CITY COUNCIL AGENDA

NORMAN UTILITIES AUTHORITY AGENDA

NORMAN MUNICIPAL AUTHORITY AGENDA

Municipal Building Council Chambers

201 West Gray

December 14, 2004

6:30 p.m.

l. Roll Call

2. Pledge of Allegiance

3. ITEM: CONSENT DOCKET

INFORMATION: This item is placed on the agenda so that the City Council, by unanimous consent, can designate those routine agenda items that they wish to be approved or acknowledged by one motion. If any item proposed does not meet with approval of all Councilmembers, that item will be heard in regular order. Staff recommends that Item 4 through Item 28 be placed on the consent docket.

ACTION NEEDED: l. Motion to place Item through Item on the Consent Docket by unanimous vote.

ACTION TAKEN:

ACTION NEEDED: 2. Acting as the City Council, Norman Utilities Authority, and Norman Municipal Authority, motion to approve or acknowledge all items on the Consent Docket subject to any conditions included in the individual action needed by item.

ACTION TAKEN:

4. ITEM: APPROVAL OF THE MINUTES AS FOLLOWS:

CITY COUNCIL CONFERENCE MINUTES OF NOVEMBER 23, 2004

CITY COUNCIL MINUTES OF NOVEMBER 23, 2004

NORMAN UTILITIES AUTHORITY MINUTES OF NOVEMBER 23, 2004

NORMAN MUNICIPAL AUTHORITY MINUTES OF NOVEMBER 23, 2004

CITY COUNCIL STUDY SESSION MINUTES OF NOVEMBER 30, 2004

CITY COUNCIL CONFERENCE MINUTES OF NOVEMBER 30, 2004

CITY COUNCIL STUDY SESSION MINUTES OF DECEMBER 7, 2004

CITY COUNCIL SPECIAL SESSION MINUTES OF DECEMBER 7, 2004

ACTION NEEDED: Acting as the City Council, Norman Utilities Authority, and Norman Municipal Authority, motion to approve the minutes; and, if approved, direct the filing thereof.

ACTION TAKEN:

5. ITEM: CONSIDERATION OF THE FOLLOWING ORDINANCES UPON FIRST READING BY TITLE:

ORDINANCE NO. O-0405-25: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, ADOPTING THE 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE; AMENDING MOBILE HOME AND TRAILER PARKS; APPEALS, SPECIAL EXCEPTIONS AND VARIANCES; LEGAL ADMINISTRATION; AND DRIVING AND OPERATING A VEHICLE BY REPEALING SECTIONS 5-416 AND 5-416.1 AND ADDING SECTIONS 5-601, 5-602, 5-603, 5-604 AND 5-605 OF CHAPTER 5; AMENDING SECTIONS 10-201(A) AND (B), 10-202(C)(6), (D), (E) AND (G), 10-203(F), 10-204(B), 10-205(C) AND (D), 10-207(B), AND 10-209(A)(1) AND (C)(1), DELETING SECTION 10-208, AND ADDING SECTION 10-203.1 AND ARTICLE VI, SECTIONS 10-601(A) AND (B), 10-602(A) AND 10-603(A) AND (B) OF CHAPTER 10; DELETING ARTICLES I AND II IN THEIR ENTIRETY OF CHAPTER 11; AMENDING SECTIONS 13-1402(B), 13-1408(A), (F) AND (G) AND 13-2202(A) OF CHAPTER 13; AMENDING SECTIONS 18-901, 18-902(A) THROUGH (G) AND 18-1002(A), (B) AND (C) OF CHAPTER 18; AND AMENDING SECTION 20-518(H) OF CHAPTER 20; AND PROVIDING FOR THE SEVERABILITY THEREOF.

ORDINANCE NO. O-0405-31: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, FIXING COMPENSATION OF THE CITY MANAGER AS PROVIDED BY ARTICLE XVII, SECTION 1, OF THE CHARTER OF THE CITY OF NORMAN; PROVIDING FOR THE EFFECTIVE DATE FOR COMPENSATION TO BEGIN; AND PROVIDING FOR THE SEVERABILITY THEREOF.

INFORMATION: The above‑described ordinances are submitted for Introduction and adoption upon First Reading by title, and subsequent thereto, for submission for City Council's final consideration in its meeting of December 28, 2004. Copies of an advisory memorandum, ordinances, and legislatively notated copy of Ordinance No. O‑0405-25 are included in the Agenda Book.

