THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

AUGUST 3, 2004

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on July 30, 2004.)

    I. Invocation and Pledge of Allegiance.

DR. JULIUS CLAY, SENIOR PASTOR

GREATER CLEAVES MEMORIAL

PLEDGE LED BY COUNCILMAN FOSHEE

   II. Call to Order.  8:36 a.m.

MAYOR CORNETT PRESIDING.

COUNCILMAN LIEBMANN ABSENT.

  III. From the Office of the Mayor.

     A. Resolution of Commendation for the August 2004 South Oklahoma City Kiwanis Club Employee of the Month, Jeffrey Twiehaus.

ADOPTED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.

     B. Appointment of Carl E. Edwards, Jr. to the Oklahoma City Water Utilities Trust.

CONFIRMED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.

     C. Appointments of Kristin Buchanan, Rachael Meyers, Natasha Chaudry, Laura Flinton, Maggie Chong, David Johnson, Victoria Adigun, John Treadwell, Marquita Robinson, Evelyn Serrano, Amy Gibson, Victor Martinez, Jr., Sara Gnau, Rachel Pollack, Camal Pennington, Debreille Roseburr, Stephanie Reel and Clara Seaman to the Youth Council of Oklahoma City.

CONFIRMED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.

  III. D. Resolution authorizing travel expenses for Mayor Mick Cornett to attend the Mayors’ Technology Summit 2004 (Homeland Security, Safety, and Economic Development), October 7-8, 2004, Washington, D.C.

          (Two-thirds affirmative vote required for approval.)

ADOPTED.  MOVED BY SIMANK, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.

PROCLAIMED: August 3, 2004 as “National Night Out”.  Received by Georgia Rasco, Executive Director of Neighborhood Alliance.

   IV. A. Receive Journal of Council Proceedings for July 20, 2004.

RECEIVED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.

     B. Approve Journal of Council Proceedings for July 7, 2004.

APPROVED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.

    V. Request for Uncontested Continuances.

     VIII. B. VIII. C.

     09-14-04 08-31-04

RECESS COUNCIL MEETING.  9:24 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY.  9:24 a.m.

(Majority of a Quorum required for approval)

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

APPROVED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

  OCMFA. 2. a. Joint Resolution approving an Agreement with Peter Erdoes, P.C. to intervene and to represent the Oklahoma City Municipal Facilities Authority and The City of Oklahoma City in a subrogation case in the District Court of Oklahoma County, Oklahoma, Case No. CJ-2004-5510, styled: Juan Castillo vs. The City of Oklahoma City.

          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: 2 a.  NO ACTION TAKEN:  2. b.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  MUNICIPAL COUNSELOR’S OFFICE.

ADJOURN OCMFA.  9:25 a.m.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY.  9:25 a.m.

(Five affirmative votes required for approval.)

     1. Lease Agreement with the Oklahoma City Public Property Authority and the Oklahoma Industries Authority authorizing the Oklahoma City Public Property Authority to operate and maintain the Metro-Concourse and to continue to improve and provide services for such maintenance provided for in the Downtown Oklahoma City Business Improvement District Professional Services Agreement.  Ward 6.

APPROVED.  MOVED BY JOHNSON, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

ADJOURN OCPPA.  9:25 a.m.

RECONVENE COUNCIL MEETING.

   VI. Consent Docket.

       A. 1. Renewal of contract, Hojoca Corporation (R5-C46081), plumbing supplies, accessories and related items, retroactive to July 1, 2004 through June 30, 2005.

   VI. A. 2. Resolution authorizing the open market purchase of plumbing supplies, accessories, no bid items and related items for which a need cannot be specified (OM5-C46082), estimated cost $100,000, retroactive to July 1, 2004 through June 30, 2005.

APPROVED:  A. 1.  ADOPTED:  A. 2.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PROCUREMENT SERVICES DIVISION.

       B. Contract awards and approvals:

          1. Altec Industries (C58068), one brand new truck-mounted hydraulic articulating over center aerial device, $103,100.

          2. Kirby-Smith Machinery, Inc. (C58069), two brand new, latest model 85 horsepower industrial tractors, front-end loader and backhoe, $65,500.

AWARDED AND APPROVED:  B. 1,2.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  GENERAL SERVICES DEPARTMENT.

       C. 1. Pricing agreement awards and approvals, Bercher Ceramic Supply Inc. (C54026), Crafts, Etc. Limited (C54027), Dick Blick Company (C54028), Lakeshore Learning Materials (C54029), Nasco (C54030), Quill Corporation (C54031), S & S Worldwide (C54033), Sax Arts and Crafts (C54034), School Specialty (C54035), Triangle/A&E, Inc. (C54036); arts, crafts and drafting supplies; retroactive to July 1, 2004 through June 30, 2005.

          2. Resolution authorizing the open market purchase of related items for which a need cannot be specified (OM5-C54037), estimated cost $30,000, retroactive to July 1, 2004 through June 30, 2005. 

AWARDED AND APPROVED:  C. 1.  ADOPTED:  C. 2.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PROCUREMENT SERVICES DIVISION.

   VI. D. Resolutions authorizing sole source purchases:

          ¢ 1. Automated Fingerprint Identification System maintenance services from Sagem Morpho, Inc. (SS5-C54006), estimated cost $30,000, retroactive to July 1, 2004 until sole source agreement is approved.

          2. Kronos Time and Attendance System software licenses, maintenance, support, and equipment from Kronos Systems, Inc. (SS5-C58247), estimated cost $150,000, fiscal year 2004-05.

ADOPTED:  D. 1,2.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PROCUREMENT SERVICES DIVISION.

       E. Resolutions authorizing purchases from State Contracts, retroactive to July 1, 2004 through June 30, 2005:

          1. Mail room equipment and maintenance (S5-SW40049).

          2. Presort mailing services (S5-SW40095).

ADOPTED:  E. 1,2.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PROCUREMENT SERVICES DIVISION.

