THE CITY OF OKLAHOMA CITY
JOURNAL OF COUNCIL PROCEEDINGS
REGULAR CITY COUNCIL MEETING
NOVEMBER 2, 2004
(The agenda was posted on the Council Chamber bulletin board at 4:01 p.m. on October 29, 2004.)
I. Invocation and Pledge of Allegiance.
ANDREW TEVINGTON, ASSOCIATE PASTOR
CHURCH OF THE SERVANT
PLEDGE LED BY COUNCILMAN LIEBMANN
II. Call to Order. 8:38 a.m.
MAYOR CORNETT PRESIDING.
COUNCILMAN BRENT RINEHART ABSENT.
III. From the Office of the Mayor.
A. Resolution of Commendation for the November 2004 South Oklahoma City Kiwanis Club Employee of the Month, Walter William Bird.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
IV. A. Receive Journal of Council Proceedings for October 26, 2004.
RECEIVED. MOVED BY LIEBMANN, SECONDED BY BOWMAN. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
B. Approve Journal of Council Proceedings for October 19, 2004.
APPROVED. MOVED BY LIEBMANN, SECONDED BY BOWMAN. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.
V. Request for Uncontested Continuances.
RECESS COUNCIL MEETING. 8:46 a.m.
CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY. 8:46 a.m.
(Five affirmative votes required for approval.)
1. Ratify and approve Addenda Nos. 1 and 2, award joint contract to Nashert of Oklahoma, LLC, Project MB-0700, Lobby Renovations to Cox Business Services Convention Center Phase II, One Myriad Gardens, $236,000; and approving contract and bonds. Ward 7.
RATIFIED, AWARDED, AND APPROVED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
2. Resolution authorizing and approving a Brownfields Cleanup Revolving Loan Fund Loan Agreement and Promissory Note with the Oklahoma Department of Commerce for the remediation of hazardous materials in the Skirvin Hotel, $780,000; and authorizing all actions necessary to negotiate, finalize, execute and implement the loan agreement.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.
3. Resolution authorizing the open market purchase of outdoor furnishings: park and play equipment, site furnishings, and surfacing no bid items and related items for which a need cannot be specified (OM5-C47076), estimated cost $50,000, retroactive to July 1, 2004 through June 30, 2005.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PROCUREMENT SERVICES DIVISION.
OCPPA. 4. Joint Resolution relating to the Skirvin Hotel Project; waiving the January 12, 1990, Consultant Selection Procedure for Architects, Engineers, and Planners; retaining Partners In Development to plan and oversee the environmental abatement project for the Skirvin Hotel Project and to assist The City and the Oklahoma City Urban Renewal Authority in obtaining the guaranteed maximum price for the construction contract for the renovation of the Skirvin Hotel Property and further authorizing Partners In Development to hire the architectural firm of Kahler Slater Architects, Inc.; approving an “Early Entry and Professional Services Agreement” between The City, the Oklahoma City Public Property Authority, and Partners In Development; and authorizing the City Manager and General Manager to take all actions necessary and appropriate to implement and perform said Agreement.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
5. Enter into executive session to discuss economic development incentives to locate Dell Inc. in Oklahoma City, as authorized by 25 O.S. (2001) §307(B)(10).
ENTERED INTO EXECUTIVE SESSION. MOVED BY LIEBMANN, SECONDED BY MARRS. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
ADJOURN OCPPA. 9:50 a.m.
RECONVENE COUNCIL MEETING.
VI. Consent Docket.
A. Resolutions approving agreements, November 2, 2004 through June 30, 2005:
1. R.K. Black, Inc. (C54071), lease and maintenance of one Ricoh AF1060 digital copier.
2. Standley Systems (C54072), lease and maintenance of one OCE VarioPrint 2090 copier, one OCE 700 color copier, OCE Doc Works Executive, and one OCE VarioPrint 2105CP copier maintenance only.
VI. A. 3. R.K. Black, Inc. (C54074), lease and maintenance of one Ricoh AF1060 digital copier, one Ricoh AF1075 digital copier, and maintenance only of one Ricoh AF551 digital copier.
4. R.K. Black, Inc. (C54075), lease and maintenance of one Ricoh AF1055 digital copier and one Ricoh AF2035 digital copier.
ADOPTED: A. 1-4. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PROCUREMENT SERVICES DIVISION.
