THE CITY OF OKLAHOMA CITY
JOURNAL OF COUNCIL PROCEEDINGS
REGULAR CITY COUNCIL MEETING
APRIL 22, 2003



I. Invocation and Pledge of Allegiance.

REVEREND DUANE R. TALLEY
GREATER TRINITY MISSIONARY BAPTIST CHURCH

PLEDGE LED BY COUNCILMAN RINEHART


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

MAYOR HUMPHREYS PRESIDING.

WILLA JOHNSON ABSENT.


III. From the Office of the Mayor.

A. Appointment of Joseph P. Painter, Richard L. Forest, Allen Porter and Nancy McNayr to the Professional Liaison Committee.

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

PROCLAIMED: April 22-27, 2003 as the "Thirty-Seventh Annual Festival of the Arts Week", received by Steve Mason and Mary Walsh (co-chairs).

PROCLAIMED: April 27-May 3, 2003 as "National Volunteer Week", received by Patty Youngblood, Executive Director, The Volunteer Center; Marnie Taylor, Chairman of the Volunteer Center Board of Directors; Patti Mellow, Co-Chair of the Helping Hands Awards for 2003; and Leo Portman, Chairman-Elect of the Volunteer Center of Central Oklahoma.

Mayor Humphreys recognized Chet Collier, Executive Director of the Oklahoma City Memorial Marathon. The Third Annual Oklahoma City Memorial Marathon will be held on Sunday, April 27, 2003.

Mayor Humphreys recognized Amy Payne, student from Classen School of Advanced Studies, who is being mentored by Jerry Foshee this week.



III.

Mayor Humphreys announced the death of Councilwoman Johnson's son, Steve Hammond. The funeral services will be held at 11:00 a.m. Thursday, April 24, at St. John's Missionary Baptist Church.

Mr. Foshee said in respect of the fact that Councilwoman Johnson is not able to attend the City Council meeting today, the Judiciary Committee meeting is being rescheduled for next Tuesday, April 29, 2003.


IV. A. Receive Journal of Council Proceedings for April 15, 2003.

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

B. Approve Journal of Council Proceedings for April 8, 2003.

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


V. Request for Uncontested Continuances.


RECESS COUNCIL MEETING.


CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY. 8:55 a.m.
(Majority of a Quorum required for approval)

1. a. Joint resolution authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employee Oklahoma City Police Officer Barry Niles in the United States Court for the Western District of Oklahoma, Case Number CIV-02-1791-M, styled: Christopher Johnson v. Barry Niles, Oklahoma Police Department Springlake Division.
AND/OR

OCMFA. 1. b. Enter into executive session with the Municipal Counselor to discuss said case as authorized by 25 O.S. (2001) §307(B)(4).

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


ADJOURN OCMFA. 8:56 a.m.


CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY. 8:56 a.m.
(Five of nine affirmative votes required for approval.)

1. Specifications to be advertised for bids, National Gas Purchase and Supply Management Service Contract, (six locations). Wards 3, 4, 6, 7 and 8.

APPROVED AND AUTHORIZED. BID RECEIPT DATE: MAY 20, 2003. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.

2. Partial acceptance and approval of payment for Element #19-Draft Horse of the Centennial Land Run Monument and authorization for staff to seek reimbursement from the federal grant administered by the Oklahoma Centennial Commission, $68,500.

ACCEPTED, APPROVED AND AUTHORIZED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. CITY MANAGER'S OFFICE.

3. Joint resolution approving a Licensing and Naming Rights Agreement with Oklahoma Ford Dealers for the new MAPS Arena, 100 West Reno Avenue, retroactive to June 1, 2002. Ward 7.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. CITY MANAGER'S OFFICE.


OCPPA. 4. Resolution authorizing the open market purchase of advertising from the Southwestern Bell Yellow Pages for The City of Oklahoma City's public golf courses, not to exceed $12,000.

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


ADJOURN OCPPA. 8:58 a.m.


