THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

NOVEMBER 16, 2004

(The agenda was posted on the Council Chamber bulletin board at 4:01 p.m. on November 12, 2004.)

    I. Invocation and Pledge of Allegiance.

DR. RICHARD BOND

PENN AVENUE NAZARENE CHURCH

PLEDGE LED BY COUNCILMAN LIEBMANN

   II. Call to Order.  8:35 a.m.

MAYOR MICK CORNETT PRESIDING.

ALL MEMBERS PRESENT.

  III. From the Office of the Mayor.

     A. Resolution of Commendation for Guy Liebmann, Councilman Ward 8.

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

     B. Resolution approving travel expenses for Mayor Mick Cornett to attend the 73^rd Winter Meeting of the United States Conference of Mayors, Washington, D.C., January 17-19, 2005.

          (Two-thirds affirmative vote required for approval.)

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

     C. Appointment of Gary Marrs to the Emergency Medical Services Authority Board of Trustees.

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

PROCLAIMED: November 14-20, 2004 as “Oklahoma Heritage Week”.  Received by Louise Painter, Oklahoma Heritage Week Committee Chairman and Shannon Nance, President of the Oklahoma Heritage Association.

Mayor Cornett recognized Cub Scout Webeloes with Pack 68 who are celebrating “Cub Scout Week”.  The Cub Scout Webeloes are 4^th and 5^th graders from Rosary Catholic School.  Den Leader Jeanna Daniel introduced Pack 68 Webeloes: Kaden Goodwin, Michael Emerson, Nick Pallotti and Taylor Daniel.

Mayor Cornett recognized Nicole Wolf and Shelley Dexter from Oklahoma City University who performed some songs from the “Hansel and Gretel” opera playing this week.

Mayor Cornett said a press conference kicking off the “Wonderful Life” campaign would directly follow the City Council meeting.

   IV. A. Receive Journal of Council Proceedings for November 2, 2004.

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

     B. Approve Journal of Council Proceedings for October 26, 2004.

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

    V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING.  9:08 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY.  9:08 a.m.

(Majority of a Quorum required for approval)

          1. Resolution authorizing staff to negotiate a contract with Accela, Inc. for a Planning, Permitting and Licensing Information System for The City of Oklahoma City.

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

     2. Joint Resolution approving the modification of the Administrative Services Agreement with Harrington Benefit Services, Inc., for administration of The City of Oklahoma City’s self-funded group healthcare plan subject to annual fiscal appropriation by the Council for The City of Oklahoma City, January 1, 2005 through December 31, 2005.

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

     3. 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. 2001-11742F, styled: Arthur J. Woody, Jr., Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and further authorizing the Municipal Counselor to assist said counsel in the rendition of said Petition to Judgment as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution.

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

          4. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2001-14279H, styled: Paula Cox, Claimant vs. The City of Oklahoma City, Respondent.

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

  OCMFA. 5. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the award in the Workers’ Compensation Court Claim No. 2003-05171H, styled: Tommy Joe Thompson, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and authorizing the Municipal Counselor to assist said counsel in the rendition of said Order to Judgment as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution.

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

ADJOURN OCMFA.  9:08 a.m.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY.  9:08 a.m.

(Five affirmative votes required for approval.)

     1. Contract renewal with C-P Integrated Services, Inc., Project MC-0140, North Canadian River Sedimentation Basin Maintenance Services, North Canadian River between Meridian Avenue and MacArthur Boulevard, November 16, 2004 through November 15, 2007; and approving contract and bonds.  Ward 3.

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

     2. Lease Agreement with The City of Oklahoma City, lease of vacant property for parking, west of the elevated portion of the railway, south of I-40, north of SW 4^th Street and east of E.K. Gaylord Boulevard, November 16, 2004 through November 15, 2024.  Ward 7.

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

OCPPA. 3. Sublease Agreement with Bricktown Real Estate, LLC for parking, south of Reno Avenue, north of SW 4^th Street and east of E.K. Gaylord Boulevard, December 1, 2004 through November 30, 2009.  Ward 7.

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

     4. Utility Relocation Agreement with Oklahoma Natural Gas Company, Project MC-0247, dynamic compaction and site preparation of the Oklahoma River site, relocation of an existing high pressure gas pipeline, SW 15^th Street and Portland Avenue, $321,522.  Ward 6.

