THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

JUNE 15, 2004

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on June 11, 2004.)

    I. Invocation and Pledge of Allegiance.

PASTOR ROBERT S. METCALFE

HILLCREST UNITED METHODIST CHURCH

PLEDGE LED BY COUNCILMAN LIEBMANN

   II. Call to Order.  8:37 a.m.

MAYOR CORNETT PRESIDING.

ALL MEMBERS PRESENT.

  III. From the Office of the Mayor.

     A. Resolution of Commendation for Police Sergeant David Wilson for heroic acts.

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

     B. Resolution of Commendation for Jhavonne Pope who is the 6A State Track Champion.

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

     C. Resolution of Commendation for Emily Jabour Stapleton a Southwest Preparatory Conference record winner.

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

PROCLAIMED: June 18, 19, and 20, 2004 as “Aerospace America Days”.  Received by Don Dennis, President of Aerospace America International Airshow Board of Directors.

   IV. A. Receive Journal of Council Proceedings for May 25, June 2 and 8, 2004.

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

     B. Approve Journal of Council Proceedings for May 18, 2004.

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

    V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING.  8:58 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY.  8:58 a.m.

(Majority of a Quorum required for approval)

          1. Contract for architectural services with The Small Group, LLC, Project MB-0643, Bricktown Police Sub- Station, 219 East Main Street, fee of $135,010.  Ward 7.

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

     2. Audit contract with PricewaterhouseCoopers LLP, provide audit services, not to exceed $12,210, fiscal year 2003-04. 

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

  OCMFA. 3. Resolution adopting The City of Oklahoma City Investment Policy and authorizing the City Treasurer to provide investment services.

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

          4. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2000-18548F, styled: Keith A. King, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

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

     5. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2004-00659F, styled: Brent Kennedy, 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 Order to Judgment as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution.

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

     6. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2002-10921A, styled: Patricia Howard, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

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

  OCMFA. 7. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2002-16247L, styled: Neva Lee Owens, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, filed May 12, 2004, 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 in the event the Order is Joint Petitioned.

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

     8. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2002-16602A, styled: Jackie William Edmonson, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

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

     9. 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. 2003-08262F, styled: Jimmy Lee Hatfield, II, 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 LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  FINANCE DEPARTMENT.

  OCMFA. 10. 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. 2004-00874K, styled: Terry Waddle, 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 LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  FINANCE DEPARTMENT.

          11. 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. 2004-07072K, styled: Ryan B. Brotherton, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and authorizing the Municipal Counselor to assist said counsel in the rendition of said 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 LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  FINANCE DEPARTMENT.

ADJOURN OCMFA.  8:58 a.m.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY.  8:58 a.m.

(Five of nine affirmative votes required for approval.)

     1. Specifications to be advertised for bids:

          a. One ice resurfacer (B50000), Ford Center, fiscal year 2004-05.

          b. Golf course maintenance supplies (B57032), fiscal year 2004-05.

APPROVED AND AUTHORIZED:  1. a,b.  BID RECEIPT DATE JUNE 29, 2004:  1. a.  BID RECEIPT DATE JULY 13, 2004:  1. b.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PROCUREMENT SERVICES DIVISION.

OCPPA. 2. Audit contract with PricewaterhouseCoopers LLP, provide audit services, not to exceed $22,385, fiscal year 2003-04.

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

     3. Resolution adopting The City of Oklahoma City Investment Policy; and authorizing the City Treasurer to provide investment services.

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

ADJOURN OCPPA.  8:58 a.m.

CONVENE AS OKLAHOMA CITY ENVIRONMENTAL ASSISTANCE TRUST.  8:58 a.m.

(Five of nine affirmative votes required for approval.)

     1. Ratify and approve Addenda No. 1 and 2 and award and approve pricing agreement, First Maintenance Company (C59004), street sweeping services, July 1, 2004 through June 30, 2009.

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

     2. Amendment No. 2 to contract for engineering services with the Oklahoma City Water Utilities Trust, Project WT-0047 and Project ST-0089, Water and Wastewater Utilities Vulnerability Assessment and Emergency Operations Plan, all water, wastewater and solid critical waste facilities, collection and distribution system City-wide, including remote lakes and the Atoka pipeline, no increase.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

OCEAT. 3. Audit contract with PricewaterhouseCoopers LLP, provide audit services, not to exceed $7,095, fiscal year 2003-04.

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

     4. Resolution adopting The City of Oklahoma City Investment Policy; and authorizing the City Treasurer to provide investment services.

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

ADJOURN OCEAT.  8:58 a.m.

RECONVENE COUNCIL MEETING.  8:58 a.m.

