THE CITY OF OKLAHOMA CITY
JOURNAL OF COUNCIL PROCEEDINGS
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2004
(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on December 17, 2004.)
I. Invocation and Pledge of Allegiance.
REVEREND BOB PITTENGER
SOUTH LINDSAY BAPTIST CHURCH
PLEDGE LED BY COUNCILMAN RINEHART
II. Call to Order. 8:35 a.m.
MAYOR MICK CORNETT PRESIDING.
ALL MEMBERS PRESENT.
III. From the Office of the Mayor.
A. Swearing in Ceremony for Steven Dobbs, City Councilman, Ward 8.
Lisa Dobbs swore in Councilman Steven Dobbs.
B. Resolution of Commendation for Councilman Brent Rinehart, Ward 4.
ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS.
C. Appointment of David L. Miller to the Urban Design Commission.
CONFIRMED. MOVED BY JOHNSON, SECONDED BY DOBBS. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS.
D. Appointment of Councilman Sam Bowman to the Trails Advisory Committee.
CONFIRMED. MOVED BY JOHNSON, SECONDED BY DOBBS. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS.
III.
Mayor Cornett recognized Councilman Foshee and asked him to introduce his visitor. Mr. Foshee introduced Ward 5 Youth Councilor Amy Gibson.
Mayor Cornett presented a Letter of Appreciation to Walter and Dean Loveless, owners of Loveless Shoe Store. Congressman Ernest Istook presented Walter and Dean Loveless with a Letter of Recognition from the State of Oklahoma.
Mayor Cornett recognized Ron Norick, Chairman of the Riverfront Redevelopment Authority. Mr. Norick presented awards to the winners of the Oklahoma River Holiday Boat Parade held on Saturday, December 11, 2004.
E. 1. Enter into executive session to discuss the performance, salary, and benefits of the City Manager as authorized by 25 O.S. (2001) §307(B)(1).
ENTERED INTO EXECUTIVE SESSION. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS.
AND/OR
2. Resolution establishing a new annual salary for City Manager, James D. Couch; providing an allowance for expenses; continuing employment benefits; and setting an effective date.
(Two-thirds affirmative vote required to establish salary.)
ADOPTED. (ESTABLISHING SALARY OF $175,000 AND ALLOWANCE OF $7,000, EFFECTIVE JANUARY 1, 2005.) MOVED BY FOSHEE, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS.
F. 1. Enter into executive session to discuss the performance, salary, and benefits of the City Auditor as authorized by 25 O.S. (2001) §307(B)(1).
ENTERED INTO EXECUTIVE SESSION. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS.
AND/OR
III. F. 2. Resolution establishing a new annual salary for City Auditor, Susan J. McNitt; providing an allowance for expenses; continuing employment benefit agreements; and setting an effective date.
(Two-thirds affirmative vote required to establish salary.)
ADOPTED. (ESTABLISHING SALARY OF $115,000 AND ALLOWANCE OF $3,000, EFFECTIVE JANUARY 1, 2005.) MOVED BY FOSHEE, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS.
G. 1. Enter into executive session to discuss the performance, salary, and benefits of the Municipal Counselor as authorized by 25 O.S. (2001) §307(B)(1).
ENTERED INTO EXECUTIVE SESSION. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS.
AND/OR
2. Resolution establishing a new annual salary for William R. Burkett, Municipal Counselor; providing an allowance for expenses; continuing employment benefits; and setting an effective date.
(Two-thirds affirmative vote required to establish salary.)
ADOPTED. (ESTABLISHING SALARY OF $132,000 AND ALLOWANCE OF $3,000, EFFECTIVE JANUARY 1, 2005.) MOVED BY FOSHEE, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS.
IV. A. Receive Journal of Council Proceedings for December 14, 2004.
RECEIVED. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS.
IV. B. Approve Journal of Council Proceedings for December 7, 2004.
APPROVED. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS.
V. Request for Uncontested Continuances.
RECESS COUNCIL MEETING. 9:10 a.m.
CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY. 9:10 a.m.
(Majority of a Quorum required for approval)
1. 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. 2003-09523L, styled: David M. Risenhoover, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.
ADOPTED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. FINANCE DEPARTMENT.
2. 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: Brenda Black, 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 JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. FINANCE DEPARTMENT.
ADJOURN OCMFA. 9:10 a.m.
CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY. 9:10 a.m.
(Five affirmative votes required for approval.)
1. Specifications to be advertised for bids, Project MB-0723, Skirvin Hotel Asbestos Abatement, One Park Avenue. Ward 7.
APPROVED AND AUTHORIZED. BID RECEIPT DATE: JANUARY 11, 2005. MOVED BY JOHNSON, SECONDED BY DOBBS. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS DEPARTMENT.
2. Resolution approving the modification of use permits to update insurance and liability requirements and remove certain obsolete language for T.H.E. Box Office, Civic Center Music Hall and Rose State Performing Arts Theatre. Ward 6 and Midwest City.
ADOPTED. MOVED BY JOHNSON, SECONDED BY DOBBS. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PARKS AND RECREATION DEPARTMENT.
3. Resolution approving the issuance of a Bond Anticipation Note, 2004 relating to the funding of improvements for an area bounded by I-44, Portland Avenue, SW 15th Street and the Oklahoma River; waiving competitive bidding on the said obligations and authorizing the sale thereof by negotiation to JPMorgan Chase Bank, NA; approving and authorizing financing documents and certificates pertaining to the issuance of said note and authorizing the Chairman and Vice-Chairman to finalize, execute and deliver such documents for and on behalf of the Authority; and containing other provisions relating thereto.
(Two-thirds affirmative vote required to incur indebtedness and three-fourths affirmative vote required to waive competitive bidding.)
ADOPTED. MOVED BY JOHNSON, SECONDED BY DOBBS. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. FINANCE DEPARTMENT.
ADJOURN OCPPA. 9:10 a.m.
CONVENE AS OKLAHOMA CITY ENVIRONMENTAL ASSISTANCE TRUST. 9:10 a.m.
(Five affirmative votes required for approval.)
1. Enter into executive session with the Municipal Counselor to discuss Mediation Settlement with Northeast Landfill, Inc. as authorized by 25 O.S. (2001) §307(B)(4).
ENTERED INTO EXECUTIVE SESSION. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. WATER AND WASTEWATER UTILITIES DEPARTMENT.
ADJOURN OCEAT. 10:55 a.m.
RECONVENE COUNCIL MEETING.
VI. Consent Docket.
A. Resolution authorizing the purchase of dump beds (S5-SW50106) from State Contract, retroactive to December 1, 2004 through June 30, 2005.
ADOPTED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PROCUREMENT SERVICES DIVISION.
B. Ordinance to be introduced and set for final hearing January 18, 2005 (SPUD-344) 2029 and 2033 NW 30th Street from R-1 Single Family Residential, C-3 Community Commercial, and SPUD-205 Simplified Planned Unit Development to SPUD-344 Simplified Planned Unit Development. Ward 2.
INTRODUCED AND SET FOR FINAL HEARING JANUARY 18, 2005. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
VI. C. Resolutions expressing support for the applications to the Oklahoma Housing Finance Agency for Affordable Housing Tax Credits, provided such expression of support is conditioned upon the applications for Affordable Housing Tax Credits to be filed with the Oklahoma Housing Finance Agency meeting all applicable “Threshold Requirements” in Oklahoma Housing Finance Agency rules, and upon the applications meeting all other applicable legal requirements:
1. Randy Long, Affordable Housing Tax Credits for the construction of a 45-unit affordable housing project, 2000 block of NE Grand Boulevard. Ward 7.
2. Commonwealth Development, L.L.C., Affordable Housing Tax Credits for the construction of a 102-unit affordable housing project, 3600 SW 20th Street. Ward 6.
