THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

MARCH 9, 2004

(The agenda was posted on the Council Chamber bulletin board at 4:04 p.m. on March 5, 2004.)

    I. Invocation and Pledge of Allegiance.

DR. STAN COSBY

ST. LUKE’S UNITED METHODIST CHURCH

PLEDGE LED BY COUNCILMAN MCATEE

   II. Call to Order.  8:35 a.m.

MAYOR CORNETT PRESIDING.

COUNCILMAN SAM BOWMAN, COUNCILWOMAN ANN SIMANK AND COUNCILWOMAN WILLA JOHNSON ABSENT.

  III. From the Office of the Mayor.

   IV. A. Receive Journal of Council Proceedings for March 2, 2004.

RECIEVED.  MOVED BY FOSHEE, SECONDED BY RINEHART.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.

     B. Approve Journal of Council Proceedings for February 24, 2004.

APPROVED.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.

    V. Request for Uncontested Continuances.

     VIII. A. VIII. B. X. A.

     03-30-04 03-30-04 03-30-04

RECESS COUNCIL MEETING.  8:38 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY.  8:38 a.m.

(Majority of a Quorum required for approval)

          1. Plans and specifications, Project PC-0171, street intersection and drainage improvements, SW 149th Street and South Pennsylvania Avenue; and authorizing the sale of plans and specifications from the Revolving A&E Account to The City of Oklahoma City in the amount of $73,200.  Ward 5.

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

          2. Oil and Gas Lease with Gulf Exploration, LLC, mineral rights, two tracts of land, Broadway Extension and I-44.  Wards 2 and 7.

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

     3. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement in the Workers’ Compensation Court Claim Nos. 2002-07396-K and 2003-05659Q, styled: Jo Ann Bustos, 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 LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  FINANCE DEPARTMENT.

OCMFA. 4. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement in the Workers’ Compensation Court Claim No. 2004-02089X, styled: Cecil Davis, 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 LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  FINANCE DEPARTMENT.

ADJOURN OCMFA.  8:39 a.m.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY.  8:39 a.m.

(Five of eight affirmative votes required for approval.)

     1. Renewal of contract with Deloitte & Touche LLP, arbitrage reporting and advisory services for fiscal year 2003-04 activity, not to exceed $4,500.

APPROVED.  MOVED BY LIEBMANN, SECONDED BY RINEHART.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  FINANCE DEPARTMENT.

ADJOURN OCPPA.  8:40 a.m.

RECONVENE COUNCIL MEETING.

   VI. Consent Docket.

       A. Ordinance to be introduced and set for final hearing March 16, 2004, (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.

STRICKEN.  PLANNING DEPARTMENT.

   VI. B. Acceptance of utility easements, north of NW 178th Street and west of May Avenue.  Ward 8.

ACCEPTED.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  PLANNING DEPARTMENT.

       C. Resolution accepting the irrevocable letter of credit and dedications contained in the final plat of Prairie Ridge Addition, Section 8, north of SE 89th Street and east of Sooner Road.  Ward 4.

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

       D. Resolution releasing the subdivision bond for Cascata Lakes, Section 1, south of SW 134th Street and east of May Avenue.  Ward 5.

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

       E. Final Plans and Specifications to be advertised for bids, Project PC-0171, street intersection and drainage improvements, SW 149th Street and South Pennsylvania Avenue; and authorizing the purchase of plans and specifications from the Oklahoma City Municipal Facilities Authority Revolving A&E Account in the amount of $73,200.  Ward 5.

APPROVED AND AUTHORIZED.  BID RECEIPT DATE:  MARCH 30, 2004.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       F. Change Order No. 1, Contract No. PR-2-02/03, street resurfacing, NW 16th Street, Meridian Avenue to the west side of I-44; SW 44th Street, Morgan Road to Sara Road; SW 15th Street, Czech Hall Road to Cemetery Road; and Paisley Road, Morgan Road to Sara Road; increase of $39,629.58.  Ward 3.

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

   VI. G. Amendment No. 1 and Change Order No. 2, Project PC-0126, Eastern Avenue from SE 15th Street to SE 29th Street, increase of $4,559.32.  Ward 7.

