THE CITY OF OKLAHOMA CITY
JOURNAL OF THE COUNCIL PROCEEDINGS
REGULAR COUNCIL MEETING
MARCH 8, 2005

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on March 4, 2005)

I. Invocation and Pledge of Allegiance.

DR. RANDALL FAULKNER, SENIOR MINISTER, METRO BAPTIST CHURCH

PLEDGE LED BY VICE-MAYOR MARRS

II. Call to Order 8:35 a.m.

VICE-MAYOR GARY MARRS PRESIDING.

MAYOR MICK CORNETT, COUNCILMEN SAM BOWMAN AND JERRY FOSHEE ABSENT.

III. From the Office of the Mayor.

PROCLAIMED: March 15, 2005 as “JOHN BROOKS DAY”. Received by John Brooks, wife Lisa Brooks and son Remington Brooks.

ACKNOWLEDGEMENT
OF APPRECIATION: Paul Brum for 45 years of service to the City of Oklahoma City. Received by Paul Brum.

City Manager James Couch presented a “45 year” watch to Mr. Brum. Mr. Brum introduced his wife Carolyn Brum, daughter Randi Leverage, son Brent and daughter-in-law Janet Brum.

A. Appointment of Randy Floyd to the Historical Preservation Commission.
Deferred from February 22, 2005.

CONFIRMED. MOVED BY SIMANK, SECONDED BY DOBBS. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS.

IV. A. Receive Journal of Council Proceedings for March 1, 2005.

RECEIVED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS.

B. Approve Journal of Council Proceedings for February 22, 2005.

APPROVED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS.

V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY 8:58 a.m.
(Majority of a Quorum required for approval)

1. Joint Request for Proposal to be advertised, dental benefit plan(s) for The City of Oklahoma City and participating public trust employees, retirees, and eligible dependents effective January 1, 2006.

APPROVED AND AUTHORIZED. BID RECEIPT DATE: APRIL 12, 2005. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PERSONNEL DEPARTMENT.

ADJOURN OCMFA.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY 8:58 a.m.
(Five affirmative votes required for approval.)

1. Specifications to be advertised, fiscal year 2005-06:

a. (BID6805) Club Car golf car parts, replacement parts and factory authorized services.
b. (BID6820) golf course driving range maintenance
equipment and supplies.

APPROVED AND AUTHORIZED: 1. a-b. BID RECEIPT DATE: MARCH 29, 2005. MOVED BY JOHNSON, SECONDED BY DOBBS. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PROCUREMENT DIVISION.

OCPPA 2. Final Plans and Specifications to be advertised, Projects PC-0285 and TC-0350, Traffic Signal and Channelization Improvements, SW 15th Street from I-44 to Portland Avenue. Ward 6.

APPROVED AND AUTHORIZED. BID RECEIPT DATE: MARCH 29, 2005. MOVED BY JOHNSON, SECONDED BY DOBBS. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PUBLIC WORKS DEPARTMENT.

3. Resolution authorizing the issuance of the Oklahoma City Public Property Hotel Tax Revenue Bonds, Series 2005 in the aggregate principal amount of not to exceed $57,000,000; waiving competitive bidding on the sale of said bonds and authorizing the sale thereof by negotiation at less than par value, including original issue discount bonds; approving the following documents and authorizing the Chairman or Vice Chairman of the authority to execute and deliver same,
to-wit: bond, purchase agreement with certificate of determination, general bond indenture Series 2005 supplemental bond indenture, security agreement, preliminary official statement, official statement, closing order and any and all other documents necessary to consummate issuance of the bonds, to include certification as to continuing disclosure by the authority; ratifying a lease agreement between the City of Oklahoma City and the Authority and agreeing that the term of same shall extend so long any of the bonds remain outstanding and unpaid; providing the determinations and bond insurance, but not requiring the same; authorizing the execution, modification and delivery of necessary documents regarding the bonds and direction of disbursements of proceeds from the sale of the bonds, including payment of the cost of issuance of the bonds as set out in the closing order.
(Three-fourths affirmative vote required to waive competitive bidding).
(Two-thirds affirmative vote required to incur indebtedness).

DEFERRED TO MARCH 15, 2005. FINANCE DEPARTMENT.

ADJOURN OCPPA.

