THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

JANUARY 4, 2005

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on December 30, 2004.)

    I. Invocation and Pledge of Allegiance.

FATHER LOWELL STIEFERMAN

CHURCH OF THE EPHIPNANY OF THE LORD

PLEDGE LED BY COUNCILMAN DOBBS

   II. Call to Order.  8:33 a.m.

MAYOR MICK CORNETT PRESIDING.

COUNCILMAN JERRY FOSHEE ABSENT.

  III. From the Office of the Mayor.

     A. Resolution of Commendation for the 2004 South Oklahoma City Kiwanis Club Police Officer of the Year, Inspector Michael Burke.

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

     B. Resolution of Commendation for the 2004 South Oklahoma City Kiwanis Club Firefighter of the Year, Lieutenant Corey Britt.

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

     C. Resolution of Commendation for the 2004 South Oklahoma City Kiwanis Club Employee of the Year, Liz Ussery.

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

Received by Jim Brown, Civic Center Manager, while Liz Ussery is recovering from heart surgery.

  III. D. Resolution of Commendation for Fire Chief Alan B. Benson.

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

     E. Appointment of Eugene Seyler, Marilyn Kraemer, Max L. Ary, Gary Marrs, John Pasley, Ed Lynn and Mick Cornett to the Oklahoma City Convention and Visitors Commission.

CONFIRMED.  MOVED BY BOWMAN, SECONDED BY MCATEE.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.

     F. Appointment of Janis S. Powers to the Oklahoma City Planning Commission.

CONFIRMED.  MOVED BY BOWMAN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.

     G. Enter into executive session to discuss the appointment and interview applicants for Councilmember Ward 4, 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, SIMANK, JOHNSON AND DOBBS.

   IV. A. Receive Journal of Council Proceedings for December 21, 2004.

RECEIVED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.

     B. Approve Journal of Council Proceedings for December 14, 2004.

APPROVED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.

    V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING.  8:52 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY. 8:52 a.m.

(Majority of a Quorum required for approval)

       1. Joint resolution authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers’ Compensation Court Claim No. 2004-01951J, styled: Karen R. Mize, 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, SIMANK, JOHNSON AND DOBBS.  FINANCE DEPARTMENT.

       2. a. Joint resolution authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employees, Oklahoma City Police Officers Mark Lowery, David Feskanich, Brian Cook and Lance Marston in the United States District Court for the Western District of Oklahoma, Case No. CIV-04-0872M, styled: Harold Richard Henager vs. Officer M. Downing and four unknown Police Officers.

          AND/OR

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

ADOPTED:  2. a.  NO ACTION TAKEN:  2. b.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  MUNICIPAL COUNSELOR’S OFFICE.

ADJOURN OCMFA.  8:52 a.m.

RECONVENE COUNCIL MEETING. 8:52 a.m.

   VI. Consent Docket.

       A. 1. Pricing agreement award and approval, Advanced Filing Systems, Inc. (C54057), Medley Material Handling (C54058), The Office Planning Group, Inc. (C54059), Storage Concepts, Inc. (C54060), Southwest Business Systems, Inc. (C54061), Storage Equipment & Pallet Co. (C54062), Systematic Solutions Co. (C54063), steel shelving, storage fixtures, and filing systems, January 4, 2005 through June 30, 2005.

          2. Resolution authorizing the open market purchase of no bid items and related items for which a need cannot be specified (OM5-C54064), estimated cost $40,000, retroactive to July 1, 2004 through June 30, 2005.

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

       B. Resolution ratifying and approving the purchase of computers and computer supplies utilizing state contract pricing for the period of December 1, 2004 through December 31, 2004 and authorizing the purchase of computers from State Contract S5-SW00206, retroactive to December 1, 2004 through December 31, 2004.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  INFORMATION TECHNOLOGY.

       C. Ordinances to be introduced and set for final hearing February 1, 2005:

          1. (ABC-577) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying C-4 General Business and I-2 Moderate Industrial, 107 NE 23rd Street.  Ward 7.

