THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

SEPTEMBER 14, 2004

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on September 10, 2004.)

    I. Invocation and Pledge of Allegiance.

PASTOR JIMMY CUTTER

VILLAGE CHURCH OF CHRIST

PLEDGE LED BY COUNCILMAN RINEHART

   II. Call to Order.  8:40 a.m.

MAYOR CORNETT PRESIDING.

COUNCILWOMAN WILLA JOHNSON ABSENT.

  III. From the Office of the Mayor.

     A. Resolution of Commendation for the September 2004 South Oklahoma City Kiwanis Club Employee of the Month, Lisa Reed.

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

   IV. A. Receive Journal of Council Proceedings for August 31, 2004.

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

     B. Approve Journal of Council Proceedings for August 17, 2004.

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

    V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING.  8:46 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY.  8:46 a.m.

(Majority of a Quorum required for approval)

          1. Joint Resolutions authorizing the modification of the Administrative Services Agreements:

          a. CommunityCare HMO, Inc. to provide managed care services to The City of Oklahoma City and participating public trust employees, retirees, and eligible dependents, subject to annual fiscal appropriation by the Council for The City of Oklahoma City, estimated cost $5,374,510, effective January 1, 2005 through December 31, 2008.

          b. PacifiCare of Oklahoma, Inc. to provide managed care services to The City of Oklahoma City and participating public trust employees, retirees, and eligible dependents, subject to annual fiscal appropriation by the Council for the City of Oklahoma City, estimated cost $12,585,724, effective January 1, 2005 through December 31, 2008.

ADOPTED:  1. a,b.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PERSONNEL DEPARTMENT.

          2. Joint Resolution authorizing the extension of a modified Administrative Services Agreement with Delta Dental Plan of Oklahoma for dental benefit plans for The City of Oklahoma City and participating public trust employees, retirees, and eligible dependents subject to annual fiscal appropriation by the Council for The City of Oklahoma City, estimated cost $2,479,440, effective January 1, 2005 through December 31, 2005.

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

  OCMFA. 3. Joint Resolution authorizing the extension of an Administrative Services Agreement with Fringe Benefits Management Company, to provide administrative services for a flexible benefits program for The City of Oklahoma City under Section 125 of the Internal Revenue Code, subject to annual fiscal appropriation by the Council for The City of Oklahoma City, estimated cost $160,000, effective January 1, 2005 through December 31, 2005.

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

     4. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers’ Compensation Court Claim No. 2003-04287-A, styled: Alphonso D. Kemp, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and further authorizing the Municipal Counselor to assist said counsel in the rendition of said Petition to Judgment as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution.

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

     5. a. Joint Resolution authorizing David Lee to represent former City Employee, Joyce Gilchrist, in the United States District Court for the Western District of Oklahoma Case No. CIV-04-662-F, styled: David Johns Bryson, et al., vs. Robert H. Macy, et al.

          AND/OR

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

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

ADJOURN OCMFA.  8:48 a.m.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY.  8:48 a.m.

(Five affirmative votes required for approval.)

     1. Final plans and specifications to be advertised for bids, Project MB-0700, Lobby Renovations to Cox Business Services Convention Center Phase II, One Myriad Gardens.  Ward 6.

APPROVED AND AUTHORIZED.  BID RECEIPT DATE:  OCTOBER 5, 2004.  MOVED BY MARRS, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

     2. Joint Resolution declaring the All Sports Stadium facility obsolete, of no financial value and surplus to the needs of The City of Oklahoma City, Oklahoma City Fairgrounds, 800 Eighty-Niner Drive.  Ward 6.

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

     3. Golf Professional Management Agreement with Mark S. Galloway for professional management services for Trosper Golf Course, 2301 SE 29th Street, September 14, 2004 through September 30, 2006.  Ward 7.

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

     4. Golf Professional Management Agreement with Mark Galloway for golf professional management services for James E. Stewart Golf Course, 2300 NE 10th Street, September 14, 2004 through September 30, 2006.  Ward 7.

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

ADJOURN OCPPA.  8:48 a.m.

RECONVENE COUNCIL MEETING.  8:48 a.m.

   VI. Consent Docket.

       A. Renewal of contract and amendment, Oklahoma City Freightliner, Inc., ATC American LaFrance (R5-C38054), three or less 1,500 GPM Telebooms, increasing the price per apparatus by 6.065% from $404,144 to $428,656 each, retroactive to July 1, 2004 through June 30, 2005.

APPROVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  FIRE DEPARTMENT.

       B. Resolution approving the renewal of contract and amendment, Forman Harley-Davidson (R5-C38134), purchase of Police Solo motorcycles, $53,550, retroactive to July 1, 2004 through June 30, 2005.

ADOPTED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PROCUREMENT SERVICES DIVISION.

       C. Resolution renewing pricing agreement for sole source purchase of monitoring, maintenance, upgrading and new installations of intrusion alarm systems from Sonitrol of Oklahoma, Inc. (SS5-C56075), estimated cost $150,000, retroactive to July 1, 2004 through June 30, 2005.

ADOPTED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PROCUREMENT SERVICES DIVISION.

       D. 1. Pricing agreement awards and approvals, Mead Westvaco (C54021), Oklahoma Envelope (C54022), Unisource (C54023), Xerox Corporation (C54024), XPEDX (C54025), paper and envelopes, retroactive to July 1, 2004 through June 30, 2005.

   VI. D. 2. Resolution authorizing the open market purchase of paper and envelopes no bid items and related items for which a need cannot be specified (OM5-C54017), estimated cost $30,000, retroactive to July 1, 2004 through June 30, 2005.

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

       E. Pricing agreement award and approval, The Wackenhut Corporation (C56073), security monitoring services – municipal courts, September 7, 2004 through June 30, 2005.