CONVENE AS OKLAHOMA CITY ENVIRONMENTAL ASSISTANCE TRUST 8:59 a.m.
(Five affirmative votes required for approval.)

1. a. Award and approval of pricing agreement, Northeast Landfill, Inc. (C59029), disposal of waste.
AND/OR
b. Enter into Executive Session with the Municipal Counselor to discuss confidential communications concerning a pending claim regarding a settlement agreement between Northeast Landfill, Inc., American Waste, Inc., the Oklahoma City Environmental Assistance Trust and The City of Oklahoma City, as authorized by 25 O.S. (2001) §307(B)(4).

AWARDED AND APPROVED: 1. a. MOVED BY SIMANK, SECONDED BY MCATEE. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. ENTERED INTO EXECUTIVE SESSION: 1. b. MOVED BY SIMANK, SECONDED BY MCATEE. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

ADJOURN OCEAT.

RECONVENE COUNCIL MEETING.

VI. Consent Docket.

A. Amendment of pricing agreements, March 8, 2005 through June 30, 2005:

1. Alko Enterprises, Inc. (C55005), Bound Tree Medical, LLC (C55009), emergency medical service supplies.
2. Regal Plastic Company (C57020), polyethylene refuse bags.

APPROVED: A. 1-2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PROCUREMENT DIVISION.

B. Ordinances to be introduced and set for final hearing March 29, 2005:

1. (PUD-1070) 148 SW 89th Street from PUD-161A Planned Unit Development to PUD-1070 Planned Unit Development. Ward 5.
2. (PC-9936) 2900 Nantucket Road from C-3 Community Commercial to R-4 General Residential. Ward 7.

INTRODUCED AND SET FOR FINAL HEARING MARCH 29, 2005: B. 1-2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

C. Resolutions accepting the subdivision bond and dedications contained in the final plats:

1. Brighton Place Addition, Section 7, south of NW 36th Street and west of Sara Road. Ward 1.
2. Sterling Canyon Addition, north of SE 164th Street and west of Air Depot Boulevard. Ward 4.

ADOPTED: C. 1-2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

D. Resolution accepting the subdivision bond and dedications contained in the final plat of Sunny Pointe, Section 1, and acceptance of a drainage easement and a utility easement, south of Interstate 240 and east of Sunnylane Road. Ward 4.

ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

E. Resolution releasing the subdivision bond for Westlake Villas, south of Memorial Road and east of Rockwell Avenue. Ward 8.

ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

F. Resolution accepting the dedications contained in the final plat of Lone Oak Village, south of NW 164th Street and east of MacArthur Boulevard. Ward 8.

ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

G. Resolution releasing the irrevocable letter of credit for Kimberly Place II, south of NW 122nd Street and east of Council Road. Ward 8.

ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

H. Final Plans and Specifications to be advertised for bid, Project MB-0728, Additional Unit Heater, Exhaust Fan to Civic Center Music Hall, 201 North Walker. Ward 6.

APPROVED AND AUTHORIZED. BID RECEIPT DATE: MARCH 29, 2005. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PUBLIC WORKS DEPARTMENT.

I. Change Order No. 1, Project PM-0168, Utility Street Repairs, not-to-exceed $500,000. Wards 1, 2, 3, 4, 5, 6, 7 and 8.

APPROVED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PUBLIC WORKS DEPARTMENT.

J. Amendment No. 2, Project PC-0242, Harvey Avenue Street Extension, intersection of Harvey Avenue and Park Avenue, increase of $2,080. Ward 6.

APPROVED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PUBLIC WORKS DEPARTMENT.

K. Change Order No. 1 and Amendment No. 1, Street Resurfacing Contract No. PR-3-03/04, SE 59th Street, Choctaw Road to Harrah Road and South Peebly Road, SE 59th Street to SE 44th Street, increase of $62,800. Ward 4.

APPROVED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PUBLIC WORKS DEPARTMENT.

L. Acceptance of one permanent storm sewer easement and one permanent drainage easement. Wards 4 and 8.

ACCEPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PUBLIC WORKS DEPARTMENT.

M. Acceptance of Permanent and Temporary Easements, Project SC-0665, right of way for sanitary sewer main, Western Avenue, NW 185th Street to NW 206th Street. Ward 8.

ACCEPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PUBLIC WORKS DEPARTMENT.