RECONVENE COUNCIL MEETING.


VI. Consent Docket.

A. Resolution authorizing the open market purchase of fully trained police canines (OM3-C37100), estimated cost $50,000, retroactive to July 1, 2002 through June 30, 2003.

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

B. Ordinance to be introduced and set for final hearing May 13, 2003, (SPUD-318) 4400 South Portland Avenue from C-3 Community Commercial to SPUD-318 Simplified Planned Unit Development. Ward 3.

INTRODUCED AND SET FOR FINAL HEARING MAY 13, 2003. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PLANNING DEPARTMENT.

C. Surveyor's Certificate and Correction of Plat for Fenwick, Section 9, north of NW 164th Street and east of Pennsylvania Avenue. Ward 8.

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


VI. D. Resolution releasing the subdivision bond for Turtle Creek Estates, south of Memorial Road and east of MacArthur Boulevard. Ward 8.

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

E. 1. Resolution allocating HOME construction loan funds to Neighborhood Services Organization for construction of four new single-family homes in the Weed and Seed area, $280,000. Ward 6.
2. Resolution allocating HOME grant funds to CityCare, a non-profit organization, for construction of a new duplex for use in a transitional housing program, 321 SE 37th Street, $114,000. Ward 7.

ADOPTED: E. 1, 2. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PLANNING DEPARTMENT.

F. Resolution amending the terms of a Loan Agreement with Neighborhood Services Organization on the Palo Duro Apartment project to convert the remaining principal balance to a grant, remaining loan balance $73,311.47, 409 NW 11th Street. Ward 6.

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

G. Specifications to be advertised for bids:
1. Resurfacing Existing City Streets Contract No. PR-02 01/02, Phase I, (10 locations). Ward 6.
2. Street Resurfacing Contract No. 9-02/03, (four locations). Wards 3 and 5.

APPROVED AND AUTHORIZED: G. 1, 2. BID RECEIPT DATE: MAY 13, 2003. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PUBLIC WORKS DEPARTMENT.


VI. H. Assignment and Amendment No. 4 to contract for engineering services, Project DC-0092, drainage improvements, NW 36th Street east of North Meridian Avenue to NW 32nd Street and North Meridian Avenue, fee increase of $28,200. Wards 1 and 3.

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


I. Ratify and approve Addendum No. 1, and award contract to RDNJ, Inc., dba A-TECH Paving, Project PM-0156, street repairs, not to exceed $250,000; and approving contract and bonds. Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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


J. Resolution extending time to award contract and awarding contract to A and A Investments, Project MC-0207, mowing of City-owned properties, not to exceed $50,000; and approving contract and bonds. Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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


K. Amendment No. 4 and Change Order No. 5, Project DC-0179, drainage improvements, Virginia Avenue from NW 36th Street to NW 41st Street, Phase I of Drainage Study, Project DC-0153, from NW 24th Street to NW 41st Street, east of Pennsylvania Avenue; increase of $114,554.55. Ward 2.

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


VI. L. Ordinance to be introduced and set for final hearing April 29, 2003, relating to General Schedule of Fees, amending Chapter 60 of the Oklahoma City Municipal Code, 2002, amending Section 60-8-2, fees associated with handling livestock and fowl; amending Section 60-8-3, impoundment fees and deposits; and Section 60-8-4, animal fees.

INTRODUCED AND SET FOR FINAL HEARING APRIL 29, 2003. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.

M. Real Estate Purchase Agreement with RAF Properties, Water Tower Expansion, north of Britton Road and east of Morgan Road, $20,000. Ward 1.

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

N. Ordinance to be introduced and set for final hearing April 29, 2003, relating to Parks, Recreation, Cultural Affairs, etc., and Animals and Fowl; amending the Oklahoma City Municipal Code, 2002, Chapter 38, by creating a new Section 38-107 regarding dog parks on public property; amending Article IV, Section 38-93 regarding animals generally; and amending Article V, Section 38-147 regarding animals; amending Chapter 8, Article II, Sections 8-43 regarding requirements and exceptions for confinement of dogs; and amending Chapter 8, Article II, Section 8-153 and 8-154 regarding control of dogs and trespassing on public or private property.

