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THE CITY OF OKLAHOMA CITY
JOURNAL OF COUNCIL PROCEEDINGS
REGULAR CITY COUNCIL MEETING
OCTOBER 22, 2002

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on October 18, 2002)




I. Invocation and Pledge of Allegiance.

FRANCES KERSEY, CITY CLERK

PLEDGE LED BY COUNCILMAN FOSHEE


II. Call to Order. 8:32 a.m.

MAYOR KIRK HUMPHREYS PRESIDING.
ANN SIMANK ABSENT.


III. From the Office of the Mayor.

Presentation by Oklahoma City Beautiful of the annual Adopt-A-Park award recipients, presented by Ann Michalski, Beautification Committee Chair and Janie Duepree, Executive Director.

Mayor Humphreys recognized Micah Carlson, Ward 8 Youth Councilor.


IV. A. Receive Journal of Council Proceedings for October 15, 2002.

RECEIVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN.

B. Approve Journal of Council Proceedings for October 8, 2002.

APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN.


V. Request for Uncontested Continuances.

VIII. H. 1, 2.
10-29-02
RECESS COUNCIL MEETING.


CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY. 8:50 a.m.
(Majority of a Quorum required for approval)

1. Ratify and approve Addendum No. 1 and award contract to Connelly Paving Company, Project MP-0295, parking lot renovation and expansion at Will Rogers Park, 3400 NW 36th Street, $125,943.70; assigning Standard Testing and Engineering as testing laboratory and approving contract and bonds. Ward 1.

RATIFIED, APPROVED, AWARDED, ASSIGNED AND APPROVED. MOVED BY JOHNSON, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

2. Joint resolution authorizing the Risk Manager and the Trust's legal counsel not to appeal and to comply with the Order of the Workers' Compensation Court Claim No. 2001-03907A styled: Tommy L. Dale, Claimant vs. The City of Oklahoma City, Respondent, filed on October 7, 2002.

ADOPTED. MOVED BY JOHNSON, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.

3. Joint resolution authorizing the Risk Manager and the Trust's legal counsel to enter into a joint petition settlement of Workers' Compensation Court Claim No. (to be assigned) styled: Cecil A. Davis, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and authorizing the Municipal Counselor to assist said counsel in the rendition of said petition to judgment, as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq., and Article 10, Section 28 of the Oklahoma Constitution.

ADOPTED. MOVED BY JOHNSON, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.

4. Resolution approving Claims and Payrolls No. 17.

ADOPTED. MOVED BY JOHNSON, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN.

ADJOURN OCMFA. 8:50 a.m.


CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY. 8:50 a.m.
(Five of nine affirmative votes required for approval.)

1. Resolution approving Claims and Payrolls No. 17.

ADOPTED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN.

ADJOURN OCPPA. 8:51 a.m.


CONVENE AS OKLAHOMA CITY ENVIRONMENTAL ASSISTANCE TRUST. 8:51 a.m.
(five of nine affirmative votes required for approval.)

1. Resolution approving Claims and Payrolls No. 17.

ADOPTED. MOVED BY JOHNSON, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN.

ADJOURN OCEAT. 8:51 a.m.


RECONVENE COUNCIL MEETING.

VI. Consent Docket.

¢ A. 1. Contract award and approval, J.B. Battle Uniform Co. (C36120), Skaggs (C36121), Galls, Inc. (C36122), C & G Distributing, Inc. (C36123), Looper Leather Goods Co., Inc. (C36124), Professional Police Helmets U.S.A. (C36125), Law Enforcement Equipment Co. (C36126), police uniforms and equipment, October 22, 2002 through June 30, 2003.
2. Resolution authorizing the open market purchase of police uniforms and equipment, no bid items and related items for which a need cannot be specified (OM3-C36127), not to exceed $30,000, October 22, 2002 through June 30, 2003.

AWARDED AND APPROVED: A. 1. ADOPTED: A. 2. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PROCUREMENT SERVICES DIVISION.

