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City Council

Regular Meeting

Oklahoma City, OK · December 5, 2023

Agenda

Agenda

The City of OKLAHOMA CITY FORMAL AGENDA City Council 8:30 AM December 5, 2023 David Holt, Mayor Council Members: Bradley Carter. ...................... Ward 1 James Cooper......................... Ward 2 Barbara Peck. ........................ Ward 3 Todd Stone. ............................ Ward 4 Matt Hinkle. ........................... Ward 5 JoBeth Hamon. ...................... Ward 6 Nikki Nice. .............................. Ward 7 Mark K. Stonecipher. ............ Ward 8 Craig Freeman, City Manager Amy K. Simpson, City Clerk Kenneth Jordan, Municipal Counselor 200 N. Walker • 3rd Floor • Council Chamber INFORMATION ABOUT CITY COUNCIL MEETINGS The City Council meets every other Tuesday at 8:30 a.m. in City Hall unless prior notice of a change is posted. Free parking is available at the Sheridan­Walker Parking Garage (501 West Sheridan). Parking tickets must be validated in the Mayor's/City Manager's reception area. It is the policy of the City to ensure that communications with participants and members of the public with disabilities are as effective as communications with others. Anyone with a disability who requires an accommodation, a modification of policies or procedures, or an auxiliary aid or service in order to participate in this meeting should contact the ADA department coordinator at 297­2396 as soon as possible but not later than 48 hours (not including weekends or holidays) before the scheduled meeting. The department will give primary consideration to the choice of auxiliary aid or service requested by the individual with disability. If you need an alternate format of the agenda or any information provided at said meeting, please contact the ADA department coordinator listed above 48 hours prior to the scheduled meeting. Addressing the Council Citizens may address the Council on certain items by signing up to speak and providing the agenda item number, their reason for appearing and their address, but all comments must be relevant to the item. The Mayor or presiding officer may in his or her discretion prohibit a person from addressing the Council, or have any person removed from the Council Chamber, if that person commits any disorderly or disruptive behavior. Disorderly conduct includes, but is not limited to, any of the following: speaking without being recognized by the Mayor or presiding officer; continuing to speak after notice that the speaker’s allotted time has expired; presenting comments or material not relevant to the item under discussion; failing to comply with the lawful instructions of the Mayor or presiding officer; engaging in other conduct, activity or speech that delays, pursuant to 21 O.S. §280, disruptive conduct includes any conduct that is “violent, threatening, abusive, obscene, or that jeopardizes the safety of self or others”. A person may also be subject to arrest and removal from the Municipal Building for violation of Oklahoma City Municipal Code 2020, § 30­81 – Disorderly conduct and/or violation of Okla. Stat. tit. 21, §280­ Willfully Disturbing, Interfering With or Disrupting State Business, Agency Operations or Employees. Citizens may not address the Council regarding items from “Office of the Mayor,” “Items from Council” (except for items listed for a vote or if asked for comments by a Councilmember), or items under “City Manager Reports.” Citizens may also address the Council on individual concerns, including on the listed exceptions, at the end of the agenda under “Citizens to be Heard.” Citizens to be Heard is not provided as a forum for publicly announced or declared candidates for City public office, and they will not be allowed to speak as Citizens to be Heard. Citizens will not be allowed to campaign on any political issue during the Council meeting. Comments must concern City services or policies. Please fill out a "Request to be Heard" form located outside the Chambers. Please return this form to the Council Office at the north end of the hall. PLEASE LIMIT YOUR COMMENTS TO 3 MINUTES. Continuing to speak beyond the time allowed by the Mayor or presiding officer shall constitute grounds for removal from the Council Chamber. Citizens who wish to be listed on the agenda for comments to Council may call the City Clerk's Office at 297­2397 before 4 p.m. on the Tuesday prior to the next Council meeting. Persons so listed on the agenda for comments to Council are subject to the same restrictions listed above. Persons may use City computer to make presentations to Council only if requested to do so by the Mayor, a Councilmember, or the City Manager and the device containing the presentation is provided to the City Clerk three business days in advance. Council Actions Official action can be taken only on items which appear on the agenda. The Council may adopt, approve, ratify, deny, defer, recommend, amend, strike, or continue any agenda item. When more information is needed to act on an item, the Council may refer the matter to the City Manager or the Municipal Counselor. The Council may also refer items to standing committees of the Council or to a board or commission for additional study. Under certain circumstances, items are deferred to a specific later date or stricken from the agenda entirely. Consent Docket Items listed under "Consent Docket" are usually approved as a group with the proper motion from a member of Council. Members of Council may request discussion or separate action on any item on the Consent Docket. Television and YouTube Coverage Residents can watch the City Council meeting live by going to