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

     5. Resolution declaring an emergency; waiving formal competitive bidding procedures; ratifying the issuance and approving final plans and specifications; authorizing the General Manager to determine lowest and best bidder; awarding contract to the lowest bidder for Project MC-0247, SW 15^th Street and Portland Avenue; assigning Terracon, Inc. as testing laboratory; and approving contract and bonds when received.  Ward 6.

          (Three-fourths affirmative vote required to waive competitive bidding.)

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

ADJOURN OCPPA.  9:08 a.m.

RECONVENE COUNCIL MEETING.

   VI. Consent Docket.

       A. Resolution amending the contract with Municipal Code Corporation for supplementation of The City of Oklahoma City Municipal Ordinances (R5-C30675), increase of $100.

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

       B. 1. Amendment to pricing agreement, Mead Westvaco (C54021), Oklahoma Envelope (C54022), Unisource (C54023), Xerox Corporation (C54024), and Xpedx (C54025), paper and envelopes, November 16, 2004 through June 30, 2005.

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

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

       C. Ordinances to be introduced and set for final hearing December 7, 2004:

          1. (PC-9908) 7300 South Henney Road from AA Agricultural to R-A Single Family Rural Residential.  Ward 4.

          2. (PC-9916) 8017 South Santa Fe Avenue and 136 SW 79^th Street from R-1 Single Family Residential to C-3 Community Commercial.  Ward 5.

          3. (PUD-1020) 5901-6029 SW 15^th Street and 1301-1525 South MacArthur Boulevard from R-1 Single Family Residential and I-2 Moderate Industrial to PUD-1020 Planned Unit Development.  Ward 3.

          4. (PUD-1022) 12000-12200 Crystal Gardens Place and 12001-12201 Crystal Gardens Place from PUD-709 Planned Unit Development and PUD-927 Planned Unit Development to PUD-1022 Planned Unit Development.  Ward 5.

   VI. C. 5. (PUD-1035) 9600-9748 SW 15^th Street and 1600-2224 South Morgan Road from R-1 Single Family Residential, R-2 Medium Low Density Residential, R-4 General Residential, and PUD-3 Planned Unit Development to PUD-1035 Planned Unit Development.  Ward 3.

          6. (PUD-1037) 1020 NW 150^th Street from C-3/CUP-50 Community Commercial/Community Unit Plan to PUD-1037 Planned Unit Development.  Ward 8.

          7. (PUD-1038) property located east of Cemetery Road and south of NW 10^th Street from AA Agricultural to PUD-1038 Planned Unit Development.  Ward 3.

          8. (PUD-1047) 6301-6925 SE 89^th Street and 8101-8925 South Air Depot Boulevard from R-1 Single Family Residential to PUD-1047 Planned Unit Development.  Ward 4.

          9. (SPUD-342) 8401 NW Expressway from PUD-323 Planned Unit Development to SPUD-342 Simplified Planned Unit Development.  Ward 1.

          10. (SPUD-343) 2241 West I-44 Service Road from O-2 General Office and to SPUD-343 Simplified Planned Unit Development.  Ward 2.

INTRODUCED AND SET FOR FINAL HEARING DECEMBER 7, 2004:  C. 1-10.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  LIEBMANN.  PLANNING DEPARTMENT.

       D. 1. Ordinance to be introduced and set for final hearing December 21, 2004, (CE-635) to close the platted 20-foot east/west alley in Block 9, Classen’s Crème Ridge Addition (except the west 100 feet), north of NW 10^th Street and east of Blackwelder Avenue.  Ward 6.

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

INTRODUCED AND SET FOR FINAL HEARING DECEMBER 21, 2004:  D. 1.  ADOPTED:  D. 2.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  LIEBMANN.  PLANNING DEPARTMENT.

   VI. E. Home Investment Partnership Program Operating Agree-ment with Community Enhancement Corporation and allocation of $750,000 in Continuum of Care grant funds to provide three two-bedroom houses, three three-bedroom houses and eight one-bedroom duplexes at multiple locations for the homeless, retroactive to October 12, 2004 through June 30, 2006. 

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

       F. Amendment to Forgivable Loan Agreement with Catholic Charities of the Archdiocese of Oklahoma City, Inc., to complete construction of a transitional living apartment project, 613 NW 30^th Street, increase of $60,000.  Ward 2.

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

       G. Surveyor’s Certificate and Correction of Plat, Sunvalley Ridge Addition, south of SE 44^th Street and east of Sunnylane Road.  Ward 4.