          2. (PC-9920) 5100 South Post Road from R-1 Single Family Residential to R-A Single Family Rural Residential.  Ward 4.

          3. (PC-9922) 909 NW 61st Street and 908 NW 62nd Street from R-1 Single Family Residential to O-2 General Office.  Ward 2.

   VI. C. 4. (PUD-1012) 15101-15725 North MacArthur Boulevard and 5901-6333 NW 150th Street from AA Agricultural and R-1 Single Family Residential to PUD-1012 Planned Unit Development.  Ward 8.

          5. (PUD-1030) 12001-13025 South Meridian Avenue and 4500-5224 SW 119th Street from I-2 Moderate Industrial to PUD-1030 Planned Unit Development.  Ward 3.

          6. (PUD-1031) 900-1124 South Czech Hall Road from R-1 Single Family Residential to PUD-1031 Planned Unit Development.  Ward 3.

          7. (PUD-1048) 2501-2835 NE 63rd Street from PUD-278 Planned Unit Development/UCD Northeast Gateway Urban Conservation to PUD-1048 Planned Unit Development.  Ward 7.

          8. (PUD-1049) 12001-13425 West Stanley Draper Drive from AA Agricultural and R-1 Single Family Residential to PUD-1049 Planned Unit Development.  Ward 4.

          9. (PUD-1050) 401 NE 8th Street from R-1 Single Family Residential to PUD-1050 Planned Unit Development.  Ward 7.

          10. (SP-362) Special Permit to operate a Mining and Processing Raw Materials use (sand and gravel excavation) in the AA Agricultural District, 13500 South Mustang Road.  Ward 3.

INTRODUCED AND SET FOR FINAL HEARING FEBRUARY 1, 2005:  C. 1-10.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

       D. 1. Ordinance to be introduced and set for final hearing February 8, 2005, (CE-638) closing a portion of a street right-of-way (River View Drive), east of South Portland Avenue and north of SW 22nd Street.  Ward 6.

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

INTRODUCED AND SET FOR FINAL HEARING FEBRUARY 8, 2005:  D. 1.  ADOPTED:  D. 2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

   VI. E. Resolution releasing the irrevocable letter of credit for Bradford Place Estates, north of SE 89th Street and west of Sunnylane Road.  Ward 4.

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

       F. Resolution approving The City of Oklahoma City sponsorship of an Expanded Area Down Payment and Closing Cost Assistance II Program for qualified low-income home buyers, utilizing $199,500 in Federal Home Loan Bank of Topeka Affordable Housing Program Funds awarded to MidFirst Bank and authorizing the Mayor to execute the AHP2004A1001 grant agreement as Program Sponsor.  Wards 1, 2, 3, 4, 6 and 7.

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

       G. Specifications to be advertised for bids for Street Resurfacing Contract, Contract No. PR-2-04/05, (10 locations).  Wards 6 and 8.

APPROVED AND AUTHORIZED.  BID RECEIPT DATE:  JANUARY 25, 2005.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PUBLIC WORKS DEPARTMENT.

       H. Resolution extending time for award of contract and awarding contract to C-P Integrated Services, Inc., Project PM-0168, Utility Street Repairs, not to exceed $500,000; and approving contract and bonds.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

       I. Ratify and approve Addenda Nos. 1, 2 and 3 and award of contract to J.L. Walker Construction Inc., Project MB-0704, Ford Center Arena Football (Yard Dawgz) Locker Rooms, 100 West Reno Avenue, $528,084; and approving contract and bonds.  Ward 7.

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

   VI. J. Amendment No. 1 and Change Order No. 1, Project PC-0182, Emergency Street Repair, Meridian Avenue, north of NW 122nd Street, increase of $24,097.38.  Ward 8.

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

       K. Final acceptance of Municipal Park, Project MP-0307, Earlywine Park Jogging Trail at SW 119th Street and May Avenue; and placing maintenance bond into effect.  Ward 5.

