THE City Of Oklahoma City

THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

DECEMBER 17, 2002

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on December 13, 2002)

I. Invocation and Pledge of Allegiance.

REV. MONTY PRIEST

NEW CHURCH

PLEDGE LED BY BRENT RINEHART

II. Call to Order. 8:39 a.m.

MAYOR KIRK HUMPHREYS PRESIDING.

ALL MEMBERS PRESENT.

III. From the Office of the Mayor.

A. Appointment of Dr. Mark M. Sneed, Sig Harpman and Leroy Richardson to the Oklahoma City Golf Commission.

STRICKEN.

Mayor Humphreys accepted the Award of Excellence from Keep Oklahoma Beautiful for LitterBlitz, a partnership between The City and Oklahoma City Beautiful. Kerri Reeves and Janie Deupree, Oklahoma City Beautiful, presented the award.

Mayor Humphreys received the State Awards from the Associated Builders and Contractors for the Civic Center Music Hall and the Ford Center. Mark Grimes, Flintco and Carl Williams, Executive Director of Associated Builders and Contractors presented the awards.

The Mayor and Ashley Perkins, Downtown in December, presented the 19^th Annual Downtown Holiday Parade Awards to The Daily Oklahoman, Grand Marshal's Trophy; Sears, Luber Bros & Determan family; Judge's Trophy for Best Holiday Theme; Bank of Oklahoma, Mayor's Trophy for Crowd Favorite; John Marshall High School, Best Marching Band; Douglass High School, Best Entertainment; and Jones High School, Best Holiday Spirit.

Juliet Niece, Downtown Inc., spoke regarding the "Downtown in December" programs. Ms. Johnson presented her with a flower arrangement.

IV. A. Receive Journal of Council Proceedings for December 10, 2002.

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

B. Approve Journal of Council Proceedings for November 26, 2002.

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

V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY. 8:55 a.m.

(Majority of a Quorum required for approval)

1. Resolution awarding contract to Southwestern Bell Telephone Company, for central based telephone service and other associated optional equipment and services, Citywide, retroactive to November 1, 2002 through June 30, 2003.

ADOPTED. MOVED BY MR. LIEBMANN, SECONDED BY MS. SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. INFORMATION TECHNOLOGY DEPARTMENT.

2. Joint resolution modifying the agreement with Express Scripts, Inc., for the purposes of administering a prescription drug management program on behalf of The City of Oklahoma City and participating trust employees, retirees, and eligible dependents, effective January 1, 2003 through December 31, 2003.

ADOPTED. MOVED BY MR. LIEBMANN, SECONDED BY MS. SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.

OCMFA. 3. Joint resolution approving a three-year agreement with Preferred CommunityChoice PPO, Inc. for a preferred provider organization to provide network access to participating health service providers for The City Of Oklahoma City's Group Indemnity Health Plan, to become effective January 1, 2003.

Deferred from December 10, 2002.

DEFERRED TO DECEMBER 31, 2002. PERSONNEL DEPARTMENT.

4. Joint resolution waiving the Authority's/City of Oklahoma City's subrogation claim for payment of medical bills paid under the City's Indemnity Healthcare Plan against the proceeds recovered by Sean Cannon, employee, arising out of injuries sustained in an automobile accident.

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

5. Joint resolution approving a comprehensive Retainer Agreement with Brad Miller for legal defense of City employees, not to exceed $50,000.

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

6. a. Joint resolution authorizing Brad Miller of Durbin, Larimore & Bialick to represent municipal employee, Oklahoma City Police Officer Priscilla Helm in the United States District Court for the Western District of Oklahoma, Case No. CIV-02-1169-R, styled: Mark D. Rice v. Priscilla Helm and Oklahoma City Police Department.

AND/OR

b. Enter into executive session with the Municipal Counselor to discuss said case as authorized by 25 O.S. (2001) §307(B)(4).

ADOPTED: 6. a. NO ACTION TAKEN: 6. b. MOVED BY MR. LIEBMANN, SECONDED BY MS. SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

OCMFA. 7. a. Joint resolution authorizing the Municipal Counselor to settle the Workers' Compensation subrogation claim of The City Of Oklahoma City and the Oklahoma City Municipal Facilities Authority in the case of Rebecca Cleary v. The City Of Oklahoma City, Workers' Compensation Court No. 2001-06063-J.

