THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

OCTOBER 26, 2004

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on October 22, 2004.)

    I. Invocation and Pledge of Allegiance.

MARTY GRUBBS, SENIOR PASTOR

THE CROSSINGS COMMUNITY CHURCH

PLEDGE LED BY COUNCILMAN RINEHART

   II. Call to Order.  8:35 a.m.

MAYOR MICK CORNETT PRESIDING.

COUNCILMAN MARRS, COUNCILMAN BOWMAN, COUNCILWOMAN SIMANK AND COUNCILWOMAN JOHNSON ABSENT.

  III. From the Office of the Mayor.

   IV. A. Receive Journal of Council Proceedings for October 19, 2004.

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

     B. Approve Journal of Council Proceedings for October 5, 2004.

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

    V. Request for Uncontested Continuances.

     VIII. B.

     11-02-04

RECESS COUNCIL MEETING.  8:39 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY.  8:39 a.m.

(Majority of a Quorum required for approval)

          1. Joint Resolution extending time for award of contract and awarding contract to Downey Contracting, Inc., Project MP-0253, Route 66 Park, West Overholser Drive and NW 23^rd Street, $3,405,851.60; assigning GW2 Engineering, Inc. as testing laboratory; and approving contract and bonds.  Ward 1.

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

     2. a. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement in the Workers’ Compensation Court Claim No. 2003-12428-K, styled: Scott V. Foreman, 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.

          b. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement in the Workers’ Compensation Court Claim No. (to be assigned), styled: Jeral A. Plumlee, 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:  2. a,b.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  FINANCE DEPARTMENT.

ADJOURN OCMFA.  8:40 a.m.

CONVENE AS OKLAHOMA CITY ENVIRONMENTAL ASSISTANCE TRUST.  8:40 a.m.

(Five affirmative votes required for approval.)

     1. Rate Adjustment Statement as provided in the Solid Waste Collection Agreement with Waste Management of Oklahoma, collection of municipal solid waste including recycling and bulky waste, effective September 1, 2004.  Wards 1, 2, 3, 5, 6 and 8.

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

ADJOURN OCEAT.  8:40 a.m.

RECONVENE COUNCIL MEETING.

   VI. Consent Docket.

       A. Resolution approving agreement with R.K. Black, Inc. (C54073), lease and maintenance of one Ricoh Aficio 2027S/P digital copier, October 26, 2004 through June 30, 2005.

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

       B. Resolution declaring two Ford New Holland articulated boom mowers surplus and authorizing the trade-in, in conjunction with the purchase of one new Machete TS115A New Holland Model tractor with Alamo 21-foot Machete boom mower from Central New Holland, Inc., State Contract (S5-SW40190).

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

   VI. C. Resolution ratifying and approving the purchase of computers and computer supplies utilizing state contract pricing for the period of October 1, 2004 through November 30, 2004 and authorizing the purchase of computers from State Contract (S5-SW00206), retroactive to October 1, 2004 through November 30, 2004.

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

       D. Ordinance to be introduced and set for final hearing November 16, 2004 (ABC-575) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying the C-3 Community Commercial, 3655 NW 39^th Street.  Ward 2.

INTRODUCED AND SET FOR FINAL HEARING NOVEMBER 16, 2004.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  PLANNING DEPARTMENT.

       E. Surveyor’s Certificate and Correction of Plat for Willow Oaks Estates, north of Britton Road and west of Midwest Boulevard.  Ward 7.

STRICKEN.  PLANNING DEPARTMENT.

       F. Request for Proposals to be advertised with the Oklahoma City Riverfront Redevelopment Authority for recreational boat concession operators/contractors for the section of the North Canadian River known as the Oklahoma River, I-35 to Meridian Avenue.  Wards 3, 6 and 7.

APPROVED AND AUTHORIZED.  BID RECEIPT DATE:  NOVEMBER 23, 2004.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

   VI. G. Ratify and approve Addendum No. 1 and award of contract to Pope Contracting, Inc., Project MP-0311, Playground Improvements at Dolese Youth Park, Douglas Park, Harvest Hills Park, Mackleman Park, Northeast Center Park and Wayman Park, $462,100.03; assigning Standard Testing and Engineering Company as testing laboratory; and approving contract and bonds.  Wards 1, 2, 4, 6, 7 and 8.

