THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

FEBRUARY 8, 2005

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

      I.   Invocation and Pledge of Allegiance.

PASTOR STEVE KERNS, OLIVET BAPTIST CHURCH

PLEDGE LED BY JERRY FOSHEE

     II.   Call to Order. 8:36 a.m.

MAYOR MICK CORNETT PRESIDING.

ALL MEMBERS PRESENT.

    III.   From the Office of the Mayor.

          A.   Appointment of Julie Hall and Mark Sullivan to the Oklahoma City Zoological Trust.

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

          B.   Appointment of Kay Bickham to the Central Oklahoma Transportation and Parking Authority.

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

PROCLAIMED:     The week of February 7-15 as “MARRIAGE WEEK” received by Ed and Donna Edwards, Oklahoma Marriage Network Coalition and Shawn Cawley, Oklahoma Marriage Initiative.

Mayor Mick Cornett recognized Adonna Meyer, Program Director and Youth Councilors: Laura Flinton, Natasha Chaundry, Ward 1; Dyland Edwards, Maggie Chong, Ward 2; Victoria Adigun, John Treadwell, Ward 3; and Marquita Robinson, Ward 4.

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

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

          B.   Approve Journal of Council Proceedings for January 18, 2005.

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

      V.   Request for Uncontested Continuances.
RECESS COUNCIL MEETING.
CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY. 8:56 a.m.
(Majority of a Quorum required for approval)
              1.   Resolution authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of Workers’ Compensation Court Claim No. 2004-01876H styled:  Sally Kathryne Little, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

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

ADJOURN OCMFA.
CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY. 8:56 a.m.
(Five affirmative votes required for approval.)
          1.   Final plans and specifications to be advertised, Project MB-0722, carpet replacement to Cox Business Services Convention Center, Phase III, One Myriad Gardens.  Ward 7.

APPROVED AND AUTHORIZED.  BID RECEIPT DATE: MARCH 1,2005. MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PUBLIC WORKS DEPARTMENT.

ADJOURN OCPPA.
RECONVENE COUNCIL MEETING.
     VI.   Consent Docket.
                   A.   Resolution authorizing the sole source purchase of Invensys Niagra Framework controls from Automated Building Systems (SS5-C56078), estimated cost $40,000, remainder of fiscal year 2004-05.

      

ADOPTED.  MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PROCUREMENT SERVICES DIVISION.

                   B.   Resolution approving agreement, R.K. Black, Inc. (C54076), lease and maintenance of one Ricoh AF2035 digital copier, February 8, 2005 through June 30, 2005.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PROCUREMENT SERVICES DIVISION.

            C.   Pricing agreement award and approval, Special Ops Uniform, Inc. (C56079), soft body armor, February 8, 2005 through June 30, 2005.

APPROVED AND AWARDED.  MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PROCUREMENT SERVICES DIVISION.

       D.   1.   Ordinance to be introduced and set for final hearing March 15, 2005 (CE-644) closing the north end of Platinum Lane between Copper Creek Addition and Fenwick Addition, south of NW 172nd Street.  Ward 8.
               2.   Resolution establishing a date for enactment of said ordinance and determining those entitled to notice.

ADOPTED.  D. 1-2. MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.

  VI.    E.   Resolution accepting the irrevocable letter of credit and dedications contained in the final plat of Marble Leaf, Section 2, south of NW 150th Street and east of Pennsylvania Avenue.  Ward 8.

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

     F.   Resolution accepting the irrevocable letter of credit and dedications contained in the final plat of Marble Leaf, Section 3, and acceptance of an off-site utility easement, south of NW 150th Street and east of Pennsylvania Avenue.  Ward 8.

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

            G.   Resolution releasing the subdivision bond for River Bend Estates, Section 10, north of NW 63rd Street and west of Council Road.  Ward 1.

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

            H.   Resolution accepting the dedications contained in the final plat of Lavender Wood, north of NE 122nd Street and east of Bryant Avenue.  Ward 7.