ACTION NEEDED: Motion to Introduce and adopt the ordinances upon First Reading by title.

ACTION TAKEN:

6. ITEM: CONSIDERATION OF THE MAYOR'S APPOINTMENTS AS FOLLOWS:

BOARD OF ADJUSTMENT

TERM: 12-22-04 TO 12-22-07: ROY WALKER, 2600 LYNNWOOD CIRCLE

HISTORIC DISTRICT COMMISSION

TERM: 10-26-04 TO 10-26-07: TY HARDIMAN, 630 MILLER AVENUE

SOCIAL AND VOLUNTARY SERVICES COMMISSION

TERM: 12-14-04 TO 12-09-07: KATHY HEIPLE, 2011 MORGAN DRIVE

INFORMATION: In accordance with the Mayor's request, the above-described item is submitted for City Council's consideration. Roy Walker will replace Gerald Guy and Kathy Heiple will replace Laurie Wynn and Ty Hardiman is a reappointment.

ACTION NEEDED: Motion to confirm or reject the appointments.

ACTION TAKEN:

7. ITEM: CONSIDERATION AND AWARDING OF BID NO. 0405-43 FOR THE PURCHASE OF UNIFORM T-SHIRTS AND SHORTS FOR THE FIRE DEPARTMENT.

INFORMATION: Staff has examined the bid and found it to be in order and proper as to form. Staff recommends acceptance of the bid and the subsequent awarding of the bid as indicated below. Copies of an advisory memorandum and bid tabulation are included in the Agenda Book.

ACTION NEEDED: Motion to accept or reject the bid as meeting specifications; and, if accepted, award the bid to University Silkscreen as the lowest and best bidder meeting specifications.

ACTION TAKEN:

8. ITEM: CONSIDERATION OF REQUEST FOR PROPOSAL NO. RFP-0405-51, CONTRACT NO. K-0405-97, PERFORMANCE BOND NO. B-0405-49; STATUTORY BOND NO. B‑0405-50, MAINTENANCE BOND NO. MB‑0405-39, AND RESOLUTION NO. R-0405-47 FOR THE CASCADE PARK PLAY-GROUND PROJECT.

INFORMATION: The above-described item is submitted for City Council's consideration. Staff recommends acceptance of the request for proposal submitted from Little Tikes Commercial Play Systems, Inc., in the amount of $16,500.00, approval of the contract and bonds, and adoption of the project agent resolution. Copies of an advisory memorandum; proposal summary; contract with Little Tikes Commercial Play Systems, Inc., in the amount of $16,500.00; the performance, statutory and maintenance bonds; Resolution No. R-0405-47; and purchase requisition are included in the Agenda Book.

ACTION NEEDED: Motion to accept or reject Request for Proposal No. RFP-0405-51 from Little Tikes Commercial Play Systems, Inc., for the Cascade Park Playground Project; and, if accepted, approve Contract No. K-0405-97 in the amount of $16,500.00 and the performance, statutory and maintenance bonds; direct the filing of the bonds; authorize the execution of the contract; and adopt Resolution No. R-0405-47.

ACTION TAKEN:

9. ITEM: CONSIDERATION OF BID NO. 0405-53, CONTRACT NO. K-0405-46, PERFORMANCE BOND NO. B-0405-16; STATUTORY BOND NO. B-0405-17, MAINTENANCE BOND NO. MB-0405-15, AND RESOLUTION NO. R-0405-48 FOR THE VILLANI MEMORIAL BASKETBALL COURT LIGHTING PROJECT.

INFORMATION: Staff has examined the bids, contract, and bonds and found them to be in order and proper as to form. Staff recommends acceptance of the bids; the subsequent awarding of the bid as indicated below; approval of the contract and bonds; and adoption of the project agent resolution. Copies of an advisory memorandum; bid tabulation; contract with Shawnee Lighting Systems, Inc., in the amount of $32,748.00; the performance, statutory, and maintenance bonds; Resolution No. R-0405-48; and purchase requisition are included in the Agenda Book.

ACTION NEEDED: Motion to accept or reject all bids meeting specifications; and, if accepted, award the bid in the amount of $32,748.00 to Shawnee Lighting Systems, Inc., as the lowest and best bidder meeting specifications; approve Contract No. K‑0405-46 and the performance, statutory, and maintenance bonds; direct the filing of the bonds; authorize execution of the contract; and adopt Resolution No. R‑0405-48.

