THE CITY OF OKLAHOMA CITY

FORMAL AGENDA

CITY COUNCIL

OCTOBER 19, 2004

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on October 15, 2004.)

    I. Invocation and Pledge of Allegiance.

PASTOR DAVID BUSIE

BETHANY FIRST CHURCH OF THE NAZARENE

PLEDGE LED BY COUNCILMAN MCATEE

   II. Call to Order.  8:41 a.m.

MAYOR CORNETT PRESIDING.

ALL MEMBERS PRESENT.

  III. From the Office of the Mayor.

     A. Appointment of Gary Marrs as Vice Mayor.

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

Mayor Cornett recognized Councilman Sam Bowman and Councilman Guy Liebmann for past service as Vice Mayor.  Mayor Cornett presented each of them with a commemorative watch.

     B. Appointment of Michael E. Dunn, John M. Yoeckel and Donald E. Criswell to the Board of Adjustment.

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

     C. Appointment of Bob Linn to the Board of Appeals – Building Code.

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

  III. D. Appointment of Ann Hayworth and Stan Barton to the Board of Governors for Nurseries, Day Care Centers and Day Camps.

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

     E. Appointment of Norman Foster and Charles E. Wysong to the Building Code Commission.

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

     F. Appointment of Paul Strasbaugh to the Oklahoma City Fairgrounds Trust.

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

     G. Appointment of Scott Buxton to the Trails Advisory Committee.

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

PROCLAIMED:  October 25-29, 2004, as “Empower OKC Week”.  Received by Karl Hillerman, Chair of the Oklahoma City Empowerment Zone Governance Committee and Susan Johnston, Chair of the 2004 Empowerment Zone Conference.

Mayor Cornett recognized Janie Deupree, Executive Director of Oklahoma City Beautiful.  Ms. Deupree thanked Anne Michalski, Chairman of the OKC Beautiful Beautification Committee, Shana Keith-Ward, Adopt a Park Program Manager, and Wendel Whisenhunt, Parks and Recreation Department Director.  Ms. Deupree presented several awards to citizens and local groups that have spent countless volunteer hours beautifying our area parks. 

  III.

Those recognized included Friends of Martin Park and the Green Earth Gang (Martin Park Nature Center), Woodland Park Neighborhood Association and Northwest/Casady Kiwanis Club (Flower Garden Park), Late Bloomers (NW 36^th Street and Portland Avenue), Eastside Capitol Gateway (Glen Ellyn Park), Latino Community Development Agency (SW 36^th and Robinson Avenue), Taylor Park Neighborhood Association (Taylor Park), Oklahoma Earthbike Fellowship (Bluff Creek bike trails located behind Pat Murphy Park), Oklahoma State Fair (median flowerbed located at May Avenue and NW 8^th Street),  Northwest Oklahoma City Rotary (Stinchcomb Wildlife Refuge), Musgrave Pennington Neighborhood Association (NW 19^th Boulevard median between Portland Avenue and Meridian Avenue), and 38^th EIG/Cherry Hill (SE 59^th Street from Post Road to Douglas Boulevard). 

   IV. A. Receive Journal of Council Proceedings for October 5, 2004.

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

     B. Approve Journal of Council Proceedings for September 28, 2004.

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

    V. Request for Uncontested Continuances.

     VIII.  E.

     11-02-04

RECESS COUNCIL MEETING.  9:14 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY.  9:14 a.m.

(Majority of a Quorum required for approval)

          1. a. Joint Resolution authorizing the Municipal Counselor to settle the City of Oklahoma City’s subrogation claim for payment of medical bills paid under the City’s Indemnity Healthcare Plan against the proceeds recovered by Tena Phillips, dependent of employee Dennis Phillips, arising out of injuries sustained in an automobile accident of June 17, 2003.

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

          2. Change Order No. 1 and Amendment No. 1, Project MP-0233, Douglass Park Development Plan and Park Improvements; and Project MP-0234, Athletic Field Improvements, Hefner Park, Stars and Stripes Park, Washington Park, Wheeler Park, Wiley Post Park and Douglass Park improvements, increase of $18,443.12.  Wards 1, 2, 6 and 7.

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

ADJOURN OCMFA.  9:15 a.m.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY.  9:15 a.m.

(Five affirmative votes required for approval.)

     1. a. Renewal of contract, Justice Golf Car Co., Inc. (R5-C36128), golf course golf car parts, replacement parts and factory authorized services, retroactive to July 1, 2004 through June 30, 2005.

OCPPA. 1. b. Resolution authorizing the open market purchase of no bid items and related items for which a need cannot be specified (OM5-C36129), estimated cost $30,000, retroactive to July 1, 2004 through June 30, 2005.

APPROVED:  1. a.  ADOPTED:  1. b.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PROCUREMENT SERVICES DIVISION.

     2. Resolution approving SMG Operating Policies and Procedures for management and operations of the Cox Business Services Convention Center, One Myriad Gardens, and the Ford Center, 100 West Reno Avenue.  Ward 7.

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

ADJOURN OCPPA.  9:15 a.m.

CONVENE AS OKLAHOMA CITY ENVIRONMENTAL ASSISTANCE TRUST.  9:15 a.m.