VI. B. 1. Contract award and approval, Arch Wireless (C38058), Metrocall, Inc. (C38059), Cingular Wireless (C38060), AT&T Wireless (C38061), Nextel Communications, Inc. (C38062), Sprint PCS (C38063), wireless communications services and equipment, October 22, 2002 through June 30, 2003.
2. Resolution authorizing the open market purchase of related items for which a need cannot be specified (OM3-C38064), not to exceed $250,000, October 22, 2002 through June 30, 2003.

AWARDED AND APPROVED: B. 1. ADOPTED: B. 2. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PROCUREMENT SERVICES DIVISION.

C. Ordinance to be introduced and set for final hearing November 13, 2002, (PC-9755) 6701 West Wilshire Boulevard from I-2 Moderate Industrial to C-3 Community Commercial. Ward 1.

INTRODUCED AND SET FOR FINAL HEARING NOVEMBER 13, 2002. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.

D. Ordinances to be introduced and set for final hearing November 13, 2002:
1. (SP-334) Special Permit to erect a tele-communication tower (212-foot radio tower) in the AA Agricultural District, 9548 North Morgan Road. Ward 1.
2. (SP-335) Special Permit to erect a tele-communication tower (260-foot radio tower) in the R-1 Single Family Residential District, 5302 North Colfax Place. Ward 1.
3. (SP-336) Special Permit to erect a tele-communication tower (220-foot radio tower) in the PUD-35A Planned Unit Development District, 1627 South Portland Avenue. Ward 3.
4. (SP-337) Special Permit to erect a tele-communication tower (260-foot radio tower) in the R-1 Single Family Residential District, 2602 East Grand Boulevard. Ward 7.
5. (SP-338) Special Permit to erect a tele-communication tower (320-foot radio tower) in the R-1 Single Family Residential and I-2 Moderate Industrial Districts, 11629 North Santa Fe Avenue. Ward 2.
VI. D. 6. (SP-339) Special Permit to erect a tele-communication tower (320-foot radio tower) in the R-1 Single Family Residential District, 6403 Rideau Street. Ward 7.
7. (SP-340) Special Permit to erect a tele-communication tower (260-foot radio tower) in the AA Agricultural District, 7101 South Anderson Road. Ward 4.

INTRODUCED AND SET FOR FINAL HEARING NOVEMBER 13, 2002: D. 1-7. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.


E. Acceptance of Real Estate Purchase Agreement, Warranty Deed, permanent and temporary easements from David-Frances Dunn Trust for the 800 MHz Trunked Radio Project, SW 89th Street and County Line Road, $28,404. Ward 3.

ACCEPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.


F. Surveyor's Certificate and Correction of Plat for Rose Creek, Blocks 1-5, north of NW 164th Street and west of May Avenue. Ward 8.

APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.


G. Amendment No. 3 and Change Order No. 3, Project DC-0092, drainage improvements, NW 32nd Street and Meridian Avenue to south of NW 38th Street; increase of $78,239.92; accepting the project and placing maintenance bond into effect. Ward 1.

APPROVED, ACCEPTED AND PLACED IN EFFECT. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.





VI. H. Change Order No. 4, Project DC-0179, Virginia Avenue from NW 36th Street to NW 41st Street, Phase I of Drainage Study DC-0153, drainage improvements from NW 24th Street to NW 41st street, east of Pennsylvania Avenue, increase of $55,900.70. Ward 2.

APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

I. Second Amendment to loan agreement with City Care, Inc., HOME Program funds for the construction of the Pershing Center project, Pershing Boulevard and Villa Avenue. Ward 6.

APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.

J. Final acceptance of Project DM-0209, silt and debris removal, Belle Isle Stilling Basin, 5400 block of North Classen Boulevard. Ward 2.

ACCEPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

K. Resolution declaring an emergency; approving construction plans, waiving formal competitive bidding procedures and ratifying informal sealed bidding process; awarding construction contract to Wittwer Construction Company, Inc., Project BC-0154, emergency bridge repair, NE 63rd Street east of I-35 over Deep Fork Creek; $59,500; assigning Standard Testing and Engineering Company as testing laboratory; ratifying issuance of an emergency work order; and approving contract and bonds. Ward 7.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

L. Resolution accepting donation of garden fountain sculpture from Dottie Weissenberger for the Will Rogers Garden Exhibition Center, 3400 NW 36th Street. Ward 1.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.
VI. M. Amendment to Agreement with the Oklahoma City Water Utilities Trust and Cross Timbers Forestry for harvest and forest management services, increase of $25,000.

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


N. Raw Water Service Agreement with the Oklahoma City Water Utilities Trust, the McGee Creek Authority and Hartwig Investments L.L.C. to furnish water from Oklahoma City's Southeastern Water Supply System to a nursery and greenhouses located near the Atoka Pipeline east of Ada.

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


O. Acceptance of permanent and temporary easements, Project WC-0409, County Line Road from SW 44th Street to SW 59th Street. Ward 3.

ACCEPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.


P. Receive and approve the Final Conceptual Development Plan Report for Lake Stanley Draper. Ward 4.

RECEIVED AND APPROVED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.


Q. Temporary Permit with the Oklahoma City Water Utilities Trust and Donald D. Coit for Christmas tree lot at Northwest Expressway and Meridian Avenue, November 9, 2002 through December 31, 2002. Ward 1.

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



VI. R. Joint resolution with the Oklahoma City Water Utilities Trust for an election of methodology for payment of annual aliquot share to make a fiscal year 2002-03 election regarding annual aliquot costs in accordance with the McGee Creek Amended Trust Indenture.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.


S. Joint resolution with the Oklahoma City Water Utilities Trust for use of certain property for communications and tower facilities at the Colfax Water Tanks, NW 54th Street and Colfax Place. Ward 1.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.


T. 1. Joint resolution with the Oklahoma City Airport Trust expressing a present intent to issue not to exceed $14,000,000 Trustees' Senior Lien Taxable Refunding Bonds to refinance the Trust's Series Seventeen Senior Lien Taxable Bonds.
2. Joint resolution with the Oklahoma City Airport Trust expressing a present intent to issue not to exceed $15,000,000 Trustees' Junior Lien Tax-Exempt Refunding Bonds to refinance the Trust's Series Seventeen and Eighteen Junior Lien Tax-Exempt Bonds.

ADOPTED: T. 1, 2. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. DEPARTMENT OF AIRPORTS.


U. 1. Resolution approving a memorandum of understanding with DeMarge College to train eligible 16-24 year old youth customers and accepting in-kind support, valued at $1,000, for the youth development program, retroactive to July 1, 2002 through June 30, 2003.




VI. U. 2. Resolution approving a memorandum of understanding with Urban League of Greater Oklahoma City, Inc. to train eligible 16-24 year old youth customers and accepting in-kind support, valued at $2,400, for the youth development program, retroactive to July 1, 2002 through June 30, 2003.

ADOPTED: U. 1, 2. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.

V. Joint resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust's legal counsel not to appeal and to comply with the Order of the Workers' Compensation Court Claim No. 2001-03907A styled: Tommy L. Dale, Claimant vs. The City of Oklahoma City, Respondent, filed on October 7, 2002.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.

W. 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 Workers' Compensation Court Claim No. (to be assigned) styled: Cecil A. Davis, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and authorizing the Municipal Counselor to assist said counsel in the rendition of said petition to judgment, as authorized by 85 O.S. §42, 62 O.S. §§365.1 et seq., and Article 10, Section 28 of the Oklahoma Constitution.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.

X. 1. Resolution directing the apportionment of the increment generated in prior fiscal years ending June 30, 2002, from Tax Increment District Number 1, City of Oklahoma City.





VI. X. 2. Resolution directing the apportionment of the increment generated in prior fiscal years ending June 30, 2002, from Tax Increment District Number 2, City of Oklahoma City.

ADOPTED: X. 1, 2. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.


