THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

AUGUST 31, 2004

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on August 27, 2004.)

    I. Invocation and Pledge of Allegiance.

REVEREND CHESTER PHYFFER

CHRIST UNITED METHODIST CHURCH

PLEDGE LED BY COUNCILMAN RINEHART

   II. Call to Order.  8:34 a.m.

VICE MAYOR SAM BOWMAN PRESIDING.

MAYOR CORNETT ABSENT.

  III. From the Office of the Mayor.

     A. Resolution of Commendation for Randall J. Hume, Transit Services Director and General Manager of the Central Oklahoma Transportation and Parking Authority.

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

     B. Appointment of Pat Ryan and Wayne Stone to the Oklahoma City Board of Park Commissioners.

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

     C. Appointment of Ashley “Ann” Hovda to the Youth Council of Oklahoma City.

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

  III.

PROCLAIMED: September 2004 as “Hire A Veteran Month”.  Received by Eric Testerman and John Pettyjohn from the Oklahoma Reserve Force.

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

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

     B. Approve Journal of Council Proceedings for August 3, 2004.

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

    V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING.  9:01 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY.  9:01 a.m.

(Majority of a Quorum required for approval)

          1. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the award in the Workers’ Compensation Court Claim No. 2003-16476-R, styled: Larry Vaughn Dodd, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and authorizing the Municipal Counselor to assist said counsel in the rendition of said Order 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 MARRS.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  FINANCE DEPARTMENT.

ADJOURN OCMFA.  9:01 a.m.

RECONVENE COUNCIL MEETING.  9:01 a.m.

   VI. Consent Docket.

       A. 1. Renewal of contract, Haynes Equipment Company (R5-C49033), Duncan Equipment Co. (R5-C49034), Evans Enterprises, Inc. (R5-C49035), genuine “OEM” repair/replacement parts, units and repair services for various machinery equipment, retroactive to July 1, 2004 through June 30, 2005.

          2. Resolution authorizing the open market purchase genuine “OEM” repair/replacement parts, units and repair services for various machinery equipment no bid items, items not awarded and related items for which a need cannot be specified (OM5-C49037), estimated cost $50,000, retroactive to July 1, 2004 through June 30, 2005.

APPROVED:  A. 1.  ADOPTED:  A. 2.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

       B. Resolutions authorizing the purchase from State Contracts:

          1. Network software services (S5-SW30219), retroactive to July 1, 2004 through February 28, 2005.

          2. Microsoft software products and services (S5-SW40120), September 1, 2004 through June 30, 2005.

ADOPTED:  B. 1,2.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PROCUREMENT SERVICES DIVISION.

       C. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,716.46 and all costs of the action in the Oklahoma County District Court in the claim filed by Linda A. Brown.

   VI. C. 2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $14,800 and all costs of the action in the Oklahoma County District Court in the claim filed by Robert Stockton.

          3. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,072.17 and all costs of the action in the Oklahoma County District Court in the claim filed by Randy Westbury.

ADOPTED:  C. 1-3.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

       D. Ordinance to be introduced and set for final hearing September 28, 2004:

          1. (ABC-569) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying C-3 Community Commercial, 9122 South Western Avenue.  Ward 5.

          2. (PC-9892) 3714 Gould Avenue from R-1 Single Family Residential to I-1 Light Industrial.  Ward 7.

          3. (PC-9897) 11600 North I-35 Service Road from C-3 Community Commercial to I-1 Light Industrial.  Ward 7.

          4. (PC-9898) 5300 South Post Road from R-1 Single Family Residential to R-A Single Family Rural Residential.  Ward 4.

          5. (PC-9901) 4526 Mackleman Drive from C-3 Community Commercial to R-4 General Residential.  Ward 4.

          6. (PC-9902) 2501 South High Avenue from C-1 Neighborhood Commercial, C-3 Community Commercial, I-1 Light Industrial and I-2 Moderate Industrial to R-1 Single Family Residential.  Ward 7.

          7. (PC-9903) 15701 North May Avenue from PUD-678 Planned Unit Development and O-2/CUP-36 General Office/Community Unit Plan to R-1 Single Family.  Ward 8.

          8. (PC-9904) 2000 NW 150^th Street from R-1 Single Family Residential to C-3 Community Commercial.  Ward 8.

   VI. D. 9. (PUD-1004) 5301 Beverly Drive from R-1 Single Family Residential to PUD-1004 Planned Unit Development.  Ward 7.

          10. (PUD-1006) 12201 South Pennsylvania Avenue from R-1 Single Family Residential and C-3 Community Commercial to PUD-1006 Planned Unit Development.  Ward 5.

          11. (PUD-1011) 500 East Britton Road from R-1 Single Family Residential and C-4 General Business to PUD-1011 Planned Unit Development.  Ward 7.

          12. (PUD-1013) 405 NE 122^nd Street from R-1 Single Family Residential to PUD-1013 Planned Unit Development.  Ward 7.

          13. (SPUD-339) 10216 NW 10^th Street from AA Agricultural to SPUD-339 Simplified Planned Unit Development.  Ward 3.

          14. (SPUD-340) 209 NW 95^th Street from I-1 Light Industrial to SPUD-340 Simplified Planned Unit Development.  Ward 2.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 28, 2004:  D. 1-14.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       E. 1. Ordinance to be introduced and set for final hearing October 5, 2004 (CE-629) closing the platted north 10-foot utility easement, Lot 1, Block 106, Quail Creek Section 12, 3301 Brookhollow Road.  Ward 8.

