THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

FEBRUARY 24, 2004

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on February 20, 2004.)

    I. Invocation and Pledge of Allegiance.

NATIONAL ANTHEM PLAYED BY THE MUSTANG HIGH SCHOOL E JAZZ BAND UNDER THE DIRECTION OF LARRY EDGMON

INVOCATION BY COUNCILMAN MCATEE

PLEDGE LED BY COUNCILWOMAN SIMANK

   II. Call to Order.  8:41 a.m.

VICE-MAYOR LIEBMANN PRESIDING.

COUNCILMAN BOWMAN, COUNCILMAN FOSHEE, AND COUNCILWOMAN JOHNSON ABSENT.

  III. From the Office of the Mayor.

   IV. A. Receive Journal of Council Proceedings for February 17, 2004.

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

     B. Approve Journal of Council Proceedings for February 10, 2004.

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

    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. 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. 2001-19493Q, styled: Ann M. Wilson, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, filed January 29, 2004.

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

     2. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers’ Compensation Court Claim No. (to be assigned), styled: William E. Butler, 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 RINEHART, SECONDED BY MCATEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  FINANCE DEPARTMENT.

          3. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of Workers’ Compensation Court Claim No. 2004-01789K, styled: Leonard Link, 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 RINEHART, SECONDED BY MCATEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  FINANCE DEPARTMENT.

  OCMFA. 4. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of Workers’ Compensation Court Claim No. 2003-09899J, styled: Terry Lynn Myers, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, 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.

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

     5. a. Joint Resolution authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employee, Oklahoma City Police Officer R. Mark Easley in the United States District Court for the Eastern District of Virginia, Civil Action No. 04-110-A, styled: Arkansas Chronicle, et al., vs. R. Mark Easley, et al.

          AND/OR

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

ADOPTED:  5. a.  NO ACTION TAKEN:  5. b.  MOVED BY RINEHART, SECONDED BY MCATEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  MUNICIPAL COUNSELOR’S OFFICE.

ADJOURN OCMFA.  8:42 a.m.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY.  8:42 a.m.

(Five of nine affirmative votes required for approval.)

     1. Resolution allocating $70,000 from the Golf System Reserve Fund account for Lincoln Park Golf Course for golf course maintenance and operations.  Ward 7.

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

ADJOURN OCPPA.  8:43 a.m.

RECONVENE COUNCIL MEETING.

   VI. Consent Docket.

       A. Ordinances to be introduced and set for final hearing March 16, 2004:

          1. (PC-9867) 2826 West Lindley Avenue from R-1 Single Family Residential to I-1 Light Industrial.  Ward 6.

          2. (PUD-976) 500-520 SW 119th Street, 12000 Crystal Gardens Place, and 12001-12101 Crystal Gardens Place from PUD-709 and PUD-927 Planned Unit Development to PUD-976 Planned Unit Development.  Ward 5.

INTRODUCED AND SET FOR FINAL HEARING MARCH 16, 2004: A. 1.  DEFERRED TO MARCH 9, 2004:  A. 2.  MOVED BY RINEHART, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  PLANNING DEPARTMENT

       B. Resolution releasing the irrevocable letter of credit for Wildflower Addition, Section 3, south of SW 149th Street and west of Western Avenue.  Ward 5.

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

       C. Specifications to be advertised for bids, Project DM-0232, 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; and NW 26th Street and Meridian Avenue.  Ward 3.

APPROVED AND AUTHORIZED.  BID RECEIPT DATE:  MARCH 16, 2004.  MOVED BY RINEHART, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  PUBLIC WORKS DEPARTMENT.

       D. Change Order No. 3, Project PC-0246, streetscape improvements, NW 16th Street from Classen Boulevard to Pennsylvania Avenue, increase of $28,959.  Ward 6.

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

   VI. E. State-Local Disaster Assistance Agreement (FEMA 1355/1 465-DR-OK HMGP) with the State of Oklahoma for the “Operation Safe Room” Hazard Mitigation Grant Program.