Y. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $871.67 and all costs of the action in the Oklahoma County District Court in the claim filed by Home Quarters LLC against The City of Oklahoma City, as a just settlement.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.


Z. Industrial user and multi-jurisdictional agreements with ACH Food Companies, Inc., Tinker Air Force Base, and Oklahoma National Stockyards Company, for the industrial waste pretreatment program.

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


AA. 1. Acceptance of permanent storm sewer and drainage easement from the Oklahoma City Urban Renewal Authority, south of Reno Avenue and north of Interstate 40 in the Bricktown Entertainment Center. Ward 7.
2. Acceptance of special warranty deed from the Oklahoma City Urban Renewal Authority for a portion of the North Bricktown Canal in the Bricktown Entertainment Center. Ward 7.

ACCEPTED: AA. 1, 2. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

VII. Concurrence Docket.

A. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1, Project ST-0040, bank erosion protection for North Canadian Wastewater Treatment Plant Levee, 12800 North Anderson Road. Ward 7.

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

B. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1, Project SC-0550, sanitary sewer replacement, SW 24th Street from Agnew Avenue to Pennsylvania Avenue, decrease of $12.77, accepting the project and placing maintenance bond into effect. Ward 6.

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

C. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1 and Change Order No. 1, Project SC-0609, Phase I, NW 31st Street and Nesbitt Avenue to NW 35th Street and May Avenue, Deep Fork interceptor, decrease of $3,027.06. Wards 1 and 2.

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

D. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1 and Change Order No. 2, Project WC-0367, water main extension, County Line Road from SW 29th Street to SW 44th Street, decrease of $23.66. Ward 3.

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






VII. E. Concurrence with the Oklahoma City Water Utilities Trust in approving Change Order No. 4, Project WT-0034, five million gallon clearwells at the Hefner Water Treatment Plant, 3827 West Hefner Road, increase of $22,978.25. Ward 8.

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

F. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contract to Wynn Construction Co., Inc., Project ST-0082, 12800 North Anderson Road, North Canadian Wastewater Treatment Plant, $4,796,000; and approving contract and bonds. Ward 7.

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

G. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution awarding contract to Urban Contractors, Inc., Project WC-0447, water main replacement, West Hefner Road to Manchester Drive from Sunnymeade Place to Greystone Avenue within The Village city limits, $412,285; and approving contract and bonds.

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

H. Concurrence with the Oklahoma City Water Utilities Trust in receiving Consultant Review Committee Report, Project WC-0358, Phase II, Ridgeview Drive to Pennsylvania Avenue from Britton Road to Huntleigh Drive within The Village city limits, and authorization to negotiate a contract.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. WATER AND WASTEWATER UTILITIES DEPARTMENT.
VII. I. Concurrence with the Oklahoma City Water Utilities Trust in accepting Project WT-0035, Draper Lake Water Treatment Plant, fluoride and polyphosphate feed building, 13700 South Douglas Boulevard, and placing maintenance bond into effect. Ward 4.

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

J. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving applications of funding:
1. Crooked Oak Public School District, student desks at the Middle School and High School, $4,250.
2. Midwest City-Del City Public School District, Barnes Elementary, Carl Albert Junior High and Carl Albert High School, buses, $103,136.
3. Putnam City School District, nine buses, $450,000.

CONCURRED: J. 1-3. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. MAPS PROJECT OFFICE.


VIII. Items Requiring Separate Votes.

A. Ordinances on final hearing (emergency) recommended for approval (five of nine affirmative votes required for approval):
1. (ABC-527) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying the I-2 Moderate Industrial District, 2308 South Western Avenue. Ward 6.

ADOPTED WITHOUT EMERGENCY. ORD. #22,063. MOVED BY BROOKS, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.

2. (PC-9732) 1001 North Mustang Road from R-1 Single Family Residential to C-3 Community Commercial. Ward 3.
Deferred from August 6, August 20, September 4, September 17, and October 15, 2002.

ADOPTED WITHOUT EMERGENCY. ORD. #22,064. MOVED BY MCATEE, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.