   VI. Consent Docket.

          A. Resolution declaring one 1993 Ford Interstater with triple flail mower (City ID# 9361092), obsolete and surplus to the needs of The City of Oklahoma City, and authorization to trade-in the equipment, with the purchase from State Contract of one new Interstater with triple flail mower from Central New Holland, Inc. (S4-SW40190), $55,629.

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

          B. Ordinances to be introduced and set for final hearing July 7, 2004:

          1. (ABC-563) ABC-2 Alcoholic Beverage Consumption, Restaurant With Alcohol overlaying C-3 Community Commercial, 3315 NW Expressway, Suite C.  Ward 2.

          2. (PC-9872) 701 and 723 NW 85^th Street, 908 NW 84^th Street, and 1023 NW 85^th Street from R-1 Single Family Residential to I-1 Light Industrial and I-2 Moderate Industrial.  Ward 2.

          3. (PC-9873) 245 NW 94^th Street from R-1 Single Family Residential to I-1 Light Industrial.  Ward 7.

   VI. B. 4. (PC-9889) 5403 Beverly Drive from O-2 General Office, C-3 Community Commercial, I-1 Light Industrial, and I-2 Moderate Industrial to R-4 General Residential.  Ward 7.

          5. (PUD-995) 3300-3616 NW 178^th Street from R-1 Single Family Residential to PUD-995 Planned Unit Development.  Ward 8.

          6. (PUD-996) 3101-3229 North Bryant Avenue from I-2 Moderate Industrial to PUD-996 Planned Unit Development.  Ward 7.

          7. (PUD-998) 11200-11348 SW 15^th Street and 1600-2224 South Mustang Road from AA Agricultural to PUD-998 Planned Unit Development.  Ward 3.

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

          C. Surveyor’s Certificates and Correction of Plats for:

          1. Muirfield Village II, south of NW 164^th Street and west of May Avenue.  Ward 8.

          2. Prairie Ridge Addition, Section 8, north of SE 89^th Street and east of Sooner Road.  Ward 4.

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

     D. Resolution approving the Second Amendment to the fiscal year 2003-04 Community Development Block Grant Operating Agreement with Neighborhood Alliance and authorizing the allocation of $10,000 in fiscal year 2004-05 funds for technical assistance to low- and moderate-income neighborhoods for grant writing and Building Block activities, allowing services to continue until a new contract is awarded.

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

   VI. E. Resolution approving fiscal year 2003-04 Neighborhood Matching Grants from the Community Development Block Grant Program to Cleveland Neighborhood Association, $10,000; and Park Estates North/Cashions Wildewood Neighborhood Association, $10,000.  Wards 2 and 7.

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

          F. Resolutions approving a Murrah District Economic Development Loan from the Supplemental Community Development Block Grant Funds to:

          1. North American Compressor Corporation, partial costs of manufacturing facility upgrade, 24 Park Place, $55,500.  Ward 7.

          2. Renaissance Partners, LLC, housing rehabilitation and new construction, 810-816 NW 7^th Street, $202,500.  Ward 6.

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

          G. 1. Resolution designating Oklahoma City Housing Services Redevelopment Corporation as a Community Housing Development Organization and allocating $85,603.74 in fiscal year 2003-04 Community Housing Development Organization funds and $25,000 in fiscal year 2003-04 Community Housing Development Organization operating funds, Paseo Historic District.  Ward 2.

          2. Resolution designating Neighborhood Services Organization Inc., as a Community Housing Development Organization and allocating $25,000 in fiscal year 2003-04 Community Housing Development Organization operating funds, Weed and Seed Program Area.  Wards 3 and 6.

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

   VI. H. Resolution amending the Housing Rehabilitation Loan Policy regarding inheritance of property mortgaged to The City, providing for loan assumption by heirs, or persons claiming to be heirs; and providing all assumed loans are to be repaid using existing criteria for setting payments; provided property used for rent purposes payments shall exclude the individuals personal housing expense.

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

     I. Resolution allocating $87,753.43 in Home Investment Partnership Program funds to Red Rock Behavioral Health Services, new transitional living home construction, 118 NW 32^nd Street.  Ward 2.

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

     J. Mutual Cooperation Agreement with Oklahoma County to provide funds for the development of a Master Plan to guide development and infrastructure improvement to areas on NW 10^th Street and NE 10^th Street and to areas surrounding St. Anthony Hospital; and defining the terms for reimbursement of funds by Oklahoma County to the City of Oklahoma City, not to exceed $85,000, June 15, 2004 through June 30, 2004.  Wards 6 and 7.

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

     K. Final plans and specifications to be advertised for bids, Project BC-0121, bridge rehabilitation, NE 4^th Street over the North Canadian River.  Ward 7.

APPROVED AND AUTHORIZED.  BID RECEIPT DATE:  JULY 13, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

   VI. L. Final specifications to be advertised for bids:

          1. Project PM-0162, street repairs.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

          2. Contract No. PR-3-03/04, street resurfacing, SE 59^th Street, Choctaw Road to Harrah Road; and South Peebly Road, SE 59^th Street to SE 44^th Street.  Ward 4.