          2. Resolution establishing a date for enactment of said ordinance and determining those entitled to notice.

INTRODUCED AND SET FOR FINAL HEARING OCTOBER 5, 2004:  E. 1.  ADOPTED:  E. 2.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       F. 1. Ordinance to be introduced and set for final hearing October 5, 2004 (CE-630) closing the platted 20-foot east/west alley in Block 31, Maywood Addition, north of NE 7^th Street and east of Walnut Avenue.  Ward 7.

   VI. F. 2. Resolution establishing a date for enactment of said ordinance and determining those entitled to notice.

INTRODUCED AND SET FOR FINAL HEARING OCTOBER 5, 2004:  F. 1.  ADOPTED:  F. 2.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       G. Amendment to Forgivable Loan Agreement with City Care, Inc. to complete the construction of a duplex for transitional housing use, 321/323 SE 37^th Street, $18,648.99.  Ward 7.

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

       H. Resolutions approving Murrah District Economic Development Loans from the Supplemental Community Development Block Grant funds:

          1. 400 North Walker, L.L.C., portion of the cost of the former Globe Color Press Building, 414 NW 4^th Street, $156,802.50.  Ward 6.

          2. Rimma Properties I, L.L.C. and By the Sea X, L.L.C., portion of the cost, 1209 North Harvey Avenue, $263,100.  Ward 6.

ADOPTED:  H. 1,2.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       I. Resolution concerning the City Murrah District Economic Development Loan to Bullard and Hoehner, PC, 304 and 312 NW 13^th Street; approving subordination of the Murrah loan to a new first mortgage with Kirkpatrick Bank; and authorizing execution of a new Intercreditor, Servicing and Subordination Agreement with Kirkpatrick Bank.  Ward 6.

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

   VI. J. Resolution allocating $115,356 program income generated by Neighborhood Services Organization, Inc., to Neighborhood Services Organization, Inc. as fiscal year 2004-05 Community Housing Development Organization funds, to continue their housing program as Community Housing Development Organization Neighborhood Services Organization and Seed Program Area.  Ward 3.

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

       K. Resolution accepting two Quit Claim Deeds for vacant property from the Board of County Commissioners of Oklahoma County, 2217 SW 21^st Street, 2428 SW 21^st Street, 2517 SW 31^st Street, and 1241 SW 20^th Street; and granting a Quit Claim Deed to Central Oklahoma Habitat for Humanity, Inc., as part of the City’s Affordable Housing Program.  Ward 6.

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

       L. Surveyor’s Certificate and Correction of Plat for Fenwick, Section 10, north of NW 164^th Street and west of Western Avenue.  Ward 8.

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

       M. Resolution releasing the subdivision bond for Windsor Hills Garden Homes, south of NW 36^th Street and east of Meridian Avenue.  Ward 1.

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

   VI. N. Resolutions accepting the subdivision bonds and dedications contained in the final plats:

          1. Canyon Creek Addition, south of NW 192^nd Street and west of Western Avenue.  Ward 8.

          2. North Pointe Office Park, north of Memorial Road and west of May Avenue.  Ward 8.

     3. Westlake Villas, south of Memorial Road and east of Rockwell Avenue.  Ward 8.

ADOPTED:  N. 2,3.  DEFERRED TO SPETEMBER 14, 2004:  N. 1.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       O. Resolution accepting the dedications contained in the final plat of Santa Fe Villas III, south of SW 89^th Street and west of Santa Fe Avenue.  Ward 5.

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

       P. Resolution accepting the irrevocable letter of credit and dedications contained in the final plat of The Gardens of Blue Quail Ridge, Phase III, north of NW 150^th Street and east of May Avenue.  Ward 8.

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

       Q. Resolution accepting two irrevocable letters of credit and dedications contained in the final plat of Rose Creek, Blocks 14-19 and accepting a private roadway and utility easement, a private drainage and utility easement, a private drainage easement, and a public utility easement, south of NW 178^th Street and east of Portland Avenue.  Ward 8.

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

   VI. R. Resolution releasing the irrevocable letter of credit for the revised final plat of Woodvine IV, north of NW 164^th Street and east of May Avenue.  Ward 8.

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

       S. Resolutions releasing the irrevocable letters of credit:

          1. Rose Creek (#7131267), Blocks 9-11, north of NW 164^th Street and west of May Avenue.  Ward 8.

          2. Shadow Ridge I, south of NE 122^nd Street and east of Air Depot Boulevard.  Ward 7.

          3. Willow Oaks Estates, north of Britton Road and west of Midwest Boulevard.  Ward 7.

ADOPTED:  S. 1-3.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       T. Ordinance to be introduced and set for final hearing September 14, 2004, authorizing the installation of “No Parking, 6:00 p.m. to 6:00 a.m., Saturday through Sunday” signs on Hood Avenue from NE 21^st Street to NE 23^rd Street, east side.  Ward 7.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 14, 2004.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

   VI. U. Ordinance to be introduced and set for final hearing September 28, 2004, relating to General Provisions, Administration, The Housing and Property Maintenance Code, and Municipal Court; amending Section 1-2 of Chapter 1 of the Oklahoma City Municipal Code, 2002, amending the definitions; amending Section 2-9 of Article I of Chapter 2 authorization of code enforcement officers and adding provisions for failing to appear in response to a summons; amending Section 24-26 of Article III of Chapter 24 by amending the service provisions of PM-106.3; and amending Sections 24-51, 24-52, 24-53, and 24-54 of Division 1 of Article IV of Chapter 24, deleting definitions of “occupant” and “owner”; amending the scope; violations and penalty; and responsibility for maintenance provisions.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 28, 2004.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

       V. Final plans and specifications to be advertised for bids:

          1. Project MC-0225, Bank Stabilization, east side of Grand Boulevard north of I-44 and south of NE 63^rd Street.  Ward 7.

