THE CITY OF OKLAHOMA CITY
JOURNAL OF COUNCIL PROCEEDINGS
REGULAR CITY COUNCIL MEETING
MARCH 30, 2004
(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on March 26, 2004.)
I. Invocation and Pledge of Allegiance.
REVEREND ROBERT WOODYARD
OUR LORD’S COMMUNITY CHURCH
PLEDGE LED BY COUNCILMAN MCATEE
II. Call to Order. 8:42 a.m.
MAYOR CORNETT PRESIDING.
ALL MEMBERS PRESENT.
III. From the Office of the Mayor.
A. Resolution of Commendation for the Northeast High School Vikings for winning the 4A High School State Basketball Championship.
ADOPTED. MOVED BY JOHNSON, SECONDED BY FOSHEE. AYES: MAYOR CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. ABSENT: RINEHART.
Mayor Cornett recognized Coach Phillip Ingersoll. Coach Ingersoll thanked the Council and he introduced Dr. Jan Borelli, Principal; Carless Cox, Site Athletic Coordinator; Annette Blythe, Booster Club President; and his wife, Marsha Ingersoll.
B. Appointment of Ronald J. Norick and Don C. Kaspereit to the Oklahoma City Riverfront Redevelopment Authority.
CONFIRMED. MOVED BY LIEBMANN, SECONDED BY RINEHART. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
PROCLAIMED: March 30-May 4, 2004 as LitterBlitz 2004 Days. Received by Ellen Williams, LitterBlitz Chairman.
IV. A. Receive Journal of Council Proceedings for March 16, 2004.
RECEIVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
B. Approve Journal of Council Proceedings for March 9, 2004.
APPROVED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
V. Request for Uncontested Continuances.
VIII. I. 1. and 2.
08-03-04
RECESS COUNCIL MEETING. 9:12 a.m.
CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY. 9:12 a.m.
(Majority of a Quorum required for approval)
1. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel to enter into a Form 14 Settlement of Workers’ Compensation Court Claim No. 2003-05947A, styled: Johnny Jones, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and authorizing the Municipal Counselor to assist said counsel in the rendition of said Petition to Judgment as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
OCMFA. 2. Joint Resolution authorizing the Risk Manager and the Oklahoma City Municipal Facilities Authority’s legal counsel not to appeal and to comply with the Order of the Oklahoma Workers’ Compensation Court Claim No. 2002-17923Q, styled: Pansy J. Norman, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
ADJOURN OCMFA. 9:12 a.m.
RECONVENE COUNCIL MEETING. 9:12 a.m.
VI. Consent Docket.
A. 1. Price Agreement with F.B.F., Inc. (OM4-C46158) for carbine, bushmaster model no. mcwsa3f14.em4 accessories and Armsafe trunk locking system, remainder of fiscal year 2003-04.
2. Resolution authorizing the open market purchase of the no bid item and related accessories for which a need cannot be specified, estimated cost $30,000, remainder of fiscal year 2003-04.
APPROVED: A. 1. ADOPTED: A. 2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PROCUREMENT SERVICES DIVISION.
B. Resolution authorizing the purchase of grounds equipment from State Contract S4-SW40190, retroactive to February 1, 2004 through June 30, 2004.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PROCUREMENT SERVICES DIVISION.
C. Ordinances to be introduced and set for final hearing April 20, 2004:
1. (PC-9875) 203 NW 59th Street from R-1 Single Family Residential to I-2 Moderate Industrial. Ward 2.
VI. C. 2. (PUD-979) 19300-19924 North Western Avenue and 601-1029 NW 192nd Street from R-1 Single Family Residential to PUD-979 Planned Unit Development. Ward 8.
3. (SN-040) changing the name of Garland Court, located in the Turtle Creek Estates Addition, to Turtle Pond Court. Ward 8.
4. (SP-346) Special Permit to operate an Emergency Shelter and Feeding Site in the I-2 Moderate Industrial, 704 West California Avenue. Ward 6.
5. (SP-348) Special Permit to operate a High Impact Institutional Use (hospital) in the O-2 General Office and R-4 General Residential, 1044 SW 44th Street. Ward 4.
