THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

OCTOBER 28, 2003

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on October 24, 2003.)

    I. Invocation and Pledge of Allegiance.

JOHN CRAWFORD

NAVIGATORS

PLEDGE LED BY COUNCILMAN MCATEE

   II. Call to Order.  8:35 a.m.

MAYOR HUMPHREYS PRESIDING.

COUNCILMAN FOSHEE ABSENT.

  III. From the Office of the Mayor.

     A. Appointment of Janis Powers to the Bond Advisory Committee.

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

     B. Appointment of Terry Hixon, Garland Pendergraf and Timothy W. Johnson, P.E. to the Building Code Commission.

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

     C. Appointment of K.M. Payne, Jack H. Graham, P.E., and Roger L. Edwards, P.D. to the Electrical Appeals and Code Commission.

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

  III. D. Appointment of John M. Seward, Terri Cooper, Gary Good and Greg Burns to the Oklahoma City Arts Commission.

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

     E. Appointment of Loy Roberts, Scott Savage, Hugh C. Sprague, Donald Weaver, Bob Zahl and Steve Esco to the Residential Building Code Commission.

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

     F. Appointment of Dan Martin, Lyda Harrell and Milford J. Clayton to the Traffic and Transportation Commission.

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

     G. Appointment of Lyda Harrell to the Urban Design Commission.

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

Mayor Humphreys recognized Benton Douglas who earned the chance to be “Mayor for the Day” at an auction at Nichols Hills Elementary School.

Mayor Humphreys also recognized the Ward 4 Youth Councilors, Heather Hill and Meridith Scott.

Mayor Humphreys announced the Groundbreaking Ceremony for the Emergency Communications Center is today at 2:00 p.m. at the northeast corner of Robert S. Kerr Avenue and Shartel Avenue.

   IV. A. Receive Journal of Council Proceedings for October 21, 2003.

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

   IV. B. Approve Journal of Council Proceedings for October 14, 2003.

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

    V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING.  8:45 a.m.

CONVENE AS OKLAHOMA CITY ENVIRONMENTAL ASSISTANCE TRUST.  8:45 a.m.

(five of nine affirmative votes required for approval.)

     1. Rate Adjustment Statement for increases as provided in the Solid Waste Collection Agreement with Waste Management of Oklahoma, including weekly collection of Big Blue Carts, weekly recycling, and monthly bulky waste services; retroactive to September 1, 2003.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

ADJOURN OCEAT.  8:45 a.m.

RECONVENE COUNCIL MEETING.

   VI. Consent Docket.

       A. Resolutions authorizing sole source purchase, October 28, 2003 through June 30, 2004:

          1. Consulting services to manage the Enterprise Resource Planning Technical Implementation Team for the Information Technology Department from eVerge Group of Texas, LTD (SS4-C48242), estimated cost $156,000.

          2. CityWorks software license and support from Azteca Systems, Inc. (SS4-C48243), estimated cost $250,000.

ADOPTED:  A. 1,2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  JOHNSON.  PROCUREMENT SERVICES DIVISON.

   VI. B. Ordinances to be introduced and set for final hearing November 18, 2003:

          1. (ABC-547) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying the I-2 Moderate Industrial, 8000 South I-35 Service Road.  Ward 4.

          2. (ABC-549) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying the C-3 Community Commercial, 4621 North May Avenue.  Ward 2.

          3. (ABC-550) ABC-2 Alcoholic Beverage Consumption, Restaurant With Alcohol overlaying the C-3 Community Commercial, 7900 South Walker Avenue.  Ward 5.

          4. (PC-9834) 10308 SE 29^th Street from R-1 Single Family Residential to C-4 General Business.  Ward 4.

          5. (PC-9835) 3012-16 NE 10^TH Street from R-1 Single Family Residential to C-3 Community Commercial.  Ward 7.

          6. (PC-9836) 7001 Main Street from AA Agricultural to I-1 Light Industrial.  Ward 3.

          7. (PUD-942) 7600-8024 South Sunnylane Road from PUD-472 Planned Unit Development to PUD-942 Planned Unit Development.  Ward 4.

          8. (PUD-955) 1337 NW 158^th Street from PUD-207 Planned Unit Development to PUD-955 Planned Unit Development.  Ward 8.