ADOPTED: C. 1,2. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
D. Resolution expressing support for the application of Randy Long to the Oklahoma Housing Finance Agency for Affordable Housing Tax Credits for the construction of a 70-unit mixed residential affordable housing project, 3400 block of South Bryant Avenue, provided such expression of support is conditioned upon City Council approval for rezoning of the subject property, the application for Affordable Housing Tax Credits to be filed by Randy Long with the Oklahoma Housing Finance Agency meeting all applicable “Threshold Requirements” in Oklahoma Housing Finance Agency rules, and upon the application meeting all other applicable legal requirements. Ward 7.
ADOPTED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
VI. E. Resolution accepting the subdivision bond and dedications contained in the final plat of Westgate Gardens, Section 1, south of Reno Avenue and west of Czech Hall Road. Ward 3.
ADOPTED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
F. Resolution accepting the subdivision bond and dedications contained in the final plat of Winfield II Addition, Section Six, and acceptance of an off-site sanitary sewer easement and an off-site storm sewer easement, south of SE 89th Street and west of Bryant Avenue. Ward 4.
ADOPTED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
G. Final plans and specifications to be advertised for bids, Project MB-0724, 420 West Main Building HVAC Piping Replacement. Ward 6.
APPROVED AND AUTHORIZED. BID RECEIPT DATE: JANUARY 11, 2005. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS DEPARTMENT.
$ H. Contract award to Connelly Paving Company, Project MC-0246, Centennial Land Run Monument Parking, south of I-40 between Bricktown’s South Canal and the Chicago Rock Island and Pacific Railroad, $128,148.90; and approving contract and bonds. Ward 7.
AWARDED AND APPROVED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS DEPARTMENT.
VI. $ I. Ratify and approve Addendum No. 1 and award contract to Wynn Construction Co., Inc., Project MC-0141, Centennial Land Run Monument Site Improvements, south of I-40 on the east and west sides of Bricktown’s South Canal, $698,386.67; and approving contract and bonds. Ward 7.
RATIFIED, AWARDED, AND APPROVED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS DEPARTMENT.
J. Resolution declaring an emergency; approving construction plans; waiving formal competitive bidding procedures; accepting informal bids; ratifying issuance of an emergency work order; awarding contract to Amis Construction Company, Project DC-0218, concrete channel repair, east side of Penn Square Mall and north of Northwest Highway, $20,330; Amendment No. 1, increase of $10,624.86; accepting project; and placing maintenance bond into effect. Ward 2.
(Two-thirds affirmative vote required to declare emergency.)
ADOPTED AS AMENDED. (AMENDMENT: TO PROVIDE FOR AN ALLOCATION OF GOB FUNDS IN THE AMOUNT OF $30,954.86.) MOVED BY MARRS, SECONDED BY BOWMAN. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. ADOPTED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS DEPARTMENT.
K. Amendment No. 1 and Change Order No. 1, Project MP-0298, NW 5th Street beautification, Streetscape Phase I, NW 5th Street from Walker Avenue to Harvey Avenue and Robinson Avenue to Broadway Avenue; and Phase II, East Main Street from E.K. Gaylord Avenue to Stiles Avenue, increase of $11,780. Ward 6.
APPROVED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS DEPARTMENT.
VI. L. Final acceptance, Project MC-0234, Mid-Point Bridge, Santa Fe Railroad Track to California Avenue, southeast to Stiles Avenue. Ward 7.
ACCEPTED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS DEPARTMENT.
M. Acceptance of privately constructed projects; and placing maintenance bonds into effect:
1. Eight privately constructed sanitary sewer projects. Wards 3, 5, 6 and 8.
2. Two privately constructed drainage projects, one privately constructed paving project and six privately constructed paving and drainage projects. Wards 2, 3, 5, 7 and 8.
ACCEPTED AND PLACED IN EFFECT: M. 1,2. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS DEPARTMENT.
N. Resolutions Programming Surface Transportation Program Urbanized Area Projects:
1. Grade, drain and street-widening improvements, NW 178th Street from North Pennsylvania Avenue to North Western Avenue. Ward 8.
