THE CITY OF OKLAHOMA CITY
JOURNAL OF COUNCIL PROCEEDINGS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2004
(The agenda was posted on the Council Chamber bulletin board at 8:00 a.m. on February 13, 2004.)
I. Invocation and Pledge of Allegiance.
FRANCES KERSEY
CITY CLERK
PLEDGE LED BY COUNCILMAN MCATEE
II. Call to Order. 8:37 a.m.
ACTING VICE-MAYOR JOHNSON PRESIDING.
VICE-MAYOR LIEBMANN AND COUNCILMAN BOWMAN ABSENT.
III. From the Office of the Mayor.
IV. A. Receive Journal of Council Proceedings for February 10, 2004.
RECEIVED. MOVED BY SIMANK, SECONDED BY MCATEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK.
B. Approve Journal of Council Proceedings for February 3, 2004.
APPROVED. MOVED BY SIMANK, SECONDED BY MCATEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK.
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. a. Joint resolution authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employees, Oklahoma City Police Officers, Lt. Jay Barnett and Det. Roderick Gaymon in the District Court of Oklahoma County, State of Oklahoma, Case No. CJ-02-6691, styled: Lin Edward Davis vs. Antoinette Johnson, 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: 1. a. NO ACTION TAKEN: 1. b. MOVED BY FOSHEE, SECONDED BY SIMANK. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. 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. Ratify and approve Addenda Nos. 1 and 2 and Award Contract to J.L. Walker Construction Inc., Project MB-0667, lobby renovations to Cox Business Services Center, Phase I, One Myriad Gardens, $129,626; and approving contract and bonds. Ward 1.
RATIFIED, AWARDED AND APPROVED. MOVED BY FOSHEE, SECONDED BY SIMANK. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PUBLIC WORKS DEPARTMENT.
ADJOURN OCPPA. 8:40 a.m.
RECONVENE COUNCIL MEETING.
VI. Consent Docket.
A. Surveyor’s Certificates and Correction of Plats:
1. Bernapaul Plaza, south of NW 63rd Street and east of Meridian Avenue. Ward 1.
VI. A. 2. Wheatland Estates, south of SW 89th Street and west of Council Road. Ward 3.
APPROVED: A. 1,2. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PLANNING DEPARTMENT.
B. Resolution approving a Supportive Housing Grant Agreement with the United States Department of Housing and Urban Development and an Operating Agreement with the United Way of Central Oklahoma for conducting Supportive Housing Project No. OK56B102002; and authorization to execute the necessary documents.
ADOPTED. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PLANNING DEPARTMENT.
C. Resolutions releasing the subdivision bonds:
1. Miller’s Gate, Third Addition, north of NW 36th Street and west of Sara Road. Ward 1.
2. Sheffield Glen, Third Addition, south of NW 164th Street and west of Santa Fe Avenue. Ward 8.
ADOPTED: C. 1,2. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PLANNING DEPARTMENT.
D. Specifications to be advertised for bids, Project MC-0235, mowing of City-owned properties. Wards 1, 2, 3, 4, 5, 6, 7 and 8.
APPROVED AND AUTHORIZED. BID RECEIPT DATE: MARCH 9, 2004. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PUBLIC WORKS DEPARTMENT.
E. Maintenance Agreement with the Oklahoma Turnpike Authority, turnpike maintenance, John Kilpatrick Turnpike, ½ mile west of MacArthur Boulevard, west and south to SW 15th Street west of Sara Road. Wards 1, 3 and 8.
APPROVED. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PUBLIC WORKS DEPARTMENT.
VI. F. Change Order No. 2, Project MC-0193, 800 MHz trunked radio system, Mustang Tower Site, 9521 South County Line Road; Central Maintenance Facility, 1621 South Portland Avenue; Fire Station No. 28, 7101 South Anderson Road; Oklahoma Tower, 210 Park Avenue; Santa Fe North Site, 11629 North Santa Fe Avenue; Trosper Tower Site, 2502 East Grand Boulevard; increase of $76,344.93. Wards 2, 3, 4, 6 and 7.
APPROVED. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PUBLIC WORKS DEPARTMENT.