N. Acceptance of privately constructed projects; and placing maintenance bonds into effect as of final inspection dates:

1. Five sanitary sewer projects. Wards 1,4 and 8.
2. One drainage, two paving, and two paving and drainage projects. Wards 3, 4, 5 and 8.

ACCEPTED: N. 1-2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PUBLIC WORKS DEPARTMENT.

O. Partial Release of a drainage easement for Project DD-0545, north of Memorial Road and west of Pennsylvania Avenue. Ward 8.

APPROVED AND RELEASED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PUBLIC WORKS DEPARTMENT.

P. Resolution declaring Harrison Park, 203 NE 82nd Street, surplus and abandoned for park use and authorizing staff to offer the park for sale. Ward 7.

ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PARKS AND RECREATION.

Q. Oklahoma City Airport Trust Agreements:

1. Supplemental No. 2 to Lease Agreement, Aero Oklahoma, LLC, lease of premises for an air cargo freight operation, to remove 104,782 square feet of ramp space to be returned to the Trust and adjust rentals accordingly, retroactive to March 1, 2005 through March 6, 2023, Will Rogers World Airport, $83,420 annually. Ward 3.
2. Supplemental Lease and Operations Agreement No. 1, Scott Rayburn dba: Aerospace Refinishing, lease of Hangar 4 and associated premises for operation of an aircraft refurbishment center, April 1, 2005 through March 31, 2006, Clarence E. Page Airport, $18,000 annually. Ward 3.
3. Assignment and Assumption Agreement, from Donald E. Rogers to the Donald Ed Rogers Living Trust, lease of a hangar site for storage of a privately owned aircraft, March 8, 2005 through December 31, 2009, Block 6, Lot 1, Clarence E. Page Airport. Ward 3.
4. Supplemental Agreement No. 17, Trajen Flight Support, L.P., lease of certain facilities and ground area for the conduct of a fixed base operation, to build an approximately 26,400 square foot hangar to be subleased for aircraft storage, March 8, 2005 through December 31, 2025, Wiley Post Airport. Ward 1.
5. U.S. Government Lease for Real Property, United States of America, General Services Administration for the Department of Homeland Security, Transportation Security Administration, lease of 2,737 square feet of space for use as offices and meeting and break space, retroactive to March 1, 2005 through February 28, 2010, terminal building Will Rogers World Airport, $71,818.92 annually. Ward 3.

APPROVED: Q. 1-5. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. DEPARTMENT OF AIRPORTS.

R. Easement Agreement with Duke Energy Field Services, LP, to install, operate and maintain a pipeline serving producing wells located on Airport property and carrying natural gas and its byproducts across Airport property, Wiley Post Airport. Ward 1.

APPROVED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. DEPARTMENT OF AIRPORTS.

S. Resolution declaring a 2000 Ford Taurus, City Equipment No. 0012373 (V.I.N. 1FAFP5326YG187267) surplus property due to a vehicular accident which totaled the vehicle; authorizing the General Services Director or designee to execute transfer of the title to Farmers Insurance Company in exchange for settlement of the property damage by the Municipal Counselor or designee; and providing for deposit of insurance proceeds.

ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. MUNICIPAL COUNSELOR’S OFFICE.

T. Joint Request for Proposal to be advertised for bids with the Oklahoma City Public Property Authority, dental benefit plan(s) for The City of Oklahoma City and participating public trust employees, retirees, and eligible dependents, effective January 1, 2006.

APPROVED AND AUTHORIZED. PROPOSAL RECEIPT DATE: APRIL 12, 2005. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PERSONNEL DEPARTMENT.

U. Request for Proposals to be advertised, underwriter services for the General Obligation Refunding Bonds Series 2005.

APPROVED AND AUTHORIZED. PROPOSAL RECEIPT DATE: MARCH 15, 2005. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. FINANCE DEPARTMENT.

VII. Concurrence Docket.

A. Concurrence with the Oklahoma City Water Utilities Trust in approving Change Order No. 2, Project WC-0418, improvements and expansion of Draper Water Treatment Plant from 90 MGD to 124 MGD, 13700 South Douglas Boulevard, increase of $76,897.06. Ward 4.

CONCURRED. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

B. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment to Agreement with SYSTECH, Inc., additional services related to database development, data mapping and conversion for the Utility Billing and Customer Information System.

CONCURRED. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

C. Concurrence with the Oklahoma City Water Utilities Trust in appointing a Selection Committee for (OCWUT 15-05) Utility Billing System Vendor.