VIII. A. 3. (PC-9745) 5619 SE 149th Street from AA Agricultural to C-3 Community Commercial. Ward 4.
Easement to be accepted.

ADOPTED WITHOUT EMERGENCY. ORD. #22,065. EASEMENT ACCEPTED. MOVED BY RINEHART, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.

4. (PC-9747) 2800 West Lindley Avenue from R-1 Single Family Residential to I-1 Light Industrial. Ward 6.

ADOPTED WITHOUT EMERGENCY. ORD. #22,066. MOVED BY BROOKS, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.

5. (PC-9748) 2700 South Morgan Road from AA Agricultural and PUD-239 Planned Unit Development to R-1 Single Family Residential. Ward 3.

DEFERRED TO NOVEMBER 5, 2002. PLANNING DEPARTMENT.

6. (PC-9749) 641 NW 56th Street from R-1 Single Family Residential to O-2 General Office. Ward 2.

ADOPTED WITHOUT EMERGENCY. ORD. #22,068. MOVED BY BROOKS, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.

7. (PUD-813) 9801-10045 West Highway 66 from AA Agricultural to PUD-813 Planned Unit Development. Ward 1.
Planning Commission approval subject to the Summary of Technical Evaluation as amended.
Easement to be accepted.

ADOPTED WITHOUT EMERGENCY. ORD. #22,069. EASEMENT ACCEPTED. APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY CORNETT, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.
VIII. A. 8. (PUD-879) 1413 SW 89th Street from R-3 Medium Density Residential and O-2 General Office to PUD-879 Planned Unit Development. Ward 5.

ADOPTED WITHOUT EMERGENCY. ORD. #22,070. MOVED BY FOSHEE, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE AND LIEBMANN. JOHNSON ABSENT. PLANNING DEPARTMENT.

9. (PUD-882) 6900 South Sooner Road from PUD-217 Planned Unit Development and PUD-720 Planned Unit Development to PUD-882 Planned Unit Development. Ward 4.
Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY. ORD. #22,071. APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION. MOVED BY RINEHART, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, JOHNSON AND LIEBMANN. FOSHEE ABSENT. PLANNING DEPARTMENT.

10. (PUD-889) 8700 NW Expressway from C-3 Community Commercial and PUD-821 Planned Unit Development to PUD-889 Planned Unit Development. Ward 1.

ADOPTED WITHOUT EMERGENCY. ORD. #22,072. MOVED BY CORNETT, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART AND LIEBMANN. FOSHEE AND JOHNSON ABSENT. PLANNING DEPARTMENT.

B. Ordinance on final hearing (emergency) recommended for approval, (SN-034) changing the name of SE 57th Street, as it extends off of Shalimar Drive, to SE 57th Circle. Ward 4.

ADOPTED WITHOUT EMERGENCY. ORD. #22,067. MOVED BY RINEHART, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, JOHNSON AND LIEBMANN. FOSHEE ABSENT. PLANNING DEPARTMENT.

C. 1. Public hearing re:
a. 1235 North St. Charles Street (garage) Ward 3
b. 1215 NW 2nd Street (front house add-on, rear house) Ward 6
c. 829 NE 25th Street (garage) Ward 7
d. 1600 NW 34th Street (house) Ward 2
e. 1229 NW 83rd Street (shed) Ward 2
VIII. C. 2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of October 23, 2002 and November 22, 2002 for commencement and completion of removal by owners.

PUBLIC HEARING HELD: C. 1. ADOPTED: C. 2. MOVED BY BROOKS, SECONDED BY CORNETT. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.

D. 1. Public hearing re:
a. 1408 Harden Court (house, pool) Ward 2
b. 1941 West Park Place (garage) Ward 6
c. 1235 North St. Charles Street (house, shop) Ward 3
d. 3508 Steele Avenue (house) Ward 6
e. 1915 NW 11th Street (house) Ward 6
f. 2616 NW 13th Street (house, garage) Ward 6
g. 2512 NW 14th Street (house) Ward 6
h. 701 SE 82nd Street (house, shed) Ward 4
i. 1229 NW 83rd Street (house) Ward 2
2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED: D. 1. c-e, h, i. STRICKEN: D. 1. a, b, f, g. MOVED BY JOHNSON, SECONDED BY CORNETT. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.