INTRODUCED AND SET FOR FINAL HEARING NOVEMBER 18, 2003:  B. 1-8.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  JOHNSON.  PLANNING DEPARTMENT.

       C. Contract for governmental services with the Capitol Medical Center Improvement and Zoning Commission, to provide enforcement of the Zoning Code in the Capitol-Medical Center Improvement and Zoning District, bounded by NE 8^th Street on the south, Lottie Avenue on the east, I-235 on the west, and NE 30^th Street on the north, retroactive to July 1, 2003 through June 30, 2004.  Ward 7.

          Deferred from August 26, September 9, October 7, and October 14, 2003.

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

   VI. D. Resolution authorizing a new Intercreditor Servicing and Subordination Agreement between The City of Oklahoma City, Walker Stamp and Seal, Inc., and Bank of Oklahoma, restructured Murrah Revitalization District Economic Development Loan for improvements, 115 NW 6^th Street.  Ward 7.

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

       E. 1. Resolution concerning the City Murrah Revitalization District Economic Development Loan to Globe Color Press, Inc., 414 NW 4^th Street, approving subordination of the Murrah loan to a new first mortgage with First Commercial Bank of Oklahoma, and existing mortgage with the Small Business Administration/MADCO; authorizing a new Intercreditor Servicing and Subordination Agreement among all parties; and authorizing execution of necessary loan documents.  Ward 6.

STRICKEN.  PLANNING DEPARTMENT.

          2. Resolution concerning the City Murrah District Economic Development Loan to Quality Properties, LLC, 923 North Robinson Avenue, approving subordination of the Murrah loan to a new first mortgage with Quail Creek Bank, authorizing execution of a new Intercreditor, Servicing and Subordination Agreement with Quail Creek Bank; and authorizing execution of loan documents.  Ward 6.

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

       F. Resolution accepting the dedications contained in the final plat of Mustang Creek, south of SW 15^th Street and west of Sara Road.  Ward 3.

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

   VI. G. Resolution accepting the irrevocable letter of credit and dedications contained in the final plat of Wildflower Addition, Section 3, south of SW 149^th Street and west of Western Avenue.  Ward 5.

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

       H. Specification to be advertised for bids, Project DM-0229, channel cleaning and maintenance, (eight locations).  Wards 4, 5, 6 and 7.

APPROVED AND AUTHORIZED.  BID RECEIPT DATE:  NOVEMBER 18, 2003.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  JOHNSON.  PUBLIC WORKS DEPARTMENT.

       I. Ratify and approve Addendum No. 1 and award contract to Krapff-Reynolds Construction Co. (primary contractor) and Haskell Lemon, Atlas Paving, McConnell Construction, Shell Construction and Rudy Construction (secondary contractors), Project PM-0164, snow and ice plowing and removal services, $100,000 per event.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

       J. Assignment of contract from DeCastro & Associates, Inc. to DeCastro Engineering, LLC, Project BC-0121, engineering services, bridge rehabilitation, NE 4^th Street and NE 36^th Street over the North Canadian River.  Ward 7.

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

       K. Amendment No. 1 to contract for engineering services, Project MP-0232, Lake Hefner Trail Improvements, Lake Hefner, fee increase of $4,090.  Wards 1, 2 and 8.

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

   VI. L. Final acceptance, Contract No. PR-1-99/00, street resurfacing, (five projects); and placing maintenance bond into effect.  Wards 2, 6, 7 and 8.

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

       M. Receive Consultant Review Committee Report, Project PC-0259, new interchange at Interstate 40 and Morgan Road; and authorization to negotiate a contract.  Ward 3.

RECEIVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  JOHNSON.  PUBLIC WORKS DEPARTMENT.

       N. Ratify and approve Addenda Nos. 1 and 2 and award contract to Markwell Paving Company, Inc., Project PC-0206 and Project WC-0453, street widening and/or reconstruction and water and wastewater facilities reconstruction, Reno Avenue, Mustang Road to Czech Hall Road, $2,676,046.75; and approving contract and bonds.  Ward 3.

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

       O. Rental Agreement renewing lease for City-owned house, South Lakes Park, 4100 SW 119^th Street, $5,400 in revenue, October 28, 2003 through October 27, 2004.