CONCURRED. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

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

1. Choctaw-Nicoma Park Public School District, 47 -passenger handicap accessible bus, (nine schools), $68,800. Choctaw and Nicoma Park.
2. Midwest City-Del City School District, partial roof replacement, Carl Albert Junior High School, 2515 South Post Road, $312,693.36. Midwest City.
3. Midwest City-Del City School District, partial roof replacement, Highland Park Elementary School, 5301 South Dimple Drive, $99,345. Ward 4.
4. Midwest City-Del City School District, partial roof replacement, Jarmon Junior High School, 5 MacArthur Drive, $327,189.15. Midwest City.
5. Midwest City-Del City School District, Performing Arts Center remodel, Midwest City High School, 213 Elm Drive, $230,050. Midwest City.
6. Midwest City-Del City School District, partial roof replacement, Tinker Elementary School, 4402 McNarney Avenue, $84,027. Ward 4.
7. Midwest City-Del City School District, partial roof replacement, Townsend Elementary School, 4000 Epperly Drive, $70,929. Del City.
8. Moore Public School District, paving, sidewalks, millwork, fire/security equipment and telephone equipment, Wayland Bonds Elementary School, 14025 South May Avenue, $413,508.64. Ward 5.
9. Putnam City School District, security access, (18 schools), $246,229. Wards 1, 2, 3, 8, Bethany and Warr Acres.
10. Putnam City School District, stadium upgrade, Putnam City High School, 5300 NW 50th Street, $1,710,528. Ward 1.
11. Yukon Public School District, 20 acres of land, North 7th Street and Wagner Road, $98,000. Yukon.

CONCURRED: D. 1-11. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. MAPS PROJECT OFFICE.

E. 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. 2, Project EB-0001, new Douglass High School and Stadium, 900 North Martin Luther King Avenue, increase of $31,036.43. Ward 7.

CONCURRED. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. MAPS PROJECT OFFICE.

F. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trusts in adopting resolutions authorizing expenditure of sales tax funds to purchase:

1. Project ES-T005, Symantec Anti-virus Software for the Oklahoma City Public School District, $175,479.50.
2. Project ES-T006, server to support Symantec Anti-virus Software for the Oklahoma City Public School District, $15,357.

CONCURRED: F. 1-2. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. MAPS PROJECT OFFICE.

G. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in receiving the Revised Sales Tax Projections Report and the Suburban Schools Projected Sales Tax Revenue Report.

CONCURRED. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. MAPS PROJECT OFFICE.

VIII. Items Requiring Separate Votes.

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

1. (ABC-581) ABC-1 Alcoholic Beverage Consumption, Restaurant with Limited Alcohol overlaying C-3 Community Commercial, 7601 South Walker Avenue. Ward 5.

ADOPTED WITHOUT EMERGENCY. ORD. #22,671. MOVED BY SIMANK, SECONDED BY WHITE. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

2. (PC-9926) 14801 South Western Avenue from AA Agricultural to R-1 Single Family Residential. Ward 5.

ADOPTED WITHOUT EMERGENCY. ORD. #22,672. MOVED BY SIMANK, SECONDED BY WHITE. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

3. (PC-9927) 5811 South High Avenue from R-1 Single Family Residential to I-2 Moderate Industrial. Ward 4.

ADOPTED WITHOUT EMERGENCY. ORD. #22,673. MOVED BY WHITE, SECONDED BY MCATEE. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

4. (PC-9928) 1120 East Reno Avenue from R-1 Single Family Residential to I-3 Heavy Industrial. Ward 7.

ADOPTED WITHOUT EMERGENCY. ORD. #22,674. MOVED BY JOHNSON, SECONDED BY WHITE. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

5. (PUD-1052) 3200 South Shields Boulevard from R-2 Medium Low Density Residential and I-3 Heavy Industrial to PUD-1052 Planned Unit Development. Ward 7.
Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY. ORD. #22,675. APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

6. (PUD-1053) 1528 NW 9th Street from R-3 Medium Density Residential to PUD-1053 Planned Unit Development. Ward 6.

ADOPTED WITHOUT EMERGENCY. ORD. #22,676. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

7. (PUD-1057) 8900 West Hefner Road from R-1 Single Family Residential to PUD-1057 Planned Unit Development. Ward 1.
Planning Commission approval subject to the Summary of Technical Evaluation as amended.