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

       L. Resolution declaring the necessity for acquiring and owning permanent and temporary easements for Project WC-0468, Britton Road, County Line Road to Kilpatrick Turnpike.  Ward 1.

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

       M. Assignment of permanent easements, and bill of sale and assignment; and accepting easement, partial release, and subordination of lien, Project ST-0039, transfer of facilities serving the Redbud Project electric generating facility east of Arcadia, north and east of the North Canadian Wastewater Treatment Plant, 12800 North Anderson Road. 

ASSIGNED AND ACCEPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

   VI. N. Joint resolution with the Oklahoma City Water Utilities Trust in approving the filing of a grant and authorizing the commitment of matching funds and authorizing the Director of Water and Wastewater Utilities to file a Recreational Trails Grant Application with the Oklahoma Tourism and Recreation Department on behalf of The City of Oklahoma City.

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

       O. Oklahoma City Airport Trust Agreements:

          1. Hangar/Office Lease Agreement, Anthony Randolph Plant and Clinton Randolph Plant, to lease ground space and provide for the construction, at Lessee’s expense, of two hangars for aircraft storage and use in a specialty operation providing aircraft, aircraft parts and sales and avionics repairs and sales, 20 years upon completion of the facilities or one year, whichever occurs first, $7,899.57 annually, Wiley Post Airport.  Ward 1.

          2. Supplemental Agreement No. 1, Robert C. Barnes, extend the term of the lease of hangar site for storage of a privately owned aircraft, revise rentals, and update certain standard language, retroactive to January 1, 2005 through December 31, 2009, Block 6, Lot 6, Clarence E. Page Airport.  Ward 3.

          3. Supplemental Agreement No. 1, Robert S. MacKenzie, extend the term of the lease of hangar site for storage of a privately owned aircraft, revise rentals, and update certain standard language, retroactive to January 1, 2005 through December 31, 2009, Block 3, Lot 7, Clarence E. Page Airport.  Ward 3.

          4. Supplemental Agreement No 1, Dave and Mabel Migura, extend the term of the lease of hangar site for storage of a privately owned aircraft, revise rentals, and update certain standard language, retroactive to January 1, 2005 through December 31, 2009, Block 5, Lot 8, Clarence E. Page Airport.  Ward 3.

   VI. O. 5. Supplemental Agreement No. 1, Donald E. Rogers, extend the term of the lease of hangar site for storage of a privately owned aircraft, revise rentals, and update certain standard language, retroactive to January 1, 2005 through December 31, 2009, Block 6, Lot 1, Clarence E. Page Airport.  Ward 3

          6. Supplement No. 1 to Passenger Airline Operating and Lease Agreement for Non-Signatory Airlines, Allegiant Air, LLC, operation of a Part 121 charter carrier service between Oklahoma City and Las Vegas, Nevada, January 1, 2005 through December 31, 2005, Will Rogers World Airport.  Ward 3.

          7. Supplemental Agreement No. 1, Richard Sillivan, extend the term of the lease of hangar site for storage of a privately owned aircraft, revise rentals, and update certain standard language, retroactive to January 1, 2005 through December 31, 2009, Block 5, Lot 10, Clarence E. Page Airport.  Ward 3.

          8. Supplemental Agreement No. 1, L.V. and Ima Jean Thornton, extend the term of the lease of hangar site for storage of a privately owned aircraft, revise rentals, and update certain standard language, retroactive to January 1, 2005 through December 31, 2009, Block 3, Lot 6, Clarence E. Page Airport.  Ward 3.

          9. Supplemental Agreement No. 2, Kelley Family Revocable Trust, extend the term of the lease of hangar site for storage of a privately owned aircraft, revise rentals, and update certain language, retroactive to January 1, 2005 through December 31, 2009, Block 2, Lot 4, Clarence E. Page Airport.  Ward 3.