(Five affirmative votes required for approval.)

     1. Renewal of pricing agreement with Stericycle, Inc., collection and disposal of biomedical waste from City owned or related facilities, March 1, 2005 through February 28, 2006.

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

ADJOURN OCEAT.  9:15 a.m.

RECONVENE COUNCIL MEETING.

   VI. Consent Docket.

       A. 1. Renewal of contracts, American Playground Corporation (R5-C47060), Belson Outdoors, Inc. (R5-C47061), Gardner Pre-Cast Concrete of OK (R5-C47063), Hunter Knepshield of Texas, Inc. (R5-C47064), Kay Park-Rec Corp. (R5-C47065), Kids Place Designs, LLC (R5-C47066), Midgard Corporation (R5-C47067), Miracle Recreation Equipment (R5-C47068), Mity-Lite, Inc. (R5-C47069), Southwest Parks & Playgrounds, L.P. (R5-C47070), R.J. Thomas, Mfg. Co. Inc. (R5-C47071), Recreation Supply Co. (R5-C47072), Rex Playground Equipment (R5-C47073), Texacraft, Inc. (R5-C47074), outdoor furnishings: park and play equipment, site furnishings, and surfacing, retroactive July 1, 2004 through June 30, 2005.

          2. Resolution authorizing the open market purchase of no bid items and related items for which a need cannot be specified (OM5-C47075), estimated cost $100,000, retroactive to July 1, 2004 through June 30, 2005; and authorizing the contract assignment from Modlin Recreation Equipment to Southwest Parks and Playgrounds, L.P.

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

       B. Contract awards and approvals:

          1. Southwest Trailers and Truck Equipment (C58801), three brand new, latest model 12-foot chipper dump bodies to be furnished and installed, $38,181.

          2. Bergkamp, Inc. (C58802), two brand new, latest model, 5-cubic yard asphalt pothole patchers, $104,900.

   VI. B. 3. Southwest Trailers and Equipment (C58803), one brand new, hydraulic, articulating brush loader, $55,775.

AWARDED AND APPROVED:  B. 1-3.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PROCUREMENT SERVICES DIVISION.

       C. Resolution authorizing the purchase from State Contract of an automated fleet fuel management system (S5-SW00101), retroactive to October 1, 2004 through March 31, 2005.

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

       D. Pricing agreement award and approval, The Journal Record (C54056), publication of legal notices, November 1, 2004 through June 30, 2005.

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

       E. Resolution requesting authority to deduct $28,200 in liquidated damages from final payment to ATC American La France (C38113), for late delivery of one hazardous materials vehicle (PG45080005966) per contract specifications.

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

       F. Ordinances to be introduced and set for final hearing November 16, 2004:

          1. (PC-9910) 16400 South Harrah Road from C-1 Neighborhood Commercial to AA Agricultural.  Ward 4.

          2. (PUD-1014) 2228 NW 164^th Street from PUD-923 and PUD-940 Planned Unit Development to PUD-1014 Planned Unit Development.  Ward 8.

   VI. F. 3. (PUD-1026) 1301-1335 NW 178^th Street from PUD-269 Planned Unit Development and R-1 Single Family Residential to PUD-1026 Planned Unit Development.  Ward 8.

          4. (PUD-1029) 2001-2028 NW 164^th Street and 16200-16224 North Pennsylvania Avenue from PUD-127A Planned Unit Development and C-3 Community Commercial to PUD-1029 Planned Unit Development.  Ward 8.

INTRODUCED AND SET FOR FINAL HEARING NOVEMBER 16, 2004:  F. 1-4.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       G. 1. Ordinance to be introduced and set for final hearing November 23, 2004, (CE-633) to close the west five feet of the platted 20-foot drainage and utility easement, Lot 3, Block 2, Hefner Pointe Addition, north of West Hefner Road and west of Lake Hefner Parkway.  Ward 8.

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

INTRODUCED AND SET FOR FINAL HEARING NOVEMBER 23, 2004:  G. 1.   ADOPTED:  G. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       H. Request for Proposals to be advertised for consulting services to evaluate the fiscal impact of development in Oklahoma City and develop a computer model for projecting fiscal impacts. 

APPROVED AND AUTHORIZED.  BID RECEIPT DATE:  NOVEMBER 30, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

   VI. I. Acceptance of St. Anthony Hospital Campus Master Plan, rehabilitation/expansion of the St. Anthony Campus, NW 8^th Street and NW 11^th Street; and North Hudson Avenue and Classen Boulevard.  Ward 6.

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

       J. Acceptance of a 17-foot street and utility easement, 10400-10424 North Sooner Road.  Ward 7.

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

       K. Memorandum of Understanding with the Oklahoma City National Memorial concerning maintenance of the NW 5^th Street Streetscape project, NW 5^th Street, between North Broadway Avenue and Hudson Avenue.  Ward 6.

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

       L. Resolutions expressing support for the Oklahoma Housing Finance Agency applications for Affordable Housing Tax Credits, with the Oklahoma Housing Finance Agency meeting all applicable “Threshold Requirements” in Oklahoma Housing Finance Agency rules and upon the applications meeting all other applicable legal requirements:

          1. London-Michaels, LLC, an affiliate of the Michaels Development Company, for the rehabilitation of a 200-unit affordable housing project, 7533 NW 6^th Street; provided such expression of support is conditioned upon the application for Affordable Housing Tax Credits to be filed by London-Michaels, LLC.  Ward 3.

