resolution authorizing the Risk Manager and the Trust's legal counsel
to enter into a Joint Petition Settlement of the Order of the Workers' Compensation
Court Claim No. 2002-07965L, styled: Richard Leonard Henderson, Claimant vs. The
City of Oklahoma City, Respondent, an Own Risk Carrier, filed March 18, 2003, 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 SIMANK. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
ADJOURN OCMFA 9:33 a.m.
CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY. 9:33 a.m.
(Five of nine affirmative votes required for approval.)
1. Amendment No. 1 to the Joint Agreement with The City of Oklahoma City and Crown
Arts, Inc., for an Original Work of Art commemorating the Oklahoma Centennial and
the History Land Run of 1889 and the other land runs that opened portions of Oklahoma
to settlement, not to exceed $50,000. Ward 7.
APPROVED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. CITY MANAGER'S OFFICE.
ADJOURN OCPPA. 9:34 a.m.
RECONVENE COUNCIL MEETING.
VI. Consent Docket.
A. Ordinance to be introduced and set for final hearing April 29, 2003, (PUD-926)
4605 South Pennsylvania Avenue from C-3 Community Commercial and O-2 General Office
to PUD-926 Planned Unit Development. Ward 4.
INTRODUCED AND SET FOR FINAL HEARING APRIL 29, 2003. MOVED BY LIEBMANN, SECONDED
BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK,
JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
B. Resolution declaring a cross structure surplus to the needs of The City of
Oklahoma City; approving a Request for Proposals by which persons or organizations
can offer to provide a location for the cross structure on private property; and
directing the City Clerk to advertise for proposals.
ADOPTED AS AMENDED. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS,
CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MOTION
TO AMEND TO DELETE THE WORDS "THE NEEDS OF". MOVED BY RINEHART, SECONDED
BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK,
JOHNSON AND LIEBMANN. MOTION TO AMEND TO INSERT THE WORDS "IN CERTAIN INSTANCES".
MOVED BY RINEHART, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN,
MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. NAY: JOHNSON. PROCUREMENT SERVICES
DIVISION.
VI. C. Surveyor's Certificate and Correction of Plat for SummerRidge, north
of NW 164th Street and east of May Avenue. Ward 8.
APPROVED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
D. Resolution accepting the subdivision bond and dedications contained in the
final plat:
1. Magnolia, Phase II, south of Northwest Expressway and west of Sara Road.
Ward 8.
Deferred from March 25, 2003.
2. Magnolia, Phase III, south of Northwest Expressway and west of Sara Road.
Ward 8.
Deferred from March 25, 2003.
ADOPTED: D. 1, 2. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS,
CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING
DEPARTMENT.
E. Resolution accepting the irrevocable letter of credit and dedications contained
in the final plat:
1. Stone Meadows South, Section 1, north of SW 164th Street and east of Western
Avenue. Ward 5.
2. Stone Meadows South, Section 2, north of SW 164th Street and east of Western
Avenue. Ward 5.
ADOPTED: E. 1, 2. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS,
CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING
DEPARTMENT.
F. Resolution accepting the dedications contained in the final plat of Mulligans
Road at Rose Creek, west of May Avenue and north of NW 164th Street. Ward 8.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
VI. G. Resolution authorizing the submission of an application for Federal
grant funds to the United States Interagency Council on the Homeless, and accepting
the recommendations of the selection committee regarding the Request for Proposals.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: SIMANK. PLANNING
DEPARTMENT.
H. Final plans and specifications to be advertised for bids:
1. Project MP-0303, Martin Park Nature Center, pond reclamation, 5000 West Memorial
Road. Ward 8.
2. Project PC-0246, streetscape improvements, NW 16th Street from Classen Boulevard
to Pennsylvania Avenue. Ward 6.
APPROVED AND AUTHORIZED. BID RECEIPT DATE H. 1.: MAY 6, 2003. BID RECEIPT DATE
H. 2.: APRIL 29, 2003. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS,
CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING
DEPARTMENT.