G. Change Order No. 5, Project MB-0548, new central maintenance facility, Phase I, west of Portland Avenue, south of SW 15th Street, increase of $3,823.70. Ward 3.
APPROVED. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PUBLIC WORKS DEPARTMENT.
H. Amendment No. 2 and Change Order No. 3, Project MP-0232, Hefner Trails improvements, Lake Hefner, increase of $132,000.50. Wards 1 and 8.
APPROVED. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PUBLIC WORKS DEPARTMENT.
I. Amendment No. 1 to contract for architectural services, Project MP-0192, improvements and renovations to Schillings Community Center, 539 SE 25th Street, and improvements and renovations to Red Andrews Park Municipal Gymnasium, 720 NW 8th Street, fee increase of $1,500. Wards 6 and 7.
APPROVED. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PUBLIC WORKS DEPARTMENT.
VI. J. Amended and Restated Agreement with The Oklahoma Transportation Authority and the Department of Transportation for the State of Oklahoma, turnpike control and maintenance, John Kilpatrick Turnpike, Santa Fe Avenue to ½ mile west of MacArthur Avenue. Wards 7 and 8.
APPROVED. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PUBLIC WORKS DEPARTMENT.
K. Resolution extending time to award contract and awarding contract to Lot Maintenance of OK, Inc., Project DM-0231, channel cleaning and maintenance, Brock Creek, Westwood Boulevard to the North Canadian River, $21,500; and approving contract and bonds. Ward 6.
ADOPTED. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PUBLIC WORKS DEPARTMENT.
L. Ordinance to be introduced and set for final hearing March 2, 2004, relating to Motor Vehicles and Traffic, Article XIV, Chapter 32, of the Oklahoma City Municipal Code, 2002, amending Section 32-479, relating to riding on roadways and bicycle paths.
INTRODUCED AND SET FOR FINAL HEARING MARCH 2, 2004. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PARKS AND RECREATION DEPARTMENT.
M. Acceptance of the Oklahoma City Employee Retirement System Comprehensive Annual Financial Report for the fiscal year ended June 30, 2003.
ACCEPTED. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. FINANCE DEPARTMENT.
VI. N. Resolution declaring one ambulance chassis (VIN 1FDWF36F5YEC67523) surplus and approving transfer of said chassis to the Emergency Medical Services Authority.
ADOPTED. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. FINANCE DEPARTMENT.
O. Release of temporary easements:
1. Project DC-0178, drainage improvements, Hefner Road between Rockwell Avenue and MacArthur Boulevard. Ward 8.
2. Project PC-0246, streetscape improvements, NW 16th Street between Pennsylvania Avenue to Classen Boulevard. Ward 6.
APPROVED: O. 1,2. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. CITY CLERK’S OFFICE.
P. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $918.06 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 $1,059.82 and all costs of the action in the Oklahoma County District Court in the claim filed by Southwestern Bell Telephone.
ADOPTED: P. 1,2. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. MUNICIPAL COUNSELOR’S OFFICE.
Q. Resolution accepting two subdivision bonds and dedications contained in the final plat of Stillmeadows, Phase I, south of NW 164th Street and east of MacArthur Boulevard. Ward 8.
ADOPTED. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PLANNING DEPARTMENT.
VII. Concurrence Docket.
VIII. Items Requiring Separate Votes.
A. Ordinance on final hearing (emergency) recommended for approval, (CE-624) closing a portion of NW 81st Street and the 10-foot platted alley in Block 4, Apex Addition, east of North Western Avenue. Ward 2.
Deferred from February 3, 2004.
ADOPTED WITHOUT EMERGENCY. ORD. #22,405. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PLANNING DEPARTMENT.
B. 1. Ordinance on final hearing, relating to Administration, amending Chapter 2, Article V, Section 2-351 and Section 2-414 of the Oklahoma City Municipal Code, 2002, modifying the definition of “bid opening” and “formal bid”, and amending bid opening procedures to allow electronic competitive bids.
ADOPTED. ORD. #22,404. MOVED BY FOSHEE, SECONDED BY RINEHART. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PROCUREMENT SERVICES DIVISION.