          10. Supplement No. 2 to Passenger Airline Operating and Lease Agreement for Non-Signatory Airlines, Grand Holdings, Inc., dba: Champion Air, operation of a Part 121 charter carrier service between Oklahoma City and Las Vegas, January 1, 2005 through December 31, 2005, Will Rogers World Airport.  Ward 3.

          11. Supplemental No. 2, Harvey D. Power, extend the term of the lease of hangar site for storage of a privately owned aircraft, revise rentals, and update certain standard language, retroactive to January 1, 2005 through December 31, 2009, Block 3, Lot 1, Clarence E. Page Airport.  Ward 3.

   VI. O. 12. Supplemental Agreement No. 2, Paradies-Kambers, LLC, construction, operation and management of news/gifts and specialty retail shops, to reduce the minimum annual guarantee amount paid to the Trust from $988,000 to $400,000, Terminal Building, Will Rogers World Airport, retroactive to December 1, 2004 through November 30, 2005.  Ward 3.

          13. Supplemental Agreement No. 3, Doug Frantz, extend the term of the lease of hangar site for storage of a privately owned aircraft, revise rentals, and update certain standard language, retroactive to January 1, 2005 through December 31, 2009, Block 6, Lot 8, Clarence E. Page Airport.  Ward 3.

          14. Supplemental No. 11 United Parcel Service Company, lease of facilities for the operation of an air freight carrier handling service, retroactive to January 1, 2005 through December 31, 2005, adjust rentals, $14,286.08 revenue annually, Bay M, Air Cargo Building Extension, Will Rogers World Airport.  Ward 3.

APPROVED:  O. 1-14.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  DEPARTMENT OF AIRPORTS.

       P. Permanent Public Easement Dedication, street and drainage improvements and relocation of MacArthur Boulevard, west and adjacent to the east side of Halaby Drive beginning at State Highway 152 and extending south approximately 480 feet south of SW 74th Street, Will Rogers World Airport.  Ward 3.

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

       Q. Receive the Oklahoma City Department of Airports Comprehensive Annual Financial Report for fiscal year ended June 30, 2004.

RECEIVED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  DEPARTMENT OF AIRPORTS.

   VI. R. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,000 and all costs of the action in the Oklahoma County District Court in the claim filed by Collins Odonkor.

          2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,932.86 and all costs of the action in the Oklahoma County District Court in the claim filed by SBC Communications.

          3. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,136.42 and all costs of the action in the Oklahoma County District Court in the claim filed by SBC Communications.

ADOPTED:  R. 1-3.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  MUNICIPAL COUNSELOR’S OFFICE.

       S. Resolution authorizing The City of Oklahoma City to participate in a $2.2 million grant, from the United States Department of Homeland Security, Office of Domestic Preparedness, passed through the Oklahoma Office of Homeland Security, approving the expenditure of funds by the Oklahoma State Bureau of Investigation, on behalf of The City, for the development of the Oklahoma Automated Secure Information Sharing Project, authorizing the Chief of Police to serve on the OASIS governing board, approving the agreement and ratifying the application of the grant.

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

   VI. T. 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 of the Workers’ Compensation Court Claim No. 2004-01951J, styled: Karen R. Mize, 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, SIMANK, JOHNSON AND DOBBS.  FINANCE DEPARTMENT.

       U. Grant Agreements with Woodland Park Neighborhood Association, $9,550; Putnam Heights Historic Preservation Area, Inc., $7,961; Cleveland Neighborhood Association, $10,000; Venice Neighborhood Association, $8,380.32; 2004-2005 Neighborhood Matching Grants from the Community Development Block Grant Program.

APPROVED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  NEIGHBORHOOD SERVICES DEPARTMENT.

  VII. Concurrence Docket.

     A. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1, Project WC-0421, water main replacement, NW 56th Street to NW 63rd Street from North Pennsylvania Avenue to North Villa Avenue.  Ward 2.

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

  VII. B. Concurrence with the Oklahoma City Water Utilities Trust in approving plans and specifications to be advertised for bids, Project SC-0189, 10-inch sanitary sewer line, NW 63rd Street to Grand Boulevard between May Avenue and Hefner Parkway.  Ward 2.