I. Preliminary report:
1. Project MB-0662, Emergency Communications Center, northeast of the intersection
of Robert S. Kerr Avenue and Shartel Avenue; and authorization to prepare final plans
and specifications. Ward 6.
2. Project MC-0147, wayfinding signage for the Downtown/Bricktown areas, Initial
Phase. Wards 6 and 7.
APPROVED AND AUTHORIZED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS,
CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING
DEPARTMENT.
J. Ratify and approve Addendum No. 1, award of contract to Pope Contracting, Inc.,
Project MB-0601, exterior renovation of 616 Colcord Building, $386,500; includes
Alternate No. 1; assign Terracon, Inc. as testing laboratory; approve and accept
the bid bond; and authorization to execute the contract and bonds. Ward 6.
RATIFIED, APPROVED, AWARDED, AND ASSIGNED. MOVED BY LIEBMANN, SECONDED BY JOHNSON.
AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON
AND LIEBMANN. PLANNING DEPARTMENT.
VI. K. Final acceptance, Street Resurfacing Contract No. 4-99/00 (five locations)
and placing maintenance bond into effect. Wards 1, 2, 3 and 7.
ACCEPTED AND PLACED IN EFFECT. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR
HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
PLANNING DEPARTMENT.
L. Resolution declaring the Kilgen Theater Organ surplus to the needs of The City
of Oklahoma City and approving the donation of the Kilgen Organ to the State of Oklahoma
for use in the Oklahoma Historical Society's new History Center.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. CITY MANAGER'S OFFICE.
M. Lease agreement with South Lakes Soccer Club, Inc., management and operation
of South Lakes Soccer Complex at South Lakes Park, SW 119th Street and Meridian Avenue,
April 8, 2003 through April 7, 2008. Ward 3.
APPROVED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PARKS AND RECREATION
DEPARTMENT.
N. Amendment to Landscape Maintenance Agreement with Musgrave-Pennington Neighborhood
Association Inc., to include planting beds in medians on NW 19th Street and Portland
Avenue. Ward 3.
APPROVED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PARKS AND RECREATION
DEPARTMENT.
O. Oklahoma City Airport Trust Agreement, Cleaning and Janitorial Services Agreement,
Economy Janitorial Services, Inc., cleaning and janitorial services, Will Rogers
World Airport and Wiley Post Airport, May 1, 2003 through April 30, 2005, $544,950
estimated annually. Wards 1 and 3.
APPROVED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. DEPARTMENT OF AIRPORTS.
VI. P. Joint Resolution with the Oklahoma City Municipal Facilities Authority
authorizing the Risk Manager and the Trust's legal counsel to enter into a Joint
Petition Settlement of the Order of the Workers' Compensation Court Claim No. 2002-07965L,
styled: Richard Leonard Henderson, Claimant vs. The City of Oklahoma City, Respondent,
an Own Risk Carrier, filed March 18, 2003, 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,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
Q. Resolution amending The City of Oklahoma City Group Indemnity Health Plan to
comply with privacy requirements of the Health Insurance Portability and Accountability
Act of 1996, as it relates to uses and disclosures of Protected Health Information;
effective April 14, 2003.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.
R. Resolution amending the Flexible Benefits Plan for The City of Oklahoma City
and the Flexible Benefits Plan for Oklahoma City Fire Fighters to comply with privacy
requirements of the Health Insurance Portability and Accountability Act of 1996.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.
S. Joint Resolution with the Oklahoma City Municipal Facilities Authority, entering
into a Business Associate Agreement with Harrington Benefit Services, Inc. to comply
with privacy requirements of the Health Insurance Portability and Accountability
Act of 1996.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.
VI. T. Resolution receiving certain submission from Cox Communications Oklahoma
City, setting a High Definition Television Converter Set-Top Box Equipment and Installation
Rate Regulation Hearing for April 22, 2003 and referring submission to staff for
evaluation.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC INFORMATION
OFFICE.
U. Amendment No. 1 to the Joint Agreement with the Oklahoma City Public Property
Authority and Crown Arts, Inc., for an Original Work of Art commemorating the Oklahoma
Centennial and the History Land Run of 1889 and the other land runs that opened portions
of Oklahoma to settlement, not to exceed $50,000. Ward 7.