2. Signal upgrade safety improvements. Wards 1, 2, 3, 4, 5, 6, 7 and 8.
ADOPTED: N. 1,2. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS DEPARTMENT.
O. Receive the Oklahoma Department of Environmental Quality Construction Permit #WL000055040890, Project WC-0469, Phases I through IV, water transmission main extension, Western Avenue from Hefner Road to NW 200th Street. Wards 2 and 8.
RECEIVED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. WATER AND WASTEWATER UTILITIES DEPARTMENT.
VI. P. Acceptance of The City of Oklahoma City Comprehensive Annual Financial Report for the fiscal year ended June 30, 2004.
ACCEPTED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. FINANCE DEPARTMENT.
Q. Request for Proposals to be advertised, audit services, fiscal year 2004-05.
APPROVED AND AUTHORIZED. RECEIPT DATE: FEBRUARY 22, 2005. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. FINANCE DEPARTMENT.
R. 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. 2003-09523L, styled: David M. Risenhoover, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.
ADOPTED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. FINANCE DEPARTMENT.
S. 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: Brenda Black, 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 JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. FINANCE DEPARTMENT.
VI. T. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $3,000 and all costs of the action in the Oklahoma County District Court in the claim filed by Jeanne Moore.
2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $4,035.52 and all costs of the action in the Oklahoma County District Court in the claim filed by OG&E.
ADOPTED: T. 1,2. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. MUNICIPAL COUNSELOR’S OFFICE.
U. Resolution ratifying, approving and accepting two grant agreements in the amount of $50,000 each with the United States Department of Health and Human Services for the purpose of establishing a Medical Reserve Corps; ratifying the application for said grants; ratifying authorization for the Chief Executive Officer of the Emergency Medical Services Authority to act as the contract representative for The City of Oklahoma City and fiduciary agent for the purpose of establishing a Medical Reserve Corps through December 21, 2004; and transferring all present and future Medical Reserve Corps grant awards from The City of Oklahoma City to the Emergency Medical Services Authority effective immediately.
ADOPTED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. FIRE DEPARTMENT.
V. Resolution authorizing The City of Oklahoma City, for the benefit of the Oklahoma City Police Department, to accept $10,279 in Federal Fiscal Year 2004 grant funding from the National Forensic Sciences Improvement Grant Act; ratifying the application by the Police Department; and authorizing the receipt and deposit of funds.
ADOPTED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. POLICE DEPARTMENT.
VI. W. Receive the Official Election Returns for the Special Election held December 14, 2004 repealing the existing 2.0% and enacting a new 5.5% hotel levy with proceeds dedicated to certain purposes relating to encouraging promoting and fostering the convention and visitor development of the City.
RECEIVED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. CITY CLERK’S OFFICE.
X. Warehouse Lease Agreement with Apex Properties, L.L.C., to lease warehouse space for the housing of the Parks and Recreation Department personnel and equipment, 119 East Reno Avenue, $23,100, retroactive to July 1, 2004 through June 30, 2005. Ward 7.
APPROVED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PARKS AND RECREATION DEPARTMENT.
Y. Resolution approving an application for Tree City USA recertification from the National Arbor Day Foundation for 2004.
ADOPTED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PARKS AND RECREATION DEPARTMENT.
Z. Resolution authorizing the placement of a portrait bust of Mayor Patience Latting on the third floor of City Hall, donated by the Inasmuch Foundation, Inc. Ward 6.
ADOPTED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PARKS AND RECREATION DEPARTMENT.
VII. Concurrence Docket.
A. Concurrence with the Oklahoma City Water Utilities Trust authorizing the creation of a new water pressure zone in Southeast Oklahoma City, and development of the capital improvement program project for the improvements, I-35 between I-240 and SE 104th Street. Ward 4.
CONCURRED. MOVED BY MARRS, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. WATER AND WASTEWATER UTILITIES DEPARTMENT.