http://youtube.com/cityofokc/live. City Council meetings can also be watched live on Cox Cable Channel 20. Meetings are replayed on Cox Cable Channel 20 Tuesday evening starting at 6:30 p.m. and 12:30 p.m. Sunday following the meeting. If there are technical difficulties with either live stream during the meeting, a video will be posted as soon as possible after the meeting. soon as possible after the meeting. THE CITY OF OKLAHOMA CITY FORMAL AGENDA CITY COUNCIL DECEMBER 5, 2023 I. Invocation and Pledge of Allegiance II. Call to Order III. From the Office of the Mayor A. Resolution of Commendation for Robin Pollock on her selection as the December 2023 South Oklahoma City Kiwanis Club Employee of the Month. B. Resolution recognizing and commending Patrick Runnels on his selection as the December 2023 Teacher of the Month by Putnam City Public Schools and Rotary Club of Oklahoma City. C. Appointment of David Moss, Stephen Hardesty, Christy Hicks and Claude Drabek to serve as members of the Mechanical Code Review and Appeals Commission. D. Appointment of Rebel Smith, Chris Cox, Joshua Cornelius and Ronny Smith to serve as members of the Plumbing Code Review and Appeals Commission. E. Resolution approving travel expenses for the Mayor to attend the U.S. Conference of Mayors Winter meeting in Washington, DC from January 17­19, 2024. (Six affirmative votes required for approval.) IV. Items from Council V. City Manager Reports A. November 2023 Sales and Use Tax Collections B. Claims and Payroll VI. Journal of Council Proceedings A. Receive Journal of Council Proceedings for November 21, 2023. B. Approve Journal of Council Proceedings for November 7, 2023. VII. Request for Uncontested Continuances VIII. Revocable Permits and Events RECESS COUNCIL MEETING CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY A. Preliminary Engineering Report, Project TC­0609, Traffic Improvements, NW 63rd Street and North Villa Avenue; and authorizing preparation of final plans and specifications. Ward 2. B. Joint Resolution with The City of Oklahoma City authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers' A. Preliminary Engineering Report, Project TC­0609, Traffic Improvements, NW 63rd Street and North Villa Avenue; and authorizing preparation of final plans and specifications. Ward 2. OCMFA. B. Joint Resolution with The City of Oklahoma City authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers' Compensation Commission Claim No. CM3­2021­03946Q styled: Sarah Farwick, 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 Joint Petition Settlement to Judgment as authorized by 85 O.S. §346, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution. C. Joint Resolution with The City of Oklahoma City authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers' Compensation Commission Claim No. 2022­0037932 styled: Erica Hiddink, 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 Joint Petition Settlement to Judgment as authorized by 85 O.S. §346, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution. D. Joint Resolution with The City of Oklahoma City authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers' Compensation Commission Claim No. CM3­2023­04211N styled: Nathan Miller, 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 Joint Petition Settlement to Judgment as authorized by 85 O.S. §346, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution. E. Joint Resolution with The City of Oklahoma City authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers' Compensation Commission Claim No. 2022­0042143 styled: David Summers, 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 Joint Petition Settlement to Judgment as authorized by 85 O.S. §346, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution. F. Joint Resolution with The City of Oklahoma City authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers' Compensation Commission Claim No. 2023­0005312 styled: Blake Webster, 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 Joint Petition Settlement to Judgment as authorized by 85 O.S. §346, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution. G. Claims and Payroll ADJOURN OCMFA CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY A. Claims and Payroll ADJOURN OCPPA RECONVENE COUNCIL MEETING IX. Consent Docket DECEMBER 5, 2023 2 A. Renewal of Professional Services Agreement with Industrial/Organizational Solutions, Inc. dba I/O Solutions, Inc. (R24­C213034), to provide Promotional RECONVENE COUNCIL MEETING IX. Consent Docket A. Renewal of Professional Services Agreement with Industrial/Organizational Solutions, Inc. dba I/O Solutions, Inc. (R24­C213034), to provide Promotional Testing and Assessment for the Police Department, estimated cost $200,000, December 8, 2023 through December 7, 2024. B. Renewal of pricing agreements, Pacific East (R24­C221063) and ISG Technology (R24­C221064), security hardware, solutions and support services, estimated cost $600,000, December 18, 2023 through December 17, 2024. C. Renewal of pricing agreements, Allstate Termite & Pest Solutions, Inc. (R24­ C226028), Erwin’s Pest Control (R24­C226030) and Safeguard Pest Control, Inc. (R24­C226031), pest and termite control services, estimated cost $85,000, December 21, 2023 through December 20, 2024. D. Renewal of pricing agreements, Barney’s, Inc. (R24­C237064), GT Distributors, Inc. (R24­C237065) and ProForce Law Enforcement (R24­C237066), police weapons and accessories, estimated cost $150,000, December 6, 2023 through December 5, 2024. E. 1. Renewal of pricing agreements, Barney’s, Inc. (R24­C227048) and ProForce Law Enforcement (R24­C227049), Sig Sauer M400 Pro Rifles or equivalent, and additional