APPROVED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. CITY MANAGER'S OFFICE.
V. Memorandum of Agreement among the Oklahoma Maintenance Repair and Overhaul Technology
Center Stakeholders (Battelle Oklahoma, LLC and Oklahoma Industries Authority) to
enhance Tinker Air Force Base.
APPROVED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. CITY MANAGER'S OFFICE.
VII. Concurrence Docket.
A. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and
approving Addendum No. 1, Project SM-0113, Phase I, Line Maintenance Building roofing,
remediation and interior repair, 621 North Pennsylvania Avenue. Ward 6.
CONCURRED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER
UTILITIES DEPARTMENT.
VII. B. Concurrence with the Oklahoma City Water Utilities Trust in approving
Amendment No. 1, Project SC-0265, sanitary sewer replacement, NW 38th Street to NW
44th Street from Walker Avenue and Harvey Parkway, decrease of $14,151.45; accepting
the project and placing maintenance bond into effect. Ward 2.
CONCURRED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER
UTILITIES DEPARTMENT.
C. Concurrence with the Oklahoma City Water Utilities Trust in approving Change
Order No. 1, Project WE-0039, 36-inch suction pipe replacement, Overholser High Lift
Pump Station, 501 North Pennsylvania Avenue; increase of $27,257. Ward 6.
CONCURRED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER
UTILITIES DEPARTMENT.
D. Concurrence with the Oklahoma City Water Utilities Trust in authorizing contract
negotiations with Business Imaging Systems, Inc., Project SM-0114, scanning and indexing
services, not to exceed $200,000.
CONCURRED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER
UTILITIES DEPARTMENT.
E. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution
awarding contract:
1. Amis Construction Company, Project SC-0651, sanitary sewer relocation, south
of Reno Avenue between Oklahoma Avenue and the Bricktown Canal, $356,610; and approving
contract and bonds. Ward 7.
2. Downey Contracting, LLC, Project ST-0091, replacement of fine bubble diffusers,
North Canadian Wastewater Treatment Plant, 12800 North Anderson Road, $289,400; and
approving contract and bonds. Ward 7.
CONCURRED: E. 1, 2. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS,
CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND
WASTEWATER UTILITIES DEPARTMENT.
VIII. Items Requiring Separate Votes.
A. Ordinances on final hearing (emergency) recommended for approval (five of
nine affirmative votes required for approval):
1. (ABC-535) 3031 West Memorial Road, ABC-3 Alcoholic Beverage Consumption, Club
With Alcohol overlaying the C-3 Community Commercial District. Ward 8.
ADOPTED WITHOUT EMERGENCY. ORD. #22,188. MOVED BY LIEBMANN, SECONDED BY SIMANK.
AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.
ABSENT: BOWMAN AND FOSHEE. PLANNING DEPARTMENT.
2. (CE-587) to vacate NE 9th Street and the platted alley through Block
13, Maywood Addition and Block 1, Oak Park Addition, between North Geary Avenue and
North Lincoln Boulevard. Ward 7.
ADOPTED WITHOUT EMERGENCY. ORD. #22,189. MOVED BY JOHNSON, SECONDED BY LIEBMANN.
AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.
ABSENT: FOSHEE. PLANNING DEPARTMENT.
3. (CE-602) 11116 Springhollow Court, closing a three foot portion of a platted
25-foot utility easement through Lot 19, Block 1, Springhollow Addition. Ward 8.
ADOPTED WITHOUT EMERGENCY. ORD. #22,190. MOVED BY LIEBMANN, SECONDED BY JOHNSON.
AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.
ABSENT: FOSHEE. PLANNING DEPARTMENT.
4. (PC-9781) 8400 SW 89th Street from AA Agricultural to R-A Single Family Rural
Residential. Ward 3.
ADOPTED WITHOUT EMERGENCY. ORD. #22,191. MOVED BY MCATEE, SECONDED BY LIEBMANN.
AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.
ABSENT: FOSHEE. PLANNING DEPARTMENT.
VIII. A. 5. (PC-9782) 2838 NW 11th Street from R-1 Single Family Residential
To R-2 Medium Low Density Residential. Ward 6.
ADOPTED WITHOUT EMERGENCY. ORD. #22,192. MOVED BY SIMANK, SECONDED BY LIEBMANN.
AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.
ABSENT: FOSHEE. PLANNING DEPARTMENT.
6. (PC-9787) 12201 SE 37th Street from AA Agricultural to R-A Single Family Rural
Residential. Ward 4.
DEFERRED TO JUNE 10, 2003. PLANNING DEPARTMENT.
7. (PUD-913) 3101-3629 West Overholser Drive and 10000-10048 NW 36th Street from
AA Agricultural to PUD-913 Planned Unit Development. Ward 1.
Planning Commission approval subject to the Summary of Technical Evaluation.
Easement to be accepted.
Deferred from March 25, 2003.
ADOPTED WITHOUT EMERGENCY. ORD. #22,194. APPROVAL SUBJECT TO SUMMARY OF TECHNICAL
EVALUATION. EASEMENT ACCEPTED. MOVED BY CORNETT, SECONDED BY JOHNSON. AYES: MAYOR
HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN. ABSENT:
FOSHEE. PLANNING DEPARTMENT.
8. (PUD-917) 16501-17125 North Pennsylvania Avenue and 2101-2445 NW 164th Street
from AA Agricultural and R-1 Single Family Residential to PUD-917 Planned Unit Development.
Ward 8.
Easement to be accepted.
Deferred from March 4, 2003.
ADOPTED WITHOUT EMERGENCY. ORD. #22,193. EASEMENT ACCEPTED. MOVED BY LIEBMANN,
SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART,
SIMANK, JOHNSON AND LIEBMANN. ABSENT: FOSHEE. PLANNING DEPARTMENT.
VIII. A. 9. (SPUD-310) 7820 South Pennsylvania Avenue from R-1 Single Family
Residential to SPUD-310 Simplified Planned Unit Development. Ward 5.
Planning Commission approval subject to the Summary of Technical Evaluation.
Deferred from March 25 and April 1, 2003.
DENIED. MOVED BY FOSHEE, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN,
MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: JOHNSON. PLANNING DEPARTMENT.
B. 1. Public hearing re:
a. 1200 SE Grand Boulevard aka 1204 SE Grand Boulevard (east house, shed) Ward
7
b. 1800 Homa Avenue (carport) Ward 7
c. 7329 Kings Ridge Road (rear porch) Ward 1
d. 719 South Lee Avenue (house) Ward 6
e. 1233 NE 16th Street (house) Ward 7
f. 1605 NE 16th Terrace (garage) Ward 7
g. 325 SE 18th Street (house) Ward 7
h. 1221 NE 18th Street (garage) Ward 7
i. 1020 SW 55th Street (house) Ward 4
j. 629 NW 95th Street (house, shed) Ward 2
2. Resolution declaring the structures are dilapidated; directing said structures
to be torn down, establishing dates of April 9, 2003 and May 9, 2003 for commencement
and completion of removal by owners.
ADOPTED: B. 1. b-d, f, g, i, j. STRICKEN: B. 1. a and h. DEFERRED TO JUNE 10,
2003: B. 1. e. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS,
BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN. ABSENT: CORNETT AND FOSHEE.
NEIGHBORHOOD SERVICES DEPARTMENT.
C. 1. Public hearing re:
a. 1200 SE Grand Boulevard (house) Ward 7
b. 7329 Kings Ridge Road (swimming pool) Ward 1
c. 900 South MacArthur Boulevard (commercial building) Ward 3
d. 3817 West Park Place (house) Ward 3
e. 2005 NW 10th Street (house) Ward 6
f. 1630 NW 12th Street (house) Ward 6
g. 4028 NW 25th Street (house) Ward 1
h. 420 SE 26th Street (house) Ward 7
i. 520 SW 28th Street (duplex, garage apartment) Ward 6
VIII. C. 2. Resolution declaring the structures are unsecured.
ADOPTED: C. 1. b, d-g, i. STRICKEN: C. 1. a, c, h. MOVED BY SIMANK, SECONDED
BY JOHNSON. AYES: MAYOR HUMPHREYS, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND
LIEBMANN. ABSENT: CORNETT AND FOSHEE. NEIGHBORHOOD SERVICES DEPARTMENT.