APPROVED AND AUTHORIZED:  L. 1,2.  BID RECEIPT DATE JULY 7, 2004:  L. 1.  BID RECEIPT DATE JULY 13, 2004:  L. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

          M. Change Order No. 1, Project BC-0157, small bridge replacement, increase of $39,102.60.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

     N. 1. Amendment No. 2 and Change Order No. 2, Project DC-0152, drainage improvements to a tributary of Lightning Creek, SW 71^st Street and Indiana Avenue to SW 67^th Street and Western Avenue, increase of $49,158.69.  Ward 5.

          2. Final acceptance, Project DC-0152, drainage improvements to a tributary of Lightning Creek, SW 71^st Street and Indiana Avenue to SW 67^th Street and Western Avenue; and placing maintenance bond into effect.  Ward 5.

APPROVED:  N. 1.  ACCEPTED AND PLACED IN EFFECT:  N. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

          O. Amendment No. 1 to contract for architectural services, Project MB-0644, Police Headquarters Building Repairs, 701 Colcord Drive, fee increase of $61,000.  Ward 6.

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

   VI. P. Amendment No. 2 and Change Order No. 2, Project PC-0234 and Project WC-0471, SW 25^th Streetscape Improvements, SW 25^th Street from Shields Boulevard to Walker Avenue, increase of $103,120.  Wards 6 and 7.

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

     Q. Ordinance to be introduced and set for final hearing June 22, 2004, relating to Vehicles for Hire; amending Chapter 56 of the Oklahoma City Municipal Code, 2002, by enacting a new Article III to be entitled “Carriages”; providing the definition of carriages; establishing business license and operating requirements; providing for driver’s permit requirements; and amending Chapter 60 by enacting a new Section 60-56-12 of Article I of Title 56 of Chapter 60 by establishing fees related to carriage business licenses and driver’s permit fees.

DEFERRED TO JULY 20, 2004.  PUBLIC WORKS DEPARTMENT.

          R. Final acceptance, Project PC-0246, streetscape improvements, NW 16^th Street from Classen Boulevard to Pennsylvania Avenue; and placing maintenance bond into effect.  Ward 6.

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

          S. Acceptance of projects and placing maintenance bonds into effect as of the final inspection dates:

          1. Nine privately constructed sanitary sewer projects.  Wards 1, 2, 4, 6, 7 and 8.

          2. Nine privately constructed sanitary sewer projects.  Wards 3, 5, and 8.

          3. Nine privately constructed sanitary sewer projects.  Wards 2, 5, 6, and 8.

          4. Nine privately constructed sanitary sewer projects.  Wards 1, 5, and 8.

          5. Nine privately constructed paving and drainage projects.  Wards 2, 5 and 8.

          6. Eight privately constructed paving and drainage projects, and one privately constructed storm sewer project.  Wards 1, 2, 3, 5 and 8.

   VI. S. 7. Two privately constructed paving projects, one privately constructed storm sewer project and six privately constructed paving and drainage projects.  Wards 1, 4, 5, 7 and 8.

          8. One privately constructed storm sewer project and five privately constructed paving and drainage projects.  Wards 3, 4, 5 and 8.

ACCEPTED AND PLACED IN EFFECT:  S. 1-8.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

     T. Acceptance of two permanent sanitary sewer easements.  Wards 3 and 4.

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

          U. Acceptance of permanent easement, Project SC-0465, sanitary sewer improvements, SW 29^th Street between Robinson Avenue and Shields Boulevard, $20,000.  Ward 7.

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

          V. Partial Release of sanitary sewer easement, Project SD-1590, north of SE 89^th Street and east of Sooner Road.  Ward 4.

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

          W. Acceptances of:

          1. Permanent easement, Project PC-0206, street widening, Reno Avenue and Czech Hall Road, $300.  Ward 3.

          2. Permanent and temporary easements, Project PC-0226, street widening, South Eastern Avenue, SE 59^th Street to I-240.  Ward 4.

   VI. W. 3. Temporary easements, Project PC-0241, street improvements, Meridian Avenue, Reno Avenue to North Canadian River.  Ward 3.

ACCEPTED:  W. 1-3.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

     X. Receive Consultant Review Committee Report, Bridge Rehabilitation, Project BC-0148, I-40 at Cimarron Road and I-40 at Rockwell Avenue; Project BC-0151, I-44 at NW 10^th Street and I-44 at NW 16^th Street; Project BC-0153, eastbound Memorial Road east of MacArthur Avenue; Project BC-0159, I-44 at NW 23^rd Street, I-44 at SW 29^th Street and I-44 at NW 36^th Street; and authorization to negotiate contracts.  Wards 1, 2, 3, 6 and 8.