INTRODUCED AND SET FOR FINAL HEARING APRIL 29, 2003. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.

O. Oklahoma City Airport Trust Agreements:
1. News/Gifts and Specialty Retail Lease and Operations Agreement, The Paradies Shops, Inc., dba: Paradies-Kambers, LLC, to design, construct and operate newsstand/gifts and specialty retail operations, Will Rogers World Airport. Ward 3.

VI. O. 2. Lease and Concession Agreement, CA One Services, Inc., to provide 15-year term for food and beverage operations and delete newsstand/gifts option, Will Rogers World Airport. Ward 3.

APPROVED: O. 1, 2. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. DEPARTMENT OF AIRPORTS.

P. Resolution approving an agreement with the American Society of Composers, Authors, and Publishers for a license to perform publicly copyrighted works in the American Society of Composers, Authors, and Publishers repertory, not to exceed $3,877.

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

Q. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $762 and all costs of the action in the Oklahoma County District Court in the claim filed by Dennis K. Layden.
2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $2,120 and all costs of the action in the Oklahoma County District Court in the claim filed by Michael Leach.
3. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,970.32 and all costs of the action in the Oklahoma County District Court in the claim filed by OEI - A Carswell Company.
4. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $4,489.25 and all costs of the action in the Oklahoma County District Court in the claim filed by Heidi D. Johnson.

ADOPTED: Q. 1-4. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.


VI. R. Receive the Public Safety Sales Tax Report for the fiscal year ended June 30, 2002.

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


S. Ordinance to be introduced and set for final hearing April 29, 2003, relating to Administration and General Schedule of Fees, amending Chapter 2, Article I, Section 2-3, fee for notary service and amending Chapter 60 of the Oklahoma City Municipal Code, 2002, Title 2, Article I, Section 60-2-1, purpose; amending Article II, fees, relating to copies of City records and inspection of public records; and enacting a new Section 60-2-2, providing for other fees.

INTRODUCED AND SET FOR FINAL HEARING APRIL 29, 2003. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. CITY CLERK'S OFFICE.


T. Partial acceptance and approval of payment for Element #19-Draft Horse of the Centennial Land Run Monument and authorization for staff to seek reimbursement from the federal grant administered by the Oklahoma Centennial Commission, $68,500.

ACCEPTED, APPROVED AND AUTHORIZED. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. CITY MANAGER'S OFFICE.


U. Contract modification to Welfare-to-Work Contract 03-01 with American Training Institute, a for-profit organization, altering the Scope of Work by changing the schedule of classes to be provided for Welfare-to-Work customers of the Office of Workforce Development, retroactive to April 21, 2003 through June 30, 2003.

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


VI. V. Resolution approving a memorandum of understanding with Hoshall Homes for the purpose of training eligible 14-21 year-old youth customers for the youth development program, retroactive to July 1, 2002 through June 30, 2003.

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


VII. Concurrence Docket.

A. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1:
1. Project SM-0114, scanning and indexing services.
2. Project WT-0051, upgrade and replace SCADA system for the water distribution system, various locations in the water distribution system.

CONCURRED: A. 1,2. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.

B. Concurrence with the Oklahoma City Water Utilities Trust in approving Preliminary Engineering Report, Project SC-0615, sanitary sewer replacement, Classen Boulevard from NW 16th Street to NW 22nd Street, and authorization to prepare final plans and specifications. Ward 6.

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


C. Concurrence with the Oklahoma City Water Utilities Trust in approving plans and specifications to be advertised for bids, Project SC-0583, sanitary sewer replacement, SE 22nd Street to SE 25th Street between High Avenue and Interstate 35. Ward 7.