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

       H. Agreements with Oklahoma County for street improve-ments:

          1. PJ-OK-88, NW 16^th Street from City limits line south from Rockwell Avenue to ½ mile east of Rockwell Avenue, not to exceed $39,000.  Ward 3.

          2. PJ-OK-89, NW 16^th Street from City limits line south from Rockwell Avenue to ½ mile west of Rockwell Avenue, not to exceed $26,500.  Ward 1.

APPROVED:  H. 1,2.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       I. Final acceptance, Project DM-0225, channel cleaning and maintenance, (seven locations).  Wards 1, 2 and 8.

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

       J. Revocable Pipeline Permit with Enerfin Resources I, L.P., construct and maintain a pipeline, South Peebly Road north of SE 74^th Street.  Ward 4.

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

   VI. K. Receive Consultant Review Committee Report, Project PC-0269, SW 15^th Street, MacArthur Boulevard east to the river sedimentation pond; and authorization to negotiate a contract.  Ward 3.

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

       L. Resolution declaring the necessity for acquiring and owning permanent and temporary easements, Project WC-0469, Western Avenue, Hefner Road to NW 192^nd Street.  Wards 2 and 8.

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

       M. Ratify and approve Addenda Nos. 1 and 2, and adopt Joint Resolution with the Oklahoma City Municipal Facilities Authority extending time for award of contract and awarding contract to Downey Contracting, Inc., Project MP-0253, Route 66 Park, West Overholser Drive and NW 23^rd Street, $3,405,851.60; assigning GW2 Engineering, Inc. as testing laboratory; and approving contract and bonds.  Ward 1.

RATIFIED, AWARDED, ADOPTED, ASSIGNED AND APPROVED.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  PARKS AND RECREATION DEPARTMENT.

       N. Acknowledge contribution of funds by East Wharf Development, L.L.C. to its subtenant; and approving Estoppel Certificate with the Oklahoma City Water Utilities Trust for MidFirst Bank.

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

   VI. O. Ordinance to be introduced and set for final hearing November 2, 2004, relating to Sewer and Sewage Disposal, by amending Chapter 47, Article XI of the Oklahoma City Municipal Code, 2002, Section 47-731 relating to individual aerobic wastewater systems; and Section 47-732 relating to discharge of wastewater effluent and by creating new Section 47-733 establishing requirements for installation, operation and maintenance and Section 47-734 establishing responsibility for compliance and violations.

INTRODUCED AND SET FOR FINAL HEARING NOVEMBER 2, 2004 AS AMENDED.  (AMENDMENT: TO PROVIDE FOR EMERGENCY.)  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

       P. Landscape Improvement and Maintenance Agreement with Douglas-Edgemere Neighborhood Association, park improvements and maintenance, Douglas Park, 500 NW 47^th Street, October 26, 2004 through October 25, 2009.  Ward 2.

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

       Q. Permit Dealer License with the Oklahoma City Water Utilities Trust and the Corner Market, sale of lake activity permits, 115 South Westminster Road, October 26, 2004 through October 25, 2005.  Midwest City.

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

       R. Permit with the Oklahoma City Water Utilities Trust and the Oklahoma City Broncos Baseball Association, Inc., operation and maintenance of the baseball field, Hefner Park, 3301 North Grand Boulevard, October 26, 2004 through October 25, 2007.  Ward 2.

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

   VI. S. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,240.21 and all costs of the action in the Oklahoma County District Court in the claim filed by Roger Chambers.

          2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $2,498.76 and all costs of the action in the Oklahoma County District Court in the claim filed by Oakdale Meadows Homeowners Association.

          3. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $7,047.66 and all costs of the action in the Oklahoma County District Court in the claim filed by Southwestern Bell Telephone.

          4. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,258.87 and all costs of the action in the Oklahoma County District Court in the claim filed by Southwestern Bell Telephone.