INTRODUCED AND SET FOR FINAL HEARING APRIL 20, 2004: C. 1-5. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
D. Resolution allocating Community Development Block Grant Program income and recaptured funds to the Oklahoma City Urban Renewal Authority, $92,000 to continue authorized activities, and to the Neighborhood Services Department, $100,000 to continue the Exterior Maintenance Program through June 30, 2004; and authorization to execute an amendment to the Operating Agreement with the Oklahoma City Urban Renewal Authority for the increased funding.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
VI. E. Resolution expressing support for the application of G.M.O. Urban Ministries and Alliance Property Group to the Oklahoma Housing Finance Agency for Affordable Housing tax credits for the development of a new 60-unit senior housing project, 4000 North Kelley Avenue, provided such expression of support is conditioned upon the application for Affordable Housing tax credits to be filed by G.M.O. Urban Ministries and Alliance Property Group with the Oklahoma Housing Finance Agency meeting all applicable “threshold requirements” in Oklahoma Housing Finance Agency rules and upon the application meeting all other applicable legal requirements; and subject to approval of rezoning application.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
F. Resolution accepting the irrevocable letter of credit and dedications contained in the final plat of Shadow Ridge I, south of NE 122nd Street and east of Air Depot Boulevard. Ward 7.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
G. Resolutions accepting the subdivision bonds and dedications contained in the final plats:
1. Cascata Lakes, Section 2, south of SW 134th Street and east of May Avenue. Ward 5.
2. Sonoma Lake, Phase I, south of NW 164th Street and east of Pennsylvania Avenue. Ward 8.
ADOPTED: G. 1,2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
H. Resolution accepting the dedications contained in the final plat of Fenwick Garden Village, Section 4, north of NW 164th Street and east of Pennsylvania Avenue. Ward 8.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
VI. I. Contract for engineering services with Triad Design Group, Inc., Project PC-0259, new interchange, Interstate 40 and Morgan Road, fee of $857,000. Ward 3.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
J. Agreement with Oklahoma County for street improvements, PJ-OK-86, Pennsylvania Avenue from Mullholland Drive to approximately 600 feet north, not to exceed $25,000. Ward 8.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
K. Change Order No. 1, Project MB-0601, exterior renovation of 616 Colcord Building, 616 Colcord Drive, increase of $25,064. Ward 6.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
L. Amendment No. 2, Contract No. 5-98/99 (Project PC-0212), street resurfacing, six locations, decrease of $82,368.06; accepting the project and placing maintenance bond into effect. Wards 3, 4, 6 and 7.
APPROVED, ACCEPTED AND PLACED IN EFFECT. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
M. Final acceptances:
1. MAPS Project MP-0279, North Canadian River Buoys, North Canadian River from Eastern Avenue westward to Meridian Avenue, and placing maintenance bond into effect. Wards 3, 6 and 7.
2. Project MB-0572, new Central Maintenance Facility, Phase II, west of Portland Avenue, south of SW 15th Street; authorizing $100,000 be withheld until completion of punch-list items; and placing maintenance bond into effect. Ward 3.
VI. M. 3. Contract No. PR-10-01/02, street resurfacing, (seven locations); and placing maintenance bonds into effect. Wards 1 and 8.
ACCEPTED, AUTHORIZED AND PLACED IN EFFECT: M. 1-3. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
N. Final acceptance, Project DM-0217, channel cleaning and maintenance, channel east of Meridian Avenue from the North Canadian River north and west to MacArthur Boulevard; I-40 Service Road west of Meridian Avenue south to the detention pond; NW 10th Street and Vermont Avenue; NW 26th Street and Meridian Avenue. Ward 3.
ACCEPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
O. Acceptance of permanent easements, Project PC-0205, street and drainage improvements, SW 29th Street, Meridian Avenue to Portland Avenue, $4,270.47. Ward 3.
ACCEPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
P. Acceptance of one temporary storm sewer easement and two permanent sanitary sewer easements. Wards 5 and 8.
ACCEPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
Q. Acceptance of seven privately constructed storm and sanitary sewer projects; and placing maintenance bonds into effect as of the final inspection dates. Wards 3, 4, 5, 7 and 8.
ACCEPTED AND PLACED IN EFFECT. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
VI. R. Partial Release of a frontage road easement, south of West Reno Avenue, east of South MacArthur Boulevard. Ward 3.
RELEASED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
S. Acceptance of Preliminary Report, Project PC-0257, NE 23rd streetscape and street improvements, Broadway Avenue to Bath Avenue; and authorization to prepare final plans and specifications. Ward 7.