accessories, estimated cost $300,000, December 7, 2023 through December 6, 2024; and 2. Resolution authorizing the open market purchase of related items not available on a pricing agreement (OM24­C227050), estimated cost $50,000, December 7, 2023 through December 6, 2024. F. 1. Renewal of pricing agreements, Accent Painting, Inc. (R24­C236034) and All American Flooring and Painting (R24­C236035), painting services, estimated cost $500,000, December 20, 2023 through December 19, 2024; and 2. Resolution authorizing the open market purchase of related services not available on a pricing agreement (OM24­C236036), estimated cost $50,000, December 20, 2023 through December 19, 2024. G. Reassignment of pricing agreement from Irby Electric to Crawford Electric Supply Company, Inc. for electrical supplies, small unit air conditioners, fans and heaters (R24­C226011A), retroactive to December 4, 2023 through September 13, 2024. H. Reassignment of pricing agreement from Irby Electric to Crawford Electric Supply Company, Inc. (R24­C226024A), lamps, conventional and specialty, fixtures, controllers, ballasts and related items, retroactive to December 4, 2023 through October 26, 2024. I. Ordinance to be introduced and set for final hearing January 2, 2024 (PC­10906) rezoning 3850 South Prospect Avenue from C­3 Community Commercial District to I­1 Light Industrial District. Ward 4. J. Ordinance to be introduced and set for final hearing January 2, 2024 (PUD­1958) rezoning 7612 SW 74th Street from AA Agricultural District to PUD­1958 Planned Unit Development District. Ward 3. K. Ordinance to be introduced and set for final hearing January 2, 2024 (PUD­1970) rezoning 3778 South Czech Hall Road from PUD­1782 Planned Unit Development District to PUD­1970 Planned Unit Development District. Ward 3. L.Ordinance to be introduced and set for final hearing January 2, 2024 (PUD­1971) rezoning 14924 SE 104th Street from RA Single­Family One­Acre Rural Residential District to PUD­1971 Planned Unit Development District. Ward 4. DECEMBER 5, 2023 3 M. Ordinance to be introduced and set for final hearing January 2, 2024 (PUD­1972) K. rezoning 3778 South Czech Hall Road from PUD­1782 Planned Unit Development District to PUD­1970 Planned Unit Development District. Ward 3. IX. L. Ordinance to be introduced and set for final hearing January 2, 2024 (PUD­1971) rezoning 14924 SE 104th Street from RA Single­Family One­Acre Rural Residential District to PUD­1971 Planned Unit Development District. Ward 4. M. Ordinance to be introduced and set for final hearing January 2, 2024 (PUD­1972) rezoning 10400 North Sara Road from AA Agricultural District to PUD­1972 Planned Unit Development District. Ward 1. N. Ordinance to be introduced and set for final hearing January 2, 2024 (PUD­1973) rezoning 451 East Wilshire Boulevard from R­1 Single­Family Residential and PUD­936 Planned Unit Development Districts to PUD­1973 Planned Unit Development District. Ward 7. O. Ordinance to be introduced and set for final hearing January 2, 2024 (PUD­1974) rezoning 9002 SW 15th Street from R­1 Single­Family Residential District to PUD­1974 Planned Unit Development District. Ward 3. P. Ordinance to be introduced and set for final hearing January 2, 2024 (PUD­1975) rezoning 8715 Broadway Extension from PUD­1491 Planned Unit Development and PUD­921 Planned Unit Development Districts to PUD­1975 Planned Unit Development District. Ward 2. Q. Ordinance to be introduced and set for final hearing January 2, 2024 (PUD­1977) rezoning 2501 South High Avenue from PUD­1644 Planned Unit Development District to PUD­1977 Planned Unit Development District. Ward 4. R. Ordinance to be introduced and set for final hearing January 2, 2024 (SPUD­ 1509) rezoning 1603 North Classen Boulevard from R­3 Medium Density Residential District to SPUD­1509 Simplified Planned Unit Development District. Ward 6. S. Ordinance to be introduced and set for final hearing January 2, 2024 (SPUD­ 1561) rezoning 1101 South Youngs Boulevard from R­4 General Residential, I­1 Light Industrial, and Stockyards City Transitional Development Overlay Districts to SPUD­1561 Simplified Planned Unit Development and Stockyards City Transitional Development Overlay Districts. Ward 6. T. Ordinance to be introduced and set for final hearing January 2, 2024 (SPUD­ 1566) rezoning 4511 Madera Boulevard from O­2 General Office and C­3 Community Commercial Districts to SPUD­ 1566 Simplified Planned Unit Development District. Ward 4. U. Ordinance to be introduced and set for final hearing January 2, 2024 (SPUD­ 1567) rezoning 501 West Memorial Road from SPUD­824 Simplified Planned Unit Development District to SPUD­1567 Simplified Planned Unit Development District. Ward 7. V. Ordinance to be introduced and set for final hearing January 2, 2024 (SPUD­ 1568) rezoning 112 NW 15th Street from R­4 General Residential, UC Urban Conservation and HL Historic Landmark Overlay Districts to SPUD­1568 Simplified Planned Unit Development, UC Urban Conservation and HL Historic Landmark Overlay Districts. Ward 6. W. Ordinance to be introduced and set for final hearing January 2, 2024 (SPUD­ 1569) rezoning 7116 Memorial Parkway from PUD­198 Planned Unit Development District to SPUD­1569 Simplified Planned Unit Development District. Ward 8. X.Ordinance to be introduced and set for final hearing January 2, 2024 (SPUD­ 1570) rezoning 1039 NW 63rd Street from C­3 Community Commercial District to SPUD­1570 Simplified Planned Unit Development District. Ward 2. DECEMBER 5, 2023 4 Y. Ordinance to be introduced and set for final hearing January 2, 2024 (SPUD­ Development District to SPUD­1569 Simplified Planned Unit Development District. Ward 8. IX. X. Ordinance to