ACTION TAKEN:

10. ITEM: CONSIDERATION OF THE ACCEPTANCE OF A DONATION IN THE AMOUNT OF $250.00 FROM THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL NO. 2067 TO BE USED TO PURCHASE SMOKE ALARMS FOR THE SMOKE DETECTOR PROGRAM FOR SENIOR AND HANDICAPPED CITIZENS.

INFORMATION: IAFF Local No. 2067 has donated $250.00 to be used to purchase smoke detectors for the Smoke Detector Program. Section 8-111 of the City Code states that all donations to be received by the City of Norman, whether in the form of monies or any other thing of value, shall be required to be accepted by the Council of the City of Norman prior to any use or disbursement. In accordance therewith, the above-described item is submitted for City Council's consideration. A copy of an advisory memorandum is included in the Agenda Book.

ACTION NEEDED: Motion to accept or reject a donation in the amount of $250.00 from IAFF Local No. 2067 to be used to purchase smoke alarms for the Smoke Detector Program for senior and handicapped citizens; and, if accepted, deposit $250.00 into General Fund Liability, Other/Smoke Detectors (010-0000-227.24-26).

ACTION TAKEN:

11. ITEM: CONSIDERATION OF ACCEPTANCE OF THE FOLLOWING DONATED EASEMENTS FOR THE SOUTHEAST NORMAN INTERCEPTOR REPLACE-MENT PROJECT:

EASEMENT NO.

GRANTOR

EASEMENT

E-0405-33, E-0405-34,

AND E-0405-35

UNITED STATES POSTAL

SERVICE

PERMANENT

PUBLIC UTILITY

INFORMATION: The above-described easements are in connection with the Southeast Norman Interceptor Replacement Project a/k/a Interceptor Replacement Program, Project 7. The above-referenced easements have been offered to the City by donation. The City Attorney and Utilities Staff have examined the easements and found them to be in order and proper as to form. Based upon the fact the easements have been dedicated to the City of Norman for sanitary sewer improvements in the above-mentioned project, Staff recommends acceptance of the easements. Copies of an advisory memorandum, easements, and location map are included in the Agenda Book.

ACTION NEEDED: Motion to accept or reject the easements; and, if accepted, direct the filing thereof with the Cleveland County Clerk.

ACTION TAKEN:

12. ITEM: CONSIDERATION OF A FINAL PLAT FOR HIGHLAND VILLAGE ADDITION, SECTION 4, AND THE ACCEPTANCE OF PUBLIC DEDICATIONS CONTAINED THEREIN.

LOCATION: Generally located on the west side of North Porter Avenue approximately one-quarter of a mile north of Rock Creek Road and one-quarter of a mile west of Porter Avenue.

INFORMATION:

1. Owner. Highland Village, L.L.C.

2. Developer. Highland Village, L.L.C.

3. Engineer. Spear and McCaleb Company, Inc.

HISTORY:

1. Refer to the Planning Commission Staff Report, June 12, 2003.

2. June 12, 2003. Planning Commission, on a vote of 6-0, recommended to City Council that the final plat for Highland Village Addition, Section 4, be approved.

IMPROVEMENT PROGRAM:

1. Refer to the Planning Commission Staff Report, June 12, 2003.

2. Subdivision Bond. A subdivision bond has not been submitted since the developer has requested approval of the final plat with the filing thereof to be directed subject to completion and City acceptance of all required public improvements. A subdivision bond will be required for sidewalks not installed prior to filing the final plat.

PUBLIC DEDICATIONS:

1. Refer to the Planning Commission Staff Report, June 12, 2003.

2. Parkland Dedication. The owner will submit a warranty deed for parkland dedication requirements prior to filing the final plat.

SUPPLEMENTAL MATERIAL: Copies of an advisory memorandum; location map; preliminary plat; final plat; Staff Report recommending approval; and pertinent excerpts from the Norman Board of Parks Commissioners and Planning Commission minutes are included in the Agenda Book.

ACTION NEEDED: Motion to approve or reject the final plat; and, if approved, accept the public dedications contained within the plat; authorize the Mayor to sign the final plat and subdivision bonds subject to the City Development Committee’s acceptance of all required public improvements and receipt of a warranty deed for parkland dedication requirements, and direct the filing of the final plat.