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

     Y. Preliminary Report, Project PC-0256, NE 23^rd Street-scape and Street Improvements, Bath Avenue to I-35; authorization to prepare amendment to the contract for engineering services; and authorization to prepare final plans and specifications.  Ward 7.

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

         Z. Revocable Pipeline Permit for New Dominion, L.L.C., to construct and maintain two 18-inch pipelines, three six-inch pipelines, one 12-inch pipeline, and three eight-inch casings for electric conduit, South Bryant Avenue, south of the centerline of SE 59^th Street, June 15, 2004 through May 1, 2005.  Ward 4.

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

   VI.        AA. Joint Resolution amending joint contract with the Central Oklahoma Transportation and Parking Authority and Lippert Brothers, Inc., Project MC-0135, Galleria Parking Garage Expansion, NE corner of Sheridan Avenue and Hudson Avenue; and Project PC-0242, Harvey Avenue Street Extension, to expedite processing of change orders, amendments and payment applications; establishing change order amounts; and establishing that Central Oklahoma Transportation and Parking Authority and City staff shall coordinate the reduction of any retainage amount.

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

         BB. Ordinance to be introduced and set for final hearing June 22, 2004, relating to the General Schedule of Fees; amending Chapter 60 of the Oklahoma City Municipal Code, 2002, by amending Section 60-38-23 which establishes the fees for special permits to utilize City property, to define nonprofit organization and to establish a new subsection reserving the authority to provide other fee terms by written agreement approved by the City.

INTRODUCED AND SET FOR FINAL HEARING JUNE 22, 2004.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

    CC. Joint multi-year pricing agreement with the Oklahoma City Water Utilities Trust, MeadWestVaco Corporation (C49077), and Altivia (C49079), carbon for water and wastewater treatment plants, June 15, 2004 through June 30, 2004.

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

     DD. Artist-in-Residence Project Contracts:

          1. Oklahoma Arts Council, accepting a $500 Artist in the Communities Grant, Performing Arts Summer Program, Northwest Optimist Center, 3301 North Grand Boulevard, $200 in City matching funds.  Ward 2.

   VI. DD. 2. Oklahoma Arts Council, accepting a $3,000 Artist in the Communities Grant, Performing Arts Summer Camp Program, Northwest Optimist Center, 3301 North Grand Boulevard, $1,200 in City matching funds.  Ward 2.

APPROVED:  DD. 1,2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PARKS AND RECREATION DEPARTMENT.

          EE. Joint Resolution with the Myriad Gardens Authority accepting the gift of the granite helix display water fountain donated by the Myriad Gardens Foundation to honor Ms. Kris Frankfurt.  Ward 6.

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

          FF. Oklahoma City Airport Trust Agreements:

          1. Assignment and Assumption Agreement, from Sierra Aviation, Inc., dba Million Air to Trajen Flight Support, L.P., Lease and Operations Agreement, lease of facilities and associated premises for the conduct of a Fixed Base Operation, June 30, 2004 through January 31, 2022, Wiley Post Airport.  Ward 1.

          2. Lease Agreement with Marilynn Campbell and Paul Cohagan, lease of premises for construction of an individual aircraft hangar to be used for storage of privately owned aircraft, retroactive from June 1, 2004 through December 31, 2008, Block 6, Lot 3, Clarence E. Page Airport.  Ward 3.

          3. Service Agreement, Travelers Aid Society of Oklahoma, Inc., funding of the full-time volunteer coordinator position for the volunteer information program in the Terminal Building, July 1, 2004 through June 30, 2005, $53,400, Will Rogers World Airport.  Ward 3.

   VI. FF. 4. Supplement No. 6 to Lease Agreement, PWA, Inc., lease of ground space for aircraft hangar facilities, to remove 16,612 square feet of taxiway space from the leased premises and return it to common use for all tenants and adjust rental accordingly, Wiley Post Airport, June 15, 2004 through July 31, 2023, $31,162.88 annually.  Ward 1.

APPROVED:  FF. 1-4.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  DEPARTMENT OF AIRPORTS.

     GG. Receive the Oklahoma City Airport Trust fiscal year 2004-05 Budget.

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

     HH. Contract with the Town of Valley Brook, to provide fire suppression services, $28,000 in revenue, July 1, 2004 through June 30, 2005.

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

          II. Audit contract with PricewaterhouseCoopers LLP, provide audit services, not to exceed $212,830, fiscal year 2003-04.

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

     JJ. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2000-18548F, styled: Keith A. King, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

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

   VI. KK. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2002-00659F, styled: Brent Kennedy, 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 Order to Judgment as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution.

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

     LL. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2002-10921A, styled: Patricia Howard, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

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

     MM. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2002-16247L, styled: Neva Lee Owens, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, filed May 12, 2004, 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 in the event the Order is Joint Petitioned.

