THE CITY OF OKLAHOMA CITY

FORMAL AGENDA

CITY COUNCIL

FEBRUARY 10, 2004

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on February 6, 2004.)

    I. Invocation and Pledge of Allegiance.

PASTOR BRAD KENDALL

SHARTEL CHURCH OF GOD

PLEDGE LED BY COUNCILMAN RINEHART

   II. Call to Order.  8:36 a.m.

VICE-MAYOR LIEBMANN PRESIDING.

COUNCILMAN SAM BOWMAN ABSENT.

  III. From the Office of the Mayor.

     A. Appointment of Earnest A. Morris and Jay Huston to the Oklahoma City Game & Fish Commission.

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

Vice-Mayor Liebmann recognized Ashley Perkins, Co-Chair of Downtown in December; Mike McAuliffe, Parade Director; and Kim Searles, with Downtown OKC, Inc. who presented awards to the 20^th Annual Downtown OKC Holiday Parade winners.  The awards given were:

Best Marching Band Award went to Star Spencer High School Marching Band received by Vivian Miller, Christian Miller and Kenneth Clark.

Best Entertainment Award went to John Marshal High School Marching Band received by Courtney Alexander, Samantha Railey and Daryl Christy.

Best Holiday Spirit Award went to Western Heights High School Marching Band received by Rachel Cook.

Judges Honorable Mention Award went to Jones High School Band received by Kiley Hill and Chris Wallace.

III.

Best of Parade Award went to the Daily Oklahoman received by Ron Clarke.

Crowd Favorite Award went to the Oklahoma Llama Association received by Joy Swihart.

Best Holiday Theme Award went to Arbroath Pipes & Drums received by Bob Chope.

   IV. A. Receive Journal of Council Proceedings for February 3, 2004.

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

     B. Approve Journal of Council Proceedings for January 21, 2004.

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

    V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING.  8:42 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY.  8:42 a.m.

(Majority of a Quorum required for approval)

          1. Acceptance of the audited financial statements for the fiscal year ended June 30, 2003.

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

  OCMFA. 2. Joint resolution ratifying and approving Addenda Nos. 1 and 2, extending time for award of contract and awarding contract to Westfahl Construction, Inc., Project MP-0233, development plan and park improvements, Douglass Park, 900 North Carverdale Drive, and Project MP-0234, athletic field improvements, Hefner Park, 6900 North Grand Boulevard; Stars and Stripes Park, 3701 South Lake Hefner Drive; Washington Park, 400 North High Avenue; Wheeler Park, 1120 South Western Avenue; and Wiley Post Park, 2021 South Robinson Avenue, $1,062,866; assigning GW2 Engineering Inc. as testing laboratory; and approving contract and bonds.  Wards 1, 2, 6, and 7.

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

     3. Joint resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2003-12058Q, styled: Ryan Matthew Boxwell, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

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

          4. Joint resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2000-13411X, styled: Dorles Reece, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, filed January 28, 2004, and further 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 in the event the Order is Joint Petitioned.

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

  OCMFA. 5. 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 Workers’ Compensation Court Claim No. 2002-10247X, styled: Larry Weeks, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, filed October 20, 2003.

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

          6. Resolution authorizing staff to negotiate a contract with Smith Roberts Baldishchwiler, LLC and Sanborn Map Company (joint venture) as primary vendor and, if necessary, with Surdex Corporation as secondary vendor to obtain updated digital orthophotography for The City, to obtain updated Digital Terrain Model Topographic contour data, and to access The City’s permanent monuments and re-certify or re-establish the network.  Wards 1, 2, 3 ,4, 5, 6, 7 and 8.

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

ADJOURN OCMFA.  8:46 a.m.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY.  8:46 a.m.

(Five of nine affirmative votes required for approval.)

     1. Partial acceptance and payment for Element #43 – Cannon of the Centennial Land Run Monument, $58,652; and authorization for staff to seek reimbursement from the federal grant administered by the Oklahoma Centennial Commission.

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

ADJOURN OCPPA.  8:46 a.m.

RECONVENE COUNCIL MEETING.

   VI. Consent Docket.

       A. Ordinances to be introduced and set for final hearing March 2, 2004:

          1. (ABC-558) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying the C-3 Community Commercial, 7800 North May Avenue.  Ward 2.

          2. (ABC-559) ABC-2 Alcoholic Beverage Consumption, Restaurant With Alcohol overlaying the PUD-31 Planned Unit Development, 13700 North Pennsylvania Avenue.  Ward 8.