AND/OR

b. Enter into executive session with the Municipal Counselor to discuss said claim as authorized by 25 O.S. (2001) §307(B)(4).

ADOPTED: 7. a. NO ACTION TAKEN: 7. b. MOVED BY MR. LIEBMANN, SECONDED BY MS. SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

8. Resolution approving Claims and Payrolls No. 25.

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

ADJOURN OCMFA.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY. 8:55 a.m.

(Five of nine affirmative votes required for approval.)

1. Resolution approving Claims and Payrolls No. 25.

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

ADJOURN OCPPA.

CONVENE AS OKLAHOMA CITY ENVIRONMENTAL ASSISTANCE TRUST. 8:55 a.m.

(five of nine affirmative votes required for approval.)

1. Professional Services Agreement with Public Financial Management for Financial Advisor Services, December 17, 2002 through December 16, 2003, not to exceed $50,000.

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

OCEAT. 2. Resolution approving Claims and Payrolls No. 25.

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

ADJOURN OCEAT.

RECONVENE COUNCIL MEETING.

VI. Consent Docket.

A. Resolution granting a Quit Claim Deed conveying surplus real properties from The City Of Oklahoma City's Affordable Housing Program to Walt Davidson Construction Company. Wards 2 and 4.

ADOPTED. MOVED BY MS. JOHNSON, SECONDED BY MR. RINEHART. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.

B. Amendment No. 1 and Change Order No. 1, Project DC-0152, drainage improvements to a tributary of Lightning Creek, SW 71^st Street and Indiana Avenue to SW 67^th Street and Western Avenue, increase of $114,014.40. Ward 5.

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

¢ C. Change Order No. 1, Project MB-0633, Drug Evidence Storage Room, Police Headquarters Building, 701 Colcord Drive, increase of $3,400.14. Ward 6.

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

D. Acceptance of permanent and temporary easements and Waiver of Lien, Project PC-0052, street widening, Western Avenue, SW 134^th Street to SW 179^th Street, $103,599. Ward 5.

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

VI. E. Acceptance of permanent and temporary easements, Project SC-0609, sanitary sewer improvements, Phase II, NW 35^th Street and Venice Boulevard to NW 40^th Street and Pennsylvania Avenue. Ward 2.

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

F. 1. Preliminary Report, Conceptual Master Plan Development and Construction Phase II, Project MP-0213, Recreation and Sports Complex Improvements in South Lakes Park, SW 119^th Street and Meridian Avenue, and authorization to prepare final plans and specifications. Ward 3.

2. Preliminary Report, streetscape improvements for the Plaza District, Project PC-0246, NW 16^th Street from Classen Boulevard to Pennsylvania Avenue, and authorization to prepare final plans and specifications. Ward 6.

APPROVED AND AUTHORIZED: F. 1, 2. MOVED BY MS. SIMANK, SECONDED BY MS. BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

G. Resolution declaring the necessity for acquiring and owning property for the 800 MHz trunked radio tower, Project PS-0001, and water tank expansion, north of Britton Road and east of Morgan Road. Ward 1.

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

H. Resolution approving an application for Tree City USA recertification from the National Arbor Day Foundation for 2002 and authorizing execution of the application.

ADOPTED. MOVED BY MS. JOHNSON, SECONDED BY MR. RINEHART. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.

VI. I. Final plans and specifications to be advertised for bid, Project DC-0211, drainage improvements, SW 74^th Street and Santa Fe Avenue. Ward 5.

APPROVED AND AUTHORIZED. RECEIPT DATE: JANUARY 7, 2003. MOVED BY MS. JOHNSON, SECONDED BY MR. RINEHART. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

J. Resolution establishing the Nine-One-One Emergency Telephone Fee at three percent, pursuant to ordinances and state statutes.

ADOPTED. MOVED BY MS. JOHNSON, SECONDED BY RINEHART. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. INFORMATION TECHNOLOGY DEPARTMENT.

K. Resolution authorizing the purchase of central based telephone service and other associated optional equipment and services from the Oklahoma City Municipal Facilities Authority contract with Southwestern Bell Telephone Company, retroactive to November 1, 2002 through June 30, 2003, $275,000.

ADOPTED. MOVED BY MS. JOHNSON, SECONDED BY RINEHART. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. INFORMATION TECHNOLOGY DEPARTMENT.