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

          T. 1. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement in the Workers’ Compensation Court Claim No. 2003-12428-K, styled: Scott V. Foreman, 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.

   VI. T. 2. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement in the Workers’ Compensation Court Claim No. (to be assigned), styled: Jeral A. Plumlee, 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:  T. 1,2.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  FINANCE DEPARTMENT.

     U. Agreement with the Independent School District No. 89 of Oklahoma County, Oklahoma, for sale of a tract of land, 32.32 acres, site of John Marshall High School, NW 122^nd Street and Portland Avenue, revenue of $685,000.  Ward 8.

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

  VII. Concurrence Docket.

     A. 1. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1, Project SC-0465, Lightning Creek Sanitary Sewer Line Rehabilitation and Reconstruction-Phase I, Oklahoma River to SW 29^th Street, Shields Boulevard to Robinson Avenue.  Wards 6 and 7.

          2. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contract, Project SC-0465, Lightning Creek Sanitary Sewer Line Rehabilitation and Reconstruction-Phase I, Urban Contractors, Inc., Oklahoma River to SW 29^th Street, Shields Boulevard to Robinson Avenue, $2,786,725.10; and approving contract and bonds.  Wards 6 and 7.

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

  VII. B. 1. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1, Project WM-0083 (Revised), West Elm Creek Off Road Vehicle Relocation Plan, Phase I – Trailhead Development, Lake Draper Drive between Douglas Boulevard and SE 134^th Street.  Ward 4.

          2. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contract, Project WM-0083 (Revised), West Elm Creek Off Road Vehicle Relocation Plan, Phase I – Trailhead Development, Shell Construction Company, Inc., Lake Draper Drive between Douglas Boulevard and SE 134^th Street, $302,715.25; and approving contract and bonds.  Ward 4.

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

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

          1. Project WC-0469, Phase III, waterline improvements, Western Avenue from Hefner Road to John Kilpatrick Turnpike.  Wards 2 and 8.

          2. Project WC-0469, Phase IV, waterline improvements, Western Avenue from Fairview Farm Boulevard to NW 197^th Street.  Ward 8.

CONCURRED: C. 1,2.  BID RECEIPT DATE NOVEMBER 9, 2004:  C. 1.  BID RECEIPT DATE NOVEMBER 16, 2004:  C. 2.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

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

          1. Amendment No. 1, Project WC-0402, water main replacement, NW 23^rd Street to Cashion Place, between Lyon Boulevard and Portland Avenue, increase of $26,697.70.  Wards 1 and 2.

  VII. D. 2. Amendment No. 2, Project WC-0483, water main replacement, Oak Hollow Road from Rolling Stone Road to Twisted Oak Road, increase of $12,652.  Ward 8.

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

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

          1. Change Order No. 1, Project ST-0087, Witcher Pump Station improvements, East Hefner Road and North Sooner Road, increase of $10,120.  Ward 7.

          2. Change Order No. 3, Project WT-0050/ST-0093, Hefner Water Treatment Plant Laboratory renovations; and Project WM-0091/SM-0117, 420 West Main Street 4^th Floor Office renovations, increase of $33,030.  Wards 6 and 8.

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

     F. Concurrence with the Oklahoma City Water Utilities Trust in approving Contracts for Engineering Service:

          1. Triad Design Group, Inc., Project SC-0667, Chisholm Creek Sanitary Sewer Relief Line, NW 183^rd Street and Western Avenue to NW 150^th Street and Western Avenue, fee of $182,500.  Ward 8.

          2. Poe & Associates, Inc., Project SC-0681, Sewer Main Replacements, SE 35^th Street to SE 39^th Street, from Byers Avenue to Santa Fe Avenue; and Project SC-0682, Sewer Main Replacements, SE 29^th Street to SE 35^th Street from Byers Avenue to Santa Fe Avenue, fee of $141,000.  Wards 6 and 7.

          3. Carollo Engineers, PC, Project WT-0066, New Backwash Water Tank and Existing Backwash Water Tank Rehabilitation at the Draper Water Treatment Plant, 13700 South Douglas Boulevard, fee of $120,000.  Ward 4.