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

   VI. NN. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2002-16602A, styled: Jackie William Edmonson, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

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

          OO. 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. 2003-08262F, styled: Jimmy Lee Hatfield, II, 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 LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  FINANCE DEPARTMENT.

     PP. 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. 2004-00874K, styled: Terry Waddle, 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 LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  FINANCE DEPARTMENT.

   VI. QQ. 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. 2004-07072K, styled: Ryan B. Brotherton, Claimant vs. The City of Oklahoma city, Respondent, an Own Risk Carrier, and authorizing the Municipal Counselor to assist said counsel in the rendition of said 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 LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  FINANCE DEPARTMENT.

     RR. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $3,500 and all costs of the action in the Oklahoma County District Court in the claim filed by Kathryn Green, Barbara Warden and Sandra Henderson.

          2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,079.61 and all costs of the action in the Oklahoma County District Court in the claim filed by OG&E.

          3. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,523.63 and all costs of the action in the Oklahoma County District Court in the claim filed by OG&E.

          4. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $184,277.44 and all costs of the action in the Oklahoma County District Court in the claim filed by Lisa Patterson.

          5. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $752.78 and all costs of the action in the Oklahoma County District Court in the claim filed by Southwestern Bell Telephone.

   VI. RR. 6. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $6,000 and all costs of the action in the Oklahoma County District Court in the claim filed by Louise Walls.

ADOPTED:  RR. 1-6.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

  VII. Concurrence Docket.

     A. Concurrence with the Oklahoma City Water Utilities Trust in approving plans and specifications to be advertised for bids, Project WC-0428, 6-inch water main replacement, I-44 and Chicago Street between NW 39^th Terrace and NW 42^nd Street, from Linn Avenue to Altadena Avenue.  Ward 2.

CONCURRED.  BID RECEIPT DATE:  JUNE 29, 2004.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     B. Concurrence with the Oklahoma City Water Utilities Trust and the Oklahoma City Environmental Assistance Trust in approving Amendment No. 2, to contract for engineering services, Project WT-0047 and Project ST-0089, Water and Wastewater Utilities Vulnerability Assessment and Emergency Operations Plan, all water, wastewater, and solid critical waste facilities, collection and distribution systems, including remote lakes and the Atoka pipeline, no increase.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

  VII. C. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 3, to contract for engineering services, Project WC-0418, Improvements and Expansion of Lake Draper Water Treatment Plant, 13700 South Douglas Boulevard, fee increase of $83,150.  Ward 4.

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

     D. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment and Restatement of Lease and Easement Agreement with Midwest Cellular Telephone Limited Partnership dba AT&T Wireless Services, to sub-lease space on the U.S. Cellular tower north of Lake Hefner Water Treatment Plant, west of Portland Avenue.  Ward 8.

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

     E. Concurrence with the Oklahoma City Water Utilities Trust in approving Change Order No. 2, Project WC-0400, 36-inch water main relocation, Eastern Avenue from SE 59^th Street to SE 44^th Street, increase of $7,620.17.  Ward 4.

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

     F. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contract to Southwest Water Works, LLC, Project WC-0432, 6-inch and 8-inch water main replacement, Hickory Stick Road to Blue Sage Road along Lamp Post Lane, $359,550; approving contract and bonds; and authorizing execution upon receipt of signed originals from the contractor.  Ward 8.

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

  VII. G. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution declaring an emergency, Project SC-0691; ratifying approval of construction plans; waiving formal competitive bidding procedures; utilization of informal sealed bidding procedures; determination of lowest responsible bidder; awarding contract to Urban Contractors, Inc.; $91,850; emergency 36-inch sanitary sewer crossing replacement; NW 160^th Street and Western Avenue; ratifying issuance of an emergency work order; and approving contract and bonds.  Ward 8.

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

     H. Concurrence with the Oklahoma City Water Utilities Trust in accepting Project WC-0476, access manways for water mains, South Douglas Boulevard from SE 134^th Street to SE 164^th Street; and placing maintenance bond into effect.  Ward 4.

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

     I. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution recommending the Oklahoma City Public Schools Board of Education approve Change Order No. 2, Project EB-0012, New Douglass High School and Stadium Early Site Package, 900 North Martin Luther King Avenue, decrease of $3,000; and recommending final acceptance of the project.  Ward 7.