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

       F. Acceptance of three permanent sanitary sewer easements and one permanent drainage easement.  Wards 5, 7 and 8.

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

       G. Acceptance of eight maintenance bonds for paving and drainage projects.  Wards 1, 3, 5, and 7.

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

       H. Final acceptance, Project MB-0428, coffee bar/gift shop, Civic Center Music Hall, 201 North Walker Avenue; and placing maintenance bond into effect.  Ward 6.

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

       I. Resolution approving Project Agreement with the Department of Transportation of the State of Oklahoma, Federal Aid Project STP-55B(802)AG, State Job No. 14364(04), South Eastern Avenue from SE 44th Street to SE 59th Street, $2,610,000.  Ward 4.

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

   VI. J. Professional Services Agreement with The Cultural Development Corporation of Central Oklahoma, performance of all services necessary to coordinate and facilitate the implementation of the Greater Oklahoma City Cultural Plan, $53,400, retroactive to July 1, 2003 through June 30, 2004.

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

       K. Rental Agreement with Dave Lindo, City-owned house located inside the grounds of the Martin Park Nature Center, 4700 West Memorial Road, February 24, 2004 through February 23, 2005, $280 per month.  Ward 8.

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

       L. Permit with Oklahoma City Youth Sports Association, Inc., management and operation of Stars and Stripes Park Sports Complex, Stars and Stripes Park, Lakeshore Drive and Portland Avenue, February 24, 2004 through February 23, 2009.  Ward 1.

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

       M. Ordinance to be introduced and set for final hearing March 9, 2004, relating to the General Schedule of Fees, amending Chapter 60 of the Oklahoma City Municipal Code, 2002, amending Sections 60-33-11 and 60-33-12, to collect court costs, certification/ authentication fees and mailing fees as set forth by State law.

INTRODUCED AND SET FOR FINAL HEARING MARCH 9, 2004.  MOVED BY RINEHART, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  MUNICIPAL COURTS.

       N. Granting of Quit Claim Deed to Neighborhood Services Organization, 912 North Douglas Avenue.  Ward 6.

GRANTED.  MOVED BY RINEHART, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  NEIGHBORHOOD SERVICES DEPARTMENT.

   VI. O. Resolution declaring certain City property surplus, 740 NW 112th Street, 701 NW 112th Street, 613 NW 112th Street, 633 NW 112th Street, and 625 NW 112th Street; between Olie Avenue and Lee Avenue; and authorization to advertise for publication for the purpose of disposing of said property.  Ward 2.

ADOPTED.  MOVED BY RINEHART, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  NEIGHBORHOOD SERVICES DEPARTMENT.

       P. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers’ Compensation Court Claim No. (to be assigned), styled: William E. Butler, 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 RINEHART, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  FINANCE DEPARTMENT.

       Q. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of Workers’ Compensation Court Claim No. 2004-01789K, styled: Leonard Link, 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 RINEHART, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  FINANCE DEPARTMENT.

   VI. R. 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 Workers’ Compensation Court Claim No. 2003-09899J, styled: Terry Lynn Myers, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, 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.

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

       S. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,801.89 and all costs of the action in the Oklahoma County District Court in the claim filed by Southwestern Bell Telephone.

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

  VII. Concurrence Docket.

     A. Concurrence with the Oklahoma City Water Utilities Trust in approving plans and specifications to be advertised for bids:

          1. Project WC-0483, water main replacement, Oak Hollow Road from Rolling Stone Road to Twisted Oak Road.  Ward 8.

          2. Project WC-0485, water main replacement, The Fountains at Canterbury Living Center, Reynolds Road (private), NW 122nd Street and west of Western Avenue.  Ward 2.

CONCURRED:  A. 1,2.  BIDS RECEIPT DATE MARCH 9, 2004:  A. 1,2.  MOVED BY SIMANK, SECONDED BY CORNETT.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

  VII. B. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment to Agreement with Oklahoma Gas & Electric Company, Project WT-0034, relocation of two power poles for two 5-million gallon clearwells, Hefner Treatment Plant, 4000 NW 108th Street, $2,950.  Ward 8.

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

     C. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1 and Change Order No. 1, Project SC-0640, Phase I, Tinker Relief Line improvements, SE 29th Street to SE 59th Street from Post Road to Sooner Road, increase of $10,930.  Ward 4.