$ D. 1. Resolution accepting payment of $18,936.59 from the Metropolitan
Library Commission as reimbursement for Change Order No. 20, MAPS Project MB-0449,
Library/Learning Center; Park Avenue and Hudson Avenue. Ward 6.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, BOWMAN,
MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN. ABSENT: CORNETT AND FOSHEE. PUBLIC
WORKS DEPARTMENT.
2. Change Order No. 20, MAPS Project MB-0449, carpet upgrades and electrical alterations,
Library/ Learning Center, Park Avenue and Hudson Avenue; increase of $18,936.59.
Ward 6.
APPROVED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN. ABSENT: FOSHEE. PUBLIC
WORKS DEPARTMENT.
E. 1. Resolution authorizing the Municipal Counselor to confess judgment without
admitting liability in the case of Brandy K. Cole and Stephen Frost v. The City of
Oklahoma City, District Court of Oklahoma County, Case No. CJ-2003-922.
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: E. 1. NO ACTION TAKEN: E. 2. MOVED BY LIEBMANN, SECONDED BY JOHNSON.
AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.
ABSENT: FOSHEE. MUNICIPAL COUNSELOR'S OFFICE.
VIII. F. 1. Resolution authorizing the Municipal Counselor to confess judgment
without admitting liability in the case styled Janice D. Henderson v. The City of
Oklahoma City, United States District Court for the Western District of Oklahoma,
Case No. CIV-02-646-L.
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: F. 1. NO ACTION TAKEN: F. 2. MOVED BY LIEBMANN, SECONDED BY SIMANK.
AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.
ABSENT: FOSHEE. MUNICIPAL COUNSELOR'S OFFICE.
G. 1. 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 JOHNSON, SECONDED BY SIMANK. AYES: MAYOR
HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN. ABSENT:
FOSHEE. MUNICIPAL COUNSELOR'S OFFICE.
2. Enter into executive session to discuss collective bargaining negotiations
for fiscal year 2003-04 with Fraternal Order of Police, Lodge 123; International
Association of Fire Fighters, 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 JOHNSON, SECONDED BY SIMANK. AYES: MAYOR
HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN. ABSENT:
FOSHEE. CITY MANAGER'S OFFICE.
VIII. H. 1. Claims recommended for denial:
a. Timothy C. Hearn $1,652.82
Deferred from February 18, March 4, and March 11, 2003.
b. Minnie Jones $2,793.72
Deferred from February 18, March 4, and March 11, 2003.
c. Zenephor and Oleta Overstreet $1,333.14
Deferred from February 18, March 4, and March 11, 2003.
d. Mary A. Slaughter $2,625
Deferred from February 18, March 4, and March 11, 2003.
e. Debbie Smith $3,805
Deferred from February 18, March 4, and March 11, 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).
DEFERRED TO APRIL 29, 2003. MUNICIPAL COUNSELOR'S OFFICE.
IX. A. 1. Claim for Approval.
a. Ashley Thiry $596.77
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. NO ACTION TAKEN: A. 2. MOVED BY SIMANK, SECONDED BY JOHNSON.
AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.
ABSENT: FOSHEE. MUNICIPAL COUNSELOR'S OFFICE.
X. Items from Council.
A. Resolution approving travel expenses for Councilmembers Ann Simank and Willa
Johnson to attend the summer National League of Cities' Board of Directors meeting,
July 17-19, 2003, New Haven, Connecticut.
(Two-thirds affirmative vote required for approval).
ADOPTED. MOVED BY LIEBMANN, SECONDED BY MCATEE. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN. ABSENT: FOSHEE.