B. Ordinances to be introduced and set for final hearing November 23, 2004:
1. (PC-9909) 9100 South Rockwell Avenue and 6700 SW 89th Street from AA Agricultural to R-A Single Family Rural Residential. Ward 3.
2. (PC-9911) 9801 South Choctaw Road from AA Agricultural to R-A Single Family Rural Residential. Ward 4.
3. (PC-9912) 6627 South Peebly Road from AA Agricultural to R-A Single Family Rural Residential. Ward 4.
4. (PC-9914) 15801 North Pennsylvania Avenue from PUD-288 Planned Unit Development to R-1 Single Family Residential. Ward 8.
5. (PUD-997) 14301-14925 South Anderson Road and 11513-11935 SE 149th Street from AA Agricultural to PUD-997 Planned Unit Development. Ward 4.
6. (PUD-1023) 5000-5224 South Hattie Avenue from I-1 Light Industrial to PUD-1023 Planned Unit Development. Ward 4.
7. (PUD-1032) 8501-8617 SW 59th Street from AA Agricultural to PUD-1032 Planned Unit Development. Ward 3.
8. (PUD-1033) 6401-6433 West Memorial Road from PUD-616 Planned Unit Development to PUD-1033 Planned Unit Development. Ward 8.
9. (PUD-1034) 7833 West Hefner Road from C-3 Community Commercial and PUD-841 Planned Unit Development to PUD-1034 Planned Unit Development. Ward 8.
10. (PUD-1036) 200 SW 4th Street from PUD-402 Planned Unit Development to PUD-1036 Planned Unit Development. Ward 6.
11. (SN-041) changing the name of Illuvia De Oro Road to Salvador Road, north of NW 178th Street and west of Pennsylvania Avenue. Ward 8.
VI. B. 12. (SPUD-341) 5501 South Anderson Road from AA Agricultural to SPUD-341 Simplified Planned Unit Development. Ward 4.
INTRODUCED AND SET FOR FINAL HEARING NOVEMBER 23, 2004: B. 1-12. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
C. 1. Ordinance to be introduced and set for final hearing December 7, 2004 (CE-634) vacating NE 1st Street and NE 2nd Street between Stiles Avenue and I-235, Geary Avenue and Byers Avenue from NE 2nd Street south to the railroad right-of-way, and the associated platted alleys. Ward 7.
2. Resolution establishing a date for enactment of said ordinance and determining those entitled to notice.
INTRODUCED AND SET FOR FINAL HEARING DECEMBER 7, 2004: C. 1. ADOPTED: C. 2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
D. Acceptance of two street and utility easements (ED-182), NW 75th Terrace, south of Wilshire Boulevard and west of Council Road. Ward 1.
ACCEPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
VI. E. Resolution approving the establishment of geographic limits and program guidelines for Down Payment Assistance Program; allocating $100,000 of Home Investment Partnership Act funds to the program by reallocating $50,000 from the Non-Profit Housing Pool and $50,000 from an excess allocation to Latino Community Development Agency CHDO in the 2004-2005 Consolidated Plan, amending the Consolidated Plan to provide American Dream down payment initiative funds be spent outside the Neighborhood Revitalization Strategy Area; and approving a Professional Services Agreement with Community Action Agency of Oklahoma City and Oklahoma and Canadian Counties, Inc. to service qualified home buyers, retroactive to July 1, 2004 through June 30, 2005.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
F. Amendment extending Community Development Block Grant Operating Agreement with the Community Action Agency of Oklahoma City and Oklahoma and Canadian Counties, Inc., for Federal Home Loan Bank – Topeka Down Payment Assistance – Program Delivery Funds, retroactive to July 1, 2004 through June 30, 2005 or at the completion of AHP Grant 2001B1029, which ever comes first.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
G. Resolution approving application for an Environmental Protection Agency Brownfields Revolving Loan Fund Grant Application, and authorization to execute the documents.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
VI. H. Cancellation of contract for Landscape Architectural Services, Project DC-0208, conversion of existing detention pond in wet-bottom pond with landscaping and amenities, SW 51st Street and Independence Avenue. Ward 3.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
I. Ratify and approve Addenda Nos. 1 and 2, award joint contract with Oklahoma City Public Property Authority to Nashert of Oklahoma, LLC, Project MB-0700, Lobby Renovations to Cox Business Services Convention Center Phase II, One Myriad Gardens, $236,000; and approving contract and bonds. Ward 7.