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

       P. Agreement with the Oklahoma Department of Central Services to maintain the medians on Lincoln Boulevard, NE 28^th Street to NE 38^th Street, $14,470, October 28, 2003 through June 30, 2004.  Ward 7.

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

   VI. Q. Resolution authorizing The City of Oklahoma City for the benefit of the Oklahoma City Fire Department, to accept a $580,954 grant, EMW-2003-FG-11222, from the United States Department of Homeland Security, Federal Emergency Management Agency, United States Fire Administration; approving the expenditure budget for the purchase of equipment for fire and emergency preparedness purposes; authorizing the Mayor to execute the attached documentation; authorizing $248,980 in City matching funds; ratifying the application and electronic acceptance of the grant; and authorizing receipt and deposit of funds.

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

       R. Receive City Auditor’s Annual Report for the fiscal year ended June 30, 2003, and Notification of Potential Independence Impairments for the fiscal year ending June 30, 2004.

RECEIVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  JOHNSON.  CITY AUDITOR’S OFFICE.

       S. Resolution approving Modification No. 2 to Contracts for Goods or Services:

          1. American Training Institute, a for-profit organization, altering the scope of work by decreasing the duration of specific class sessions provided to customers of the Central Oklahoma Workforce Center, decrease of $3,657.50, retroactive to October 6, 2003 through June 30, 2004.

          2. Eagle Ridge Institute, a not-for-profit organization, altering the scope of work by decreasing the duration of specific class sessions provided to customers of the Central Oklahoma Workforce Center, decrease of $2,090, retroactive to October 6, 2003 through June 30, 2004.

ADOPTED:  S. 1,2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  JOHNSON.  PERSONNEL DEPARTMENT.

   VI. T. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,990.07 and all costs of the action in the Oklahoma County District Court in the claim filed by Katherine J. Davis.

          2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,296.13 and all costs of the action in the Oklahoma County District Court in the claim filed by Ronald Larchick.

ADOPTED:  T. 1,2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  JOHNSON.  MUNICIPAL COUNSELOR’S OFFICE.

       U. Request for Proposals with the Oklahoma City Riverfront Redevelopment Authority for water transportation services, North Canadian River.  Wards 3, 6 and 8.

APPROVED AND AUTHORIZED.  BID RECEIPT DATE:  DECEMBER 15, 2003.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  JOHNSON.  OKLAHOMA CITY RIVERFRONT REDEVELOPMENT AUTHORITY.

       V. Receive the Official Election Returns for the Special Election held October 14, 2003.

RECEIVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  JOHNSON.  CITY CLERK’S OFFICE.

       W. Professional Services Agreement with the Plaza District Association, economic development services, not to exceed $10,000, retroactive to July 1, 2003 through June 30, 2004.

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

   VI. X. Memorandum of Understanding with St. Anthony Hospital, Oklahoma County, the Oklahoma City Urban Renewal Authority, the Greater Oklahoma City Chamber of Commerce, and Downtown Oklahoma City Incorporated, defining the specific actions, projects and responsibilities designed to promote the further growth of St. Anthony Hospital at its current location, NW 10^th Street, between North Walker Avenue and North Shartel Avenue, October 28, 2003 through October 27, 2008. Ward 6.

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

  VII. Concurrence Docket.

     A. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1 and Change Order No. 1, Project SC-0609, Phase II, Deep Fork Relief Line, NW 41^st Street and Pennsylvania Avenue to NW 35^th Street and May Avenue, increase of $17,659.  Ward 2.

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

     B. Concurrence with the Oklahoma City Water Utilities Trust in approving contract for professional engineering services for the Oklahoma City Water Utilities Trust Engineer, January 1, 2004 through December 31, 2006.

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

     C. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contracts:

          1. Urban Contractors, Inc., Project SC-0605, sanitary sewer replacement and abandonment, NW 14^th Street to NW 19^th Street from Western Avenue to Walker Avenue, $613,585; and approving contract and bonds.  Ward 6.

  VII. C. 2. Amis Construction Company, Project WC-0402, water main replacement, NW 23^rd Street to Cashion Place between Lyon Boulevard and Portland Avenue, $933,347; and approving contract and bonds.  Ward 1.

          3. Hoefler Bros. Construction, Inc., Project WC-0433, water transmission main extension, County Line Road from SW 59^th Street to SW 74^th Street, $464,658.30; and approving contract and bonds.  Ward 3.