          2. Project MP-0253 Phase I, Route 66 Park, West Overholser Drive and NW 23^rd Street.  Ward 1.

          3. Project MP-0297, Edwards Park Fishing Lake, Edwards Park, NE 14^th Street and Bryant Avenue.  Ward 7.

APPROVED AND AUTHORIZED:  V. 1-3.  BID RECEIPT DATE SEPTEMBER 21, 2004: V. 1,2.  BID RECEIPT DATE SEPTEMBER 28, 2004:  V. 3.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

   VI. W. Ratify and approve Addendum 1 and Award of Contract to Rudy Construction Company, Project MP-0298, Streetscape Phase I, NW 5^th Street from Walker Avenue to Harvey Avenue and Robinson Avenue to Broadway Avenue; and Streetscape Phase II, East Main Street from E.K. Gaylord Avenue to Stiles Avenue, $843,851; assigning GW2 Engineering as testing laboratory; and approving contract and bonds.  Ward 6.

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

       X. Contract for architectural services with John T. Robison dba Robison & Associates Architects, Project MB-0707, building improvements, 420 West Main Street, fee of $65,920.  Ward 6.

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

       Y. Resolution extending time to award contract and awarding contract to A&A Investments, Project DM-0239, mowing of City owned detention ponds, not to exceed $150,000, (five locations); and approving contract and bonds.  Wards 3, 4, 5 and 8.

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

       Z. Change Order No. 4, Project MP-0265, swimming pool improvements, Will Rogers Park, 3201 North Grand Boulevard; Lippert Park, 5501 South Shartel Avenue; and Sellers Park, 8303 South Villa Avenue; increase of $6,509.  Wards 1, 4 and 5.

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

   VI. AA. Amendment No. 2, Project MC-0147, wayfinding signage for the Downtown and Bricktown areas, increase of $7,548.25.  Wards 6 and 7.

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

       BB. Real Estate Exchange Agreement with Kay-Bee Investment Co., L.L.C., storm water detention facility, exchanging approximately 0.8481 acres of Kay-Bee Investment Co., L.L.C. property for approximately 0.8404 acres of property, north of NW 122^nd Street and east of Pennsylvania Avenue.  Ward 8.

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

       CC. Acceptance of:

          1. One privately constructed storm sewer project, one privately constructed paving project, and seven privately constructed paving and drainage projects; and placing maintenance bonds into effect as of the final inspection dates.  Wards 4 and 8.

          2. Five privately constructed sanitary projects; and placing maintenance bonds into effect as of the final inspection dates.  Wards 5, 7 and 8.

ACCEPTED AND PLACED IN EFFECT:  CC. 1,2.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       DD. Final acceptance of Project DM-0222, channel cleaning and maintenance, North Canadian River from Eastern Avenue to NE 36^th Street.  Ward 7.

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

   VI. EE. Preliminary Report, Project MP-0316, Will Rogers Park Tennis Center Improvements, 3400 North Portland Avenue; and authorization to prepare final plans and specifications.  Ward 1.

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

       FF. Oil and Gas Division Order with Marathon Oil Company changing the purchaser to Plains Marketing, L.P., 6501 South Independence Avenue.  Ward 3.

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

       GG. 1. Resolution declaring Sertoma Park surplus and abandoned for park use and further authorizing the property be sold for fair market value to the Oklahoma City Redevelopment Authority or other appropriate City public trust, with the proceeds of the sale to be used to further expand or enhance the park system along the North Canadian River Corridor in a manner consistent with Proposition 9 of the 1950 Bond Election; approximately 68 acres located south of the North Canadian River, north of SW 15^th Street, east of Portland Avenue and west of I-44, less and except the South Grand Boulevard Trail (adjacent to I-44) and the North Canadian West Greenway Trail (adjacent to the North Canadian River).  Ward 6.

          2. Release of Lease with the Oklahoma City Riverfront Redevelopment Authority, releasing real property located at SW 15^th Street and Portland Avenue, a portion of which is known as Sertoma Park.  Ward 6.

ADOPTED:  GG. 1.  RELEASED:  GG. 2.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

   VI. HH. Resolution declaring the necessity for acquiring and owning permanent and temporary easements, Project SB-0009, right-of-way for sanitary sewer main, SW 29^th Street and Sara Road.  Ward 3.

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

       II. Resolutions approving Certificates of Public Convenience and Necessity:

          1. Hi Tech Enterprises, Inc. to operate one vehicle in limousine service, August 31, 2004 through June 30, 2005.

          2. Royal Limousine Service, LLC to operate five vehicles in limousine service, August 31, 2004 through June 30, 2005.

ADOPTED:  II.  1,2.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       JJ. Resolution amending Certificates of Public Convenience and Necessity for Elaine’s Transport Company dba E.T.C. to increase the permits from two vehicles to three vehicles for hire in handicapped transportation service, August 31, 2004 through June 30, 2005.