RATIFIED, AWARDED AND APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
J. Ratify and approve Addenda Nos. 1, 2, 3, 4 and 5, award contract to M.L. Young Construction, L.L.C., Project MP-0297, Edwards Park Fishing Lake, NE 14th Street and Bryant Avenue, $919,679.10; assigning Terracon, 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, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
K. Change Order No. 2, Contract No. PR-2-02/03, street resurfacing, (four locations), increase of $35,033. Wards 3 and 6.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
L. Amendment No. 2 to contract for engineering services, Project PR 3-01/02, street resurfacing, (25 locations), fee increase of $13,900. Ward 2.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
VI. M. Acceptance of one permanent sanitary sewer easement, one permanent storm sewer easement and one permanent erosion control/drainage improvements easement. Ward 8.
ACCEPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
N. Acceptance of eight temporary easements, Project PC-0241, street improvements, Meridian Avenue to Reno Avenue to the North Canadian River. Ward 3.
ACCEPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
O. Acceptances of privately constructed projects; and placing maintenance bonds into effect as of the final inspection dates:
1. Eight privately constructed sanitary sewer projects. Wards 1, 3, 4, 5 and 8.
2. Three privately constructed paving and drainage projects, five privately constructed drainage projects, and one privately constructed paving project. Wards 1, 5 and 8.
ACCEPTED AND PLACED IN EFFECT: O. 1,2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
P. Receive Consultant Review Committee Report, Project MC-0244, Federal Grant Compliance and Environmental Review Consultant, Maintenance Repair and Overhaul Technology Center project, Tinker Air Force Base, east of Douglas Boulevard and north of SE 59th Street; and authorization to negotiate a contract. Ward 4.
RECEIVED AND AUTHORIZED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
Q. Preliminary Report/Feasibility Study, Project MP-0315, Building Improvements, Myriad Botanical Gardens Crystal Bridge, 100 Myriad Gardens. Ward 6.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
VI. R. Resolution approving Certificate of Public Convenience and Necessity for Exquisite Limousine, Inc., to operate one vehicle in limousine service, November 2, 2004 through June 30, 2005.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
S. Lease Agreement with La Liga American Soccer Club, Inc. and the Oklahoma City Riverfront Redevelopment Authority, management and operation of the River Park soccer fields, River Park, 800 South Agnew Avenue, November 2, 2004 through November 1, 2005. Ward 6.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.
T. Oklahoma City Airport Trust Agreement – Lease Agreement, United States of America, Department of Homeland Security, Customs and Border Protection, to lease certain airport premises to construct a hangar/office facility and associated pavement for storage of Lessee’s aircraft, upon completion of construction or one year, whichever occurs first, for 20 years, Will Rogers World Airport. Ward 3.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. DEPARTMENT OF AIRPORTS.
U. Consent to Ground Sub-Lease Agreement between Trajen Flight Support, L.P. and Dr. Brent Hisey for sublease of Additional Facility No. 7 for aircraft storage under Trajen’s lease as a fixed base operator, November 2, 2004 through January 30, 2022, Wiley Post Airport. Ward 1.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. DEPARTMENT OF AIRPORTS.
VI. V. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $2,437.72 and all costs of the action in the Oklahoma County District Court in the claim filed by James Morris.
2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $2,898.69 and all costs of the action in the Oklahoma County District Court in the claim filed by Southwestern Bell Telephone.
ADOPTED: V. 1,2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.
W. Resolution approving the Business Operations Agreement with the State of Oklahoma, through the Oklahoma Department of Human Services, for the usual and regular one-time and monthly charges associated with the lease of 300 square feet of office space in the Sheridan Walker Parking Facility, $12,300 estimated in revenue, retroactive to July 1, 2004 through June 30, 2005; and designating deposit of proceeds.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.
X. Receive the Oklahoma City Metropolitan Area Public Schools Trust Semi-Annual Report for January 1, 2004 through June 30, 2004.
RECEIVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MAPS PROJECT OFFICE.
Y. Receive the City Auditor’s Annual Report for the fiscal year ended June 30, 2004, and Notification of Potential Independence Impairments for the fiscal year ending June 30, 2005.
RECEIVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. CITY AUDITOR.
VI. Z. Accounting Services Agreement with the Oklahoma City Employee Retirement System to provide accounting services to the Employee Retirement System, $54,675 in revenue, retroactive to July 1, 2003 through June 30, 2004.
APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. EMPLOYEE RETIREMENT SYSTEM.