be introduced and set for final hearing January 2, 2024 (SPUD­ 1570) rezoning 1039 NW 63rd Street from C­3 Community Commercial District to SPUD­1570 Simplified Planned Unit Development District. Ward 2. Y. Ordinance to be introduced and set for final hearing January 2, 2024 (SPUD­ 1571) rezoning 1615 NW 31st Street from R­1 Single­Family Residential District to SPUD­1571 Simplified Planned Unit Development District. Ward 2. Z. Ordinance to be introduced and set for final hearing January 2, 2024 (SPUD­ 1575) rezoning 4400 South Western Avenue from C­3 Community Commercial and R­1 Single­Family Residential Districts to SPUD­1575 Simplified Planned Unit Development District. Ward 4. AA. Ordinance to be introduced and set for final hearing January 2, 2024 (SPUD­ 1576) rezoning 105 NE 85th Street from PUD­1584 Planned Unit Development and R­1 Single­Family Residential Districts to SPUD­1576 Simplified Planned Unit Development District. Ward 7. AB. 1. Ordinance to be introduced and set for final hearing January 16, 2024 (CE­ 1107) closing a portion of a north­south alley in Block Two (2) of Orchard Park Addition, south of West Main Street and east of North Klein Avenue. Ward 6. 2. Resolution establishing a date for enactment of said Ordinance and determining those entitled to notice. AC. 1. Ordinance to be introduced and set for final hearing January 16, 2024 (CE­ 1109) closing a portion of South Drexel Avenue right­of­way, north of SW 157th Street. Ward 5. 2. Resolution establishing a date for enactment of said Ordinance and determining those entitled to notice. AD. Resolution accepting the surety bond and dedications contained in the final plat of Hefner Crossing Phase 1, south of East Hefner Road and west of North Kelley Avenue. Ward 7. AE. Resolution accepting the irrevocable letter of credit and dedications contained in the final plat of Cypress Plains Phase 2, south of NW 164th Street and east of North Council Road. Ward 8. AF. Resolution accepting the dedications contained in the final plat of Nichols Creek Duplexes, west of North County Line Road and south of NW 122nd Street. Ward 1. AG. First Amendment to the Brownfields Cleanup Revolving Loan Fund Grant Agreement with the Community Health Centers Inc, a 501c (3) non­profit organization as owner, for environmental cleanup of the site at 12700 NE 42nd Street, increase of $20,000 for a total not to exceed $70,000. Ward 7. AH. FY 2023 Choice Neighborhoods Planning Grant Agreement with the United States Department of Housing and Urban Development and the Oklahoma City Housing Authority, as Lead Grantee, to support development of a comprehensive Transformation Plan for the Will Rogers Courts housing complex and the surrounding Stockyards/Rotary Park neighborhood. Ward 6. AI. Resolution receiving an amendment to the Comprehensive Plan, assigning the Urban ­ Low Intensity Land Use Typology Area designation to a newly annexed 160­acre parcel located at the SE corner of North May Avenue and NW 206th Street. Ward 8. AJ.Resolution receiving an amendment to the Comprehensive Plan, changing the Land Use Typology Area from Urban ­ Low Intensity base designation with an Urban Future layer to Rural – Medium Intensity base designation on a 160­acre parcel DECEMBER 5, 2023 5 and west of South Rockwell Avenue. Ward 3. located north of SW 104th Street 160­acre parcel located at the SE corner of North May Avenue and NW 206th Street. Ward 8. IX. AJ. Resolution receiving an amendment to the Comprehensive Plan, changing the Land Use Typology Area from Urban ­ Low Intensity base designation with an Urban Future layer to Rural – Medium Intensity base designation on a 160­acre parcel located north of SW 104th Street and west of South Rockwell Avenue. Ward 3. AK. Resolution receiving an amendment to the Comprehensive Plan, changing the Land Use Typology Area designation from Rural – Low Intensity to Rural – Medium Intensity on an approximately 43.87­acre tract located east of North Midwest Boulevard and south of East Memorial Road. Ward 7. AL. Resolution setting a public hearing date on January 2, 2024, for public comment regarding consideration and approval of the Assessment Roll, Year 2023­2024, for the Adventure District Business Improvement Assessment District, Oklahoma City Improvement and Special Services Assessment District No. 9, commercial frontage in the general area bounded by NE 63rd Street on the north, Kelley Avenue, Grand Boulevard and Martin Luther King Avenue on the west, I­35 Highway on the east, and NE 36th Street on the south; and directing the City Clerk to provide notice of said hearing, as provided by law. Ward 7. AM. Ordinance to be introduced and set for final hearing January 2, 2024, adopting and setting the assessment roll, Year 2023­2024, for the Adventure District Business Improvement District, Oklahoma City Improvement and Special Services Assessment District No. 9, commercial frontage in the general area bounded by NE 63rd Street on the north, Kelley Avenue, Grand Boulevard and Martin Luther King Avenue on the west, I­35 on the east, and NE 36th Street on the south; establishing the time and terms of payment of the assessments and other expenses; fixing penalties to be charged for delinquent payment of the assessment; setting forth tracts or parcels of land against which the assessments are being adopted, ratified and levied; directing the City Clerk to prepare, sign, attest and record with the Office of the County Clerk of Oklahoma County within 60 days of the publication of this Ordinance, a claim of lien for any unpaid amount due and assessed against a tract or parcel of land; and providing for an effective date as of the date of adoption and