THE CITY OF OKLAHOMA CITY
JOURNAL OF COUNCIL PROCEEDINGS
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2005
(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on January 28, 2005.)
I. Invocation and Pledge of Allegiance.
II. Call to Order. 8:36 a.m.
MAYOR MICK CORNETT PRESIDING.
ALL MEMBERS PRESENT.
III. From the Office of the Mayor.
A. Appointment of Connie Mashburn, James L. Loftis, Beth Tolbert, Dr. Paul W. Sechrist and Paul Sweeney to the Oklahoma City Arts Commission.
CONFIRMED. MOVED BY SIMANK, SECONDED BY DOBBS. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, AND DOBBS. ABSENT: JOHNSON.
B. Appointment of Mick Cornett, Nick L. Gales, Forrest “Butch” Freeman, Myron Coleman, Joe Clytus, Bob Parrish, Dr. Jerry Steward, Steve Myers, Bruce Campbell and Hugh Rice to the Oklahoma Riverfront Tax Increment District Review Committee.
CONFIRMED. MOVED BY SIMANK, SECONDED BY DOBBS. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, AND DOBBS. ABSENT: JOHNSON.
C. Appointment of Brett Hamm, Surrogate Trustee, to the Oklahoma City Zoological Trust.
CONFIRMED. MOVED BY SIMANK, SECONDED BY DOBBS. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, AND DOBBS. ABSENT: JOHNSON.
III. D. Appointment of Jennifer Gibbons and John M. May to the Traffic and Transportation Commission.
CONFIRMED. MOVED BY SIMANK, SECONDED BY DOBBS. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, AND DOBBS. ABSENT: JOHNSON.
PROCLAIMED: February 4, 2005 as “WEAR RED FOR WOMEN DAY”. Received by Wes Ginsmann and Jill Voss, American Heart Association.
PROCLAIMED: The week of February 6-12, 2005 as ‘”URN AWARENESS WEEK”. Received by Mike Wicker, Indian Shrine Temple.
CERTIFICATE OF
APPRECIATION: January 27, 2005, South Oklahoma City Chamber of Commerce Centennial Day. Received by Tony Tyler, Chairman, Mike Vorhees, Vice-President of Government Affairs, Rae Rice, Treasurer, and Elaine Lyons, President of the South Chamber of Commerce.
IV. A. Receive Journal of Council Proceedings for January 18, 2005.
RECEIVED. MOVED BY MARRS, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, SIMANK, JOHNSON AND DOBBS. ABSENT: FOSHEE.
B. Approve Journal of Council Proceedings for January 11, 2005.
APPROVED. MOVED BY MARRS, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, SIMANK, JOHNSON AND DOBBS. ABSENT: FOSHEE.
V. Request for Uncontested Continuances.
RECESS COUNCIL MEETING.
CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY. 9:01 a.m.
(Majority of a Quorum required for approval)
1. a. Specifications to be advertised for bids, (B5638) cutting and mowing of rank weeds and removal of trash, litter and debris from the date of award through January 31, 2006.
b. Resolution authorizing the open market purchase of cutting and mowing of rank weeds and removal of trash, litter, and debris, (OM5-C56077) retroactive to September 1, 2004 until contract award, estimated cost $80,000.
APPROVED AND AUTHORIZED: 1. a. BID RECEIPT DATE: FEBRUARY 22, 2005. ADOPTED: 1. b. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, SIMANK, JOHNSON AND DOBBS. ABSENT: FOSHEE. PROCUREMENT SERVICES DIVISION.
2. Authorize the selling of plans and specifications for
Project BC-0145 completed bridges, bridge replacement
and repair (four locations) to the City in the amount
of $56,575.16. Wards 3 and 4.
AUTHORIZED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, SIMANK, JOHNSON AND DOBBS. ABSENT: FOSHEE. PUBLIC WORKS DEPARTMENT.