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

       KK. Oil and Gas Lease with the Oklahoma City Water Utilities Trust and r. c. Taylor Companies, Inc., West Elm Creek Reservation, Police Training Pistol Range, NE of 8500 South Air Depot Boulevard, $17,212.  Ward 4.

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

   VI. LL. Acceptance of permanent easement, Project WF-2461, relocation and installation of firelines, east of South Pennsylvania Avenue and south of SW 48^th Street.  Ward 4.

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

          MM. Ordinance to be introduced and set for final hearing September 14, 2004, relating to Parks, Recreation, Cultural Affairs, etc., amending Chapter 38, Section 38-100 and 38-145 of the Oklahoma City Municipal Code, 2002, regarding swimming in City parks or any water of any City operated reservation. 

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 14, 2004.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PARKS AND RECREATION DEPARTMENT.

          NN. Agreement with the Oklahoma Department of Central Services, median maintenance, Lincoln Boulevard from NE 28^th Street to NE 38^th Street, $14,470 per year, August 31, 2004 through June 30, 2005.  Ward 7.

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

     OO. Extension of Agreement with the Board of Regents of the University of Oklahoma, median maintenance, Lincoln Boulevard along old Highway 77, NE 4^th Street to NE 13^th Street, $18,000, retroactive to July 1, 2004 through June 30, 2005.  Ward 7.

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

   VI. PP. Resolution approving Cooperative Agreement with the Oklahoma Department of Wildlife Conservation; authorizing application for Oklahoma Department of Wildlife Conservation Sport Fish Restoration Funds for Edwards Park Fishing Lake, 1515 North Bryant Avenue; authorizing preparation of the applications for Fishing Access Facilities Development Funding for fishing access; authorizing execution of all necessary forms to enter into the required Cooperative Agreement with the Oklahoma Department of Wildlife Conservation; authorizing documentation be provided concerning project costs and invoice the Oklahoma Department of Wildlife Conservation for reimbursement of 75% of eligible costs as provided in the Cooperative Agreement; and approving receipt of Oklahoma Department of Wildlife Conservation funding up to $942,000 to reimburse the General Obligation Bond Fund utilized to pay for this project.  Ward 7.

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

     QQ. Resolutions authorizing acceptance of grants from the United States Department of Homeland Security, Office of Domestic Preparedness, passed through the Oklahoma Office of Homeland Security; authorizing execution of documents; ratifying the grant applications; and authorizing the deposits of funds:

          1. Approving the expenditure budget to complete a specialized urban search and rescue trailer and prime mover under the Oklahoma Office of Homeland Security Fiscal Year 2004 Homeland Security Grant Program, $300,000.

          2. Approving the expenditure budget for a mass decontamination unit and regional response vehicle with equipment cache under the Oklahoma Office of Homeland Security Fiscal Year 2004 Homeland Security Grant Program, $420,000.

   VI. QQ. 3. Authorizing the submission of a prioritized list of physical security enhancement equipment, and other terrorism preparedness initiatives to be determined by the Local Planning and Preparedness Council under the Oklahoma Office of Homeland Security Fiscal Year 2004 Homeland Security Grant Program, $513,157.53.

ADOPTED:  QQ. 1-3.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  FIRE DEPARTMENT.

     RR. Resolution approving the Fiscal Year 2004-05 Community Development Block Grant Operating Agreement with Community Action Agency of Oklahoma City and Oklahoma and Canadian Counties, Inc., for the Graffiti Removal and Community Mural Program, not to exceed $2,000, retroactive to July 1, 2004 through June 30, 2005.

ADOPTED.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

       SS. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the award in the Workers’ Compensation Court Claim No. 2003-16476-R, styled: Larry Vaughn Dodd, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and authorizing the Municipal Counselor to assist said counsel in the rendition of said Order 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 SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  FINANCE DEPARTMENT.

   VI. TT. Ordinance No. 22,538 to be introduced and set for final hearing September 14, 2004, relating to the Oklahoma City Hotel Tax Ordinance, codified as Article III of Chapter 52 of the Oklahoma City Municipal Code, 2002; setting forth findings; repealing Sections 52-62, 52-63, 52-64, and 52-81 of said Article III of Chapter 52, which relate to definitions, levy, levy amount (rate), exemptions, and use of funds; enacting new Sections 52-62.1, 52-63.1, 52-64.1 and 52-81.1, relating to definitions, levy, levy rate, exemptions, and use of hotel tax funds; enacting said Section 52-62.1 to provide definitions; enacting said Section 52-63.1 to levy an excise tax of five-and-one-half percent (5.5%) upon the gross proceeds or gross receipts from all rent for every occupancy of a hotel room or rooms in this City (the hotel tax); enacting said Section 52-64.1 to provide exemptions to the hotel tax; enacting said Section 52-81.1 to provide that the hotel tax shall be used exclusively for the purpose of encouraging, promoting and/or fostering the convention and/or tourism (visitor) development of The City of Oklahoma City by certain specified expenditures; stating provisos to the purpose and expenditures specified in said Section 52-81.1; providing for codification; providing an effective date for Sections 1, 2 and 3 of this ordinance, but only upon approval of this ordinance by City voters prior to 12:00 a.m. on January 1, 2005.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 14, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  CITY MANAGER’S OFFICE.