ADOPTED WITHOUT EMERGENCY. ORD. #22,677. APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

8. (PUD-1058) 6901 NW 122nd Street from PUD-61 Planned Unit Development to PUD-1058 Planned Unit Development. Ward 8.
Planning Commission approval subject to the Summary of Technical Evaluation as amended.

ADOPTED WITHOUT EMERGENCY. ORD. #22,678. APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY DOBBS, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

9. (PUD-1065) 11701 North Coltrane Road from R-A Single Family Rural Residential to PUD-1065 Planned Unit Development. Ward 7.
Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY. ORD. #22,679. APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

10. (SPUD-347) 4200 Hemingway from SPUD-218 Simplified Planned Unit Development to SPUD-347 Simplified Planned Unit Development. Ward 2.

DEFERRED TO MARCH 15, 2005. PLANNING DEPARTMENT.

11. (SPUD-349) 2741 NW 36th Street from SPUD-291 Simplified Planned Unit to SPUD-349 Simplified Planned Unit Development. Ward 2.

ADOPTED WITHOUT EMERGENCY. ORD. #22,682. MOVED BY JOHNSON, SECONDED BY WHITE. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

B. Ordinances on final hearing (emergency) recommended for approval:

1. (CE-639) closing SE 60th Street, SE 60th Terrace and SE 61st Street, east of Crosspointe Drive. Ward 4.

ADOPTED WITHOUT EMERGENCY. ORD. #22,683. MOVED BY WHITE, SECONDED BY DOBBS. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

2. (CE-640) closing Engle Road across Interstate 40 and SE 36th Street west of Douglas Boulevard. Ward 4.

ADOPTED WITHOUT EMERGENCY. ORD. #22,684. MOVED BY WHITE, SECONDED BY DOBBS. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

3. (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.

ADOPTED WITHOUT EMERGENCY. ORD. #22,680. MOVED BY WHITE, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

C. Ordinance on final hearing (emergency) recommended for approval, (SN-042) changing the name of Carverdale Drive to Frederick Douglass Avenue. Ward 7.

ADOPTED WITHOUT EMERGENCY. ORD. #22,681. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

D. Ordinance on final hearing recommended for approval, relating to Zoning, amending Chapter 59, Article IV, Section 59-4975D(3) of the Oklahoma City Municipal Code, 2002, by extending the time allowed to complete work authorized by a Certificate of Approval issued by the Urban Design Commission.

ADOPTED WITHOUT EMERGENCY. ORD. #22,670. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

E. 1. Public hearing regarding dilapidated structures:

a. 2317 South Byers Avenue (shed) Ward 7
b. 1611 North McKinley Avenue (house) Ward 6
c. 1917 North Page Avenue (house) Ward 7
d. 1500 East Park Place (garage apartment and house) Ward 7
e. 3108 South Santa Fe Avenue (garage) Ward 7
f. 220 North Tuttle Street (house and shed) Ward 6
g. 2004 SW 9th Street (house) Ward 6
h. 1045 SE 15th Street (fence and house) Ward 7
i. 315 SE 17th Street (house) Ward 7
j. 2943 NW 18th Street (rear house) Ward 6
k. 425 SE 20th Street (fence, garage, sidewalk and slab) Ward 7
l. 2620 NE 21st Street (house) Ward 7
m. 428 SE 23rd Street (house and side fence) Ward 7
n. 700 SW 45th Street (garage) Ward 4
o. 1618 NE 8th Street (house) Ward 7
Deferred from February 22, 2005.

2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of March 9, 2005 and April 8, 2005 for commencement and completion of removal by owners.

ADOPTED AS AMENDED: E. 1. a-c, e, g-o. STRICKEN: E. 1. d and f. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. NEIGHBORHOOD SERVICES DEPARTMENT.