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

       H. Resolution amending the 2004-05 Consolidated Plan to provide $249,174.30 in additional Community Development Block Grant funding for Section 108 Loan Repayment for the Oklahoma League for the Blind, Section 108 Loan to reduce the outstanding principal on the loan.

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

   VI. I. Resolution authorizing the reallocation of $2,979.43 in 2003-04 Emergency Shelter Grant funds to Birth Choice of Oklahoma, Inc. and $2,979.44 to Catholic Charities Archdiocese of Oklahoma City; and authorization to execute the necessary documents.

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

       J. Resolution accepting a $38,000 United States Environmental Protection Agency Award for the Environmental Protection Agency One Cleanup Area-Wide Pilot – Eastside Reinvestment Area; and approving Cooperative Agreement with the United States Environmental Protection Agency for Superfund Redevelopment Program SR-976851-01-0, retroactive to October 1, 2004 through September 30, 2005.  Ward 7.

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

       K. Resolution releasing the subdivision bond for Westbrooke Estates, Section 8, north of SW 29^th Street and west of County Line Road.  Ward 3.

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

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

          1. Kimberly Place II, south of NW 122^nd Street and east of Council Road.  Ward 8.

          2. Penn Pointe Office Park, Block 1, south of NW 164^th Street and west of Pennsylvania Avenue.  Ward 8.

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

   VI. M. Resolution releasing the irrevocable letter of credit for The Gardens of Blue Quail Ridge, Phase III, north of NW 150^th Street and east of May Avenue.  Ward 8.

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

       N. Resolutions accepting the dedications contained in the final plats:

          1. Cedar Creek, south of SW 104^th Street and west of Council Road.  Ward 3.

          2. Crystal Park Plaza, Section 2, south of West I-240 and east of Walker Avenue.  Ward 5.

          3. Stone Meadows South, Section 5, north of SW 164^th Street and east of Western Avenue.  Ward 5.

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

       O. Resolution accepting the dedications contained in the final plat of Meadowlake Farms, Section 2, south of SW 104^th Street and west of Western Avenue; and acceptance of a water line easement.  Ward 5.

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

       $ P. Final plans and specifications to be advertised for bids:

          1. Project MC-0141, Centennial Land Run Monument site work, south of I-40 on the east and west sides of the southern portion of the Bricktown Canal.  Ward 7.

          2. Project MC-0246, Centennial Land Run Monument parking, south of I-40 between Canal Zone F and the Chicago Rock Island and Pacific Railroad.  Ward 7.

APPROVED AND AUTHORIZED:  P. 1,2.  BID RECEIPT DATE DECEMBER 7, 2004:  P. 1,2.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  LIEBMANN.  PUBLIC WORKS DEPARTMENT.

   VI. Q. Contract for Civil Engineering Consultant Services with Johnson & Associates, Inc., Project MC-0243, general civil engineering consultant services, November 16, 2004 through June 30, 2005.  Wards 1, 2, 3, 4, 5, 6, 7 and 8. 

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

       R. Utility Relocation Agreement with Oklahoma Natural Gas Company, for the MacArthur Boulevard realignment, natural gas pipeline and street relocation, Project FAP Demo-FY01 (001) 18991(04), MacArthur Boulevard from State Highway 152 to SW 74^th Street, $62,384.  Ward 3.

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

       S. Agreement with the Board of County Commissioners of Oklahoma County, Project PJ-OK-90, street improvements, Pennsylvania Avenue from NW 192^nd Street to ½ mile north of City limits, not to exceed $65,000.  Ward 8.

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

       T. Change Order No. 1, Contract No. PR-12-01/02, street resurfacing, (13 locations), increase of $33,000.  Wards 3, 5 and 6.

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

       U. Change Order No. 2, Project PC-0205, street widening and/or reconstruction, SW 29^th Street between Meridian Avenue and Portland Avenue, increase of $29,902.50.  Wards 3 and 6.

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

   VI. V. Amendment No. 2, Project MP-0305, South Lakes Park Phase II, SW 119^th Street and South Meridian Avenue; accepting the project and placing maintenance bond into effect.  Ward 3.

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

       W. Final Acceptance, Project MP-0265, improvements to swimming pools, Will Rogers Park, 3201 North Grand Boulevard; Lippert Park, 5501 South Shartel Avenue; and Seller Park, 8303 South Villa Avenue; and placing maintenance bond into effect.  Wards 1, 4 and 5.

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

       X. Acceptance of permanent easement, Project PC-0191, street reconstruction of Shartel Avenue, SW 89^th Street to SW 81^st Street.  Ward 5.