E. Ordinances on final hearing (emergency):
1. Relating to Advertising and Signs; amending Section 3-82, Division 1, Article V of Chapter 3 of the Oklahoma City Municipal Code, 1999, by adding a new definition for murals; amending Section 3-150, Division 4, and Section 3-166, Division 5, Article V to delete the requirement for a licensed sign contractor for murals.

ADOPTED. ORD. #22,059. MOVED BY LIEBMANN, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. WITH EMERGENCY. MOVED BY JOHNSON, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.

VIII. E. 2. Amending Chapter 59 relating to Zoning; amending Sections 59-2300 and 59-2314.1 of the Oklahoma City Municipal Code, 1999, to provide a use unit for murals; amending Section 59-6200.4 to allow murals in all zoning districts unless specifically prohibited; setting forth standards for approval of murals; and amending Section 59-8200 to define the term "murals".

ADOPTED. ORD. #22,061. MOVED BY BROOKS, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. WITH EMERGENCY. MOVED BY JOHNSON, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.

E. 3. Relating to application fee for mural permits; amending Article VII of Title 59, Chapter 60, "General Schedule of Fees", of the Oklahoma City Municipal Code, 1999, by the addition of a new Section 60-59-27 to establish an application fee for murals.

ADOPTED. ORD. #22,060. MOVED BY BROOKS, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. WITH EMERGENCY. MOVED BY JOHNSON, SECONDED BY BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.

F. Ordinance on final hearing, authorizing the removal of existing "No Parking" signs on the east side of Altadena Avenue between NW 36th Street and NW 35th Street; and authorizing the installation of "No Parking Anytime" signs: on the east side of Broadway Avenue between SW 3rd Street and SW 4th Street; on the west side of Kentucky Avenue to SW 21st Street; on the west side of Kentucky Avenue to SW 20th Street; on the east side of Mehl Drive to SW 21st Street; on the east side of Mehl Drive to SW 21st Street; the north side of SW 20th Street to Mehl Drive; on the north side of SW 20th Street to Kentucky Avenue; on the south side of SW 20th Street to Kentucky Avenue; on the south side of SW 20th Street to Kentucky Avenue; on the south side of SW 21st Street to Mehl Drive; on the south side of SW 21st Street to Mehl Drive; on the south side of SW 21st Street to Mehl Drive; and on the north side of SW 21st Street to Mehl Drive. Wards 2 and 6.

ADOPTED. ORD. #22,062. MOVED BY BROOKS, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.
VIII. $ G. Change Order No. 31, MAPS Project MB-0410, MAPS Downtown Arena, 100 West Reno Avenue, increase of $1,090,989.05. Ward 7.

APPROVED. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

H. 1. Resolution to consider the correspondence among the arbitration board an award in favor of the City and directing the Mayor to sign the City's last best offer as the 2002-03 contract with the IAFF, Local 157.
AND/OR
2. Enter into executive session to discuss collective bargaining negotiations for fiscal year 2002-03 with the International Association of Firefighters, Local 157, as authorized by 25 O.S. (2001) §307(B)(2).
Deferred from October 15, 2002.
Request deferral to October 29, 2002.

DEFERRED TO OCTOBER 29, 2002. MUNICIPAL COUNSELOR'S OFFICE.

I. 1. Claims recommended for denial:
a. Linda May Epp $195.97
b. Jennifer Keller $348.50
c. Emily Oshel $169.04
AND/OR
2. Enter into executive session with the Municipal Counselor to discuss the above claims as authorized by 25 O.S. (2001) §307(B)(4).

DENIED AS RECOMMENDED: I. 1. NO ACTION TAKEN: I. 2. MOVED BY JOHNSON, SECONDED BY LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.



