THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

DECEMBER 16, 2003

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on December 12, 2003.)

    I. Invocation and Pledge of Allegiance.

SCOTT FRANKS, EDUCATION MINISTER

MEMORIAL ROAD CHURCH OF CHRIST

PLEDGE LED BY COUNCILMAN FOSHEE

   II. Call to Order.  8:36 a.m.

VICE-MAYOR LIEBMANN PRESIDING.

ALL MEMBERS PRESENT.

  III. From the Office of the Mayor.

     A. Appointment of Martha Kulmacz and Ann Lee Suttles to the Stockyards City Urban Design Committee.

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

   IV. A. Receive Journal of Council Proceedings for December 9, 2003.

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

     B. Approve Journal of Council Proceedings for December 2, 2003.

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

    V. Request for Uncontested Continuances.

   VI. Consent Docket.

       A. Resolution approving an Economic Development Loan from the Supplemental Community Development Block Grant funds in the amount of $176,124.05 to 601 North Walker L.L.C., acquisition of property at 501 NW 5^th Street, purchase and renovations of the Economy Inn; and authorization to sign the necessary documents.  Ward 6.

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

       B. Specifications to be advertised for bids, Project DM-0231, channel cleaning and maintenance, Brock Creek, Westwood Boulevard to the North Canadian River.  Ward 6.

APPROVED AND AUTHORIZED.  BID RECEIPT DATE:  JANUARY 13, 2004.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       C. Amendment No. 1, Project BC-0133, bridge improvements, NE 23^rd Street over railroad and pedestrian trail, 0.1 mile west of I-35 on NE 23^rd Street, decrease of $186,768.61; accepting the project and placing maintenance bond into effect.  Ward 7.

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

       D. Amendment No. 3, Project DC-0180, Phase II, drainage improvements, Virginia Avenue from NW 33^rd Street to NW 36^th Street; and Project DC-0153, drainage improvements, NW 24^th Street to NW 41^st Street, east of Pennsylvania Avenue, decrease of $61,218.49; accepting the project and placing maintenance bond into effect.  Ward 2.

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

   VI. E. Amended Agreement with District No. 1, Canadian County, Project PJ-CA-39, street improvements, Cemetary Road from Britton Road to NW 122^nd Street, no increase.  Ward 8.

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

       F. Mutual Cooperation Agreement with the Board of County Commissioners of Oklahoma County, street improvements, public streets, retroactive to July 1, 2003 through June 30, 2004.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

       G. Preliminary Reports:

          1. Project BC-0123, bridge rehabilitation, Western Avenue over the North Canadian River; and authorization to prepare final plans and specifications.  Ward 6.

          2. Project BC-0124, bridge rehabilitation, Walker Avenue over the North Canadian River; and authorization to prepare final plans and specifications.  Ward 6.

APPROVED AND AUTHORIZED:  G. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       H. Revocable Pipeline Permit for Red Bud Energy, LP to construct and maintain a 16-inch graywater pipeline and a 24-inch supply pipeline, south right-of-way along NE 178^th Street between Indian Meridian Road and Triple X Road, December 16, 2003 through May 1, 2004.  Ward 7.

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

   VI. I. Receive Consultant Review Committee Report, Project MC-0221, annual title services for fiscal year 2003-04; and authorization to negotiate a contract.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

       J. Resolutions declaring the necessity for acquiring and owning certain permanent easements:

          1. Project WC-0355, water main construction, Martin Luther King Avenue, between NE 10^th Street and NE 36^th Street.  Ward 7.

          2. Project WC-0415, provide right-of-way for 60-inch Atoka pipeline construction, Byng, Oklahoma.

ADOPTED:  J. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       K. Resolution approving application for Tree City USA recertification from the National Arbor Day Foundation for 2003; and authorization to execute the application.

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

       L. Resolution authorizing The City of Oklahoma City, for the benefit of the Oklahoma City Police Department, to accept grant funding of approximately $60,000 from the National Forensic Sciences Improvement Grant Act, ratifying the application by the Police Department; and authorizing receipt and deposit of funds. 

STRICKEN.  POLICE DEPARTMENT.

   VI. M. Resolution declaring the cancellation of the regular Council meeting falling on Tuesday, January 27, 2004, due to the Council workshop to be held on that date; declaring items scheduled to be heard on January 27, 2004, be heard on February 3, 2004; and directing the City Clerk to give notice of such cancellation.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: FOSHEE.  CITY CLERK’S OFFICE.

       N. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $887.16 and all costs of the action in the Oklahoma County District Court in the claim filed by Gary and Barbara Hayes.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: FOSHEE.  MUNICIPAL COUNSELOR’S OFFICE.