CONCURRED.  BID RECEIPT DATE:  JANUARY 25, 2005.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     C. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 3, Project WC-0402, water main replacement, NW 23rd Street to Cashion Place between Lyon Boulevard and Portland Avenue, increase of $18,824.50.  Ward 1.

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

     D. Concurrence with the Oklahoma City Water Utilities Trust in approving the amended and restated contract for bond counsel services with Fagin, Brown, Bush, Tinney & Kiser and Williams, Box, Forshee & Bullard PC.

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

     E. Concurrence with the Oklahoma City Water Utilities Trust in approving Change Order No. 1, Project SC-0657, sanitary sewer rehabilitation, SW 59th Street to I-240 between South Pennsylvania Avenue to South Blackwelder Avenue, increase of $10,550.24.  Ward 5.

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

  VII. F. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution approving final plans and specifications to be advertised for bids, Project ES-0002, Wheeler Community Learning Center, Phase II, 501 SE 25th Street.  Ward 7.

CONCURRED.  BID RECEIPT DATE:  JANUARY 18, 2005.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PUBLIC WORKS DEPARTMENT.

     G. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution approving Change Order No. 1 and Amendment No. 1, Project ES-0003, sales tax funded roof replacements, (four locations), increase of $60,844.47.  Wards 2, 4 and 6.

CONCURRED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PUBLIC WORKS DEPARTMENT.

     H. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution recommending the Board of Education of Independent School District No. 89 approve Change Order No. 1, Project EB-0001, new Douglass High School and Stadium, 900 North Martin Luther King Avenue, decrease of $73,645.82.  Ward 7.

CONCURRED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PUBLIC WORKS DEPARTMENT.

     I. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving application of funding, Piedmont Public School District, roofing projects, Piedmont Primary School, 615 West Edmond Road; Piedmont Elementary School, 917 Piedmont Road; and Piedmont Middle School, 823 2nd Street, $127,947.05.  Piedmont.

CONCURRED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  MAPS PROJECT OFFICE.

  VII. J. Concurrence with the Oklahoma City Riverfront Redevelopment Authority in approving the Oklahoma River Foundation Endowment Fund Agreement with the Oklahoma City Community Foundation.

CONCURRED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PUBLIC WORKS DEPARTMENT.

VIII. Items Requiring Separate Votes.

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

          1. (ABC-576) ABC-2 Alcoholic Beverage Consumption, Restaurant With Alcohol overlaying C-4 General Business, 4308 North Western Avenue.  Ward 2.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,629.  MOVED BY BOWMAN, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

          2. (PC-9918) 2711 West Main Street from R-1 Single Family Residential to I-2 Moderate Industrial.  Ward 6.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,630.  MOVED BY SIMANK, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

          3. (PC-9919) 932 NW 69th Street from R-1 Single Family Residential to I-2 Moderate Industrial.  Ward 2.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,631.  MOVED BY BOWMAN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

VIII. A. 4. (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, November 16, and December 21, 2004.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,632.  EASEMENT ACCEPTED SUBJECT TO LEGAL REVIEW.  MOVED BY DOBBS, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

          5. (PUD-1039) 13700 South Pennsylvania Avenue from PUD-585 Planned Unit Development to PUD-1039 Planned Unit Development.  Ward 5.

ADOPTED WITH EMERGENCY.  ORD. #22,633.  MOVED BY MARRS, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  EMERGENCY.  MOVED BY MARRS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

          6. (PUD-1040) 2625-2639 Cedar Tree Road and 2622-2640 Featherstone Road from PUD-60 Planned Unit Development to PUD-1040 Planned Unit Development.  Ward 8.

          Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,634.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY DOBBS, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

          7. (PUD-1041) 3324-3342 NW 23rd Street from R-1 Single Family Residential, C-3 Community Commercial, and SPUD-89 Simplified Planned Unit Development to PUD-1041 Planned Unit Development.  Ward 6.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,635.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

VIII. A. 8. (PUD-1042) 6901-7545 SW 44th Street, 6600-6632 SW 29th Street, and 6800-7032 SW 29th Street from I-2 Moderate Industrial and PUD-595 Planned Unit Development to PUD-1042 Planned Unit Development.  Ward 3.

          Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,636.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY MCATEE, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

          9. (PUD-1043) 1701-2025 South Sara Road from PUD-791 Planned Unit Development to PUD-1043 Planned Unit Development.  Ward 3.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,637.  MOVED BY MCATEE, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

          10. (PUD-1044) 6701-6717 West Hefner Road from PUD-412 Planned Unit Development to PUD-1044 Planned Unit Development.  Ward 8.

          Planning Commission approval subject to the Summary of Technical Evaluation.

DEFERRED TO JANUARY 11, 2005.  MOVED BY DOBBS, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

          11. (PUD-1045) 10201-10313 North Coltrane Road and 10200-10312 North Coltrane Road from AA Agricultural to PUD-1045 Planned Unit Development.  Ward 7.

          Planning Commission approval subject to the Summary of Technical Evaluation.

DEFERRED TO JANUARY 18, 2005.  MOVED BY JOHNSON, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

VIII. A. 12. (PUD-1046) 8921 NW Expressway from PUD-878 Planned Unit Development to PUD-1046 Planned Unit Development.  Ward 1.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,639.  MOVED BY MARRS, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

          13. (SPUD-345) 2906 SW 21st Street from R-1 Single Family Residential to SPUD-345 Simplified Planned Unit Development.  Ward 6.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,638.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  PLANNING DEPARTMENT.

       B. Ordinance on final hearing (emergency) recommended for denial (five affirmative votes required for approval), (PC-9915) 8201 and 8315 South Santa Fe Avenue from R-1 Single Family Residential and PUD-893 Planned Unit Development to C-3 Community Commercial.  Ward 5.

DEFERRED TO JANUARY 11, 2005.  PLANNING DEPARTMENT.

     C. 1. Public hearing regarding dilapidated structures:

          a. 10040 South Fairview Drive (house)  Ward 5

          b. 8309 Glory Road (garage, house)  Ward 7

          c. 8500 Happy Lane (house, well house)  Ward 7

          d. 5809 North Harvard Avenue (shed)  Ward 1

          e. 1500 Lincolnshire Road (house)  Ward 5

          f. 8904 North Markwell Avenue (shed)  Ward 1

          g. 3035 North Place (house)  Ward 6

          h. 4214 South Shields Boulevard (attached carport, house with attached carport, shed)  Ward 7