passage. Ward 7. AN. Ratifying and approving Addenda Nos. 1, 2 and 3; awarding contract to Atlas Paving Company, Project PM­0304, Residential, Local, and Collector Street Resurfacing, estimated amount $2,000,000; and approving contract and bonds. Wards 1, 2, 3, 4, 5, 6, 7 and 8. AO. Amendment No. 1 and Change Order No. 2, Projects PC­0473 and WC­1027, Roadway Widening Improvements and Water Line Relocation, North Kelley Avenue from East Wilshire Boulevard to East Britton Road, increase of $669,108.50. Ward 7. AP. Renewal of Contract for Engineering Services with Smith Roberts Baldischwiler, LLC, Project MC­0719, Technical Review Services, retroactive to July 1, 2023 through June 30, 2024. Wards 1, 2, 3, 4, 5, 6, 7 and 8. AQ. General Mutual Cooperation Agreement with Board of County Commissioners of Canadian County, street improvements to streets common to The City of Oklahoma City and Canadian County, retroactive to July 1, 2023 to June 30, 2024. Wards 1 and 3. AR. Agreement with Board of County Commissioners of Cleveland County, street improvements to streets common to The City of Oklahoma City and Cleveland County, retroactive to July 1, 2023 through June 30, 2024. Wards 3, 4 and 5. AS. Road Use and Maintenance Agreement with NextEra Energy Transmission Southwest LLC, for the use of streets during construction of an electrical transmission facility. Ward 4. DECEMBER 5, 2023 6 Blue Mountain Midstream, LLC to construct, Revocable Pipeline Permit with AT. operate and maintain a 6­inch steel pipe for natural gas, crossing south of the AS. Road Use and Maintenance Agreement with NextEra Energy Transmission Southwest LLC, for the use of streets during construction of an electrical transmission facility. Ward 4. IX. AT. Revocable Pipeline Permit with Blue Mountain Midstream, LLC to construct, operate and maintain a 6­inch steel pipe for natural gas, crossing south of the intersection of South Cimarron Road and SW 59th Street and crossing south of the intersection of South Richland Road and State Highway 152. Ward 3. AU. Resolution accepting the donation of approximately 2.62 acres of land east of North Rockwell Avenue and north of NW 150th Street, Project MB­1623, New Oklahoma City Fire Station No. 10; and accepting the warranty deed. Ward 8. AV. Acceptance of one privately constructed wastewater main, Project SD­2021­ 00059, Mar A Lago Section 3, south of NW 23rd Street and west of Sara Road; and placing the maintenance bond into effect as of the final completion date. Ward 1. AW. Amendment No. 1 and Change Order No. 1, Projects PC­0909 and PC­0915, Street Resurfacing/Repair, West Hefner Road from North Pennsylvania Avenue to North Western Avenue and NW 150th Street from North Pennsylvania Avenue to North Western Avenue, decrease of $107,473.60. Ward 7. AX. Joint Resolution with the Oklahoma City Water Utilities Trust authorizing the Municipal Counselor, and assigned attorneys in the Municipal Counselor’s Office, upon their determination that it is reasonable and in the best interest of The City of Oklahoma City and the Oklahoma City Water Utilities Trust, to initiate legal proceedings where losses, expenses, damage, and other claims, up to the amount of $40,000 per claim, are due and owing to the City and/or the Oklahoma City Water Utilities Trust and to negotiate and settle such cases on behalf of the City and/or the Oklahoma City Water Utilities Trust; and authorizing the Municipal Counselor, and assigned attorneys in the Municipal Counselor’s Office, upon their determination that it is reasonable and in the best interest of The City of Oklahoma City and the Oklahoma City Water Utilities Trust, to defend, negotiate, and settle cases brought against the City and/or the Oklahoma City Water Utilities Trust where allegation of losses, expenses, damage, and other claims, do not exceed the amount of $40,000 per claimant. AY. Lease Agreement with the Oklahoma City Airport Trust and the Independent School District No. 1 of Oklahoma County, aka Putnam City School District, for the operation of a high school aviation education program, effective January 1, 2024. Ward 1. AZ. Joint Resolution with the Oklahoma City Economic Development Trust and the Oklahoma City Industrial and Cultural Facilities Trust transferring $10,000,000 of General Obligation Limited Tax Bond proceeds and/or investment proceeds, and/or Other Economic Development Funds to the Oklahoma City Industrial and Cultural Facilities Trust for the purpose of acquiring and creating one or more economic development mega sites. BA. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers' Compensation Commission Claim No. CM3­2021­ 03946Q styled: Sarah Farwick, 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 Joint Petition Settlement to Judgment as authorized by 85 O.S. §346, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution. BB.Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers' Compensation Commission Claim No. 2022­0037932 styled: Erica Hiddink, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and further authorizing the Municipal Counselor to assist said DECEMBER 5, 2023 counsel in the rendition of said7Joint Petition Settlement to Judgment as authorized by 85 O.S. §346, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution. Judgment as authorized by 85 O.S. §346, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution. IX. BB. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers' Compensation Commission Claim No. 2022­0037932 styled: Erica Hiddink, 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 Joint Petition Settlement to Judgment as authorized by 85 O.S. §346, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution. BC. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers' Compensation Commission Claim No. CM3­2023­ 04211N styled: Nathan Miller, 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 Joint Petition Settlement to Judgment as authorized by 85 O.S. §346, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution. BD. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers' Compensation Commission Claim No. 2022­0042143 styled: David Summers, 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 Joint Petition Settlement to Judgment as authorized by 85 O.S. §346, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution. BE. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers' Compensation Commission Claim No. 2023­0005312 styled: Blake Webster, 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 Joint Petition Settlement to Judgment as authorized by 85 O.S. §346, 62 O.S. §§365.1 et seq. and Article 10, Section 28 of the Oklahoma Constitution. BF. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $2,150.84 and all the costs of the action in the Oklahoma County District Court in the claim filed by Michael Peters. Ward 6. BG. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,235.20 and all the costs of the action in the Oklahoma County District Court in the claim filed by Clarence Thomas. Ward 7. X. Concurrence Docket A. Concurrence with the Oklahoma City Water Utilities Trust in approving the Plans and Specifications to be advertised for bids, Project WC­0974­2, Waterline Replacement, Villa Avenue to Virginia Avenue from NW 33rd Street to NW 28th Street and Classen Boulevard to Western Avenue from NW 51st Street to NW 46th Street. Ward 2. B. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addenda Nos. 1 and 2; awarding a contract to Matthews Trenching Company, Inc., Project SC­1078, Sanitary Sewer Rehabilitation, Lightning Creek from SE 15th Street to SE 17th Street, $897,950; and approving the contract and bonds. Ward 4. DECEMBER C. 5, 2023 8 Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1 to the Contract for Engineering Services with Carollo Engineers, Inc., Project WT­0224, Clearwell Improvements, Draper Water from SE 15th Street to SE 17th Street, $897,950; and approving the contract and bonds. Ward 4. X. C. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1 to the Contract for Engineering Services with Carollo Engineers, Inc., Project WT­0224, Clearwell Improvements, Draper Water Treatment Plant, fee increase of $3,424,077. Ward 4. D. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1 with Wynn Construction Company, Inc., Project WT­0249­2, Filter No. 11 Rehabilitation, Draper Water Treatment Plant, decrease of $30,044; accepting the project and placing the maintenance bond into effect. Ward 4. E. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1 and Change Order No. 1 with Archer Western Construction, LLC, Project WE­0102, Emergency Rehabilitation of Treatment Train No. 3 Filter Effluent and Backwash Waste Wash Water Flumes, Draper Water Treatment Plant, decrease of $46,508.83; accepting the project and placing the maintenance bond into effect. Ward 4. F. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addenda Nos. 1 through 4; adopting a Resolution extending time to award a contract; awarding a contract to Cimarron Construction Company, LLC, Project WC­1031, Waterline Aerial Crossing Replacement, south of NW 36th Street between North Grand Boulevard and West I­44 Service Road, $848,484; and approving contract and bonds. Ward 2. G. Concurrence with the Oklahoma City Water Utilities Trust in receiving Oklahoma Department of Environmental Quality Permits to Construct, Project WL000055230759, Water Main Extension, and Project SL000055230760, Wastewater Main Extension, south of East Reno Avenue and west of Eastern Avenue. Ward 7. H. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1; adopting a Resolution extending time to award contract, rejecting the lowest bid and awarding the contract to the lowest responsible bidder, Wynn Construction Company, Inc., Project WM­0389­1, Lake Hefner Ranger Station Site Improvements, 4407 South Lake Hefner Drive, $352,572; and approving the contract and bonds. Ward 2. I. Concurrence with the Oklahoma City Economic Development Trust in approving the Economic Development Agreement with Infiniti Living 1, LLC for assistance in development financing not to exceed $1,900,000 in support of the 520 W. Main Project located at 520 West Main Street, which consists of 204 apartment units and amenities that include indoor pickleball courts, swimming pool, barbecue areas, fitness center, pet spa, dog park, bike storage, laundry facility, and storage spaces that is estimated to result in a capital investment of $20,000,000. Ward 6. J. Concurrence with the Oklahoma City Economic Development Trust in adopting a Resolution approving The Boardwalk Project Economic Development Agreement and approving and authorizing the Trust’s General Manager or his or her Designee to execute any of the Master Developer’s Affiliate Assignments, Financing Assignments, Pre­completion Sales, Refinancings, and Post­completion Sales, and any necessary and related documents, to the extent the Trust’s approval is required, as authorized by and in accordance with the terms of the Agreement and with approval of the Municipal Counselor’s Office. Ward 7. K. Concurrence with the Oklahoma City Economic Development Trust in approving Economic Development Agreement with Dirt Road Films, LLC for a pay­for­ performance film incentive agreement not to exceed $1,000,000 for a proposed feature film project. L. Concurrence with the Oklahoma City Riverfront Redevelopment Authority in approving