       F. Ordinances to be introduced and set for final hearing August 31, 2004:

          1. (ABC-568) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying I-2 Moderate Industrial, 201 South May Avenue.  Ward 6.

          2. (PC-9884) 11316 South Choctaw Road from AA Agricultural to R-A Single Family Rural Residential.  Ward 4.

          3. (PC-9890) 5700 South Czech Hall Road from AA Agricultural to R-A Single Family Rural Residential.  Ward 3.

          4. (PC-9895) 311 North Walker Avenue from R-4 General Residential and C-CBD Central Business to C-CBD Central Business.  Ward 6.

          5. (PUD-991) 701-825 SW 149^th Street from AA Agricultural to PUD-991 Planned Unit Development.  Ward 5.

   VI. F. 6. (PUD-1010) 5000-5328 SE 149^th Street from R-A Single Family Rural Residential to PUD-1010 Planned Unit Development.  Ward 4.

INTRODUCED AND SET FOR FINAL HEARING AUGUST 31, 2004:  F. 1-6.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PLANNING DEPARTMENT.

       G. Resolution approving three 2003 Supportive Housing Renewal Grant Agreements with the United States Department of Housing and Urban Development and Operating Agreements with United Way of Central Oklahoma, Inc., for Supportive Housing Project No. OK56B302003(G80008), $120,095; Neighborhood Services Organization, Inc., for Supportive Housing Project No. OK56B302007(G80012), $165,377; CarePoint, Inc., for Supportive Housing Project No. OK56B302008(G80013), $268,901; and authorizing execution of the grant documents.

ADOPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PLANNING DEPARTMENT.

       H. Resolution approving and authorizing execution of the First Amended and Restated Memorandum of Agreement and Sub-Grantee Operating Agreement with The Oklahoma Industries Authority for the Administration of Special Project Grants from the United States Department of Housing and Urban Development to Assist in the Development of the Oklahoma Aviation Maintenance, Repair and Overhaul Technology Center.  Ward 4.

ADOPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PLANNING DEPARTMENT.

       I. Second amendment to the Assistance Agreement with the United States Environmental Protection Agency for Superfund/Brownfield’s One Cleanup Cluster Planning Project: EPA Project No. SR-97656401-2; retroactive to June 30, 2004 through June 30, 2005.  Ward 7.

APPROVED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PLANNING DEPARTMENT.

   VI. J. Resolution approving the second amendment to an Assistance Agreement for the United States Environmental Protection Agency Superfund Innovative Technology Program, EPA Project No. BP-97628101-2; retroactive to June 30, 2004 through June 30, 2005.  Ward 7.

ADOPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PLANNING DEPARTMENT.

       K. Resolution approving grant application for a $38,000 United States Environmental Protection Agency grant for Eastside Reinvestment Area Reuse Planning, former NE 10^th Street salvage yard and landfill, the NE 4^th Street Refinery, and the Double Eagle Refinery.  Ward 7.

ADOPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PLANNING DEPARTMENT.

       L. Resolution accepting the subdivision bond and dedications contained in the final plat of Miller’s Gate 5^th Addition, north of NW 36^th Street and west of Sara Road.  Ward 1.

ADOPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PLANNING DEPARTMENT.

       M. Resolution releasing the subdivision bond for Winfield II, Section 5, south of SE 89^th Street and west of Bryant Avenue.  Ward 4.

ADOPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PLANNING DEPARTMENT.

       N. Ordinances to be introduced and set for final hearing on August 17, 2004 authorizing:

          1. Removal of “Bus Parking” spaces and the installation of “2-Hour” angle parking spaces on the south side of NW 8^th Street between Robinson Avenue and Harvey Avenue.  Ward 6.

   VI. N. 2. Installation of “Do Not Enter, 7:30 a.m. to 8:30 a.m. and 2:10 p.m. to 3:10 p.m., Monday through Friday” signs for northbound traffic on Olie Avenue between NW 24^th Street and NW 23^rd Street, and installation of “Do Not Enter, 7:30 a.m. to 8:30 a.m. and 2:10 p.m. to 3:10 p.m., Monday through Friday” signs for westbound traffic on east/west alley mid-block between NW 23^rd Street and NW 24^th Street from Olie Avenue to Francis Avenue.  Ward 2.

          3. Installation of “No Parking Anytime” signs on both sides of Olie Avenue between NW 24^th Street and NW 23^rd Street; removal of parking meters and the installation of “Trolley and Bus Parking Only” signs on the west side of Hudson Avenue between NW 5^th Street and NW 4^th Street; and removal of parking meters on the north side of NW 4^th Street from Hudson Avenue to 260 feet west.  Wards 2 and 6.

INTRODUCED AND SET FOR FINAL HEARING AUGUST 17, 2004:  N. 1-3.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       O. Specifications to be advertised for bids, Project DM-0240, channel cleaning and maintenance, (11 locations).  Wards 4 and 5.

APPROVED AND AUTHROIZED.  BID RECEIPT DATE:  AUGUST 24, 2004.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       P. Contract for engineering services with FBS Engineers, Inc., Project BC-0153, eastbound Memorial Road east of MacArthur Boulevard, and Project BC-0159, I-44 at NW 23^rd Street, I-44 at SW 29^th Street, and I-44 at NW 36^th Street; fee of $100,000.  Wards 1, 2, 3, 6 and 8.

APPROVED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

   VI. Q. Contract awards and approving contract and bonds:

          1. Rubicon Investment Co., Inc., Project DM-0236, channel cleaning and maintenance, North Canadian River, Walker Avenue to Eastern Avenue, $37,800.  Wards 6 and 7.

          2. A&A Investments, Project DM-0237, channel cleaning and maintenance, North Canadian River, Eastern Avenue to NE 36^th Street, $93,850.  Ward 7.