   VI. UU. Resolution to be introduced and set for final hearing September 14, 2004, authorizing and directing the Mayor to call a special election for the purpose of submitting to the registered voters of The City of Oklahoma City, Oklahoma, the question of approval or disapproval of Ordinance No. 22,538 of the City of Oklahoma City; relating to the Oklahoma City Hotel Tax Ordinance, Chapter 52, Article III, of the Oklahoma City Municipal Code, 2002; specifying the Proposition to be submitted to City voters; providing that the call for the election shall be by Proclamation and that the returns thereof shall be canvassed by the County Election Boards and certified to the Mayor and Council.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 14, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  CITY MANAGER’S OFFICE.

       VV. Proclamation of the Mayor to be introduced and set for final hearing September 14, 2004, calling a special election to be held on the 14^th day of December 2004, for the purpose of submitting to the registered voters of The City of Oklahoma City for their approval or disapproval of Ordinance No. 22,538 repealing the existing 2.0% and enacting a new 5.5% hotel tax levy with proceeds dedicated to certain purposes relating to encouraging, promoting and fostering the convention and visitor development of the City.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 14, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  CITY MANAGER’S OFFICE.

       WW. Resolution to be introduced and set for final hearing September 14, 2004, notifying the Secretary of the Oklahoma County Election Board that a special election will be held in The City of Oklahoma City on Tuesday, December 14, 2004.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 14, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  CITY MANAGER’S OFFICE.

   VI. XX. Resolution to be introduced and set for final hearing September 14, 2004, expressing the intent of the Mayor and City Council to appropriate certain hotel tax proceeds dedicated to Fairgrounds’ capital improvements as proposed in Ordinance No. 22, 538 to issue revenue bonds for a period of up to thirty years for construction and renovation of facilities used in connection with horse shows and other equine or livestock events.  Ward 6.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 14, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  CITY MANAGER’S OFFICE.

  VII. Concurrence Docket.

     A. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1, Project WC-0487, waterline relocation, North MacArthur Boulevard from NW 50^th Street to NW 63^rd Street.  Warr Acres.

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

     B. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addenda No. 2:

          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:  B. 1,2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

  VII. C. Concurrence with the Oklahoma City Water Utilities Trust in approving plans and specifications to be advertised for bids, Project SM-0113, Phase IV, roof repair and replacement, (six locations).  Wards 1, 3, 4 and 8.

CONCURRED.  BID RECEIPT DATE:  SEPTEMBER 7, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     D. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendments No. 1; accepting the projects and placing maintenance bonds into effect:

          1. Project SC-0688, emergency sanitary sewer line repair, NW 44^th Street to NW 43^rd Street from Western Avenue to Classen Boulevard, decrease of $12,769.38.  Ward 2.

          2. Project WC-0389, Phase II, water main replacement, I-44 and North May Avenue between NW 36^th Street to NW 39^th Street from May Avenue to Chicago Avenue, decrease of $46,668.80.  Ward 2.

          3. Project WC-0416, water main replacement, NW 42^nd Street to NW 52^nd Street between North May Avenue to Linn Avenue, decrease of $41,449.95.  Ward 2.

          4. Project WC-0456, water main replacement, NW 19^th Street to NW 23^rd Street, between North Geraldine Avenue to Portland Avenue, decrease of $62,901.78.  Ward 3.

          5. Project WC-0485, water main replacement, Reynolds Road (private), NW 122^nd Street and west of Western Avenue, decrease of $5,344.55.  Ward 2.

CONCURRED:  D. 1-5.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

  VII. E. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1 to contract for engineering services, Project WC-0429, Reno Avenue Water Tank Painting, West Reno Avenue between South Cemetery Road and South Frisco Road; and Sara Road Water Tank Painting, North Sara Road between West Reno Avenue and NW 10^th Street, fee increase of $51,000.  Ward 3.

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

     F. Concurrence with the Oklahoma City Water Utilities Trust in approving Change Orders No. 1:

          1. Project WC-0469, Phase I, emergency waterline improvements, Western Avenue from NW 142^nd Street to NW 150^th Street, increase of $2,725.  Ward 8.

          2. Project WT-0050/ST-0093, Hefner Water Treatment Plant Laboratory renovations, 4000 NW 108^th Street; and Project WM-0091/SM-0117, 4^th Floor Office renovations, 420 West Main Street; increase of $24,176.  Wards 6 and 8.

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

     G. Concurrence with the Oklahoma City Water Utilities Trust in approving contract for engineering services with Johnson & Associates, Inc., Project WM-0094, Engineering and Economic Services for Water Meter Replacement, fee of $656,717.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

  VII. H. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution ratifying the purchase of supervisory control and data acquisition equipment and parts from existing City contracts to complete communications connections utilizing Internet, wireless and intranet connections (WT-0051); and authorizing the purchase of related equipment and parts, not to exceed $275,000. 

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

     I. Concurrence with the Oklahoma City Water Utilities Trust in accepting Project WT-0049, Overholser Dam Spillway rehabilitation, East Overholser Drive and NW 16^th Street; and placing maintenance bond into effect.  Ward 1.

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

     J. Concurrence with the Oklahoma City Water Utilities Trust in approving Preliminary Engineering Report, Project SC-0665, Chisholm Creek Sanitary Sewer Relief Interceptor, NW 214^th Street to NW 183^rd Street along Western Avenue; and authorization to prepare plans and specifications.  Ward 8.