   VI. L. 2. Rockwell-Michaels, LLC, an affiliate of the Michaels Development Company, for the rehabilitation of a 60-unit affordable housing project, 905 North Rockwell Avenue; provided such expression of support is conditioned upon the application for Affordable Housing Tax Credits to be filed by Rockwell-Michaels, LLC.  Ward 3.

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

       M. Resolutions releasing the irrevocable letters of credit:

          1. Lakeview Estates, Section 3, north of NW 36^th Street and west of Sara Road.  Ward 1.

          2. Muirfield Village, south of NW 164^th Street and west of May Avenue.  Ward 8.

          3. Muirfield Village II, south of NW 164^th Street and west of May Avenue.  Ward 8.

          4. Wind Wood North, Section 2, south of SE 74^th Street and west of Sooner Road.  Ward 4.

ADOPTED:  M. 1-4.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       N. Resolutions releasing the subdivision bonds:

          1. Cascata Lakes, Section 2, south of SW 134^th Street and east of May Avenue.  Ward 5.

          2. Glenhurst, Section 2, south of NW 122^nd Street and east of MacArthur Boulevard.  Ward 8.

          3. Jefferson’s Garden, Section 3, north of NW 150^th Street and west of Pennsylvania Avenue.  Ward 8.

          4. The Legacy, south of SW 134^th Street and west of May Avenue.  Ward 5.

ADOPTED:  N. 1-4.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

   VI. O. Resolution accepting the subdivision bond and dedications contained in the final plat of Villas at Cascata Lakes, Section 1, south of SW 134^th Street and east of May Avenue; and acceptance of five off-site sanitary sewer utility easements.  Ward 5.

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

       P. Ordinance to be introduced and set for final hearing October 26, 2004, authorizing the installation of “Carriage Loading Zone Only, 3:00 PM to 3:00 AM, Tow-Away Zone” signs in conjunction with the existing signage on the east side of Mickey Mantle Drive beginning approximately 112 feet north of Reno Avenue and extending 60 feet north; on the east side of Mickey Mantle Drive beginning approximately 325 feet north of Reno Avenue and extending 60 feet north; on the west side of Mickey Mantle Drive beginning approximately 63 feet north of Sheridan Avenue and extending 60 feet north; on the east side of Oklahoma Avenue beginning approximately 90 feet south of Reno Avenue and extending 60 feet south; on the north side of Sheridan Avenue beginning approximately 35 feet east of Oklahoma Avenue and extending 60 feet east; on the north side of Sheridan Avenue beginning approximately 34 feet west of Oklahoma Avenue and extending 84 feet west; on the south side of Sheridan Avenue beginning approximately 295 feet west of Ron Norick Boulevard/Robinson Avenue and extending 90 feet west; on the west side of Ron Norick Boulevard/ Robinson Avenue beginning approximately 295 feet south of Sheridan Avenue and extending 105 feet south; and on the east side of Harvey Avenue beginning approximately 39 feet north of NW 5^th street and extending 60 feet north.  Wards 6 and 7.

INTRODUCED AND SET FOR FINAL HEARING OCTOBER 26, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

   VI. Q. Rejection of bids, Project MP-0225, Bank Stabilization at Grand Boulevard from I-44 to NE 63^rd Street, east side of Grand Boulevard, north of I-44 and south of NE 63^rd Street.  Ward 7.

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

       R. Final plans and specifications to be advertised for bids, Project DC-0204, Phase II, fairgrounds drainage improvements, Oklahoma State Fairgrounds, 500 Land Rush Street.  Ward 6.

APPROVED AND AUTHORIZED.  BID RECEIPT DATE:  NOVEMBER 9, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       S. Resolution extending time for award of contract and awarding contract to Nash Construction Company (primary) and Haskell Lemon Construction Co., Atlas Paving Company, McConnell Construction, Inc., Markwell Paving Company, Shell Construction Co. Inc., and Rudy Construction Company (secondary), Project PM-0167, snow and ice plowing and removal services, not to exceed $100,000 per event, October 19, 2004 through June 30, 2005.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

       T. Change Order No. 1, Contract No. 1, PR-09-02/03, street resurfacing, Mustang Road, SW 89^th Street to SW 119^th Street; SW 104^th Street, Mustang Road to Czech Hall Road; Portland Avenue, SW 119^th Street to SW 134^th Street; and County Line Road, SW 15^th Street to SW 74^th Street; increase of $19,604.04.  Wards 3 and 5.

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

   VI. U. Change Order No. 1 and Amendment No. 1, Project MP-0233, Douglass Park Development Plan and Park Improvements; and Project MP-0234, Athletic Field Improvements, Hefner Park, Stars and Stripes Park, Washington Park, Wheeler Park, Wiley Post Park and Douglass Park improvements, increase of $18,443.12.  Wards 1, 2, 6 and 7.

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

       V. Change Order No. 4 and Amendment No. 1, Project MP-0305, South Lakes Park Phase II, SW 119^th Street and South Meridian Avenue, increase of $6,269.98.  Ward 3.