VIII. Items Requiring Separate Votes.
A. Ordinance on final hearing (emergency) recommended for approval (five affirmative votes required for approval), (PUD-1021) 6300-6432 NW 164th Street from AA Agricultural to PUD-1021 Planned Unit Development. Ward 8.
Easement requested but not submitted.
Deferred from October 19 and November 16, 2004.
DEFERRED TO JANUARY 4, 2005. PLANNING DEPARTMENT.
B. Ordinance on final hearing (emergency) recommended for approval (CE-635) to close the platted 20-foot east/west alley in Block 9, Classen’s Cream Ridge Addition (except the west 100 feet), north of NW 10th Street and east of Blackwelder Avenue. Ward 6.
ADOPTED WITHOUT EMERGENCY. ORD. #22,627. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
VIII. C. Ordinance on final hearing, relating to General Schedule of Fees, amending Section 60-43-1 of Chapter 60, Title 43, Article 1 of the Oklahoma City Municipal Code, 2002, as amended, clarifying the nature of information that may be released; establishing a per page copy cost; increasing the search fee per quarter hour; clarifying the cost for photographs; establishing a cost for computer generated reports and electronically recorded records; increasing the administrative fee to prepare records to be mailed; and establishing a fee to expunge records.
ADOPTED. ORD. #22,626. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. POLICE DEPARTMENT.
D. 1. Public hearing regarding dilapidated structures:
a. 3336 North Lindsay Avenue (house) Ward 7
b. 1131 NW 5th Street aka 600 North Klein Avenue (house) Ward 6
c. 418 SW 12th Street (house, shed) Ward 6
d. 2501 NW 14th Street (garage) Ward 6
e. 401 SE 17th Street (garage) Ward 7
f. 300 SE 26th Street (house) Ward 7
g. 417 SE 27th Street aka 417-419 SE 27th Street (garage) Ward 7
h. 541 SE 32nd Street (front house, stockade fence) Ward 7
i. 747 SE 33rd Street (garage with attached shed) Ward 7
j. 1744 NE 35th Street (garage, house) Ward 7
2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of December 22, 2004 and January 21, 2005 for commencement and completion of removal by owners.
ADOPTED: D. 1. a-j. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. NEIGHBORHOOD SERVICES DEPARTMENT.
VIII. E. 1. Public hearing regarding long-term boarded dilapidated structure:
a. 205 North Walnut Avenue (commercial building) Ward 7
Deferred from October 19, 2004 and November 23, 2004.
2. Resolution declaring the long-term boarded structure is dilapidated; directing said structures to be torn down, establishing dates of December 22, 2004 and January 21, 2005 for commencement and completion of removal by owners.
ADOPTED: E. 1. a. MOVED BY MARRS, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. NEIGHBORHOOD SERVICES DEPARTMENT.
F. 1. Public hearing regarding unsecured structures:
a. 3808 Putnam Heights Boulevard (house) Ward 2
b. 1501 West Reno Avenue (east commercial building, middle out building) Ward 6
c. 618 South Western Avenue (commercial building) Ward 6
d. 541 SE 32nd Street (rear house, shed) Ward 7
e. 436 NW 23rd Street (shed) Ward 6
Deferred from November 23, 2004.
2. Resolution declaring the structures are unsecured.
ADOPTED AS AMENDED: F. 1. a,c,e. STRICKEN: F. 1. b,d. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. NEIGHBORHOOD SERVICES DEPARTMENT.
G. Revocable permit for holding “Opening Night”, December 31, 2004 through January 1, 2005, sponsored by the Arts Council of Oklahoma City, Inc., Downtown. Wards 6 and 7.
APPROVED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS DEPARTMENT.