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

       H. Amendment Nos. 2 and 3 and Change Order No. 2, Project PC-0178, Project TC-0250, and Project WC-0417, intersection channelization and signalization improvements, SW 89th Street and Western Avenue, decrease of $96,421.84; accepting the projects and placing maintenance bonds into effect.  Ward 5.

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

       I. Acceptance of permanent easement, Project TC-0262, traffic control, NW 10th Street and Tulsa Avenue, $3,400.54.  Ward 3.

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

       J. Acceptance of 12 privately constructed projects, and placing maintenance bonds into effect as of the final inspection dates.  Wards 1, 3, 5 and 8.

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

       K. Final acceptances and placing maintenance bonds into effect:

          1. Project DC-0177, drainage and paving improvements, NW 25th Street and Peniel Avenue, north to NW 30th Street east of Peniel Avenue.  Ward 3.

          2. Contract No. PR-6-01/02, street resurfacing, North Robinson Avenue, NW 16th Street to NW 23rd Street.  Wards 6 and 7.

   VI. K. 3. Project MB-0652, Salt Storage Facility at Central Maintenance Facility, southwest from the intersection of SW 15th Street and Portland Avenue.  Ward 3.

ACCEPTED AND PLACED IN EFFECT:  K. 1-3.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       L. Acceptance of one permanent sanitary sewer easement, Project SD-1584, north of Memorial Road and west of Portland Avenue.  Ward 8.

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

       M. Dedication of permanent easement, Project WC-0355, water main construction, Hardin Drive and Martin Luther King Boulevard.  Ward 7.

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

       N. Oil and Gas Lease, with the Oklahoma City Municipal Facilities Authority and Gulf Exploration, LLC, mineral rights, two tracts of land, Broadway Extension and I-44.  Wards 2 and 7.

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

       O. Receive Consultant Review Committee Report, Project MP-0319, North Canadian Greenway Trail, I-35 Dallas Junction along both sides of the North Canadian River which connects the MAPS River Trails, Katy Trail, Tinker Draper Trail and the South Grand Boulevard Trail, I-40 and the Ft. Smith Junction; and authorization to negotiate a contract.  Wards 6 and 7.

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

   VI. P. Resolution approving Proposal by Oklahoma Testing Laboratories to establish prices for preliminary testing services, Project PC-0236, street improvements, Western Avenue, NW 150th Street to NW 164th Street.  Ward 8.

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

       Q. Grant permanent easements to OG&E Electric Service, to supply electrical power for concession stand, party house, and parking lot lights, South Lakes Park, 4440 SW 119th Street.  Ward 3.

GRANTED.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  PARKS AND RECREATION DEPARTMENT.

       R. Resolution requesting authority to deduct $25,500 in liquidated damages from final payment to Oklahoma City Freightliner, Inc. ATC American La France (R4-C38054), for late delivery of three 1,500 GPM Telebooms per contract specifications.

ADOPTED.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  FIRE DEPARTMENT.

       S. Oklahoma City Airport Trust Agreements:

          1. Lease Agreement, Florida RSA #8 LLC, dba: US Cellular, to provide transmission and reception of wireless communications signals, 6405 South Meridian Avenue, March 10, 2004 through March 9, 2009, $11,266.50 annually, Will Rogers World Airport.  Ward 3.

          2. Lease Agreement, LBR, Inc., leasing of office space relative to providing consulting services for airports, March 1, 2004 through February 28, 2007, Wiley Post Airport.  Ward 1.

   VI. S. 3. Passenger Airline Operating and Lease Agreement for Non-Signatory Airlines, TransMeridian Airlines, Inc., operation of a Part 121 charter carrier service between Oklahoma City and Las Vegas, Nevada and Orlando, Florida, retroactive to February 11, 2004 through December 31, 2004, Will Rogers World Airport.  Ward 3.

APPROVED:  S. 1-3.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  DEPARTMENT OF AIRPORTS.

       T. Resolution approving Agreement with the Oklahoma City Zoological Trust and the Oklahoma Zoological Society for fundraising and financial support, March 9, 2004 through March 8, 2014.

ADOPTED.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  ZOO.

       U. Resolution approving Construction and License Agreement with the Oklahoma City Zoological Trust, the Oklahoma Zoological Society and the Junior League of Oklahoma City, Inc., granting the Oklahoma Zoological Society and the Junior League of Oklahoma City, Inc. a non-exclusive revocable license to enter into the Zoo for the sole and only purpose of playground development and construction, March 9, 2004 through December 31, 2005.