          3. Rudy Construction Co., Project PM-0165, utility cut repairs, $582,300.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

AWARDED AND APPROVED:  Q. 1-3.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       R. Ratify and approve Addendum No. 1 and award contract to Rudy Construction Co., Project PM-0162, street repairs, $495,817.50; and approving contract and bonds.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

RATIFIED, AWARDED AND APPROVED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       S. Ratify and approve Addendum No. 1, award contract, and approving contract and bonds:

          1. Muskogee Bridge Company, Inc., Project BC-0121, Bridge Rehabilitation, NE 4^th Street over the North Canadian River, $1,517,044.41; and assigning Standard Engineering and Testing as testing laboratory.  Ward 7.

          2. Markwell Paving Co., Inc., Project No. PR-1-01/02, Phase I, (11 locations), $1,322,091.25; and assigning Oklahoma Testing Laboratories as testing laboratory.  Ward 6.

          3. Haskell Lemon Construction Company, Project No. PR-3-03/04, Project No. 1, SE 59^th Street, Choctaw Road to Harrah Road and Project No. 2, South Peebly Road, SE 59^th Street to SE 44^th Street, $631,085.50; and assigning Oklahoma Testing Laboratories as testing laboratory.  Ward 4.

RATIFIED, AWARDED, ASSIGNED AND APPROVED:  S.  1-3.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

   VI. T. Interlocal Agreement with the Board of County Commissioners of Canadian County, street improvements, public streets common to Oklahoma City and Canadian County, retroactive to July 1, 2004 through June 30, 2005.  Wards 1, 3 and 8.

APPROVED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       $ U. Change Order No. 2, MAPS Project MP-0228, MAPS North Canadian River SCADA System/Monitoring Wells, North Canadian (Oklahoma) River from Eastern Avenue to MacArthur Boulevard, increase of $16,296.45.  Wards 3, 6 and 7.

APPROVED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       V. Change Order No. 3, Project MP-0305, South Lakes Park Phase II, SW 119^th Street and South Meridian Avenue, fee increase of $3,235.  Ward 3.

APPROVED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       W. Amendment No. 1 to contract for engineering services, Contract No. PR-1-01/02, resurfacing/rehabilitation improvements, (11 locations), increase of $9,000.  Ward 6.

APPROVED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       X. Final acceptance, Project DM-0223, channel cleaning and maintenance, (six locations).  Wards 1, 2, 3 and 8.

ACCEPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

   VI. Y. Acceptance of one permanent sanitary sewer easement and one permanent roadway easement.  Wards 7 and 8.

ACCEPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       Z. Acceptance of permanent and temporary easements, Project DC-0173, storm drainage, NW 55^th Street and Brookline Avenue.  Ward 2.

ACCEPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       AA. Acceptance of permanent and temporary easements, Project PC-0231, Project PC-0232 and Project PC-0233, Midtown Streetscape Project, NW 10^th Street and Walker Avenue.  Ward 6.

ACCEPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       BB. Resolution declaring the necessity for acquiring and owning permanent sanitary sewer easements, Project SB-0007, right-of-way for sanitary sewer main, NW 150^th Street and County Line Road.  Ward 8.

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

       CC. Resolutions amending the Certificates of Public Convenience and Necessity:

          1. Cudd Enterprises Corporation dba Pizazz Limousine Service to increase the number of vehicle permits from three to six, August 3, 2004 through June 30, 2005.

          2. Logan County Historical Society, Inc. dba First Capitol Trolley to increase the number of vehicle permits from two to three, August 3, 2004 through June 30, 2005.  

ADOPTED:  CC. 1,2.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

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

APPROVED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

       EE. Operating Agreement, Permit Dealer License, and Revocable Permit with Cross Timbers Riders Association, Inc. and Oklahoma Dirt Riders, Inc., establishing all responsibilities of Cross Timbers Riders Association, Inc. and Oklahoma Dirt Riders, Inc. once all off-road vehicle activity is relocated to the West Elm Creek Reservation from Lake Stanley Draper on January 1, 2005.  Ward 4.

APPROVED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

       FF. Amendment and Restatement of Lease and Easement Agreement with Midwest Cellular Telephone Limited Partnership dba AT&T Wireless Services, allowing AT&T Wireless Services to sub-lease tower space to US Cellular, former site of the Rural Refuse Transfer Center, southeast corner of SE 74^th Street, east of Douglas Boulevard.  Ward 4.

APPROVED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

       GG. Acceptance of permanent easement for the Deep Fork Interceptor sanitary sewer, Project 2E102, south of NW 50^th Street and east of Pennsylvania Avenue (NW Expressway and I-44 Service Road On Ramp, 50 Penn Place).  Ward 2.

ACCEPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

   VI. HH. Resolution accepting a $1,000 donation from Ms. Patricia McKnight, bench installation at Hefner Trails, adjacent to Stars and Stripes Park, 3701 South Lake Hefner Drive.  Ward 8.

ADOPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PARKS AND RECREATION DEPARTMENT.

       II. Resolutions approving Memorandum of Understanding with:

          1. Redlands Community College, to provide space, office furniture and equipment for use by staff of the Office of Workforce Development to serve customers of the Central Oklahoma Workforce Investment Area, retroactive to July 1, 2004 through June 30, 2005.

          2. Rogers State University, to provide assessment programs serving job seekers of the Central Oklahoma Workforce Investment Area, retroactive to July 1, 2004 through June 30, 2005.

ADOPTED:  II. 1,2.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PERSONNEL DEPARTMENT.

       JJ. Ordinance to be introduced and set for final hearing on August 17, 2004, repealing Section 2-30 of Division 1, Article II, Chapter 2 of the Oklahoma City Municipal Code, 2002, as amended; providing for regular council meetings following Monday holidays.

INTRODUCED AND SET FOR FINAL HEARING AUGUST 17, 2004.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  MUNICIPAL COUNSELOR’S OFFICE.

       KK. Resolution approving and authorizing execution of the Sixth Amended Loan/Grant Agreement with the Oklahoma City Industrial and Cultural Facilities Trust for continued operation, maintenance and improvement of the Journal Record Building and increasing the loan amount by $375,000.  Ward 6.

ADOPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  MUNICIPAL COUNSELOR’S OFFICE.