L. Professional Services Agreement with Sister Cities International of Oklahoma City, to maintain and coordinate international relationships, retroactive to July 1, 2002 through June 30, 2003.

APPROVED. MOVED BY MS. JOHNSON, SECONDED BY RINEHART. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. CITY MANAGER'S OFFICE.

M. Resolution declaring the cancellation of the regular Council meeting falling on Tuesday, January 28, 2003, due to the Council workshop to be held on that date; declaring items scheduled to be heard on January 28, 2003 be heard on February 4, 2003; and directing the City Clerk to post notice of such cancellation on the doors of the Council Chambers.

ADOPTED. MOVED BY MS. JOHNSON, SECONDED BY MR. RINEHART. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. CITY CLERK'S OFFICE.

VI. N. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $3,853.74 and all costs of the action in the Oklahoma County District Court in the claim filed by Tammy Gamble.

2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,520.12 and all costs of the action in the Oklahoma County District Court in the claim filed by Miguel Perez.

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

O. Joint resolution with the Oklahoma City Municipal Facilities Authority approving a comprehensive Retainer Agreement with Brad Miller for legal defense of City employees, not to exceed $50,000.

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

P. Joint resolution with the Oklahoma City Municipal Facilities Authority waiving the Authority's/City of Oklahoma City's subrogation claim for payment of medical bills paid under the City's Indemnity Healthcare Plan against the proceeds recovered by Sean Cannon, employee, arising out of injuries sustained in an automobile accident.

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

Q. Joint resolution with the Oklahoma City Municipal Facilities Authority modifying the agreement with Express Scripts, Inc., for the purposes of administering a prescription drug management program on behalf of The City Of Oklahoma City and participating trust employees, retirees, and eligible dependents, effective January 1, 2003 through December 31, 2003.

ADOPTED. MOVED BY MS. JOHNSON, SECONDED BY MR. RINEHART. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.

VI. R. Joint resolution with the Oklahoma City Municipal Facilities Authority approving a three-year agreement with Preferred CommunityChoice PPO, Inc. for a preferred provider organization to provide network access to participating health service providers for The City Of Oklahoma City's Group Indemnity Health Plan, to become effective January 1, 2003.

Deferred from December 10, 2002.

DEFERRED TO DECEMBER 31, 2002. PERSONNEL DEPARTMENT.

S. Acceptance of the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2002.

ACCEPTED. MOVED BY MS. JOHNSON, SECONDED BY MR. RINEHART. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. FINANCE DEPARTMENT.

T. Resolution authorizing the sale of $25,000,000 of General Obligation Bonds, Series 2003 of The City Of Oklahoma City, fixing the amount of bonds to mature each year; fixing the time and place the bonds are to be sold; authorizing the publication of a Notice of Sale and approving and authorizing Official Statements.

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

VIII. Items Requiring Separate Votes.

A. Ordinance to be introduced and adopted with emergency, relating to Employee Retirement Programs; amending Section 40-51 of Part A of Division 1 of Article III of Chapter 40 of the Oklahoma City Municipal Code, 1999, regarding the definitions of "Actuarial Equivalent" and "Compensation"; amending Sections 40-75, 40-82 and 40-84 of Part B of Division 1 of Article III of Chapter 40, to clarify how the determination of length of service for retirement is made, to provide a further option for repayment for credit for prior service upon reentry into employment, to amend the rollover provisions, and to amend benefit restrictions and maximum benefits; and enacting a new Section 40-86 of Part B of Division 1 of Article III of Chapter 40, which establishes a latest date for commencement of payment benefits.

INTRODUCED AND ADOPTED WITH EMERGENCY. ORD. #22,103. MOVED BY MR. LIEBMANN, SECONDED BY MR. FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. EMERGENCY: MOVED BY MR. FOSHEE, SECONDED BY MR. SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PERSONNEL DEPARTMENT.

B. Ordinance on final hearing, relating to Purchasing Procedures, amending Chapter 2, Article V, Sections 2-351, 2-442, 2-443 and 2-444 of the Oklahoma City Municipal Code, 1999, by modifying the definition of "requisition", establishing that informal bids will be obtained for open market purchases in amounts established by policy, and expanding the methods by which informal bids may be solicited.

ADOPTED. ORD. #22,100. MOVED BY MR. LIEBMANN, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PROCUREMENT SERVICES DIVISION.