CONCURRED. BID RECEIPT DATE: MAY 6, 2003. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.



VII. D. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1, Project WE-0039, emergency suction piping repair, Overholser High Lift Pump Station, 501 North Pennsylvania Avenue, increase of $13,217.50; accepting the project and placing maintenance bond into effect. Ward 6.

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

E. Concurrence with the Oklahoma City Water Utilities Trust in approving:
1. Contract for engineering services with Smith Roberts Baldischwiler, LLC, Project WC-0425, water main replacement, SW 59th Street to Madole Boulevard from Independence Avenue to Drexel Avenue, fee of $29,750. Ward 5.
2. Contract for engineering services with Wynne Engineering Corporation, Project WC-0432, water main replacement, Hickory Stick Road to Lamp Post Lane between Lamp Post Lane and Blue Sage Road, fee of $31,500. Ward 8.

CONCURRED: E. 1,2. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

F. Concurrence with the Oklahoma City Water Utilities Trust in accepting:
1. Project SC-0647, emergency sanitary sewer repair, SE 84th Street and Woodbend Drive; and placing maintenance bond into effect. Ward 4.
2. Project SC-0656, emergency sanitary sewer replacement, NW 19th Street to NW 20th Street from Walker Avenue to Dewey Avenue; and placing maintenance bond into effect. Ward 6.
3. Project ST-0040, Bank Erosion Protection for North Canadian Wastewater Treatment Plant Levee, 12800 North Anderson Road; and placing maintenance bond into effect. Ward 7.

CONCURRED: F. 1-3. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.


VII. G. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contract to Downey Contracting L.L.C., Project SM-0113, Phase I, roofing, remediation and interior repair, Line Maintenance Building, 621 North Pennsylvania Avenue, $170,400; and approving contract and bonds. Ward 6.

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

H. Concurrence with the Oklahoma City Water Utilities Trust in receiving Consultant Review Committee Report, Project WT-0050 and Project ST-0093, laboratory renovations at Hefner Water Treatment Plant, 4000 NW 108th Street; and authorization to negotiate a contract. Ward 8.

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

I. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving:
1. Ridgeview Elementary School project requirements, 10010 Ridgeview Drive, The Village.
2. Telstar Elementary School project requirements, 9521 NE 16th Street, Midwest City.
3. Willow Brook Elementary School project requirements, 8105 NE 10th Street, Midwest City.

CONCURRED: I. 1-3. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. MAPS PROJECT OFFICE.

J. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving the application of funding:
1. Millwood Public School District, renovation of the Falcon's Nest, Millwood High School, 6718 Martin Luther King Avenue, $190,000. Ward 7.
2. Piedmont Public School District, install an entrance drive, Piedmont High School, 1055 Edmond Road Northwest, Piedmont, $18,283.

VII. J. 3. Piedmont Public School District, roof repairs, Piedmont Elementary School, 1011 Piedmont Road North, Piedmont, $44,242.

CONCURRED: J. 1-3. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. MAPS PROJECT OFFICE.

K. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in receiving the Consultant Review Committee Reports, Project EB-0007, new 1,000-student high school (John Marshall High School), NW 122nd Street and Portland Avenue; and recommending the Oklahoma City Public Schools Board of Education authorize the Trust to negotiate a contract for architectural services. Ward 8.

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

L. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in receiving the Consultant Review Committee Report, Project ES-0006 AND Project ES-0007, sales tax funded fire alarm installation, (10 locations); and authorization to negotiate a contract for architectural services. Wards 2, 4, 5, 6, 7 and Spencer.

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

M. Concurrence with the Oklahoma City Public Property Authority in approving specifications to be advertised for bids, Natural Gas Purchase and Supply Management Service Contract, (six locations). Wards 3, 4, 6, 7, and 8.

CONCURRED. BID RECEIPT DATE: MAY 20, 2003. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, 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-537) 3001 West Memorial Road, ABC-2 Alcoholic Beverage Consumption, Restaurant With Alcohol overlaying the C-3 Community Commercial. Ward 8.