   VI. LL. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $863.06 and all costs of the action in the Oklahoma County District Court in the claim filed by Dale Blethen.

ADOPTED.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  MUNICIPAL COUNSELOR’S OFFICE.

       MM. Joint Resolutions with the Oklahoma City Airport Trust accepting the Grant Agreements for Federal Aviation Administration:

          1. Airport Improvement Program Grant No. 3-40-0071-009-2004, “Reconstruct Asphalt Portion of Runway 17L/35R; and Replace Existing Runway 17L/35R Medium Intensity Runway Lighting System”, Clarence E. Page Airport.  Ward 1.

          2. Airport Improvement Program Grant No. 3-40-0072-048-2004 for “Phase 2-B of Terminal Building Expansion and Renovation”, Will Rogers World Airport.  Ward 3.

          3. Airport Improvement Program Grant No. 3-40-0072-049-2004, “Improve Service Road around the North End of Runway 17R/35R; and Construct Taxiway North of Taxiway E-4”, Will Rogers World Airport.  Ward 3.

          4. Oklahoma Aeronautics Commission Grant No. F29-05-F, “Reconstruct and Strengthen Runway 17L/35R including Medium Intensity Runway Lighting, Grading and Marking”, Clarence E. Page Airport.  Ward 1.

ADOPTED:  MM. 1-4.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  DEPARTMENT OF AIRPORTS.

       NN. Resolution approving the Certificate of Public Convenience and Necessity for Trinity Health Transit, LLC, to operate 10 vehicles for hire in handicapped transportation service, August 3, 2004 through June 30, 2005.

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

  VII. Concurrence Docket.

     A. 1. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1, Project SM-0113, Phase III, Atoka shop roof replacement, Atoka Lake Road, and Project MC-0011, McGee Creek pumping station roof replacement, 555 South Farris Road.  Atoka.

          2. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contract to Oklahoma Roofing and Sheet Metal, Inc., Project SM-0113, Phase III, Atoka shop roof replacement, Atoka Lake Road, and Project MC-0011, McGee Creek pumping station roof replacement, 555 South Farris Road, $141,900; approving contract and bonds; and authorizing execution upon receipt of signed originals from the contractor.  Atoka.

CONCURRED:  A. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     B. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1, Project WE-0048, Overholser Water Treatment Plant low lift pump station leak repairs, Overholser Water Treatment Plant, 501 North Pennsylvania Avenue.  Ward 6.

CONCURRED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     C. 1. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 2, Project WC-0469, Phase II, waterline improvements, Western Avenue from the John Kilpatrick Turnpike to NW 142^nd Street, and along Western Avenue from NW 150^th Street to NW Fairview Farm Boulevard.  Ward 8.

  VII. C. 2. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contract to United Trenching, Inc., Project WC-0469, Phase II, waterline improvements, Western Avenue from the John Kilpatrick Turnpike to NW 142^nd Street, and Western Avenue from NW 150^th Street to NW Fairview Farm Boulevard, $2,003,911; approving contract and bonds; and authorizing execution upon receipt of signed originals from the contractor.  Ward 8.

CONCURRED:  C. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

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

          1. Project WC-0418, improvements and expansion of Lake Draper Water Treatment Plant, 13700 South Douglas Boulevard.  Ward 4.

          2. Project WC-0487, waterline relocation, North MacArthur Boulevard from NW 50^th Street to NW 63^rd Street.  Warr Acres.

CONCURRED:  D. 1,2.  BID RECEIPT DATE AUGUST 31, 2004:  D. 1.  BID RECEIPT DATE AUGUST 10, 2004:  D. 2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     E. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1:

          1. Project SC-0558, Lindley Avenue to NW 5^th Street along Kentucky Avenue, decrease of $39,675.22; accepting the project; and placing maintenance bond into effect.  Ward 6.

          2. Project SC-0605, NW 14^th Street to NW 19^th Street from Western Avenue to Walker Avenue, increase of $2,681.62; accepting the project; and placing maintenance bond into effect.  Ward 6.

CONCURRED:  E. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

  VII. F. Concurrence with the Oklahoma City Water Utilities Trust in approving:

          1. Change Order No. 2, Project SC-0640, Phase I, Tinker Relief Line, sanitary sewer improvements, SE 29^th Street to SE 59^th Street from Post Road to Sooner Road, increase of $11,430.  Ward 4.

          2. Change Order No. 5, 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, increase of $20,300.  Ward 2.

          3. Change Order No. 7, Project ST-0082, rehabilitation of raw sewage pump building I and II, North Canadian Wastewater Treatment Plant, 12800 North Anderson Road, increase of $62,922.81.  Ward 7.

CONCURRED:  F. 1-3.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     G. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution declaring an emergency; ratifying approval of the construction plans; waiving formal competitive bidding procedures; utilizing informal sealed bidding procedures; determining lowest responsible bidder; awarding contract to Urban Contractors, Inc., Project SC-0688, Emergency Sanitary Sewer Line Repair, NW 44^th Street to NW 43^rd Street from Western Avenue to Classen Boulevard, $127,100; issuance of an emergency work order; and approving contract and bonds.  Ward 2.

CONCURRED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     H. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contract to Brewer Construction Co., Project WC-0428, water main replacements, I-44 and Chicago Street between NW 39^th Terrace and NW 42^nd Street, from Linn Avenue to Altadena Avenue, $762,941; approving contract and bonds; and authorizing execution upon receipt of signed originals from the contractor.  Ward 2.

CONCURRED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

  VII. I. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolutions declaring an emergency; ratifying approval of the construction plans; waiving formal competitive bidding procedures; utilizing informal sealed bidding procedures; determining lowest responsible bidder; and awarding contract to:

          1. Urban Contractors, Inc., Project SC-0694, emergency sanitary sewer line repair, north of SW 15^th Street and east of MacArthur Boulevard, $193,510; ratifying issuance of emergency work order; and approving contract and bonds.  Ward 3.