3. a. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement in the Workers’ Compensation Court Claim No. 2004-04045L, styled: Mark David Scott, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and further authorizing the Municipal Counselor to assist said counsel in the rendition of said Petition to Judgment as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution.
b. Joint Resolution authorizing the Risk Manager and
The Trust’s legal counsel to enter into a Joint Petition Settlement in the Workers’ Compensation Court Claim No. 2003-16178Y, styled: Christopher P. Suriano, Clamant 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. 3. a,b. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, SIMANK, JOHNSON AND DOBBS. ABSENT: FOSHEE. 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 Workers’ Compensation Court Claim No. 2004-08452A, styled: Glenn Dale Smith, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.
ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, SIMANK, JOHNSON AND DOBBS. ABSENT: FOSHEE. FINANCE DEPARTMENT.
ADJOURN OCMFA.
CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY. 9:01 a.m.
(Five affirmative votes required for approval.)
1. Resolution acknowledging that the U.S. Army Corps of Engineers is authorized to withdraw $399,000 from the Riverine Restoration Project escrow account; and deposit those funds into the Aquatic Ecosystem Restoration Project escrow account.
ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, SIMANK, JOHNSON AND DOBBS. ABSENT: FOSHEE. MAPS OFFICE.
ADJOURN OCPPA.
CONVENE AS OKLAHOMA CITY ENVIRONMENTAL ASSISTANCE TRUST. 9:02 a.m.
(Five affirmative votes required for approval.)
1. a. Extension of contracts with Waste Management of Oklahoma, Inc. d.b.a. East Oak Landfill, Pinecrest Landfill, LLC d.b.a. Newcastle Landfill, Oklahoma City Landfill, LLC d.b.a. Southeast OKC Landfill, and Oklahoma Environmental Management Authority, d.b.a. Canadian County Landfill for disposal of municipal solid waste, February 1, 2005 through February 28, 2005.
OCEAT. 1. b. Ratify and approve Addenda Nos. 1 and 2 to disposal of waste, multi-year pricing agreement, through January 31, 2009.
APPROVED: 1. a. RATIFIED AND APPROVED: 1. b. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, SIMANK, JOHNSON AND DOBBS. ABSENT: FOSHEED. WATER/WASTEWATER UTILITIES.
2. Agreement with Northeast Landfill, Inc. as part of a settlement agreement and release regarding the commercial solid waste disposal fee, retroactive to January 1, 2005.
APPROVED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. ABSENT: FOSHEE. WATER/WASTEWATER UTILITIES.
ADJOURN OCEAT.
RECONVENE COUNCIL MEETING.
VI. Consent Docket.
A. Resolution authorizing the purchase from State Contracts:
1. Fisher Laboratory equipment, supplies and safety equipment (S5-SW40401), estimated cost $500,000, February 1, 2005 through June 30, 2005.
2. Public safety communications equipment (S5-SW40402), estimated cost $500,000, February 1, 2005 through June 30, 2005.
3. Grounds equipment (S5-SW50190) retroactive to January 4, 2005 through June 30, 2005, estimated cost $200,000.
4. Fisher safety-domestic preparedness supplies and safety equipment (S5-SW50550), estimated cost $500,000, February 1, 2005 through June 30, 2005.
ADOPTED. A. 1-4. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PROCUREMENT SERVICES DIVISION.
B. Contract award and approval, Total Truck & Trailer (C58804), two latest model, contractors’ body and mountings to be installed on Chevrolet cab and chassis, $61,810.
AWARDED AND APPROVED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PROCUREMENT SERVICES DIVISION.
C. Ordinances to be introduced and set for final hearing February 22, 2005:
1. (ABC-579) ABC-3 Alcoholic Beverage Consumption, Club With Alcohol overlaying I-2 Moderate Industrial, 311 South Klein Avenue. Ward 6.
2. (PC-9925) 2901 North Bryant Avenue from I-2 Moderate Industrial to O-2 General Office. Ward 7.
3. (PUD-1054) 12201 North Portland Avenue from R-1 Single Family Residential to PUD-1054 Planned Unit Development. Ward 8.
4. (PUD-1059) 9333 NW 122nd Street from AA Agricultural to PUD-1059 Planned Unit Development. Ward 8.