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

            I.   Ratify and approve Addendum No. 1 and award of contract to Trade Mechanical Contractors, Inc., Project MB-0724, 420 West Main Building Improvements – HVAC piping replacement, $339,896; and approving contract and bonds.  Ward 7.

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

 VI.   J.   Amendment No. 1, Project PM-0162, street repairs, increase not to exceed $500,000.  Wards 1, 2, 3, 4, 5, 6, 7, and 8.

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

    K.   Amendment No. 2, Project MP-0258, playground improvements, Girvin Park, 3300 NW 17th Street, Grant Corbin Park, 1300 NW 14th Street, J.B. Black Park, 2121 North Council Road, and Lytle Park, 801 Greenvale Road, increase of $654.80.  Wards 1, 3, and 6.

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

            L.   Amendment No. 2, Project DC-0138B, drainage improvements, Cloverleaf Creek, NW 56th Street and Pennsylvania Avenue, west to Villa Avenue, south of NW 55th Terrace, increase of $112,077.  Ward 2.

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

        $   M.   Change Order No. 3, MAPS Project MC-0206A, Canal Hardscape Improvements, Phase II Base Bid “A”, Santa Fe Railroad Track, from California Avenue southeast to Stiles Avenue, increase of $11,187.69.  Ward 7.

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

    N.   Utility Relocation Agreement with Duke Energy Field Services, L.P., Project PC-0226, STP-55B(803)AG,J/P14365(04), street widening for cutting and capping natural gas pipelines, Eastern Avenue, I-240 to SE 59th Street, $960.  Ward 4.

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

 VI.   O.   Lease Agreement with the Oklahoma City Riverfront Redevelopment Authority and the Oklahoma City Boathouse Foundation, south of I-40, north of the Oklahoma River, west of Byers Avenue, and south of Canal Zone G.  Ward 7.

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

     P.   Resolution declaring the necessity for acquiring and owning permanent easement, Project DC-0166, storm drainage channel, SE 64th Street and Shields Boulevard.  Ward 5.

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

            Q.   Acceptance of permanent and temporary easements, Project WC-0469, waterline construction, Western Avenue, Hefner Road to NW 192nd Street.  Wards 2 and 8.

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

            R.   Acceptance of permanent easements,     Project WC-0468, waterline construction, Britton Road from County Line Road to Morgan Road.  Ward 1.

      

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

            S.   Acceptance of privately constructed projects and placing maintenance bonds into effect as of the final inspection dates:
               1.   Fifteen water main extensions and fire hydrant installations.  Wards 2, 3, 4, 5, 6, 7, and 8.  
               2.   Fifteen water main extensions and fire hydrant installations.  Wards 1, 3, 5, 7, and 8.
               3.   Eleven water main extensions and fire hydrant installations.  Wards 1, 2, 3, 4, 5, and 8.
               4.   Fifteen water main extensions and fire hydrant installations.   Wards 1, 2, 3, 5, 6, 8, and Warr Acres.
 VI.      S.   5.   Fifteen water main extensions and fire hydrant installations.  Wards 1, 4, 5, 7, and 8.

ACCEPTED AND PLACED INTO EFFECT:  S. 1-5. MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

     T.   Ordinance to be introduced and set for final hearing February 15, 2005, relating to Parks, Recreation, Cultural Affairs, Etc., of The Oklahoma City Municipal Code, 2002, amending Chapter 38, Article IV, Division 1, Section 38-85, definitions; Section 38-92, driving on roadways and designated areas; Article V, lake reservations; Division 1, Section 38-134, Subsections (E) and (F) definitions for designated nonmotorized and motorized off-road vehicle areas; Section 38-160, driving on roadways and designated driving areas; Division 7, camping; Section 38-299, authority of the director; and Division 9, off-road vehicles; Section 38-305, restricted areas; Section 38-306, permits; Section 38-307, regulations and restrictions; and Section 38-308 authority of the director; amending Chapter 60, the General Schedule of Fees, Section 60-38-36 regarding prices of resale permits; Section 60-38-43, off-road vehicle permits and establishing a new Section 38-44, motorized off-road vehicle permits; and providing an effective date of May 1, 2005.