          2. Urban Contractors, Inc., Project WE-0048, Overholser Water Treatment Plant low lift pump station leak repairs, Overholser Water Treatment Plant, 501 North Pennsylvania Avenue, $208,100; ratifying issuance of emergency work order; and approving contract and bonds.  Ward 6.

CONCURRED:  I. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     J. Concurrence with the Oklahoma City Water Utilities Trust in approving Preliminary Engineering Report, Project ST-0095, North Canadian Wastewater Treatment Plant Improvements, 12800 North Anderson Road; and authorization to prepare plans and specifications.  Ward 7.

CONCURRED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     K. Concurrence with the Oklahoma City Water Utilities Trust in approving rezoning application for a Planned Unit Development, to allow for use units for outdoor recreation, former 4^th Street Treatment Plant, NE 4^th Street and Bryant Avenue.  Ward 7.

CONCURRED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

  VII. L. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in recommending the Oklahoma City Public Schools Board of Education approve final plans and specifications to be advertised for bids:

          1. Project EB-0008, Ridgeview Elementary School addition and renovation, 10010 Ridgeview Drive.  The Village.

          2. Project EB-0009, Telstar Elementary School, 9521 NE 16^th Street.  Midwest City.

CONCURRED:  L. 1,2.  BID RECEIPT DATE AUGUST 24, 2004:  L. 1.  BID RECEIPT DATE AUGUST 31, 2004:  L. 2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

     M. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution approving specifications to be advertised for bids, Project ES-0020, Taft Middle School Early Start Chiller replacement project, 2901 NW 23^rd Street.  Ward 2.

CONCURRED.  BID RECEIPT DATE:  AUGUST 24, 2004.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

     N. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving project requirements:

          1. Project ES-0021, Britton Elementary School, 1215 NW 95^th Street.  Ward 2.

          2. Project ES-0022, North Highland Elementary School, 8400 North Robinson Avenue.  Ward 7.

          3. Project ES-0024, F.D. Moon Academy, 1901 NE 13^th Street.  Ward 7.

CONCURRED:  N. 1-3.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  MAPS PROJECT OFFICE.

  VII. O. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution approving Change Order No. 2, Project ES-0004 and Project ES-0005, fire alarm systems, (nine schools), increase of $738.  Wards 2, 3, 6 and 7.

CONCURRED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  MAPS PROJECT OFFICE.

     P. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution recommending the Oklahoma City Public Schools Board of Education award contract to Midwest Wrecking, Co., pending final contracts and closings on the properties, Project EB-0005A, demolition and site clearing of 22 properties located in the 1500 and 1600 blocks of SW 51^st Street, fee of $51,494; and approving contract and bonds.  Ward 4.

CONCURRED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  PUBLIC WORKS DEPARTMENT.

     Q. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution awarding and approving Architectural Services contract to Howard and Associates, Inc., Project ES-0014, Horace Mann Elementary School, 1105 NW 45^th Street, fee of $157,875.  Ward 2.

CONCURRED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  MAPS PROJECT OFFICE.

     R. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolutions recommending the Oklahoma City Public Schools Board of Education approve real estate purchase agreements:

          1. Project EB-0005, sale and closing costs, new Grant High School, 1531 SW 51^st Street; and authorize payment to Oklahoma City Title and Abstract Company, $41,271.  Ward 4.

  VII. R. 2. Project EB-0005, sale and closing costs, new Grant High School, 1605 SW 51^st Street; and authorize payment to Oklahoma City Title and Abstract Company, $51,435.  Ward 4.

CONCURRED:  R. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  MAPS PROJECT OFFICE.

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

          1. Putnam City School District, replacement of chalkboards, (14 schools), $325,000.  Wards 1 and 8, Bethany and Warr Acres.

          2. Putnam City School District, mechanical system renovation, Putnam City West High School, 8500 NW 23^rd Street, $1,498,000.  Ward 1.

CONCURRED:  S. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  MAPS PROJECT OFFICE.

     T. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution recommending the Oklahoma City Public Schools Board of Education approve Change Order No. 3, Project EB-0002, Star Spencer High School improvements, 3001 North Spencer Road, increase of $16,490.  Spencer.

CONCURRED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  MAPS PROJECT OFFICE.

VIII. Items Requiring Separate Votes.

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

     1. (ABC-565) ABC-3 Alcoholic Beverage Consumption, Club With Alcohol overlaying I-1 Light Industrial, 2838 South I-35 Service Road.  Ward 7.

ADOPTED WITH EMERGENCY.  ORD. #22,511.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT: FOSHEE.  EMERGENCY.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: FOSHEE.  PLANNING DEPARTMENT.

     2. (ABC-567) ABC-2 Alcoholic Beverage Consumption, Restaurant With Alcohol overlaying PUD-99A Planned Unit Development, 7101 NW Expressway, Suite 230.  Ward 1.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,512.  MOVED BY MARRS, SECONDED BY RINEHART.  AYES:  MAYOR CORNETT, MARRS, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT:  BOWMAN AND FOSHEE.  PLANNING DEPARTMENT.

          3. (PC-9891) 13900 North Thompson Road from AA Agricultural to R-1 Single Family Residential.  Ward 7.

ADOPTED WITH EMERGENCY.  ORD. #22,513.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT:  BOWMAN AND FOSHEE.  EMERGENCY.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  RINEHART.  PLANNING DEPARTMENT.

          4. (PC-9894) 2410 NW 1^st Terrace from R-1 Single Family Residential and I-2 Moderate Industrial to R-2 Medium Low Density Residential.  Ward 6.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,514.  MOVED BY SIMANK, SECONDED BY MCATEE.  AYES:  MAYOR CORNETT, MARRS, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT:  BOWMAN AND FOSHEE.  PLANNING DEPARTMENT.

VIII. A. 5. (PUD-1000) 9801-10145 NW 23^rd Street and 2401-2929 West Overholser Drive from AA Agricultural to PUD-1000 Planned Unit Development.  Ward 1.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,515.  APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY MARRS, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  PLANNING DEPARTMENT.