ADOPTED WITHOUT EMERGENCY. ORD. #22,199. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PLANNING DEPARTMENT.


2. (PC-9773) 21111 SE 104th Street from AA Agricultural to R-A Single Family Rural Residential. Ward 4.

ADOPTED WITHOUT EMERGENCY. ORD. #22,200. MOVED BY RINEHART, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PLANNING DEPARTMENT.


3. (PC-9788) 12300 South Portland Avenue from PUD-507 Planned Unit Development to R-1 Single Family Residential. Ward 5.

ADOPTED WITHOUT EMERGENCY. ORD. #22,201. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PLANNING DEPARTMENT.


4. (PC-9791) 1312 South Pennsylvania Avenue from R-1 Single Family Residential to C-3 Community Commercial. Ward 6.

ADOPTED WITHOUT EMERGENCY. ORD. #22,202. MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: MCATEE. PLANNING DEPARTMENT.


VIII. A. 5. (PUD-923) 16301-16425 North Pennsylvania Avenue and 2100-2236 NW 164th Street from R-1 Single Family Residential to PUD-923 Planned Unit Development. Ward 8.
Easement to be accepted.
Planning Commission approval subject to the Summary of Technical Evaluation as amended.

ADOPTED WITHOUT EMERGENCY. ORD. #22,203. EASEMENT ACCEPTED. APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: MCATEE. PLANNING DEPARTMENT.

B. Ordinance on final hearing (emergency) recommended for approval (CE-604) closing an eight-foot portion of a platted 15-foot utility easement in Lot 8, Block 76, Surrey Hills, Section 9, 11725 Hackney Lane. Ward 8.

ADOPTED WITHOUT EMERGENCY. ORD. #22,204. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: MCATEE. PLANNING DEPARTMENT.

C. Ordinance on final hearing, relating to Personnel and Retirement Systems; amending Sections 40-131 and 40-132, Division 2, Article III, Chapter 40 of the Oklahoma City Municipal Code, 2002, regarding eligibility in The City of Oklahoma City's deferred compensation program under §457 of the Internal Revenue Code, extending participation in the deferred compensation program to elected officials.

ADOPTED. ORD. #22,196. MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. PERSONNEL DEPARTMENT.

D. Ordinance on final hearing, relating to Motor Vehicles and Traffic, amending Chapter 32 of the Oklahoma City Municipal Code, 2002, amending Section 32-613 to require owners or operators of vehicles using public highways or public streets to maintain liability insurance or other security as set forth by State law.

ADOPTED. ORD. #22,197. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. MUNICIPAL COURT.



VIII. E. Ordinance on final hearing, relating to the General Schedule of Fees, amending Section 60-35-11 of Article III of Chapter 60 increasing cost for weed abatement; amending Section 60-35-16 of Article IV, increasing cost for trash abatement; amending Section 60-35-17 of Article V, increasing cost for boarding and securing structures; and amending Section 60-35-18 of Article V, increasing cost for demolition of dilapidated structures.

ADOPTED. ORD. #22,198. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.

F. 1. Public hearing re:
a. 1101 SW 17th Street (house) Ward 6
b. 1519 NW 18th Street (garage) Ward 6
c. 716 SE 22nd Street (house, garage with attached carport) Ward 7
d. 900 NW 23rd Street (house) Ward 6
e. 124 NW 30th Street (house) Ward 7
f. 1233 NW 97th Street (east shed, west shed, barbecue pit) Ward 2
g. 713 NW 110th Street (hot water closet, addition to cinderblock, house) Ward 2
h. 2347 West Sheridan Avenue (house) Ward 6
Deferred from February 25, 2003.
i. 2128 SW 34th Street (house) Ward 6
Deferred from February 25, 2003.
j. 1032 NW 85th Street (front house, rear house, cinderblock house, travel trailer, metal shed, cistern, wood shed) Ward 2
Deferred from March 25, 2003.
2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of April 23, 2003 and May 23, 2003 for commencement and completion of removal by owners.