INTRODUCED AND SET FOR FINAL HEARING FEBRUARY 15, 2005. MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

            U.   Right-of-way Agreement with the Oklahoma City Water Utilities Trust and Duke Energy Field Services, L.P., setting forth the terms and conditions under which Duke will bore under Stinchcomb Wildlife Refuge and the Hefner Canal to install a natural gas pipeline.  Ward 1.

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

VI.   V.   Receive the Oklahoma Department of Environmental Quality Permit No. SL000055031214, Project ST-0087, Witcher Pump Station Improvements, East Hefner Road and North Sooner Road.  Ward 7.

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

              W.   Oklahoma City Airport Trust Agreements:
                   1.   Supplemental Agreement No. 2, Edsel W. Ford, Jr. and Patti L. Ford, lease of hangar site for storage of a privately owned aircraft, retroactive to January 1, 2005 through December 31, 2009, Block 3, Lot 10, Clarence E. Page Airport.  Ward 3.
                   2.   Supplemental Agreement No. 7, PWA, Inc., lease of ground space for aircraft hangar facilities, lease of additional premises for construction of six new buildings housing multi-condominium aircraft T-hangars for storage of privately owned aircraft, February 8, 2005 through 20 years after completion of construction, Wiley Post Airport.  Ward 1.
                   3.   Supplemental Lease and Operations Agreement No. 5, Harold Louis Smith, Jr., use of space for the operation of a shoeshine business, extending term from April 1, 2005 through March 31, 2010, Terminal Building, Will Rogers World Airport.  Ward 3.
                   4.   Supplemental Airport Use Agreement No. 3, Aeronautical Radio, Inc., dba ARINC, installation and operation of communications equipment to provide air and ground communications to aircraft, revising exhibits, Terminal Building, Will Rogers World Airport, $360 annually.  Ward 3.
                   5.   Lease Agreement with Dale Owens to lease site for construction of a hangar for storage of a privately owned aircraft, retroactive to February 1, 2005 through December 31, 2009, $630 annually, Clarence E. Page Airport.  Ward 3.

      

APPROVED. W. 1-5. MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. DEPARTMENT OF AIRPORTS.

               
 VI.       X.      Resolution declaring the cancellation of the regular Council meeting falling on Tuesday, April 19, 2005 due to the 10th anniversary of the bombing of the Alfred P. Murrah Federal Building ceremonies to be held on that date; declaring items scheduled to be heard on April 19, 2005, be heard on April 26, 2005; and directing the City Clerk to give notice of such cancellation.  

ADOPTED.  MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. CITY CLERK'S OFFICE. 

        Y.   Request for Proposals to be advertised for Cashiering                   Application System.

APPROVED AND AUTHORIZED.  RECEIPT DATE: MARCH 8, 2005. MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS.  FINANCE DEPARTMENT.

     Z.   Amendment to Professional Services Agreement with the Oklahoma City Economic Development Foundation, for economic development services, retroactive to October 15, 2004, through June 30, 2005, increase of $13,000.

APPROVED.  MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. CITY MANAGER'S OFFICE.

         VII.   Concurrence Docket.
               A.   Concurrence with the Oklahoma City Water Utilities Trust in approving specifications to be advertised for bids, Project WC-0522, Hefner Canal Diversion Building Skylights, 4201 North Stinchcomb Avenue.  Ward 1.

CONCURRED. BID RECEIPT DATE: FEBRUARY 22, 2005. MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

 VII.   B.   Concurrence with the Oklahoma City Water Utilities Trust in awarding and approving contract, G. W. Van Keppel Co. (C59021), one new latest model telescopic boom aerial platform, $56,757.