ACCEPTED, APPROVED AND AUTORIZED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
T. Receive Consultant Review Committee Report, Project PC-0267, reconstruction of SW 54th Street from Portland Avenue to MacArthur Boulevard; and Project PC-0268, reconstruction of NW 150th Street from Pennsylvania Avenue to May Avenue; and authorization to negotiate a contract. Wards 3 and 8.
RECEIVED AND AUTHORIZED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
U. Resolution authorizing the purchase of document imaging and content management products and services from State Contract S4-SW40169, March 30, 2004 through June 30, 2004.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.
V. Resolution approving sole source pricing agreement with Underground, Inc. (SS4-C49007) for the purchase of genuine “OEM” repair and replacement parts, accessories and repair services for an underground pipe inspection system, March 30, 2004 through June 30, 2004.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.
VI. W. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Oklahoma City Municipal Facilities Authority’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2002-17923Q, styled: Pansy J. Norman, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
X. Receive Oklahoma Department of Environmental Quality Permit, Project WT-0046, Phase I, Hefner Plant recovery pump station improvements, Hefner Water Treatment Plant, 4000 NW 108th Street. Ward 8.
RECEIVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.
Y. Agreement with Emergency Medical Services Authority for participation in the Oklahoma Office of Homeland Security First Responder Equipment Program, funded by, and pursuant to terms of State grants, retroactive to January 1, 2004 through December 31, 2004.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FIRE DEPARTMENT.
Z. Interlocal Agreement with Independent School District No. 53, Crooked Oak Schools for a Play in the Park program, June 16, 2004 through August 6, 2004. Ward 7.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.
AA. Landscape Improvement and Maintenance Agreements:
1. Eastside Capitol Gateway Foundation, Inc., to provide improvements and maintenance at Glen Ellyn Park, NE 22nd Street and Glen Ellyn Avenue, March 30, 2004 through March 29, 2009. Ward 7.
VI. AA. 2. Woodland Park Neighborhood Association, to provide improvements and maintenance at Flower Garden Park, NW 46th Street and Classen Boulevard, March 30, 2004 through March 29, 2009. Ward 2.
APPROVED: AA. 1,2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.
BB. First Amended and Restated Landscape Improvement and Maintenance Agreement with Historical Preservation, Inc., to provide improvements and maintenance for Alice Harn Park, 916 NW 15th Street, O’Neil Park, 725 NW 13th Street, Florence Park, 820 NW 15th Street, and certain medians located at NW 14th Street, North Shartel Avenue and North Robinson Avenue, not to exceed $12,495, March 30, 2004 through March 29, 2009. Ward 6.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.
CC. Oklahoma State Firemen’s Museum Maintenance Agreement with Oklahoma State Firemen’s Museum, Inc., to operate and maintain a public museum and other facilities, including a memorial to firefighters, NE 50th Street and Grand Boulevard, not to exceed $5,000 in-kind services, retroactive to July 1, 2003 through June 30, 2004. Ward 7.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.
DD. Resolutions approving applications for an Artists in the Communities Grant from the Oklahoma Arts Council for the Performing Arts Summer Camp Program:
1. Northwest Optimist Center, 3301 North Grand Boulevard, $1,000 with matching City funds of $400. Ward 2.
2. Northwest Optimist Center, 3301 North Grand Boulevard, $3,000 with matching City funds of $1,200. Ward 2.
ADOPTED: DD. 1,2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.
EE. Resolutions approving 2003-04 Building Blocks Neighborhood Matching Grants from the Community Development Block Grant Program:
1. Medical Community Neighborhood Association in the amount of $6,759.80 for Neighborhood Watch.
2. Gatewood Neighborhood Association, $10,000; Miller Neighborhood Association, $9,996; Cleveland Neighborhood Association, $6,643.08; and Garden Community Council, $3,360.92.
ADOPTED: EE. 1,2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.
FF. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,965.98 and all costs of the action in the Oklahoma County District Court in the claim filed by Southwestern Bell Telephone.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.