ACTION TAKEN:

13. ITEM: CONSIDERATION OF A FINAL PLAT FOR ST. JAMES ADDITION, SECTION 3, AND THE ACCEPTANCE OF PUBLIC DEDICATIONS CONTAINED THEREIN.

LOCATION: Generally located one-half of a mile south of State Highway No. 9 on the east and west sides of 24th Avenue S.E.

INFORMATION:

1. Owner. St. James Park, L.L.C.

2. Developer. St. James Park, L.L.C.

3. Engineer. Carter and Burgess, Inc.

HISTORY:

1. Refer to the Planning Commission Staff Report, September 11, 2003.

2. September 11, 2003. Planning Commission, on a vote of 7-0, recommended to City Council that the final plat for St. James Addition, Section 3, be approved.

IMPROVEMENT PROGRAM:

1. Refer to the Planning Commission Staff Report, September 11, 2003.

PUBLIC DEDICATIONS:

1. Refer to the Planning Commission Staff Report, September 11, 2003.

2. Parkland Dedication. The owner will submit a warranty deed for parkland dedication requirements prior to filing the final plat.

ACTION TAKEN:

14. ITEM: CONSIDERATION OF A FINAL PLAT FOR ST. JAMES ADDITION, SECTION 4, AND THE ACCEPTANCE OF PUBLIC DEDICATIONS CONTAINED THEREIN.

LOCATION: Generally located one-half of a mile south of State Highway No. 9 between Classen Boulevard and 24th Avenue S.E.

INFORMATION:

1. Owner. St. James Park, L.L.C.

2. Developer. St. James Park, L.L.C.

3. Engineer. Carter and Burgess, Inc.

HISTORY:

1. Refer to the Planning Commission Staff Report, September 11, 2003.

2. September 11, 2003. Planning Commission, on a vote of 7-0, recommended to City Council that the final plat for St. James Addition, Section 4, be approved.

IMPROVEMENT PROGRAM:

1. Refer to the Planning Commission Staff Report, September 11, 2003.

PUBLIC DEDICATIONS:

1. Refer to the Planning Commission Staff Report, September 11, 2003.

2. Parkland Dedication. The owner will submit a warranty deed for parkland dedication requirements prior to filing the final plat.

ACTION TAKEN:

15. ITEM: CONSIDERATION OF CERTIFICATE OF SURVEY NO. COS-0405-6 FOR CROSS C RANCH.

LOCATION: Generally located one-half of a mile north of Franklin Road on the east side of 24th Avenue N.E.

INFORMATION:

1. Owner. Myrna Fletcher.

2. Surveyor. Sooner Surveying Services.

HISTORY:

1. Refer to the Planning Commission Staff Report, November 10, 2004.

2. November 10, 2004. Planning Commission, on a vote of 8-0, recommended to City Council that Certificate of Survey No. COS-0405-6 for Cross C Ranch be approved.

PUBLIC DEDICATIONS:

1. Refer to the Planning Commission Staff Report, November 10, 2004.

SUPPLEMENTAL MATERIAL: Copies of an advisory memorandum; location map; certificate of survey; Staff Report recommending approval; and pertinent excerpts from Planning Commission minutes are included in the Agenda Book.

ACTION NEEDED: Motion to approve or reject Certificate of Survey No. COS-0405-6; and, if approved, direct the filing thereof with the Cleveland County Clerk.

ACTION TAKEN:

16. ITEM: CONSIDERATION OF CONSENT TO ENCROACHMENT NO. 0405-4 FOR THE NORTH SIDE OF LOT 2 AND THE SOUTH SIDE OF LOTS 3 AND 4, BLOCK 2, PARK CENTRAL ADDITION. (481 NORTH INTERSTATE DRIVE)

INFORMATION: Staff has considered the request and encroachment delineated in the above‑described consent and recommends Consent to Encroachment No. 0405-4 be approved. Copies of an advisory memorandum; Consent to Encroachment; location map; site plan; sewer location map; letter of request, Staff memoranda, and supplemental material are included in the Agenda Book.

ACTION NEEDED: Motion to approve or reject Consent to Encroachment No. 0405-4; and, if approved, direct the filing thereof with the Cleveland County Clerk.