C. Ordinance on final hearing, authorizing the installation of one handicap parking space on the north side of NW 19^th Street starting 21 feet east of Classen Boulevard and extending 10 feet in an easterly direction. Ward 6.

ADOPTED. ORD. #22,101. MOVED BY MS. SIMANK, SECONDED BY MR. FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

VIII. D. Ordinance on final hearing, authorizing installation of "No Parking, 7:45 a.m. to 8:45 a.m. and 3:00 p.m. to 4:00 p.m., Monday through Friday" signs on both sides of NW 44^th Street east of Lee Avenue in front of the middle school; "No Parking, 8:00 a.m. to 4:00 p.m., Monday through Friday" signs on the south side of NW 44^th Street west of Lee Avenue in front of the primary school division; "No Parking, 8:00 a.m. to 9:00 a.m. and 3:00 p.m. to 4:00 p.m., Monday through Friday" signs on the west side of Shartel Avenue at 4300 and 4400 blocks; north side of NW 43^rd Street from Shartel Avenue extending 283 feet west; both sides of NW 43^rd Street from Shartel Avenue extending 420 feet east; and "No Parking, 7:00 a.m. to 6:00 p.m., Monday through Friday" signs on both sides of Coletta Drive between McAuley Boulevard and Green Valley Drive. Ward 2.

ADOPTED. ORD. #22,102. MOVED BY BROOKS, SECONDED BY FOSHEE. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

E. 1. Public hearing re:

a. 405 North Tuttle Street (house, shed) Ward 6

b. 2328 NW 1^st Terrace (house, with attached carport) Ward 6

c. 3509 NW 18^th Street (shed) Ward 6

d. 5913 SW 21^st Street (add-on) Ward 3

2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of December 18, 2002 and January 17, 2003 for commencement and completion of removal by owners.

ADOPTED AS AMENDED: E. 1. a, b, d. STRICKEN: E. 1. c. MOVED BY MS. JOHNSON, SECONDED BY MS. SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, SIMANK, AND JOHNSON. ABSENT: FOSHEE AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.

F. 1. Public hearing re:

a. 105 South Allen Street (house, shed) Ward 6

b. 1913 North Cherry Avenue (house) Ward 7

c. 5024 Kindling Lane (house, pool) Ward 4

d. 9721 North Western Avenue (front house) Ward 2

e. 115 SE 25^th Street (house) Ward 7

f. 711 SE 28^th Street (house) Ward 7

g. 325 SE 52^nd Street (house) Ward 4

VIII. F. 2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED: F. 1. a-f. STRICKEN: F. 1. g. MOVED BY MS. SIMANK, SECONDED BY MS. BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN. FOSHEE ABSENT. NEIGHBORHOOD SERVICES DEPARTMENT.

G. 1. Public hearing.

2. Resolution approving amendments to the Consolidated Plan for the fiscal year 2002-03, Action Year for the Community Development Block Grant Program; approving an allocation of $1,500,000 to the Community Action Agency for the rehabilitation of the John A. Brown/J.C. Penney buildings in the Capitol Hill neighborhood; consideration to commit an additional $1,500,000 from fiscal year 2003-04 funds that the City expects to be allocated by the U.S. Department of Housing and Urban Development; and approving conveyance of the Brown/Penney property to the Community Action Agency, 313-319 West Commerce. Ward 6.

PUBLIC HEARING HELD: G. 1. ADOPTED: G. 2. MOVED BY MS. SIMANK, SECONDED BY MR. LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PLANNING DEPARTMENT.

H. Revocable permit for holding "International Finals Rodeo Event", sponsored by the International Finals Rodeo Association, January 12-20, 2003, Downtown Oklahoma City. Ward 7.

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

I. Resolution approving the request for salary continuation for Firefighter Jaye R. Snow while he continues to require rehabilitation for an on-duty injury, for up to an additional six months, as permitted by state law, providing for an effective date of January 1, 2003.

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

VIII. J. Resolution approving the request for salary continuation for Sergeant Brian Davenport while he continues to require rehabilitation for an on-duty injury, for up to an additional six months, as permitted by state law, providing for an effective date of November 27, 2002.