          3. (PC-9860) 221 SW 89^th Street from R-1 Single Family Residential to C-3 Community Commercial.  Ward 5.

          4. (PC-9861) 331 NE 13^th Street from R-3 Medium Density Residential to O-2 General Office.  Ward 7.

          5. (PUD-967) 16400-16424 North May Avenue and 2824-2848 NW 164^th Street from R-1 Single Family Residential and PUD-317 Planned Unit Development to PUD-967 Planned Unit Development.  Ward 8.

          6. (PUD-969) property located south of NW 164^th Street and east of Pennsylvania Avenue from PUD-127A Planned Unit Development to PUD-969 Planned Unit Development.  Ward 8.

          7. (PUD-972) 7600 North Bryant Avenue from I-1 Light Industrial to PUD-972 Planned Unit Development.  Ward 7.

          8. (SPUD-330) 13601 North Meridian Avenue from C-3 Community Commercial/CUP-35C Community Unit Plan to SPUD-330 Simplified Planned Unit Development.  Ward 8.

INTRODUCED AND SET FOR FINAL HEARING MARCH 2, 2004:  A. 1-8.  MOVED BY FOSHEE, SECONDED BY RINEHART.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  PLANNING DEPARTMENT.

       B. Resolution releasing the subdivision bond for SummerRidge, Phase II, north of NW 164^th Street and east of May Avenue.  Ward 8.

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

   VI. C. Contract with Oklahoma City Abstract and Title Company and Stewart Abstract and Title of Oklahoma, Project MC-0221, title services, February 10, 2004 through June 30, 2004.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

       D. Change Order No. 1, Project MP-0265, improvements to swimming pools, Will Rogers Park, 3201 North Grand Boulevard; Lippert Park, 5501 South Shartel Avenue; and Sellers Park, 8303 South Villa Avenue, increase of $8,575.  Wards 1, 4 and 5.

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

       $ E. Change Orders No. 1:

          1. MAPS Project MC-0206A, canal hardscape improvements, Phase II Base Bid “A”, Santa Fe Railroad track and California Avenue southeasterly to Stiles Avenue, increase of $3,918.90.  Ward 7.

          2. MAPS Project MC-0206B, canal hardscape improvements, Phase II Base Bid “B”, Santa Fe Railroad track and California Avenue southeasterly to Stiles Avenue, increase of $13,494.70.  Ward 7.

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

       $ F. Amendment No. 6 to contract for engineering services, MAPS Project MC-0022, North Canal, Santa Fe Railroad track and California Avenue southeasterly to Stiles Avenue, fee increase of $26,500.  Ward 7.

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

   VI. G. Final acceptances:

          1. Project MP-0213, Construction Phase I of the Recreation and Sports Complex improvements in South Lakes Park, SW 119^th Street and South Meridian Avenue; and placing maintenance bond and additional maintenance bond into effect.  Ward 3.

          2. Project PC-0201, street resurfacing and/or reconstruction, Westminster Road, SE 74^th Street to SE 89^th Street; SE 89^th Street, Westminster Road to Hiwassee Road; and Hiwassee Road, SE 89^th Street to SE 149^th Street; and placing maintenance bond into effect.  Ward 4.

          3. Contract PR-7-01/02, street resurfacing, NW 36^th Street from Classen Boulevard to Portland Avenue; and placing maintenance bond into effect.  Wards 1 and 2.

          4. Contract PR-9-00/01, street resurfacing, South Midwest Boulevard, north side of bridge at I-240; Air Depot Boulevard, north of SE 74^th Street to SE 59^th Street; and Stinchcomb Road, NW 50^th Street to 986’ south; and placing maintenance bond into effect.  Wards 1 and 4.

ACCEPTED AND PLACED IN EFFECT:  G. 1-4.  MOVED BY FOSHEE, SECONDED BY RINEHART.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  PUBLIC WORKS DEPARTMENT.

     H. Joint resolution with the Oklahoma City Municipal Facilities Authority ratifying and approving Addenda Nos. 1 and 2, extending time for award of contract and awarding contract to Westfahl Construction, Inc., Project MP-0233, development plan and park improvements, Douglass Park, 900 North Carverdale Drive, and Project MP-0234, athletic field improvements, Hefner Park, 6900 North Grand Boulevard; Stars and Stripes Park, 3701 South Lake Hefner Drive; Washington Park, 400 North High Avenue; Wheeler Park, 1120 South Western Avenue; and Wiley Post Park, 2021 South Robinson Avenue, $1,062.866; assigning GW2 Engineering, Inc. as testing laboratory; and approving contract and bonds.  Wards 1, 2, 6, and 7.