F. 1. Public hearing regarding unsecured structures:

a. 4913 Creekwood Terrace (house) Ward 4
b. 4604 South Drexel Avenue (house) Ward 3
c. 1612 North Marion Avenue (house) Ward 6
d. 1153 North McKinley Avenue (house) Ward 6
e. 1161 North McKinley Avenue (house) Ward 6
f. 1620 South Stonewall Avenue (house) Ward 7
g. 2820 NE Success Street (house) Ward 7
h. 220 North Tuttle Street (house) Ward 6
i. 2208 SW 9th Street (house) Ward 6
j. 649 SE 21st Street (house) Ward 7
k. 401 SW 24th Street (garage and house) Ward 6
l. 612 NW 24th Street (rear apartment building) Ward 2
m. 703 NW 24th Street (garage and house) Ward 2
n. 1000 NW 24th Street (house) Ward 2
o. 1419 NE 29th Street (house) Ward 7

2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED: F. 1. b, d-e, g-i, m. STRICKEN: F. 1. a, c, f, j-l, n-o. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. NEIGHBORHOOD SERVICES DEPARTMENT.

G. 1. Public Hearing

2. Resolution amending the Consolidated Plan to create a new funding activity using Home Investment Partnership Program funds to provide support for low-income housing tax credit applicants selected by the Council with grants awarded in $14,001 increments, Neighborhood Revitalization Strategy Area.

PUBLIC HEARING HELD: G. 1. ADOPTED: G. 2. MOVED BY JOHNSON, SECONDED BY DOBBS. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. PLANNING DEPARTMENT.

H. Resolution adopting an amendment to the Fiscal Year 2004-2005 budget for the General Fund; the Internal Service fund; the Capital Improvement Projects Fund; the Debt Service Fund; the Oklahoma City Improvement and Special Services Assessment Districts Fund; creating the Hotel Motel Tax Special Revenue Fund; correcting an error that occurred on the Asset Forfeiture Fund in the first budget amendment; and directing filing.

ADOPTED. MOVED BY DOBBS, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. FINANCE DEPARTMENT.

I. 1. Resolution establishing a financing plan, authorizing the publication of a notice of public hearing and authorizing the City Manager to negotiate a bond purchase agreement for the issuance of General Obligation Refunding Bonds, Series 2005.

ADOPTED: I. 1. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON AND DOBBS. FINANCE DEPARTMENT.

2. Resolution to be introduced and set for final hearing March 22, 2005, providing for the sale and issuance of general obligation refunding bonds in the sum not-to-exceed $105,000,000 by The City Of Oklahoma City, State of Oklahoma, for the purpose of refunding certain outstanding General Obligation Bonds of the City; waiving competitive bidding for the bonds; prescribing form of bonds; providing for a bond issue designated “General Obligation Refunding Bonds, Series 2005”; providing for registration thereof; appointing a registrar for the issue; providing levy of an annual tax for payment of principal and interest on the bonds; approving a continuing disclosure agreement; fixing other details of the issue; and approving an escrow agreement.

INTRODUCED AND SET FOR FINAL HEARING MARCH 22, 2005: I. 2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. FINANCE DEPARTMENT.

J. Resolution relating to the proceeds of “General Obligation Refunding Bonds, Series 2002”; approving an escrow agreement securing certain outstanding bonds of the City; and providing for the expenditure of funds.

ADOPTED. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. FINANCE DEPARTMENT.

K. Resolution approving the incurrence of indebtedness by the Oklahoma City Public Property Authority by the issuance of Hotel Tax Revenue Bonds, Series 2005 relating to the improvement at the City’s fairgrounds leased to the Authority; authorizing the sale of said bonds by the Authority at negotiated sale and at a price less than par; ratifying a lease of the fairgrounds and authorizing extensions, if necessary; approving a security agreement relating to the hotel tax; a continuing disclosure agreement; and containing other provisions related thereto.
(Two-thirds affirmative vote required to incur indebtedness).

DEFERRED TO MARCH 15, 2005. FINANCE DEPARTMENT.

L. Joint Resolution with the Oklahoma City Water Utilities Trust approving the Water and Wastewater utilities Department Encroachment Policy and Procedures; and authorizing implementation.

ADOPTED. MOVED BY JOHNSON, SECONDED BY DOBBS. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

M. Enter into executive session with the Municipal Counselor, to discuss litigation in the District Court of Oklahoma County action styled Deborah McCathern v. The City of Oklahoma City, Case No. CJ-2001-9726, as authorized by 25 O.S. (2001) §307(B)(4).

ENTERED INTO EXECUTIVE SESSION. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. MUNICIPAL COUNSELOR’S OFFICE.