GG. Resolution declaring one ambulance chassis (VIN 1FDWF36F1YEC67521) surplus and approving transfer of said chassis to the Emergency Medical Services Authority.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
HH. Resolution authorizing the Risk Manager to destroy Workers’ Compensation files and other miscellaneous documents in the Office of Risk Management of The City of Oklahoma City, pursuant to Title 11 O.S. (2001) §22-131.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
VI. II. Resolution authorizing destruction of claim vouchers and attachments dated July 1, 1999 through June 30, 2002 and checks dated February, 2003 through January, 2004 in the Finance Department, as microfilmed or stored electronically, pursuant to Title 11 O.S. (2001) §22-132.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
JJ. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Form 14 Settlement of Workers’ Compensation Court Claim No. 2003-05947A, styled: Johnny Jones, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and authorizing the Municipal Counselor to assist said counsel in the rendition of said Petition to Judgment as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
VII. Concurrence Docket.
A. Concurrence with the Oklahoma City Water Utilities Trust in approving plans and specifications to be advertised for bids, Project WC-0455, water main replacement, NW 14th Street to NW 19th Street from Tulsa Avenue to Portland Avenue. Ward 3.
CONCURRED. BID RECEIPT DATE: APRIL 6, 2004. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.
VII. B. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1, Project WT-0046, Phase I, Hefner Plant improvements, Hefner Water Treatment Plant, 4000 NW 108th Street. Ward 8.
CONCURRED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.
C. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1, Project SC-0614, 8-inch, 10-inch, and 12-inch sanitary sewer main replacement, NW 12th Street to NW 16th Street between Drexel Boulevard and Independence Avenue; and Drexel Boulevard from NW 16th Street to NW 23rd Street; decrease of $2,193; accepting the project and placing maintenance bond into effect. Ward 6.
CONCURRED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.
D. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 3 and Change Order No. 3, Project SC-0609, Phase II, Deep Fork new relief line, NW 41st Street and Pennsylvania Avenue to NW 35th Street and May Avenue, increase of $120,095. Ward 2.
CONCURRED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.
E. Concurrence with the Oklahoma City Water Utilities Trust in receiving 2003 Facility Maintenance Inspection Report for the water and wastewater treatment plants. Wards 4, 5, 6, 7 and 8.
CONCURRED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.
F. Concurrence with the Oklahoma City Water Utilities Trust in approving contracts for engineering services:
1. Legacy Engineering, Inc., Project WC-0457, water main replacement, NW 14th Street to NW 20th Street from North Meridian Avenue to North Tulsa Avenue, fee of $88,500. Ward 3.
VII. F. 2. Robinson, Stafford & Rude, Inc., Project WC-0481, value engineering for Draper Water Treatment Plant Expansion, 13700 South Douglas Boulevard, fee of $85,282. Ward 4.
CONCURRED: F. 1,2. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
VIII. Items Requiring Separate Votes.
A. Ordinances on final hearing (emergency) recommended for approval (five of eight affirmative votes required for approval):
1. (ABC-561) ABC-3 Alcoholic Beverage Consumption, Club With Alcohol overlaying PUD-692 Planned Unit Development and I-2 Moderate Industrial, 130 East Reno Avenue. Ward 7.
ADOPTED WITHOUT EMERGENCY. ORD. #22,428. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. ABSENT: BOWMAN. PLANNING DEPARTMENT.
2. (PC-9864) property located approximately 1370 feet south of NE 122nd Street and approximately 1600 feet east of North Sooner Road from AA Agricultural to R-A Single Family Rural Residential. Ward 7.
ADOPTED WITHOUT EMERGENCY. ORD. #22,429. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. ABSENT: BOWMAN. PLANNING DEPARTMENT.
3. (PUD-960) 19300-19412 North Pennsylvania Avenue and 1929-2035 NW 192nd Street from R-1 Single Family Residential to PUD-960 Planned Unit Development. Ward 8.
Easement to be accepted.
Planning Commission approval subject to Summary of Technical Evaluation.
ADOPTED WITHOUT EMERGENCY. ORD. #22,430. APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION. EASEMENT ACCEPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
VIII. A. 4. (PUD-971) 2631-2643 Cedar Tree Road from PUD-60 Planned Unit Development to PUD-971 Planned Unit Development. Ward 8.
ADOPTED WITHOUT EMERGENCY. ORD. #22,431. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
5. (PUD-973) 750 South Mustang Road from PUD-788 Planned Unit Development to PUD-973 Planned Unit Development. Ward 3.
Planning Commission approval subject to Summary of Technical Evaluation as amended.
DEFERRED TO APRIL 13, 2004. MOVED BY MCATEE, SECONDED BY FOSHEE. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
6. (SPUD-331) 1317 SW 89th Street from R-1 Single Family Residential to SPUD-331 Simplified Planned Unit Development. Ward 5.