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

     D. Concurrence with the Oklahoma City Water Utilities Trust in accepting Project SC-0599, SW 89^th Street to SW 119^th Street east of May Avenue to Pennsylvania Avenue; and placing maintenance bonds into effect.  Ward 5.

CONCURRED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  JOHNSON.  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-545) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying the C-3 Community Commercial, 5936 NW 23^rd Street.  Ward 3.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,336.  MOVED BY MCATEE, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

     2. (PC-9816) 824 NW 70^th Street, 819 NW 69^th Street, and 818 NW 69^th Street from R-1 Single Family Residential to I-2 Moderate Industrial.  Ward 2.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,337.  MOVED BY BOWMAN, SECONDED BY MCATEE.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

VIII.  A. 3. (PC-9824) 1101 South Mustang Road from R-1 Single Family Residential to R-3M Medium Density Multi-Family Residential and O-2 General Office.  Ward 3.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,338.  MOVED BY MCATEE, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

          4. (PUD-947) 13030 North MacArthur Boulevard from R-1 Single Family Residential to PUD-947 Planned Unit Development.  Ward 8.

          Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,339.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

          5. (PUD-948) 650 NW 164^th Street from PUD-752 Planned Unit Development to PUD-948 Planned Unit Development.  Ward 8.

          Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,340.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

          6. (PUD-950) 1307 North May Avenue from R-4 General Residential and C-4 General Business to PUD-950 Planned Unit Development.  Ward 6.

          Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,341.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

VIII. A. 7. (PUD-953) 324 SE 51^st Street from R-1 Single Family Residential to PUD-953 Planned Unit Development.  Ward 4.

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

ADOPTED WITHOUT EMERGENCY AS AMENDED.  ORD. #22,342.  (AMENDMENT: 8’ FENCE.)  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY RINEHART, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

     B. Ordinance on final hearing (emergency) recommended for approval, (CE-618) closing SE 85^th Street extending west from South Sunnylane Road.  Ward 4.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,343.  MOVED BY RINEHART, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

     C. 1. Public hearing re:

          a. 4404 South Magnolia Avenue (north shed, south shed)  Ward 7

          b. 17 North Tuttle Street (house)  Ward 6

          c. 204 North Tuttle Street (house)  Ward 6

          d. 2624 NW 1^st Street (house, garage)  Ward 6

          e. 2404 NE 26^th Street (garage)  Ward 7

          f. 3020 NW 29^th Street (foundation)  Ward 2

          g. 2239 NW 36^th Street (house)  Ward 2

          h. 611 NW 90^th Street (house)  Ward 2

          i. 3616 NW 178^th Street (commercial building)  Ward 8

          2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of October 29, 2003 and November 28, 2003 for commencement and completion of removal by owners.

ADOPTED AS AMENDED:  C. 1. a-h.  STRICKEN:  C. 1. i.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  BOWMAN.  NEIGHBORHOOD SERVICES DEPARTMENT.

VIII. D. 1. Public hearing re:

          a. 308 NW 90^th Street (house)  Ward 7

          2. Resolution declaring the long-term boarded structures are dilapidated; directing said structures to be torn down, establishing dates of October 29, 2003 and November 28, 2003 for commencement and completion of removal by owners.

ADOPTED:  D. 1.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  BOWMAN.  NEIGHBORHOOD SERVICES DEPARTMENT.

     E. 1. Public hearing re:

          a. 2201 South Central Avenue  (house, garage apartment)  Ward 7

          b. 6429 North Libby Avenue (house)  Ward 1

          c. 4404 South Magnolia Avenue (house)  Ward 7

          d. 2317 South Oklahoma Avenue (house)  Ward 7

          e. 2336 SE 10^th Street (house, shed)  Ward 7

          f. 3900 NW 16^th Street (house, garage)  Ward 3

          g. 1725 NE 35^th Street (house)  Ward 7

          2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED:  E. 1. b, c, e, f.  STRICKEN:  E. 1. a, d, g.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

VIII. F. 1. Public hearing.

          2. Resolution adopting an amendment to the Fiscal Year 2003-04 Budget for the General Fund; the Police Services, Facilities or Equipment Tax Fund; the Fire-Fighting and Fire-Rescue Services, Facilities or Equipment Tax Fund; the Street and Alley Fund; the MAPS Operations Fund; the Police and Fire Equipment Use Tax Fund; Court Administration and Training Fund; the Airports Cash Fund; the Water and Wastewater Utility Cash Fund; the Solid Waste Management Cash Fund; the Stormwater Drainage Utility Fund; the Print Shop Internal Service Fund; the Fleet Services Internal Service Fund; the Information Technology Internal Service Fund, the City and Schools Capital Projects Use Tax Fund; the Asset Forfeiture Fund; and directing filing.