       O. Mutual Cooperation Agreement with the Board of County Commissioners of Oklahoma County for provision of barricades and signage to accommodate road closure plans for the Oklahoma Arts Council, Opening Night Celebration 2003 on December 31, 2003; and the Oklahoma City Martin Luther King Coalition Holiday Program and Parade on January 19, 2004, Downtown, effective December 24, 2003 through January 20, 2004.  Wards 6 and 7.

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

  VII. Concurrence Docket.

VIII. Items Requiring Separate Votes.

     A. 1. Public hearing re:

          a. 1108 South Harvey Avenue  (fence, house 1108, house 1110, house 1110 1/2)  Ward 6

          b. 1108 South Harvey Avenue (fence, house 220, house 226, house 228)  Ward 6

VIII. A. 1. c. 3012 NW 16^th Street aka 3014 NW 16^th Street (garage)  Ward 6

          d. 2729 SW 32^nd Street (garage)  Ward 6

          e. 2808 NW 47^th Street (house)  Ward 2

          f. 4315 NW 10^th Street (office with attached building, small south structure)  Ward 3

          Deferred from October 21, 2003.

          g. 4315 NW 10^th Street (house, garage)  Ward 3

          Deferred from October 21, 2003.

          h. 4315 NW 10^th Street (SE commercial building)  Ward 3

          Deferred from October 21, 2003.

          i. 4315 NW 10^th Street (east and north attached commercial building)  Ward 3

          Deferred from October 21, 2003.

          2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of December 17, 2003 and January 16, 2004 for commencement and completion of removal by owners.

ADOPTED AS AMENDED:  A. 1. a-e.  DEFERRED TO FEBRUARY 17, 2004:  A.  1. f-i.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT:  FOSHEE.  NEIGHBORHOOD SERVICES DEPARTMENT.

     B. 1. Public hearing re:

          a. 4033 SW 26^th Street (house)  Ward 3

          b. 2808 SW 30^th Street (house)  Ward 6

          c. 2201 NW 31^st Street (north house, south house)  Ward 2

          d. 3808 SW 42^nd Street (house, garage)  Ward 3

          e. 2516 SW 45^th Street (garage)  Ward 4

          f. 1116 SW 102^nd Street (house)  Ward 5

          2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED:  B. 1. b,e,f.  STRICKEN:  B. 1. a,c,d.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT:  FOSHEE.  NEIGHBORHOOD SERVICES DEPARTMENT.

VIII. C. Revocable Permits:

          1. “Opening Night”, December 31, 2003 – January 1, 2004, sponsored by the Arts Council of Oklahoma City, Incorporated, Downtown.  Wards 6 and 7.

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

          2. “Run For Your Life”, January 1, 2004, sponsored by The Oklahoma Organ Sharing Network, Downtown/Bricktown.  Ward 7.

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

     D. Resolution authorizing the sale of $20,000,000 General Obligation Bonds Series 2004 of The City of Oklahoma City; fixing the amount of bonds to mature each year; fixing the time and place the bonds are to be sold; authorizing the publication of a Notice of Sale; and approving and authorizing official statements.

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

     E. Resolution accepting the majority award of the Arbitration Board in the interest arbitration between the International Association of Firefighters, Local 157, and The City of Oklahoma City, as the Collective Bargaining Agreement for 2003-04; and directing the City Clerk to keep the Interest Arbitration Award on file in the same manner as are Labor Agreements with other bargaining agents who represent City employees.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT:  FOSHEE.  PERSONNEL DEPARTMENT.

VIII. F. Resolution approving the incurring of indebtedness of the Oklahoma City Redevelopment Authority in an amount not to exceed $7,750,000; approving a Security Agreement with the Authority regarding tax increment revenues; approving assistance in development financing; and other matters related thereto.

          (Two-thirds affirmative vote required to incur indebtedness.)

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT:  FOSHEE.  MUNICIPAL COUNSELOR’S OFFICE.

     G. 1. Resolution authorizing the Municipal Counselor not to appeal the Final Determination of the Oklahoma Employment Security Commission in the matter of the Central Oklahoma Workforce Investment Area’s Program Year 2002 programmatic and financial monitoring report, not to exceed $81,544.98.

          AND/OR

          2. Enter into Executive Session with the Municipal Counselor to discuss the appeal as authorized by 25 O.S. (2001) §307(B)(4).

ADOPTED:  G. 1.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT:  FOSHEE.  ENTERED INTO EXECUTIVE SESSION:  G. 2.  MOVED BY JOHNSON, SECONDED BY CORNETT.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT:  FOSHEE.  MUNICIPAL COUNSELOR’S OFFICE.