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

       W. Final acceptance, Contract No. PR 1-03/04, street resurfacing, (three locations); and placing maintenance bond into effect.  Ward 4.

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

       X. Final acceptance, Project DM-0226, channel cleaning and maintenance, (13 locations).  Wards 2, 7 and 8.

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

       Y. Final acceptance, Project MC-0193, site construction for the 800 MHz Trunked Radio System, (12 locations); and placing maintenance bond into effect and withholding final payment upon completion of generator installation and startup.  Wards 1, 2, 3, 4, 6 and 7.

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

   VI. Z. Acceptance of privately constructed projects; and placing maintenance bonds into effect as of the final inspection dates:

          1. Nine privately constructed sanitary sewer projects.  Wards 1, 6, 7 and 8.

          2. Eight privately constructed paving and drainage projects.  Wards 1, 3, 5, 7 and 8.

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

       AA. Acceptance of one permanent drainage easement, three permanent street and utilities easements and two permanent sanitary sewer easements.  Wards 1, 3 and 8.

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

       BB. Acceptance of two permanent and five temporary easements, Project DC-0165, storm drainage improvements, Lightning Creek, 6200 South Santa Fe Avenue, SW 45^th Street and South Broadway Avenue.  Ward 4.

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

       CC. Release of permanent easement, Dean A. McGee Avenue, Walker Avenue to Dewey Avenue.  Ward 6.

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

   VI. DD. Resolutions approving the Oklahoma Department of Transportation Enhancement Project Agreement, Federal-Aid Project No. STPY-155E(448)EH, State Job Piece No. 21636(04) and Oklahoma Department of Transportation Project Maintenance Agreement, Project No. STPY-155A(448)EH, State Job Piece No. 21636(04) for Project PC-0257, intersection of NE 23^rd Street and Laird Avenue; NE 23^rd Street, from Broadway Avenue to Bath Avenue.  Ward 7.

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

       EE. Resolution approving Cooperative Agreement with the Oklahoma Department of Wildlife Conservation authorizing application for Oklahoma Department of Wildlife Conservation Sport Fish Restoration Funds for Boat Ramp Construction on the Oklahoma River; authorizing the preparation of applications for Boating Access Facilities Development Funding for boating access; authorizing execution of all necessary forms to enter into the Cooperative Agreement with the Oklahoma Department of Wildlife Conservation authorizing documentation be provided for the project costs and provide an invoice to Oklahoma Department of Wildlife Conservation for reimbursement of up to 75% of eligible costs as provided in the Cooperative Agreement; and approving receipt of Oklahoma Department of Wildlife Conservation funding up to $84,412.50 to reimburse City funds utilized; and authorizing deposit of reimbursed funds.  Ward 7.

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

   VI. FF. Resolution approving contract extensions with American Training Institute, $9,253; DeMarge College, $10,823; Eagle Ridge Institute, $3,943; and Francis Tuttle Technology Center, $1,281; Temporary Assistance to Needy Families program administered through the Office of Workforce Development for customers of the Central Oklahoma Workforce Center, a Workforce Development System Center of the Central Oklahoma Workforce Investment Area, retroactive to October 1, 2004 through November 30, 2004.

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

       GG. Resolutions authorizing The City of Oklahoma City, for the benefit of the Oklahoma City Police Department, to accept grants; and authorizing execution of documents:

          1. Office of National Drug Control Policy, Grant No. I4PNTP503Z, $383,920, retroactive to January 1, 2004.

          2. Office of National Drug Control Policy passed through the Navarro County Sheriff’s Office, Grant No. I3PNTP501, $133,920, retroactive to January 1, 2003.

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

       HH. Resolution authorizing The City of Oklahoma City, for the benefit of the Oklahoma City Police Department, to accept a grant of $105,000 from the Oklahoma Highway Safety Office to provide $85,000 of continued funding for the Oklahoma City Impaired Driving Enforcement Program and $20,000 in new funding for the Under 21 Enforcement Program; ratifying application for the grant; and authorizing the deposit of funds.

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

   VI. II. School Crossing Guard Agreements:

          1. Millwood Public Schools, $990, retroactive to July 1, 2004 through June 30, 2005.

          2. Independent School District No. 2, Moore Public Schools, $12,870, retroactive to July 1, 2004 through June 30, 2005.

APPROVED:  II. 1,2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  POLICE DEPARTMENT.

       JJ. Resolution authorizing the destruction of various records, files, working papers, and other miscellaneous documents in the Police Department, dated 1984 through 2003, pursuant to 11 O.S. (2001) §22-131.

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

       KK. Resolution authorizing the City Manager to formally request the Federal Communications Commission mandated Phase I enhanced wireless 9-1-1 services from each wireless carrier operating in Oklahoma City, and to continue cooperative efforts with the 9-1-1 Association of Central Oklahoma Governments or establishing enhanced wireless 9-1-1 services in Central Oklahoma.

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

       LL. Ordinance to be introduced and set for final hearing October 26, 2004, relating to General Schedule of Fees; amending Section 60-33-12(d) of Title 33, Article III, of Chapter 60, of the Oklahoma City Municipal Code, 2002, by increasing the filing fee for all bonds to comply with State statute.