B. Ordinance to be introduced and set for final hearing April 29, 2003, relating
to zoning, amending Chapter 59, Article VI, Section 59-6300.4 of the Oklahoma City
Municipal Code, 2002, as amended, by the adoption of a new subsection 59-6300.4 providing
for certain exterior building material requirements.
Councilman Liebmann.
STRICKEN. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN. ABSENT: FOSHEE.
Mr. Cornett said he attended a workshop for the skate park to be built down by the
river. He said he was amazed with the level of involvement from the skating community.
There were some interesting discussions on "verticality" which involves
up and down cement skating structures. Mr. Cornett thanked Wendel Whisenhut for
organizing this workshop and taking the time to get citizen input on this project.
Mr. Cornett congratulated the Mayor for working to bring Tulsa and Oklahoma City
together. He said he attended the legislative forum yesterday and thanked Mayor
Humphreys for being a leader in this area.
Mayor Humphreys said the first meeting was held last September and the atmosphere
was tense. He said a lot of progress has been made since the first meeting. Mayor
Humphreys was in Tulsa Thursday night for Mayor Lafortune's first anniversary celebration
dinner. He said the two cities are getting to know each other.
Mr. Bowman thanked everyone for working him into the horseshoe and making him feel
welcome.
X.
Mr. Bowman announced the 25th anniversary celebration for the Fair Housing Council
is on April 11, 2003, at 6:00 p.m. at the center. He said General Tom Daniels, with
the National Guard, would be the keynote speaker.
Mr. McAtee said he attended the legislative forum last night as well. He noted as
a nation we have the motto, "United We Stand". Mr. McAtee said the message
which came out of the legislative forum was "united we stand with Tulsa".
Mr. McAtee said Oklahoma City is not an enemy to our Sister City, Tulsa. He said
there is a lot of competition outside the State of Oklahoma, which makes it so important
that we unite with Tulsa to attract meaningful economic development in our state.
Mr. McAtee expressed appreciation for the work that Mayor Humphreys and Mayor Lafortune
are doing in this regard.
Mr. McAtee said while he was at the legislative forum he met a Ward 5 citizen who
had been inspired by a neighborhood president from Ward 3. The citizen was motivated
to mobilize his neighborhood, started a neighborhood patrol, and began addressing
some of the problems they were having in the neighborhood.
Mr. McAtee attended the Windsor Hills Neighborhood Association where they approved
two projects to beautify the neighborhood: one to construct brick entrance signs
and another to install signs to help people find their way around the neighborhood.
Mr. McAtee attended the Corbin Park Neighborhood Association meeting last night.
He congratulated Zenoba Johnson and her grandson for a project they undertook to
improve the quality of life in Corbin Park. He said neighborhood associations are
the means to move our communities in the right direction. He thanked all the neighborhood
associations and their leaders.
Mayor Humphreys asked where Corbin Park is located.
Mr. McAtee said it used to be located in Ward 6 but now it is west of Tulsa Avenue
and east of Meridian Avenue between NW 10th and NW 16th Street. He said it is a
neighborhood with challenges, which they are addressing very aggressively.
Ms. Simank shared a concern she has with security companies dropping neighborhood
association clients without notice. She said there is a trend starting where some
security companies have decided to only take on neighborhood associations with covenants
as clients.
X.
Mayor Humphreys asked Ms. Brooks how the Crown-Heights issue was dealt with last
year. He asked if the legislation allowed for older neighborhoods to adopt covenants
after the fact.
Ms. Brooks said they were allowed to adopt covenants after the fact, but a percentage
of the neighborhood has to agree. She said it only takes effect when the property
is sold.
Mayor Humphreys asked if it pertained to covenants or an association with dues.
Ms. Brooks said she believed it pertained to the covenants, but she wasn't sure.
Mayor Humphreys asked why these security companies want to work only with neighborhood
associations with covenants.
Ms. Brooks said it is because the companies want to be guaranteed a certain number
of households. She explained that sometimes neighborhood associations experience
a declining number of households willing to pay neighborhood association fees over
time. These security companies are not willing to hire employees to serve the neighborhoods
if the money isn't going to be there to pay for their services.