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

   VI. $ I. Resolution declaring an emergency; waiving normal bidding period and advertisement for bids; approving final plans and specifications; ratifying and approving Addendum No. 1; and awarding contract to Downey Contracting, L.L.C., as lowest responsible bidder, MAPS Project MC-0234, Mid-Point Bridge, Santa Fe Railroad track and California Avenue southeasterly to Stiles Avenue; assigning Terracon, Inc., as testing laboratory; and approving contract and bonds.  Ward 7.

          (Two-thirds affirmative vote required for approval.)

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

     J. Resolution approving Memorandum of Understanding (Maintenance Agreement) for State Highway 152, Projects STPY-055A(739), J/P 00095(04); MGSY-155A (002), J/P 00095(08); and MGSY-155A(171), J/P 00095 (09), State Highway 152 from the Mustang city limits to I-44.  Ward 3.

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

     K. Receive Consultant Review Committee Report, Project TC-0275, provide a signalized intersection, NW 36^th Street and Youngs Boulevard; and authorization to negotiate a contract.  Ward 2.

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

     L. Lease with the Oklahoma Native American Sports Association, Inc., management and operation of the Wheeler Park Sports Complex, 1120 South Western Avenue, $500 in annual revenue, February 10, 2004 through February 9, 2009.  Ward 6.

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

   VI. M. Agreement with the Board of Regents of the University of Oklahoma, median maintenance on Lincoln Boulevard along old Highway 77, near the Oklahoma Health Sciences Center, $18,000, retroactive to July 1, 2003 through June 30, 2004.  Ward 7.

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

       N. Renewal of Take or Pay Water Service Agreement with the Oklahoma City Water Utilities Trust and Moore Public Works Authority, water service, May 1, 2004 through April 30, 2007.

APPROVED.  MOVED BY FOSHEE, SECONDED BY RINEHART.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

       O. Ordinance to be introduced and set for final hearing February 17, 2004, 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.

INTRODUCED AND SET FOR FINAL HEARING FEBRUARY 17, 2004.  MOVED BY FOSHEE, SECONDED BY RINEHART.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  FINANCE DEPARTMENT.

       P. Oklahoma City Airport Trust Agreements:

          1. Agreement for Mutual Aid in Fire Protection and Hazardous Materials Incidents Response, Okalahoma Air National Guard, provide needed mutual aid in fire protection and hazardous materials incidents response for the protection of life and property, Will Rogers World Airport.  Ward 3.

          2. Fuel Storage Facilities Agreement, 44SH, L.L.C., use of certain Trust-owned fueling facilities in connection with its corporate aircraft hangar/office space, Will Rogers World Airport, February 10, 2004 through February 9, 2024.  Ward 3.

   VI. P. 3. Lease Agreement, 44SH, L.L.C., lease of premises for construction and use of corporate hangar/office facility, Will Rogers World Airport, February 10, 2004 through February 9, 2024.  Ward 3.

          4. Lease and Operations Agreement, The Prop Shop, Inc., lease of facilities and associated premises for offices, storage and other purposes in connection with lessee’s aircraft restoration and maintenance operation, extend the term retroactive from February 1, 2004 through January 31, 2007, 7417 North Rockwell Avenue, Wiley Post Airport, $13,200 revenue annually.  Ward 1.

          5. Right of Way Agreement, Oklahoma Natural Gas Company, to lay, maintain and operate a pipeline to service the Terminal Building, Will Rogers World Airport.  Ward 3.

          6. Supplemental No. 10, United Parcel Service Company, lease of facilities for the operation of an air freight carrier handling service, January 1, 2004 through December 31, 2004, adjust rentals, $12,843.40 revenue annually, Bay M, Air Cargo Building Extension, Will Rogers World Airport.  Ward 3.

          7. Supplemental Agreement No. 15 to Lease and Operations Agreement, Sierra Aviation, Inc., lease of facilities and ground area for conduct of a fixed base operation, to lease approximately 235,059 additional square feet of ground space to building two hangars for aircraft painting and interior work, $18,804.72 revenue annually, February 10, 2004 through January 31, 2022, Wiley Post Airport.  Ward 1.

APPROVED:  P. 2-7.  STRICKEN:  P. 1.  MOVED BY FOSHEE, SECONDED BY RINEHART.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  DEPARTMENT OF AIRPORTS.