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

          C.   Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1, Project SC-0556, sanitary sewer replacement, SW 36th Street to Jo Ann Drive from Pennsylvania Avenue to Rancho Drive, increase of $10,123.23; accepting the project and placing maintenance bond into effect.  Ward 6.

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

          D.   Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 4, Project WC-0402, water main replacement, NW 23rd Street to Cashion Place, between Lyon Boulevard and Portland Avenue, increase of $14,185.  Ward 1.

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

          E.   Concurrence with the Oklahoma City Water Utilities Trust in approving Change Order No. 2:
                 1.   Project WT-0046, Phase II – Hefner Plant Improvements: Lake Intake Tower Bridge Replacement, Hefner Water Treatment Plant, 4000 NW 108th Street, increase of $5,491.  Ward 8.
                 2.   Project WC-0483, water main replacement, Oak Hollow Road from Rolling Stone Road to Twisted Oak Road, increase of $2,990.  Ward 8.

CONCURRED: E. 1-2. MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. WATER AND WASTEWATER UTILITIES DEPARTMENT.

 VII.   F.   Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contract, Project WC-0421, water main replacement, Southwest Water Works, LLC; NW 56th Street to NW 63rd Street from North Pennsylvania Avenue to North Villa Avenue, $817,528.70; and approving contract and bonds.  Ward 2.
      

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

          G.   Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution approving the final plans and specifications to be advertised for bids, Project ES-0019A, Project ES-0019B and Project ES-0019C, roof replacement projects (eight locations).  Wards 2, 3, 4, 7 and Spencer.

CONCURRED. BID RECEIPT DATE: MARCH 1, 2005. MOVED BY JOHNSON, SECONDED BY DOBBS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. MAPS PROJECT OFFICE.

          H.   Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution recommending the Board of Education of Independent School District No. 89 approve Change Order No. 2, Project EB-0005, new Grant High School, 5016 South Pennsylvania Avenue, increase of $96,125.  Ward 4.

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

          I.   Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution approving Change Order No. 3, Project ES-0004 and Project ES-0005, fire alarm systems, (nine locations), increase of $813.  Wards 2, 3, 6, and 7.

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

VIII.   Items Requiring Separate Votes.
       A.   Ordinance on final hearing (emergency) recommended for approval (five affirmative votes required for approval) (PUD-1031) 900-1124 South Czech Hall Road from R-1 Single Family Residential to PUD-1031 Planned Unit Development.  Ward 3.
                   Easement to be accepted.
                   Planning Commission approval subject to the Summary of Technical Evaluation.
                   Deferred from February 1, 2005.

   ADOPTED WITHOUT EMERGENCY.  ORD. #22,656. EASEMENT ACCEPTED. APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY MCATEE, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.

              B.   Ordinance on final hearing (emergency) recommended for approval (CE-638) closing a portion of a street right-of-way (River View Drive), east of South Portland Avenue and north of SW 22nd Street.  Ward 6.

   ADOPTED WITHOUT EMERGENCY.  ORD. #22,657. MOVED BY SIMANK, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. PLANNING DEPARTMENT.

                   C.   Ordinance on final hearing, relating to Miscellaneous Provisions and Offenses; amending Chapter 30, Article XV of the Oklahoma City Municipal Code, 2002, by creating a Division I, Curfew and Division II, Aggressive Panhandling, amending Section 30-427, and creating new Sections 30-428, 30-429, 30-430, 30-431 and 30-432, related to begging, soliciting or panhandling in an aggressive manner; providing for legislative findings; providing definitions; prohibiting the act of aggressive begging, soliciting or panhandling; and establishing the penalty for such violations.

ADOPTED. ORD. #22,655. MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. POLICE DEPARTMENT.