5. (PUD-1061) 133 SW 134th Street from R-1 Single Family Residential to PUD-1061 Planned Unit Development. Ward 5.
6. (SPUD-346) 14001 North Harvey Avenue from PUD-945 Planned Unit Development to SPUD-346 Simplified Planned Unit Development. Ward 8.
7. (SPUD-350) 1100 North Ann Arbor Avenue from C-3 Community Commercial to SPUD-350 Simplified Planned Unit Development. Ward 3.
8. (SPUD-351) 3411 South Bryant Avenue from R-1 Single Family Residential to SPUD-351 Simplified Planned Unit Development. Ward 7.
9. (SP-363) Special Permit to operate a Mining and Processing: Minerals and Raw Materials use (sand, soil, and clay excavation) in the I-2 Moderate Industrial District, 13900 South MacArthur Boulevard. Ward 3.
INTRODUCED AND SET FOR FINAL HEARING FEBRUARY 22, 2005 AS AMENDED. C. 1, 2, 4-9. AMENDMENT: C. 3. INTRODUCED AND SET FOR FINAL HEARING MARCH 1, 2005. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
VI. D. 1. Ordinance to be introduced and set for final hearing March 8, 2005 (CE-639) closing SE 60th Street, SE 60th Terrace, and SE 61st Street, east of Crosspointe Drive. Ward 4.
2. Resolution establishing a date for enactment of said ordinance and determining those entitled to notice.
INTRODUCED AND SET FOR FINAL HEARING MARCH 8, 2005. D. 1. ADOPTED: D. 2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
E. 1. Ordinance to be introduced and set for final hearing March 8, 2005 (CE-640) closing Engle Road across Interstate 40 and SE 36th Street west of Douglas Boulevard. Ward 4.
2. Resolution establishing a date for enactment of said ordinance and determining those entitled to notice.
INTRODUCED AND SET FOR FINAL HEARING MARCH 8, 2005. D. 1. ADOPTED: D. 2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
F. 1. Ordinance to be introduced and set for final hearing March 8, 2005 (CE-641) closing the west 284.57 feet of the platted 20-foot utility easement along the south line of Lot 11, Block 1, Eagle Point Business Park, 421 South Eagle Lane. Ward 4.
2. Resolution establishing a date for enactment of said ordinance and determining those entitled to notice.
INTRODUCED AND SET FOR FINAL HEARING MARCH 8, 2005. D. 1. ADOPTED: D. 2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
G. Resolution accepting the irrevocable letter of credit and dedications contained in the final plat of Sierra Madre, north of SW 44th Street and west of May Avenue. Ward 3.
ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
VI. H. Resolution accepting the subdivision bond and dedications contained in the final plat of Stone Meadows South, Section 4, north of SW 164th Street and east of Western Avenue. Ward 5.
ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
I. Resolution authorizing contract negotiations with Tischler & Associates, Inc. to perform a fiscal impact analysis of development and redevelopment in Oklahoma City and to develop a fiscal impact model. Wards 1, 2, 3, 4, 5, 6, 7, and 8.
ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
J. Resolution accepting United States Department of Housing and Urban Development Section 108 Guarantee Assistance B-04-MC-40-0003-A, in the amount of $1,000,000; authorizing execution of necessary documents; and preparation of loan agreement with Gold Dome LLC, Gold Dome Building, 1112 NW 23rd Street. Ward 6.
ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.
K. Acceptance of two permanent sanitary sewer easements, two permanent drainage easements, and one permanent storm sewer easement. Ward 8.
ACCEPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS.
L. Final acceptance, Project PC-0182, Emergency Street Repair, Meridian Avenue, north of NW 122nd Street; and placing maintenance bond into effect. Ward 8.
ACCEPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
VI. M. Final acceptance of Project BC-0145, completed bridges, bridge replacement and repair (four locations); placing maintenance bond in effect; and approve purchase of plans and specifications, $56,575.16. Wards 3 and 4.
ACCEPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS.