       Q. Receive the Oklahoma City Department of Airports Comprehensive Annual Financial Report for fiscal year ended June 30, 2003.

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

   VI. R. Contractual agreement with the Independent School District No. 89 of Oklahoma County, for the provision of school security services, $854,424 in revenue, retroactive to July 1, 2003 through June 30, 2004; and authorizing deposit of funds.

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

       S. Resolution declaring the cancellation of the regular Council meeting falling on Tuesday, March 23, 2004, due to the Council retreat to be held on that date; declaring items scheduled to be heard on March 23, 2004 be heard on March 30, 2004; and directing the City Clerk to give notice of such cancellation.

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

       T. Partial acceptance and payment for Element #43 – Cannon of the Centennial Land Run Monument, $58,652; and authorization for staff to seek reimbursement from the federal grant administered by the Oklahoma Centennial Commission.

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

       U. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $2,380.33 and all costs of the action in the Oklahoma County District Court in the claim filed by Karen Burston.

          2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $2,343.90 and all costs of the action in the Oklahoma County District Court in the claim filed by Matthew A. Overton.

ADOPTED:  U. 1,2.  MOVED BY FOSHEE, SECONDED BY RINEHART.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.   MUNICIPAL COUNSELOR’S OFFICE.

   VI. V. Joint resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2003-12058Q, styled: Ryan Matthew Boxwell, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

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

          W. Joint resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2000-13411X, styled: Dorles Reece, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, filed January 28, 2004, and further 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 in the event the Order is Joint Petitioned.

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

  VII. Concurrence Docket.

     A. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addenda Nos. 1 and 2, Project WT-0046, Hefner Water Treatment Plant improvements, Hefner Water Treatment Plant, 4000 NW 108^th Street.  Ward 8.

CONCURRED.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

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

CONCURRED.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     C. Concurrence with the Oklahoma City Water Utilities Trust in approving application from ERC Land Development Group, sanitary sewer main extension under Policy “B-1”, Project SB-0011, Somer’s Pointe subdivision, south of Reno Avenue and west of Cemetery Road.  Ward 3.

CONCURRED.  MOVED BY FOSHEE, SECONDED BY SIMNAK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     D. Concurrence with the Oklahoma City Water Utilities Trust in receiving Consultant Review Committee Reports:

          1. Project WC-0469, water main construction, North Western Avenue from Hefner Road to the Edmond meter connection at NW 200^th Street; and authorization to negotiate a contract.  Wards 2 and 8.

          2. Project WC-0481, value engineering for Draper Water Treatment Plant expansion, Draper Water Treatment Plant, 13700 South Douglas Boulevard; and authorization to negotiate a contract.  Ward 4.

CONCURRED:  D. 1,2.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  PUBLIC WORKS DEPARTMENT.

       E. Concurrence with the Oklahoma City Water Utilities Trust in receiving the Oklahoma Department of Environmental Quality permit (WT000055031299), Project WE-0046, Draper Water Treatment Plant, 13700 South Douglas Boulevard.  Ward 4.

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

  VII. F. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution ratifying and approving Addenda Nos. 1 and 2, and award contract to J.L. Walker Construction, Inc., Project ES-0002, renovation and additions, Wheeler Elementary School, Phase I, 501 SE 25^th Street; approving contract and bonds; waiving the engineer’s estimate requirement of the “Standard Specifications for the Construction of Public Improvements”; and authorization to execute signature of originals from the contractors upon receipt.  Ward 7.

CONCURRED.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  MAPS PROJECT OFFICE.

     G. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in final acceptance of Project ES-0009, to provide I-89 School District with 18 CNG mini school buses; and placing warranties into effect.

CONCURRED.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  MAPS PROJECT OFFICE.

VIII. Items Requiring Separate Votes.

  A. Ordinance on final hearing (emergency) recommended for approval (five of eight affirmative votes required for approval), (ABC-560) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying the C-4 General Business, 5100 North Classen Boulevard.  Ward 2.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,403.  MOVED BY FOSHEE, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, FOSHEE, SIMANK AND JOHNSON.  ABSENT:  RINEHART.  PLANNING DEPARTMENT.