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

     J. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolutions recommending the Oklahoma City Public Schools Board of Education approve real estate purchase agreements and authorize payments to Oklahoma City Title and Abstract Company, for sale and closing costs:

          1. Project EB-0005, New Grant High School, 1507 SW 51^st Street, $45,697.  Ward 4.

  VII. J. 2. Project EB-0005, New Grant High School, 1519 SW 51^st Street, $63,998.  Ward 4.

          3. Project EB-0005, New Grant High School, 1535 SW 51^ST Street, $47,828.  Ward 4.

          4. Project EB-0005, New Grant High School, 1601 SW 51^st Street, $41,396.  Ward 4.

          5. Project EB-0005, New Grant High School, 1617 SW 51^st Street, $42,608.  Ward 4.

          6. Project EB-0005, New Grant High School, 1637 SW 51^st Street, $40,588.  Ward 4.

CONCURRED:  J. 1-6.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  MAPS PROJECT OFFICE.

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

          1. Crooked Oak Public School District, purchase backboards and goals, Crooked Oak High School, 1901 SE 15^th Street, $3,144.  Ward 7.

          2. Crooked Oak Public School District, purchase and install new chain link fence around the football stadium, Crooked Oak High School, 1901 SE 15^th Street, $3,696.  Ward 7.

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

VIII. Items Requiring Separate Votes.

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

     1. (PUD-985) 100-336 SW 79^th Street from PUD-846 Planned Unit Development to PUD-985 Planned Unit Development.  Ward 5.

          Deferred from May 4 and June 2, 2004.

     Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,478.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY FOSHEE, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

VIII. A. 2. (PUD-987) 3800 North I-44 Service Road from I-2 Moderate Industrial to PUD-987 Planned Unit Development.  Ward 2.

     Deferred from June 2, 2004.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,479.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY BOWMAN, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

     3. (SPUD-332) 808-816 NW 50^th Street from O-2 General Office and C-3 Community Commercial to SPUD-332 Simplified Planned Unit Development.  Ward 2.

     Deferred from June 2, 2004.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,480.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY BOWMAN, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       B. Ordinance on final hearing (emergency) recommended for denial (five of nine affirmative votes required for approval), (PUD-990) 8701 South May Avenue from O-2 General Office to PUD-990 Planned Unit Development.  Ward 5.

     Deferred from June 2, 2004.

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

       C. Ordinance on final hearing, relating to the General Schedule of Fees; amending Chapter 60 of the Oklahoma City Municipal Code, 2002; amending Title 57, Article V, Section 60-57-20, Stormwater Drainage; amending various fee amounts in said Title and Article; and providing an effective date of July 15, 2004.

ADOPTED.  ORD. #22,477.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, MCATEE, SIMANK, JOHNSON AND LIEBMANN.  ABSENT: BOWMAN, RINEHART AND FOSHEE.  PUBLIC WORKS DEPARTMENT.

VIII. D. 1. Public hearing regarding dilapidated structures:

          a. 1632 NW 9^th Street (house)  Ward 6

          Deferred from May 18, 2004.

          b. 1206 NW 26^th Street (house)  Ward 2

          Deferred from May 18, 2004.

          2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of June 16, 2004 and July 16, 2004 for commencement and completion of removal by owners.

ADOPTED:  D. 1. b.  STRICKEN: D. 1. a.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, MCATEE, SIMANK, JOHNSON AND LIEBMANN.  ABSENT: BOWMAN, RINEHART AND FOSHEE.  NEIGHBORHOOD SERVICES DEPARTMENT.

     E. 1. Public Hearing.

          2. Resolution to be introduced and set for final hearing June 22, 2004, regarding appropriations for the Fire Department for fiscal year 2004-05; stating Council’s intent regarding General Fund appropriations for the Fire Department; stating Council’s intent regarding Fire Sales Tax appropriations for the Fire Department; and approving certain Fire Sales Tax expenditures and/or projects; including Fire “listed” and “other” projects:

          Exhibit “A” - Funding 200 positions for uniformed firefighters, estimated at $16,569,196;

          Exhibit “B” - Purchase or maintenance of firefighting tools and equipment, $1,362,468;

          Exhibit “C” - Fire Compensation Project, not to exceed $10,758,961;

          Exhibit “D” - Fire Support Personnel Project, not to exceed $400,745.

PUBLIC HEARING HELD:  E. 1. INTRODUCED AND SET FOR FINAL HEARING JUNE 22, 2004:  E. 2.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, MCATEE, SIMANK, JOHNSON AND LIEBMANN.  ABSENT: BOWMAN, RINEHART AND FOSHEE.  FIRE DEPARTMENT.