ADOPTED.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  ZOO.

          V. Renewal of contract with Deloitte & Touche LLP for arbitrage reporting and advisory services for fiscal year 2003-04 activity, not to exceed $23,500.

APPROVED.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  FINANCE DEPARTMENT.

   VI. W. 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 in the Workers’ Compensation Court Claim Nos. 2002-07396-K and 2003-05659Q, styled: JoAnn Bustos, 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 LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  FINANCE DEPARTMENT.

     X. 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 in the Workers’ Compensation Court Claim No. 2004-02089X, styled: Cecil Davis, 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 LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  FINANCE DEPARTMENT.

     Y. Acceptance of Quit Claim Deed from MEDLAW Partnership for the donation of 3.38 acres of land along the North Canadian River, 1000 South McKinley Avenue.  Ward 6.

ACCEPTED.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

   VI. Z. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $2,219.01 and all costs of the action in the Oklahoma County District Court in the claim filed by Oklahoma Halfway House, Inc.

ADOPTED.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  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-0425, water main replacement, SW 59th Street to Madole Avenue from Independence Avenue to Drexel Avenue.  Ward 5.

          2. Project WT-0046, Phase I - Hefner Plant Improvements: Recovery Pump Station Improvements, Hefner Water Treatment Plant, 4000 NW 108th Street.  Ward 8.

CONCURRED:  A. 1,2.  BIDS RECEIPT DATE:  MARCH 23, 2004.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     B. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendments No. 1:

          1. Project SC-0672, emergency 8-inch sanitary sewer pipe repair, Walker Avenue to Hudson Avenue between NW 19th Street and NW 20th Street, decrease of $1,576.39; accepting the project and placing maintenance bond into effect.  Ward 6.

          2. Project SC-0673, 27-inch sanitary sewer slip liner pipe replacement, NW 150th Street and Western Avenue, decrease of $8,652.20; accepting the project and placing maintenance bond into effect.  Ward 8.

CONCURRED:  B. 1,2.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

  VII. C. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1 and Change Order No. 1, Project WC-0400, water main relocation, Eastern Avenue from SE 59th Street to SE 44th Street, increase of $23,418.83.  Ward 4.

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

     D. Concurrence with the Oklahoma City Water Utilities Trust in approving Change Order No. 1, Project WC-0402, water main replacement, NW 23rd Street to Cashion Place between Lyon Boulevard and Portland Avenue, increase of $8,004.  Wards 1 and 2.

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

     E. Concurrence with the Oklahoma City Water Utilities Trust in accepting Project SC-0671, emergency 24-inch point repair, south of Reno Avenue at the intersection of SW 2nd Street and Compress Street, $102,382.20; and placing maintenance bond into effect.  Ward 7.

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

     F. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution approving Approach “B” providing for a Spring 2004 negotiated sale mandating inclusion of Oklahoma City firms in the underwriting syndicate and directing the Trust’s financial advisor and bond counsel to finalize bond issuance documents for review by Trustees.

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

  VII. G. Concurrence with the Oklahoma City Water Utilities Trust in approving contract for engineering services with FHC, Inc. d.b.a. Tetra Tech FHC, Inc., treatment plant improvements, Project ST-0096, Deer Creek Wastewater Treatment Plant, NW 206th Street and Portland Avenue; Project ST-0097, Chisholm Creek Wastewater Treatment Plant, 22000 North Western Avenue; and Project ST-0098, South Canadian Wastewater Treatment Plant, 15924 South May Avenue, fee of $235,800.  Wards 5 and 8.

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

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

          1. Crooked Oak Public School District, intercom, fire alarm and bell systems, Crooked Oak High School, Crooked Oak Middle School and Crooked Oak Elementary School, 1901 SE 15th Street, $31,483.  Ward 7.

          2. Piedmont Public Schools, architectural fees, New Elementary School, Morgan Road and Memorial Road, $147,600.  Ward 8.

CONCURRED:  H. 1,2.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  MAPS PROJECT OFFICE.

     I. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution authorizing the General Manager to enter agreements, submit reports and complete any other documents on behalf of the Oklahoma City Metropolitan Area Public Schools Trust for the Federal Emergency Management Agency Safe Room Program.