VIII. B. Ordinances on final hearing:

          1. Authorizing installation of “Do Not Enter, 7:30 a.m. to 3:30 p.m., Monday through Friday” signs on SW 23^rd Street from Pennsylvania Avenue to Brock Drive for westbound traffic; and “Do Not Enter, 2:30 p.m. to 5:30 p.m., Monday through Friday” signs on NE 24^th Street from Prospect Avenue to Jordan Avenue for westbound traffic.  Wards 6 and 7.

ADOPTED.  ORD.  #22,399.  MOVED BY JOHNSON, SECONDED BY FOSHEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, FOSHEE, SIMANK AND JOHNSON.  ABSENT:  RINEHART.  PUBLIC WORKS DEPARTMENT.

          2. Authorizing installation of “Do Not Enter, 7:45 a.m. to 8:45 a.m. and 2:30 p.m. to 3:30 p.m., Monday through Friday” signs on NW 96^th Street from Military Avenue to University Avenue for westbound traffic; on University Avenue from NW 95^th Street to NW 96^th Street for southbound traffic; on Military Avenue from NW 95^th Street to NW 96^th Street for northbound traffic; installation of “Do Not Enter, 2:30 p.m. to 3:30 p.m., Monday through Friday” signs on SW 63^rd Street from Miller Avenue to May Avenue for eastbound traffic; “Do Not Enter, 7:00 a.m. to 8:00 a.m. and 4:30 p.m. to 5:30 p.m., Monday through Friday” signs on NE 6^th Street from Kate Avenue to Bath Avenue for eastbound traffic; and “Do Not Enter, 3:30 p.m. to 4:30 p.m., Monday through Friday” signs on Brookline Avenue from NW 23^rd Street to NW 24^th Street for northbound and southbound traffic.  Wards 2, 5 and 7.

ADOPTED.  ORD. #22,400.  MOVED BY FOSHEE, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, FOSHEE, SIMANK AND JOHNSON.  ABSENT: RINEHART.  PUBLIC WORKS DEPARTMENT.

VIII. B. 3. Authorizing the installation of “No Parking Anytime-Tow Away Zone” signs on the north side of Culbertson Drive between Lindsay Avenue and Phillips Avenue; “No Parking Anytime” signs on the south side of NE 30^th Street between Kelley Avenue and Hampton Avenue; on the north side of NW 12^th Street between Portland Avenue and Roff Avenue; and on the south side of NW 13^th Street between Portland Avenue and Roff Avenue.  Wards 3 and 7.

ADOPTED.  ORD. #22,401.  MOVED BY JOHNSON, SECONDED BY FOSHEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, FOSHEE, SIMANK AND JOHNSON.  ABSENT:  RINEHART.  PUBLIC WORKS DEPARTMENT.

          4. Authorizing the removal of Two-Hour Parking signs on the south side of NW 9^th Street from Harvey Avenue to approximately 100 feet east of Harvey Avenue in front of 920 NW 9^th Street.  Ward 6.

ADOPTED.  ORD. #22,402.  MOVED BY FOSHEE, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, FOSHEE, SIMANK AND JOHNSON.  ABSENT:  RINEHART.  PUBLIC WORKS DEPARTMENT.

     C. 1. Public hearing re:

          a. 3119 South Santa Fe Avenue (garage)  Ward 6

          b. 917 NW 9^th Street (house)  Ward 6

          c. 541 SE 31^st Street (house)  Ward 7

          d. 2213 SW 38^th Street (house, garage)  Ward 6

          e. 325 SE 42^nd Street (house)  Ward 7

          f. 2644 SW 42^nd Street (house)  Ward 6

          g. 1200 SW 66^th Street (house)  Ward 5

          2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of February 11, 2004 and March 12, 2004 for commencement and completion of removal by owners.

ADOPTED AS AMENDED:  C. 1. a,d,g.  STRICKEN:  C. 1. b,f.  DEFERRED TO MARCH 9, 2004:  C. 1. e.  DEFERRED TO JUNE 2, 2004:  C. 1. c.  MOVED BY FOSHEE, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  NEIGHBORHOOD SERVICES DEPARTMENT.

VIII. D. 1. Public hearing re:

          a. 2420 SW Grand Boulevard (house)  Ward 6

          b. 2308 SE 12^th Street (house)  Ward 7

          c. 2301 SW 27^th Street (house, shed)  Ward 6

          d. 711 SE 28^th Street (house)  Ward 7

          e. 541 SE 31^st Street (garage)  Ward 7

          f. 613 SE 32^nd Street (front house, rear house)  Ward 7

          g. 1236 SW 48^th Street (house, shed, storm cellar)  Ward 4

          2. Resolution declaring the structures are unsecured.

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

     E. Enter into Executive Session to discuss collective bargaining negotiations for fiscal year 2004-05 with Fraternal Order of Police, Lodge 123; International Association of Firefighters, 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 RINEHART.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  INSTRUCTIONS WERE GIVEN.  PERSONNEL DEPARTMENT.