Planning Commission approval subject to Summary of Technical Evaluation as amended.
DEFERRED TO APRIL 13, 2004. PLANNING DEPARTMENT.
B. Ordinance on final hearing (emergency) recommended for approval (SP-345) Special Permit to operate a transitional mental health residential facility in the C-3 Community Commercial, 4400 North Lincoln Boulevard. Ward 7.
Planning Commission approval subject to Summary of Technical Evaluation.
ADOPTED WITHOUT EMERGENCY. ORD. #22,432. APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION. MOVED BY JOHNSON, SECONDED BY BOWMAN. AYES: MAYOR CORNETT, BOWMAN, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. ABSENT: MCATEE. PLANNING DEPARTMENT.
VIII. C. Ordinance on final hearing (emergency) recommended for approval (CE-626) to close a portion of Brookline Avenue, NW 38th Street, and a platted 14-foot alley, south of NW 39th Street and west of North May Avenue. Ward 2.
Deferred from March 9, 2004.
REFERRED BACK TO PLANNING COMMISSION. MOVED BY BOWMAN, SECONDED BY FOSHEE. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON. NAY: LIEBMANN. PLANNING DEPARTMENT.
D. 1. Amend Section 59-6300.1 N.5 from five years to three years for non-conforming uses.
APPROVED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN. NAY: FOSHEE.
2. Ordinance on final hearing, relating to zoning, amending Chapter 59, Article VI, Section 59-6300.1 of the Oklahoma City Municipal Code, 2002, pertaining to qualified use and structure regulations by providing conditions for vehicle impound yards and damaged vehicle auctions, and providing conforming uses.
Deferred from September 23, 2003, and March 23, 2004.
ADOPTED. ORD. #22,427. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN. NAY: FOSHEE. PLANNING DEPARTMENT.
E. Ordinance on final hearing (emergency) recommended for approval, (PUD-968) 9401 Lake Hefner Parkway from R-1 Single Family Residential to PUD-968 Planned Unit Development. Ward 8.
Planning Commission approval subject to Summary of Technical Evaluation.
Deferred from February 24 and March 9, 2004.
ADOPTED WITHOUT EMERGENCY. ORD. #22,433. APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION AS AMENDED (AMENDMENT: SITE PLAN). MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN. NAYS: BOWMAN, SIMANK AND JOHNSON. PLANNING DEPARTMENT.
VIII. F. Eighth Amendment to the East Wharf Lease Agreement with the Oklahoma City Water Utilities Trust and East Wharf Development LLC, to expand the leasehold to include the approximately 2.5419 acres north of the East Wharf Marina for the purpose of constructing a casual dining restaurant and recreational equipment sales and rental facilities, Lake Hefner Reservation, north of Britton Road and east of Lake Hefner Parkway. Ward 8.
Deferred from February 24, and March 9, 2004.
APPROVED. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN. NAYS: BOWMAN, SIMANK AND JOHNSON. WATER AND WASTEWATER UTILITIES DEPARTMENT.
G. 1. Public hearing regarding dilapidated structures:
a. 3228 Cashion Place (shed) Ward 2
b. 1625 South Kelham Avenue (shed) Ward 7
c. 2456 NW 1st Terrace (house) Ward 6
d. 1739 NE 18th Street (shed) Ward 7
e. 708 SW 24th Street (garage, house) Ward 6
f. 1415 NE 24th Street (shed) Ward 7
g. 2629 NW 24th Street (garage) Ward 2
h. 2812 SW 46th Terrace (carport, greenhouse, house) Ward 4
i. 901 NW 47th Street (garage) Ward 2
j. 3101 SW 62nd Street (shed) Ward 5
k. 1023 NW 85th Street (shed, west shed over cellar) Ward 2
l. 8401 NW 109th Street (house) Ward 8
2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of March 31, 2004 and April 30, 2004 for commencement and completion of removal by owners.
ADOPTED AS AMENDED: G. 1. a-g,i-l. DEFERRED TO MAY 25, 2004: G. 1. h. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON. ABSENT: LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.