INTRODUCED AND SET FOR FINAL HEARING OCTOBER 26, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  MUNICIPAL COURTS.

   VI. MM. Resolution accepting a Quit Claim Deed from Harvesters Assembly conveying property to the City, 1525 NE 8^th Street; and granting a Quit Claim Deed conveying property to Harvesters Assembly c/o Third Street Church of God, 715 NE 2^nd Street, for church expansion.  Ward 7.

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

       NN. Oklahoma City Airport Trust Agreements:

          1. Hangar/Office Lease Agreement, The ServiCenter, Inc., lease of certain facilities and ground area for conduct of a fixed base operation, to add to the leased premises and for construction of two hangar/office facilities to be subleased for aircraft storage/office space, $12,238.20 annual rent, Wiley Post Airport.  Ward 1.

          2. Passenger Airline Operating and Lease Agreement for Non-Signatory Airlines, Allegiant Air, LLC, operation of a Part 121 charter carrier service between Oklahoma City and Las Vegas, Nevada, October 27, 2004 through December 31, 2004, Will Rogers World Airport.  Ward 3.

          3. Supplemental Agreement No. 2 to Lease No. DTFA-02-86-L-86526, United States of America, Federal Aviation Administration, for lease of Hangar 10, to establish and fund a maintenance, repair and insurance reserve account, add security clauses and update and amend miscellaneous contract language, $48,348.28 annually, retroactive to October 1, 2004 through June 30, 2013, Mike Monroney Aeronautical Center, Will Rogers World Airport.  Ward 3.

          4. Supplemental Lease and Operations Agreement No. 8, AAR Airframe & Accessories Group, Inc., dba: AAR Aircraft Services Oklahoma, Inc., remove 998 square feet of ground space from the leased premises, return space to the Trust as an excepted area, adjust rental accordingly, revised annual ground rental, $142,922.79, October 19, 2004 through March 31, 2009, Will Rogers World Airport.  Ward 3.

   VI. NN. 5. Supplemental Agreement No. 16, Trajan Flight Support, L.P., lease of certain facilities and ground area for the conduct of a fixed base operation, to building an approximately 14,400 square foot hangar to be subleased for aircraft storage space, October 19, 2004 through June 30, 2024, Wiley Post Airport.  Ward 1.

APPROVED:  NN. 1-5.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  DEPARTMENT OF AIRPORTS.

       OO. Oil and Gas Division Order, Baron Exploration Company, to establish the Trust’s interest in the Wiley Post 1-9 Well and set forth procedures for the Trust’s receipt of royalty payments, retroactive from March 24, 2004 until cancelled, Wiley Post Airport.  Ward 1.

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

       PP. Oklahoma City Airport Trust Agreement – Amendment of Solicitation/Modification of Contract (Amendment A030), Lease No. MS-91-L-0060, United States of America, Department of Justice, United States Marshals Service, leasing of the United States Marshals Service Air Wing Facility, adjust rentals due to insurance premium cost adjustment, $974,550.64 annual rent, retroactive to September 1, 2004 through August 31, 2011, Will Rogers World Airport.  Ward 3.

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

       QQ. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $2,381.20 and all costs of the action in the Oklahoma County District Court in the claim filed by Alan Forman.

   VI. QQ. 2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,850 and all costs of the action in the Oklahoma County District Court in the claim filed by Oklahoma City University.

ADOPTED:  QQ. 1,2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

       RR. Resolution authorizing the City Clerk to destroy miscellaneous City Council memorandums and attachments from January 1991, through December 1994, pursuant to 11 O.S. (2001) §22-131.

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

       SS. Ratify and approve Addenda Nos. 1 and 2, and award contract to CP3 Enterprises, Inc., Project MP-0322, boat ramp construction on the Oklahoma River, north bank of the Oklahoma River, east of Byers Avenue, $106,180.28; assigning Engineering Services & Testing, Inc. as testing laboratory; and approving contract and bonds.  Ward 7.

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

  VII. Concurrence Docket.

     A. Concurrence with the Oklahoma City Water Utilities Trust in approving plans and specifications to be advertised for bids, Project WT-0046, Phase III – Hefner Plant Improvements: New 3 MGD Sludge Pump Station, Hefner Water Treatment Plant, 4000 NW 108^th Street.  Ward 8.

CONCURRED.  MOVED BY LIEBMANN, SECONDED BY MARRS.  BID RECEIPT DATE:  OCTOBER 26, 2004.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

  VII. B. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution authorizing contract negotiations with Capstone Consulting Partners to provide utility billing system expert services.

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

     C. Concurrence with the Oklahoma City Water Utilities Trust in accepting Project ST-0082, Rehabilitation of Raw Sewage Pump Buildings Phase I & II, North Canadian Wastewater Treatment Plant, 12800 North Anderson Road; and placing maintenance bond into effect.  Ward 7.

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

     D. Concurrence with the Oklahoma City Water Utilities Trust in receiving Oklahoma Department of Environmental Quality construction permit (WT000055040561), Project WC-0418, improvements and expansion from 90 MGD to 124 MGD, Lake Draper Water Treatment Plant, 13700 South Douglas Boulevard.  Ward 4.