2. Resolution adopting purchasing policies and procedures for sending, receiving, and opening electronic competitive bids.
ADOPTED. MOVED BY FOSHEE, SECONDED BY SIMANK. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. PROCUREMENT SERVICES DIVISION.
C. 1. Public hearing re:
a. 7011 Morava Avenue (shed) Ward 3
b. 11864 SW 2nd Street (house) Ward 3
c. 917 NW 8th Street (garage) Ward 6
d. 424 NW 9th Street (garage) Ward 6
e. 925 SE 12th Street (house, shed) Ward 7
f. 4401 NW 44th Street (shed) Ward 1
g. 609 NW 95th Street (house, shed) Ward 2
h. 4315 NW 10th Street (office with attached building, small south structure) Ward 3
Deferred from October 21, 2003 and December 16, 2003.
VIII. C. 1. i. 4315 NW 10th Street (house, garage) Ward 3
Deferred from October 21, 2003 and December 16, 2003
j. 4315 NW 10th Street (SE commercial building) Ward 3
Deferred from October 21, 2003 and December 16, 2003
k. 4315 NW 10th Street (east and north attached commercial building) Ward 3
Deferred from October 21, 2003 and December 16, 2003
2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of February 18, 2004 and March 19, 2004 for commencement and completion of removal by owners.
ADOPTED AS AMENDED: C. 1. a,b,d,e,g. STRICKEN: C. 1. c, f. DEFERRED TO APRIL 13, 2004: C. 1. h-k. MOVED BY FOSHEE, SECONDED BY MCATEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. NEIGHBORHOOD SERVICES DEPARTMENT.
D. 1. Public hearing re:
a. 4607 Casper Drive (house) Ward 7
b. 5725 Mosteller Drive (commercial building) Ward 2
c. 2113 SW 13th Street aka 2115 SW 13th Street (north house, middle house) Ward 6
d. 609 NW 95th Street (shed, cellar) Ward 2
e. 1447 NW 95th Street (house) Ward 2
2. Resolution declaring the structures are unsecured.
ADOPTED AS AMENDED: D. 1. b. STRICKEN: D. 1. a,d,e. DEFERRED TO MARCH 16, 2004: D. 1. c. MOVED BY FOSHEE, SECONDED BY SIMANK. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. NEIGHBORHOOD SERVICES DEPARTMENT.
E. 1. Joint resolution with the Oklahoma City Municipal Facilities Authority authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employees, Oklahoma City Police Officers, Lt. Jay Barnett and Det. Roderick Gaymon in the District Court of Oklahoma County, State of Oklahoma, Case No. CJ-02-6691, styled: Lin Edward Davis vs. Antoinette Johnson, et al.
AND/OR
VIII. E. 2. Enter into Executive Session with the Municipal Counselor to discuss said case as authorized by 25 O.S. (2001) §307(B)(4).
ADOPTED: E. 1. NO ACTION TAKEN: E. 2. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. MUNICIPAL COUNSELOR’S OFFICE.
F. 1. Authorize the Municipal Counselor to enter an appearance and intervene on behalf of The City of Oklahoma City in the Oklahoma Tax Commission case styled, In the Matter of the Sales Tax and Use Tax Protest of Professional Services Group, Inc. d/b/a Professional Services Group, and Patrick L. McMahon, as President/CEO and as individual, Kent S. Richardson, as Sr. Vice President/CFO and as individual, and David L. McEwing as Vice President/General Counsel/Secretary and as individual, Case No. P-99-297, and any subsequent appeal thereof, and approve the Acknowledgement of Claim.
AND/OR
2. Enter into Executive Session with the Municipal Counselor to discuss said litigation and the liability and claims resulting there from as authorized by 25 O.S. (2001) §307(B)(4).
AUTHORIZED AND APPROVED: F. 1. MOVED BY FOSHEE, SECONDED BY SIMANK. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, FOSHEE, AND SIMANK. ABSENT: RINEHART. ENTERED INTO EXECUTIVE SESSION: F. 2. MOVED BY FOSHEE, SECONDED BY RINEHART. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. INSTRUCTIONS WERE GIVEN. WATER AND WASTEWATER UTILITIES DEPARTMENT.