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

       Y. Acceptance of permanent and temporary easements, Project SB-0009, Policy B, sanitary sewer extension, SW 29^th Street and Sara Road.  Ward 3.

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

       Z. Revocable Permit with HCA Health Services of Oklahoma, Inc., to construct and maintain an overhead pedestrian walkway, North Phillips Avenue, north of Stanton L. Young Boulevard, connecting the OU Medical Center Presbyterian Tower to the OU Medical Center Everett Tower.  Ward 7.

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

   VI. AA. Amendment No. 1, Project PC-0235 and Project WC-0463, street improvements and water and wastewater facilities reconstruction, NW 10^th Street from Morgan Road to Sara Road, increase of $19,308.  Wards 1 and 3.

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

       BB. Joint Resolution with the Oklahoma City Water Utilities Trust declaring a house and associated out buildings in West Elm Creek Reservation surplus, south of SE 134^th Street on South Douglas Boulevard; and authorizing structure demolition and debris removal.  Ward 4.

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

       CC. Grant of easement to Oklahoma Gas and Electric Company, water treatment plant expansion by the City of Bethany, Overholser to the Hefner Canal near NW 50^th Street and Council Road.  Ward 1.

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

       DD. Amendment to Memorandum of Understanding with the Oklahoma City Metropolitan Area Public Schools Trust and Independent School District No. 52 of Oklahoma County, (Midwest City/Del City School District), establishing 10% as bonded indebtedness limitation percentage for Oklahoma City Metropolitan Area Public Schools sales tax funds.

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

   VI. EE. School Crossing Guard Agreement with the Putnam City School District I-1, $10,890, retroactive to July 1, 2004 through June 30, 2005.

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

       FF. 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. 2001-11742F, styled: Arthur J. Woody, Jr., Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and further authorizing the Municipal Counselor to assist said counsel in the rendition of said Petition to Judgment as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution.

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

       GG. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2001-14279H, styled: Paula Cox, Claimant vs. The City of Oklahoma City, Respondent.

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

   VI. HH. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the award in the Workers’ Compensation Court Claim No. 2003-05171H, styled: Tommy Joe Thompson, Claimant, vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and authorizing the Municipal Counselor to assist said counsel in the rendition of said Order to Judgment as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution.

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

       II. Joint Resolution with the Oklahoma City Municipal Facilities Authority approving the modification of the Administrative Services Agreement with Harrington Benefit Services, Inc., for administration of The City of Oklahoma City’s self-funded group healthcare plan subject to annual fiscal appropriation by the Council, for The City of Oklahoma City, January 1, 2005 through December 31, 2005.

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

       JJ. Resolution approving the Weed and Seed Supplemental Funding grant award documents and forwarding them to the United States Department of Justice for the continuation of the Weed and Seed Program, located in and around the Oak Grove and Will Rogers Courts Federal Housing Development sites, not to exceed $50,000 through September 30, 2005; and authorizing deposit of funds.  Wards 3 and 6.

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

   VI. KK. Lease Agreement with the Oklahoma City Public Property Authority, lease of vacant property for parking, west of the elevated portion of railway, south of I-40, north of SW 4^th Street and east of E.K. Gaylord Boulevard, November 16, 2004 through November 15, 2024.  Ward 7.

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

       LL. Sublease Agreement with the Oklahoma City Public Property Authority and Bricktown Real Estate, LLC for parking, south of Reno Avenue, north of SW 4^th Street and east of E.K. Gaylord Boulevard, December 1, 2004 through November 30, 2009.  Ward 7.

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

       MM. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $3,175 and all costs of the action in the Oklahoma County District Court in the claim filed by Joaquin Ramirez Campos.

          2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,960 and all costs of the action in the Oklahoma County District Court in the claim filed by Fernando Ramirez.

          3. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,937.04 and all costs of the action in the Oklahoma County District Court in the claim filed by Southwestern Bell Telephone.

   VI. MM. 4. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $6,748.72 and all costs of the action in the Oklahoma County District Court in the claim filed by Southwestern Bell Telephone.

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

       NN. Resolutions approving Supplement No. 2 to the Oklahoma City Municipal Code, 2002, and authorizing distribution; further directing the City Clerk to provide notice of publication of said supplement; and to provide copies of such notice and supplement to designated governmental agencies.

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

  VII. Concurrence Docket.

     A. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1, 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 MARRS, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  LIEBMANN.  WATER AND WASTEWATER UTILTIES DEPARTMENT.