N. Enter into Executive Session with the Municipal Counselor to discuss confidential communications concerning a pending claim regarding a settlement agreement between Northeast Landfill, Inc., American Waste, Inc., the Oklahoma City Environmental Assistance Trust and The City of Oklahoma City, as authorized by 25 O.S. (2001) §307(B)(4).

ENTERED INTO EXECUTIVE SESSION. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. MUNICIPAL COUNSELOR’S OFFICE.

O. 1. Claims recommended for denial:

a. Brenda Campbell $262.50
b. Cathy Johnston $284.63
c. Aimee Knight $300,000
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: O. 1. a-c. NO ACTION TAKEN: O. 2. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. MUNICIPAL COUNSELOR’S OFFICE.

IX. A. 1. Claims for Approval,

a. Carolyn Daniel $64.95
b. Integris BMC $186
c. Integris BMC $186
d. Ronald Powell $451.24
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-d. NO ACTION TAKEN: A. 2. MOVED BY JOHNSON, SECONDED BY SIMANK. AYES: VICE-MAYOR MARRS, MCATEE, WHITE, SIMANK, JOHNSON, AND DOBBS. MUNICIPAL COUNSELOR’S OFFICE.

X. Items from Council.

Councilman McAtee invited residents of Westbury South and surrounding areas to a neighborhood meeting, tonight at 7:00 p.m. at the Church of the Good Shepherd. Public Works Director Paul Brum, in conjunction with Triad Design, will be presenting conceptual designs of the I-40 and Britton Road interchange. He encouraged citizens to attend.

Councilman White expressed concern about motorcycling around Lake Draper. He noted the motorcycling activities are not compatible with other recreational uses of the lake, such as fishing and camping. He expressed concern regarding the confinement of motorcycle activity to a smaller area, stating it may be more detrimental. Councilman White requested staff consider a contingency plan. Also, he had the opportunity this past week to reflect on how much he has enjoyed being an Oklahoma City Councilman, especially regarding his interaction with staff. He is thankful for the support staff provides to Council and the work employees do on behalf of the citizens. He appreciates his fellow councilmen and working for the citizens of Oklahoma City.

Councilwoman Simank announced the Pothole Posse Program is operating during March and April, fixing potholes throughout the City. She thanked City Manager James Couch and Mr. Brum for their contributions toward this program.

Councilwoman Simank thanked City Church, for her recent visit to the Pershing Center. She reported she and her husband took a tour and ate dinner there. She stated the food was good and it is a clean center. She reported the Pershing Center is a model program that helps homeless people with employment and transportation. She encouraged the community to support this facility.

The next day, Councilwoman Simank attended a leadership class at the Pershing Center and ate breakfast there, too. After a second tour of the facility, the group went to Mark Twain Elementary School for a music recital. She commented the staff has made tremendous strides in educating the children and their families, increasing the number of students who complete their high school education. Several years ago, Mark Twain Elementary School had one of the worst high school completion statistics in Oklahoma City. She reported the children performed in a music recital that included drums and flutes, reading their own music.

Councilwoman Simank reported there was a celebration commemorating the completion of the streetscape project at historic Capitol Hill.

Councilwoman Simank thanked Mr. and Mrs. Jackie Cooper for their contributions toward the Red Tie Aids Fundraiser. She attended the banquet on Saturday night at the Cox Business Center, with approximately 1,000 guests in attendance. Historically, the event has raised over $500,000 a night.

Councilwoman Simank thanked the City Manager for the report regarding the Graffiti Removal Program. She has noticed graffiti “popping up” near NW 16th Street and Drexel Avenue, NW 16th Street and May Avenue; and just west of May Avenue on NW 23rd Street. The locations were referred to staff for follow-up.

Councilwoman Johnson asked whether the Graffiti Removal Program could recover its costs from property owners. Code Enforcement Supervisor Charles Locke responded, noting State Statutes prevent the City from recovering its costs.

Councilwoman Johnson reported she has seen an increase in stray dogs. She encouraged the public to take unwanted animals to Animal Welfare on SE 29th Street. Also, she received a phone call from a concerned citizen regarding pit bull fighting. The citizen stated the pit bulls were being allowed to fight until the death and the carcasses were being dumped at an undisclosed location within Ward 7. Councilwoman Johnson would like to address this problem in the future.

Councilwoman Johnson noted today is the anniversary of Dr. Martin Luther King’s march on Selma, Alabama and today also is recognized as International Woman’s Day.