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

VIII. Items Requiring Separate Votes.

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

     1. (ABC-572) ABC-2 Alcoholic Beverage Consumption, Restaurant With Alcohol overlaying C-3 Community Commercial, 5418 North Western Avenue.  Ward 2.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,580.  MOVED BY BOWMAN, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  MARRS.  PLANNING DEPARTMENT.

VIII. A. 2. (ABC-573) ABC-2 Alcoholic Beverage Consumption, Restaurant With Alcohol overlaying PUD-963 Planned Unit Development, 13810 North Pennsylvania Avenue.  Ward 8.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,581.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  MARRS.  PLANNING DEPARTMENT.

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

     Deferred from October 5, 2004.

DEFERRED TO NOVEMBER 16, 2004.  PLANNING DEPARTMENT.

     4. (PUD-982) 1335 SW 54^th Street, 5401-5405 South Blackwelder Avenue, and 5417-5421 South Blackwelder Avenue from R-1 Single Family Residential, and PUD-611 Planned Unit Development to PUD-982 Planned Unit Development.  Ward 4.

     Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,583.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY RINEHART, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

          5. (PUD-989) 1411-1605 SW 96^th Street from AA Agricultural to PUD-989 Planned Unit Development.  Ward 5.

     Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,584.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY FOSHEE, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

VIII. A. 6. (PUD-1016) 12201-12325 South Western Avenue from AA Agricultural to PUD-1016 Planned Unit Development.  Ward 5.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,585.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY FOSHEE, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

     7. (PUD-1021) 6300-6432 NW 164^th Street from AA Agricultural to PUD-1021 Planned Unit Development.  Ward 8.

     Easement requested but not submitted.

DEFERRED TO NOVEMBER 16, 2004.  PLANNING DEPARTMENT.

          8. (PUD-1024) 5800-5824 SW 36^th Street and 3700-3808 South MacArthur Boulevard from I-1 Light Industrial and I-2 Moderate Industrial to PUD-1024 Planned Unit Development.  Ward 3.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,587.  MOVED BY MCATEE, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

         9. (PUD-1025) 13101-13225 South I-44 Highway from PUD-863 Planned Unit Development to PUD-1025 Planned Unit Development.  Ward 3.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,588.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY MCATEE, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

VIII. B. Ordinance on final hearing (emergency) recommended for approval, (CE-632) vacating a portion of North Walker Avenue between Robert S. Kerr Avenue and NW 4^th Street.  Ward 6.

     Deferred from October 5, 2004.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,586.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  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, September 14, and October 5, 2004.

DEFERRED TO NOVEMBER 2, 2004.  PLANNING DEPARTMENT.

  D. Ordinance on final hearing (emergency) (five affirmative votes required for approval), (PUD-1017) 1101 NW 10^th Street from R-3 Medium Density Residential, C-3 Community Commercial and C-4 General Business to PUD-1017 Planned Unit Development.  Ward 6.

DEFERRED TO NOVEMBER 2, 2004.  PLANNING DEPARTMENT.

       E. Ordinance on final hearing (emergency), (PUD-1028) 17900-19224 North May Avenue, 2300-2848 NW 192^nd Street, and 2701-2849 NW 178^th Street from R-1 Single Family Residential to PUD-1028 Planned Unit Development.  Ward 8.

     Request for deferral to November 2, 2004.

DEFERRED TO NOVEMBER 2, 2004.  PLANNING DEPARTMENT.

VIII. F. Ordinance on final hearing (emergency) recommended for approval, (SP-361) Special Permit to erect a telecommunications tower (160-foot monopole) in the I-2 Moderate Industrial, 9219 South Shields Boulevard.  Ward 4.

          Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,582.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY RINEHART, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

     G. Ordinance on final hearing, relating to Vehicles for Hire; amending Section 56-272 of Article III of Chapter 56 of the Oklahoma City Municipal Code, 2002, by amending the type and amount of insurance coverage carriages must obtain to operate in Oklahoma City.

ADOPTED.  ORD. #22,578.  MOVED BY JOHNSON, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

     H. Ordinance on final hearing (emergency), relating to the General Schedule of Fees and Municipal Court; amending Chapter 60 and 33 of the Oklahoma City Municipal Code, 2002, respectively, amending Section 60-33-29 by increasing the AFIS fee amount; amending Section 33-63 by increasing fines which may be accepted by Court Administration; and providing an effective date of November 1, 2004.

ADOPTED WITH EMERGENCY.  ORD. #22,579.  MOVED BY MARRS, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  EMERGENCY.  MOVED BY MARRS, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  MUNICIPAL COURTS.