          i. 607 NE 2nd Street (house)  Ward 7

          j. 611 NE 2nd Street (house)  Ward 7

          k. 2729 SW 2nd Street (house)  Ward 6

          l. 3920 NW 9th Street (east shed, west shed)  Ward 3

          m. 2225 NW 12th Street (garage apartment)  Ward 6

          n. 726 SE 13th Street aka 726-728 SE 13th Street (duplex, fence)  Ward 7

          o. 905 SE 13th Street (house)  Ward 7

          p. 5605 NW 16th Street (cellar, house, shed)  Ward 3

          q. 1309 NE 17th Street (garage)  Ward 7

VIII. C. 1. r. 2927 NW 17th Street (garage)  Ward 6

          s. 1140 SW 18th Street (house)  Ward 6

          t. 409 SE 20th Street (garage)  Ward 7

          u. 425 SE 20th Street (fence, garage, sidewalk, slab)  Ward 7

          v. 652 SE 20th Street (middle carport)  Ward 7

          w. 526 SE 21st Street (house)  Ward 7

          x. 2206 NW 21st Street (garage, house)  Ward 6

          y. 1228 SW 22nd Street (carport, shed)  Ward 6

          z. 428 SE 23rd Street (house)  Ward 7

          aa. 1229 SW 23rd Street (garage)  Ward 6

          bb. 920 SW 26th Street (garage)  Ward 6

          cc. 1336 SW 26th Street (garage)  Ward 6

          dd. 940 SW 27th Street (garage apartment)  Ward 6

          ee. 115 SW 28th Street (house)  Ward 7

          ff. 911 SW 28th Street (garage)  Ward 6

          gg. 6012 NW 30th Street (shed)  Ward 3

          hh. 6110 NW 30th Street (east shed, small north shed, south shed)  Ward 3

          ii. 12804 NE 37th Street (house)  Ward 7

          jj. 12817 NE 37th Street (house)  Ward 7

          kk. 800 NW 46th Street (garage)  Ward 2

          ll. 1521 SW 66th Street (house)  Ward 5

          mm. 5801 NW 26th Street (garage, shed)  Ward 3

          Deferred from December 14, 2004.

          2. Resolution declaring the structures are dil-apidated; directing said structures to be torn down, establishing dates of January 5, 2005 and February 4, 2005 for commencement and completion of removal by owners.

ADOPTED AS AMENDED:  C. 1. a-h,m,o-aa,cc-ee,ii-ll.  DEFERRED TO MARCH 1, 2005:  C. 1. i,j,n.  STRICKEN:  C. 1. k,l,bb,ff-hh,mm.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  NEIGHBORHOOD SERVICES DEPARTMENT.

     D. 1. Public hearing regarding unsecured structures:

          a. 2801 South Agnew Avenue (commercial building)  Ward 6

          b. 3423 Campbell Place (garage)  Ward 6

          c. 9105 NW Expressway (house)  Ward 1

          d. 2400 South Hudson Avenue (north apartment building, south apartment building)  Ward 6

          e. 2412 South Hudson Avenue (north apartment building, south apartment building)  Ward 6

          f. 2608 North Jordan Avenue (house)  Ward 7

          g. 8904 North Markwell Avenue (house)  Ward 1

VIII. D. 1. h. 9613 North McKinley Avenue (garage, house, shed)  Ward 2

          i. 3037 North Place (house)  Ward 6

          j. 2404 South St. Clair Avenue (house)  Ward 6

          k. 3329 NE 13th Street (house)  Ward 7

          l. 1309 NE 17th Street (house)  Ward 7

          m. 652 SE 20th Street (garage, house)  Ward 7

          n. 526 SE 21st Street aka 2211 South Durland Avenue (house)  Ward 7

          o. 3612 SW 22nd Street aka 3614 SW 22nd Street (east structure #1, structure #2, structure #3, structure #4, structure #5, structure #6)  Ward 6

          p. 920 SW 26th Street (house)  Ward 6

          q. 1332 SW 26th Street (house)  Ward 6

          r. 1336 SW 26th Street (house, open cellar)  Ward 6

          s. 940 SW 27th Street (house)  Ward 6

          t. 1040 SW 27th Street (house)  Ward 6

          u. 109 SW 28th Street (garage, house)  Ward 7

          v. 911 SW 28th Street (house)  Ward 6

          w. 1730 NW 31st Street (house)  Ward 2

          x. 1321 NW 95th Street (house)  Ward 2

          y. 915 NW 99th Street (house)  Ward 2

          2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED:  D. 1. a-e,h-n,q,r,t-y.  STRICKEN:  D. 1. f,g,o,p,s.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  NEIGHBORHOOD SERVICES DEPARTMENT.

     E. Resolution establishing a Special Purpose Fund for monies received by The City of Oklahoma City from the sale of property at the southwest corner of NW 122nd Street and Portland Avenue to Oklahoma City School District No. 89 for development of a new high school and the monies be restricted for the stated purpose in the original 1950 General Obligation Bond Proposition.

ADOPTED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  FINANCE DEPARTMENT.