  VII. F. 4. FHC, Inc. dba Tetra Tech FHC, Project WT-0045, Hefner Water Treatment Plant Existing North and South Clearwell Rehabilitation, 4000 NW 108^th Street, fee of $211,600.  Ward 8.

CONCURRED:  F. 1-4.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

     G. Concurrence with the Oklahoma City Water Utilities Trust in approving agreement with Capstone Consulting Partners, Inc. (C59018), to provide utility billing system expert services. 

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

     H. Concurrence with the Oklahoma City Water Utilities Trust in approving Memoranda of Agreement:

          1. Barrett Pipeline Company, Project SC-0640, Phase II, sanitary sewer relief line expansion, south of I-40 between Sooner Road and Post Road.  Ward 4.

          2. Oklahoma Natural Gas, Project SC-0640, Phase II, sanitary sewer relief line expansion, south of I-40 between Sooner Road and Post Road.  Ward 4.

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

     I. Concurrence with the Oklahoma City Water Utilities Trust in receiving application from ERC Land Development Group, sanitary sewer main extension under Policy “B-1”, Project SB-0014, south of SW 44^th Street (along Camel Creek) east and west of Council Road, $245,880.  Ward 3.

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

  VII. J. Concurrence with the Oklahoma City Water Utilities Trust in approving preliminary engineering report, Project ST-0096, treatment plant improvements, Deer Creek Wastewater Treatment Plant, 20600 North Portland Avenue; Project ST-0097, Chisholm Creek Wastewater Treatment Plant, 22000 North Western Avenue; and Project ST-0098, South Canadian Wastewater Treatment Plant, 15924 South May Avenue; and authorization to prepare plans and specifications.  Wards 5 and 8.

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

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

          1. Moore Public School District, new elementary school construction contracts, Wayland Bonds Elementary School, 14025 South May Avenue, $1,327,529.20.  Ward 5.

          2. Piedmont Public School District, phone and intercom system, Piedmont Middle School, 823 2^nd Street NW, $24,637.40.  Piedmont.

          3. Western Heights Public School District, data warehouse, (seven facilities), $695,848.13.  Wards 3 and 5.

CONCURRED:  K. 1-3.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  MAPS PROJECT OFFICE.

VIII. Items Requiring Separate Votes.

       A. Ordinance on final hearing, 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 then 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.

ADOPTED.  ORD. #22,589.  MOVED BY FOSHEE, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       B. Ordinance on final hearing (emergency), 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.

          Request for deferral to November 2, 2004.

DEFERRED TO NOVEMBER 2, 2004.  MUNICIPAL COURTS.

     C. 1. Public hearing regarding dilapidated structures:

          a. 4506 Diana Avenue (house)  Ward 7

          b. 512 SE 46^th Street (garage)  Ward 4

VIII. C. 2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of October 27, 2004 and November 26, 2004 for commencement and completion of removal by owners.

ADOPTED:  C. 1. a,b.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

     D. 1. Public hearing regarding unsecured structures:

          a. 401 SW Grand Boulevard (house)  Ward 6

          b. 4705 Love Drive (duplex, shed)  Ward 4

          c. 4710 Love Drive (duplex)  Ward 4

          d. 4712 Love Drive (duplex)  Ward 4

          e. 1828 NW 12^th Street (house)  Ward 6

          f. 2733 NW 16^th Street (house)  Ward 6

          g. 5140 NW 16^th Street (house)  Ward 3

          h. 1600 SW 26^th Street (cellar)  Ward 6

          i. 3020 NW 45^th Street (house, shed)  Ward 2

          2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED:  D. 1. a,f-i.  STRICKEN:  D. 1. b-e.  MOVED BY FOSHEE, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

     E. 1. Claim recommended for denial:

          a. Frederick Hunzicker  $1,060

          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).