PUBLIC HEARING HELD:  F. 1.  ADOPTED:  F. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  FINANCE DEPARTMENT.

     G. Amendment to the Trust Indenture of the Central Oklahoma Transportation and Parking Authority providing for the Mayor and the City Manager of The City of Oklahoma City to appoint a designee to act as surrogate trustee in their absence.

APPROVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  TRANSIT SERVICES DEPARTMENT.

VIII. H. Resolution approving the incurrence of indebtedness by the Central Oklahoma Transportation and Parking Authority by the issuance of its Parking System Revenue Bonds, series 2003 in an amount not to exceed $29,000,000; authorizing the sale of said bonds by the Central Oklahoma Transportation and Parking Authority at negotiated sale and at a price less than par; providing that the trust indenture creating the Central Oklahoma Transportation and Parking Authority is subject to the provisions of the general bond indenture, as amended; authorizing the issuance of the bonds; approving an agreement of support between the Oklahoma City Water Utilities Trust and Central Oklahoma Transportation and Parking Authority; approving a seventh amendment to lease between The City of Oklahoma City and Central Oklahoma Transportation and Parking Authority; approving a continuing disclosure agreement; and containing other provisions relating thereto.

          (Two-thirds affirmative vote required to incur indebtedness)

          (Three-fourths affirmative vote required to waive competitive bidding)

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

     I. Resolution approving the transfer and exchange of property by and between The City of Oklahoma City, the Central Oklahoma Transportation and Parking Authority and the Oklahoma City Urban Renewal Authority with respect to the Galleria Parking Facility; and authorizing execution of all necessary deeds, conveyances and other instruments of title to accomplish said transfer and exchange.  Ward 6.

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

     J. Acceptance of Public Easement Dedication, Project PC-0242, Harvey Avenue Street Extension, Galleria Parking Garage, North Harvey Avenue, south of Park Avenue.  Ward 6.

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

VIII. K. Ratify and approve Addendum No. 1 and award of joint contract with Central Oklahoma Transportation and Parking Authority to Lippert Brothers, Inc., Project MC-0135, Galleria Parking Garage expansion, and Project PC-0242, Harvey Avenue street extension; northeast corner of Sheridan Avenue and Hudson Avenue, $23,408,716; and approving contract and bonds.  Ward 6.

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

     L. Revocable permit to construct and operate an ice skating rink to hold Downtown in December festivities, sponsored by Downtown Oklahoma City Incorporated, Bicentennial Park, November 28, 2003 through January 4, 2004. Ward 6.

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

     M. 1. Resolution authorizing Tina A. Hughes, Assistant Municipal Counselor, to represent and defend Neighborhood Services employees Steve Lira and Wendy Pearson, in the case of Al Brown vs. Steve Lira and Wendy Pearson, United States District Court for the Western District of Oklahoma Case No. CIV-2003-1412R.

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

VIII. N. 1. Resolution authorizing William R. Burkett, Municipal Counselor, Richard C. Smith and Tina A. Hughes, Assistant Municipal Counselors, to represent and defend former Mayor Ronald Norick, Assistant City Manager James E. Thompson, former Municipal Counselor William O. West, Deputy Municipal Counselor Diane Lewis, and Assistant Municipal Counselors Daniel T. Brummitt and Richard C. Smith, in the case of State of Oklahoma ex rel Moshe Tal, et al. vs. The Oklahoma City Athletic Club, Inc., et al., Oklahoma County District Court Case No. CJ-2003-3176.