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

          1. Project WC-0425, water main replacement, SW 59^th Street to Madole Avenue, Independence Avenue to Drexel Avenue, increase of $2,090.  Ward 5.

  VII. B. 2. Project WT-0046, Phase I, Lake Hefner Water Treatment Plant improvements: recovery pump station, 4000 NW 108^th Street, increase of $17,117.  Ward 8.

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

     C. Concurrence with the Oklahoma City Water Utilities Trust in approving contract for engineering services with Coon Engineering, Inc., Project WC-0436, water main replacement, Wellington Avenue (Pennsylvania Place, Britton Road, Hasley Drive), and Project WC-0437, water main replacement, Wellington Avenue (Pennsylvania Avenue, Hasley Drive and Andover Court), fee of $82,500.  The Village.

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

     D. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contract to Southwest Water Works, LLC, Project WC-0515, water main replacement, Tulsa Avenue to Roff Avenue from NW 20^th Street to NW 22^nd Street; Warren Avenue to Geraldine Avenue from NW 22^nd Street to NW 23^rd Street; and Hamilton Drive from NW 48^th Street to NW 50^th Street, $308,335; approving contract and bonds; and authorizing execution upon receipt of signed originals from the contractor.  Wards 1, 2 and 3.

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

  VII. E. Concurrence with the Oklahoma City Water Utilities Trust in approving participation in Project WR-0040, extension of an oversized water main for a private development under Policy A, Route 66 Park, NW 23^rd Street between Sara Road and Overholser Drive; and authorizing the transfer of funds to pay the cost for the oversizing of the water main.  Ward 1.

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

     F. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolutions ratifying and approving Addenda Nos. 1, and awarding contract to:

          1. Roberts Bus Center, Project ES-0025, 62 Type “C” school buses for Independent School District No. 89 of Oklahoma County, $3,718,491; and approving contract and bonds. 

          2. Midwest Bus Sales, Project ES-0026, 18 Type “A” mini school buses for Independent School District No. 89 of Oklahoma County, $666,540; and approving contract and bonds.

CONCURRED:  F. 1,2.  MOVED BY MARRS, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  LIEBMANN.  MAPS PROJECT OFFICE.

     G. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution approving Change Order No. 2, Project ES-0002, Wheeler Elementary School, Phase I, renovation and additions, 501 SE 25^th Street, increase of $36,509.  Ward 7.

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

  VII. H. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution recommending the Oklahoma City Public Schools Board of Education approve real estate purchase agreement, 1609 SW 51^st Street, and authorize payment to Oklahoma City Title and Abstract Company for sale and closing costs, Project EB-0005, new Grant High School, 5016 South Pennsylvania Avenue, $50,246.  Ward 4.

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

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

          1. Choctaw-Nicoma Park Public School District, one 47-passenger school bus, (nine facilities), $68,800.  Choctaw and Nicoma Park.

          2. Little Axe Public School District, gymnasium floor resurfacing, Little Axe Elementary School, 2013 168^th Avenue NE, $50,321.  Norman.

          3. Oakdale School District, roof on new Pre-K-2 elementary school, Oakdale School, 10901 North Sooner Road, $205,519.  Ward 7.

CONCURRED:  I. 1-3.  MOVED BY MARRS, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  LIEBMANN.  MAPS PROJECT OFFICE.

     J. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution recommending Independent School District No. 89 of Oklahoma County, partially accept the project and release retainage, Project EB-0002, Star Spencer High School improvements, 3001 North Spencer Road.  Spencer.

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

  VII. K. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution approving the Schematic Design, Project ES-0014, Horace Mann Elementary School, 1105 NW 45^th Street.  Ward 2.

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

     L. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in receiving Consultant Review Committee Reports, and authorizing negotiation of architectural services contracts with:

          1. Boynton Williams & Associates, Project ES-0023, Adams Elementary School, 3416 SW 37^th Street.  Ward 3.

          2. Triad Design Group, Project ES-0024, F.D. Moon Academy, 1901 NE 13^th Street.  Ward 7.

CONCURRED:  L. 1,2.  MOVED BY MARRS, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  LIEBMANN.  MAPS PROJECT OFFICE.

VIII. Items Requiring Separate Votes.

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

     1. (ABC-575) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying C-3 Community Commercial, 3655 NW 39^th Street.  Ward 2.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,597.  MOVED BY BOWMAN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT:  FOSHEE AND LIEBMANN.  PLANNING DEPARTMENT.