G. Resolution approving Memorandum of Understanding FY 2003-04 (3) with the International Association of Firefighters to implement five person staffing, four minimum, on 18 Advanced Life Support Engines on or before March 1, 2004.
ADOPTED. MOVED BY FOSHEE, SECONDED BY MCATEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. FIRE DEPARTMENT.
VIII. H. 1. Claims recommended for denial:
a. Nick Bottroff $214.20
b. Stan Eckert $685
c. Gwendolyn Stillwell $29.99
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: H. 1. a-c. NO ACTION TAKEN: H. 2. MOVED BY FOSHEE, SECONDED BY SIMANK. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. MUNICIPAL COUNSELOR’S OFFICE.
IX. A. 1. Claim for Approval,
Emma Watson $100
AND/OR
2. Enter into executive session with the Municipal Counselor to discuss the above claim as authorized by 25 O.S. (2001) §307(B)(4).
APPROVED: A. 1. NO ACTION TAKEN: A. 2. MOVED BY FOSHEE, SECONDED BY SIMANK. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK. MUNICIPAL COUNSELOR’S OFFICE.
X. Items from Council.
A. Resolution amending Section 202 of the Personnel Policies of The City of Oklahoma City to incorporate a preference points system in selection processes for initial employment with The City of Oklahoma City for applicants who are honorably discharged United States military veterans; and directing the Police and Fire Departments to establish and/or administer a preference points system for police and fire recruit applicants who are honorably discharged United States veterans.
Deferred from February 3, 2004.
Councilman Rinehart.
ADOPTED. MOVED BY RINEHART, SECONDED BY FOSHEE. AYES: ACTING VICE-MAYOR JOHNSON, CORNETT, MCATEE, RINEHART, FOSHEE, AND SIMANK.
X.
Mr. McAtee thanked Sgt. Hill for giving a personal safety presentation at the Windsor Oaks neighborhood meeting last Tuesday evening. Mr. McAtee said Sgt. Hill’s enthusiasm and professionalism cast the entire Police Department in a very favorable light.
Mr. Rinehart said litter pick up along I-40 has improved but now the trash is being placed in black bags and left along the road for up to two weeks. He asked if something could be done to remove some bags at I-40 and Douglas Avenue, which have been there for 13 days.
Mr. Foshee agreed litter is a problem throughout the City. He reminded citizens the fine for littering is nearly $200. Mr. Foshee asked the citizens to help in keeping Oklahoma City beautiful.
Mr. Foshee said his youngest son, Christopher, turns 21 today. Mr. Foshee said when he became a councilman 12 years ago Christopher was just nine years old.
Ms. Simank encouraged all the Council members to participate in the upcoming Oklahoma City Litter Blitz. She said the Litter Blitz organizers are looking for ways to involve all the wards in the campaign this year.
Ms. Simank reminded everyone to vote in the mayoral election next Tuesday, February 24. She said anyone needing to vote early should contact the Oklahoma County Election Board to make arrangements to do so.
Ms. Simank congratulated Westlawn Gardens for all the improvements they’ve made to their neighborhood over the past year. She thanked them for inviting her to the Valentine’s Day Dinner they hosted last week.
XI. Citizens to be Heard.
Retired U.S. Marine Corps Corporal John Pettyjohn, from Bethany, thanked the Council for giving hiring preference to veterans.
Troy Clymer, World War II veteran, 4505 SE 41st Street, Del City, also thanked the Council for giving hiring preference to veterans.
XI. Citizens to be Heard.
Louise Scoles, 601 SE 71st Street, spoke about the members of the Southeast High School Air Force ROTC being honored.
XII. City Manager Reports.
A. City’s Cable Regulatory Authority
Mr. McAtee asked if The City had the authority to remove MTV from the Cox Cable lineup. He said he’s had a lot of citizen complaints since the Super Bowl fiasco.
Mr. Couch said The City doesn’t have the authority to remove MTV from the programming.
XIII. Adjournment. 9:10 a.m.
Willa Johnson, Acting Vice-Mayor
ATTEST:
Frances Kersey, City Clerk
James D. Couch, City Manager