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

  VII. J. Concurrence with the Oklahoma City Water Utilities Trust in approving Request for Proposals to be advertised, for Revenue Bond Underwriter Services; and authorization to appoint a Consultant Review Committee authorized to evaluate proposals, conduct interviews, and make recommendations to the Trustees.

CONCURRED.  PROPOSAL RECEIPT DATE:  MARCH 16, 2004.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

VIII. Items Requiring Separate Votes.

  A. 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 from February 24, 2004.

     Request to be deferred to March 30, 2004.

DEFERRED TO MARCH 30, 2004.  PLANNING DEPARTMENT.

       B. 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, 2004.

          Request to be deferred to March 30, 2004.

DEFERRED TO MARCH 30, 2004.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

VIII. C. Ordinances on final hearing (emergency) recommended for approval:

     1. (CE-625) closing a portion of the platted 10-foot alley, north of SW 4th Street and east of South Lee Avenue, amended to close only that portion of the alley from the west line of Lot 13 west to Lee Avenue.  Ward 6.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,423.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  PLANNING DEPARTMENT.

     2. (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 TO MARCH 30, 2004.  MOVED BY FOSHEE, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  PLANNING DEPARTMENT.

     D. Ordinance on final hearing, 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.

ADOPTED.  ORD. #22,422.  MOVED BY LIEBMANN, SECONDED BY MCATEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  MUNICIPAL COURTS.

     E. 1. Public hearing regarding dilapidated structures:

          a. 3229 South Harvey Avenue (attached shed, fence, garage, house)  Ward 6

          b. 2118 North Lottie Avenue (house)  Ward 7

          c. 3000 Pioneer Avenue (garage)  Ward 2

          d. 2411 SE 11th Street (shed)  Ward 7

          e. 1719 NW 12th Street (garage)  Ward 6

          f. 1629 NW 29th Street (garage, house)  Ward 2

          g. 2908 SE 45th Street (house)  Ward 4

          h. 737 SW 46th Street (garage)  Ward 4

          i. 732 SW 64th Street (shed)  Ward 5

          j. 632 SW 28th Street (garage)  Ward 6

          Deferred from December 9, 2003.

          k. 325 SE 42nd Street (house)  Ward 7

          Deferred from February 10, 2004.

VIII. E. 1. l. 3237 SW 160th Street (house)  Ward 5

          Deferred from February 24, 2004.

          2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of March 10, 2004 and April 9, 2004 for commencement and completion of removal by owners.

ADOPTED AS AMENDED:  E. 1. a, d, f-h, j, k.  DEFERRED TO APRIL 6, 2004:  E. 1. c.  DEFERRED TO MAY 04, 2004:  E. 1. b.  DEFERRED TO SEPTEMBER 14, 2004:  E. 1. l.  STRICKEN:  E. 1. e, i.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

     F. 1. Public hearing regarding unsecured structures:

          a. 1816 North Cherry Avenue (house)  Ward 7

          b. 2136 North Prospect Avenue (house)  Ward 7

          c. 2142 North Prospect Avenue (south house, north house, rear apartment)  Ward 7

          d. 2144 North Prospect Avenue (garage apartment)  Ward 7

          e. 2411 SE 11th Street (house)  Ward 7

          f. 1000 NW 24th Street (house)  Ward 2

          g. 117 SW 27th Street (house)  Ward 7

          h. 9 SW 28th Street (duplex)  Ward 7

          i. 909 NE 29th Street (shed)  Ward 7

          j. 2000 NW 48th Street (house)  Ward 2

          k. 1000 South McKinley Avenue (commercial building)  Ward 6

          Deferred from November 4, 2003, December 2, 2003, January 6, 2004 and February 2, 2004.

          2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED:  F. 1. a-d,f,g,i,j.  STRICKEN:  F. 1. e,h,k.  MOVED BY FOSHEE, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

     G. Resolution adopting the City Safety Manual of The City of Oklahoma City.

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

VIII. H. 1. Resolution calling a special primary election and, if necessary, a special general election for the office of Ward 1 Councilmember of The City of Oklahoma City, as required by Oklahoma City Charter, Article II, §4, as amended, to fill the balance of the unexpired term of Councilman Mick Cornett, Ward 1.