AWARDED AND APPROVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PROCUREMENT SERVICES DIVISION.

       F. Pricing agreement award and approval, Total Protection Services, Inc. (C56075), security services for Municipal Services Facilities Complex, September 14, 2004 through June 30, 2005.

AWARDED AND APPROVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PROCUREMENT SERVICES DIVISION.

       G. Pricing agreement award and approval, T.L.B. Services L.L.C. (C57074), custodial services for the Central Maintenance Facility, retroactive to September 1, 2004 through June 30, 2005.

AWARDED AND APPROVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PROCUREMENT SERVICES DIVISION.

       H. 1. Rejection of previous bid, pricing agreements award and approval, NLS Animal Health (C57040), DVM Resources (C57041), Med-Vet International (C57042), Fisher Scientific Co., LLC (C57043), Palmer Cap-Chur Equipment, Inc. (C57044), veterinary drugs, equipment and related medical supplies, September 14, 2004 through June 30, 2005.

   VI. H. 2. Resolution authorizing the open market purchase of no bid items and related items and services for which a need cannot be specified (OM5-C57045), estimated cost $120,000, September 14, 2004 through June 30, 2005.

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

       I. Resolution authorizing the sole source purchase of maintenance services for the theatrical stage orchestra pit lifts from Gala Systems Incorporated (SS5-C56072), estimated cost $4,000, remainder of fiscal year 2004-05.

ADOPTED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PROCUREMENT SERVICES DIVISION.

       J. Resolutions authorizing purchases from State Contract:

          1. Fire alarm services and other life safety equipment (SW5-SW4043), estimated cost $300,000, retroactive to July 1, 2004 through June 26, 2005.

          2. Roof maintenance program (SW5-SW30308), estimated cost $400,000, retroactive to July 15, 2004 through June 30, 2005.

          3. Culverts (SW5-SW40094), estimated cost $200,000, retroactive to July 1, 2004 through April 30, 2005.

ADOPTED:  J. 1-3.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PROCUREMENT SERVICES DIVISION.

       K. Resolution approving Amendment No. 1 to pricing agreements, Data Printed Forms, Inc. (C54018), Oklahoma Business Forms (C54019), printing of utility bill forms, retroactive to August 6, 2004 through June 30, 2005.

ADOPTED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PROCUREMENT SERVICES DIVISION.

   VI. L. Ordinance to be introduced and set for final hearing September 28, 2004, (PUD-1027) 1201-1525 South I-44, 3101-3649 SW 15th Street, and 1500-1524 South Portland Avenue to PUD-1027 Planned Unit Development.  Ward 6.

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

       M. Ordinances to be introduced and set for final hearing October 5, 2004:

          1. (ABC-571) ABC-2 Alcoholic Beverage Consumption, Restaurant With Alcohol overlaying C-3 Community Commercial, 12201 North Rockwell Avenue.  Ward 8.

          2. (PC-9896) 8101 SW 89th Street from AA Agricultural to R-A Single Family Rural Residential.  Ward 3.

          3. (PC-9900) 1816 and 1820 SW 17th Street from R-1 Single Family Residential to R-2 Medium Low Density Residential.  Ward 6.

          4. (PC-9905) 2301 NW 150th Street from PUD-288 Planned Unit Development to R-1 Single Family Residential.  Ward 8.

          5. (PUD-1015) 501-825 North Bryant Avenue from I-3 Heavy Industrial to PUD-1015 Planned Unit Development.  Ward 7.

         6. (PUD-1018) 2920-3012 Rose Creek Drive from PUD-783 Planned Unit Development to PUD-1018 Planned Unit Development.  Ward 8.

          7. (PUD-1019) 11133-11239 West Reno Avenue from I-2 Moderate Industrial to PUD-1019 Planned Unit Development.  Ward 3.

          8. (SP-359) Special Permit to operate a residential drug and alcohol treatment center in the R-3 Medium Density Residential, 1230 NW 1st Street.  Ward 6.

INTRODUCED AND SET FOR FINAL HEARING OCTOBER 5, 2004:  M. 1-8.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PLANNING DEPARTMENT.

       N. 1. Ordinance to be introduced and set for final hearing October 19, 2004, (CE-632) vacating a portion of North Walker Avenue between Robert S. Kerr Avenue and NW 4th Street, a portion of Dean A. McGee Avenue to Walker Avenue and a portion of the platted 20 foot alley in Block 6, Bennett and Gerson Addition.  Ward 6.

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

INTRODUCED AND SET FOR FINAL HEARING AS AMENDED: N. 1.  (AMENDMENT: FINAL HEARING OCTOBER 5, 2004.)  ADOPTED:  N. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PLANNING DEPARTMENT.

       O. 1. Ordinance to be introduced and set for final hearing October 5, 2004, relating to Signs, amending Chapter 3, Article V, Section 3-119 of the Oklahoma City Municipal Code, 2002, relating to the prohibition of nonaccessory signs in and around the downtown area, and providing for an effective date of November 10, 2004.  Wards 6 and 7.

          2. Ordinance to be introduced and set for final hearing October 5, 2004, relating to Signs, amending Chapter 3, Article V, Section 3-119 of the Oklahoma City Municipal Code, 2002, relating to the prohibition of nonaccessory signs in the Downtown Scenic Highway Area, redefining the boundaries of said area; and providing an effective date of November 10, 2004.  Wards 6 and 7.

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

       P. 1. Resolution setting September 28, 2004, for the approval of the assessment roll for the Stockyards City Business Improvement District, Oklahoma City Improvement and Special Services Assessment District Number One, Agnew Avenue and Exchange Avenue.  Ward 6.