     2. (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, October 19, and November 2, 2004.

STRICKEN.  PLANNING DEPARTMENT.

VIII. A. 3. (PC-9910) 16400 South Harrah Road from C-1 Neighborhood Commercial to AA Agricultural.  Ward 4.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,599.  MOVED BY RINEHART, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT:  FOSHEE AND LIEBMANN.  PLANNING DEPARTMENT.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,600.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT:  FOSHEE AND LIEBMANN.  PLANNING DEPARTMENT.

     5. (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 from October 19, 2004.

DEFERRED TO DECEMBER 21, 2004.  PLANNING DEPARTMENT.

          6. (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.

     Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,601.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY JOHNSON, SECONDED BY RINEHART.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  ABSENT:  LIEBMANN.  PLANNING DEPARTMENT.

VIII. A. 7. (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.

     Planning Commission approval subject to the Summary of Staff Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,598.  APPROVAL SUBJECT TO THE SUMMARY OF STAFF EVALUATION.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  LIEBMANN.  PLANNING DEPARTMENT.

     B. Ordinance on final hearing (emergency) recommended for denial, (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, October 19, and November 2, 2004.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,602.  MOVED BY MCATEE, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, AND JOHNSON.  ABSENT:  SIMANK AND LIEBMANN.  PLANNING DEPARTMENT.

     C. 1. Public hearing regarding dilapidated structures:

          a. 2507 South Central Avenue (cellar, fence, house)  Ward 7

          b. 1329 South Fairmont Avenue (house)  Ward 7

          c. 3405 South Goff Avenue (house)  Ward 3

          d. 1800 South Lindsay Avenue (house, shed)  Ward 7

          e. 1518 Linwood Boulevard (carport, garage, house)  Ward 6

          f. 1600 North Magnolia Avenue (house)  Ward 7

          g. 3504 South May Avenue (carport, cellar, house)  Ward 6

          h. 9001 Melin Road (mobile home) Ward 4

          i. 9101 Melin Road (mobile home)  Ward 4

          j. 3300 Rock Hollow Road (rubble & debris left from demolition)  Ward 8

          k. 3519 North Virginia Avenue (carport, house)  Ward 2

          l. 10201 East Wilshire Boulevard (house, shed)  Ward 7

          m. 1319 NW 7^th Street aka 1317 NW 7^th Street (rear porch)  Ward 6

VIII. C. 1. n. 7536 NW 10^th Street aka 7522 NW 10^th Street (apartment building)  Ward 3

          o. 1938 NW 13^th Street (garage, house)  Ward 6

          p. 3212 NW 16^th Street (garage)  Ward 6

          q. 2728 NW 20^th Street (garage)  Ward 6

          r. 3501 NE 23^rd Street (commercial building)  Ward 7

          s. 33 SW 26^th Street (house)  Ward 7

          t. 2505 SW 30^th Street (carport, house)  Ward 6

          u. 2461 NW 36^th Terrace (deck, garage, lattice fence)  Ward 2

          v. 2637 NW 40^th Street aka 2633 NW 40^th Street (garage)  Ward 2

          w. 2667 SW 41^st Street (fence, house)  Ward 6

          x. 3253 SW 48^th Street (garage)  Ward 3

          y. 1608 SW 52^nd Street (garage)  Ward 4

          z. 2704 SW 60^th Place (house)  Ward 5

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

          Deferred from October 19, 2004.

          bb. 2534 North MacArthur Boulevard (northwest greenhouse #1, northwest greenhouse #2, northwest greenhouse #3, northwest green-house #4)  Ward 3

          Deferred from October 19, 2004.

          cc. 2534 North MacArthur Boulevard (northeast greenhouse #1, northeast greenhouse #2, northeast greenhouse #3, northeast green-house #4)  Ward 3

          Deferred from October 19, 2004.

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

          Deferred from October 19, 2004.

          ee. 2534 North MacArthur Boulevard (southeast greenhouse #1, southeast greenhouse #2, southeast greenhouse #3, southeast green-house #4)  Ward 3

          Deferred from October 19, 2004.

          ff. 2534 North MacArthur Boulevard (southwest greenhouse #1, southwest greenhouse #2, southwest greenhouse #3, southwest green-house #4)  Ward 3

          Deferred from October 19, 2004.

VIII. C. 2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of November 17, 2004 and December 17, 2004 for commencement and completion of removal by owners.