VIII. H. 1. Resolution authorizing the calling and holding of a primary and a general election in The City of Oklahoma City for the purpose of electing Councilmembers from Wards One (1), Three (3), Four (4) and Seven (7) of The City of Oklahoma City; setting forth certain facts as required by state law and directing that this Resolution be delivered by the City Clerk to the Secretary of the Oklahoma County Election Board for the purpose of giving such officer official notice of said elections; directing the City Clerk to forthwith submit a current, certified copy of the Oklahoma City Charter to said election board as required by §13-109 of Title 26 of the Oklahoma Statutes; and further directing the City Manager to forthwith order the appropriate city officer or employee to provide the Oklahoma County Election Board with a current city map as required by §13-107 of Title 26 of the Oklahoma Statutes.
2. Proclamation of the Mayor related to calling and holding the 2005 regular primary and general elections in The City of Oklahoma City for the purpose of electing Councilmembers from Wards One (1), Three (3), Four (4) and Seven (7); setting forth certain facts related thereto; and giving public notice thereof.
ADOPTED: H. 1. PROCLAIMED: H. 2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. MUNICIPAL COUNSELOR’S OFFICE.
VIII. I. 1. Resolution calling a special primary election and, if necessary, a special general election for the office of Councilmember from Ward 8 of The City of Oklahoma City, as required by Oklahoma City Charter, Art. II, §4, as amended, to fill the balance of the unexpired term of office of Councilman Guy Liebmann, who resigned from office effective November 16, 2004, at 11:00 a.m., due to his election to the Oklahoma House of Representatives; setting forth the dates for the filing period and designating a date for the special primary election for Ward 8 Councilmember; providing that a candidate who is unopposed or who receives a majority of all the votes cast at said special primary election shall be entitled to be sworn into office upon receiving a certificate of election to such office as provided by law; calling the special general election for Ward 8 Councilmember, if necessary, and further designating a date for said special general election; setting forth the qualifications for the office of Ward 8 Councilmember; setting forth certain procedures for filing a declaration of candidacy for such office; stating that certain state election laws shall govern the conduct of said special election(s); and further directing the City Clerk to publish this resolution on January 5, 12, and 19, 2005, for the purpose of giving public notice of said special election(s) as required by 11 O.S. §16-101.
VIII. I. 2. Resolution notifying the Oklahoma County Election Board of the special election(s) to be held in The City of Oklahoma City in 2005 for the purpose of electing a person to fill the balance of the unexpired term of Councilman Guy Liebmann, Ward 8, who resigned from office effective November 16, 2004, at 11:00 a.m., due to his election to the Oklahoma House of Representatives; setting forth certain facts as required by state law and directing that this Resolution be delivered by the City Clerk to the Secretary of the Oklahoma County Election Board for the purpose of giving official notice of said special election(s); directing the City Clerk to forthwith submit a current, certified copy of the Oklahoma City Charter to said election board as required by 26 O.S. §13-109; and further directing the City Manager to forthwith order the appropriate city officer or employee to provide the Oklahoma County Election Board with a current city map as required by 26 O.S. §13-107 and further to provide any other documents or information requested by the Oklahoma County Election Board.
ADOPTED: I. 1,2. MOVED BY DOBBS, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. MUNICIPAL COUNSELOR’S OFFICE.
J. Resolution authorizing the withdrawal of The City of Oklahoma City from the Board of Local Elected Officials of the Central Oklahoma Workforce Investment Area, effective June 30, 2005.
ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. PERSONNEL DEPARTMENT.
K. 1. Resolution authorizing the Municipal Counselor to confess judgment without admitting liability by filing a Journal Entry of Judgment in the case of Michael Thierry vs. The City of Oklahoma City, et al., Case No. CIV-03-969-C, in the United States District Court for the Western District of Oklahoma.
AND/OR
VIII. K. 2. Enter into executive session with the Municipal Counselor to discuss said case as authorized by 25 O.S. (2001) §307(B)(4).
ADOPTED: K. 1. NO ACTION TAKEN: K. 2. MOVED BY FOSHEE, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. MUNICIPAL COUNSELOR’S OFFICE.