   VI. P. 2. Ordinance to be introduced and set for final hearing September 28, 2004, adopting and ratifying the assessment roll for the Stockyards City Business Improvement District, Oklahoma City Improvement and Special Services Assessment District Number One; establishing the time and terms of payment of the assessments and other expenses; fixing a reserve charge; fixing penalties to be charged for delinquent payments of the assessments or an installment thereof; setting forth tracts or parcels of land against which the assessments are being adopted, ratified, and levied; directing the City Clerk to prepare, sign, attest, and record with the Office of the County Clerk of Oklahoma County, within 60 days of the publication of this Ordinance, a claim of lien for any unpaid amount due and assessed against a tract or parcel of land; providing for an effective date of October 1, 2004.  Ward 6.

ADOPTED:  P. 1.  INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 28, 2004:  P. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PLANNING DEPARTMENT.

       Q. 1. Resolution setting the assessment roll for the Downtown Oklahoma City Business Improvement District, Oklahoma City Improvement and Special Services Assessment District Number 2, Automobile Alley, Bricktown, the Central area, Civic-Cultural area, and Deep Deuce; setting September 28, 2004 for public hearing on the assessment roll, and providing notice of said public hearing.  Wards 6 and 7.

   VI. Q. 2. Ordinance to be introduced and set for final hearing September 28, 2004, adopting and ratifying the assessment roll for the Downtown Oklahoma City Business Improvement District, Oklahoma City Improvement and Special Services Assessment District Number 2; establishing the time and terms of payment of the assessments and other expenses; fixing penalties to be charged for delinquent payments of the assessments or an installment thereof; setting forth tracts or parcels of land against which the assessments are being adopted, ratified, and levied; directing the City Clerk to prepare, sign, attest, and record with the Office of the County Clerk of Oklahoma County, within 60 days of the publication of this Ordinance, a claim of lien for any unpaid amount due and assessed against a tract or parcel of land; and providing for an effective date of October 1, 2004.  Wards 6 and 7.

ADOPTED:  Q. 1.  INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 28, 2004:  Q. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PLANNING DEPARTMENT.

       R. First renewal of Mutual Cooperation Agreement with Board of County Commissioners of Oklahoma County providing funds for the development of a Master Plan to guide development and infrastructure improvement to areas on NW 10th Street and NE 10th Street and to surrounding St. Anthony Hospital; and defining the terms for reimbursement of funds, not to exceed $85,000, retroactive to July 1, 2004 through June 30, 2005.  Wards 6 and 7.

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

   VI. S. Resolution accepting a $15,000 grant from the Forestry Services Division of the Oklahoma Department of Agriculture, Food and Forestry, for Urban and Community Forestry Assistance to fund a temporary urban forestry position, for the organization and management of a “Neighborhoods” Program, and development of a Tree Protection Ordinance, $15,000 in City matching funds required.

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

       T. Resolution amending the Fiscal Year 2004-05 Consolidated Plan to provide a $15,000 increase in Community Development Block Grant funding for the Graffiti Removal program, for the elimination of slum and blight conditions through graffiti removal.

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

       U. Resolution approving a 2003 Supportive Housing Renewal Grant Agreement with the United States Department of Housing and Urban Development and an Operating Agreement with the YWCA of Oklahoma City, for Supportive Housing Project No. OK56B302010(G80015), $185,752; and authorizing execution of the grant documents.

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

       V. Resolution approving the Oklahoma Historical Society Subgrant Agreement, Project No. 04-607 for the Certified Local Governments Program in the amount of $20,990 and pledging $13,994 in City local matching funds in the form of contributions to the salary of the City’s Historic Preservation Officer, September 30, 2004 through September 29, 2005.

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

   VI. W. Resolution accepting the dedications contained in the final plat of Sunset Ridge, Section 2, north of SE 59th Street and east of Triple X Road.  Ward 4.

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

       X. Resolution accepting the subdivision bond and dedications contained in the final plat of Canyon Creek Addition, south of NW 192nd Street and west of Western Avenue.  Ward 8.

          Deferred from August 31, 2004.

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

       Y. Resolutions accepting irrevocable letters of credit and dedications contained in the final plats:

          1. Bradford Place Estates, north of SE 89th Street and west of Sunnylane Road.  Ward 4.

          2. Gramercy Park 2nd Addition, south of Memorial Road and west of Rockwell Avenue.  Ward 8.

          3. Stonebridge West, Section 3, north of NW 36th Street and east of Sara Road.  Ward 1.

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

       Z. 1. Resolution accepting the irrevocable letter of credit and dedications contained in the final plat of Country Place Addition, Section 5.  Ward 5.

          2. Acceptance of two storm sewer easements and one sanitary sewer easement, south of SW 134th Street and west of Pennsylvania Avenue.  Ward 5.

ADOPTED:  Z. 1.  ACCEPTED:  Z. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PLANNING DEPARTMENT.

   VI. AA. 1. Ordinance to be introduced and set for final hearing September 28, 2004 relating to the Electrical Code; amending Section 18-2 and Section 18-6 of Article I of Chapter 18 of the Oklahoma City Municipal Code, 2002, by providing new definitions and adopting the 2002 edition of the National Electrical Code, as amended by resolution of Council; amending Article I of Chapter 18 by enacting a new Section 18-35 to require vehicle markings; amending Section 18-61 and Section 18-81 of Article II, by providing licensing for Unlimited and Residential Journeyman Wireman, and requiring journeyman and electrical contractors to have said license in their possession while performing electrical work; amending Section 18-144, Section 18-171, Section 18-177 and Section 18-201 of Article III of Chapter 18 by making it unlawful for anyone other than the Electrical Inspector to remove, alter, or damage any sticker, tag, label, or notice; requiring no structure to be occupied prior to final inspection; requiring posting of address; requiring submittal of evaluation report relating to prefabricated construction assembly; amending Section 18-222 of Article IV of Chapter 18 relating to membership of the Electrical Appeals and Code Commission; and providing an effective date.