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

K. 1. Resolution authorizing the Municipal Counselor to appeal to the United States Court of Appeals for the 10^th Circuit the final order and declaratory judgment of the United States District Court for the Western District of Oklahoma, in the case of Benchmark Architectural Systems, Inc. v. The Engineered Metals Company, Inc., Buckner and Moore, Inc. and The City of Oklahoma City, Oklahoma, Case No. CIV-02-905-M.

AND/OR

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

ADOPTED: K. 1. MOVED BY MR. CORNETT, SECONDED BY MR. MCATEE. AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, FOSHEE, JOHNSON, AND LIEBMANN. ABSENT: BROOKS, RINEHART, AND SIMANK. ENTERED EXECUTIVE SESSION: K. 2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

L. 1. Resolution authorizing the Municipal Counselor to confess judgment without admission of liability in a proposed pretrial settlement of the claim of Tynikia Jackson, in the District Court of Oklahoma County case styled Tynikia Jackson v. The City Of Oklahoma City, Case No. CJ-2002-3513, and to execute all necessary documents to pay said judgment.

AND/OR

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

ADOPTED: L. 1. NO ACTION TAKEN: L. 2. MOVED BY MR. LIEBMANN, SECONDED BY SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

VIII. M. 1. Resolution authorizing the Municipal Counselor not to appeal the judgments of the District Court of Oklahoma County in the case of Dennis Williams, et al. v. The City Of Oklahoma City, Case No. CJ-99-2479, and to execute all necessary documents to pay either of said judgments; and authorizing the Municipal Counselor to appeal either of said judgments if in his professional judgment it is appropriate to do so.

AND/OR

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

ADOPTED: M. 1. MOVED BY MS. JOHNSON, SECONDED BY MR. LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, MCATEE, FOSHEE, JOHNSON, AND LIEBMANN. ABSENT: BROOKS, RINEHART, AND SIMANK. ENTERED EXECUTIVE SESSION: M. 2. MOVED BY MR. LIEBMANN, SECONDED BY MS. SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

N. 1. Joint resolution with the Oklahoma City Municipal Facilities Authority authorizing the Municipal Counselor to settle the Workers' Compensation subrogation claim of The City Of Oklahoma City and the Oklahoma City Municipal Facilities Authority in the case of Rebecca Cleary v. The City Of Oklahoma City, Workers' Compensation Court No. 2001-06063-J.

AND/OR

2. Enter into executive session with the Municipal Counselor to discuss said claim as authorized by 25 O.S. (2001) §307(B)(4).

ADOPTED: N. 1. NO ACTION TAKEN: N. 2. MOVED BY MS. SIMANK, SECONDED BY MS. JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

O. 1. Joint resolution with the Oklahoma City Municipal Facilities Authority authorizing Brad Miller of Durbin, Larimore & Bialick to represent municipal employee, Oklahoma City Police Officer Priscilla Helm in the United States District Court for the Western District of Oklahoma, Case No. CIV-02-1169-R, styled: Mark D. Rice v. Priscilla Helm and Oklahoma City Police Department.

AND/OR

VIII. O. 2. Enter into executive session with the Municipal Counselor to discuss said case as authorized by 25 O.S. (2001) §307(B)(4).

ADOPTED: O. 1. NO ACTION TAKEN: O. 2. MOVED BY MS. JOHNSON, SECONDED BY MS. BROOKS. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

P. Enter into executive session with the Municipal Counselor to discuss the case styled Samuel H. Tucker v. David Evans, et al., pending in the United States District Court for the Western District of Oklahoma, Case No. CIV-01-593-L, as authorized by 25 O.S. (2001) §307(B)(4).

ENTERED INTO EXECUTIVE SESSION. MOVED BY MR. LIEBMANN, SECONDED BY MS. SIMANK. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

Q. Resolution approving changes to Police Policies 205.15 Oath of Office, and 290.40 Off-Duty Weapons, and adding Police Policy 226.0 Disclosure of Domestic Violence.

ADOPTED. MOVED BY MS. JOHNSON, SECONDED BY MR. LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. POLICE DEPARTMENT.

R. 1. Claims recommended for denial:

a. Maudie M. Beaird $10

b. Jack Dake, Jr. $135.47

c. Gary Hrdlicka $921.53

d. Joan E. Nall $9.73

e. Eugene H. Shipman $4,607.48

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: R. 1. NO ACTION TAKEN: R. 2. MOVED BY MS. JOHNSON, SECONDED BY MR. LIEBMANN. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

IX. A. 1. Claims for Approval.

a. BRB Contractors, Inc. $50

b. Lippert Bros., Inc. $375

AND/OR

2. Enter into executive session with the Municipal Counselor to discuss the above claims as authorized by 25 O.S. (2001) §307(B)(4).