VIII. F. 1. Joint resolution with the Oklahoma City Municipal Facilities Authority authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employees, Oklahoma City Police Officers Mark Lowery, David Feskanich, Brian Cook and Lance Marston in the United States District Court for the Western District of Oklahoma, Case No. CIV-04-0872M, styled: Harold Richard Henager vs. Officer M. Downing and four unknown Police Officers.

          AND/OR

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

ADOPTED:  F. 1.  NO ACTION TAKEN:  F. 2.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.  MUNICIPAL COUNSELOR’S OFFICE.

     G. 1. Claims recommended for denial:

          a. Cornelson Flooring  $192

          b. Farmers Insurance Group  $16,008.31

          c. GEICO Direct  $2,379.55

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

   IX. A. 1. Claim for Approval,

          a. William Hoffman  $139.95

          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).

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

    X. Items from Council.

       A. Resolution initiating the closing of a portion of Out West Trail (CE-642), south of SW 7th Street and west of Mustang Road.  Ward 3.

          Councilman McAtee.

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

       B. Ordinance on final hearing, 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.

ADOPTED.  ORD. #22,628.  MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND DOBBS.

Mr. Bowman said he visited the ice skating rink last weekend and the attendance was excellent.  He said the rink seems to have been even more successful than last year.

Mr. McAtee encouraged citizens to attend the Sector Planning meeting for the southwest sector of Oklahoma City.  He said the meeting is scheduled for January 13th at 7:00 p.m. at the Mustang North Middle School.

Ms. Simank thanked Neighborhood Alliance for their quarterly publication called “The Corner Post”.  She said the Winter 2004 issue had a piece about four Oklahoma City neighborhoods, which were recently awarded $10,000 grants for major improvement projects.  She said the article did a good job of stating the qualifications for these grants.  Ms. Simank congratulated the four winning neighborhoods.

Ms. Simank said the latest issue of “Public Weekly” magazine featured a story complete with pictures of Paul Brum, Director of Public Works.  She said the Oklahoma City Public Works Department was chosen as one of America’s best for the dam project on the Oklahoma River.  She congratulated Jim Couch, City Manager, and Paul Brum and the Public Works employees for earning such prestigious national recognition.

    X.

Ms. Johnson commented about the recent death of Shirley Chisholm.  She said Ms. Chisholm was the first African American congresswoman and the first African American to run for the office of the President of the United States.  Ms. Johnson said Shirley Chisholm was a role model for many women.

Ms. Johnson said she recently received a boat ride down the river and it was quite enjoyable.  She asked Mr. Couch if reflectors could be added to the bridge columns to increase safety and visibility for the boat captains. 

Ms. Johnson said she attended Opening Night and was pleased with attendance counts in the thousands.  She said there was an abundance of good family activities and everyone had a wonderful time.  She thanked everyone who volunteered and worked to make the event a great success.

Ms. Johnson proposed renaming Stiles Avenue (from NE 4th Street to May Avenue) to Russell M. Perry Avenue.  She said Russell Perry is the publisher and editor of “The Black Chronicle” and has made a huge contribution to Oklahoma City. 

Mr. Couch said he would prepare a resolution for consideration to rename the street. 

Mr. Dobbs said he also attended the Opening Night festivities.  He said he was amazed with the talented entertainers in Oklahoma City.  He said the magic act in the Civic Center alone was worth the price of admission.

Ms. Johnson thanked Kenneth Kilgore, Director of the Ambassadors Choir, for the wonderful music they provided for Opening Night.  She said Mr. Kilgore was gracious enough to let audience members join in with them during the last song.  Ms. Johnson said she was thrilled to have the opportunity to perform with the group.

Mr. Bowman asked Mr. Couch if an update could be provided to the Council about the overall goals for the sector plans for The City and any schedule that might be in place for those plans.

   XI. City Manager Reports.

  XII. Citizens to be Heard.

Phil Hughes, 1145 NW 43rd Street, spoke about issues with the Oklahoma City Police Department.

XIII. Adjournment.  10:01 a.m.

Mick Cornett, Mayor    

ATTEST:

Frances Kersey, City Clerk

James D. Couch, City Manager