ACTION TAKEN:

17. ITEM: CONSIDERATION OF THE ACCEPTANCE OF A GRANT FROM THE OKLAHOMA HIGHWAY SAFETY OFFICE TO PROVIDE A DRUG RECOGNI-TION AND EVALUATION PROGRAM THAT WILL TRAIN POLICE OFFICERS TO BECOME DRUG RECOGNITION EXPERTS.

INFORMATION: The Norman Police Department applied for a grant in the amount of $40,000.00 from the Oklahoma Highway Safety Office to provide a state wide training class for officers to become Drug Recognition Experts (DRE) and assist in DUI enforcement across the state. The grant has been approved and the funds will be disbursed to the City. Section 8-111 of Chapter 8 of the Code of the City of Norman requires acceptance of all grants received by the City of Norman to be approved by the City Council prior to any use or disbursement of monies. In accordance therewith, the above-described item is submitted for City Council’s consideration. Copies of an advisory memorandum and grant are included in the Agenda Book.

ACTION NEEDED: Motion to accept or reject a grant from the Oklahoma Highway Safety Office to provide a Drug Recognition and Evaluation Program; and, if accepted, increase DRE Training (022-0000-331.13-30) by $40,000.00 and appropriate $25,000.00 to Drug Evaluation/Recognition, Workshops and Seminars (022-6037-421.46-04) and $15,000.00 to Drug Evaluation/Recognition, Employee Training (022-6037-421.30-13).

ACTION TAKEN:

18. ITEM: AMENDMENT NO. TWO TO CONTRACT NO. K-0203-77: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND RONNIE HEITZ EXTENDING THE FARM LEASE FOR PROPERTY PURCHASED FOR THE NORTHSIDE WASTEWATER TREATMENT PLANT LOCATED AT THE NORTHWEST CORNER OF 12TH AVENUE N.E. AND FRANKLIN ROAD THROUGH NOVEMBER 30, 2005.

INFORMATION: City Council, in its meeting of November 26, 2002, approved Contract No. K‑0203-77 with Ronnie Heitz for the lease of property located at the northwest corner of 12th Avenue N.E. and Franklin Road through November 30, 2003. Amendment No. One was approved on December 9, 2003, and extended the contract through November 30, 2004. Amendment No. Two will extend the contract through November 30, 2005. The amendment has been examined by the City Attorney and found to be in order and proper as to form. Staff recommends approval of the amendment. Copies of an advisory memorandum and amendment are included in the Agenda Book.

ACTION NEEDED: Motion to approve or reject Amendment No. Two to Contract No. K‑0203-77 with Ronnie Heitz extending the contract to November 30, 2005; and, if approved, authorize the execution thereof.

ACTION TAKEN:

19. ITEM: CHANGE ORDER NO. TWO TO CONTRACT NO. K-0304-110: BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND URBAN CONTRACTORS, INC., FOR THE IMHOFF CREEK/BISHOP CREEK INTERCEPTOR PROJECT (INTERCEPTOR REPLACEMENT PROJECT FIVE) EXTENDING THE CONTRACT TO FEBRUARY 15, 2005.

INFORMATION: The Norman Utilities Authority, in its meeting of April 13, 2004, approved Contract No. K-0304-110 with Urban Contractors, Inc., in the amount of $763,165.00 for the above-described project. Change Order No. One approved August 24, 2004, decreased the contract amount by $121,434.12 and allowed the Norman Utilities Authority to purchase pipe for the project directly from the material low bidder, Fraser Mining and Industrial Supply, Inc., saving the Authority $8,995.12 in sales tax that would have been paid by Urban Contractors, Inc., and ultimately charged back to the Authority. Change Order No. Two will extend the contract 63 calendar days to February 15, 2005, due to unusual rainfalls received during this project. Change Order No. Two has been examined by the City Attorney and found to be in order and proper as to form. Staff recommends approval of the change order. Copies of an advisory memorandum and change order are included in the Agenda Book.

ACTION NEEDED: Acting as the Norman Utilities Authority, motion to approve or reject Change Order No. Two to Contract No. K-0304-110 with Urban Contractors, Inc., extending the contract to February 15, 2005; and, if approved, authorize the execution thereof.

ACTION TAKEN:

20. ITEM: CHANGE ORDER NO. ONE TO CONTRACT NO. K-0405-60: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND COMMERCIAL CONCRETE INCREASING THE CONTRACT AMOUNT BY $180,372.40 FOR CONTRACTOR MAINTENANCE PROJECTS TO INCLUDE SIX COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM PROJECTS.

