THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

JULY 29, 2003

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on July 25, 2003.)

    I. Invocation and Pledge of Allegiance.

INVOCATION BY COUNCILMAN MCATEE.

PLEDGE LED BY COUNCILMAN CORNETT.

 

   II. Call to Order.  8:36 a.m.

MAYOR HUMPHREYS PRESIDING.

SAM BOWMAN ABSENT.

  III. From the Office of the Mayor.

     A. Appointment of Tammy Ryan to the Traffic and Transportation Commission.

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

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

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

     B. Approve Journal of Council Proceedings for July 1, 2003.

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

    V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING.  8:40 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY.  8:40 a.m.

(Majority of a Quorum required for approval)

     1. Approve the Oklahoma City Municipal Facilities Authority Budget for Fiscal Year 2003-04.

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

     2. a. Joint resolution authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employees, Oklahoma City Police Officers Greg Driskill, Eddy J. Dyer, Michael Zidek, Chris Jameson, and Sgt. Scott Samuel in the United States Court for the Western District of Oklahoma, Case No. CIV-03-0911-M, styled: Donald Pete vs. The City of Oklahoma City, et al.

          AND/OR

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

ADOPTED:  2. a.  NO ACTION TAKEN:  2. b.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

ADJOURN OCMFA.  8:40 a.m.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY.  8:40 a.m.

(Five of nine affirmative votes required for approval.)

     1. Approve the Oklahoma City Public Property Authority Budget for Fiscal Year 2003-04.

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

OCPPA. 2. Resolution approving SMG Operating Policies and Procedures for management and operations of the Cox Business Services Convention Center, One Myriad Gardens, and Ford Center, 100 West Reno Avenue.  Ward 7.

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

     3. Joint resolution approving renewal of the Agreement with Rose State College for management of Rose State Performing Arts Theater, retroactive to July 1, 2003 through June 30, 2004.

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

       4. Agreement with OKT Investors, L.L.C., for lease of space on the eighteenth floor and license agreement for placement of antennas on the roof of the Oklahoma Tower Building, as a part of the 800MHz Trunked Radio Communications System, estimated annual cost $76,000, 210 Park Avenue, August 1, 2003 through August 31, 2013.  Ward 6.

APPROVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PUBLIC SAFETY PROJECT OFFICE.

ADJOURN OCPPA.  8:41 a.m.

RECONVENE COUNCIL MEETING.

   VI. Consent Docket.

       A. Renewal of contract for Alliance Maintenance, Inc., (R4-C37047), janitorial services for the Fire Department, retroactive to July 1, 2003 and continuing through June 30, 2004.

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

   VI. B. Renewal of sole source agreement, The Journal Record Co. (SS4-C27002), publication of legal notices, estimated cost $70,000, retroactive to July 1, 2003 and continuing through June 30, 2004.

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

       C. Ordinances to be introduced and set for final hearing August 26, 2003:

          1. (ABC-543) 3015 West Memorial Road, ABC-2 Alcoholic Beverage Consumption, Restaurant with Alcohol overlaying the C-3 Community Commercial District.  Ward 8.

          2. (PC-9818) 15201 SE 44^th Street from AA Agricultural to R-A Single Family Rural Residential.  Ward 4.

          3. (PUD-933) 1000 NW 150^th Street from R-1 and      C-3/CUP-50 Single Family Residential and Community Commercial/Community Unit Plan to   PUD-933 Planned Unit Development.  Ward 8.

          4. (PUD-940) 16209-16309 North Pennsylvania Avenue from R-1 Single Family Residential and PUD-923 Planned Unit Development to PUD-940 Planned Unit Development.  Ward 8.

          5. (SPUD-326) 1200 SW 104^th Street from R-4 General Residential to SPUD-326 Simplified Planned Unit Development.  Ward 5.

          6. (SPUD-327) 1500 SW 89^th Street from O-2 General Office to SPUD-327 Simplified Planned Unit Development.  Ward 5.

INTRODUCED AND SET FOR FINAL HEARING AUGUST 26, 2003:  C. 1-6.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PLANNING DEPARTMENT.

       D. 1. Ordinance to be introduced and set for final hearing September 9, 2003, (CE-614) closing the north 8.5 feet of the platted 16-foot utility easement in Lot 1, Block 33, The Greens, Section Six, 4300 Windsong Way.  Ward 8.

   VI. D. 2. Resolution establishing a date for enactment of said ordinance and determining those entitled to notice.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 9, 2003:  D. 1.  ADOPTED:  D. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PLANNING DEPARTMENT.

       E. 1. Ordinance to be introduced and set for final hearing September 9, 2003, (CE-615) closing the east 100 feet of a platted 20-foot alley located between Block 1, Bennett and Gerson Addition and Block 4, Edwards Addition, extending west from North Walker Avenue between Dean A. McGee Avenue and NW 4^th Street.  Ward 6.

          2. Resolution establishing a date for enactment of said ordinance and determining those entitled to notice.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 9, 2003:  E. 1.  ADOPTED:  E. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PLANNING DEPARTMENT.

       F. 1. Ordinance to be introduced and set for final hearing September 9, 2003, (CE-616) closing a 20-foot utility easement in Block 65, Shields South Addition, extending from SE 29^th Street to SE 30^th Street, west of South Shields Boulevard.  Ward 7.