AA. Resolution approving the Second Renewal of the Community Intervention Center Interlocal Agreement with the State of Oklahoma Office of Juvenile Affairs, operating expenses for a Community Intervention Center program; authorizing the deposit of grant funds; and approving Agreement with Youth Services for Oklahoma County, Inc., operation of Community Intervention Center, partially funded by, and pursuant to, terms of State grant renewal; not to exceed $728,000; retroactive to July 1, 2004 through June 30, 2005.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. POLICE DEPARTMENT.
BB. Resolution setting a public hearing date of November 16, 2004, for a proposed amendment to the Fiscal Year 2004-2005 budget for the General Fund; the Court Administration and Training Fund; the Emergency Management Fund; the Fire-Fighting and Fire-Rescue Services, Facilities or Equipment Tax Fund; the MAPS Operations Fund; the Police Services, Facilities or Equipment Tax Fund; the Street and Alley Fund; the Airports Enterprise Cash Fund; the Solid Waste Management Cash Fund; the Stormwater Drainage Utility Fund; the Water and Wastewater Utility Fund; the Internal Service Fund; the Asset Forfeiture Fund; and the Capital Improvement Projects Fund.
ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.
VII. Concurrence Docket.
A. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution recommending Independent School District No. 89 of Oklahoma County, approve final plans and specifications to be advertised for bids, Project EB-0007, John Marshall High School, NW 122nd Street and Portland Avenue. Ward 8.
CONCURRED. BID RECEIPT DATE: NOVEMBER 30, 2004. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
VIII. Items Requiring Separate Votes.
A. Ordinance on final hearing (emergency) recommended for approval (five affirmative votes required for approval), (PUD-1028) 17900-19224 North May Avenue, 2300-2848 NW 192nd Street, and 2701-2849 NW 178th Street from R-1 Single Family Residential to PUD-1028 Planned Unit Development. Ward 8.
Easement to be accepted.
Planning Commission approval subject to the Summary of Technical Evaluation.
Deferred from October 19, 2004.
ADOPTED WITHOUT EMERGENCY. ORD. #22,595. EASEMENT ACCEPTED. APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
B. 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, October 5, and October 19, 2004.
DEFERRED TO NOVEMBER 16, 2004. PLANNING DEPARTMENT.
VIII. C. Ordinance on final hearing (emergency) recommended for approval, (CE-631) closing South Douglas Boulevard from Stanley Draper Drive to SE 134th Street. Ward 4.
ADOPTED WITHOUT EMERGENCY. ORD. #22,596. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
D. Ordinance on final hearing (emergency) (five affirmative votes required for approval), (PUD-1017) 1101 NW 10th 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 from October 19, 2004.
ADOPTED WITHOUT EMERGENCY. ORD. #22,594. MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND LIEBMANN. ABSENT: FOSHEE. PLANNING DEPARTMENT.
E. Ordinance on final hearing (emergency), (SP-359) Special Permit to operate a residential drug and alcohol treatment center in the R-3 Medium Density Residential District, 1230 NW 1st Street. Ward 6.
Planning Commission approval subject to the Summary of Technical Evaluation.
Deferred from October 5, 2004.
DENIED. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
F. 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.
Deferred from October 26, 2004.
ADOPTED WITH EMERGENCY. ORD. #22,591. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. EMERGENCY. MOVED BY FOSHEE, SECONDED BY MARRS. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COURTS.
VIII. G. Ordinance on final hearing (emergency), 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.
ADOPTED WITH EMERGENCY. ORD. #22,592. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. EMERGENCY. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.
H. 1. Ordinance to be introduced and adopted with emergency, amending Chapter 40, Personnel and Retirement Systems, of the Oklahoma City Municipal Code, 2002; enacting a new Article IV of Chapter 40, to be entitled “City Employee Contracts and Impasse Arbitration Decisions”; setting forth the findings of the City Council; providing a citation of authorities; stating the purpose and intent of said Article IV; providing definitions; requiring City Council approval and full funding of City employee contracts and arbitration decisions before The City shall be contractually obligated or otherwise liable therefor in any way; further requiring City Council approval and full funding of any continuation, modification, or deletion of an existing provision in a City employee contract or arbitration decision before The City shall be contractually obligated or otherwise liable therefor in any way; stating that in the absence of such approval or full funding by the City Council, The City shall not be obligated or liable therefor in any way; providing for the reopening of negotiations if the City Council rejects or refuses to fully fund said contract, decision, continuation, modification, or deletion; stating the intent of the City Council in enacting Section 40-304 of said Article IV:
VIII. H. 1. providing that said Article IV shall have no application what ever to City police officers or firefighters covered by or to actions taken or proceedings conducted pursuant to the Fire and Police Arbitration Act, 11 O.S. (2001) §§51-101 through 51-113, inclusive.