     I. 1. Public hearing regarding dilapidated structures:

          a. 11305 North Eagle Lane (house)  Ward 8

          b. 1413 Garland Drive (house)  Ward 7

          c. 907 North Kentucky Avenue (garage apartment)  Ward 6

          d. 1620 Linden Street (garage)  Ward 6

VIII. I. 1. e. 2534 North MacArthur Boulevard (northwest greenhouse #1, northwest greenhouse #2, northwest greenhouse #3, northwest greenhouse #4)  Ward 3

          f. 2534 North MacArthur Boulevard (northeast greenhouse #1, northeast greenhouse #2, northeast greenhouse #3, northeast greenhouse #4)  Ward 3

          g. 2534 North MacArthur Boulevard (east greenhouse #1, east greenhouse #2, east greenhouse #3, east greenhouse #4)  Ward 3

          h. 2534 North MacArthur Boulevard (southeast greenhouse #1, southeast greenhouse #2, southeast greenhouse #3, southeast greenhouse #4)  Ward 3

          i. 2534 North MacArthur Boulevard (southwest greenhouse #1, southwest greenhouse #2, southwest greenhouse #3, southwest greenhouse #4)  Ward 3

          j. 639 SE 6^th Street (house)  Ward 7

          k. 823 NW 12^th Street (apartment building)  Ward 6

          l. 1828 NW 12^th Street (garage, rear porch)  Ward 6

          m. 2315 SE 13^th Street (house, shed)  Ward 7

          n. 33 SW 23^rd Street aka 27 SW 23^rd Street (house, rear cement block building)  Ward 7

          o. 5820 NW 26^th Street (office building)  Ward 3

          p. 5820 NW 26^th Street (north greenhouse #1, north greenhouse #2, north greenhouse #3, north greenhouse #4)  Ward 3

          q. 5820 NW 26^th Street (storage building, commercial building)  Ward 3

          r. 5820 NW 26^th Street (southeast greenhouse #1, southeast greenhouse #2, southeast greenhouse #3, southeast greenhouse #4)  Ward 3

          s. 5820 NW 26^th Street (southwest greenhouse #1, southwest greenhouse #2, southwest greenhouse #3, southwest greenhouse #4)  Ward 3

          t. 1423 NW 31^st Street (garage)  Ward 2

          u. 601 SW 32^nd Street (collapsed carport, collapsed shed, garage)  Ward 6

          v. 4706 NE 36^th Street (house)  Ward 7

          w. 1908 NW 39^th Street (duplex)  Ward 2

VIII. I. 1. x. 1604 North Ellison Avenue (garage)  Ward 6

          Deferred from August 17, 2004.

          y. 1500 NE 8^th Street (house)  Ward 7

          Deferred from July 20, 2004.

          z. 134 NE 16^th Street aka 136 NE 16^th Street (rear house)  Ward 7

          Deferred from July 20, 2004.

          2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of October 20, 2004 and November 19, 2004 for commencement and completion of removal by owners.

ADOPTED AS AMENDED:  I. 1. a,b,d,j-w,y,z.  DEFERRED TO NOVEMBER 16, 2004:  I. 1. c, e-i.  STRICKEN:  I. 1. x.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

     J. 1. Public hearing regarding long-term boarded structures:

          a. 205 North Walnut Avenue (commercial building)  Ward 7

          2. Resolution declaring the long-term boarded structures are dilapidated; directing said structures to be torn down, establishing dates of October 20, 2004 and November 19, 2004 for commencement and completion of removal by owners.

DEFERRED TO NOVEMBER 23, 2004.  NEIGHBORHOOD SERVICES DEPARTMENT.

     K. 1. Public hearing regarding unsecured structures:

          a. 3238 South Agnew Avenue (commercial building, shed)  Ward 6

          b. 5200 Bodine Drive (house)  Ward 4

          c. 5321 Creekwood Terrace (house, shed)  Ward 4

          d. 610 North Douglas Avenue (duplex)  Ward 6

          e. 4300 South Oklahoma Avenue (house)  Ward 7

          f. 2820 North Robinson Avenue (apartment)  Ward 7

          g. 1128 North St. Clair Avenue (house)  Ward 6

          h. 2318 South Stiles Avenue (house)  Ward 7

          i. 2322 South Stiles Avenue (house)  Ward 7

          j. 8301 Wood Duck Drive (pool)  Ward 1

          k. 523 NW 7^th Street (house)  Ward 6

          l. 1716 NW 8^th Street (house)  Ward 6

VIII. K. 1. m. 1209 NW 9^th Street (apartment, rear house)  Ward 6

          n. 110 NW 10^th Street (commercial building)  Ward 7

          o. 2111 SE 13^th Street (house)  Ward 7

          p. 319 NE 15^th Street (north house, south house)  Ward 7

          q. 2225 SW 23^rd Street (cellar, house)  Ward 6

          r. 3912 NW 24^th Street (house)  Ward 1

          s. 3904 SW 26^th Street (house)  Ward 3

          t. 1533 NE 47^th Street (house, shed)  Ward 7

          u. 424 NW 87^th Street (house)  Ward 7

          2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED:  K. 1. a-f,h,i,m,n,p-s,u.  STRICKEN:  K. 1. g,j-l,o,t.  MOVED BY SIMANK, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  ABSENT:  LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

     L. Appeal of Traffic Commission Decision to defer indefinitely the installation of a traffic signal at the intersection of NW 85^th Place and Council Road.  Ward 1.

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

     M. 1. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Municipal Counselor to settle the City of Oklahoma City’s subrogation claim for payment of medical bills paid under the City’s Indemnity Healthcare Plan against the proceeds recovered by Tena Phillips, dependent of employee Dennis Phillips, arising out of injuries sustained in an automobile accident of June 17, 2003.

