THE City Of Oklahoma City

THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

SEPTEMBER 23, 2003

(The agenda was posted on the Council Chamber bulletin board at 4:04 p.m. on September 19, 2003.)

I. Invocation and Pledge of Allegiance.

REVEREND T. J. ROBERTS

EVANGELISTIC BAPTIST CHURCH OF CHRIST

PLEDGE LED BY COUNCILWOMAN SIMANK

II. Call to Order. 8:35 a.m.

VICE MAYOR JOHNSON PRESIDING.

MAYOR HUMPHREYS ABSENT.

III. From the Office of the Mayor.

PROCLAIMED: September 29 to October 5, 2003, as Aerospace America Week, received by Jon Hansen, Don Dennis, Lois Lawson, Pam Kennedy, Don Miller, Luther Trent and Layton Perry.

PROCLAIMED: October 2003, as Fire Prevention Month, received by Fire Chief Alan Benson, Battalion Chief John Long, Major Tim Adams, Major O.J. Greenhoward and Major Larry Waddle.

PROCLAIMED: October 31, 2003, as Meet and Treat Night, received by Wendel Whisenhunt, Parks & Recreation Director.

IV. A. Receive Journal of Council Proceedings for September 9, 2003.

RECEIVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.

IV. B. Approve Journal of Council Proceedings for August 26, 2003.

APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.

V. Request for Uncontested Continuances.

VI. T. VIII. B. 1 VIII. B. 2.

10-07-03 10-07-03 10-14-03

RECESS COUNCIL MEETING. 8:55 a.m.

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

(Majority of a Quorum required for approval)

1. Rejection of bids and re-advertisement of final plans and specifications, Project MP-0305, recreation and sports complex improvements in South Lakes Park (Phase II), SW 119^th Street and Meridian Avenue. Ward 3.

REJECTED AND APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

2. a. Joint resolution authorizing Robert E. Manchester and Susan Ann Knight 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-03-410F, styled: Sherrece Latrell Bacy, et al. vs. Priscilla Helm, et al.

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: 2. a. NO ACTION TAKEN: 2. b. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.

OCMFA. 3. a. Joint resolution authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employee, Oklahoma City Police Officer, Sgt. Steve Stolz in the United States District Court for the Western District of Oklahoma, Case No. CIV-03-1228R, styled: James A. McMillen vs. The City of Oklahoma City, et al.

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: 3 a. NO ACTION TAKEN: 3. b. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.

4. Joint resolution authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of Workers’ Compensation Court:

a. Claim No. 2000-04034J, styled: Gayle Duane Clark, 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.

b. Claim No. 2000-10701H, styled: Gayle Duane Clark, 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.

c. Claim No. 2002-02697LJ, styled: Arthur L. Belvin, 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.

OCMFA. 4. d. Claim No. (to be assigned), styled: Ronald L. Young, 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: 4. a-d. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. FINANCE DEPARTMENT.

5. 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. 2001-18919A, styled: Richard Gregory Dixon, 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 Order 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 SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. FINANCE DEPARTMENT.

6. 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. 2002-17245Q, styled: Henry Butler, III, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. FINANCE DEPARTMENT.

ADJOURN OCMFA. 8:56 a.m.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY. 8:56 a.m.

(Five of nine affirmative votes required for approval.)

1. Professional Services Agreements:

a. Downtown Oklahoma City, Inc., for professional services, both related and non-related to the Downtown Oklahoma City Business Improvement District, Oklahoma City Improvement and Special Services Assessment District Number 2, Downtown Oklahoma City including Automobile Alley, Bricktown, the Central Area, the Civic-Cultural Area, and Deep Deuce, not to exceed $1,251,673, October 1, 2003 through September 30, 2004. Wards 6 and 7.

b. Stockyards City Main Street, Inc., for professional services related to the Stockyards City Business Improvement District, Oklahoma City Improvement and Special Services Assessment District Number 1, intersection of Agnew Avenue and Exchange Avenue, Stockyards City, $11,500, October 1, 2003 through September 30, 2004. Ward 6.