L. Resolution approving the incurrence of indebtedness by the Oklahoma City Public Property Authority by the issuance of its Bond Anticipation Note, 2004 relating to the funding of improvements for an area bounded by I-44, Portland Avenue, SW 15th Street and the Oklahoma River; authorizing the sale of said note by the authority at negotiated sale and at a price less than par; approving an agreement of support; granting preliminary authorization for tax increment financing bonds; and containing other provisions related thereto.
(Two-thirds affirmative vote required to incur indebtedness and three-fourths affirmative vote required to waive competitive bidding.)
ADOPTED. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. FINANCE DEPARTMENT.
M. 1. Resolution authorizing the Municipal Counselor to confess judgment without admitting liability in the case of Farouk H. Shawareb vs. The City of Oklahoma City, United States District Court for the Western District of Oklahoma, Case No. CIV-03-1699-HE, and directing the Municipal Counselor to prepare and file a Journal Entry incorporating said Resolution for the Court’s approval pursuant to 51 O.S. §158.
AND/OR
2. Enter into executive session with the Municipal Counselor to discuss a settlement offer in said case as authorized by 25 O.S. (2001) §307(B)(4).
ADOPTED: M. 1. NO ACTION TAKEN: M. 2. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. MUNICIPAL COUNSELOR’S OFFICE.
VIII. N. 1. Claim recommended for denial:
a. Shelter Insurance Companies $762
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: N. 1. a. NO ACTION TAKEN: N. 2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. MUNICIPAL COUNSELOR’S OFFICE.
IX. A. 1. Claims for Approval,
a. David Jonasson $500
b. Harvey North $247.50
c. Deanna Pendleton $280.88
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 SIMANK, SECONDED BY JOHNSON. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS. MUNICIPAL COUNSELOR’S OFFICE.
X. Items from Council.
A. Ordinance to be introduced and set for final hearing January 4, 2005, relating to Taxation, amending Section 52-151, Division 2, Article IV, Chapter 52 of the Oklahoma City Municipal Code, 2002; amending the occupation tax relating to alcoholic beverages levied on the businesses of distiller and rectifier.
Councilman Foshee.
INTRODUCED AND SET FOR FINAL HEARING JANUARY 4, 2005. MOVED BY FOSHEE, SECONDED BY RINEHART. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND DOBBS.
X.
Mr. Marrs thanked the Oklahoma City Fire Department for their generosity in raising donations through the Fellowship of Christian Firefighters’ program called “Coats for Kids”. He said they raised $3,200 and used it to provide new coats and shoes for 57 kids from Shidler Elementary School and Mark Twain Elementary School. Mr. Marrs also thanked the JCPenney store at Crossroads Mall for allowing these children to have a 50% discount when they purchased the coats and shoes.
Mr. Marrs said a group of firefighters have a motorcycle club called “Wind and Fire”. He said the group took clothes and presents to a family who recently lost everything in a home fire. Mr. Marrs thanked the group for making Christmas a little brighter for this family.
Mr. Marrs said TRIAD is a collaborative effort between the sheriff’s office, local police departments and senior citizens to reduce and prevent crimes against seniors. He said the TRIAD group partnered with Sunbeam Family Services to create a “Grandparents Raising Grandchildren” program. Mr. Marrs said the group received enough donations to take toys and presents to 138 children in the metro area. Mr. Marrs said it is heartwarming this time of year to recognize all the good things being done by our Police Department and Fire Department.
Mr. Bowman said he thought the Lake Hefner Park and Recreation Development Report was a great tool for starting discussions about future development potential for Lake Hefner. He cautioned the Council to carefully consider any future development on the south side of Lake Hefner.
Mr. McAtee thanked the Fraternal Order of Police for inviting him to their annual Christmas dinner last Thursday evening. He said it is a privilege to take his grandchildren so the next generation can observe first-hand how the police protect and serve our community.
Mr. McAtee said Mason Summer, a Wachovia Securities employee, was here earlier for the presentation of the boat parade awards. He said Mason, a member of Mr. McAtee’s Rotary Club, has volunteered to help this Thursday night at the Children’s Center in Bethany. He encouraged everyone to come out and see him and Mason in costume this weekend as they raise money for the severely ill patients at the Children’s Center.