     6. (PUD-1001) 7500 South Choctaw Road from AA Agricultural to PUD-1001 Planned Unit Development.  Ward 4.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,516.  MOVED BY RINEHART, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  PLANNING DEPARTMENT.

     7. (PUD-1002) 400-524 South Westgate Drive from R-1 Single Family Residential, C-3 Community Commercial, and PUD-106 Planned Unit Development to PUD-1002 Planned Unit Development.  Ward 3.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,517.  MOVED BY MCATEE, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  PLANNING DEPARTMENT.

     B. Ordinance on final hearing (emergency), (PC-9888) 5400 South Cemetery Road from AA Agricultural to R-A Single Family Rural Residential.  Ward 3.

          Request for deferral to September 14, 2004.

DEFERRED TO SEPTEMBER 14, 2004.  PLANNING DEPARTMENT.

       C. Ordinance on final hearing (emergency), (PUD-1003) 1001 NW 43^rd Street from R-1 Single Family Residential to PUD-1003 Planned Unit Development.  Ward 2.

          Deferred from July 20, 2004.

          Request for deferral to August 31, 2004.

DEFERRED TO AUGUST 31, 2004.  PLANNING DEPARTMENT.

VIII. D. Ordinance on final hearing, relating to Vehicles for Hire; amending Chapter 56 of the Oklahoma City Municipal Code, 2002, by enacting a new Article III to be entitled “Carriages”; providing the definition of carriages; establishing business license and operating requirements; providing for driver’s permit requirements; and amending Chapter 60 by enacting a new Section 60-56-12 of Article I of Title 56 of Chapter 60 by establishing fees related to carriage business licenses and driver’s permit fees.

          Deferred from July 20, 2004.

ADOPTED.  ORD. #22,503.  MOVED BY JOHNSON, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, AND JOHNSON.  ABSENT: RINEHART.  PUBLIC WORKS DEPARTMENT.

     E. Ordinance on final hearing, relating to the General Schedule of Fees, amending the Oklahoma Municipal Code, 2002, amending Chapter 60, repealing Sections 60-47-29, 60-47-30, 60-55-16, 60-55-26 and 60-55-28 regarding sanitary sewer and water user charges, generally; by adopting new Section 60-47-29 regarding sanitary sewer user charges, new Section 60-47-30 regarding additional surcharge for industrial users, new Section 60-47-31 regarding monthly base rate charge for non-city water customers, new Section 60-55-15 regarding housekeeping unit charges, new Section 60-55-16 regarding water user charges, new Section 60-55-26 regarding dedicated private fire service charges, new Section 60-55-28 regarding additional and private monthly meter charges, and new Section 60-55-37 regarding after hours service call charges; amending Chapter 55, relating to utilities; amending Section 55-62 regarding usage charges inside and outside city; amending Section 55-63 regarding usage charge outside the city; and adopting new Section 55-81 regarding after hours service calls.

ADOPTED.  ORD. #22,502.  MOVED BY JOHNSON, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  RINEHART.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

VIII. F. Ordinances on final hearing, authorizing the installation of:

          1. “No Parking Anytime” signs on the west side of North Peniel Avenue between NW 63^rd Street and College Avenue, and “2-Hour Parking” signs on the east side of North Peniel Avenue between NW 63^rd Street and College Avenue.  Ward 1.

ADOPTED.  ORD. #22,504.  MOVED BY JOHNSON, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  RINEHART.  PUBLIC WORKS DEPARTMENT.

          2. “No Parking Anytime” signs on the north side of NW 7^th Street between Classen Boulevard and Francis Avenue.  Ward 6.

ADOPTED.  ORD. #22,505.  MOVED BY JOHNSON, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  RINEHART.  PUBLIC WORKS DEPARTMENT.

          3. “No Parking Anytime” signs on the west side of Saratoga Drive between NW 123^rd Street and NW 124^th Street.  Ward 8.

ADOPTED.  ORD. #22,506.  MOVED BY JOHNSON, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  RINEHART.  PUBLIC WORKS DEPARTMENT.

          4. “No Vehicles in Excess of Two Axles” signs on Missouri Avenue between SE 40^th Street and SE 36^th Street (Grand Boulevard), and SE 40^th Street between Missouri Avenue and Prospect Avenue.  Ward 7.

ADOPTED.  ORD. #22,507.  MOVED BY JOHNSON, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  RINEHART.  PUBLIC WORKS DEPARTMENT.

          5. “No Parking, 6:00 a.m. to 6:00 p.m., Monday through Friday, Tow-Away Zone” signs on the south side of Cambridge Court extending from May Avenue approximately 550 feet east to the east property line of 2816 Cambridge Court.  Ward 2.

ADOPTED.  ORD. #22,508.  MOVED BY JOHNSON, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  RINEHART.  PUBLIC WORKS DEPARTMENT.

VIII. F. 6. Five “2-Hour Handicap Parking” spaces on NW 6^th Street between Hudson Avenue and Harvey Avenue, north side.  Ward 6.

ADOPTED.  ORD. #22,509.  MOVED BY JOHNSON, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  RINEHART.  PUBLIC WORKS DEPARTMENT.

          7. “No Parking Anytime” signs and removal of the existing parking meters on Hudson Avenue between Dean A. McGee Avenue and Robert S. Kerr Avenue, east side.  Ward 6.

ADOPTED.  ORD. #22,510.  MOVED BY JOHNSON, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  RINEHART.  PUBLIC WORKS DEPARTMENT.

     G. 1. Public hearing regarding dilapidated structures:

          a. 2740 Featherstone Road (commercial building)  Ward 8

          b. 3513 South Goff Avenue (shed)  Ward 3

          c. 519 South Miller Place (house)  Ward 6

          d. 1507 NE 7^th Street (house)  Ward 7

          e. 2052 NE 30^th Street (garage)  Ward 7

          f. 1721 NE 33^rd Street (garage)  Ward 7

          g. 3500 SW 40^th Street (house, shed)  Ward 3

          h. 5212 SE 46^th Street (pool)  Ward 4

          i. 919 North Francis Avenue (house)  Ward 6

          Deferred from June 2, 2004.

          j. 2427 SW 24^th Street (apartment)  Ward 6

          Deferred from May 18, 2004.

          k. 2812 SW 46^th Terrace (carport, greenhouse, house)  Ward 4

          Deferred from March 30 and June 2, 2004.