N. Acceptance of privately constructed projects and placing maintenance bonds into effect as of the final inspection dates:
1. Three paving and drainage projects, one paving project, and one drainage project. Wards 5 and 8.
2. Five sanitary sewer projects. Wards 3, 4, 5, and 8.
ACCEPTED: N. 1-2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS.
O. Public Easement Dedication, Project WC-0448, water main relocation, NE 23rd Streetscape Project PC-0256, NE 23rd Street between Martin Luther King Avenue and I-35. Ward 7.
APPROVED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
P. Public Easement Dedication with the Oklahoma City Riverfront Redevelopment Authority, Oklahoma City Storm Drainage Project DC-0186, North Canadian River to SE 23rd Street. Ward 7.
APPROVED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
Q. Acceptance of Quit Claim Deed from the Central Oklahoma Transportation and Parking Authority, property located south of Ronald J. Norick Municipal Library and Learning Center. Ward 6.
ACCEPTED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
R. Resolution declaring the necessity for acquiring and owning permanent and temporary easements, Project SC-0665, sanitary sewer main installation, Western Avenue, NW 185th Street to NW 206th Street. Ward 8.
ADOPTED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
S. Amendment No. 1, Project PM-0165, utility cut repairs, increase not to exceed $500,000. Wards 1, 2, 3, 4, 5, 6, 7, and 8.
APPROVED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
T. Amendment to Agreement with the North OKC Soccer Club, Inc. establishing new lease boundaries, Lake Hefner Reservation, north of Hefner Road and west of Portland Avenue. Ward 8.
APPROVED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
VI. U. Contract for engineering services with Engineering Services & Testing, Inc., Project BC-0148, bridge rehabilitation, Interstate 40 at Cimarron Road; Project BC-0149, Interstate 40 at Rockwell Avenue; and Project BC-0151, Interstate 44 at NW 10th Street, and Interstate 44 at NW 16th Street, fee of $103,000. Wards 3 and 6.
APPROVED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT,
MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
V. Acceptance of Permanent and Temporary easements, Project DC-0186, storm drainage construction at Lightning Creek, North Canadian River to SE 23rd Street. Ward 7.
ACCEPTED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT,
MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
W. Amendment No. 2 to contract for engineering services, Project BC-0059, Walnut Avenue Bridge Replacement, Walnut Avenue over the Union Pacific Railroad, increase of $162,500. Ward 7.
APPROVED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT,
MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
X. Revocable Pipeline Permits:
1. Enerfin Resources I, L.P., construct and maintain a pipeline crossing south Harrah Road, February 1, 2005 through May 1, 2005. Ward 4.
2. Duke Energy Field Services, L.P., construct and maintain three pipeline crossings, North Council Road, Stinchcomb Road, north County Line Road, February 1, 2005 through May 1, 2005. Ward 1.
APPROVED. X. 1 -2. MOVED BY , SECONDED BY . AYES: MAYOR
CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND
DOBBS.
VI. Y. Resolution authorizing The City of Oklahoma City, for the benefit of the General Services Department Fleet Services Division, to accept an $88,945 alternative fueled vehicles grant (11472 SEP 04), from the United States Department of Energy and administered through the Oklahoma Department of Commerce, $56,483 in City matching funds; authorizing execution of necessary documents; and authorizing the receipt and deposit of funds.
ADOPTED: N. 1-2. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
Z. Resolution authorizing the destruction of field work orders, purchase requests, payroll records, equipment checklists, material handling tickets, service requests, action center complaints, intake reports, plats, council service requests and miscellaneous correspondence from 1993 through 2002 in the Public Works Department, Street and Drainage Maintenance Division, in accordance with 11 O.S. (2001) §22-131.
ADOPTED: N. 1-2. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
AA. Resolution authorizing destruction of weed complaints and inspection records; and abandoned housing complaints and inspection records for calendar year 1999, in the Neighborhood Services Department/ Neighborhood Services Division.
ADOPTED: N. 1-2. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
BB. Administrative Services Agreement with the Employee Retirement System for the Money Purchase Plan and Trust #8751 and #7697, retroactive July 1, 2004 through June 30, 2005, $7,078.