          2. Resolution establishing a date for enactment of said ordinance and determining those entitled to notice.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 9, 2003:  F. 1.  ADOPTED:  F. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PLANNING DEPARTMENT.

   VI. G. Ordinance to be introduced and set for final hearing August 26, 2003, (SP-342) Special Permit to erect a telecommunication tower (100-foot monopole) in the O-2 General Office District, 4312 North Classen Boulevard.  Ward 2.

INTRODUCED AND SET FOR FINAL HEARING AUGUST 26, 2003.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PLANNING DEPARTMENT.

       H. Cooperative Agreement with the Board of Regents of the University of Oklahoma for the United States Environmental Protection Agency Superfund Redevelopment Project SR-976122-01-0 to develop a reuse plan for four Superfund sites, retroactive to July 1, 2003 through December 31, 2003, $50,322.  Ward 7.

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

       I. Resolution rescinding Community Development Block Grant funds previously designated for specific street projects and reallocating those funds to other specific street resurfacing projects identified in income eligible census tracts, (five locations), $242,000.  Wards 2 and 6.

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

       J. Resolution approving an amended 2002-03 application for Certified Local Governments Program with the Oklahoma State Historical Society, State Historic Preservation Office, to increase the grant request by $3,785 for a total of $20,585 in grant funds; and approving the State Historic Preservation Office amended Subgrant Contract #02-607 reflecting the increased funding.

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

   VI. K. 1. Resolution accepting the irrevocable letter of credit and dedications contained in the final plat of Country Place Addition, Section 4, south of SW 134^th Street and west of Pennsylvania Avenue.  Ward 5.

          2. Resolution accepting the irrevocable letter of credit and dedications contained in the final plat of South Harbor Addition, Section 5, north of SW 104^th Street and west of May Avenue.  Ward 5.

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

       L. Resolution releasing the irrevocable letter of credit for Seminole Pointe, Section 11, south of NW 164^th Street and west of Pennsylvania Avenue.  Ward 8.

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

       M. Resolution authorizing the Director of the Neighborhood Services Department or his designee to let for bid specifications for construction of new homes in the Affordable New Home Construction Program and sign all contracts relating thereto; to let for bid, negotiate and sign contracts with real estate brokers for commission on the sale of new homes in the Affordable New Home Construction Program; and sign agreements for lender participation in the Affordable New Home Construction Program.

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

       N. 1. Allocation of $200,000 from 2000 General Obligation Bond Funds, Proposition No. 1 – Streets, Bond No. Unlisted Funds “(c)” – city-wide, Project PR-2-01/02, Phase II, street resurfacing project, Youngs Place, SW 39^th Street to SW 36^th Street; Barnes Place, SW 39^th Street to SW 36^th Street; SW 38^th Street, May Avenue to Villa Avenue.  Ward 6.

   VI. N. 2. Final specifications to be advertised for bids, Project No. PR-2-01/02 Phase II, resurfacing existing city streets, (twelve locations).  Ward 6.

APPROVED:  N. 1.  APPROVED AND AUTHORIZED:  N. 2.  BID RECEIPT DATE:  AUGUST 19, 2003.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       O. 1. Allocation of $700,000 from 2000 General Obligation Bond Funds, Proposition No. 1 – Streets, Bond No. Unlisted Funds “(c)” – city-wide, Project PR-3-01/02, Phase II, street resurfacing project, (seven locations).  Ward 2.

          2. Ratify and approve Addendum No. 1, adopt resolution extending time for award of contract and award contract to McConnell Construction, Inc., Project PR-3-01/02, resurfacing existing streets, Phase II, (13 locations), $1,467,348.45, assigning Oklahoma Testing Laboratories as testing laboratory; and approving contract and bonds.  Ward 2.

APPROVED:  O. 1.  RATIFIED, ADOPTED, AWARDED, ASSIGNED AND APPROVED:  O. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       P. Award of Contract to Wittwer Construction Company, Inc., Project DC-0155, drainage improvements, SW 74^th Street and South May Avenue, $1,097,133.20; assigning Terracon, Inc. as testing laboratory, and approving contract and bonds.  Ward 5.

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

       Q. Contract for engineering services:

          1. Clowers Engineering Company, Project PC-0257, streetscape and street improvements, NE 23^rd Street from I-235 to Bath Avenue, Phase II, fee of $172,000.  Ward 7.

          2. Crafton, Tull & Associates Inc., Project PC-0256, NE 23^rd Street streetscape, I-35 to Bath Avenue, fee of $176,000.  Ward 7.

   VI. Q. 3. White Engineering Associates, Inc., Project MC-0127, retroactive to July 1, 2003 through June 30, 2004.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

APPROVED:  Q. 1-3.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       R. Ratify and approve Addendum No. 1 and award contract to Muskogee Bridge Company, Inc., Project BC-0141, Unit Price Bridge Maintenance Contract, city-wide, not to exceed $100,000; assigning Burgess Engineering and Testing as testing laboratory; and approving contract and bonds.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

       S. Ratify and approve Addendum No. 1 and award contract to Plains Bridge Contracting of OK, LLC, Project BC-0157, Unit Price Small Bridge Replacement, not to exceed $500,000; assigning Standard Testing and Engineering Company as testing laboratory and approving contract and bonds.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

       T. Renewal of contract, appraisal consulting services with Real Estate Services Corporation, Project MC-0150, appraisal services, city-wide, retroactive to July 1, 2003 through June 30, 2004.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

   VI. U. Amendment No. 1 and Change Order No. 1, Project DC-0204, fairgrounds drainage improvements, Oklahoma State Fairgrounds, 500 Land Rush Avenue, increase of $24,172.80.  Ward 6.