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

     O. 1. Resolution accepting the last best offer from the International Association of Firefighters, Local 157, for a 2003-2004 collective bargaining agreement;

          OR

          2. Resolution rejecting the last best offer from the International Association of Firefighters, Local 157, for a 2003-2004 collective bargaining agreement;

          AND/OR

          3. Enter into Executive Session with the Municipal Counselor to discuss collective bargaining negotiations for fiscal year 2003-2004 with the International Association of Firefighters, Local 157, as authorized by 25 O.S. (2001) § 307(B) (2).

ADOPTED:  O. 2.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, JOHNSON AND LIEBMANN.  ABSENT:  BOWMAN AND SIMANK.  NO ACTION TAKEN:  O. 1.  ENTERED INTO EXECUTIVE SESSION:  O. 3.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

VIII. P. 1. Claims recommended for denial:

          a. Kenneth R. Buchanan  $1,232.88

          b. Matt Hesser  $390.15

          AND/OR

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

DENIED AS RECOMMENDED:  P. 1. a,b.  NO ACTION TAKEN:  P. 2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

   IX. A. 1. Claims for Approval.

          a. Patrick Clanin  $208.58

          b. Kelly Short  $572.07

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

    X. Items from Council.

         A. Resolution of Commendation for Mayor Kirk Humphreys.

          Vice Mayor Liebmann, Councilman Cornett, Councilman Bowman, Councilman McAtee, Councilman Rinehart, Councilman Foshee, Councilwoman Simank and Councilwoman Johnson.

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

    X. Items from Council.

Mr. Cornett remembered the election night when MAPS for Kids was being decided and the vote was so close.  He said MAPS for Kids wouldn’t have passed were it not for Mayor Humphreys taking the leadership role leading up to the election night.  He thanked Mayor Humphreys for his leadership.

X.

Mr. Bowman also thanked Mayor Humphreys for being the driving force behind the MAPS for Kids program.

Mr. McAtee said in Proverbs it is written “Through the blessing of the upright a city is exalted, but by the mouth of the wicked it is destroyed.”  He said he is not surprised the Mayor’s terms in office have been so successful.

Mr. Rinehart thanked the Mayor for his service to The City and said he really enjoyed working with the Mayor.

Mr. Rinehart asked if he could get an update on the performance audit on the Development Center.  He requested comment cards be placed in other locations as well.

Ms. Simank thanked the Mayor for his dedicated leadership during the last six years.  She said even though they represent different political parties, she always enjoyed working with him.

Ms. Simank encouraged everyone to attend the Halloween Safe Night this Friday at the State Fairgrounds from 5:00 p.m. to 10:00 p.m.  She said the event will take place at the Travel and Transportation Building and there is no admission charge and free parking.

Ms. Johnson said she appreciated the Mayor for how he picked up the ball from Mayor Norick and ran with it.  She commended the Mayor for his implementation and overseeing of the MAPS projects and thanked him for his service to The City.

Mr. Liebmann said he would miss the Mayor but he is excited about having a direct contact in Washington, D.C. 

Mr. Liebmann said he attended the EMSA Trust meeting last Wednesday in Stroud.

Mr. Liebmann asked the Council to review the Annual Report of the Oklahoma City Convention and Visitors Bureau.

Mr. Liebmann said there is a McGee Creek Authority meeting on Friday at noon at the headquarters located at 555 South Farris Road in Farris, Oklahoma.

Mr. Liebmann invited everyone to check out the new Gordman’s Store located at Memorial and North Pennsylvania, just east of the Quail Springs Mall.

X.

Mayor Humphreys recognized Department Heads, Assistant City Managers, the City Manager, the Municipal Counselor, the City Clerk and all Staff members and Council members present in the Chamber.  He said Oklahoma City is having its best years but that kind of success doesn’t come from one person.  He credited the great successes during his administration to the dedicated and talented employees of The City of Oklahoma City.

Mayor Humphreys turned the proceedings over to Vice Mayor Guy Liebmann.

   XI. Citizens to be Heard.

  XII. City Manager Reports.

     1. October 2003 Sales and Use Tax Collections

Mr. Couch said October sales tax collections were both above target and above prior year with cumulative collections less than 1% below target.  He said the October use tax collections showed improvement but cumulative collections remain 9.28% below target.  He said overall, the total collections are very close to target and are better than last year at this time.

XIII. Adjournment.  10:20 a.m.

 

Kirk Humphreys, Mayor

ATTEST:

 

Frances Kersey, City Clerk

James D. Couch, City Manager