ADOPTED: F. 1. a-c, f, i, j. DEFERRED TO MAY 28, 2003: 1. d. STRICKEN: 1. e, g, h. MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.


VIII. G. 1. Public hearing re:
a. 1820 North Cherry Avenue (house) Ward 7
b. 3521 South Shartel Avenue (house) Ward 6
c. 1501 NE 14th Street (house) Ward 7
d. 3020 SW 21st Street (house) Ward 6
e. 3210 SW 24th Street (house, shed) Ward 6
f. 3921 SW 24th Street (house) Ward 3
g. 1617 SW 29th Street (house, garage) Ward 6
h. 1032 NW 85th Street (west house, north shed, south shed) Ward 2
Deferred from March 25, 2003.
2. Resolution declaring the structures are unsecured.

ADOPTED: G. 1. a-d, f-h. STRICKEN: 1. e. MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.

H. 1. Public hearing on Cox Communications Oklahoma City High Definition Television converter set-top box equipment and installation rates together with FCC Form 1205; and
2. Resolution and order approving the March 24, 2003, High Definition Television converter set-top box equipment and installation rate submission of Cox Communications Oklahoma City pursuant to current FCC benchmarks and regulations.

PUBLIC HEARING HELD: H. 1. ADOPTED: H. 2. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: CORNETT. PUBLIC INFORMATION OFFICE.

I. Joint resolution with the Oklahoma City Public Property Authority approving a Licensing and Naming Rights Agreement with Oklahoma Ford Dealers for the new MAPS Arena, 100 West Reno Avenue, retroactive to June 1, 2002. Ward 7.

ADOPTED. MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: CORNETT. CITY MANAGER'S OFFICE.


VIII. J. Revocable Permit for holding "Oklahoma City Memorial Marathon", April 27, 2003, sponsored by Oklahoma City Marathon, Inc. Ward 6.

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

K. Resolution approving a request to the Governor of the State of Oklahoma to designate The City of Oklahoma City as an independent Workforce Investment Area under the Workforce Investment Act of 1998; and authorization to sign all necessary documents.

DEFERRED TO APRIL 29, 2003. PERSONNEL DEPARTMENT.

L. 1. Joint resolution with the Oklahoma City Municipal Facilities Authority authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employee Oklahoma City Police Officer Barry Niles in the United States Court for the Western District of Oklahoma, Case Number CIV-02-1791-M, styled: Christopher Johnson v. Barry Niles, Oklahoma Police Department Springlake Division.
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: L. 1. NO ACTION TAKEN: L. 2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: CORNETT. MUNICIPAL COUNSELOR'S OFFICE.

M. 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 FOSHEE, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: CORNETT.


VIII.
N. 1. Claims recommended for denial:
a. Joel Applebaum $96.50
b. Thomas L. Klein $908.52
c. Alan T. McKay $114.50
d. Stephen W. Wainwright $735.56
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: N. 1. NO ACTION TAKEN: N. 2. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: CORNETT. MUNICIPAL COUNSELOR'S OFFICE.


IX. A. 1. Claims for Approval.
a. Forrest and Sharon Mitchell $674.88
b. Southwestern Bell Telephone $513.49
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 SIMANK, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN. ABSENT: CORNETT. MUNICIPAL COUNSELOR'S OFFICE.


X. Items from Council.

Mr. Bowman said he learned about an event last week where two young men ran a stop sign and a street marker over in the Britton neighborhood in the wee hours of the morning. A Britton homeowner called the Police to report the downed stop sign and within one hour the signs were up and repaired. Mr. Bowman said it was remarkable for The City to act so quickly.

Mr. Bowman said new county commissioner, Jim Roth, and some of his staff met with a few City Hall administrators last Friday. Mr. Bowman was pleased with the County's willingness to partner with Oklahoma City to work on some projects to fill potholes, repair bridges, mow lots, and similar projects.

