THE CITY OF OKLAHOMA CITY
JOURNAL OF COUNCIL PROCEEDINGS
REGULAR CITY COUNCIL MEETING
APRIL 1, 2003
(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on
March 28, 2003.)
I. Invocation and Pledge of Allegiance.
REVEREND RICK BRADFORD
BETHEL BAPTIST CHURCH
PLEDGE LED BY COUNCILMAN LIEBMANN
II. Call to Order. 8:35 a.m.
MAYOR HUMPHREYS PRESIDING.
ALL MEMBERS PRESENT.
III. From the Office of the Mayor.
A. Resolution of Commendation for the April 2003 South Oklahoma City Kiwanis
Club Employee of the Month, Deborah Anderson.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
PROCLAIMED: April 1 through May 12, 2003, as "LitterBlitz 2003 Days".
Received by Ellen Williams and Dennis Clowers, co-chairpersons.
Mayor Humphreys recognized Councilwoman Amy Brooks on her last City Council meeting
as the Ward 2 representative. Ms. Brooks presented tokens of appreciation to each
of the City Council members.
IV. A. Receive Journal of Council Proceedings for March 25, 2003.
RECEIVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
IV. B. Approve Journal of Council Proceedings for March 18, 2003.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
V. Request for Uncontested Continuances.
VI. Consent Docket.
A. Ordinances to be introduced and set for final hearing April 22, 2003:
1. (ABC-537) 3001 West Memorial Road, ABC-2 Alcoholic Beverage Consumption, Restaurant
With Alcohol overlaying the C-3 Community Commercial. Ward 8.
2. (PC-9773) 21111 SE 104th Street from AA Agricultural to R-A Single Family
Rural Residential. Ward 4.
3. (PC-9788) 12300 South Portland Avenue from PUD-507 Planned Unit Development
to R-1 Single Family Residential. Ward 5.
4. (PC-9791) 1312 South Pennsylvania Avenue from R-1 Single Family Residential
to C-3 Community Commercial. Ward 6.
5. (PUD-923) 16301-16425 North Pennsylvania Avenue and 2100-2236 NW 164th Street
from R-1 Single Family Residential to PUD-923 Planned Unit Development. Ward 8.
INTRODUCED AND SET FOR FINAL HEARING APRIL 22, 2003: A. 1-5. MOVED BY LIEBMANN,
SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE,
SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
B. 1. Ordinance to be introduced and set for final hearing May 6, 2003, (CE-605)
closing various 50-foot street easements south of NE 63rd Street and east of North
Santa Fe Avenue. Ward 7.
2. Resolution establishing a date for enactment of said ordinance and determining
those entitled to notice.
INTRODUCED AND SET FOR FINAL HEARING MAY 6, 2003: B. 1. ADOPTED: B. 2. MOVED
BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE,
RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
VI. C. Specifications to be advertised for bid:
1. Street resurfacing Contract No. PR-10-01/02 (seven locations). Wards 1 and
8.
2. Project PM-0157, street repairs, citywide. Wards 1, 2, 3, 4, 5, 6, 7 and
8.
APPROVED AND AUTHORIZED: C. 1, 2. RECEIPT DATE: APRIL 22, 2003. MOVED BY LIEBMANN,
SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE,
SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
D. Final plans and specifications to be advertised for bid, Project DC-0138B,
drainage improvements for Cloverleaf Creek, Villa Avenue east to Belleview Drive.
Ward 2.
APPROVED AND AUTHORIZED. RECEIPT DATE: APRIL 22, 2003. MOVED BY LIEBMANN, SECONDED
BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK,
JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
E. Preliminary Report for Project PC-0191, pavement reconstruction and/or resurfacing
of seven streets, vicinity of SW 89th Street and South Western Avenue; and authorization
to prepare final plans and specifications. Ward 5.
APPROVED AND AUTHORIZED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS,
CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC
WORKS DEPARTMENT.
F. Amendment No. 1 and Change Order No. 1, Project PC-0180, street improvements,
West Reno Avenue from Sara Road to Mustang Road; increase of $20,762.20. Ward 3.
APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
G. Amendment No. 1 to contract for engineering services, Project PC-0180, street
improvements, West Reno Avenue from Sara Road to Mustang Road; increase of $15,600.