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

VIII. N. 1. Enter into executive session with the Municipal Counselor to discuss the upcoming Settlement Conference in the case of Rodric Carr, Jr. vs. Castle, et al., Case No. CIV-01-124-C, in the United States District Court for the Western District of Oklahoma, as authorized by 25 O.S. (2001) §307(B)(4).

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

          2. Enter into executive session with the Municipal Counselor to discuss the upcoming Settlement Conference in the case of Michael Thierry vs. The City of Oklahoma City, et al., Case No. CIV-03-969-C, in the United States District Court for the Western District of Oklahoma, as authorized by 25 O.S. (2001) §307(B)(4).

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

     O. 1. Claims recommended for denial:

          a. Luella Lingenfelter  $337.28

          b. James McCray  $523.77

          c. David M. Shear  $900

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

   IX. A. 1. Claims for Approval,

          a. William Donnell  $393

          b. Geoffrey Hartgers  $194.06

          c. Pacita Keefe  $147.50

          d. Richard McIntosh  $749.99

          e. Southwestern Bell Telephone  $600.86

          f. Southwestern Bell Telephone  $742.62

          AND/OR

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

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

    X. Items from Council.

       A. Resolution adopting certain state legislative issues as the City of Oklahoma City’s “2005 State Legislative Program”; and reaffirming procedures to deal with other State legislative issues.

          Council Legislative Committee.

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

Mr. Marrs encouraged everyone to attend the Groundbreaking Ceremony for the Route 66 Park today at 3:00 p.m. at NW 23^rd Street and Overholser Drive.

Mr. Bowman said a recent Red Cross newsletter said Gary Marrs has been appointed President of the local Red Cross chapter.  He congratulated Councilman Marrs on his new appointment.

Mr. Bowman said the recent Metro Transit Report was encouraging.  He said he hoped the City would maintain its commitment of resources to the “Share A Fare” program so those who are disadvantaged can enjoy opportunities for independence. 

Mr. McAtee thanked the Retired Firefighters for their hospitality to him and his wife last night.

    X.

Mr. McAtee thanked the Briarwood Neighborhood Association for the great hot dog cookout they hosted last Saturday night.

Mr. McAtee encouraged all the Windsor Oaks residents to attend the neighborhood meeting tonight at 6:00 p.m.  Mr. McAtee reminded citizens that participating in neighborhood associations is a meaningful way to exhibit volunteerism.

Mr. Foshee thanked SMG for addressing concerns raised about the 90-minute wait citizens endured to enter the Toby Keith concert on Sunday at the Ford Center.  He said SMG is looking for ways to smooth the admitting process without compromising security concerns.

Ms. Simank encouraged everyone to attend the Trolley Track Run 2004 this Saturday, October 23^rd.  She said the run begins at NW 19^th Boulevard and Youngs Boulevard.  Ms. Simank said the money earned would be used to restore old historic neighborhoods like Crestwood, Pennville and Linnwood.

Ms. Simank said the Linwood Home Tour is scheduled for this Sunday afternoon from 1:00 to 5:00 p.m.  She said seven homes are featured on the tour along with the backyard art studio of artist, Chris Nix.  She said tickets for the Home Tour are available at the 23^rd Street Antique Mall on NW 23^rd Street just west of May Avenue.

Ms. Johnson thanked North Highlands Elementary School for allowing her to be Principal for the Day for the eighth time.  She recognized Ms. Linda Ellis and Mrs. Opal Floyd, teachers at the school.  Ms. Johnson was excited about the tutoring/mentoring opportunities available at the school.

Ms. Johnson attended the UniverSoul Circus at the Oklahoma City campus of Langston University this weekend.  She said the UniverSoul Circus predominately features people from minorities who are extremely talented.  Ms. Johnson thanked the producers of the circus for providing tickets so underprivileged children could attend the performance. 

Ms. Johnson congratulated Sargeant Isaac Goodman and Travis Hinton who have been honored as Police Officers of the Month in Bricktown.  She thanked Caption Steve McCool for all the progress made toward resolving issues in the Bricktown area. 

    X.

Ms. Johnson expressed concern about the recent predatory lending stories in the news.  She asked for citizens, especially elderly ones, to have an expert review contracts before signing to protect themselves from this crime.

Mr. Liebmann attended the Bluff Creek homeowners meeting last Tuesday night.

Mr. Liebmann thanked the Mayor for the wonderful watch and inscription on the back.  He said he really enjoyed his opportunity to act in the Mayor’s behalf.

   XI. City Manager Reports.

     A. Metro Transit

    B. Urban Forestry Programs and Landscape Ordinance Status Report

     C. Seatbelt Citation Demographics

     D. Curfew Violations

     E. Police/Fire Equipment Projects Update

  XII. Citizens to be Heard.

Stephen Florentz, 3709 NW 59^th Street, spoke about dead animals, an impact study on Lake Hefner, pot holes around Lake Overholser and his monthly bill for city services increasing since last year.

Ann Felton, Habitat for Humanity, 1025 North Broadway, spoke about an unsecured building on NW 10^th Street next to her office.

XIII. Adjournment.  11:12 a.m.

Mick Cornett, Mayor    

ATTEST:

Frances Kersey,City Clerk

James Thompson,Acting City Manager