INTRODUCED FOR FINAL HEARING SEPTEMBER 28, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

          2. Resolution to be introduced and set for final hearing on September 28, 2004, declaring the need for adoption of the National Electrical Code, 2002 Edition, and providing certain local amendments.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 28, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.   PUBLIC WORKS DEPARTMENT.

   VI. BB. 1. Ordinance to be introduced and set for final hearing on September 28, 2004, amending Article II of Chapter 12 of the Oklahoma City Municipal Code, 2002, adopting the International Building Code, 2003 Edition, and the International Existing Building Code, 2003 Edition, with certain amendments and deletions made thereto by resolution heretofore, adopted, as the Official Building Code of The City of Oklahoma City, regulating the administration, construction, alteration, removal, demolition, equipment use and structures; authorizing and ordering the publication of said building codes by title and condesed gist or summary pursuant to Section 26 of Article II of the Charter of The City of Oklahoma City, Oklahoma; and providing an effective date.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 28, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

          2. Resolution to be introduced and set for final hearing September 28, 2004, declaring the need for adoption of the 2003 International Existing Building Code and providing for certain local amendments.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 28, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

          3. Resolution to be introduced and set for final hearing September 28, 2004, declaring the need for adoption of the 2003 International Building Code and providing for certain local amendments.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 28, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

   VI. CC. 1. Ordinance to be introduced and set for final hearing September 28, 2004, relating to Fire Prevention and Protection, amending Chapter 20 of the Oklahoma City Municipal Code, 2002, by amending Article I, Section 20-1, composition of the Fire Department; amending Article II, Section 20-21, adopting the International Fire Code, 2003; Section 20-22, providing a Summary of International Fire Code, 2003; Section 20-23, adopting the National Fire Protection Association Codes and Standards by reference; Section 20-53, burn permits; Section 20-81, spreading fires; Section 20-85, fire control measures; Section 20-90, fire lanes; Section 20-94, and maintenance of equipment; Section 20-95, gated communities; and Section 20-113, water supply to fire hydrants; and providing an effective date of December 28, 2004.

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

          2. Ordinance to be introduced and set for final hearing September 28, 2004, amending Title 20 of the General Schedule of Fees; Chapter 60 of the Oklahoma City Municipal Code, 2002, Section 60-20-36 for Fire Prevention and Protection as it pertains to permit fees for tents, canopies and membrane structures.

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

          3. Resolution to be introduced and set for final hearing September 28, 2004, amending the International Fire Code, 2003, prior to its adoption, to suit the specific needs of the citizens of Oklahoma City.

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

   VI. DD. Final plans and specifications to be advertised for bids:

          1. Project MP-0233, Construction of Boat Ramp on Oklahoma River, Durland Avenue and SE 6th Street.  Ward 7.

          2. Project MP-0311, Playground Improvements, (six locations).  Wards 1, 2, 4, 6, 7 and 8.

APPROVED AND AUTHORIZED:  DD. 1,2.  BID RECEIPT DATE:  OCTOBER 5, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       EE. Contract award, Contract No. PR-12-01/02, Atlas Paving Company, street resurfacing, (13 locations), $831,203.60; assigning Oklahoma Testing Laboratories as testing laboratory; and approving contract and bonds.  Wards 3, 5 and 6.

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

       FF. Resolution extending time for award of contract and awarding contract to Atlas Paving Company, Project PC-0191, Pavement Reconstruction and/or Resurfacing, (six locations), $828,932.95; assigning Oklahoma Testing Laboratories as testing laboratory; and approving contract and bonds.  Ward 5.

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

       GG. Street Lighting Agreement with Caddo Electric Cooperative to provide municipal street lighting in various subdivisions within the City, not to exceed $25,000, retroactive to September 1, 2004 through June 30, 2005.  Ward 3.

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

   VI. HH. Amendment No. 1 to contracts for engineering services, Project PC-0257, Streetscape and Street Improvements, NE 23rd Street, I-235 to Bath Avenue, fee increase of $7,400.  Ward 7.

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

       II. Amendment No. 2 to contract for engineering services, Project PC-0181, Street and Ramp Access Improvements, NE 6th Street, Harrison Avenue, Walnut Avenue and Oklahoma Avenue at I-235 exit ramps, fee increase of $11,000.  Ward 7.

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

       $ JJ. Amendment No. 4 to Amended and Restated Contract for Engineering Services, MAPS Project MP-0146, MAPS North Canadian River/Eastern Avenue Dam, North Canadian River, Eastern Avenue west to May Avenue, fee increase of $33,870.  Wards 6 and 7.

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

       KK. Amendment No. 4 to contract for engineering services, Project PC-0135, State Highway 152, South County Line Road to South Meridian Avenue, fee increase of $88,750.

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

       $ LL. Amendment No. 7 to contract for engineering services, MAPS Project MC-0023, South Canal, south of Stiles Avenue and Reno Avenue intersection southeast under the elevated portion of I-40 to the North Canadian River, fee increase of $15,700.  Ward 7.

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

   VI. MM. Revocable Pipeline Permit with Superior Pipeline Company. L.L.C., construct and maintain a pipeline crossing, North Rockwell Avenue between NW 150th Street and NW 164th Street, retroactive to August 17, 2004 through May 1, 2005.  Ward 8.

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

       NN. Revocable Pipeline Permit Assignment from Shawver & Son, Inc. and Shawver Energy, Inc. to Toland & Johnson, Inc., NW 122nd Street west of Western Avenue, retroactive to January 1, 2004.  Wards 2 and 8.