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

       V. Change Order No. 4, Project MB-0572, new Central Maintenance Facility, Phase II, west of Portland Avenue, south of SW 15^th Street, increase of $32,813.22.  Ward 3.

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

       W. Ratify and approve addenda Nos. 1, 2, 3 and 4, Project MC-0135, Galleria Parking Garage Expansion, Sheridan Avenue and Hudson Avenue, and Project PC-0242, Harvey Avenue Street expansion, and authorization to return deposits.  Ward 6.

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

       X. 1. Allocation of $50,000 from 2000 General Obligation Bond Funds, Proposition No. 4 – Drainage, Bond No. Unlisted Funds “(a)”, city-wide, Project BC-0141, Unit Price Bridge Maintenance Contract.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

          2. Allocation of $42,500 from 2000 General Obligation Bond Funds, Proposition No. 2 – Bridges, Unlisted Funds “(b)” – Advanced Bridge Design & Engineering, Project BC-0148, Cimarron Road over Interstate 40 and Project BC-0149, Rockwell Avenue over Interstate 40.  Ward 3.

          3. Allocation of $242,505 from 2000 General Obligation Bond Funds, Proposition No. 2 – Bridges, Unlisted Funds “(b)” – Advanced Bridge Design & Engineering, Project BC-0151, NW 12^th Street; NW 16^th Street; NW 19^th Street; NW 23^rd Street; NW 36^th Street and SW 29^th Street over Interstate 44.  Wards 1, 2, 3, 6 and 8.

   VI. X. 4. Allocation of $36,000 from 2000 General Obligation Bond Funds, Proposition No. 2 – Bridges, Unlisted Funds “(b)” – Advanced Bridge Design & Engineering, Project BC-0153, Memorial Road, east of MacArthur Boulevard.  Ward 8.

          5. Allocation of $350,000 from 2000 General Obligation Bond Funds, Proposition No. 4 – Drainage, Bond No. Unlisted Funds “(a)” – city-wide, Project DC-0213, mobile hydraulic crane.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

          6. Allocation of $10,000 from 2000 General Obligation Bond Funds, Proposition No. 2 – Bridges, Bond No. Unlisted Funds “(a)” – city-wide, Project MC-0129, small bridge inspection.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

          7. Allocation of $1,020,000 from 1995 General Obligation Bond Funds, Proposition No. 1 – Streets, Unlisted Funds “(c)” – city-wide, Project PC-0242, Harvey Avenue street extension.  Ward 6.

          8. Allocation of $200,000 from 2000 General Obligation Bond Funds, Proposition No. 1 – Streets, Bond No. Unlisted Funds “(c)” – city-wide, Project PC-0263, post installer.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

          9. Allocation of $7,000 from 2000 General Obligation Bond Funds, Proposition No. 3 – Traffic, Unlisted Funds “(c)” – Advanced Design & Engineering, Project TC-0320, Grand Boulevard and Reno Avenue.  Ward 7.

          10. Allocation of $7,000 from 2000 General Obligation Bond Funds, Proposition No. 3 – Traffic, Unlisted Funds “(c)” – Advanced Design & Engineering, Project TC-0322, High Avenue and SE 29^th Street.  Ward 7.

          11. Allocation of $7,000 from 2000 General Obligation Bond Funds, Proposition No. 3 – Traffic, Unlisted Funds “(c)” – Advanced Design & Engineering, Project TC-0325, Portland Avenue and Interstate 40.  Wards 3 and 6.

          12. Allocation of $7,000 from 2000 General Obligation Bond Funds, Proposition No. 3 – Traffic, Unlisted Funds “(c)” - Advanced Design & Engineering, Project TC-0326, Rockwell Avenue and Reno Avenue.  Ward 3.

   VI. X. 13. Allocation of $7,000 from 2000 General Obligation Bond Funds, Proposition No. 3 – Traffic, Unlisted Funds “(c)” – Advanced Design & Engineering, Project TC-0327, Sooner Road and SE 134^th Street.  Ward 4.

          14. Allocation of $10,000 from 2000 General Obligation Bond Funds, Proposition No. 3 – Traffic, Bond No. Unlisted Funds “(b)” – city-wide, Project TC-0334, traffic signal equipment.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

APPROVED:  X. 1-14.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       Y. Interlocal Agreement with Canadian County for street improvements for public streets that are common to Oklahoma City and Canadian County, retroactive to July 1, 2003 through June 30, 2004.  Wards 1, 3 and 8.

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

       Z. Final acceptance, Project MP-0293, park shelter improvements, (nine locations), and placing maintenance bond into effect.  Wards 2, 3, 4, 5, 6 and 7.

ACCEPTED AND PLACED IN EFFECT.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       AA. Acceptance:

          1. Project SC-0640, sanitary sewer improvements, SE 29^th Street and Douglas Boulevard.  Ward 4.

          2. Project SC-0640, sanitary sewer improvements, SE 29^th Street and Douglas Boulevard.  Ward 4.

ACCEPTED:  AA. 1, 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

   VI. BB. Approve grant of permanent electric utility easement by the Central Oklahoma Transportation and Parking Authority, Project MB-0668, Downtown Transit Center to Oklahoma Gas & Electric, between NW 4^th Street and NW 5^th Street and east of Hudson Avenue.  Ward 6.