APPROVED: N. 1-2. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
CC. Administrative Services Agreement with the Employee Retirement System for the 457 Deferred Compensation Plans, retroactive to July 1, 2004 through June 30, 2005, $19,803.
APPROVED: N. 1-2. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
DD. Agreement with UMB Bank, N.A., paying agent and registrar services for the General Obligation Bonds, Series 2005, February 1, 2005 through June 30, 2005, not to exceed $500.
APPROVED: N. 1-2. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
EE. 1. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement in the Workers’ Compensation Court Claim No. 2004-04045L, styled: Mark David Scott, 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.
2. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement in the Workers’ Compensation Court Claim No. 2003-16178Y, styled: Christopher P. Suriano, Clamant 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: EE. 1-2. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
FF. 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 Workers’ Compensation Court Claim No. 2004-08452A, styled: Glenn Dale Smith, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.
ADOPTED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
GG. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $835.73 and all costs of the action in the Oklahoma County District Court in the claim filed by Blanchard Public Schools.
ADOPTED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
GG. 2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $879.07 and all costs of the action in the Oklahoma County District Court in the claim filed by Teri Pierson.
3. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $2,563.91 and all costs of the action in the Oklahoma County District Court in the claim filed by SBC Communications.
4. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $794.19 and all costs of the action in the Oklahoma County District Court in the claim filed by Andrea Wood.
ADOPTED. GG. 1-4. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
VI. HH. Request for Proposals to be advertised, Project PS-0004-A, Public Safety Communications Console Furniture Services and Equipment for the new Emergency Communications Center. Ward 6.
APPROVED AND AUTHORIZED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
II. Ordinance to be introduced and set for final hearing February 8, 2005, relating to Miscellaneous Provisions and Offenses; amending Chapter 30, Article XV of the Oklahoma City Municipal Code, 2002, by creating a Division I, Curfew and Division II, Aggressive Panhandling, amending Section 30-427, and creating new Sections 30-428, 30-429, 30-430, 30-431 and 30-432, related to begging, soliciting or panhandling in an aggressive manner; providing for legislative findings; providing definitions; prohibiting the act of aggressive begging, soliciting or panhandling; and establishing the penalty for such violations.
INTRODUCED AND SET FOR FINAL HEARING FEBRUARY 8, 2005. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
JJ. Agreement with the Oklahoma City Environmental Assistance Trust and Northeast Landfill, Inc., as part of a settlement agreement and release regarding the commercial solid waste disposal fee, retroactive to January 1, 2005.
APPROVED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
KK. Ratify and approve Addendum No. 1 and award of contract to Hunter Mechanical & Controls, Inc., Project MB-0705, City Hall – Mechanical Improvements, 200 North Walker Avenue, $225,000; and approving contract and bonds. Ward 6.
RATIFIED, APPROVED AND AWARDED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
VII. Concurrence Docket.
A. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1, Project SC-0189, sanitary sewer improvements, NW 63rd Street to Grand Boulevard between May Avenue and Hefner Parkway. Ward 2.
CONCURRED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
B. Concurrence with the Oklahoma City Water Utilities Trust in approving specifications to be advertised for bids, Project WT-0068, painting and welding of corrosion pits and steel plating for Water Storage Tank No. 2, Overholser Water Treatment Plant, 601 North Pennsylvania Avenue. Ward 6.
CONCURRED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
C. Concurrence with the Oklahoma City Water Utilities Trust in receiving Consultant Review Committee Report, Project SC-0670, Wastewater Master Plan; and authorization to negotiate a contract. Wards 1, 2, 3, 4, 5, 6, 7, and 8.
CONCURRED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
D. Concurrence with the Oklahoma City Water Utilities Trust in approving contract for engineering services with Cobb Engineering Company, Project WC-0500, 48 inch water main relief line, Draper Water Treatment Plant, 13700 South Douglas Boulevard, south to SE 164th Street then west to Telephone Road, fee of $335,000. Ward 4.