APPROVED: A. 1. NO ACTION TAKEN: A. 2. MOVED BY MR. LIEBMANN, SECONDED BY MS. JOHNSON. AYES: MAYOR HUMPHREYS, CORNETT, BROOKS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. MUNICIPAL COUNSELOR'S OFFICE.

X. Items from Council.

Mr. Cornett wished everyone a Merry Christmas.

Ms. Brooks thanked Ashley Perkins, Southwestern Bell, for her work with Downtown in December. Ms. Perkins is also a new member of the Urban Design Commission.

Ms. Perkins, Southwestern Bell, informed Council the ice rink is staffed with Southwestern Bell "Pioneers". The Pioneers is SBC's volunteer organization consisting of retirees and active employees. SBC has a serious commitment to the community and the employees take it very seriously. They raised over $120,000 this year for "Downtown in December". Next year "Downtown in December" will be bigger and better. Mayor Humphreys thanked Marsha Lindsey for allowing Ms. Perkins to work on this project.

Mr. McAtee said it is a delight to come downtown and participate in the ice-skating.

Mr. McAtee thanked the Windsor Oaks Neighborhood Association for the certificate they gave him. He congratulated Windsor Hills, Musgrave-Pennington, Windsor Oaks, and Windsor Forest for their Christmas decorations. Mr. McAtee wished a Merry Christmas to everybody.

Mr. Foshee wished everyone a Merry Christmas.

Mr. Foshee inquired about the project on SW 89^th and Western. Mr. Brum stated due to a problem with utilities, this project has gone on longer than anticipated. He has asked the contractor to put a leveling course in the driving lanes to try to level it up a little bit to run smoother. All the equipment will be placed outside the actual driving lanes of the project. No more asphalt work will be done on the streets until after the first of the year to allow traffic to local businesses.

Mr. Foshee attended the Stockyards parade last Saturday and commented it was a very good parade.

Mr. Foshee announced a Judiciary Committee meeting immediately after the Council meeting today.

Ms. Simank commented she was very proud of the Stockyards parade. She is very proud of all the activity in her ward.

Ms. Simank wished everyone a very Merry Christmas and a Happy Holiday season.

Ms. Simank recommended visiting family members come downtown and go ice-skating, see the lights at the Myriad Gardens, and go see the canal while they are in town.

Ms. Johnson wished everyone a very Happy Holiday. She commented on Mr. Rinehart singing in the City Choir and told him how much she enjoyed their performance.

Ms. Johnson congratulated Senator Angela Monson and Representative Opio Toure for winning the ACLU awards this year.

Mr. Liebmann took the Mayor of Nichols Hills and his wife to Zio's in Bricktown last night at 9:00 and the restaurant was three-quarters full.

Mr. Liebmann announced an Oklahoma City Water Utilities Trust meeting at 2:00 p.m. today.

Mr. Liebmann wished everyone a very merry and safe Christmas and stated that he would see everyone on New Years Eve!

Mayor Humphreys said these are good days in Oklahoma City and we are blessed to live in Oklahoma City. He thanks God for Council, staff, and the citizens of Oklahoma City. He said it is his privilege to serve everyone; also Merry Christmas to everyone and have a great time with your family and friends.

Ms. Brooks introduced her daughter Cheryl and her boyfriend Chris Fields from Tampa, Florida.

XI. Citizens to be Heard.

XII. City Manager Reports.

1. Illegal Sign Enforcement and Education Report and Presentation

John Dugan, Planning Director, presented the report showing examples of the various signs that will be targeted.

2. Wireless 9-1-1 Status Presentation

Lucien Jones, Communications Technology Manager, updated the Mayor and Council on the use of 911 from a cellular phone.

3. 8-Hour Ozone Compact Program for Clean Air

Zach Taylor, Association of Central Oklahoma Governments, presented the report on clean air.

4. December 2002 Sales and Use Tax Collections

The City Manager presented a revised report on sales and use tax collections.

XIII. Adjournment.

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Kirk Humphreys

Mayor

ATTEST:

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Frances Kersey
City Clerk

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James D. Couch
City Manager