INTRODUCED AND ADOPTED WITH EMERGENCY. ORD. #22,593. MOVED BY MARRS, SECONDED BY LIEBMANN. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. EMERGENCY. MOVED BY MARRS, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.
AND/OR
2. Enter into executive session with the Municipal Counselor to discuss potential litigation relating to the legal validity of the Oklahoma Municipal Employee Collective Bargaining Act, 11 O.S. Supp. 2004, §§51-200, et seq., enacted by the 2004 State Legislature pursuant to Enrolled Senate Bill No. 1529, 2004 Okla. Sess. Laws, Ch. 62, 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, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: SIMANK. PERSONNEL DEPARTMENT.
I. Enter into executive session to discuss the purchase or appraisal of real property, as authorized by 25 O.S. (2001) §307(B)(3).
NO ACTION TAKEN.
J. Memorandum of Understanding with Dell, Inc. setting forth the terms and conditions by which Dell agrees to locate a business service center in Oklahoma City.
APPROVED. MOVED BY LIEBMANN, SECONDED BY MARRS. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: SIMANK. FINANCE DEPARTMENT.
VIII. K. Joint Resolution with the Oklahoma City Public Property Authority relating to the Skirvin Hotel Project; waiving the January 12, 1990, Consultant Selection Procedure for Architects, Engineers, and Planners; retaining Partners In Development to plan and oversee the environmental abatement project for the Skirvin Hotel Project and to assist The City and the Oklahoma City Urban Renewal Authority in obtaining the guaranteed maximum price for the construction contract for the renovation of the Skirvin Hotel Property and further authorizing Partners In Development to hire the architectural firm of Kahler Slater Architects, Inc.; approving an “Early Entry and Professional Services Agreement” between The City, the Oklahoma City Public Property Authority, and Partners In Development; and authorizing the City Manager and General Manager to take all actions necessary and appropriate to implement and perform said Agreement.
ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: SIMANK. FINANCE DEPARTMENT.
L. Resolution authorizing the incurring of indebtedness and approving the issuance of lease obligations by the Oklahoma City Industrial and Cultural Facilities Trust for Oklahoma Christian University, Inc., in an amount not to exceed $4,725,000; approving the purposes for which said lease obligations are to be issued; waiving competitive bidding; and authorizing the sale of such lease obligations by negotiation at less than par value in accordance with and within the limits provided by 60 O.S. (2001) §176.
(Two-thirds affirmative vote required for the incurring of indebtedness.)
(Three-fourths affirmative vote required for waiving competitive bidding.)
ADOPTED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: SIMANK. MUNICIPAL COUNSELOR’S OFFICE.
VIII. M. Resolution appointing a Review Committee and requesting the Review Committee to consider the eligibility of the Oklahoma Riverfront Tax Increment District and the appropriateness of a Plan and Project for augmenting economic development in the area.
ADOTPED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: SIMANK. FINANCE DEPARTMENT.
N. 1. Claims recommended for denial:
a. Misti Sims $911
b. Jennifer Sinclair $77.91
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: N. 1. a,b. NO ACTION TAKEN: N. 2. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: SIMANK. MUNICIPAL COUNSELOR’S OFFICE.
IX. A. 1. Claims for Approval,
a. Giles Alexander $453
b. Peggy Davis $500
c. Frank Vascellaro $33.39
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, MARRS, BOWMAN, MCATEE, FOSHEE, JOHNSON AND LIEBMANN. ABSENT: SIMANK. MUNICIPAL COUNSELOR’S OFFICE.
X. Items from Council.
A. 1. Ordinance on final hearing, relating to Advertising and Signs, amending Chapter 3, Article V, Division 1, Section 3-82 of the Oklahoma City Municipal Code, 2002, by changing the definition of the terms “display surface area” and “sign”.
Councilman Rinehart.
Deferred from October 26, 2004.
OR
2. Amend ordinance and refer ordinance as amended to the Planning Commission for review and recommendation.
DEFERRED TO NOVEMBER 16, 2004.
Mr. Liebmann encouraged everyone to vote today. He said he thought this was a very important election for our State and our Country.