Councilwoman Johnson reported the Oklahoma City Zoo was recently named one of the top three family friendly zoos in the nation. She reported the San Diego Zoo is loaning two Koala bears, Nariha and Kiley to the Oklahoma Zoo. Southwest Airlines will be delivering fresh eucalyptus twice a week to the zoo for the Koalas. She encouraged residents to visit the zoo to view this temporary Koala exhibit.

Councilman Dobbs wanted the citizens to know that Public Works Director Paul Brum provides tours for new council members. Mr. Brum focuses on the councilman’s ward and assists the new council members with any questions they may have concerning public works. If problems arise, he meets the councilman in the field to answer the question or develop a policy that solves the problem.

Councilman Dobbs requested a trailer be run on Channel 20 with the Pothole Posse phone number. He suggested public service announcements on the radio and television.

Councilman Dobbs reported he has a meeting tomorrow, with the superintendent of Deer Creek schools regarding a street-widening project on Portland Avenue. The schools have expressed a concern about not having a traffic signal at their entrance.

Councilman Dobbs announced he would reside over the ribbon cutting ceremony at the grand opening of Books a Million on Memorial Road on Saturday.

Councilman Dobbs is looking forward to the City working with the State on the highway project and 150th Street widening project. All citizens who live near 150th Street and Memorial Road are grateful to see the work beginning.

Councilwoman Johnson thanked the Pothole Posse, as well. The “Posse” will be working on Saturdays, so she encouraged citizens to drive safely when they come upon a working crew. Also, she noted there are potholes at Triple X Road and NE 178th Street. She said the potholes are enormous.

Councilwoman Johnson addressed the public regarding the 23rd Street Revitalization, noting work should begin on Phase I in June. She asked the residents to be patient. Phase I will cover I-235 to North Bath.

Councilman Dobbs announced the Oklahoma Metro Area Senior Games are starting soon. The games will include age classifications from 50-85 years. He encouraged seniors to participate.

Councilman Dobbs recognized Allan Storjohann, Myriad Botanical Gardens Manager, whom received the Oklahoma Horticulture Society’s highest honor. He encouraged citizens to visit the Myriad Botanical Gardens to see why he is so highly regarded.

XI. City Manager’s Reports.

A. Follow-up on Restoration of the Graffiti Removal Program.

XII. Citizens to be Heard.

Stephen M. Florentz, 3709 NW 59th Street, announced he has been talking to screenwriters regarding his book. He asked about filming if movie rights were sold. The Council referred Mr. Florentz to the State Film Commission under the Lieutenant Governor’s Office. Also, he reported a bird carcass on Northwest Expressway. Councilman Dobbs congratulated Mr. Florentz on being a published author regarding his Vietnam experience.

Bob O’Day, 2001 NW 41st Street, was present to protest item VIII. A. 10. SPUD-347. Vice-Mayor Marrs reported the item was deferred to March 15, 2005. Council referred Mr. O’Day to his councilman, Sam Bowman, Ward 2.

Will Bandele, 717 NE 20th Street, reiterated his request to City Council to move council meetings to an evening schedule. He reported State Representative Mike Shelton announced his initiative to support economic development in the northeast quadrant of the City. He encouraged the City Council to support Representative Shelton’s proposal. Councilwoman Johnson responded to Mr. Bandele’s comments regarding evening meetings, noting she ran on that platform in 1989. She reported no one came to the evening meetings. As a result, when Cox Communications became the public channel, Council’s means of communicating to the public was to film the meetings. This allows the public to either watch it live or during a re-broadcast. Councilwoman Johnson stated the City works very hard toward economic development and noted Councilman McAtee is chairperson of the Economic Development Committee. She welcomed Representative Shelton’s support of economic development in the northeast quadrant.

Ella White, 121 North Tuttle Street, spoke in regards to dilapidated and unsecured structures, 220 North Tuttle Street. Vice-Mayor Marrs stated item VIII. E.1.f. was stricken. Councilwoman Simank stated item VIII. F.1.h. was approved and Ms. White will have thirty days to secure the structure. She referred Ms. White to Code Enforcement for assistance.

XI. Adjournment 10:35 a.m.

ATTEST:

____________________________
Gary Marrs
Vice-Mayor

____________________________ ___________________________
Frances Kersey James D. Couch
City Clerk City Manager