IX. Claims for Approval.

Joshua Achipa $575
L.T. Grandson $104.98
Southwestern Bell Telephone $445.43

APPROVED. MOVED BY LIEBMANN, SECONDED BY JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.


X. Items from Council.

Mr. Cornett spent the weekend in southern California and attended the World Series. He said the freeway system there is amazingly complex to travel.

Mr. McAtee asked Debi Martin to come to the Council Chamber. He and the other Council members then wished her a Happy Birthday.

Mr. McAtee praised the Corbin Park Classic neighborhood for revitalizing their neighborhood association and starting a neighborhood patrol. He encouraged the Windsor Forest South neighborhood to attend their meeting tonight at Mayfield Middle School. Their goal is to begin a neighborhood patrol by the Thanksgiving holiday. Mr. McAtee said this is one of the best ways to deter crime in neighborhoods.

Mayor Humphreys thanked Mr. McAtee for the great job he does in encouraging his neighborhoods to participate in meetings and bring their communities together.

Mr. McAtee said he was glad to see Ms. Johnson recovering nicely from an automobile accident she was in last Thursday.

Mr. Foshee appreciates all the calls he received concerning his health. He is feeling much better now.

Mr. Foshee met with people in the Sky Ranch neighborhood regarding a proposed Planned Unit Development between SW 89th and SW 104th Streets on South Western Avenue. He thanked everyone for showing up. The meeting between the citizens and the Planning Commissioners was successful in working out their differences on the PUD. It is always better to work out differences at neighborhood meetings rather than trying to do it at City Council meetings.

Mr. Foshee thanked Mr. Couch for his active military status report last week. He commended the City for everything it does for military personnel who are serving our country. The City currently has 20 employees called to active duty since September 11, 2001. Mr. Foshee thanked the employees for doing their patriotic duty.

Ms. Johnson thanked Mr. McAtee and said she feels much better today.

Ms. Johnson thanked Mr. Burkett for being so responsive to her legal questions. He has been very helpful in helping her understand many legal terms.

Mr. Liebmann was sorry to hear about Ms. Johnson's accident.

X.

Mr. Liebmann said he and his wife were in Dallas last weekend and observed litter in many areas. Oklahoma City citizens and organizations like Oklahoma City Beautiful are doing an outstanding job in keeping litter to a minimum.

On Saturday, Mr. Liebmann and Mr. Paul Brum attended the Celebrate Clean Water festival at Lake Hefner. They were part of a team who removed water from the lake and tested it. The water tested well and Mr. Liebmann said this is possibly one of the reasons the City's water is superior to many other cities. The City just won an award for best-tasting water among the states of Oklahoma, Arkansas and Louisiana. At the festival, Mr. Liebmann participated in discussions about the future of Sardis Lake and the proposed pipeline from the Arbuckle Mountains. Mr. Liebmann thanked Mr. Brum for participating in this event.

Mayor Humphreys attended the Paul McCartney concert last week and said it was wonderful. The sound was fantastic.

Mr. Liebmann said Mr. McCartney sailed at Lake Hefner prior to his concert.

Mayor Humphreys said Mr. McCartney has been in the entertainment world for 38 years and this was his first concert in Oklahoma, because of the Ford Center.

Mayor Humphreys reminded everyone the Senior Tour Pro Am Golf Tournament starts today, with practice rounds tomorrow. The tournament is Thursday through Sunday at Gaillardia Golf and Country Club. He encouraged everyone to attend and thanked the sponsors of the event.

Mr. Cornett went to the tournament last year and said it was tremendous. This event is shown worldwide and puts our City on the map.

Ms. Johnson said the event is contributing money to the First Tee program for children.



XI. Citizens to be Heard.






XII. City Manager Reports.

1. Seatbelt Citation Demographics
2. Central Maintenance Facility, SW 15th Street and Portland Avenue, Report and Presentation



XIII. Adjournment. 10:05 a.m.






_____________________________
Kirk Humphreys
Mayor



ATTEST:



_____________________________ _____________________________
Frances Kersey James D. Couch
City Clerk City Manager

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