Management and Operation Agreement with Lost Lakes, LLC, to use DECEMBER 5, 2023 9 Oklahoma City Riverfront Redevelopment Authority property near Sunnylane Road, from just south of NE 10th Street to NE 23rd Street, in conjunction with performance film incentive agreement not to exceed $1,000,000 for a proposed feature film project. X. L. Concurrence with the Oklahoma City Riverfront Redevelopment Authority in approving Management and Operation Agreement with Lost Lakes, LLC, to use Oklahoma City Riverfront Redevelopment Authority property near Sunnylane Road, from just south of NE 10th Street to NE 23rd Street, in conjunction with adjacent private property, to operate an outdoor recreation and entertainment venue available to the public, revenue of $500 per month, January 1, 2024 through December 31, 2026. Ward 7. XI. Items Requiring Separate Votes A. Ordinance on final hearing (emergency) recommended for approval (five affirmative votes required for approval) (PC­10903) rezoning 9401 West Memorial Road from R­1 Single­Family Residential District to O­2 General Office District. Ward 1. B. Ordinance on final hearing (emergency) recommended for approval (five affirmative votes required for approval) (PC­10905) rezoning 1021 NW 67th Street from I­1 Light Industrial District to I­2 Moderate Industrial District. Ward 2. C. Ordinance on final hearing (emergency) recommended for approval (five affirmative votes required for approval) (PUD­1950) rezoning 13500 North Midwest Boulevard from AA Agricultural District to PUD­1950 Planned Unit Development District. Ward 7. D. Ordinance on final hearing (emergency) recommended for approval (five affirmative votes required for approval) (PUD­1965) rezoning 7900 Broadway Extension from PUD­936 Planned Unit Development, O­2 General Office, and SPUD­426 Simplified Planned Unit Development Districts to PUD­1965 Planned Unit Development District. Ward 7. Planning Commission recommended approval subject to the Summary of Technical Evaluation. E. Ordinance on final hearing (emergency) recommended for approval (five affirmative votes required for approval) (PUD­1969) rezoning 2322 NW 150th Street from PUD­1577 Planned Unit Development District to PUD­1969 Planned Unit Development District. Ward 8. F. Ordinance on final hearing (emergency) recommended for approval (five affirmative votes required for approval) (SP­581) establishing a Special Permit to operate Use Unit 8250.10 High Impact Institutional in the I­2 Moderate Industrial and AE­1 Airport Environs Zone One Overlay Districts, 6301 South MacArthur Boulevard. Ward 3. Planning Commission recommended approval subject to the Summary of Technical Evaluation. G. Ordinance on final hearing (emergency) recommended for approval (five affirmative votes required for approval) (SP­582) establishing a Special Permit to operate Use Unit 8300.33 Drinking Establishments: Sitdown, Alcohol Permitted in the C­3 Community Commercial District, 2843 SW 44th Street, Suite A. Ward 6. H. Ordinance on final hearing (emergency) recommended for approval (CE­1110) closing a portion of the north­south alley west of South Shields Boulevard and north of SE 43rd Street in Block 52 of Shields South Oklahoma City Addition. Ward 4. 1. Public hearing regarding dilapidated structures: I. a. 3324 SW Murray Drive (east shed and house and north shed and south shed) Ward 6 b. 3401 Springlake Drive (house) Ward 7 DECEMBER 5, 2023 Deferred from November 1021, 2023 c. 719 SE 22nd Street (house and shed) Ward 4 2. Resolution declaring structures are dilapidated: directing said structures to be north of SE 43rd Street in Block 52 of Shields South Oklahoma City Addition. Ward 4. XI. I. 1. Public hearing regarding dilapidated structures: a. 3324 SW Murray Drive (east shed and house and north shed and south shed) Ward 6 b. 3401 Springlake Drive (house) Ward 7 Deferred from November 21, 2023 c. 719 SE 22nd Street (house and shed) Ward 4 2. Resolution declaring structures are dilapidated: directing said structures to be torn down, establishing dates of December 6, 2023 and January 5, 2024 for commencement and completion of removal by owners. J. 1. Public hearing regarding unsecured structures: a. 1800 North Bryant Avenue aka 1802 North Bryant Avenue aka 1804 North Bryant Avenue aka 1806 North Bryant Avenue aka 1808 North Bryant Avenue (commercial building) Ward 7 b. 885 Cedardale Drive aka 885 North Cedardale Drive (house and north shed and south shed and west shed) Ward 3 c. 4300 Newcastle Road (east commercial building and west commercial building) Ward 3 d. 3852 West Park Place (detached garage and house) Ward 3 e. 918 NW 23rd Street aka 918 1/2 NW 23rd Street (garage apartment) Ward 6 f. 4148 NW 23rd Street (house) Ward 3 g. 1245 SW 26th Street aka 2612 South Blackwelder Avenue aka 2614 South Blackwelder Avenue aka 2616 South Blackwelder Avenue (garage apartment 2612) Ward 6 h. 2223 NW 38th Street (house and shed) Ward 2 i. 325 NW 89th Street (cellar and house) Ward 2 2. Resolution declaring structures are unsecured. K. 1. Public hearing regarding abandoned buildings. a. 885 Cedardale Drive aka 885 North Cedardale Drive (house) Ward 3 b. 4300 Newcastle Road (east commercial building and west commercial building) Ward 3 c. 3852 West Park Place (detached garage and house) Ward 3 d. 3401 Springlake Drive (house) Ward 7 Deferred from November 21, 2023. e. 918 NW 23rd Street aka 918 1/2 NW 23rd Street (garage apartment) Ward 6 f. 4148 NW 23rd Street (house) Ward 3 g. 1245 SW 26th Street aka 2612 South Blackwelder Avenue aka 2614 South Blackwelder Avenue aka 2616 South Blackwelder Avenue (garage apartment 2612) Ward 6 h. 2223 NW 38th Street (house) Ward 2 2. Resolution declaring buildings are abandoned. L. 1. Public hearing regarding amendment to the Fiscal Year 2024 budget. 