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

          AND

          2. Resolution notifying the Oklahoma County Election Board of the special election(s) to be held in The City in 2004 for the purpose of electing a person to fill the balance of the unexpired term of Councilman Mick Cornett, Ward 1.

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

       I. 1. Resolution authorizing the Municipal Counselor to confess judgment without admission of liability in a proposed pretrial settlement of the claim of case of Myrna Holkum vs. The City of Oklahoma City, et al., in the District Court of Oklahoma County, Case No. CJ-2002-7689, 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:  I. 1.  NO ACTION TAKEN:  I. 2.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

     J. 1. Claims recommended for denial:

          a. Jacqueline Ballard  $65

          b. Aeronica M. Ferguson  $19.44

          AND/OR

VIII. J. 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:  J. 1. a,b.  NO ACTION TAKEN:  J. 2.  MOVED BY FOSHEE, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

   IX. A. 1. Claims for Approval,

          a. Crown Heights-Edgemere Heights Improvement, Inc.  $250

          b. Forest Ryan Moser  $239.53

          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 FOSHEE, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  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.

          Deferred from February 24, 2004.

          Councilman Bowman.

          Request to be deferred to March 30, 2004.

DEFERRED TO MARCH 30, 2004.

    X. B. Ordinance to be introduced and adopted with emergency enacting a temporary prohibition on the issuance of Special Event licenses for any event to be held from 5:00 p.m., April 1, 2004, through 8:00 a.m., April 5, 2004, on premises located between the 300 Block North and the 2900 Block South, both inclusive, on Meridian Avenue; providing for an appeal to the License Appeals Board; and providing for an effective date.  Ward 3.

          Councilman McAtee.

INTRODUCED.  MOVED BY MCATEE, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.  DEFERRED EMERGENCY VOTE TO MARCH 16, 2004.  MOVED BY MCATEE, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE, AND LIEBMANN.

Mr. Rinehart congratulated former Ward 4 Youth Councilor, Zach Taylor, for being installed as one of only 100 National Merit Scholars from Oklahoma.  He said Zach scored over 30 on his ACT Assessment.

Mr. Rinehart said Quad/Graphics, 6801 South Sunnylane Road, was featured in a story in The Oklahoman.  He said Quad/Graphics landed a contract to print Newsweek magazine.  He said this new contract brings an additional 120-150 jobs to the Oklahoma City metro area.  Mr. Rinehart said when construction underway is completed in late 2005, Quad/Graphics would have the largest printing facility west of the Mississippi River.

Mr. Foshee requested Mayor Cornett issue a proclamation next week proclaiming March as Indian Temple 61st Annual Shrine Circus Month.  He said the Shriners raise money to fund centers to treat and care for crippled and burned children.  Mr. Foshee encouraged everyone to attend the 61st Annual Shrine Circus to be held March 25-28.

Mr. Liebmann encouraged citizens to enroll in the Total Care Program through Emergency Medical Services Authority (EMSA) as a way to reduce medical costs from emergency situations.  He said the enrollment period is open right now but will be ending soon.

Mr. McAtee thanked the Hefner Police Division for organizing a meeting last Thursday night where the progress in crime reduction in the NW 23RD Street and Meridian to MacArthur area was discussed.  He said Sgt. Tyara Nash and Sgt. Charles Epperly have been working with the Computer Statistics and Analysis Tracking (COMSTAT) project.  Mr. McAtee said the Police Division was not satisfied with the crime reduction rate and, therefore, made a commitment to keep COMSTAT operating another month.  Mr. McAtee said he is grateful for the integrity of the Oklahoma City Police Department.

   XI. Citizens to be Heard.

Larry Sherer, 4300 SW 29th Street, spoke about problems associated with a utilities reconstruction and street-widening project on SW 29th Street between Meridian Avenue and Portland Avenue.

Steve Flores, 3709 NW 59th Street, spoke against further commercialization around Lake Hefner.

P.M. Williams, 2213 NW 59th Circle, spoke about the land MEDLAW donated to Oklahoma City for beautification of the Riverfront.

  XII. City Manager Reports.

     A. Presentation on Will Rogers World Airport Terminal Construction Update.

Luther Trent, Airports Director, presented the construction update on the Terminal at Will Rogers World Airport.

  XIII. Adjournment.  9:53 a.m.

 

Mick Cornett, Mayor

ATTEST:

Frances Kersey, City Clerk

James Couch, City Manager