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

     D. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contract to Jordan Contractors, Inc., Project SC-0556, sanitary sewer main replacement, SW 36th Street to Jo Ann Drive from Pennsylvania Avenue to Rancho Drive, $393,814.30; approving the attached contract and bonds; and authorizing execution upon receipt of signed originals from the contractor.  Ward 6.

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

     E. Concurrence with the Oklahoma City Water Utilities Trust in rejecting all bids, Project WT-0046, Hefner Plant Improvements, Hefner Water Treatment Plant, 4000 NW 108th Street.  Ward 8.

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

  VII. F. Concurrence with the Oklahoma City Water Utilities Trust in approving contracts for engineering services:

          1. MacArthur Associated Consultants, Ltd, Project SC-0665, Chisholm Creek Sanitary Sewer Relief Interceptor, NW 214th Street and Western Avenue to NW 183rd Street and Western Avenue, fee of $150,000.  Ward 8.

          2. Smith Roberts Baldischwiler, LLC, Project WC-0469, water main installation, North Western Avenue, from Hefner Road to the Edmond Water Connection at NW 200th Street, fee of $276,000.  Wards 2 and 8.

          3. Triad Design Group, Inc., Project ST-0095, North Canadian Wastewater Treatment Plant Improvements, 12800 North Anderson Road, fee of $357,000.  Ward 7.

CONCURRED:  F. 1-3.  MOVED BY SIMANK, SECONDED BY CORNETT.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  PUBLIC WORKS DEPARTMENT.

     G. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in ratifying and approving Addenda Nos. 1 and 2, Project ES-0006 and Project ES-0007, fire alarm systems, (ten schools); rejecting bids; and authorization to re-advertise final plans and specifications.  Wards 4, 5, 6 and 7.

CONCURRED.  BID RECEIPT DATE:  MARCH 16, 2004.  MOVED BY SIMANK, SECONDED BY CORNETT.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  PUBLIC WORKS DEPARTMENT.

     H. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution awarding contract for architectural services to Michael Mahaffey & Associates, PLLC, Project ES-0019, roof replacement projects, (eight schools), fee of $183,000; and approving contract and bonds.  Wards 2, 3, 4, 7 and Spencer.

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

  VII. I. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolutions recommending the Oklahoma City Public Schools Board of Education approve the Preliminary Reports:

          1. Project EB-0008, Ridgeview Elementary School, 10010 Ridgeview Drive; and authorizing the architect to proceed with final plans and specifications.  The Village.

          2. Project EB-0009, Telstar Elementary School, 9521 NE 16th Street; and authorizing the architect to proceed with final plans and specifications.  Midwest City.

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

     J. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving applications of funding:

          1. Millwood Public School District, replace parking lots, Millwood High School, 6718 Martin Luther King Avenue; and Millwood Elementary School, 6710 Martin Luther King Avenue, $35,496.71.  Ward 7.

          2. Moore Public School District, music/art classroom, Red Oak Elementary School, 11224 South Pennsylvania Avenue, $267,469.  Ward 5.

          3. Putnam City School District, remodel, Putnam City Center, 5604 NW 41st Street, $2,383,182.  Warr Acres.

          4. Western Heights Public School District, purchase of 144 band uniforms, Western Heights High School, 8201 SW 44th Street, $37,152.60.  Ward 3.

          5. Yukon Public School District, purchase approximately 41 acres to construct a new elementary school, Vandament Avenue and Mustang Road, $784,389.50.  Yukon.

CONCURRED:  J. 1-5.  MOVED BY SIMANK, SECONDED BY CORNETT.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  MAPS PROJECT OFFICE.

VIII. Items Requiring Separate Votes.

  A. Ordinances on final hearing (emergency) recommended for approval (five of eight affirmative votes required for approval):

          1. (ABC-557) ABC-1 Alcoholic Beverage Consumption, Restaurant with Limited Alcohol overlaying the C-3 Community Commercial, 4401 NW 23rd Street.  Ward 1.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,406.  MOVED BY CORNETT, SECONDED BY MCATEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  PLANNING DEPARTMENT.