Mr. Cornett said the Riverbend neighborhood is meeting tonight at Kenneth Cooper Middle School. He said he would be there and invited all the neighbors to attend.

X.

Mr. McAtee thanked Paul Brum, Public Works Director, for attending the Westbury North neighborhood meeting last night. Mr. Brum and his staff discussed the project to widen SW 15th Street from Morgan Road to Sara Road. He said Markwell Paving was also in attendance at this meeting.

Mr. McAtee commended the Westbury North Neighborhood Association for making plans to revitalize the association. He said it was fitting that National Volunteer Week was coming up because it is the volunteers that make our neighborhoods great.

Mr. McAtee also thanked Rebekah Zahn, Executive Director of Neighborhood Alliance, and Mr. Springer, Superintendent for Mustang Schools, for participating in the Westbury North meeting.

Mr. Rinehart said littering continues to be a problem for Oklahoma City. He said he found Oklahoma City ordinances say littering fines should not exceed $200 and Oklahoma state laws say littering fines should be no less than $200. He asked if Oklahoma City ordinances could mirror Oklahoma state laws.

Ms. Diane Lewis, Deputy Municipal Counselor, said it was possible for Oklahoma City ordinances to mirror Oklahoma state laws. Ms. Lewis said the Municipal Counselor's Office would do some research about mirroring the State's littering ordinances.

Mr. Rinehart asked if anything could be done about the trucks parked in front of the Ford Center on ramps with price stickers on them. He also wanted to know if the ramps could be covered with brick or some other surface that matches the building.

Mr. Rinehart said Crossroads Mall is going to have a Veterans Wall of Fame for the next month. This wall will be available for family members of prior military, current enlisted and current officers of any branch of the military to place photos of their loved ones on the wall. He encouraged everyone to take part and show their pride by taking photos to be displayed on this wall.

Mr. Foshee said he received several phone calls from citizens who had been out to Earlywine Park over the Easter holiday weekend. He said there are no bathroom facilities for people using the park. He suggested the park be supplied with some portable bathrooms.

Ms. Simank wanted her neighbors around NW 10th Street to know that she spoke to Mr. Brum about the delay with the street lamps. She said the lamps would be installed once OG&E gets the poles up.

X.

Ms. Simank said her thoughts and prayers are with Councilwoman Johnson and her family during this difficult time.

Mr. Foshee asked everyone to pray for Councilwoman Johnson and her family.

Mr. Liebmann said he talked with Councilwoman Johnson yesterday and he offered his condolences to the Johnson family as well.

Mr. Liebmann said he and his wife, Judy, just returned from a road trip to California where they spent a couple weeks. He said this is the first time they've driven instead of flying. He was surprised at how many other states are doing massive highway projects while Oklahoma is having a difficult time replacing the crosstown. The worst roads on the trip to California are from Oklahoma City to Amarillo, Texas and he said Oklahoma should be ashamed.

Mayor Humphreys said for years the legislature has diverted gasoline tax to other uses and, consequently, the gasoline taxes are not being spent on roads.

Mr. Liebmann said it was refreshing to come back through the desert and then to arrive in Oklahoma all green and in bloom.

Mr. Foshee said Phoenix mixes old tires in with the asphalt and it causes the roads to last longer and the ride on those roads is much smoother and quieter.


XI. Citizens to be Heard.

Mark Powers, 331 SE 49th Street, complained about lack of response to a concern he had expressed to the Animal Welfare Department. The City Manager referred him to Neighborhood Services to address the concern.


XII. City Manager Reports.

1. Curfew Violations for the First Quarter 2003
2. April 2003 Sales and Use Tax Collections



XIII. Adjournment. 10:55 a.m.





_____________________________
Kirk Humphreys
Mayor

ATTEST:





_____________________________
Frances Kersey
City Clerk

 

_____________________________
James D. Couch
City Manager