           
        VIII.   D.   1.   Public hearing regarding dilapidated structures:
                        a.   1313 North Land Avenue (house and shed)  Ward 6  
                    b.   1124 North St. Clair Avenue (garage)  Ward 6
                    c.   1647 NW 2nd Street (house)  Ward 6
                        d.   1940 NW 10th Street (garage)  Ward 6
                        e.   2228 NW 11th Street (house)  Ward 6
                        f.   418 SW 12th Street (house and shed)  Ward 6
                        g.   1825 NW 14th Street (house)  Ward 6
                        h.   3228 SW 21st Street (garage)  Ward 6
                        i.   101 SE 22nd Street (garage)  Ward 7
                        j.   3404 NW 22nd Street (garage)  Ward 6
                        k.   12 SW 26th Street (house, shed, travel trailer)  Ward 7
                        l.   1708 NE 26th Street (house)  Ward 7
                        m.   2430 SW 29th Street (commercial building)  Ward 6
                        n.   2434 SW 29th Street (commercial building)  Ward 6
                        o.   1909 NW 39th Street (garage)  Ward 2
                      2.   Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of February 9, 2005 and March 11, 2005 for commencement and completion of removal by owners.

   ADOPTED. D. 1. a-o.   MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. NEIGHBORHOOD SERVICES DEPARTMENT.

               E.   1.   Public hearing regarding unsecured structures:
                        a.   412 West Main Street (commercial building)  Ward 6
                        b.   2714 South Robinson Avenue (apartment building and metal storage building)  Ward 7
                        c.   1215 NW 13th Street (house)  Ward 6
                        d.   1830 NW 14th Street (garage and house)  Ward 6
                        e.   3532 SW 38th Street (house)  Ward 3
                        f.   3601 SW 43rd Street (house)  Ward 3
                     2.   Resolution declaring the structures are unsecured.

      

ADOPTED AS AMENDED. E. 1. b,c. STRICKEN: E. 1. a,d-f. MOVED BY DOBBS, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, FOSHEE, SIMANK, JOHNSON AND DOBBS. NEIGHBORHOOD SERVICES DEPARTMENT.

VIII.       F.   Resolution receiving an amendment to the Oklahoma City Comprehensive Plan 2000-2020, as approved by the Oklahoma City Planning Commission, adopting and including the NW 23rd Corridor-West Plan, NW 23rd Street from I-44 west to the City Limits, west of MacArthur Boulevard.  Ward 3.

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

          G.   1.   Resolution approving a professional services contract with Ronald Blevins of Blevins Enterprises, Inc. to analyze vehicular accident issues and to consult as a consulting expert, as requested by the Office of Municipal Counselor, and to testify as an expert witness in Thomas v. The City of Oklahoma City, Spires v. The City of Oklahoma City, and other cases or claims that may be pending or arise during the fiscal year 2004-2005, not to exceed $10,000;
                     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. G. 1. NO ACTION TAKEN: G. 2.   MOVED BY DOBBS, SECONDED BY    SIMANK. AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, SIMANK, JOHNSON AND DOBBS. ABSENT: FOSHEE. MUNICIPAL COUNSELOR'S OFFICE.

               H.   Enter into executive session with the Municipal Counselor to discuss litigation in the District Court of Oklahoma County action styled:  William L. Hohensee v. The City of Oklahoma City, et al., Case No. CJ-2004-2679, as authorized by 25 O.S. 2001 §307(B)(4).

ENTERED INTO EXECUTIVE SESSION. MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, SIMANK, JOHNSON AND DOBBS. ABSENT: FOSHEE. MUNICIPAL COUNSELOR'S OFFICE.

 
        VIII.   I.   1.   Claims recommended for denial:
                    a.   Helmsman Management Services, Inc. $4,812.14
                    b.   Jim McCollough  $218.90
                    c.   Gordon Weiss  $131
                 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. I. 1. a-c. NO ACTION TAKEN. I. 2. MOVED BY SIMANK, SECONDED BY    JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, WHITE, SIMANK, JOHNSON AND DOBBS. ABSENT: FOSHEE. MUNICIPAL COUNSELOR'S OFFICE.