Ms. Simank said she is appealing to anyone who might be able to help with this growing
problem.
Mayor Humphreys asked William Burkett, Municipal Counselor, to bring the City Council
up-to-speed on the parameters of the legislation.
Mr. McAtee suggested that Ms. Simank talk to Rebekah Zahn at Neighborhood Alliance.
He said Ms. Zahn is knowledgeable about the legislation and has some materials that
should be helpful.
Ms. Simank welcomed Sam Bowman to the City Council.
Ms. Simank reminded everyone that today from 4:00-6:00 p.m. is the LitterBlitz.
Mayor Humphreys said LitterBlitz would start at the Oklahoma City Beautiful office
on 2325 Classen Boulevard, on the west side of Classen directly across the street
from the gold dome.
Ms. Brooks encouraged everyone to participate in the LitterBlitz campaign to make
it a fun event.
X.
Ms. Johnson congratulated Sam Bowman on his election to the City Council.
Ms. Johnson requested a resolution be drafted allowing a private citizen to serve
on the Neighborhood Conservation Committee and she encouraged the Mayor to appoint
Amy Brooks to that position.
Mayor Humphreys said he would find out if that could be done.
Ms. Johnson said Ms. Brooks has a tremendous amount of experience in planning and
historic districts. Ms. Johnson said Ms. Brooks would be a great addition to that
committee.
Ms. Johnson thanked Gayle Owens, Administrative Coordinator for Water and Wastewater
Utilities Department, for appearing in her place at an event last Sunday.
Ms. Johnson said while she was in Washington, D.C., last week the cherry blossoms
were in bloom and it was an incredible sight.
Ms. Johnson said she testified before the sub-committee in charge of reauthorizing
the economic development administration. She said hopefully the cities would gain
increasing local control over the monies received from the federal government.
Mr. Liebmann welcomed Sam Bowman to the City Council.
Mayor Humphreys recognized Chip Carter with Battel Oklahoma, LLC.
Mayor Humphreys said he was in San Francisco over the weekend and spoke to the Annual
Convention of the National School Board Association about MAPS for Kids. He said
people left the convention impressed with Oklahoma City's plan. Mayor Humphreys
thanked the City Council, the leadership of Oklahoma City, the School Board, and
everyone involved with MAPS for Kids.
XI. Citizens to be Heard.
XII. City Manager Reports.
1. General Obligation Bonds, Series 2003
2. Fire Department Mutual Assistance
Mr. Couch said the figures for the April Sales Tax check were in and the check was
$1.2 million below target and $800,000 below last year's revenue.
Ms. Simank said the April issue of "Governing" magazine has an article
about Internet sales tax collection. The article says 32 states are starting to
collect Internet sales tax and it also says WalMart has cut an agreement of some
sort. She asked if anyone knew anything about collecting Internet sales tax.
Mr. Couch said one of the things enacted this year through the State Legislature
was the Streamlined Reporting Act. He said he might not have the exact title of
the legislation correct but it allows for a uniformed process for collecting Internet
sales tax.
Ms. Simank asked if this means we'll be able to start collecting Internet sales tax
from WalMart.
Mr. Couch said some companies are voluntarily paying the Internet sales tax right
now.
Ms. Simank asked if we would be able to collect this Internet sales tax in the near
future.
Mr. Couch said we would collect it only on a voluntary basis. There is still a federal
issue on the sales tax and there are very few companies who are volunteering to pay
it. There is a moratorium on the Internet sales tax and it will be an issue before
Congress in the near future.
Ms. Johnson said the Internet sales tax issue had its beginnings in the National
League of Cities' Community Economic Development Committee about five years ago.
Ms. Johnson said Congressman Istook has taken the lead on working on this issue
for Oklahoma and she thanked Congressman Istook for his help.
XIII. Adjournment.
_____________________________
Kirk Humphreys
Mayor
ATTEST:
_____________________________
Frances Kersey
City Clerk
_____________________________
James D. Couch
City Manager