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

       OO. Final acceptance, Contract No. PR-2-01/02 Phase I, street resurfacing, (ten locations); and maintenance bond be placed into effect.  Ward 6.

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

       PP. Acceptance of one permanent drainage easement.  Ward 8.

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

       QQ. Resolution declaring an emergency, approving construction plans, waiving formal competitive bidding procedures, accepting informal bids, ratifying the issuance of an emergency work order, awarding contract to Cimarron Construction Company, Project PC-0182, Meridian Avenue, north of NW 122nd Street, $89,485; and approving contract and bonds.  Ward 8.

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

   VI. RR. Golf Professional Management Agreement with the Oklahoma City Public Property Authority, and Mark Galloway, golf professional management services for James E. Stewart Golf Course, 2300 NE 10th Street, September 14, 2004 through September 30, 2006.  Ward 7.

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

       SS. Resolution declaring Dean A. McGee Park surplus and abandoned for park use; and allowing the park to revert to the previous owner in compliance with the reversion clause in the deed, ten residential lots, NW 112th Street between North Shartel Avenue and North Ollie Street.  Ward 2.

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

       TT. Ordinance to be introduced and set for final hearing on September 28, 2004, authorizing removal of one parking meter and the installation of one “2-Hour Handicap Parking” space on Sheridan Avenue beginning approximately 118 feet west of Oklahoma Avenue and extending 22 feet west, north side.

INTRODUCED AND SET FOR FINAL HEARING SEPTEMBER 28, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       UU. Contractual Agreement with the Independent School District No. 89 of Oklahoma County, provision of school security services, not to exceed $880,057; and authorizing deposit of funds, retroactive to July 1, 2004 through June 30, 2005. 

APPROVED AND AUTHORIZED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  POLICE DEPARTMENT.

   VI. VV. Oklahoma City Airport Trust Agreements:

          1. Farm Lease Agreement, Tommy Thornton, lease of certain lands for the purpose of beekeeping for the production of honey, November 1, 2004 through October 31, 2006, Will Rogers World Airport, $186 annually.  Ward 3

          2. Supplemental Airport Use Agreement No. 3, Dallas Morning News, Inc., use of premises to maintain and operate certain newspaper machines, extend the term from October 1, 2004 through September 30, 2005, Will Rogers World Airport, $72 annually.  Ward 3.

APPROVED:  VV. 1,2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  DEPARTMENT OF AIRPORTS.

       WW. Modification of contract with Genesis Environmental Solutions, L.L.C., altering the scope of work by changing one course offering for the provision of Waste Site Brownfields Workers Training, September 14, 2004 through June 30, 2005.

APPROVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PERSONNEL DEPARTMENT.

       XX. Joint Resolutions with the Oklahoma City Municipal Facilities Authority authorizing the modification of the Administrative Services Agreements:

          1. CommunityCare HMO, Inc. to provide managed care services to The City of Oklahoma City and participating public trust employees, retirees, and eligible dependents, subject to annual fiscal appropriation by the Council for The City of Oklahoma City, estimated cost $5,374,510, effective January 1, 2005 through December 31, 2008.

   VI. XX. 2. PacifiCare of Oklahoma, Inc. to provide managed care services to The City of Oklahoma City and participating public trust employees, retirees, and eligible dependents, subject to annual fiscal appropriation by the Council for The City of Oklahoma City, estimated cost $12,585,724, effective January 1, 2005 through December 31, 2008.

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

       YY. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the extension of a modified Administrative Services Agreement with Delta Dental Plan of Oklahoma for dental benefit plans for The City of Oklahoma City and participating public trust employees, retirees, and eligible dependents, subject to annual fiscal appropriation by the Council for The City of Oklahoma City, estimated cost $2,479,440, effective January 1, 2005 through December 31, 2005.

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

       ZZ. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the extension of an Administrative Services Agreement with Fringe Benefits Management Company, to provide administrative services for a flexible benefits program for The City of Oklahoma City, under Section 125 of the Internal Revenue Code, subject to annual fiscal appropriation by the Council for The City of Oklahoma City, estimated cost $160,000, effective January 1, 2005 through December 31, 2005.

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

   VI. AAA. Resolution authorizing the destruction of various records, files, working papers and other miscellaneous documents in the Personnel Department, dated 1984 through 2000, pursuant to 11 O.S. §22-131.

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

       BBB. Commercial Property Lease with Charles A. Shadid, LLC dba Shadid Properties for Weed and Seed Safe Haven II, Jeffrey Rominger Community Services Center, 3448 “B”, 3450 and 3452 SW 29th Street; and 3006 through 3008 South Dumas Avenue, not to exceed $34,000, retroactive to July 1, 2004 through June 30, 2005.  Ward 3.

APPROVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

       CCC. Resolution authorizing execution of the Weed and Seed: Project Safe Neighborhoods grant award documents for the Project Safe Neighborhoods Program, located in and around the Weed and Seed Target Area, as well as areas served by the THRIVE Program, not to exceed $135,502 over a two year period; and authorizing deposit of funds.

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

       DDD. Joint Resolution with the Oklahoma City Public Property Authority declaring the All Sports Stadium facility obsolete, of no financial value and surplus to the needs of The City of Oklahoma City, Oklahoma City Fairgrounds, 800 Eighty-Niner Drive.  Ward 6.

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

   VI. EEE. Resolution authorizing and directing negotiations for a State Legislative Consulting Services Contract with Marvin York in association with Steve Edwards and setting forth certain guidelines.

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

       FFF. Receive Fiscal Year 2004-05 Central Oklahoma Transportation and Parking Authority Budget.

RECEIVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  TRANSIT SERVICES DEPARTMENT.

       GGG. Receive the Fiscal Year 2004-05 Oklahoma City Zoological Trust Budget.

RECEIVED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  FINANCE DEPARTMENT.