     IX.   A.   1.   Claims for Approval,
                    a.   Carmen Heer  $224.42
                    b.   SBC Communications  $165.19
                    c.   SBC Communications  $454.17
                 AND/OR
2.   Enter into executive session with the Municipal Counselor to discuss the above claims as authorized by 25 O.S. (2001) §307(B)(4).

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

      X.   Items from Council.

Ms. Simank attended the Heronville Neighborhood meeting Saturday morning. They discussed issues regarding graffiti in the area of SW 25th Street from Western to Pennsylvania, continuing south to around SW 44th Street. The neighbors requested a report on the City's graffiti program. She said she understands the program is going to be re-established but doesn’t have information on when it will start. 

Ms. Simank said she has received calls from two neighborhoods that were unable to access the City’s graffiti removal program and wanted to know whom they should contact.

Mr. Couch requested the neighbors contact the City Manager’s Office. 

Ms. Simank commented she visited the skate park at about 10:00 a.m. on Saturday. She said there were a lot of kids between the ages of 11 and 18 who were not wearing helmets and stressed to the parents and those attending the skate park that helmets are required.

   X.

Ms. Johnson congratulated the Parks Department, City Manager, architect and builder on the completion of the skate park. She said it is a beautiful park and a great amenity for our City.  

Ms. Johnson thanked Mr. McAtee for mediating issues among people as well as he does and for his vision on 23rd Street. She hopes staff does not forget about the eastern part of 23rd Street. She said there is a lot of work that needs to be done on that end and that the neighborhoods that are getting publicity are not the worst neighborhoods. Ms. Johnson thinks staff needs to start looking at the northern and southern areas of NE 23rd Street especially between Kelley and I-35 to allow the opportunity for better economic development in that community.

Mr. McAtee pointed out to Council that the presentation on 23rd Street was preparatory work to get funding in the next general bond issue. 

Ms. Johnson acknowledged the loss of Jay Galt. She said Mr. Galt served on the Oklahoma City Water Utilities Trust and was a wonderful person and very active in helping the City progress. Ms. Johnson would like to present Mrs. Gault with an acknowledgement of condolences for her husband and his tremendous community services.

Ms. Johnson acknowledged the loss of Ossie Davis, activist, play writer, and actor.  

Mayor Cornett acknowledged the loss of Ron Rosser. He said Mr. Rosser was a very instrumental participant in the Oklahoma City Zoo. 

Mr. Dobbs invited everyone to attend the Topiary Exhibit at the Botanical Gardens.  He said it is marvelous.

Mr. Dobbs attended a dinner at Neighborhood Alliance. He said the Police Department’s presentation on terrorism was excellent. Everyone was very surprised about what they could do to help in the war on terror.

Mr. Dobbs congratulated the new Fire Chief and the City Manager on his appointment. He said the appointment of someone within the Fire Department speaks well for its ongoing training and mentoring program.

Mr. Dobbs commented he really needs a skate park in his ward and would be happy to take one in the next bond election.

   X.

Mr. Dobbs commended the City Manager for handling the number of calls he received on the traffic issues at John Marshall High School. He said a traffic study has been completed and that traffic lights will be placed at NW 122nd and Portland. He will notify the neighborhood associations in their next mailing. 

Mr. Dobbs suggested in the future the City explore partnering with private enterprises on locating more skate parks throughout the city.  He said in years to come, we are going to find that this is an incredibly popular place for the kids to go. The park will keep a lot of kids off the streets, private property, malls, and would not allow them to endanger anyone else if they obey safety regulations.  

Ms. Johnson said Ms. Simank thinks it would be a great economic development opportunity for someone to rent helmets near the skate park.