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

  VII. K. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution declaring an emergency; ratifying approval of the bidding documents; waiver of formal competitive bidding procedures; utilization of informal sealed bidding procedures; determination of lowest responsible bidder; award of the contract for Project WE-0049; 60-inch water transmission main (prestressed concrete embedded cylinder pipe-PCECP) repair; Douglas Boulevard between SE 59^th Street and SE 74^th Street; United Trenching, Inc., $238,096; issuance of an emergency work order; and approving contract and bonds.  Ward 4.

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

     L. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution recommending the Oklahoma City Public Schools Board of Education ratify and approve Addenda Nos. 1, 2, 3, 4, 5, 6, and 7, and award contract to Oscar J. Boldt Construction, and approve contract and bonds; Project EB-0005, new Grant High School, 5016 South Pennsylvania Avenue, $24,970,000.  Ward 4.

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

     M. 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. 1, Project EB-0004, fire alarm systems, (five locations), increase of $31,553.  Ward 6, The Village and Midwest City.

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

  VII. N. 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. 1, Project EB-0006, roof replacement and selective masonry restoration, Willard Alternative Center, 1400 NW 3^rd Street, increase of $1,612.42; and accepting the project.  Ward 6.

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

     O. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution approving award of contract for architectural services to Studio Architecture, P.C., Project ES-0015, Addition and Renovation of Wilson Elementary School, 2215 North Walker Avenue, fee of $199,786.  Ward 6.

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

     P. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving amended application of funding, Midwest City-Del City School District, computer furniture, Highland Park Elementary School, 5301 South Dimple Drive, $25.69.  Ward 4.

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

     Q. Concurrence with the Oklahoma City Riverfront Redevelopment Authority in approving Amendment No. 1 to Phase II of the North Canadian River Strategic Action and Development Plan, North Canadian River from Eastern Avenue west to Meridian Avenue.  Wards 3, 6 and 7.

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

  VII. R. Concurrence with the Oklahoma City Riverfront Redevelopment Authority in approving the North Canadian River (Oklahoma River) Water Transportation Mobility Program, North Canadian River (Oklahoma River Corridor), Eastern Avenue west to Meridian Avenue.  Wards 3, 6 and 7.

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

VIII. Items Requiring Separate Votes.

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

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,534.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.  PLANNING DEPARTMENT.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,535.  MOVED BY RINEHART, SECONDED BY SIMANK.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT:  FOSHEE AND LIEBMANN.  PLANNING DEPARTMENT.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,536.  MOVED BY MCATEE, SECONDED BY MARRS.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, SIMANK, AND LIEBMANN.  ABSENT:  RINEHART, FOSHEE AND JOHNSON.  PLANNING DEPARTMENT.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,537.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, SIMANK, AND LIEBMANN.  ABSENT:  FOSHEE AND JOHNSON.  PLANNING DEPARTMENT.

          5. (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 and August 3, 2004.

     Planning Commission approval subject to the Summary of Technical Evaluation.

DEFER TO SEPTEMBER 14, 2004.  PLANNING DEPARTMENT.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,531.  APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION.  MOVED BY RINEHART, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.  PLANNING DEPARTMENT.

     7. (SP-360) Special Permit to operate a Mining and Processing: Minerals and Raw Materials Use (sand mining) in the AA Agricultural and R-1 Single Family Residential Districts, 12303 North Westminster Road.  Ward 7.

     Deferred from August 17, 2004.

     Planning Commission approval subject to the Summary of Technical Evaluation.

DEFERRED TO SEPTEMBER 14, 2004.  MOVED BY JOHNSON, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.  PLANNING DEPARTMENT.

       B. Ordinance on final hearing (emergency) recommended for denial (seven affirmative votes required for approval), (PUD-991) 701-825 SW 149^th Street from AA Agricultural to PUD-991 Planned Unit Development.  Ward 5.

          64.98% protest

STRICKEN.  PLANNING DEPARTMENT.

VIII. C. Ordinance to be introduced and adopted with emergency, declaring a temporary ban on permits for the construction of new non-accessory signs in a portion of downtown Oklahoma City; providing for analysis and promulgation of new non-accessory sign regulations for the downtown area; providing an exemption for pending permit applications; providing for an appeal process; and providing an effective date from September 12, 2004 through November 10, 2004.  Wards 6 and 7.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 14, 2004.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.  PLANNING DEPARTMENT.

       D. Ordinance on final hearing, relating to Vehicles for Hire; amending Chapter 56, Section 56-85 and Section 56-86 of Article II, Division 2, Part B and Section 56-236, Section 56-237 and Section 56-238 of Article II, Division 3, Part C, of the Oklahoma City Municipal Code, 2002, providing for suspension of a taxi driver’s permit to operate a taxicab, providing for revocation or suspension grounds to include cancellation or revocation of state driver’s license and laminating a permit identification card; and providing for corrections to notice procedures to include suspension of a driver’s permit.

ADOPTED.  ORD. #22,532.  MOVED BY MARRS, SECONDED BY SIMANK.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.  PUBLIC WORKS DEPARTMENT.

       E. Ordinance of final hearing, relating to Solid Wastes, amending the Oklahoma City Municipal Code, 2002, Chapter 49, Article II, repealing Sections 49-21, 49-25, 49-42 and 49-45; and adopting new Section 49-21, definitions; Section 49-25, residential solid waste collection components; Section 49-42, specifications, use; and Section 49-45, placement of containers for residential refuse service.