          2. (PC-9846) 331 South Cemetery Road from R-4 General Residential to O-2 General Office and C-3 Community Commercial.  Ward 3.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,407.  MOVED BY MCATEE, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  PLANNING DEPARTMENT.

          3. (PC-9856) 12230 North Mustang Road from C-3 Community Commercial and R-1 Single Family Residential to R-4 General Residential.  Ward 8.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,408.  MOVED BY SIMANK, SECONDED BY MCATEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  PLANNING DEPARTMENT.

          4. (PC-9858) 11900 North Santa Fe Avenue from I-3 Heavy Industrial to I-2 Moderate Industrial.  Ward 7.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,409.  MOVED BY SIMANK, SECONDED BY MCATEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  PLANNING DEPARTMENT.

          5. (PC-9859) 1216 and 1238 NW 2nd Street from R-3 Medium Density Residential to I-1 Light Industrial.  Ward 6.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,410.  MOVED BY SIMANK, SECONDED BY RINEHART.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  PLANNING DEPARTMENT.

VIII. A. 6. (PUD-873) 12601 SE 74th Street from R-MH-2 Mobile Home Park to PUD-873 Planned Unit Development.  Ward 4.

          Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,411.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY RINEHART, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  PLANNING DEPARTMENT.

          7. (PUD-966) 2129-2245 SW 119th Street from R-1 Single Family Residential to PUD-966 Planned Unit Development.  Ward 5.

          Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,412.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY SIMANK, SECONDED BY RINEHART.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  PLANNING DEPARTMENT.

       B. Ordinance on final hearing (emergency) recommended for approval, (SP-344) Special Permit to operate a Mining and Processing: Minerals and Raw Materials use (sand excavation) in the AA Agricultural, 13901 South MacArthur Boulevard.  Ward 3.

          Planning Commission approval subject to the Summary of Technical Evaluation as amended.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,413.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY MCATEE, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  PLANNING DEPARTMENT.

       C. Ordinance on final hearing (emergency) recommended for approval (five of eight affirmative votes required 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 the Summary of Technical Evaluation.

DEFERRED TO MARCH 9, 2004.  MOVED BY SIMANK, SECONDED BY MCATEE.  AYES:  CORNETT, MCATEE, RINEHART, AND SIMANK.  NAY:  VICE-MAYOR LIEBMANN.  PLANNING DEPARTMENT.

VIII. D. 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 TO MARCH 9, 2004.  MOVED BY SIMANK, SECONDED BY MCATEE.  AYES:  CORNETT, MCATEE, RINEHART, AND SIMANK.  NAY:  VICE-MAYOR LIEBMANN.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     E. 1. Public hearing re:

          a. 900 North Ann Arbor Avenue aka 905 Patrick Drive (mobile home)  Ward 3

          b. 5000 Berryman Road (house)  Ward 4

          c. 3116 South Post Road (house)  Ward 4

          d. 3931 Springlake Drive (house)  Ward 7

          e. 1804 NE 19th Street (house)  Ward 7

          f. 512 SW 27th Street (east 32’ of house, east 9’ of garage, fence)  Ward 6

          g. 514 SW 27th Street (west 12’6” of house, west 48’ of garage, fence)  Ward 6

          h. 518 SW 27th Street (fence)  Ward 6

          i. 2607 SW 39th Street (add-on)  Ward 6

          j. 2700 SW 41st Street (house)  Ward 6

          k. 3237 SW 160th Street (house)  Ward 5

          2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of February 25, 2004 and March 26, 2004 for commencement and completion of removal by owners.

ADOPTED AS AMENDED:  E. 1. a-j.  DEFERRED TO MARCH 9, 2004:  E. 1. k. MOVED BY SIMANK, SECONDED BY RINEHART.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  NEIGHBORHOOD SERVICES DEPARTMENT.

     F. 1. Public hearing re:

          a. 2516 NW 13th Street (house, rear house)  Ward 6

          b. 412 SE 48th Street (house)  Ward 4

VIII. F. 2. Resolution declaring the structures are unsecured.

ADOPTED:  F. 1. a,b.  MOVED BY SIMANK, SECONDED BY MCATEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  NEIGHBORHOOD SERVICES DEPARTMENT.