ADOPTED AS AMENDED:  C. 1. b-i,k,l,n-p,r-z.  STRICKEN:  C. 1. a,j,m,q,aa-ff.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

     D. 1. Public hearing regarding unsecured structures:

          a. 2417 South Central Avenue (house)  Ward 7

          b. 1405 East Euclid Street (house)  Ward 7

          c. 2617 SW Grand Boulevard (garage)  Ward 6

          d. 1714 West Park Place (house)  Ward 6

          e. 1626 NW 7^th Street (garage, house)  Ward 6

          f. 6224 NW 10^th Street aka 6212-6216-6220-6228 NW 10^th Street (center apartment building, east apartment building, north apartment building, west apartment building)  Ward 3

          g. 1630 NW 12^th Street (house)  Ward 6

          h. 1126 NE 17^th Street (house)  Ward 7

          i. 2124 NW 20^th Street (house)  Ward 6

          j. 718 SE 28^th Street (house)  Ward 7

          k. 1506 NW 29^th Street (house)  Ward 2

          l. 1508 SW 30^th Street (garage)  Ward 6

          m. 2612 SW 30^th Street (house)  Ward 6

          n. 1709 NE 34^th Street (house)  Ward 7

          o. 2428 SW 35^th Street (house, shed)  Ward 6

          p. 3820 SW 38^th Street (house)  Ward 3

          q. 1221 NE 42^nd Street (house)  Ward 7

          r. 612 SW 44^th Street (house)  Ward 4

          s. 341 SE 45^th Street (house)  Ward 4

          t. 1504 NW 46^th Street (garage, house)  Ward 2

          u. 2145 SW 46^th Street (house)  Ward 4

          v. 505 SW 48^th Street (house, shed)  Ward 4

          w. 1608 SW 52^nd Street (house) Ward 4

          x. 1336 NW 98^th Street (house, shed)  Ward 2

          y. 1117 NW 99^th Street (house)  Ward 2

          2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED:  D. 1. a,b,d,f-i,k,n-t,v,x,y.  STRICKEN:  D. 1. c,e,j,l,m,u,w.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

VIII. E. 1. Public Hearing.

          2. Resolution adopting an amendment to the Fiscal Year 2003-04 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 Forfeiture Fund; and the Capital Improvement Projects Fund; and directing filing.

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

       F. Revocable Permit with Downtown OKC, Inc. to construct and operate an Ice Skating Rink in Bicentennial Park and to install the Oklahoma Christmas Tree on the Canal Overlook in Bricktown as part of the Downtown in December Festivities, November 22, 2004 through January 20, 2005.  Ward 6.

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

       G. 1. Resolution authorizing the Municipal Counselor’s Office to institute legal proceedings in an Oklahoma Court of Competent Jurisdiction against the State of Oklahoma, Ex Rel. Public Employees Relations Board, and/or any other parties deemed necessary and/or appropriate and to seek declaratory and/or extraordinary relief and further to take whatever other action(s) are deemed necessary or appropriate to determine the rights of the parties regarding Enrolled Senate Bill No. 1529 enacted by the 2004 Oklahoma Legislature, which is codified as 11 O.S. Supp. 2004, §§ 51-200, et seq., and known as the “Oklahoma Municipal Employee Collective Bargaining Act”.

          AND/OR

VIII. G. 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, Chapter 62, as authorized by 25 O.S. (2001) §307(B)(4).

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

       H. Resolution relating to the resignation of Councilman Guy Liebmann, Ward 8, and the application process for the appointment of a qualified person to fill the balance of the unexpired term in Ward 8.

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

     I. 1. Claims recommended for denial:

          a. Warren T. Goforth  $62,913.86

          b. Billy L. Rieck  $16,088.47

          c. Dave Wheeler  $2,760.25

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

   IX. A. 1. Claims for Approval,

          a. Andy Artus  $725

          b. Southwestern Bell Telephone  $682.02

          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,b.  NO ACTION TAKEN:  A. 2.  MOVED BY BOWMAN, SECONDED BY MCATEE.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, AND SIMANK.  ABSENT:  JOHNSON AND LIEBMANN.  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, as amended, by changing the definition of the terms “display surface area” and “sign”.

          OR

          2. Amend ordinance and refer ordinance as amended to the Planning Commission for review and recommend-ation.

          Deferred from October 26 and November 2, 2004.

          Councilman Rinehart.

REFERRED TO PLANNING COMMISSION:  A. 1,2.  MOVED BY RINEHART, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND JOHNSON.  ABSENT:  LIEBMANN.