VIII. F. 1. Public Hearing.

          2. Resolution to be introduced and set for final hearing June 22, 2004, regarding appropriations for the Police Department for fiscal year 2004-05; stating Council’s intent regarding General Fund appropriations for the Police Department; stating Council’s intent regarding Police Sales Tax appropriations for the Police Department; and approving certain Police Sales Tax expenditures and/or projects; including Police “listed” and “other” projects:

          Exhibit “A” - Funding 219 positions for uniformed police officers, estimated at $16,986,658;

          Exhibit “B” – Purchase, maintenance, and operation costs for 192 fully equipped new police cars; maintenance and operation costs to replace the police motorcycle fleet, $606,380;

          Exhibit “C” - Police Compensation, not to exceed $9,620,738;

          Exhibit “D” - Police Legal Services, not to exceed $137,383;

          Exhibit “E” - Police Non-Commissioned Support Personnel, not to exceed $1,153,961;

          Exhibit “F” - Mobile Data Equipment Maintenance, not to exceed $187,496;

          Exhibit “G” - Overage Recruit Salaries, Materials, and Services, not to exceed $1,332,536;

          Exhibit “H” - Vehicle Maintenance, not to exceed $655,190;

          Exhibit “I” - Automated Fingerprint Identifi-cation System, not to exceed $142,591;

          Exhibit “J” - DNA Laboratory, not to exceed $226,096;

          Exhibit “K” - Capital Facilities Renovation, not to exceed $1,388,912.

PUBLIC HEARING HELD:  F. 1.  INTRODUCED AND SET FOR FINAL HEARING JUNE 22, 2004:  F. 2.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, MCATEE, SIMANK, JOHNSON AND LIEBMANN.  ABSENT: BOWMAN, RINEHART AND FOSHEE.  POLICE DEPARTMENT.

VIII. G. 1. Public Hearing.

          2. Resolution adopting the fiscal year 2004-05 annual budget establishing revenue and expenditure budgets for all City departments.

PUBLIC HEARING HELD:  G. 1.  ADOPTED AS AMENDED:  G. 2.  (AMENDMENT: $25,000 WILL BE MOVED FROM CONTINGENCY INTO TRANSIT SUBSIDY FOR SHARE-FARE PROGRAM.)  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  ABSENT: RINEHART.  FINANCE DEPARTMENT.

     H. Revocable Permit for holding the “Juneteenth” celebration, June 18-19, 2004, sponsored by Eastside Capitol Gateway Foundation, Inc., Martin Luther King Boulevard, between NE 21^st Street and NE 23^rd Street.  Ward 7.

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

     I. Permit to conduct aerial demonstration, within the corporate boundaries of The City of Oklahoma City, Aerospace America International Airshow, Inc., dba Aerospace America 2004 and Trade Exposition, Will Rogers World Airport, June 18, 19 and 20, 2004.  Ward 3.

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

       J. Extension of collective bargaining agreement with the American Federation of State, County, and Municipal Employees, Local 2406.

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

VIII. K. 1. Resolution authorizing Richard C. Smith, Assist-ant Municipal Counselor, to represent and defend former City employees Walt Wilhelm, David McBride, Robert Wilder, and Harold Campbell in the case of David Johns Bryson vs. Robert H. Macy, et al., United States District Court for the Western District of Oklahoma, Case No. CIV-04-622-F.

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

       L. 1. Resolution authorizing the Municipal Counselor to prepare and file a Journal Entry of Judgment Without Admitting Liability in the case of Paul Ferguson vs. The City of Oklahoma City, Oklahoma County District Court, Case No. CJ-2002-1645.

          AND/OR

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

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

       M. Enter into Executive Session with the Municipal Counselor to discuss the upcoming Settlement Conference in the case of Rodric Carr, Jr. vs. Castle, et al., Case No. CIV-01-124-C, in the United States District Court for the Western District of Oklahoma, as authorized by 25 O.S. (2001) §307(B)(4).

ENTERED INTO EXECUTIVE SESSION.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  INSTRUCTIONS WERE GIVEN.  MUNICIPAL COUNSELOR’S OFFICE.

VIII. N. 1. Claims recommended for denial:

          a. Michael Shawn Caughron  $1,229.87

          b. Employers Claim Adjustment Services, Inc.  Unknown Amount

          c. Otis Hammons III  $800

          d. Aaron Stepp  $600

          e. James Thompson  $46

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

   IX. A. 1. Claim for Approval,

          Deretress Harding  $631.23

          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.  NO ACTION TAKEN:  A. 2.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  MUNICIPAL COUNSELORS OFFICE.

    X. Items from Council.

       A. Resolution providing for the reappointment of Special Judges Kelly L. Cornelius, Marilyn Olivo Coulson, P. Kay Floyd, R. Steven Haught, Kay Allen Hurley, Donald Kiffin, Bruce MacDougall, Jack D. McCurdy, II, James C. Peck, Thomas J. Steece, Tom R. Stephenson, Steven L. Tolson, Sharon Voorhees and Gail L. Wettstein, to the Oklahoma City Municipal Court, July 1, 2004 through June 30, 2006.

          Council Judiciary Committee.

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

    X.

Mr. Marrs asked whether Valley Brook provides a subsidy to Emergency Medical Services Authority.  Mr. Marrs also wanted to know about the legality of charging for EMS calls. 

Mr. Couch said he would do a follow-up report on the Valley Brook issue. 