       HHH. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,393.12 and all costs of the action in the Oklahoma County District Court in the claim filed by OG&E.

          2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,497.32 and all costs of the action in the Oklahoma County District Court in the claim filed by OG&E.

          3. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $2,764.34 and all costs of the action in the Oklahoma County District Court in the claim filed by Southern Foods Group LP.

   VI. HHH. 4. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $800 and all costs of the action in the Oklahoma County District Court in the claim filed by Amber Stuck.

ADOPTED: HHH. 1-4.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

       III. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers’ Compensation Court Claim No. 2003-04287-A, styled: Alphonso D. Kemp, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and further authorizing the Municipal Counselor to assist said counsel in the rendition of said Petition to Judgment as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution.

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

  VII. Concurrence Docket.

VIII. Items Requiring Separate Votes.

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

     1. (ABC-570) ABC-2 Alcoholic Beverage Consumption, Restaurant With Alcohol overlaying C-CBD Central Business, 500 West Main Street.  Ward 6.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,543.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT:  MCATEE.  PLANNING DEPARTMENT.

VIII. A. 2. (PUD-1003) 1001 NW 43rd Street from R-1 Single Family Residential to PUD-1003 Planned Unit Development.  Ward 2.

     Deferred from July 20, August 3, and August 31, 2004.

     Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,544.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY BOWMAN, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  PLANNING DEPARTMENT.

       B. Ordinance on final hearing (emergency) recommended for approval, (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, 12303 North Westminster Road.  Ward 7.

     Deferred from August 17 and 31, 2004.

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

ADOPTED AS AMENDED WITHOUT EMERGENCY.  ORD. #22,545.  (AMENDMENT: CONDITIONS TO INCLUDE NO CRANES, NO LIGHTS, LIMIT ACTIVITY TO EAST SIDE OF RIVER, LIMIT DEPTH TO 25 FEET, AND PLANTING OF TREES IF ALLOWED BY FLOOD PLAN.)  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  FOSHEE.  PLANNING DEPARTMENT.

       C. Ordinance on final hearing (emergency) recommended for denial (five affirmative votes required for approval), (PC-9888) 5400 South Cemetery Road from AA Agricultural to R-A Single Family Rural Residential.  Ward 3.

          Deferred from August 3, 2004.

DEFERRED TO OCTOBER 5, 2004.  PLANNING DEPARTMENT.

VIII. D. Ordinance on final hearing (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.

ADOPTED WITH EMERGENCY.  ORD. #22,541.  MOVED BY SIMANK, SECONDED BY MCATEE.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  FOSHEE.  EMERGENCY:  MOVED BY SIMANK, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  FOSHEE.  PLANNING DEPARTMENT.

       E. Ordinance on final hearing, authorizing the installation of “No Parking, 6:00 p.m. to 6:00 a.m., Saturday through Sunday” signs on Hood Avenue from NE 21st Street to NE 23rd Street, east side.  Ward 7.

ADOPTED.  ORD. #22,542.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  FOSHEE.  PUBLIC WORKS DEPARTMENT.

     F. Ordinance on final hearing, 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. 

ADOPTED.  ORD. #22,539.  MOVED BY LIEBMANN, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  FOSHEE.  PARKS AND RECREATION DEPARTMENT.

VIII. G. Ordinance on final hearing, 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.

ADOPTED.  ORD. #22,540.  MOVED BY LIEBMANN, SECONDED BY MCATEE.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  FOSHEE.  NEIGHBORHOOD SERVICES DEPARTMENT.

VIII. H. 1. Ordinance No. 22,538 on final hearing, 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.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,538.  MOVED BY MARRS, SECONDED BY MCATEE.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  CITY MANAGER’S OFFICE.

VIII. H. 2. Resolution 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.

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

          3. Proclamation of the Mayor calling a special election to be held on the 14th 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.

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

          4. Resolution 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.

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

VIII. I. Resolution 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.

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

     J. 1. Public hearing regarding dilapidated structures:

          a. 1610 North Ellison Avenue (garage)  Ward 6

          b. 811 South Walker Avenue (house, shed)  Ward 6

          c. 2612 NW 16th Street (garage)  Ward 6

          d. 3200 NE 23rd Street (house)  Ward 7

          e. 1208 NW 31st Street (house)  Ward 2

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

          g. 3520 NW 39th Street (motel rooms 6,7,8,9)  Ward 2

          h. 328 NW 88th Street (shed)  Ward 7

          i. 526 NW 97th Street (shed)  Ward 2

          j. 2244 NE 22nd Street (fence, house, stemwall with concrete pad)  Ward 7

          Deferred from July 20, 2004.

          k. 917 NW 35th Street (garage, house, shed)  Ward 2

          Deferred from August 17, 2004.

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

          Deferred from February 24, and March 9, 2004.

          2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of September 15, 2004 and October 15, 2004 for commencement and completion of removal by owners.

ADOPTED AS AMENDED:  J. 1. a-h,j-l.  STRICKEN:  J. 1. i.  MOVED BY LIEBMANN, SECONDED BY RINEHART.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  FOSHEE.  NEIGHBORHOOD SERVICES DEPARTMENT.