  Extra Item: Resolution authorizing the donation of surplus flu vaccines from the Oklahoma City Fire Department to the Oklahoma City/County Health Department; and directing The City of Oklahoma City Occupational Health staff to transfer custody of the surplus flu vaccine to the Oklahoma City/County Health Department.

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

Ms. Johnson congratulated the eight Oklahomans to be inducted into the Oklahoma Hall of Fame this Thursday, November 18, 2004.

    X.

Ms. Johnson recognized Tom Covalt, Administrator for the Office of Workforce Development.  Mr. Covalt gave an overview of the Environmental Protection Agency Brownfields Job Training Program and recognized Cherry Dienz, Brownfields Job Training Program Coordinator, and Greta Halstaed, Administrative Assistant.  Cherry Dienz introduced six graduates of the program:  Harland Jones, Jerry Lewis, Ben Samples, Reginald Mitchell, Darryl Harrison, and Jim Solsbery.

Ms. Simank asked all interested parties to attend a planning meeting tonight for the streetscape project for SW 44^th Street.  She said the meeting is to be held at the Integris 4200 Medical Office Building at 6:00 p.m.

Ms. Simank reminded everyone that November 18^th marks the start of the “Great American Smokeout”.  She announced that St. Anthony’s Hospital and Bone & Joint Hospital are changing to a permanent tobacco free environment for all inside and outside areas at their facilities.

Mr. Foshee said there is a pit bull running loose and attacking other dogs in the SW 81^st Street area.  He asked Animal Control to call him for citizen contact information so this situation could be resolved. 

Mr. Foshee encouraged anyone interested in applying for the City Council appointment seat for Ward 8 to do so.  He said the application process begins tomorrow, and applications can be obtained by contacting Frances Kersey, City Clerk, at 297-2391. 

Mr. Foshee said he preferred that someone be appointed who agrees not to run for the seat at the next election.  He feels the appointee could gain an unfair advantage by serving for several months before an election is held.  He said the process seems fairer if an appointee fulfills their civic duty and then steps down after the election.

Mr. McAtee reminded everyone that the Hilldale and the Windsor Oaks Neighborhood Associations are holding meetings tonight.  He asked any neighborhoods in Ward 3 to let him know when meetings are held so he and his wife could attend and hear their concerns.

Mr. McAtee said John Dugan and Bob Meier will present the 23^rd Street Corridor Plan to the Planning Commission this Thursday.  He said Bob has designed this streetscape project for 23^rd Street from I-44 to the Bethany city limits.  Mr. McAtee said they are requesting the Planning Commission’s approval to incorporate this 23^rd Street Corridor Plan into the existing Master Plan.

    X.

Mr. Bowman asked if an item could be added to the City Council Legislative Agenda to address the back flow issue from the citizen’s perspective.

Mayor Cornett said it was not too late to add an item to the Legislative Agenda.

Mr. Bowman asked if City Council members would be willing to volunteer time each week to participate in tutoring programs for Oklahoma City area schools.  He said the school renovations and building improvements are critical for having successful students, but he said it is equally important to invest time in our young people. 

Mr. Marrs commended Staff for donating surplus flu vaccines to the Oklahoma City/County Health Department.

   XI. City Manager Reports.

     A. Public Opinion Survey for Lake Hefner Park and Recreation Development

  XII. Citizens to be Heard.

Sister Veronica Higgins, Principal, Villa Teresa, traffic light installation, 1216 Classen Drive.

Michael Hinton, 333 NW 5^th Street, expressed concern for the school safety zone at the Villa Teresa School.

Greg Lorson, 1923 NW 42^nd Street, asked that changes be made to the traffic lights funding process.

Evelina Morales, 11912 Blue Haven Court, spoke about traumatized children at school crossings.

Beatriz Meyer, 1320 SW 109^th Place, requested the Capitol Hills Lions Club be used for after school activities for school children in that area.

Jack Warner, 2721 NW 22^nd Street, asked for The City to help in funding the opening of the Capitol Hills Lions Club.

  XII.

Jim White, 8909 South Kentucky Avenue, expressed support for opening the Capitol Hills Lions Club as a community center.

Louise Scoles, 601 SE 71^st Street, expressed support for opening the Capitol Hills Lions Club for the area youth.

XIII. Adjournment.  10:47 a.m.

Mick Cornett,Mayor    

ATTEST:

Frances Kersey, City Clerk

James D. Couch, City Manager