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

       CC. Revocable Pipeline Permits:

          1. Duke Energy Field Services, LP to construct and maintain a 2” natural gas pipeline, NW 164^th Street, west of Pennsylvania Avenue.  Ward 8.

          2. Duke Energy Field Services, LP to construct and maintain a 12” natural gas pipeline, NW 164^th Street, west of Pennsylvania Avenue.  Ward 8.

          3. Duke Energy Field Services, LP to construct and maintain a 4” natural gas pipeline, South High Avenue, south of SW 44^th Street.  Ward 4.

APPROVED:  CC. 1-3.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       DD. Resolution extending time to award contract and awarding contract to Johnson Building Co., Inc., Project DM-0224, channel cleaning and maintenance, (11 locations), $43,066; and approving contract and bonds.  Wards 4 and 5.

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

       EE. Amendment to Memorandum of Understanding with the Oklahoma City Metropolitan Area Public Schools Trust and Independent School District No. 22 (Piedmont Public School District), establishing 50% as bond indebtedness limitation percentage for OCMAPS sales tax funds.

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

   VI. FF. Lease agreement with Young Men’s Christian Association of Greater Oklahoma City for Lincoln Community Center, 4712 Martin Luther King Boulevard, retroactive to July 1, 2003 through June 30, 2004.  Ward 7.

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

       GG. Joint resolution with the Oklahoma City Public Property Authority approving renewal of the Agreement with Rose State College for management of Rose State Performing Arts Theater, retroactive to July 1, 2003 through June 30, 2004.

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

       HH. Oklahoma City Airport Trust Agreement, Supplemental Agreement No. 14, to Lease and Operations Agreement as amended and dated May 16, 1988 between the Oklahoma City Airport Trust and Sierra Aviation, Inc., to provide construction of a hangar for aircraft storage and office space of approximately 2,000 square feet.  Wiley Post Airport.  Ward 1.

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

       II. Permit to conduct aerial demonstration, U.S. Events and Marketing, Inc., dba Balloon Fest, LLC, staging and conducting an aerial demonstration in conjunction with hosting a hot air balloon festival, August 8 and 9, 2003, Wiley Post Airport.  Ward 1.

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

       JJ. Receive:

          1. Fiscal Year 2003-04 Oklahoma City Municipal Facilities Authority Budget.

   VI. JJ. 2. Fiscal Year 2003-04 Oklahoma City Public Property Authority Budget.

RECEIVED:  JJ. 1, 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  FINANCE DEPARTMENT.

       KK. Resolution approving agreement with MidFirst Bank for Housing Partnership Programs within the Neighborhood Revitalization Strategy Area, between NW 36^th Street, SW 44^th Street, Bryant Avenue and Portland Avenue; and authorizing the Director of Neighborhood Services or his designee to execute all documents related to the loan closing process.  Wards 2, 4, 6 and 7.

ADOPTED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

       LL. Resolution accepting a donation of $20,000 from Best Friends of the Oklahoma City Animal Welfare Division, for veterinary services.

ADOPTED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

       MM. Professional Services Agreements:

          1. Community Action Agency of Oklahoma City and Oklahoma/Canadian Counties, Inc., for the administration of City funds in support of the Capitol Hill Main Street Program and incorporating the Operating Agreement between the Community Action Agency and the Capitol Hill Main Street Program, $30,000, SW 25^th Street (Commerce) between Walker Avenue and Shields Boulevard, retroactive to July 1, 2003 through June 30, 2004.  Ward 6.

          2. John Montgomery for federal legislative consulting services, not to exceed $72,000, retroactive to July 1, 2003 through June 30, 2004.

   VI. MM. 3. Milner Group for state legislative consulting services, not to exceed $80,000, retroactive to July 1, 2003 through June 30, 2004.

APPROVED:  MM. 1-3.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  CITY MANAGER’S OFFICE.

       NN. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,279.81 and all costs of the action in the Oklahoma County District Court in the claim filed by Southwestern Bell Telephone.

          2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,476.41 and all costs of the action in the Oklahoma County District Court in the claim filed by Southwestern Bell Telephone.

          3. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $3,111.14 and all costs of the action in the Oklahoma County District Court in the claim filed by Jaretta Stehr.

          4. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $3,716.88 and all costs of the action in the Oklahoma County District Court in the claim filed by Jill Turner.

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

       OO. Contract for Goods and Services with Francis Tuttle Technology Center, performance of instruction for customers of the Central Oklahoma Workforce Center, $4,792.50, July 31, 2003 through June 30, 2004.

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

   VI. PP. Resolution approving an application to the United States Environmental Protection Agency in the amount of $200,000 in grant funds over a two-year period, awarded to The City of Oklahoma City, through the Office of Workforce Development, to create a Brownfields Job Training Program.

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

       QQ. Sole source agreement with Leadership Oklahoma City, Inc., to continue the Youth Council of Oklahoma City, not to exceed $27,250, retroactive to July 1, 2003 through June 30, 2004.

APPROVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  CITY COUNCIL SUPPORT.

       RR. Agreement with Oklahoma County, for placement of a microwave communications site on the penthouse of the Oklahoma County Jail Building, 201 North Shartel Avenue, retroactive to July 1, 2003 through June 30, 2023.  Ward 6.

APPROVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  PUBLIC SAFETY PROJECT OFFICE.

       SS. Professional Services Agreement with the Capitol Chamber of Commerce for the Eastside Capitol Gateway Main Street Program, $65,148, NE 23^rd Street, I-35 to I-235, retroactive to July 1, 2003 through June 30, 2004.

APPROVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, 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:

          1. Addendum No. 2, Project WT-0033, Draper Water Treatment Plant high lift 2 and 4 pump/motor replacement and high lift bay floor replacement.  Ward 4.

          2. Addendum No. 3, Project WT-0033, Draper Water Treatment Plant high lift 2 and 4 pump/motor replacement and high lift bay floor replacement.  Ward 4.

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

     B. Concurrence with the Oklahoma City Water Utilities Trust in approving plans and specifications to be advertised for bids:

          1. Project SC-0640, Phase I, sanitary sewer relief line, SE 29^th Street to SE 59^th Street from Post Road to Sooner Road.  Ward 4.

         2. Project SM-0113, Phase II, roofing and structural repair, Overholser Main and Filter Building, 601 North Pennsylvania Avenue and Overholser Boiler Building, 501 North Pennsylvania Avenue.  Ward 6.

          3. Project WC-0456, water main replacement, NW 19^th Street to NW 23^rd Street between North Geraldine Avenue to Portland Avenue.  Ward 3.

CONCURRED:  B. 1-3.  BID RECEIPT DATE:  AUGUST 5, 2003.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     C. Concurrence with the Oklahoma City Water Utilities Trust in approving Change Order No. 1:

          1. Project ST-0082, rehabilitation of raw sewage pump buildings, Phases I and II, North Canadian Wastewater Treatment Plant, 12800 North Anderson Road, increase of $29,781.26.  Ward 7.

  VII. C. 2. Project ST-0091, replacement of fine bubble diffusers, North Canadian Wastewater Treatment Plant, 12800 North Anderson Road, increase of $1,173.  Ward 7.

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

     D. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contract to United Trenching, Inc., Project SC-0609, Phase II, Deep Fork new relief line, NW 41^st Street and Pennsylvania Avenue to NW 35^th Street and May Avenue, $2,922,128.50; and approving contract and bonds.  Ward 2.

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

     E. Concurrence with the Oklahoma Metropolitan Area Public Schools Trust in approving the application of funding:

 

         1. Crooked Oak Public School District, student desks, Crooked Oak High School, 1901 SE 15^th Street, $5,212.80.  Ward 7.

         2. Millwood Public School District, computers, Millwood Elementary, 6710 Martin Luther King Avenue, $11,244.  Ward 7.

         3. Moore Public School District, all secondary schools, band instruments, $292,003.  Ward 5 and Moore.

         4. Moore Public School District, all secondary schools, band uniforms, $73,933.20.  Ward 5 and Moore.

CONCURRED:  E. 1,2.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  CONCURRED:  E. 3,4.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  NAY: JOHNSON.  ABSENT: MCATEE.  MAPS PROJECT OFFICE.

  VII. F. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in receiving the Consultant Review Committee Report:

          1. Project EB-0008, Ridgeview Elementary School, 10010 Ridgeview Drive, and recommending the Oklahoma City Public Schools Board of Education authorize negotiation of a contract for architectural services with Michael Mahafeey & Associates.  The Village.

          2. Project EB-0009, Telstar Elementary School, 9521 NE 16^th, and recommending the Oklahoma City Public Schools Board of Education authorize negotiation of a contract for architectural services with Hite McCoy Architects.  Midwest City.

          3. Project EB-0010, Willow Brook Elementary School, 8105 NE 10^th Street, and recommending the Oklahoma City Public Schools Board of Education authorize negotiation of a contract for architectural services with Cobb Architecture.  Midwest City.

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

     G. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in recommending the Oklahoma City Public Schools Board of Education approve the Preliminary Report, Project EB-0006, roof replacement and selective masonry restoration, Willard Alternative Center, 1400 NW 3^rd Street.  Ward 6.

CONCURRED.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  PUBLIC WORKS 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-541) 3925 North Lincoln Boulevard, ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying the C-3 Community Commercial District.  Ward 7.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,273.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  PLANNING DEPARTMENT.

          2. (PC-9811) 1415 SW 149^th Street from AA Agricultural to R-A Single Family Rural Residential.  Ward 5.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,274.  MOVED BY FOSHEE, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  PLANNING DEPARTMENT.

          3. (PC-9812) 14516 SE 134^th Street from AA Agricultural to R-A Single Family Rural Residential.  Ward 4.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,275.  MOVED BY RINEHART, SECONDED BY JOHNSON.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  PLANNING DEPARTMENT.

          4. (PC-9815) 1829 NW 3^rd Street from R-2 Medium Low Density Residential to I-2 Moderate Industrial.  Ward 6.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,276.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  PLANNING DEPARTMENT.

VIII. A. 5. (PUD-922) 9155 NW Expressway from R-1 Single Family Residential to PUD-922 Planned Unit Development.  Ward 1.

          Planning Commission approval subject to the Summary of Technical Evaluation as amended.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,277.  APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY CORNETT, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  PLANNING DEPARTMENT.

          6. (PUD-932) 2932 NW Grand Boulevard from R-1 Single Family Residential, SPUD-235 Simplified Planned Unit Development, and SPUD-236 Simplified Planned Unit Development to PUD-932 Planned Unit Development.  Ward 2.

          Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,278.  APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION.  MOVED BY CORNETT, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  PLANNING DEPARTMENT.

          7. (SPUD-322) 3916 and 3920 NW 36^th Street from O-2 General Office to SPUD-322 Simplified Planned Unit Development.  Ward 1.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,279.  MOVED BY CORNETT, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  PLANNING DEPARTMENT.

          8. (SPUD-324) 12801 South Western Avenue from R-4 General Residential and SPUD-307 Simplified Planned Unit Development to SPUD-324 Simplified Planned Unit Development.  Ward 5.

          Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,280.  APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  PLANNING DEPARTMENT.

VIII. B. Ordinance on final hearing, relating to Motor Vehicles and Traffic, amending Chapter 32, Section 32-319 of the Oklahoma City Municipal Code, 2002, by incorporating recent State law changes regarding physically disabled parking and amending the penalty for physically disabled parking violations.

 

ADOPTED.  ORD. #22,272.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  MUNICIPAL COURTS.

     C. 1. Public hearing re:

         a. 1601 North Broadway Avenue (commercial building)  Ward 7

          b. 5409 North Hiwassee Road (shed)  Ward 7

          c. 2804 South Robinson Avenue aka 2800 South Robinson Avenue (commercial building)  Ward 7

          d. 300 NE 3^rd Street (stairs)  Ward 7

          e. 1541 NW 3^rd Street (commercial building)  Ward 6

          f. 3236 NW 15^th Street (house)  Ward 6

          g. 3027 SW 23^rd Street (rear addition to house)  Ward 6

          h. 2310 SW 25^th Street (south house, middle garage)  Ward 6

          i. 110 SW 28^th Street (house)  Ward 7

          j. 1212 NW 39^th Street (garage)  Ward 2

          k. 1132 NW 45^th Street (front house, fence)  Ward 2

          l. 1308 NW 95^th Street (house)  Ward 2

          Deferred from May 28, 2003.

          2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of July 30, 2003 and August 29, 2003 for commencement and completion of removal by owners.

ADOPTED:  C. 1. a-c, e-g, i-k.  STRICKEN:  C. 1. d, l.  DEFERRED TO SEPTEMBER 23, 2003:  C. 1. h.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  NEIGHBORHOOD SERVICES DEPARTMENT.

VIII. D. 1. Public hearing re:

          a. 1714 West Park Place (house)  Ward 6

          b. 1729 West Park Place (house)  Ward 6

          c. 2717 Pine Avenue (house)  Ward 3

          d. 3534 South Shawnee Avenue (house)  Ward 3

          e. 904 NW 7^th Street (house)  Ward 6

          f. 2113 SW 13^th Street (middle house)  Ward 6

          g. 2911 NW 15^th Street aka 2909 NW 15^th Street (house, garage)  Ward 6

          h. 1523 SW 30^th Street (north house, south house)  Ward 6

          i. 2610 SW 57^th Place (house, shed)  Ward 4

          j. 728 NW 97^th Street (house)  Ward 2

          k. 1209 NW 98^th Street (house)  Ward 2

          l. 1425 NW 103^rd Street (house)  Ward 2

          2. Resolution declaring the structures are unsecured.

 

ADOPTED:  D. 1. a, c, h-j, l.  STRICKEN:  D. 1. b, d-g, k.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  NEIGHBORHOOD SERVICES DEPARTMENT.

     E. 1. Public hearing on Cox Communications Oklahoma City Basic Cable Service, Equipment and Installation Rate Summary together with FCC Forms 1205 and 1240.

          2. Resolution and Order approving the June 3, 2003 basic service, equipment and installation rate submission of Cox Communications Oklahoma City pursuant to current FCC benchmarks and regulations.

PUBLIC HEARING HELD:  E. 1.  ADOPTED AS AMENDED:  E. 2.  (SUBMITTED NEW 1205 FORM.)  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  CORNETT AND MCATEE.  PUBLIC INFORMATION AND MARKETING.

VIII. F. Resolutions on final hearing:

          1. Proposing amendments to the Charter of The City of Oklahoma City, calling a special election   for the purpose of submitting the proposed Charter amendments to the qualified voters, setting a special election date of October 14, 2003; and directing notice be published.

ADOPTED: PROPOSITIONS I-IX.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES: MAYOR HUMPHREYS, CORNETT, RINEHART, SIMANK AND LIEBMANN.  NAY:  FOSHEE AND JOHNSON.  ABSENT:  MCATEE.  MOTION TO AMEND PROPOSITION X: AMENDMENT: 500 SIGNATURES FOR CITY COUNCIL AND 2,500 FOR MAYOR.  MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, SIMANK AND LIEBMANN.  NAY:  RINEHART, FOSHEE AND JOHNSON.  ABSENT:  MCATEE.  (RINEHART VOTED NO IN ERROR.)  MOTION TO DEFER PROPOSITION X TO AUGUST 12, 2003:  FAILED.  MOVED BY FOSHEE, SECONDED BY JOHNSON.  AYES: RINEHART AND FOSHEE.  NAY:  MAYOR HUMPHREYS, CORNETT, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  (JOHNSON VOTED NO IN ERROR.)  ADOPTED: PROPOSITION X AS AMENDED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES: MAYOR HUMPHREYS, CORNETT, SIMANK AND LIEBMANN.  NAY:  RINEHART, FOSHEE AND JOHNSON.  ABSENT:  MCATEE.  FINANCE DEPARTMENT.