Mr. Marrs said he was pleased about the proposed collaboration between the Fire Department and Neighborhood Services to improve code enforcement.  He commended the Fire Department for willingly assisting with this effort.

Mr. Bowman explained the pilot program being proposed to collaborate the forces of the Fire Department and Neighborhood Services as it relates to code enforcement in Wards 2 and 7.  He said the pilot program is a partnership between the Fire Department and Neighborhood Services.  He said while the Fire Department is out on call they will look for obvious fire hazards like tall grass, debris piles, and junk vehicles and then post a courtesy notice flag in the front yard.  He said within one week, the Fire Department will go back to see if the fire hazards were removed and, if not, Neighborhood Services will contact the citizen to continue the legal enforcement process. 

Mike Anderson, with the International Association of Firefighters, spoke briefly about the proposed pilot program.  He thanked the City Manager for resolving some initial concerns.  He said the firefighters are anxious to get the pilot started.

Mr. Bowman said Fire Stations 18 and 20 would be participating in the pilot.  He said in 90 days an evaluation would be done to ascertain the effectiveness of the program.

Mr. Bowman said he attended a meeting yesterday at Tom & Jerry’s restaurant on NW 23^rd Street hosted by the Neighborhood Alliance.  He said many neighborhood association leaders, Mayor Cornett, Police Chief Citty, Councilmen Marrs and McAtee, and Councilwoman Johnson were in attendance. 

Mr. McAtee thanked Mr. Bowman for mentioning the Neighborhood Alliance luncheon meeting.  He said it was stressed at the meeting just how critical neighborhood associations are in the health and vitality of The City.  Mr. McAtee encouraged citizens to participate in neighborhood association activities.

    X.

Mr. McAtee said Windsor Hills is hosting a picnic tonight at Will Rogers Park and Classic Corbin Park is also holding a neighborhood meeting tonight.  Mr. McAtee said Westbury Neighborhood Association is holding a special meeting Thursday night to discuss how a major re-paving project impacts the neighborhood.  Mr. McAtee said the Hilldale Neighborhood Association is also having a meeting on Thursday night.

Mr. McAtee said on Sunday his family had the opportunity to witness first hand the effectiveness of our emergency services.  He said his father-in-law suffered a stroke and the Fire Department responded quickly and EMSA transported him to the hospital.  Mr. McAtee thanked everyone involved with providing care to his father-in-law.

Mr. Rinehart thanked Judge William Manger for the tremendous job he’s done with the Municipal Court.

Mr. Foshee said he attended a meeting with the southwest Oklahoma City homebuilders.  He said he is always encouraged with the level of cooperation he receives from these builders/developers.

Mr. Foshee reminded everyone to honor all fathers this weekend on Father’s Day.

Ms. Simank said it is obvious that Summer time is in full force with all the picnics and outdoor events being held.  She said Mesta Park held a picnic last week and Linwood neighborhood had a band and picnic on Saturday night.  Ms. Simank said last night the Heronville neighborhood celebrated their 12^th anniversary as an organized neighborhood.

Ms. Johnson said the National League of Cities conference she attended last week was very good and the participants were interesting and innovative. 

Ms. Johnson thanked Judge Manger for his management of the Municipal Courts and for the way he has changed public opinion about the Courts.

Ms. Johnson thanked Emergency Medical Services Authority and the Firefighters for providing input into the process of developing the pilot program. 

Ms. Johnson said a press conference would be held today at 1:30 p.m. to discuss the Master Plan for the development of NW 10^th Street and St. Anthony’s.

    X.

Ms. Johnson recognized Catlin Sullivan, a boy scout attending the City Council meeting as partial requirement for a merit badge.  Ms. Johnson promised to send him a tape of his televised appearance. 

Mr. Liebmann said Judge Manger has done a wonderful job managing the night court.  He thanked all the other judges who are contributing to the success as well.

Mr. Liebmann said the Water Trust is meeting today at 2:00 p.m. and will be voting on a $155 million budget.

Mr. Liebmann said the Will Rogers Swimming Pool is now open.

Ms. Simank recognized Ken Ford, with Legal Aid Services of Oklahoma Inc., for assisting citizens in a public defender capacity as they go through the municipal court system.

   XI. Citizens to be Heard.

Stephen Florentz, 3709 NW 59^th Street, spoke about accessing Council videotapes and bicycle safety at Lake Hefner.

  XII. City Manager Reports.

     A. Open Cases in Municipal Court

     B. Oklahoma City Clinic/PacifCare of Oklahoma

     C. PacifCare of Oklahoma and the Oklahoma City Clinic Contract Non-Renewal

XIII. Adjournment.  10:25 a.m.

 

Mick Cornett, Mayor    

ATTEST:

 

Frances Kersey, City Clerk

 

James D. Couch, City Manager