     H. Enter into Executive Session with the Municipal Counselor to discuss and/or approve a settlement offer in the case of Braden Patrick Clark vs. The City of Oklahoma City, et al., Oklahoma County District Court, Case No. CJ-2001-4270, as authorized by 25 O.S. (2001) §307(B)(4).

ENTERED INTO EXECUTIVE SESSION.  MOVED BY JOHNSON, SECONDED BY CORNETT.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT:  FOSHEE.  MUNICIPAL COUNSELOR’S OFFICE.

VIII. I. 1. Claims recommended for denial:

          a. Ohio Casualty Group  $3,037.09

          b. State Auto Insurance Company  $44,500

          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).

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

   IX. A. 1. Claims for Approval.

          a. Isaac Onaolapo  $175

          b. Special Occasion Stores, Inc.  $147.10

          c. Natalie Wilson  $189.70

          AND/OR

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

APPROVED:  A. 1. a-c.  NO ACTION TAKEN:  A. 2.  MOVED BY JOHNSON, SECONDED BY RINEHART.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  MUNICIPAL COUNSELOR’S OFFICE.

    X. Items from Council.

     A. Resolution providing the name of the Library constructed as a part of the MAPS Program shall be the “Oklahoma City Downtown Library”; and request said name be used on the monumental sign and in all legal documents.

          Councilman Cornett

DEFERRED TO DECEMBER 30, 2003.

Mr. McAtee and his grandchildren visited the Children’s Convalescent Center last night in Bethany on NW 39^th and enjoyed the Christmas Wonderland.  He encouraged citizens to support this project by driving through and making a donation.  The Christmas Wonderland is open nightly from 6:00 p.m. to 10:00 p.m. until Christmas.

    X.

Mr. Bowman and his wife have been driving around looking at Christmas light displays.  He said the Rivendell neighborhood was really well decorated.  He said he would appreciate it if anyone could recommend any other neighborhoods with exceptional light displays.

Mr. Cornett thanked the road crews for salting the streets last Friday night during the winter storm.  He and his family had to travel to Norman during the storm to attend his son’s college graduation and he was surprised at the minimal difficulty they had traveling.

Mr. Foshee said he was looking for tickets to the Sugar Bowl and asked if anyone had any tickets for sale.  He said he is anxious to visit New Orleans and compare it to Oklahoma City.

Ms. Simank thanked her fellow council members for attending the National League of Cities conference last week. 

Ms. Simank said she and Councilman Bowman attended a meeting last night with interested stakeholders who live on NW 23^rd Street heading west towards I-44.  She thanked Planning Staff, including John Dugan and Bob Mier, and citizens who attended.  She said the turnout for the meeting was good but she would like to have more involvement from businesses along NW 23^rd Street to discuss future improvements.

Ms. Simank thanked the City Employee Choir for singing this morning outside the Council Chamber.  She recognized Sherry Kendall, City Council Assistant, for her participation in the choir.  She said the performance was very moving.

Ms. Johnson also recognized Sherry Kendall because she won an Early Bird Award for her participation and organization of the United Way fundraising campaign. 

Ms. Johnson congratulated Ann Simank as she leaves the Board of the National League of Cities.  She said Ms. Simank has done a tremendous job of representing Oklahoma City in that national arena.

Ms. Johnson wished everyone a happy holiday.  She hoped that the recent events in the Middle East might allow us to experience peace on earth this Christmas season.

    X.

Vice-Mayor Liebmann said the policeman who was injured in the line of duty during the winter storm last Friday night broke his hip and an arm.  He said the good news is he is expected to make a full recovery.  Vice-Mayor Liebmann wished him a speedy and comfortable recovery.

Vice-Mayor Liebmann attended the National League of Cities Conference and he said Oklahoma City was so impressive when compared to other cities.  He was thankful that The City of Oklahoma City is in a much better budget situation than other large cities. 

Vice-Mayor Liebmann reminded everyone there is no Council meeting next week.  He expressed his wish that everyone have a safe holiday.

Vice-Mayor Liebmann announced that the walking and jogging trail at Earlywine Park would be named in honor of long-time South Oklahoma City advocate J.W. Mashburn at a dedication ceremony at 3:00 p.m. on December 17.

   XI. Citizens to be Heard.

  XII. City Manager Reports.

     A. Presentation and Report on Proposed Landscaping Ordinance

Terry Taylor, John Dugan, and Aubree Hammontree gave a presentation on the proposed landscaping ordinance.

XIII. Adjournment.  10:25 a.m.

 

Guy Liebmann Vice-Mayor

ATTEST:

 

Frances Kersey City Clerk

James D. Couch City Manager