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

          a. 5200 Bodine Drive (house)  Ward 4

          b. 10129 Bromley Court (house)  Ward 5

          c. 2201 South Central Avenue (garage apartment, house)  Ward 7

          d. 1421 North Ellison Avenue (apartment)  Ward 6

          e. 5800 Foster Road aka 2403 SE 55th Street (mobile home)  Ward 4

          f. 3716 West Liberty Street (cellar)  Ward 3

          g. 3419 North McKinley Avenue (garage apartment)  Ward 2

          h. 1714 West Park Place (house)  Ward 6

          i. 3600 South Phillips Avenue (house, shed)  Ward 7

          j. 2115 North Shartel Avenue (duplex)  Ward 6

          k. 11604 North Victoria Drive (pool)  Ward 2

          l. 2425 North Walker Avenue (commercial building)  Ward 2

          m. 1611 NW 7th Street (house)  Ward 6

          n. 1209 NW 17th Street (apartment)  Ward 6

          o. 703 NW 20th Street aka 2109 North Lee Avenue (duplex, house, shed)  Ward 6

          p. 2629 NW 24th Street (house)  Ward 2

          q. 2314 SW 25th Street (shed)  Ward 6

          r. 308 SE 26th Street aka 308-310 SE 26th Street (duplex, garage)  Ward 7

          s. 2508 SW 42nd Street (house)  Ward 6

          t. 2412 SW 63rd Street (house)  Ward 5

          u. 505 SW 67th Street (shed)  Ward 5

          v. 5624 NW 82nd Street (house)  Ward 1

          w. 513 NW 87th Street (house)  Ward 2

          2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED:  K. 1. a,c-g,j,l,m,o,r-u,w.  STRICKEN:  K. 1. b,h,i,k,n,p,q,v.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  FOSHEE.  NEIGHBORHOOD SERVICES DEPARTMENT.

VIII. L. 1. Public Hearing.

          2. Resolution authorizing The City of Oklahoma City for the benefit of the Oklahoma City Police Department, to accept a $258,983 grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, approving the expenditure budget, ratifying the application and electronic acceptance of the grant by the Police Department, authorizing execution of the attached letter, $28,776 in City matching funds required; and authorizing deposit of funds. 

PUBLIC HEARING HELD:  L. 1.  ADOPTED:  L. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN.  ABSENT:  FOSHEE.  POLICE DEPARTMENT.

     M. Revocable Permits for holding:

          1. “Bricktown Bike Bash”, September 25, 2004, sponsored by the Bricktown Association, Bricktown.  Ward 7.

          2. “Mesta Festa”, September 25, 2004, sponsored by the Mesta Park Neighborhood Association, Mesta Park.  Ward 6.

          3. “Plaza District Festival”, September 25, 2004, sponsored by Plaza District Association, Plaza District on NW 16th Street.  Ward 6.

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

     N. Revocable Permit with the Oklahoma City Riverfront Redevelopment Authority for holding the NCAA Rowing Competition “Head of the Oklahoma Centennial Regatta”, October 2-3, 2004, sponsored by Oklahoma City University, on the Oklahoma River, east of Western Avenue to Eastern Avenue.  Wards 6 and 7.

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

VIII. O. Resolution naming improvements in the lower Bricktown area south of the intersection of Reno Avenue and Mickey Mantle Drive; providing the fountain shall be designated the “Centennial Fountain” and the plaza the “United Way Plaza”.  Ward 7.

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

     P. Resolution naming a portion of the Oklahoma River and the Canal Zone G river inlet “Regatta Park”.  Ward 7.

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

       Q. 1. Resolution acknowledging a Municipal Court component within the Public Safety information system projects, as an appropriate project to be supported by the limited purpose City capital improvement excise tax, estimated cost $2.5 million.

          2. Resolution approving the contract with ACS State and Local Solutions, Inc., integration services, software and related hardware necessary to successfully implement various Public Safety systems, including an optional integrated Municipal Court information system, $18,854,144 and additional implementation services and equipment not to exceed $1 million, September 14, 2004 through June 30, 2010.

ADOPTED:  Q. 1,2.  MOVED BY LIEBMANN, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART AND LIEBMANN.  ABSENT:  FOSHEE AND SIMANK.  PUBLIC SAFETY CAPITAL PROJECTS OFFICE.

VIII. R. Resolution approving revisions to the Police Operations Manual, correcting errors in grammar, pronoun use or names; and to meet compliance standards of the Commission on Accreditation for Law Enforcement Agencies, Policy 115.0 Police Authority; Policy 123.0 Assistance to Other Law Enforcement Agencies and Events of Concurrent Jurisdiction; Policy 670.30 In-Service Training; Policy 675.10 Training of Civilian Employees; and adding Policy 120.05 Victim/Witness Assistance; and Policy 670.32 Individual Training Records.

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

     S. Enter into Executive Session with the Municipal Counselor to discuss plans for deterrence or prevention of or protection from an act of terrorism as authorized by 25 O.S. (2001) §307(B)(9)(c).

ENTERED INTO EXECUTIVE SESSION.  MOVED BY LIEBMANN, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART AND LIEBMANN.  ABSENT:  FOSHEE AND SIMANK.  CITY MANAGER’S OFFICE.

       T. Enter into Executive Session with the Municipal Counselor to discuss the Court ordered Settlement Conference in the case of Steve York, et al., vs. The City of Oklahoma City, United States District Court for the Western District of Oklahoma, Case No. CIV-03-1484-R, as authorized by 25 O.S. (2001) §307(B)(4).

STRICKEN.  MUNICIPAL COUNSELOR’S OFFICE.

       U. 1. Joint Resolution authorizing David Lee to represent former City Employee, Joyce Gilchrist, in the United States District Court for the Western District of Oklahoma Case No. CIV-04-662-F, styled:  David Johns Bryson, et al., vs. Robert H. Macy, et al.

          AND/OR

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

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

VIII. V. 1. Claims recommended for denial:

          a. Vincent Centracco  $35

          b. Kimberly McKibbon  $65

          c. Lee Mullican  In excess of $75,000

          d. Breck Ryker  $7,070

          e. Karen Schott  $86.46

          f. Pamela Shepherd  $154

          g. Kerry Williams  $475

          h. Frank Witcosky  $3,967.08

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

   IX. A. 1. Claim for Approval,

          a. Kevin Henderson  $163.41

          AND/OR

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

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

    Extra Item: Resolution declaring the cancellation of the regular Council meeting falling on Tuesday, October 12, 2004 due to the joint Council workshop with the Oklahoma City School Board and the Oklahoma City Metropolitan Area Public Schools Trust to be held on that date; declaring items scheduled to be heard on October 12, 2004 be heard on October 19, 2004; and directing the City Clerk to give notice of such cancellation.