          2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of August 4, 2004 and September 3, 2004 for commencement and completion of removal by owners.

ADOPTED AS AMENDED:  G. 1. b-e,h,i,k.  STRICKEN:  G. 1. a,f,g.  DEFERRED TO AUGUST 31, 2004:  G. 1. j.  MOVED BY FOSHEE, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  RINEHART.  NEIGHBORHOOD SERVICES DEPARTMENT.

VIII. H. 1. Public hearing regarding unsecured structures:

          a. 1609 Bernard Boulevard (house)  Ward 7

          b. 3513 South Goff Avenue (house)  Ward 3

          c. 7509 Knight Lake Drive (duplex, east garage, west garage)  Ward 1

          d. 2105 North Lottie Avenue (house, shed)  Ward 7

          e. 1600 North Magnolia Avenue (house)  Ward 7

          f. 805 North Peniel Avenue (pool)  Ward 3

          g. 2209 North Prospect Avenue (church)  Ward 7

          h. 2609 North Rhode Island Avenue (house)  Ward 7

          i. 3200 South Robinson Avenue (commercial building)  Ward 6

          j. 9413 South Winston Way (house, shed)  Ward 5

          k. 1224 NE 19^th Street (house)  Ward 7

          l. 2215 SW 21^st Street (garage)  Ward 6

          m. 3112 SW 27^th Street (garage, house)  Ward 6

          n. 1909 NE 29^th Street (house)  Ward 7

          o. 2052 NE 30^th Street (house)  Ward 7

          p. 2056 NE 30^th Street (garage, house)  Ward 7

          q. 712 NE 31^st Street (house, shed)  Ward 7

          r. 1721 NE 33^rd Street (house)  Ward 7

          s. 1501 NE 42^nd Street (house)  Ward 7

          2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED:  H. 1. b-d,f,g,i-l,n,q,s.  STRICKEN:  H. 1. a,e,h,m,o,p,r.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, AND JOHNSON.  ABSENT: RINEHART.  NEIGHBORHOOD SERVICES DEPARTMENT.

VIII. I. 1. Public hearing.

          2. Resolution creating Street Improvement Assessment District #1618, Booker between South Harrah Road and Main Street and on Main Street from Gilbert to one block north of Teddy in Newalla Original Addition; pursuant to 11 O.S. (2001) §39-101, et seq; acknowledging that a public hearing has been held; determining that the improvements requested by the Petitioner are advisable; directing the City Manager to take all necessary steps to cause the improvements to be constructed; including the competitive bidding of a contract for the construction of such improvements; and directing the City Manager to present such contract to the Council for consideration.  Ward 4.

          Deferred from September 23, 2003 and March 30, 2004.

DEFERRED TO FEBRUARY 1, 2005:  I. 1,2.  MUNICIPAL COUNSELOR’S OFFICE.

     J. Revocable permits:

          1. Library Grand Opening Book Passing, August 13, 2004, sponsored by Metro Library Commission dba Metropolitan Library System, Downtown.  Ward 6.

          2. Hot August Nights, August 14, 2004, sponsored by Bricktown Association, Bricktown.  Ward 7.

APPROVED:  J. 1,2.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  MARRS.  PUBLIC WORKS DEPARTMENT.

     K. Resolution approving and adopting the Oklahoma City Hazard Mitigation Plan and authorizing its submission to the Oklahoma Department of Civil Emergency Management and the Federal Emergency Management Agency for their review and approval, $25,000 in City matching funds.

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

  VIII. L. Resolution approving the naming of “The Freede Bridge” in recognition of Ms. Josie Freede’s generous support for many Centennial projects and in honor of the Freede Family, bridge located over the Bricktown Canal between the Centennial Plaza and the Harkins Theatre.  Ward 7.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  CITY MANAGER’S OFFICE.

       M. Resolution authorizing settlement regarding the Southwestern Bell Telephone Company proposed amended tariff concerning E 9-1-1 wireless phone services in the proceeding before the Oklahoma Corporation Commission, Cause No. PUD 2003 00546.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT:  FOSHEE.  MUNICIPAL COUNSELOR’S OFFICE.

     N. Enter into Executive Session with the Municipal Counselor to discuss litigation in the District Court of Oklahoma County Case No. CJ-2002-10414, styled: Francie Krittenbrink vs. The City of Oklahoma City, et al., as authorized by 25 O.S. (2001) §307(B)(4).

ENTERED INTO EXECUTIVE SESSION.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  MUNICIPAL COUNSELOR’S OFFICE.

     O. 1. Joint Resolution approving an Agreement with Peter Erdoes, P.C. to intervene and to represent the Oklahoma City Municipal Facilities Authority and The City of Oklahoma City in a subrogation case in the District Court of Oklahoma County, Oklahoma, Case No. CJ-2004-5510, styled: Juan Castillo vs. The City of Oklahoma City.

          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:  O. 1.  NO ACTION TAKEN:  O. 2.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  MUNICIPAL COUNSELOR’S OFFICE.

VIII. P. 1. Claims recommended for denial:

          a. Harry P. Ayers  $16.21

          b. Frank E. Burnett  $149

          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:  P. 1.  NO ACTION TAKEN:  P. 2.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  MUNICIPAL COUNSELOR’S OFFICE.

   IX. A. 1. Claims for Approval,

          a. Comfort Anwanwan  $144.91

          b. Zed DeVaughan  $209.39

          c. Donnie Hardwick  $256.30

          d. Jon McAlvain  $722.66

          e. Clifford Mullin  $123.68

          f. Elika Osagie  $250

          g. Mary Ann Rodriguez  $50

          h. Timothy Ruttman  $113.19

          i. German Torres  $480.23

          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).