H. 1. Public hearing regarding unsecured structures:
a. 2605 North Hudson Avenue (east garage, house, west garage) Ward 2
b. 1625 South Kelham Avenue (house) Ward 7
c. 3328 Parker Drive (house) Ward 4
d. 5924 NW 10th Street (north apartment) Ward 3
VIII. H. 1. e. 1508 NW 11th Street aka 1510 NW 11th Street (house) Ward 6
f. 1739 NE 18th Street (garage, house) Ward 7
g. 1415 NE 24th Street (house) Ward 7
h. 501 SE 49th Street (house) Ward 4
i. 133 NW 79th Street (house) Ward 7
j. 412 NW 84th Street (house) Ward 7
k. 1023 NW 85th Street (cellar, house) Ward 2
l. 1137 NW 95th Street (house) Ward 2
2. Resolution declaring the structures are unsecured.
ADOPTED AS AMENDED: H. 1. b-f, h-l. STRICKEN: H. 1. a,g. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON. ABSENT: LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.
I. 1. Public hearing.
2. Resolution creating Street Improvement Assessment District #1618, Booker between South Harrah Road and Main Street and on Main Street from Gilbert to one block north of Teddy in Newalla Original Addition; pursuant to 11 O.S. (2001) §39-101, et seq; acknowledging that a public hearing has been held; determining that the improvements requested by the Petitioner are advisable; directing the City Manager to take all necessary steps to cause the improvements to be constructed; including the competitive bidding of a contract for the construction of such improvements; and directing the City Manager to present such contract to the Council for consideration. Ward 4.
Deferred from September 23, 2003.
Request for deferral to August 3, 2004.
DEFERRED TO AUGUST 3, 2004. PUBLIC WORKS DEPARTMENT.
J. Revocable permit for holding the Redbud Classic, a high-quality sporting and community event, April 4, 2004, sponsored by Redbud Foundation Incorporated. Ward 2.
APPROVED. MOVED BY BOWMAN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON. ABSENT: LIEBMANN. PUBLIC INFORMATION OFFICE.
VIII. K. Resolution approving application for a Section 108 Loan Guarantee, in the amount of $1,000,000, renovation of the Gold Dome Building, 1112 NW 23rd Street; and authorization to execute the necessary documents. Ward 6.
DEFERRED TO APRIL 13, 2004. PLANNING DEPARTMENT.
L. 1. Resolution authorizing the Municipal Counselor to confess judgment without admitting liability in the case of Leetta Ann Harrison vs. The City of Oklahoma City, et al., United States District Court for the Western District of Oklahoma, Case No. CIV-03-1378-F, and directing the Municipal Counselor to prepare and file a Journal Entry incorporating said Resolution for the Court’s approval pursuant to 51 O.S. §158.
AND/OR
2. Enter into executive session with the Municipal Counselor to discuss said case as authorized by 25 O.S. (2001) §307(B)(4).
ADOPTED: L. 1. NO ACTION TAKEN: L. 2. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON. ABSENT: LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.
M. 1. Resolution authorizing the Municipal Counselor to confess judgment without admission of liability in a proposed pretrial settlement of the claim of Verna Smith, Personal Representative, in the case of Estate of Carolyn Prince, Deceased vs. The City of Oklahoma City, No. CJ-2001-3173, District Court of Oklahoma County, and to execute all necessary documents to pay said judgment.
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 SIMANK, SECONDED BY FOSHEE. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON. ABSENT: LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.
VIII. N. 1. Claims recommended for denial:
a. Nancy S. Murray $60
b. Raef Sudderth $330.50
c. Shirley Wilson $1,100.35
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: N. 1. a-c. NO ACTION TAKEN: N. 2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.
IX. A. 1. Claims for Approval,
a. George W. King $275
b. Sharad Swami $413.39
AND/OR
2. Enter into executive session with the Municipal Counselor to discuss the above claims as authorized by 25 O.S. (2001) §307(B)(4).
APPROVED: A. 1. a,b. NO ACTION TAKEN: A. 2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.
X. Items from Council.
A. Ordinance to be introduced and set for final hearing April 20, 2004, relating to zoning, amending Chapter 59, Article VII, Section 59-7200.2.C(4) of the Oklahoma City Municipal Code, 2002, as amended, regarding initiation of zoning amendments by the City Council; limiting when such amendments may be initiated by the City Council; deleting an obsolete reference to the “Community Development Director” and substituting therefore the term “Planning Director”.
Deferred from March 2, 2004.
Councilman Bowman.
DEFERRED TO APRIL 20, 2004.