Ms. Johnson said she attended the Federal Emergency Management Agency (FEMA) emergency training in Anniston, Alabama, last week. She said 84 people attended the training and she was impressed with how the City Manager and our Fire Department performed during the exercises. She is so grateful that we have experienced and well-trained personnel in these critical areas.
Ms. Johnson said the Oklahoma Tourism and Recreation Department and the Oklahoma Travel Industry presented awards last week. She said the Daily Oklahoman received an award for the “10 in Town and 10 Around” feature, the Omniplex received an award for the “Grossology” exhibit, and the Museum of Art received an award for the “George Washington – A National Treasure” exhibit. Ms. Johnson said the Redbud Award was presented to the Best Friends of Oklahoma City Animal Welfare Division for the “Best Friends Festival of the Pet for 2004”. Ms. Johnson congratulated the winners and thanked them for making Oklahoma City a better place to live and visit.
Ms. Johnson congratulated Cathy O’Connor for performing so well as acting city manager last week.
Ms. Johnson invited everyone to attend the groundbreaking ceremony at 3:30 today for the Edwards Park Lake project. She said Edwards Park is located at NE 14th Street and Bryant Avenue.
X.
Ms. Johnson wished Ruth Allen a happy birthday. She said Ms. Allen was her seventh and eighth grade teacher. Ms. Johnson thanked Ms. Allen for encouraging her and her classmates to develop an interest in culture and the arts.
Mr. Foshee thanked the Fraternal Order of Police and the International Association of Fire Fighters for the time and money spent on providing the Third Annual Halloween Safe Night on Saturday night. He praised Marty Stupka, President of the Fraternal Order of Police, and Mike Anderson, President of the International Association of Fire Fighters Local 157 for providing such a wonderful activity for the children of the community.
Mr. Foshee said the Halloween Safe Night was held at both the Coca Cola Event Center and the Bricktown Ball Park. He said food, candy, games, carnival rides, and prizes were given to over 4,000 children. He recognized the tremendous amount of work and planning that goes into this wonderful event.
Mr. Foshee expressed an interest in meeting with the Fire Chief to discuss the upcoming “Burn Awareness Week”. He said the Shriners Hospitals celebrate “Burn Awareness Week” from February 6-12, 2005. Mr. Foshee asked that a proclamation be prepared for this upcoming event.
Mr. McAtee said he and his wife attended “Law Enforcement Recognition Sunday” last weekend at Windsor Hills Baptist Church. He said Deputy Chief Ken McDonald represented the Oklahoma City Police Department and representatives from the Sheriff’s Department, Bethany Police and the State Patrol were also recognized. He asked everyone to remember that law enforcement officers put their lives on the line every day for our safety.
Mr. Bowman expressed his increased confidence in our emergency response workers after he attended the FEMA Integrated Emergency Management Course last week. He said he was impressed with how well all the different agencies and segments worked together.
Ms. Simank said at the beginning of the FEMA training the 9-1-1 dispatchers were expressing a little concern about moving into the new Communications Center where they will be working in close proximity with Fire Department dispatchers and EMSA dispatchers. She said by the time the exercises were completed and all the dispatchers had worked together, they were much less concerned about moving in together. She said, in fact, they all seem to be excited about the new working relationships they started to build.
X.
Mr. Bowman said earlier this year the City Council approved a code enforcement pilot program. He asked if an assessment could be done after the initial three months to decide if the program would be worth continuing.
Mr. Couch said the assessment has already been scheduled.
Mr. Marrs said he wasn’t surprised at the professionalism and expertise of the Oklahoma City emergency response teams at the training in Alabama last week because he has seen them in action many times. He said Oklahoma City actually helped write the course and some Oklahoma City firefighters teach the course. Mr. Marrs said having such expertise in our City speaks well for our preparedness.
Mr. Burkett said he was wearing a red “Democrat For A Day” t-shirt as part of a challenge he made to the Municipal Counselor’s Office. He told his staff if 100% of the employees contributed to the annual United Way drive, he would wear this t-shirt to a City Council meeting. He said they raised over $10,000 in his office for United Way.
XI. City Manager Reports.
A. Fixed Guideway Study Presentation
Rick Cain, Acting Transit Director, delivered an overview of the scope of the Fixed Guideway Study.
XII. Citizens to be Heard.
XIII. Adjournment. 9:50 a.m.
Mick Cornett, Mayor
ATTEST:
Frances Kersey,City Clerk
James D. Couch,City Manager