Ward 3.
APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
VI. H. Amendment No. 1, Street Resurfacing Contract No. 4-99/00 (five locations);
decrease of $283,107.18. Wards 1, 2, 3 and 7.
APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
I. Final acceptance of Traffic Improvement Project TC-0293, pavement markings,
citywide; and placing maintenance bond into effect. Wards 1, 2, 3, 4, 5, 6, 7 and
8.
ACCEPTED AND PLACED IN EFFECT. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR
HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
PUBLIC WORKS DEPARTMENT.
J. Acceptance of permanent and temporary easements for sanitary sewer project
SC-0609, Phase II, NW 35th Street and Venice Boulevard to NW 40th Street and Pennsylvania
Avenue. Ward 2.
ACCEPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
K. Resolution declaring the necessity for acquiring and owning a permanent easement,
Project WC-0364, water line construction, NE 23rd Street from Phillips Avenue to
Martin Luther King Boulevard. Ward 7.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER
UTILITIES DEPARTMENT.
L. Receive the Semi-Annual Status Report from the Oklahoma City Metropolitan Area
Public Schools Trust, July 1, 2002 through December 31, 2002.
RECEIVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MAPS PROJECT OFFICE.
VI. M. Resolution approving the Memorandum of Understanding with the Oklahoma
City Public School District I-89 for the purpose of providing services to youth in
the Central Oklahoma Workforce Investment Area, and providing $13,500 of in-kind
services, retroactive to July 1, 2002 through June 30, 2003. Ward 6.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.
N. Second Amended Grant Agreement with the Oklahoma Industries Authority for purchase
of land for Quad/Graphics, Inc. to promote economic development, I-240 and South
Sunnylane Road. Ward 4.
APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
O. Receive the Official Election Returns for the Primary Election held March 18,
2003, for Councilmembers from Wards 2, 6 and 8.
RECEIVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. CITY CLERK'S OFFICE.
VII. Concurrence Docket.
VIII. Items Requiring Separate Votes.
A. Ordinances on final hearing (emergency) recommended for approval (five of
nine affirmative votes required for approval):
1. (ABC-534) 3416 North May Avenue, ABC-1 Alcoholic Beverage Consumption, Restaurant
With Limited Alcohol overlaying the C-3 Community Commercial. Ward 2.
Deferred from March 25, 2003.
DEFERRED TO MAY 6, 2003. PLANNING DEPARTMENT.
VIII. A. 2. (PC-9790) 6100 North Classen Boulevard from R-1 Single Family
Residential to I-1 Light Industrial. Ward 2.
ADOPTED WITHOUT EMERGENCY. ORD. #22,187. MOVED BY BROOKS, SECONDED BY LIEBMANN.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON
AND LIEBMANN. PLANNING DEPARTMENT.
3. (SPUD-310) 7820 South Pennsylvania Avenue from R-1 Single Family Residential
to SPUD-310 Simplified Planned Unit Development. Ward 5.
Planning Commission approval subject to the Summary of Technical Evaluation.
Deferred from March 25, 2003.
DEFERRED TO APRIL 8, 2003. PLANNING DEPARTMENT.
B. 1. Public hearing re:
a. 928 NE 17th Street (south house) Ward 7
b. 609 NW 50th Street (garage) Ward 2
2. Resolution declaring the structures are dilapidated; directing said structures
to be torn down, establishing dates of April 2, 2003 and May 2, 2003 for commencement
and completion of removal by owners.
ADOPTED: B. 1. a, b. MOVED BY JOHNSON, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS,
CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. NEIGHBORHOOD
SERVICES DEPARTMENT.
C. 1. Public hearing re:
a. 1443 East Park Place (house) Ward 7
b. 1448 East Park Place (garage) Ward 7
c. 2425 North Walker Avenue (commercial building) Ward 2
d. 424 NW 24th Street (apartment building) Ward 2
e. 428 NW 24th Street (apartment building) Ward 2
f. 327 SW 28th Street (duplex, garage) Ward 6
g. 214 SE 58th Street (house) Ward 4
h. 319 SE 60th Street (house) Ward 4
i. 304 NW 83rd Street (house) Ward 7
VIII. C. 2. Resolution declaring the structures are unsecured.
ADOPTED: C. 1. b-h. STRICKEN: C. 1. a, i. MOVED BY JOHNSON, SECONDED BY BROOKS.
AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON
AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.
$ D. Resolution approving a Parking Agreement and Ground Lease with Bricktown
Parking Investors, L.L.C., with respect to the former Union Pacific Railroad Property
north of Bricktown, MAPS Sports Entertainment Parking Support; and authorizing the
execution of the Parking Ground Lease and other actions in furtherance thereof.
Ward 7.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S
OFFICE.
E. Resolution consenting to the request of William R. Burkett, an Attorney at Law
who also serves as Municipal Counselor of The City of Oklahoma City, to be allowed
to represent Guy Liebmann, in the Oklahoma County District Court Case of Moshe Tal
v. Guy Liebmann, CJ-2003-2236, in his capacity as a private attorney.
ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON. ABSENT: LIEBMANN. MUNICIPAL
COUNSELOR'S OFFICE.
F. Enter into executive session to discuss collective bargaining negotiations for
fiscal year 2003-04 with Fraternal Order of Police, Lodge 123; International Association
of Fire Fighters, Local 157; and American Federation of State, County, and Municipal
Employees, Local 2406, as authorized by 25 O.S. (2001) §307(B)(2).
ENTERED INTO EXECUTIVE SESSION. MOVED BY JOHNSON, SECONDED BY BROOKS. AYES: MAYOR
HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
MUNICIPAL COUNSELOR'S OFFICE.
IX. Items from Council.
A. Resolution approving travel expenses for Councilman Larry McAtee to attend
the National League of Cities, Human Development Steering Committee Spring Meeting,
June 19-21, 2003, in Moorhead, Minnesota.
(Two-thirds affirmative vote required for approval)
ADOPTED. MOVED BY JOHNSON, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
B. Resolution supporting the "Building a Learning City" recommendations
of Project Kids and the MAPS for Kids Program placed before and adopted by the voters
of Oklahoma City and the Oklahoma City Public School District; affirming support
for the principle of local control of local schools by locally-elected school boards;
opposing HB 1725; and asking the State Senate to support MAPS for Kids and the Oklahoma
City Public Schools by defeating HB 1725.
Councilman Liebmann.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT,
BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
Mr. Cornett said when issues emerge like MAPS for Kids there are windows of opportunity
for citizen involvement and state legislators to have input. He said those windows
eventually close. Mr. Cornett said with MAPS for Kids the window has closed, the
voters have spoken and now we must focus on implementing what the voters approved.
Mr. Cornett said he is concerned about the completion of the new library running
1.5 years behind schedule. He wondered if it would be appropriate to have the local
firm hired to oversee the construction of the MAPS projects report to the City Council
in executive session about the progress of the library.
Mr. Couch said the local firm, FSB, is no longer available to the City because the
contract expired at the beginning of 2003. He reported the panel installation is
to commence beginning next Monday and the project should be completed in the September
to October timeline. Mr. Couch said William Burkett, Municipal Counselor, would
provide a briefing in executive session as to the status of the lawsuit if the Council
so desired.
IX.
Ms. Brooks said she would miss everyone on the City Council.
Mr. McAtee said he appreciated Paul Brum, Public Works Director, attending the neighborhood
meeting at Westbury South last Tuesday night and arranging for the contractor of
the widening of SW 15th Street project to attend.
Mr. McAtee encouraged the neighbors in Westbury North to attend their neighborhood
meeting scheduled for April 14, 2003. He said Mr. Brum has agreed to attend that
meeting to discuss the same project with the Westbury North residents.
Mr. Rinehart sent his condolences to Russell Vaught's family. Russell Vaught was
a driving force in Midwest City, south Oklahoma City, and eastern Oklahoma County.
Mr. Rinehart said Mr. Vaught would be greatly missed.
Mayor Humphreys said Russell Vaught was a friend to this city. The Mayor said Russell
had a positive attitude and was always looking to the future.
Mr. Foshee recognized William J. Manger, Presiding Judge of the Oklahoma City Municipal
Court. He commended Judge Manger on installing a new night court to accommodate
citizens who have a difficult time getting away during the daytime.
Mayor Humphreys told Judge Manger he has received nothing but glowing reports about
the changes being made in the Municipal Court.