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

    X. Items from Council.

       A. Ordinance to be introduced and set for final hearing October 5, 2004, relating to Zoning, amending Chapter 59, Article VI, Section 59-6300.1 of the Oklahoma City Municipal Code, 2002, as amended, pertaining to qualified use and structure regulations by providing conditions for outside storage of materials in the I-3 Heavy Industrial and I-2 Moderate Industrial Districts.

          Councilman Rinehart.

INTRODUCED AND SET FOR FINAL HEARING OCTOBER 5, 2004.  MOVED BY RINEHART, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.

Mr. Bowman reported that the new Metropolitan Library has recently received and installed two bicycle racks.  The new racks allow for four bicycles to be parked.  He said two additional racks are on order and those racks combined will accommodate a total of eight bicycles.

Mr. Bowman said he attended a picnic last Sunday at the Flower Garden Park at NW 48th Street and Classen Avenue.  He was encouraged by the turn out from the Woodland Park neighbors and Fire Station 11.  Mr. Bowman said they were celebrating the newly planted trees and new playground equipment in the park.

Mr. Bowman offered condolences to Councilwoman Willa Johnson’s family for the death of her father.  Mr. Bowman said Pastor M.L. Jemison delivered a wonderful eulogy at the funeral yesterday.

Mr. McAtee said he appreciated Major Charles Allen and Office Specialist Jan Bowen who have offered to attend the Westbury Neighborhood meeting this week in his absence.  He said the Police Department is always willing to attend these neighborhood events and their support is very much appreciated.  He encouraged all the Westbury neighbors to attend this Thursday night at 7:00 p.m.

Mr. McAtee reminded the Meridian Hills neighbors to attend their meeting this week also.

Mr. McAtee said he was pleased to hear that Crest Foods is going to open a store in the vacated Snyder’s in the Musgrave-Pennington neighborhood at NW 23rd Street and Meridian Avenue.  He said it is a tremendous boost for the neighborhood to have Crest Foods occupy that vacant storefront.

     X.

Mr. Rinehart said he recently had a call from a citizen complaining that the zoning codes do not allow him to add on to his home to provide a kitchen and bathroom for his elderly mother.  Mr. Rinehart requested more information about the zoning requirements and hoped that Oklahoma City could find a way to accommodate the needs of the elderly.

Mr. Foshee said he has written a letter to the Metropolitan Library asking them to consider parking validation for students who are using the new library.  He said it was a hardship for some families to pay for their students to park at the facility.

Mr. Foshee extended his sympathy to Councilwoman Johnson and her family in their time of loss.

Ms. Simank said the naming of the United Way Plaza today reminded her that she wanted to encourage everyone to support the upcoming United Way fall campaign.   She said United Way supports many of our Oklahoma non-profits and it is a worthy cause.

Ms. Simank reminded everyone to attend the Plaza District Festival and the Mesta Festa on Saturday, September 25th

Ms. Simank said October is the time for home tours.  She said Linnwood, Heritage Hills, and Miller neighborhoods generally have home tours and it provides everyone an opportunity to see Oklahoma City’s oldest and finest homes.

Mr. Liebmann extended condolences to Councilwoman Johnson.

Mr. Liebmann said he wondered if The City might design an informational card to give to citizens explaining the process for filing a claim against The City.  He is concerned that citizens assume that filing a claim results in getting payment for the claim.  He thought it might be beneficial to have a card that City employees give out to reduce confusion about this issue.

Mr. Couch agreed it was a good idea and he would have a hand out created.

Mr. Liebmann asked that we keep the Floridians in our prayers as they are dealing with yet another hurricane.

     X.

Mr. Liebmann explained his position on the sign ordinance item by saying he tends to side with businesses on these issues.  He reminded everyone that businesses pay The City’s bills through their tax collections.

Mr. Liebmann said it would be nice if the AmTrak train would arrive in Oklahoma City earlier than 9:30 p.m.  He thought an earlier arrival time would allow the passengers enough time to have a nice dinner and spend money before going to bed. 

   XI. City Manager Reports.

     A. Enhanced AmTrak Security Services

Mr. Couch said it was possible to provide security services in the evenings for approximately $13,000 per year.  He said we might try to solicit some partners to help pay for the security services.

Mayor Cornett said to look for partners and get an idea of what funding options might be available before a decision is made on the issue.

     B. GlobalHealth

     C. Status Report on Strategic Action Plans

     D. Adoption of the National Electrical Code, 2002; the International Building Code, 2003; and the International Existing Building Code, 2003

     E. FY 03-04 Fund Transfer Report July 1, 2003 through June 30, 2004

     F. Performance Measures

  XII. Citizens to be Heard.

Michael Joseph, 1403 Glenwood Avenue, is a lawyer representing GlobalHealth and spoke about legal issues relating to GlobalHealth’s request to be considered as a provider for HMO services to Oklahoma City employees.

  XII.

Denise Suttles, 701 NE 10th Street, President of GlobalHealth spoke about possible rate reductions if GlobalHealth were allowed to provide HMO services.

Johnnie Young, 512 NW 141st Street, spoke about the need for a Citizens’ Review Board for the Police Department.

XIII. Adjournment.  11:47 a.m.

Mick Cornett, Mayor    

ATTEST:

Frances Kersey, City Clerk

James D. Couch, City Manager