CONCURRED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
E. Concurrence with the Oklahoma City Water Utilities Trust in approving Change Order No. 2, Project ST-0087, Witcher Pump Station improvements, East Hefner Road and North Sooner Road, increase of $63,761.26. Ward 7.
CONCURRED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
VII. F. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1, Project WC-0425, water main replacement, SW 59th Street to Madole Boulevard from Independence Avenue to Drexel Avenue, increase of $19,590.10; accepting the project and placing maintenance bond into effect. Ward 5.
CONCURRED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
G. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution approving final plans and specifications to be advertised, Project ES-0001, Martin Luther King, Jr. K-8 school, 1201 NE 48th Street. Ward 7.
CONCURRED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
H. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution approving Change Order No. 3, Project ES-0002, renovation and additions to Wheeler Elementary School – Phase 1, 501 SE 25th Street, increase of $18,065.21. Ward 7.
CONCURRED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
I. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution approving Preliminary Report, Project ES-0012, Heronville Elementary School, 1240 SW 29th Street. Ward 6.
CONCURRED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
J. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving application of funding:
1. Mustang Public School District, purchase of 50 acres for a secondary school, southwest corner of SW 15th Street and Czech Hall Road, $443,400. Ward 3.
2. Western Heights Public School District, sound system, Western Heights High School, 8201 SW 44th Street, $75,773.50. Ward 3.
CONCURRED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
VIII. Items Requiring Separate Votes.
A. Ordinances on final hearing (emergency) recommended for approval (five affirmative votes required for approval):
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.
ADOPTED WITHOUT EMERGENCY. ORD. # MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
2. (PC-9920) 5100 South Post Road from R-1 Single Family Residential to R-A Single Family Rural Residential. Ward 4.
ADOPTED WITHOUT EMERGENCY. ORD. # MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
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.
ADOPTED WITHOUT EMERGENCY. ORD. # MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
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.
Easement requested but not submitted.
Planning Commission approval subject to the Summary of Technical Evaluation as amended.
ADOPTED WITHOUT EMERGENCY. ORD.#22, . APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
VIII. A. 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.
Easements requested but not submitted.
Planning Commission approval subject to the Summary of Technical Evaluation as amended.
ADOPTED WITHOUT EMERGENCY. ORD.#22, . APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
6. (PUD-1031) 900-1124 South Czech Hall Road from R-1 Single Family Residential to PUD-1031 Planned Unit Development. Ward 3.
Easement requested but not submitted.
Planning Commission approval subject to the Summary of Technical Evaluation.
ADOPTED WITHOUT EMERGENCY. ORD.#22, . APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
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.
Planning Commission approval subject to the Summary of Technical Evaluation as amended.
ADOPTED WITHOUT EMERGENCY. ORD.#22, . APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
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.
ADOPTED WITHOUT EMERGENCY. ORD.#22, . MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
9. (PUD-1050) 401 NE 8th Street from R-1 Single Family Residential to PUD-1050 Planned Unit Development. Ward 7.
ADOPTED WITHOUT EMERGENCY. ORD.#22, . APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
B. Ordinance on final hearing (emergency) recommended for approval, (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.
Planning Commission approval subject to the Summary of Technical Evaluation as amended.
ADOPTED WITHOUT EMERGENCY. ORD.#22, . APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
C. Ordinance on final hearing (emergency) (SP-364) Special Permit to operate a corrections facility in the R-2 Medium Low Density Residential District, 400 South May Avenue. Ward 6.
Request for deferral to February 15, 2005.
DEFERED TO FEBRUARY 15, 2005. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
D. Ordinance on final hearing, relating to Zoning, amending Chapter 59, Article VII, Section 59-7200.7 and Chapter 59, Article VIII, Section 59-8100.B, of the Oklahoma City Municipal Code, 2002, by decreasing the penalty for violations of the zoning code and modifying the definitions section.