DENIED AS RECOMMENDED:  E. 1. a.  NO ACTION TAKEN:  E. 2.  MOVED BY FOSHEE, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

   IX. A. 1. Claims for Approval,

          a. James Cook  $329.88

          b. Brian Newman  $85

          c. Michael Smith  $133.50

          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-c.  NO ACTION TAKEN:  A. 2.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

    X. Items from Council.

       A. Ordinance on final hearing, relating to Zoning, amending Chapter 3, Article V, Division 1, Section 3-82 of the Oklahoma City Municipal Code, 2002, changing the definition of the terms “display surface area” and “sign”.

          Councilman Rinehart.

DEFERRED TO NOVEMBER 2, 2004.

       B. Ordinance on final hearing, relating to Zoning, amending Chapter 59, Article VI, Section 59-6300.2.G.(4) of the Oklahoma City Municipal Code, 2002, pertaining to extensions into yard areas and providing for an exception for handicapped access ramps extending into the required front yard of a residential use.

          Councilman Foshee.

ADOPTED.  ORD. #22,590.  MOVED BY FOSHEE, SECONDED BY MCATEE.  AYES:  MAYOR CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.

Mr. McAtee recognized Deputy Police Chief Johnny Kuhlman and asked him to pass kudos on to Officer Jeffrey Rooks and Officer Jess Sutherland for the way they handled a drive by BB gun shooting at his home over the weekend.  He said the two officers responded with excellent service, advice and help in a stressful situation.  Mr. McAtee said the 9-1-1 employee who answered his call for assistance likewise was competent and thorough.

    X.

Mr. Foshee thanked the Parks Department for assisting him yesterday at the South Lakes Park facilities.  Mr. And Mrs. Foshee celebrated their 35^th wedding anniversary yesterday with a surprise party where they renewed their wedding vows.  He said the South Lakes Park facility is a wonderful location to hold such an event.

Mr. Foshee said he attended a groundbreaking ceremony for the new YMCA in South Oklahoma City.  He said it would be the largest YMCA in Oklahoma City and the new facility would include a swimming pool and rock climbing walls.  Mr. Foshee thanked Mayor Cornett for speaking at the groundbreaking.

Mr. Liebmann said he and Mr. McAtee would attend the Emergency Medical Services Authority Trust meeting in Stroud tomorrow. 

Mr. Liebmann said he would attend the Thursday meeting for the Oklahoma City Convention and Visitors Bureau.

Mayor Cornett said he and Cathy O’Connor met with a group from San Antonio last night as part of a regional conference to learn more about Empowerment Zones.  He said Congressman Ernest Istook was honored at the event for his work in Oklahoma City’s receiving an Empowerment Zone designation.  Mayor Cornett said few cities have such a designation and he thanked Congressman Istook for his contribution.

Mr. Liebmann said State Question 707 was confusing and some citizens think it is proposing a tax. He asked Mayor Cornett to explain State Question 707.

Mayor Cornett said State Question 707 expands opportunities for tax increment financing and is an economic development effort.  Mayor Cornett endorses 707 and said it would help municipalities across the state compete with cities around the country.

Ms. O’Connor said 707 works by allowing us to pledge tax increment revenues into future years so bonds can be issued more easily and with less expense then if you weren’t able to make that pledge.  She said it should make it easier for small communities and Oklahoma City to use.  Ms. O’Connor said it isn’t a tax increase; it merely allows us to pledge the revenues into future fiscal years.

   XI. City Manager Reports.

     A. Fiscal Year 2004-05 Fund Transfers Report

     B. October 2004 Sales and Use Tax Collections

Ms. O’Connor said the sales tax collections for this fiscal year are slightly above target and are 2.76% above collections last year at this time.  She said use tax collections are 17% above target.  She cited last year’s changes in the sales tax statute on point of delivery as a possible explanation for the increase in use tax collections.  Ms. O’Connor mentioned that franchise revenue declined over the summer due to the mild summer weather.  She said the franchise revenue would be monitored over the next few months to see if it remains lower than expected.

  XII. Citizens to be Heard.

XIII. Adjournment.  8:54 a.m.

Mick Cornett, Mayor    

ATTEST:

Frances Kersey, City Clerk

Catherine O’Connor,Acting City Manager