Ms. Johnson congratulated Valerie Thompson, Executive Director, Urban League of Greater Oklahoma City, Inc., on the organization’s success in building and selling homes.  She said The Urban League is in the process of building four new homes across the street from the fire department located on NE 21st Street and Martin Luther King Boulevard, and three of the homes have already been sold.

Mr. Foshee announced his birthday was yesterday and that he received a nice phone call from the Mayor wishing him a happy birthday. He also received a birthday card signed by Council members and a lot of cards from his constituents. He thanked everyone and said it was nice to be remembered.

Mr. Foshee thanked Debi Martin, Executive Assistant to the Council and his assistant Cheryl Humphries, Foshee & Yaffee Law Firm, for coordinating his schedules. He said they do an outstanding job.

Mr. Foshee said he received a lot of calls regarding the Harkins Theater.  People are complaining about having to pay for parking and how expensive it is to eat and attend a movie at the Harkins Theater. Mr. Foshee informed the citizens that there is free parking at the Harkins Theatre and that there are reasonably priced restaurants, to include Sonic, Nothing but Noodles and Earl’s Barbeque in the vicinity of the theater and encourages everyone to attend. He said it is one of the nicest movie theaters he has been to in some time.

Mr. White seconded Ms. Johnson’s comments about Jay Galt. He said he served on the Water Trust board with Mr. Galt years ago.  He was a fine guy, outstanding citizen and a great contributor to this City.

Mr. White commented he is looking forward to taking his youth councilors to a homeowners association meeting this evening. 

Mr. McAtee said the Police Department did a fantastic job on their presentation on terrorism at the Neighborhood Alliance the other night. He encouraged the presidents of neighborhood associations to contact their local Police Department’s Community Relations Office to come out to put on a presentation. He said Sergeant Epperly came out to Windsor Hills and did an excellent job in presenting what we as neighbors could do in the war on terrorism. 

Mr. McAtee said he received a complaint on graffiti containing obscene language along Independence between SW 44th and SW 59th Streets.  He said he reported it and was also led to believe that the graffiti abatement program was not up and running, which really needs to be done. He said it is one thing to have gang language that no one understands, but when there is obscene language, it needs to be removed. He encouraged the neighbors to call in complaints on graffiti so the City could have it abated. 

Mr. McAtee said he had the privilege of sharing a few minutes with the Association of Emerging Professionals before attending a meeting last night. The association consists of approximately 40 people who are in their twenties and want to energize and be a part of our City.  He said about 30 people in the group live in Oklahoma City and only 3 knew the name of their Council representative. He encouraged the young people to get to know their councilperson and find out what they could do to get involved with moving this city forward.

Mr. Bowman stated he appreciated the tone the Mayor set and his openness and willingness to solicit the Council’s response regarding the concerns of the ACLU. He said when people have so diverse and different opinions it often raises emotional buttons and he appreciates how Council can amicably look at them, listen to them and respect them in the same way. 

Mayor Cornett announced Mr. Marrs also had a birthday recently.

Mr. Marrs said a gentleman who lives in south Oklahoma City congratulated the City on the skate park. He said the gentleman had been taking his kid to the skate park in Edmond and appreciated the much shorter drive time. 

Mr. Marrs echoed the comments regarding the appointment of the new Fire Chief, Keith Bryant. He said Keith has been an energetic young man throughout his career and could always be counted on to volunteer to do things that no one else would. His attitude has always been whatever is best for the Fire Department and the City. He said the City Manager made an excellent choice.  

     XI.   City Manager Reports.
          A.   FY 04-05 Fund Transfer Report
                 July 1, 2004 through December 31, 2004
          B.   Subdivision Regulations Review Background

Bob Tenor, Planning Department gave a brief summary on the changes in the subdivision regulations.

    XII.   Citizens to be Heard.
   XIII.   Adjournment. 10:11 a.m.
__________________________
Mick Cornett
Mayor
ATTEST:
__________________________      _____________________________
Frances Kersey               James D. Couch
City Clerk               City Manager