 

 

          2. Relating to the special election called by the Council of The City of Oklahoma City for the purpose of submitting proposed amendments to the Oklahoma City Charter and directing the City Clerk to submit the resolution to the Secretary of the Oklahoma County Election Board on or before August 1, 2003.

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

       G. Resolution approving the request for salary extension for Sergeant James Williams while he continues to require rehabilitation for an on-duty injury, for up to an additional six months, as permitted by State law, and providing for an effective date of July 8, 2003.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  POLICE DEPARTMENT.

VIII. H. 1. Resolution authorizing Richard C. Smith, Assistant Municipal Counselor, to represent and defend City employees M.T. Berry and Jessica Cummins in the case of Donald Pete vs. The City of Oklahoma City, et al., United States District Court for the Western District of Oklahoma, Case No. CIV-03-911-M.

          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 LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  MUNICIPAL COUNSELOR’S OFFICE.

       I. 1. Joint resolution authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employees, Oklahoma City Police Officers Greg Driskill, Eddy J. Dyer, Michael Zidek, Chris Jameson, and Sgt. Scott Samuel in the United States Court for the Western District of Oklahoma, Case No. CIV-03-0911-M, styled: Donald Pete vs. 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:  I. 1.  NO ACTION TAKEN:  I. 2.  MOVED BY JOHNSON, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  MUNICIPAL COUNSELOR’S OFFICE.

       J. 1. Joint resolution with the Oklahoma City Water Utilities Trust authorizing the Municipal Counselor to settle a collection matter against Vantage Paving, Inc. and Traffic & Lighting Systems Inc.

          AND/OR

 

VIII. J. 2. Enter into executive session with the Municipal Counselor to discuss said case as authorized by 25 O.S. (2001) §307(B)(4).

ADOPTED:  J. 1.  NO ACTION TAKEN:  J. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  MUNICIPAL COUNSELOR’S OFFICE.

       K. 1. Claims recommended for denial:

          a. Gaylan Adams  $6,394.12

          b. Marilyn Ann Glover  $184.48

          c. Wanda L. Spurlock  $500

          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).

ADOPTED:  K. 1.  NO ACTION TAKEN:  K. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  MUNICIPAL COUNSELOR’S OFFICE.

   IX. A. 1. Claims for Approval.

          a. Jim Catlege  $300.18

          b. Paula Scherer  $91.86

          c. Southwestern Bell Telephone  $295.81

          d. Spankey’s Real Swell Cars  $479.96

          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.  NO ACTION TAKEN:  A. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, RINEHART, FOSHEE, SIMANK, JOHNSON, AND LIEBMANN.  ABSENT:  MCATEE.  MUNICIPAL COUNSELOR’S OFFICE.

    X. Items from Council.

     A. Resolution approving travel expenses for Councilman Larry McAtee to attend the National League of Cities Human Development Steering Committee Fall Meeting, October 2-4, 2003, Dayton, Ohio.

          (Two-thirds affirmative vote required for approval.)

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

     B. Resolution approving travel expenses for Councilwoman Willa Johnson to attend the National League of Cities Community and Economic Development Meeting, Fall Steering Committee meeting, October 9-11, 2003, Sunrise, Florida. 

          (Two-thirds affirmative vote required for approval.)

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

Mr. Cornett said a Ward 1 neighborhood located northwest of NW 23^rd and Portland Avenue has discolored water coming from the tap.  He said the remedy has been to flush the pipes continuously.  Mr. Cornett said the flushing keeps water flowing down the streets and the neighbors feel the flowing water might possibly be the cause of some large potholes.  Mr. Cornett said the flushing of the lines should be a short-term solution and he has heard it will be years before the discolored water problem is fixed. Mr. Cornett asked if this problem could be given a higher priority.

Marsha Slaughter, Water and Wastewater Utilities Director, said there is a six square mile area with red water problems.  She said about 1.5 square miles of pipe have been replaced to date and the work continues.  Ms. Slaughter said a long-term study was done and three tasks were identified to resolve the red water issue in this area:  (1) continue the flushing, (2) change treatment chemicals, and (3) continue replacing pipe. 

Mr. Cornett asked where the funding comes from for these projects.

Ms. Slaughter said the funds are general revenues from the Water Utilities Trust.

    X.

Mr. Cornett asked if the water flushing could be responsible for the potholes.

Ms. Slaughter said she wasn’t sure about the neighborhood in question but she would drive out there to look at it. 

Mr. Cornett asked if the Water Trust could look at possibly changing the priority or spending more funds on this problem.  He also asked for street maintenance to look at the potholes in this neighborhood. 

Jim Thompson, Acting City Manager, said the potholes would be fixed.

Mr. McAtee announced the birth of his eleventh grandchild today at 8:50 a.m.  She weighed in at 7 lbs. 1 oz., measured 21” long and is presently not named. 

Mr. McAtee said a project is scheduled to replace the pipes in the Musgrave-Pennington neighborhood.  He said it is the third project in this neighborhood to combat the red water problems caused by old pipes.  Mr. McAtee commended the Water Trust for being so responsive even though it is a lengthy and costly process.