INFORMATION: City Council, in its meeting of September 14, 2004, approved Contract No. K‑0405-60 with Commercial Concrete in the amount of $167,280.00 for Contractor Maintenance Projects for the Street Division. It was hoped that similar CDBG projects would be included in the contract but they were not. An assessment was made of the line items and quantities needed for six projects to determine feasibility of utilizing the same contractor to construct the CDBG projects in coordination with City crews. Change Order No. One in the amount of $180,372.40 will allow for the six projects which includes underground drainage on the west side of Carter Avenue from Rich Street to Oliver Street connecting to drainage channel in Cate Park; reconstruction of the intersection at Chautauqua Avenue and Eufaula Street; curb and gutter with driveway approaches in the 100 block of West Symmes Street from Santa Fe Avenue to Front Street; underground drainage, replacement paving, curb reconstruction and sidewalk replacement on Virginia from Lindsey Street to Missouri; curb and gutter on the north side of Rich Street from Peters Avenue to Crawford Avenue and the extension of underground drainage systems and replacement of driveway approaches; and lowering street, curb and gutter, replacement paving, and driveway approaches on Ferrill Street from Miller Avenue to the west end of the street. Change Order No. One has been examined by the City Attorney and found to be in order and proper as to form. Staff recommends approval of the change order. Copies of an advisory memorandum, list of projects, change order, and purchase requisition are included in the Agenda Book.

ACTION NEEDED: Motion to approve or reject Change Order No. One to Contract No. K‑0405-60 with Commercial Concrete increasing the contract amount by $180,372.40; and, if approved, authorize the execution thereof.

ACTION TAKEN:

21. ITEM: CONTRACT NO. K-0405-98: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND REVENUE RECOVERY GROUP, INC., TO PROVIDE INDEPENDENT AUDIT MANAGEMENT SERVICES.

INFORMATION: The above‑described contract has been examined by the City Attorney and found to be in order and proper as to form. Staff recommends approval of the contract. Copies of an advisory memorandum and contract are included in the Agenda Book.

ACTION NEEDED: Motion to approve or reject Contract No. K-0405-98 with Revenue Recovery Group, Inc., in an amount not-to-exceed $20,000.00; and, if approved, authorize the execution thereof.

ACTION TAKEN:

22. ITEM: CONTRACT NO. K-0405-99: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND MATTHEW GRAFTON TO PROVIDE PROFESSIONAL URBAN FORESTRY SERVICES FOR THE NEIGHBOR-WOODS PROGRAM FOR THE PARKS AND RECREATION DEPARTMENT.

INFORMATION: The above-described contract has been examined by the City Attorney and found to be in order and proper as to form. Staff recommends approval of the contract. Copies of an advisory memorandum, contract, and purchase requisition are included in the Agenda Book.

ACTION NEEDED: Motion to approve or reject Contract No. K-0405-99 with Matthew Grafton in the amount of $15,000.00; and, if approved, authorize the execution thereof.

ACTION TAKEN:

23. ITEM: CONTRACT NO. K-0405-100: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND PARSONS ENGINEERING CORPORATION FOR AN OIL AND GAS WELL LEASE FOR THE WEST 22.98 ACRES OF LOT 10, SECTION 18, TOWNSHIP 8 NORTH, RANGE 2 WEST, CLEVELAND COUNTY, OKLAHOMA, FOR A THREE YEAR PERIOD. (SOUTHWEST OF CHAUTAUQUA AVENUE AND BRATCHER-MINER ROAD)

ACTION NEEDED: Motion to approve or reject Contract No. K-0405-100 with Parsons Engineering Corporation in the amount of $1,723.50 for a three year period; and, if approved, authorize the execution thereof.

ACTION TAKEN:

24. ITEM: CONTRACT NO. K-0405-102: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND BROWN AND BORELLI, INC., FOR AN ACCESS AGREEMENT THROUGH LINDSEY STREET YARD LOCATED AT 668 EAST LINDSEY STREET IN CONJUNCTION WITH THE OIL AND GAS LEASE AGREEMENT WITH ENERGY QUEST.

ACTION NEEDED: Motion to approve or reject Contract No. K-0405-102 with Brown and Borelli, Inc.; and, if approved, authorize the execution thereof.