ADOPTED.  ORD. #22,533.  MOVED BY LIEBMANN, SECONDED BY MARRS.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

VIII. F. 1. Public hearing regarding dilapidated structures:

          a. 5909 Empire Boulevard (garage add-on, house)  Ward 4

          b. 4102 Jones Boulevard (mobile home)  Ward 4

          c. 504 South Laird Avenue aka 900 SE 4^th Street (north house)  Ward 7

          d. 1515 East Madison Street (garage)  Ward 7

          e. 844 SE 4^th Street (shed)  Ward 7

          f. 725 SW 5^th Street (house)  Ward 6

          g. 829 SE 6^th Street (shed)  Ward 7

          h. 2108 SW 10^th Street (house, shed)  Ward 6

          i. 414 SE 19^th Street (garage, house with attached carport)  Ward 7

          j. 1407 NE 24^th Street (house)  Ward 7

          k. 1410 NE 24^th Street (garage)  Ward 7

          l. 1439 NE 26^th Street (shed)  Ward 7

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

          Deferred from May 18 and August 3, 2004.

          n. 10936 NE 122^nd Street (shed #7)  Ward 7

          Deferred from April 13, May 11 and July 7, 2004.

          o. 10936 NE 122^nd Street (shed #6)  Ward 7

          Deferred from April 13, May 11 and July 7, 2004.

          2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of September 1, 2004 and October 1, 2004 for commencement and completion of removal by owners.

ADOPTED AS AMENDED:  F. 1. a-f,h-k,m-o.  STRICKEN:  F. 1. g,l.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

     G. 1. Public hearing regarding unsecured structures:

          a. 5909 Empire Boulevard (garage)  Ward 4

          b. 3205 South Meta Avenue (house)  Ward 3

          c. 8010 North Military Avenue (house)  Ward 2

          d. 3217 North Portland Avenue (house)  Ward 1

          e. 1313 Rockwood Avenue (house, shed)  Ward 6

          f. 6728 Sears Terrace (house, shed)  Ward 4

          g. 1742 NW 9^th Street (house, rear apartment)  Ward 6

          h. 1120 NW 10^th Street (house)  Ward 6

          i. 924 SE 11^th Street (house)  Ward 7

          j. 2109 SW 13^th Street (house)  Ward 6

          k. 2332 NW 16^th Street (house)  Ward 6

VIII. G. 1. l. 1721 NE 23^rd Street (commercial building)  Ward 7

          m. 1439 NE 26^th Street (house)  Ward 7

          n. 632 SW 28^th Street (house)  Ward 6

          o. 718 SE 28^th Street (house, shed)  Ward 7

          p. 340 SE 41^st Street (house)  Ward 7

          q. 344 SE 41^st Street (house)  Ward 7

          r. 233 SE 45^th Street (garage, house)  Ward 4

          s. 2245 SW 49^th Street (garage)  Ward 4

          t. 256 NW 84^th Street (house)  Ward 7

          u. 1145 NW 96^th Street (house)  Ward 2

          2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED:  G. 1. b,d-k,r,t,u.  STRICKEN:  G. 1. a,c,l-q,s.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

       H. 1. Claims recommended for denial:

          a. Miller Gerardy  $197.16

          b. Jeff D. Hatt  $705.48

          c. Parviz Heidari  $1,837.39

          d. Quail Creek Housing Association  $282.31

          e. Safeco Insurance Company  $5,848.44

          f. Malcolm Thomas  $270

          g. Craig Womack  $1,800

          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:  H. 1. a-g.  NO ACTION TAKEN:  H. 2.  MOVED BY RINEHART, SECONDED BY MARRS.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

   IX. A. 1. Claims for Approval,

          a. David DeLand  $500

          b. Sheryl Halbert  $500

          c. Barry Robinson  $65.26

          d. Don Zachritz  $75

          AND/OR

   IX. A. 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-d.  NO ACTION TAKEN:  A. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

    X. Items from Council.

       A. Ordinance to be referred to Planning Commission, amending Chapter 59, Article VI, Section 59-6300.2.G(4) of the Oklahoma City Municipal Code, 2002, pertaining to extensions into yard areas; providing for an exception for handicapped access ramps extending into the required front yard of a residential use. 

          Councilman Foshee.

REFERRED TO PLANNING COMMISSION.  MOVED BY FOSHEE, SECONDED BY LIEBMANN.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.

       B. Ordinance to be referred to Planning Commission, amending Chapter 3, Article V, Division 1, Section 3-82 of the Oklahoma City Municipal Code, 2002, changing the definition of the terms “display surface area” and “sign”. 

          Councilman Rinehart.

REFERRED TO PLANNING COMMISSION.  MOVED BY RINEHART, SECONDED BY MCATEE.  AYES:  VICE MAYOR BOWMAN, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.

Mr. Liebmann said he recently purchased a Sunday New York Times newspaper and was astonished to learn it cost $5.  He said he felt fortunate to live in Oklahoma City because it is a wonderful place to live and the prices are always reasonable.

Mr. Liebmann suggested learning more about the two new Park Commissioners appointed today.  He said their resumes are available and very impressive.  Mr. Liebmann said these two new commissioners would be great assets to the Parks Commission.

    X.