X. B. Resolution requesting that the Planning Department, working in conjunction with the Oklahoma City Water Utilities Department, prepare an up-date of the “Lake Hefner Recreation Master Plan” based upon the impact of recent developments which have been approved at the East Wharf; to present the Up-Dated Plan to the Planning Commission for review and recommendation; and to forward the Up-Dated Plan, with comments and recommendations, to the City Council for review and referral to the Oklahoma City Water Utilities Trust for consideration.
Deferred from February 24 and March 9, 2004.
Councilman Bowman.
DEFERRED TO APRIL 13, 2004.
C. Resolution approving travel expenses for Councilmembers Ann Simank, Willa Johnson, and Larry McAtee, as it relates to their official duties with the National League of Cities.
(Two-thirds affirmative vote required for approval.)
ADOPTED. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
Mr. Foshee thanked his fellow Councilmembers for inquiring about his wife’s health during her recent surgery. He said he appreciated the letters, calls and flowers they received. He said his wife is recuperating nicely.
Mr. Foshee said he would love for Draper Lake to be considered by developers as a possible location for any restaurants they might want to build.
Ms. Simank thanked the City Manager for the encouraging sales tax report.
Ms. Simank reminded everyone that the litter pick up will start today at 4:00 p.m. at Oklahoma City Beautiful.
Ms. Simank said Miller neighborhood started their LitterBlitz last Saturday and some University of Oklahoma students helped them pick up trash. She said she didn’t make it to the Miller event because she was participating in the Linwood pick up.
X.
Ms. Simank said Mesta Park also had OU students helping them clean up their neighborhood last weekend. She congratulated OU on assisting with the neighborhood cleaning projects.
Ms. Johnson encouraged everyone to help with building the Playground at the Zoo.
Ms. Johnson said she noticed an article in the Oklahoman honoring Oklahoma City Police and Firefighters. She expressed her appreciation to our men and women in uniform.
Mr. Liebmann said some of the new trails south of the Oklahoma City Boat Club were under water after a recent rain. He wants the contractor to look at those new trails.
Mr. Bowman said he had a certificate for OU President, David Boren, recognizing the 800 OU students who participated in the “Adopt-a-City-Street” Program last weekend. He thanked Becky Durrett, Public Works Department, and the Oklahoma City Youth Councilors for participating as well.
Mr. McAtee attended the Windsor Forest Neighborhood Association meeting last Thursday night. The 23rd Street Station Apartments, one of the first in the Multi-Housing Crime Free Program, presented admission cards to residents of the Windsor Forest neighborhood which can be used to gain access to the swimming pool at the 23rd Street Station Apartments. He praised Cheryl Burkhart and Bruce Brown, 23rd Street Station Apartments management, and Bill Claflin, Windsor Forest Neighborhood Association President, for working together.
Mr. McAtee encouraged everyone to get out and see the street rods this weekend. He said a parade is scheduled to start at noon on Friday going through Downtown and Bricktown. He said the rods would be on exhibit at the Fairgrounds and will not be found on Meridian this year. Mr. McAtee recommended tuning in to City Channel 20 to see a special edition of City News devoted to this great event.
Mr. McAtee thanked the Musgrave-Pennington Neighborhood Association for hosting a chili supper last night. He said Musgrave-Pennington residents donated $200 to the American Cancer Society to show their appreciation to the OU students for helping with the flower bed cleaning last weekend.
Mr. McAtee said this Sunday at 2:00 p.m. he would be racing against his granddaughter in the Redbud Classic event. He said this is a great family-oriented event.
XI. Citizens to be Heard.
William Myles, 6412 Captains Drive, spoke about the lack of minority participation in City MAPS projects.
Alicia Benjamin, 3131 NW Expressway, spoke about the International Conference being hosted by the Oklahoma City Metropolitan Association of Realtors at the Waterford Marriott April 15-16, 2004.
XII. City Manager Reports.
A. Presentation about Eastside Reinvestment Area Project
Presentation given by Karl Hillerman, Chairman of the Empowerment Zone, and Kevin Perry, Chairman of the Steering Committee for the Eastside Reinvestment Area.
B. General Obligation Bonds, Series 2004
C. March 2004 Sales and Use Tax Collections
Mr. Couch said the March sales tax collections are up approximately $2 million for the year. He said if a one-time $2 million increase due to a recent tax change is adjusted out, the growth rate is approximately 3%.
XIII. Adjournment. 1:05 p.m.
Mick Cornett Mayor
ATTEST:
Frances Kersey City Clerk
James D. Couch City Manager