     F. 1. Claims recommended for denial:

          a. John Flynn  $124.45

          b. USAA Casualty Insurance Company $1,162.77

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

   IX. A. 1. Claims for Approval,

          a. James M. Anthony  $150

          b. Brent D. Wensauer  $275

          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 FOSHEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  MUNICIPAL COUNSELOR’S OFFICE.

    X. Items from Council.

Ms. Johnson said she has a new grandson, Miles Ramsey Givens, weighing in at 7 lbs. 4 oz. born in Muskogee last week.

Ms. Johnson commended the South Parks Estates Neighborhood Association for the large turnout at the meeting.  She said Paul Brum, Public Works Director, attended as well.  Ms. Johnson said South Parks Estates has a Youth Neighborhood Association and she encouraged them to participate in the Youth Council Program.

Mr. Foshee said he appreciated the City Manager’s Report on holding debates on the City cable channel.  Councilman Foshee thought televising mayoral debates on the City cable channel would be an appropriate use of resources.  He thought an even better idea would be for Cox Cable to host a debate.  Mr. Foshee expressed concern over the rising costs for running a mayoral campaign.

Ms. Johnson said she thought having public forums was appropriate for candidates but she doesn’t believe the City Council should be responsible for hosting one.

Vice-Mayor Liebmann said there are other ways for candidates to get airtime for their campaigns.  He said Oklahoma Educational Television Authority  (OETA) has already hosted a debate for the mayor’s race and Channel 4 (KFOR-TV) is planning one for the near future.

Mr. McAtee encouraged citizens to get out on February 24^th and vote in the mayoral election.

Mr. McAtee thanked the Firefighters for inviting him to the Firefighter Awards Banquet.  He said he is always impressed with the high caliber of personnel in the Fire Department.

    X.

Mr. McAtee thanked Hilldale Neighborhood Association for the nice Chili Supper they hosted last Thursday night. 

Mr. McAtee reminded everyone to attend the Windsor Oaks neighborhood meeting tonight at Windsor Hills Elementary School.

Mr. Foshee said he has attended every Firefighters Banquet over the years but missed the last one because he was celebrating his birthday. 

Ms. Johnson said she attended the Firefighters Banquet and enjoyed it.  She said she was glad to see Byron Gambulos get the Special Recognition Award for his support of the department.  She said it was difficult for her to attend the banquet because she remembers how much fun she had last year attending the banquet with her son.

Mr. Cornett said the Firefighters Banquet would be a great event to televise because the stories told at the banquets are incredible.  He told about how a dispatcher saved the lives of several people who were going to jump from a burning high-rise building.  He said the dispatcher was able to convince them that the firefighters were on the way and that they should hold tight and wait. 

Mr. Cornett said Sunday he attended the 50^th Anniversary Celebration for the Civic Music Association.  He said the Civic Music Association does a wonderful job with classical and opera music.

Mr. Cornett said the Jim Thorpe Awards Banquet was held last night in Oklahoma City and he attended that as well.

  XI. Citizens to be Heard.

A. Clyde Madden, 1225 North Kate Avenue, campaign manager for Marcus Hayes, requested that the Mayor and Council treat all candidates equal.

XII. City Manager Reports.

     A. City Council Retreat Swimming Pool Follow-up Report

Mr. Couch said the report contains a list of swimming pools, which are in danger of being closed due to funding shortages.  He said the report also contained a proposed plan to sell “advertising rights” to private organizations and companies to generate funding for the pools.  He said if Council wanted to consider this proposed plan at a future meeting, he would put it on the docket. 

     B. Status of Equine Events at Fairgrounds

     C. Retiree Premium Rate Contributions

     D. Parking Space Dimensions

Mr. Couch said the average space in the Santa Fe Garage is 8 ½ feet wide and 7 ½ feet wide for the compact car spaces.  He said the new Galleria parking garage is being designed with spaces at a minimum of 9 feet in width.

     E. Mayor/Council Candidate Forums on Channel 20

XIII. Adjournment.  9:47 a.m.

 

Guy Liebmann, Vice-Mayor

ATTEST:

 

Frances Kersey, City Clerk

 

James D. Couch, City Manager