Judge Manger thanked the Mayor and said the night court started about one week ago.
Ms. Brooks thanked Judge Manger for installing the night court. She commented it
was tried in the past and didn't succeed but she felt it was important to give it
another try.
Judge Manger said he would report back to Council about the progress of the night
court.
Ms. Johnson thanked Judge Manger for the night court. She said it was difficult
for most working people to take time off, often without pay, to appear in court and
this was a great solution to the problem.
Ms. Brooks asked if citizens could be educated about having the option to select
a night court date.
IX.
Judge Manger said he would talk to the court administrator to see what could
be done to assist with that education.
Mayor Humphreys said it would be a good idea to have Judge Manger appear on "Mayor's
Magazine" to let people know that the courts are trying to be responsive to
the citizens.
Judge Manger said he would be happy to appear on "Mayor's Magazine". He
also offered his services to appear at any neighborhood meetings to address legal
issues of interest to neighborhoods.
Mr. Foshee said the Judicial Committee meeting scheduled for today is being rescheduled
to next Tuesday since Councilwoman Johnson is leaving town today.
Mr. Foshee said the Aviation Committee would be scheduling a meeting to discuss contracts
for concessions. He also said he has received a number of calls complaining about
the drop off/pick up locations at Will Rogers Airport being congested.
Mr. Couch said a combination of the airport construction and complying with FAA security
regulations is making parking problematic at the airport.
Ms. Simank said Lynnwood is having its annual Neighborhood Association Meeting and
Waffle Breakfast this Saturday at 9:30 a.m. at Northwest Baptist Church. She encouraged
all of the Lynnwood residents to join them Saturday morning.
Ms. Simank thanked Northwest Baptist Church for hosting public meetings of many kinds
at their facility.
Ms. Johnson thanked the Eastside Capitol Gateway Main Street Program for helping
with the 23rd Street litter pick up.
Ms. Johnson said the McDonald's All Star Basketball Tournament would be held in Oklahoma
City in March 2004. The proceeds will be donated to the Ronald McDonald House.
Ms. Johnson said Leroy Kirk recently passed away. She worked with Leroy Kirk at
Tinker Air Force Base for several years. He was a longtime volunteer on the Urban
League and many other organizations. She asked for an Acknowledgement of Condolences
be sent to his family.
IX.
Ms. Johnson said she is leaving today at the National League of Cities expense
to testify before Congress on transportation issues affecting cities. She said she
would mention the I-40 Crosstown Expressway.
Mr. Liebmann thanked Paul Brum, Public Works Director, for attending the Fox Run
Neighborhood meeting last Saturday to discuss street issues.
Mr. Liebmann said today's paper is reporting that American Airlines employees are
taking a 17% pay cut so American Airlines will stay in business.
Mr. Liebmann said every time he goes up Lake Hefner Parkway he gets behind a lawn
maintenance crew with an uncovered load and gets yard debris all over his vehicle.
He wondered how many tickets are written for carrying uncovered loads.
Mr. Liebmann reminded everybody that the Water Trust meets today at 2:00 p.m.
X. Citizens to be Heard.
XI. City Manager Reports.
Mr. Couch passed out a brochure entitled "Budget Perspective" to the
Council. The brochure contains budget information put together by the Budget Office
and the Public Information Office. Mr. Couch recommended Councilmembers take the
brochures to neighborhood meetings. He said consideration would be given to find
other ways for getting broader brochure circulation.
Mr. Couch also said informational meetings for employees are scheduled for next week
allowing them an opportunity to ask questions about the budget situation.
Mr. Couch said yesterday Urban Renewal took proposals for the Skirvin Hotel as reported
in the paper. He said it looks like there are six or seven valid proposals.
1. Presentation and Report on Proposed Charter Amendments
XI.
Catherine O'Connor presented ten proposed amendments to the City Charter. The
presentation and report was compiled by Catherine O'Connor, Assistant City Manager/Finance
Director; Kenneth Jordan, Assistant Municipal Counselor; and Frances Kersey, City
Clerk.
2. Financial Summary for period ended June 30, 2002
XII. Adjournment. 10:52 a.m.
_____________________________
Kirk Humphreys
Mayor
ATTEST:
_____________________________
Frances Kersey
City Clerk
_____________________________
James D. Couch
City Manager