2. Resolution adopting an amendment to the Fiscal Year 2024 budget for the General Fund; the Internal Service Fund; and the Special Purpose Fund; and directing filing. M.1. Joint Resolution with the Oklahoma City Water Utilities Trust authorizing the Municipal Counselor’s Office to initiate such actions at law and in equity against Timbercraft Homes, LLC, and any other liable or necessary party, to recover damages for public nuisance, trespass, and encroachment, and to enjoin encroachment and interference with the utility easement and the installation, operation, and maintenance of sanitary sewer facilities in Highland Point Phase 1, Oklahoma City, Oklahoma; AND/OR 2. Enter into executive session on advice of the Municipal Counselor to receive DECEMBER 5, 2023 confidential communications11from its attorneys concerning pending claim and investigation involving public nuisance, trespass, and encroachment related to the utility easement and sanitary sewer facilities in Highland Point Phase 1, Oklahoma Oklahoma City, Oklahoma; AND/OR XI. M.2. Enter into executive session on advice of the Municipal Counselor to receive confidential communications from its attorneys concerning pending claim and investigation involving public nuisance, trespass, and encroachment related to the utility easement and sanitary sewer facilities in Highland Point Phase 1, Oklahoma City, Oklahoma, as authorized by 25 O.S. (2023 Supp.) §307(B)(4), because disclosure would seriously impair the ability of the public body to process the claim and conduct a pending investigation or pursue litigation in the public interest. N.1. Resolution authorizing the Municipal Counselor to confess Judgment without admitting liability in the case of Raw Fitness, LLC d/b/a OneHealthyBod Fitness and Steve Clausen v. The City of Oklahoma City, in the Oklahoma County District Court Case No. CJ­2022­6087; AND/OR 2. Enter into executive session on advice of the Municipal Counselor to receive confidential communications from its attorney regarding settlement of this case as authorized by 25 O.S. (2023 Supp.) §307(B)(4), because disclosure would seriously impair the ability of the public body to conduct the litigation with settlement discussions in the public interest. O.1. 1. Resolution authorizing the Municipal Counselor to confess Judgment without admitting liability in the case of Rhonda Rogers v. The City of Oklahoma City, Oklahoma County District Court, Case No. CJ­2016­3350; AND/OR 2. Enter into executive session on advice of the Municipal Counselor to receive confidential communications from its attorney regarding settlement discussions regarding this claim as authorized by 25 O.S. (2023 Supp.) §307(B)(4), because disclosure would seriously impair the ability of the public body to conduct the litigation with settlement discussion in the public interest. P.1. Resolution authorizing the Municipal Counselor to confess Judgment without admitting liability in the case of Raymond and Debra Smith v. The City of Oklahoma City in the Oklahoma County District Court Case No. CJ­2022­ 4879; AND/OR 2. Enter into executive session on advice of the Municipal Counselor to receive confidential communications from its attorney regarding settlement of this case as authorized by 25 O.S. (2023 Supp.) §307(B)(4), because disclosure would seriously impair the ability of the public body to conduct the litigation with settlement discussions in the public interest. Q.1. Resolution authorizing and directing the Municipal Counselor to enter into an agreed settlement and journal entry of judgment in the Cleveland County District Court Case styled: The City of Oklahoma City v. J.R. Bowers, Jr., et al., Cleveland County District Court Case No. CJ­2021­756. Ward 5. AND/OR 2. Enter into executive session on advice of the Municipal Counselor to receive confidential communications with its attorney regarding settlement concerning the above pending litigation, as authorized by 25 O.S. (2023 Supp.) §307(B)(4), because disclosure would seriously impair the ability of the public body to deal with the pending litigation in the public interest. 1. Claim recommended for denial: R. a. Jamier Hynson $1,100 AND/OR 2. Enter into executive session on advice of the Municipal Counselor to receive confidential communications from its attorney concerning the above claim as authorized by 25 O.S. (2023 Supp.) §307 (B)(4), because disclosure would DECEMBER 5, 2023 seriously impair the ability of 12 the public body to deal with the pending claim in the public interest. because disclosure would seriously impair the ability of the public body to deal with the pending litigation in the public interest. XI. R. 1. Claim recommended for denial: a. Jamier Hynson $1,100 AND/OR 2. Enter into executive session on advice of the Municipal Counselor to receive confidential communications from its attorney concerning the above claim as authorized by 25 O.S. (2023 Supp.) §307 (B)(4), because disclosure would seriously impair the ability of the public body to deal with the pending claim in the public interest. S. 1. Claims recommended for approval: a. Ellen Johnson $59.17 (Ward 7) b. Carl Pollard $618.42 (Ward 7) AND/OR 2. Enter into executive session on advice of the Municipal Counselor to receive confidential communications from its attorney concerning the above claims as authorized by 25 O.S. (2023 Supp.) §307 (B)(4), because disclosure would seriously impair the ability of the public body to deal with the pending claims in the public interest. XII. Comments from Council XIII. Citizens to be Heard XIV. Adjournment DECEMBER 5, 2023 13