Ms. Johnson congratulated Joe Carter on being inducted into the Oklahoma Sports Hall of Fame.  She said Joe Carter is a Millwood graduate, he delivered a World Series-winning home run, and he has an Oklahoma City street named in his honor. 

Ms. Johnson commended Langston University for having a great town hall meeting to discuss the NE 23^rd Street project.  She said Nancy Alexander, Director of the Minority Business Development Center, is working with the Eastside Capitol Gateway, the Capitol Chamber of Commerce, the OU School of Architecture and the property owners to ensure input is solicited from all stakeholders in this project.

Ms. Simank thanked her neighborhood friends, Council members, and her church family for their expressions of kindness and concern recently when her husband suffered a heart attack.  She thanked Fire Station #34 for being the first responders to her call and said she was relieved to learn that the firemen who arrived at her house were also paramedics.

Ms. Simank sent condolences to Connie Scothorn who recently lost her husband, Melvin.  She said Melvin suffered a heart attack about one week before her husband did but he did not survive.  Ms. Simank said Connie and Melvin Scothorn have served for many years as neighborhood leaders in the Miller Neighborhood. 

Ms. Simank said she has noticed an unusually large number of loose dogs in the neighborhoods recently.  She said after visiting with Animal Welfare she learned that most of these dogs are not strays but dogs let loose by owners after work so they can get exercise.  She said it makes a dangerous situation when the dogs are left to roam the neighborhoods and asked citizens to keep their dogs secured.

Ms. Simank reminded everyone that the college football season will start this weekend and she is excited that both OSU and OU have games.

Mr. Liebmann said Mr. Bobzine, creator of PAWS Dog Park at Lake Hefner, is looking for a piece of City land to build a pet adoption center.  He also said there may be some dog park funds available soon so other dog parks could be opened.

Mr. Foshee said he noticed an article about successful cities in a recent edition of the Birmingham Post Herald.  He said the story points to Bricktown and the Oklahoma City Ford Center as standards for building the inner city. 

    X.

Mr. Foshee said he has received some calls from citizens concerning parking around the new library.  He asked if there were any plans to validate parking for library patrons. 

Mr. Couch said that during the preliminary planning stage for the library, the MAPS Oversight Committee had expressed concern about the lack of free parking for the new library.  Mr. Couch said the validation of parking had not been discussed since the preliminary planning but he promised to follow up with the library on the issue.

Mr. Rinehart asked if he could have a status report on a past request he made about changing an ordinance on screening of industrial properties.   

Mr. Rinehart said he was impressed to learn that some City of Oklahoma City employees recently took up a collection for a young boy who had his bicycle stolen.  He said the bicycle was valued at $1,500 and was specially built for a boy with disabilities.  He said this is a tremendous testament to the generosity and caring of City employees and contractors.

Mr. McAtee congratulated Bob Funk and Scott Pruitt, Oklahoma Redhawks owners, and Bobby Jones, Manager, for winning the Division title.  He said he wishes them luck in the upcoming play offs.

Mr. McAtee thanked the Briarwood Neighborhood Association for inviting him and his wife to their ice cream social a couple of weeks ago. 

Mr. McAtee encouraged neighbors of Kathleen Wilcoxson to attend an annual event this Thursday night from 6:00 – 7:30 p.m. hosted by Senator Wilcoxson. 

Mr. McAtee invited everyone to attend the dedication of the South Lakes Park this afternoon at 2:00 p.m.  He thanked Councilman Foshee and past Council members for their work in making this project happen.  Mr. McAtee said the new Park would be a great asset to South Oklahoma City and Ward 5.

Mr. Marrs said he attended the Youth Council Retreat last weekend and was very impressed with the quality of the Youth Councilors.  He said it is heartening to hear about the wonderful accomplishments of our high school youth instead of the negative stories we usually hear.

Mr. Marrs said the Harvest Hills South Neighborhood Association meets tonight at 7:00 p.m. at Northridge Elementary School.

    X.

Vice Mayor Bowman said he attended the Human Capital Forum last week sponsored by the Chamber of Commerce.  He said the Asian community throughout the metropolitan area was invited to attend.  Vice Mayor Bowman said the testimonies about what attracted these Asian citizens to Oklahoma City and why they remain was very inspiring.

   XI. City Manager Reports.

     A. Parks and Recreation Fall/Winter/Spring Programs

     B. Presentation by Greater Oklahoma City Chamber of Commerce

Presented by Roy Williams, President and CEO of the Greater Oklahoma City Chamber of Commerce.

     C. Amendments to Property Maintenance Ordinances

Mr. Couch thanked Orville Jones and the Municipal Counselor’s Office for coming up with some new ideas for alternative methods for enforcing property maintenance ordinances.

     D. August 2004 Sales and Use Tax Collections

Mr. Couch said if August Sales and Use Tax collections were added together, we would be almost on target for the year-to-date.  He said the Sales Tax collections were down about $360,000 and the Use Tax collections were up about $480,000. 

  XII. Citizens to be Heard.

Denise Suttles, President of GlobalHealth, requested that GlobalHealth be allowed to participate in the Open Benefits Enrollment for Oklahoma City employees. 

Mr. Couch said he would prepare a report for Council comparing numbers and giving the history of the City’s health insurance package for employees.

XIII. Adjournment.  11:51 a.m.

Sam Bowman,Vice Mayor

ATTEST:

Frances Kersey, City Clerk

James D. Couch, City Manager