X.
Mr. Rinehart thanked the City employees for doing a tremendous job for The City. He said he was grateful for the opportunity and honor of serving as City Councilman. Mr. Rinehart also thanked the Press for attending City Council meetings in an effort to ensure that the City Council provides good government.
Mr. Foshee recognized Amy Gibson, Ward 5 Youth Councilor. Ms. Gibson said the West Moore High School Student Council started a program called “Winter Wishes”. Ms. Gibson said each first hour class adopts a family who has an elementary and/or junior high school student from a feeder school for West Moore High. She said this year they provided Christmas dinner and presents for 100 families.
Mr. Foshee said he is proud of the outstanding young people in Oklahoma City. He said it is a shame that we usually only hear the bad things that young people do.
Mr. Foshee wished everyone a Merry Christmas. He thanked the City employees for all they do, the City Manager for doing an outstanding job this year and the Mayor for providing excellent leadership. He also thanked the Council for all the things they do throughout the year.
Ms. Simank said last week she had a Christmas lunch with Sara Gnau and Rachel Pollack, Ward 6 Youth Councilors. She was surprised to find out that most people are unaware of the Youth Council Program. Ms. Simank encouraged the local media to consider spotlighting the good things that local youth are accomplishing.
Ms. Simank said there was a pit bull running loose in Girven Park near the Reed Park Neighborhood this week. She thanked Jean Morton, the Oklahoma City Police Department, and the Animal Welfare Department for a fine job of handling the situation.
Ms. Simank recognized two employees from the Oklahoma City Emergency Management Office - Sergeant Ronnie Warren, Director, and Sergeant Justin Adams. She said the Heronville Neighborhood reported to her that Sergeant Warren and Sergeant Adams have done an outstanding job of sharing information and providing support to their neighborhood this past year.
Ms. Simank wished everyone a Merry Christmas.
X.
Ms. Johnson congratulated Ward 5 Youth Councilor Amy Gibson and West Moore High School for the efforts they made toward making our community a better place to live. She said she recently attended the Oklahoma City Chamber Banquet with Ward 7 Youth Councilor Camal Pennington and many people were impressed with the high quality of the youth participating in the Youth Councilor program. Ms. Johnson encouraged any interested young people to apply to this program through their school counselors.
Ms. Johnson thanked the Oklahoma City Police Department for inviting her to their annual Christmas dinner last week. She said it was a very special evening.
Ms. Johnson congratulated the most recent graduating class from the Fire Department Academy. She said one of the graduates was undergoing cancer treatments while in the program but nobody knew about it. She was amazed that he was able to keep up with the rugged demands of the program as he was taking his treatment. Ms. Johnson said he received the overall award for Best Recruit at the graduation ceremony.
Ms. Johnson requested a permit variance on behalf of Mount Zion Baptist Church to replace a church sign, which was recently destroyed by an unknown motorist.
Ms. Johnson welcomed Councilman Steven Dobbs to the Council. She said she appreciated the graciousness of his wife for playing in the recent First Tee Golf Tournament.
Mr. Dobbs said his earliest memories of Christmas at an orphanage in Ohio were of uniformed police and firemen delivering gifts to the orphanage on Christmas morning. He said he agreed with Councilman Marrs about the important work done by these public servants.
Mr. Dobbs thanked the City Manager’s staff for their professionalism and graciousness in helping him to come aboard the Council. He specifically thanked Bill Burkett, Frances Kersey, and Debi Martin for their assistance. Mr. Dobbs wanted the citizens of Oklahoma City to know how much is involved in breaking in a new council member.
XI. City Manager Reports.
A. On-Site Public Opinion Survey for Lake Hefner Park and Recreation Development
B. Financial Summary for the period ending September 30, 2004
XII. Citizens to be Heard.
XIII. Adjournment. 10:55 a.m.
Mick Cornett, Mayor
ATTEST:
Frances Kersey,City Clerk
James D. Couch,City Manager