ACTION TAKEN:

25. ITEM: RESOLUTION NO. R-0405-49: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, SUPPORTING THE DOWNTOWN MAIN STREET IMPROVEMENT PROJECT AND THE LEGACY TRAIL SOUTH EXTENSION PROJECT FOR THE 2005 TRANSPORTATION EQUITY ACT ENHANCEMENT GRANT PROJECTS FOR THE CITY OF NORMAN AND PRIORITIZING THOSE PROJECTS.

INFORMATION: The above-described resolution has been drawn and is submitted for City Council's consideration. Copies of an advisory memorandum and resolution are included in the Agenda Book.

ACTION NEEDED: Motion to adopt or reject Resolution No. R-0405-49.

ACTION TAKEN:

26. ITEM: RESOLUTION NO. R-0405-50: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, APPROPRIATING $14,554.00 FROM THE CAPITAL FUND BALANCE TO BE USED FOR THE SIDEWALK PARTICIPA-TION PROGRAM.

INFORMATION: The above-described resolution has been drawn and is submitted for City Council's consideration. Copies of an advisory memorandum and resolution are included in the Agenda Book.

ACTION NEEDED: Motion to adopt or reject Resolution No. R-0405-50.

ACTION TAKEN:

27. ITEM: RESOLUTION NO. R-0405-51: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, GRANTING AN EXEMPTION TO RESOLUTION NO. R-8485-53 TO ALLOW FOR BUILDING PERMITS TO BE ISSUED FOR THE CONSTRUCTION OF TWO BARNS ALONG THE WESTERN BOUNDARY OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MAIN STREET AND 60TH AVENUE S.W.

INFORMATION: The above-described resolution has been drawn and is submitted for City Council's consideration. Copies of an advisory memorandum, resolution, and letter of request are included in the Agenda Book.

ACTION NEEDED: Motion to adopt or reject Resolution No. R-0405-51.

ACTION TAKEN:

28. ITEM: PROCLAMATION NO. P-0405-11: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING THE WEEK OF DECEMBER 13 THROUGH 19, 2004, AS NORMAN BALLET COMPANY WEEK IN THE CITY OF NORMAN.

INFORMATION: The above‑described proclamation has been drawn and is submitted for City Council's consideration. A copy of the proclamation is included in the Agenda Book.

ACTION NEEDED: Motion to acknowledge receipt of Proclamation No. P‑0405-11 proclaiming the week of December 13 through 19, 2004, as Norman Ballet Company Week in the City of Norman and direct the filing thereof.

ACTION TAKEN:

29. Miscellaneous Discussion: This is an opportunity for citizens to address City Council. Remarks should be directed to the Council as a whole and limited up to five minutes or less.

30. ITEM: CONSIDERATION OF ADJOURNING INTO AN EXECUTIVE SESSION AS AUTHORIZED BY OKLAHOMA STATUTES TITLE 25 §307(B) IN ORDER TO DISCUSS FEDERAL COURT CASE NO. CIV-04-1419, THE STATE OF OKLAHOMA, STANLEY J. GROSSMAN, CHARLES SCHINDLER, BETTE MAFFUCCI, GAIL POOLE, BEN ALPERS, SANDRA ROSE, GLENN BROWN, DAVID RAY, WALLACE WILSON, AND ROBERT C. KNOX VS. CAMP DRESSER AND MCKEE, INC., AND THE CITY OF NORMAN.

INFORMATION: Pursuant to Oklahoma Statutes Title 25, Section 307(b) a public body is permitted to conduct an executive session to discuss confidential communications between a public body and its attorney concerning a pending investigation, claim, or action if the public body, with the advice of its attorney, determines that disclosure will seriously impair the ability of the public body to process the claim or conduct a pending investigation, litigation, or proceeding in the public interest. Thereupon, this item is submitted for City Council's consideration.

ACTION NEEDED: 1. Motion to adjourn out of the Council Meeting and convene into an Executive Session in order to discuss Federal Court Case No. CIV-04-1419, the State of Oklahoma, Stanley J. Grossman, Charles Schindler, Bette Maffucci, Gail Poole, Ben Alpers, Sandra Rose, Glenn Brown, David Ray, Wallace Wilson, and Robert C. Knox vs. Camp Dresser and McKee, Inc., and the City of Norman.

ACTION TAKEN:

ACTION NEEDED: 2. Motion to adjourn out of Executive Session and reconvene the Council Meeting.

ACTION TAKEN:

31. Adjournment.