ADOPTED WITHOUT EMERGENCY. ORD.#22, . APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
VIII. E. 1. Public hearing regarding dilapidated structures:
a. 1808 South Central Avenue (cyclone fence and house) Ward 7
b. 2116 Miramar Boulevard (garage) Ward 7
c. 4417 North Portland Avenue (garage apartment) Ward 1
d. 3300 South Shartel Avenue (garage) Ward 6
e. 3304 South Shartel Avenue (shed) Ward 6
f. 2935 SW 15th Street (house) Ward 6
g. 1534 NE 20th Street (garage) Ward 7
h. 4405 NW 36th Street (shed) Ward 1
i. 4706 NE 36th Street (house) Ward 7
j. 1744 NW 37th Street (garage apartment) Ward 2
k. 333 SE 43rd Street (house and stockade fence) Ward 7
2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of February 2, 2005 and March 4, 2005 for commencement and completion of removal by owners.
ADOPTED AS AMENDED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
F. 1. Public hearing regarding unsecured structures:
a. 1607 Bernard Boulevard (house and shed) Ward 7
b. 1609 Bernard Boulevard (house) Ward 7
c. 728 Katherine Place (house) Ward 7
d. 737 Katherine Place (house) Ward 7
e. 1440 North Court (garage and house) Ward 7
f. 7 West Park Place (commercial building) Ward 7
g. 2814 West Park Place (house and trailer) Ward 6
h. 5907 South Sunnylane Road (house) Ward 4
i. 7717 South Villa Avenue (house and shed) Ward 5
j. 1320 NW 12th Street (garage and house) Ward 6
k. 1735 NW 14th Street (house) Ward 6
l. 1534 NE 20th Street (house) Ward 7
m. 2529 SW 31st Street (house) Ward 6
n. 1815 NW 32nd Street (house) Ward 2
o. 2640 NW 34th Street (house) Ward 2
p. 3201 SW 40th Street (house) Ward 3
q. 3225 SW 45th Street (garage and house) Ward 3
r. 304 SE 46th Street (cellar, garage and house) Ward 4
s. 900 NE 81st Street (house) Ward 7
t. 2101 NW 122nd Street (car wash building) Ward 8
2. Resolution declaring the structures are unsecured.
ADOPTED AS AMENDED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
G. 1. Public hearing.
2. Resolution creating Street Improvement Assessment District #1618, Booker between South Harrah Road and Main Street and on Main Street from Gilbert to one block north of Teddy in Newalla Original Addition; pursuant to 11 O.S. (2001) §39-101, et seq; acknowledging that a public hearing has been held; determining that the improvements requested by the Petitioner are advisable; directing the City Manager to take all necessary steps to cause the improvements to be constructed; including the competitive bidding of a contract for the construction of such improvements; and directing the City Manager to present such contract to the Council for consideration. Ward 4.
Deferred from September 23, 2003, March 30 and August 3, 2004.
H. Revocable permit for holding “Fat Tuesday Festival” sponsored by Fourth Floor Investments, LLC dba SKKYBAR Ultra Lounge, Bricktown, February 8, 2005. Ward 7.
APPROVED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
I. Resolution declaring 298 acres of land south of I-40, north of Burlington Northern-Santa Fe Railroad right-of-way, east of I-35, and west of Reno Avenue to be surplus and abandoned for City park purposes; approving a Lease with Right to Purchase with the Native American Cultural and Educational Authority; and authorization to execute the agreement and all other necessary documents.
ADOPTED. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
J. 1. Resolution authorizing the Municipal Counselor to prepare and file a Journal Entry of Judgment Without Admitting Liability in the case of Chase Sawyer and Jourdan Edwards v. The City of Oklahoma City, Oklahoma County District Court, Case No. CJ-2003-1851;
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. J. 1. NO ACTION TAKEN: J. 2. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
VIII. K. 1. Claims recommended for denial:
a. AHC $24,570.30
b. Mark Braggs $65.43
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. MOVED BY , SECONDED BY . AYES: MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.
IX. Items from Council.
X. City Manager Reports.
A. January 2005 Sales and Use Tax Collections
XI. Citizens to be Heard.
XII. Adjournment.
_________________________
Mick Cornett
Mayor
ATTEST:
_________________________ ___________________________
Frances Kersey James D. Couch
City Clerk City Manager