     G. 1. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employee, Oklahoma City Police Officer R. Mark Easley in the United States District Court for the Eastern District of Virginia, Civil Action No. 04-110-A, styled: Arkansas Chronicle, et al., vs. R. Mark Easley, et al.

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

     H. Resolution giving consent for Councilman Sam Bowman, Ward 2, to miss five or more consecutive regular City Council meetings due to the illness of his beloved wife, Linda Bowman; and further expressing the City Council’s full and heartfelt support for Councilman Sam Bowman and his family in this time of need.

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

     I. 1. Claim recommended for denial:

          a. Helga Weiss  $74.15

          AND/OR

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

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

   IX. A. 1. Claims for Approval,

          a. Jere Cornman  $684.10

          b. Brenda Miller  $67.49

          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.  NO ACTION TAKEN:  A. 2.  MOVED BY SIMANK, SECONDED BY MCATEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.  MUNICIPAL COUNSELOR’S OFFICE.

    X. Items from Council.

     A. 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.

          Councilman Bowman.

DEFERRED TO MARCH 9, 2004.  MOVED BY CORNETT, SECONDED BY MCATEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, AND SIMANK.

Mr. McAtee reminded citizens to vote in the mayoral election today.  He said the polls are open until 7:00 p.m. tonight.

Mr. McAtee thanked the leaders of the neighborhoods involved with the 23rd Street Corridor Project for attending the meeting last night.  He said Bob Mier prepared a video presentation, which will be shown to all neighbors living around the 23rd Street Corridor area at a Town Meeting on April 12, at 7:00 p.m. at Windsor Hills Elementary School.

Mr. McAtee encouraged all residents of the Westbury South neighborhood to attend the meeting scheduled for this Thursday at 7:00 p.m.

    X.

Mr. Rinehart said recently he was following behind a truck collecting recyclable waste for The City.  He noticed the plastic containers were thrown into the back of the truck and the gate left open on the truck.  He said the plastic containers came spilling out as the truck turned a corner.  He requested that improvements be made to the collection process.

Mr. Rinehart talked about an article on prostitution, which appeared in The Oklahoman yesterday.  He asked if the prostitution issue could be readdressed.

Police Chief Citty said he would assess the disposition of prostitution cases and report back. 

Ms. Simank said she was traveling through the Westlawn Gardens neighborhood this morning and came upon a terrible accident at the intersection of North Villa Avenue and General Pershing Boulevard.  She asked if a traffic study might be conducted for that intersection as she has received numerous complaints about the danger potential there.

Ms. Simank encouraged everyone to get out and vote today in the mayoral election.

Ms. Simank said her father was recently in town and he checked out the new Bass Pro Shop in Bricktown.  She said he was impressed with the store and with the brisk sales taking place as well.

Mr. Liebmann said he was in Rio de Janeiro, our new Sister City, last week for a signing ceremony.  He said Devon Energy, Kimray, Inc., Tom Davis Lumber Company, and RAM Corporation, had representatives at the signing as well.   Mr. Liebmann said Brazil is the sixth largest trading partner for the United States.  He thinks Oklahoma City will benefit economically from having Rio de Janeiro as a Sister City.

   XI. Citizens to be Heard.

Steve Flores, 3705 NW 59th Street, spoke against commercialization around Lake Hefner.

  XII. City Manager Reports.

     A. Presentation on Crime Free Multi-Housing Program

Police Chief Citty delivered a presentation on the Crime Free Multi-Housing Program.

     B. February 2004 Sales and Use Tax Collections

Mr. Couch said the February sales tax collections were down $475,148, which is slightly below the monthly target but .89% above February of 2003.  Year-to-date the sales tax collections are $1.5 million above target.  The February use tax collections were up a little and, overall, just .92% below last year. 

XIII. Adjournment.  10:00 a.m.

Council adjourned to the Virtual Ribbon Cutting and Dedication of the City’s Enterprise Resource Planning System followed by a reception and Information Technology Department Tour.

 

Guy Liebmann, Vice-Mayor

ATTEST:

Frances Kersey, City Clerk

James D. Couch, City Manager