ADOPTED:  A. 1. a-i.  NO ACTION TAKEN:  A. 2.  MOVED BY MARRS, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  MUNICIPAL COUNSELOR’S OFFICE.

    X. Items from Council.

       A. Resolution authorizing travel expenses for Councilman Larry McAtee to attend the National League of Cities Fall Human Development Committee meeting, October 7-9, 2004, Hollywood, California. 

          (Two-thirds affirmative vote required for approval.)

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.

    X.

Mr. Marrs said he was encouraged by the City Manager’s report on Fleet Services.  He said the Fleet Services staff deserved accolades for a job well done.

Mr. Bowman has received complaints about loud car stereos in the SE 92^nd Street and Western Avenue area and other south Oklahoma City locations.  Mr. Bowman said police statistics show that 2,900 excessive noise calls were received through 9-1-1 from May through July 2004.  He said of these 2,900 calls only 112 citations were issued.  Mr. Bowman said in order to issue a citation, a police officer must witness the disturbance or a citizen must be willing to sign a complaint.  He said calling in to report the disturbance is not sufficient to resolve the situation.

Ms. Johnson said many people, especially older people, are afraid of the retribution from the teenagers causing the disturbance and consequently, they are unwilling to sign a complaint.  She said in the past she had to talk to the parents of a young man causing a disturbance in her ward for the elderly citizen was afraid to sign a complaint.  She encouraged citizens to know their neighbors and try to deal with it without involving the police.  She said, however, if that approach doesn’t work then it would be prudent to call the police.

Mr. Bowman said the Asian District project is really gaining momentum.  He said Oklahoma City University, the Oklahoma City Chamber of Commerce and a growing number of Asian District entrepreneurs are working together on this project.  He said this Wednesday evening a Town Hall meeting is scheduled at Wesley United Methodist Church on NW 24^th Street and Classen Boulevard to include the public in the planning process.  Mr. Bowman thanked Aubrey Hammontree and Hoa Tran of the Planning Department for providing professional assistance with the project.

Mr. McAtee said he regretted that he and his wife would not be able to participate in the Book Passing event for the new library.  He said they would be leaving for China tomorrow morning to promote the Character First program.  He thanked Mayor Cornett for sending his greetings to the people of China and said he looked forward to delivering them.  Mr. McAtee said Sheriff Whetsel is involved with the Character First initiative in the law enforcement arena and he is sending Chaplain Argyl Dick along on this trip to China.

    X.

Mr. McAtee has asked that a proclamation be prepared to name September as a month to recognize good character in our citizens. 

Ms. Johnson said Mr. McAtee delivers an excellent presentation for the Character First program and she encouraged everyone to find an opportunity to hear his presentation.

Mr. Foshee said he has a new grandson, Samuel James Hedenberg, born on July 22^nd.  He said both mother and baby are doing well.

Mr. Foshee asked the fast food chains to be empathetic with their neighbors.  He said sometimes fast food patrons throw their paper trash out the windows creating a nuisance to the surrounding businesses and residents.  He suggested the fast food chains might put one or two of their employees to work picking up trash throughout the day to help reduce this problem.

Mr. Foshee said Fire Station #35 located at SW 127^th Street and May Avenue has recently lost their riding lawn mower due to mechanical failure.  He said the station is responsible for mowing a 2.5-acre lot and the firefighters have been bringing their personal lawn mowers from home to keep the lot mowed. 

Mr. Foshee said Station #35 has agreed to let the neighborhood set up picnic tables on the 2.5 acres and use it for events if the residents would be responsible for keeping it mowed.  Mr. Foshee said anyone interested in helping with this should contact him at 297-3884.

Ms. Simank congratulated Councilman Rinehart on his win for County Commissioner office last week.  She also congratulated Councilman Liebmann on his win of the State Representative Primary.

Ms. Simank thanked the City Manager for the report on graffiti.  She wanted to let citizens know that The City’s graffiti removal program is available to anyone needing assistance by calling Ann Ricketts, Community Action Agency’s Community Services Director at 232-0199. 

Ms. Simank encouraged all neighborhoods to participate in National Night Out tonight.

    X.

Ms. Johnson said she noticed a panhandler who has placed a chair in the median in Ward 7 so he can solicit money.  She said there are also panhandlers at both the southwest and northeast corners of the intersection at I-35 and NE 23^rd Street who are soliciting by the Burger King.  She has observed panhandlers there receiving fast food from citizens and once the food is consumed, throwing the trash out on the ground.  She asked if anything could be done to eliminate this problem.

Mr. Couch said his staff is in the process of preparing a report on the panhandling topic to examine what legal actions can be taken.  He said the report should be ready for the next Council meeting.

Ms. Simank said there is a similar problem with litter in the Downtown area.  She asked if groups delivering food to the less fortunate might talk to them about disposing of the containers in a trash receptacle.

Ms. Johnson said years ago Shirley Bellmon implemented the very successful “Don’t Lay that Trash on OK” campaign.  She said part of that campaign included setting trash cans out to keep our state litter free.  She wondered if we could contact the State to see if trash cans might be placed at some of these locations identified today. 

Mr. Couch said he would contact the State about setting out some trash receptacles.

Ms. Simank said several new board members have been added to the First Tee Program.   She said she is looking forward to having even more kids involved with the program next year.

   XI. City Manager Reports.

     A. Presentation and Fleet Services, General Services Report

Presentation was given by Paula Falkenstein, General Services Director.

   XI. B. July 2004 Sales and Use Tax Collections

Mr. Couch said the July sales tax collections were down approximately $500,000 and the use tax collections were up about $117,000 for a net loss of $380,000 for the month.

     C. Fire Department Mutual Assistance

     D. Valley Brook Emergency Medical Services

     E. Graffiti Removal Program

  XII. Citizens to be Heard.

XIII. Adjournment.  10:40 a.m.

Mick Cornett, Mayor    

ATTEST:

Frances Kersey, City Clerk

James D. Couch, City Manager