Mr. Rinehart said McCracken Park has had recent problems with graffiti writings.  He said some buildings in McCracken Park were hit with graffiti on July 19^th.  He said on July 20^th, the graffiti was cleaned up and hit again that same evening.  He said the graffiti was cleaned up once again and on July 25^th it was hit a third time. 

Mr. Rinehart said gangs are trying to take over McCracken Park. He said they are destroying the appearance of the park.  Mr. Rinehart asked how The City could address this problem.

M.T. Berry, Police Chief, said he would put some police resources in the park to deter further graffiti writing. 

Mr. Rinehart asked what remedy there was in the law for such activity.

Chief Berry said graffiti is classified as vandalism and is considered a misdemeanor crime.  Chief Berry said minors could be prosecuted under this vandalism ordinance.

X.

Wendel Whisenhunt, Parks and Recreation Director, said the best way to combat this activity is to report it quickly to the Police and remove the graffiti quickly.  Mr. Whisenhunt said the Parks and Recreation Department works with the young people in the area to promote ownership and pride for the park and encourages the youth to report any negative activity.  Mr. Whisenhunt said sometimes when there is an ongoing problem a security guard will be placed at a park.  He said the Parks and Recreation Department would continue to work with the area youth.

Mr. Rinehart thanked the firefighters at Station 16 for volunteering to help with the graffiti clean up at McCracken Park. 

Mr. Rinehart thanked Debi Martin, Executive Assistant to the Council, for working with John Montgomery and Congressman Istook on a project for the appropriation of $300,000 for Draper Lake improvements.  Mr. Rinehart also thanked Jan New, Trust Specialist; Paul Brum, Public Works Department Director; and Bret Weingart, Water and Wastewater Utilities Assistant Director; for working on the Draper Lake project.  He asked Mr. Thompson to write letters thanking them.

Mr. Foshee said The City has a public relations problem relating to fireworks.  He said the ordinance reads: “No person shall sell, discharge or possess fireworks within the Oklahoma City limits”.  He said many citizens called this month saying they purchased fireworks and had them confiscated by the Police while on the way to the lake to discharge them.  Mr. Foshee said he would like to see the ordinance amended to read: “No person shall sell or discharge fireworks within the Oklahoma City limits”.

Mayor Humphreys agreed with Mr. Foshee about the issue and thinks the possession language should be removed from the ordinance.  Mayor Humphreys asked the City Attorney to review the ordinance.

Mr. Foshee said construction on the track at Earlywine Park would begin in July.  He said the contractor has 45 days to complete the project.  Mr. Foshee said adjoining property owners should prepare for potential problems that might come from fly ash blowing around during the process.  The contractor will be watering to minimize the problem.  The track will be a 12-foot wide asphalt trail with striping and will be a great improvement for Earlywine Park.

Ms. Simank congratulated Mr. McAtee on the birth of his new granddaughter.

     X.

Ms. Simank thanked the Western Street Business Association for hosting a celebration last week for outgoing Major Richard Neaves and incoming Jessica Cummins.  Ms. Simank said it was a wonderful event and there was a great taste-testing activity as well.  She said it was the first time a private organization has hosted such an event.

Ms. Simank said tonight at 6:00 p.m. there would be a neighborhood meeting at the Carver Center.  She said the Oklahoma Department of Transportation would discuss how the new I-40 would affect the May Avenue area. 

Ms. Johnson said she met Quincy Vinton, son of the former Urban League president, Leonard Vinton.  She said he recently wrote a book about financial management entitled “Live Life”. 

Ms. Johnson said she also had the pleasure of meeting Miss America 2003, Erika Harold.  She said Ms. Harold attended a Leadership Conference at the Eagle Ridge Institute.  Ms. Johnson said she presented Miss America with the key to The City.

Ms. Johnson said she attended the ribbon cutting ceremony last week for the new Central Maintenance Facility.  She said The City’s hard-working laborers deserved a nice to place to work.

Mr. Liebmann said he was glad to be back from a vacation in Hawaii with his family.

Mr. Liebmann said Saturday morning he participated in the opening ceremony for the National Baseball Conference at Legends Sports Center.  He said there are eighteen teams here for the conference and 350 people attended a banquet at the Biltmore Hotel.

Mr. Liebmann said there is a new restaurant opening in front of Sam’s at Memorial Road and Pennsylvania Avenue.  The restaurant features Mexican food and is called Blue Corn Calf.

Mr. Liebmann said the Water Trust is replacing old, worn out pipes as quickly as possible.  He said July 2003 holds the record for being the first month for water usage to be in excess of five billion gallons.  He commended all the employees from Water and Wastewater Utilities for doing a great job this summer.

Ms. Johnson commended Cathy O’Connor for her assistance as Acting City Manager at the last Council meeting. 

Mayor Humphreys thanked Jim Thompson for his assistance today.

   XI. Citizens to be Heard.

Rosemary Hatcher, 2100 NW 61^st Street, asked to speak with Chief Berry about her police record.

Tony Price, 1300 NE 68^th Street, disputed that 719 NW 31^st Street is dilapidated.

Clyde Madden, 1225 North Kate, asked that the claim be paid to Donald Pete.

  XII. City Manager Reports.

     A. Review of Seining Ordinance

         

XIII. Adjournment.  10:45 a.m.

 

_____________________________

Kirk Humphreys, Mayor    

ATTEST:

 

_____________________________

Frances Kersey, City Clerk

_____________________________

James E. Thompson, Acting City Manager