APPROVED: 1. a,b. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PLANNING DEPARTMENT.

2. Resolution reserving the Golf System Equipment Replacement Fund unallocated June 30, 2003, fund balance for equipment purchases or debt services for equipment purchases.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.

3. Resolution establishing “Frequent Player’s Card” and “Tour of the City” discount books to encourage play at the Oklahoma City Public Property Authority Golf Courses.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.

OCPPA. 4. Resolution amending the Golf Course Courtesy/Employee Rounds policy to include members of sponsored tours of the Professional Golf Association and the Ladies Professional Golf Association.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PARKS AND RECREATION DEPARTMENT.

ADJOURN OCPPA. 8:58 a.m.

CONVENE AS OKLAHOMA CITY ENVIRONMENTAL ASSISTANCE TRUST. 8:58 a.m.

(five of nine affirmative votes required for approval.)

1. Resolution accepting the donation and delivery of 200 96-gallon wheel carts model 60204 valued at $8,200 from IPL Products, LTD.

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

ADJOURN OCEAT. 8:59 a.m.

RECONVENE COUNCIL MEETING.

VI. Consent Docket.

A. Contract award and approval, J & R Equipment (C48020), five contractor’s bodies and hoists, $26,755.

AWARDED AND APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PROCUREMENT SERVICES DIVISION.

B. Renewal of contract, CAC Financial Corp. (R4-C12151), skip tracing and collection of delinquent accounts, retroactive to July 1, 2003 through June 30, 2004.

APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PROCUREMENT SERVICES DIVISION.

VI. C. Resolution authorizing the purchase from State Contract:

1. Computers (S4-SW00206), retroactive to September 2, 2003 through June 30, 2004.

2. Culverts (S4-SW20094), retroactive to July 1, 2003 through April 30, 2004.

3. Reflective sheeting (S4-SW30058), retroactive to July 1, 2003 through March 31, 2004.

ADOPTED: C. 1-3. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PROCUREMENT SERVICES DIVISION.

D. Resolution approving an agreement with R.K. Black, Inc. (C47220), lease and maintenance of one Ricoh Aficio 1060 digital copier, September 23, 2003 through June 30, 2004.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PROCUREMENT SERVICES DIVISION.

E. Ordinances to be introduced and set for final hearing October 14, 2003:

1. (PC-9820) 2113 South Pennsylvania Avenue from C-3 Community Commercial to I-1 Light Industrial. Ward 6.

2. (PC-9825) 9203 North County Line Road from R-3M Medium Density Multi-Family Residential and C-1 Neighborhood Commercial to R-1 Single Family Residential. Ward 1.

3. (PC-9827) 4727 NW 39^th Street from C-3 Community Commercial to I-1 Light Industrial. Ward 1.

4. (PC-9828) 4501 North I-35 Service Road from PUD-812 Planned Unit Development to R-1 Single Family Residential. Ward 7.

5. (PC-9829) 3401 South Morgan Road from R-A Single Family Rural Residential to R-1 Single Family Residential. Ward 3.

6. (PUD-943) 9200 North May Avenue from PUD-96 Planned Unit Development to PUD-943 Planned Unit Development. Ward 8.

VI. E. 7. (PUD-945) 14005 North Harvey Avenue from I-1 Light Industrial and I-2 Moderate Industrial to PUD-945 Planned Unit Development. Ward 8.

INTRODUCED AND SET FOR FINAL HEARING OCTOBER 14, 2003: E. 1-7. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PLANNING DEPARTMENT.

F. 1. Ordinance to be introduced and set for final hearing October 28, 2003, (CE-618) closing SE 85^th Street, extending west from Sunnylane Road. Ward 4.

2. Resolution establishing a date for enactment of said ordinance and determining those entitled to notice.

INTRODUCED AND SET FOR FINAL HEARING OCTOBER 28, 2003: F. 1. ADOPTED: F. 2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PLANNING DEPARTMENT.

G. Surveyor’s Certificate and Correction of Plat for Deer Run Addition, Section 3, north of west Highway 66 and east of Sara Road. Ward 1.

APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PLANNING DEPARTMENT.

H. Resolution accepting Quit Claim Deed for vacant properties from the Board of County Commissioners of Oklahoma County and authorizing conveyance of the properties to Central Oklahoma Habitat for Humanity, Inc., as part of The City’s Affordable Housing Program. Wards 4, 6 and 7.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PLANNING DEPARTMENT.

VI. I. Resolution accepting the irrevocable letter of credit and dedications contained in the final plat of Marbleleaf Addition, Section 1, south of NW 150^th Street and east of Pennsylvania Avenue. Ward 8.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PLANNING DEPARTMENT.

J. Resolution releasing the irrevocable letter of credit for Southwood, Section III, north of SW 119^th Street and east of May Avenue. Ward 5.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PLANNING DEPARTMENT.

K. Rejection of bids and re-advertisement of final plans and specifications, with the Oklahoma City Municipal Facilities Authority, Project MP-0305, recreation and sports complex improvements in South Lakes Park (Phase II), SW 119^th Street and Meridian Avenue. Ward 3.

REJECTED AND APPROVED. BID RECEIPT DATE: OCTOBER 14, 2003. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

L. Assignment of contract for engineering services to Smith Roberts Baldischwiler, LLC, Project DC-0165, Drainage and Flood Study and FEMA map revision, 6200 South Santa Fe Avenue, north to SW 45^th Street and South Broadway Avenue. Wards 4 and 5.

ASSIGNED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

$ M. Change Order No. 1, Project MB-0675, downtown arena additional suite build out, 100 West Reno Avenue, increase of $449.65, accepting the project, and placing maintenance bond into effect. Ward 7.

APPROVED, ACCEPTED AND PLACED IN EFFECT. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

VI. N. Change Order No. 3, Project MP-0213, Construction Phase I, Recreation and Sports Complex improvements in South Lakes Park, SW 119^th Street and South Meridian Avenue, increase of $18,092. Ward 3.

APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

O. Change Order No. 5, Project MB-0572, new Central Maintenance Facility – Phase II, west of Portland Avenue and south of SW 15^th Street, increase of $7,948.42. Ward 3.

APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

P. Ratify and approve Addenda Nos. 1, 2 and 3, and award contract to Atlas General Contracting, Inc., Project MB-0662, Emergency Communications Center, 715 Robert S. Kerr Avenue, northeast of the intersection of Robert S. Kerr Avenue and Shartel Avenue, $4,630,000; assigning Standard Testing and Engineering, Inc. as testing laboratory; and approving contract and bonds. Ward 6.

RATIFIED, AWARDED, ASSIGNED AND APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

Q. 1. Ratify and approve Addendum No. 1, and adopt resolution extending time for award of joint contract and awarding joint contract to Rudy Construction Company, Project PC-0234 and Project WC-0471, SW 25^th Street streetscape improvements, SW 25^th Street from Shields Boulevard to Walker Avenue, $1,242,625.30; assigning Professional Services, Inc. as testing laboratory; and approving contract and bonds. Wards 6 and 7.

VI. Q. 2. Amendment No. 1 and Change Order No. 1, Project PC-0234 and WC-0471, SW 25^th streetscape improvements, SW 25^th Street from Shields Boulevard to Walker Avenue, decrease of $109,784. Wards 6 and 7.

RATIFIED, ADOPTED, ASSIGNED, AND APPROVED: Q. 1. APPROVED: Q. 2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

R. Ratify and approve Addendum No. 1 and award contract to Rudy Construction Co., Project PM-0160, utility cut repairs, city-wide, $528,275; and approving contract and bonds. Wards 1, 2, 3, 4, 5, 6, 7 and 8.

RATIFIED, AWARDED AND APPROVED AS AMENDED. (AMENDMENT: NOT TO EXCEED $500,000.) MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

S. Final acceptance, Contract No. PR-9-01/02, street resurfacing; Project No. 1 – SW 149^th Street and Western Avenue to South Santa Fe Avenue, and Project No. 2 – SW 164^th Street, South Western Avenue to South Santa Fe Avenue; and placing maintenance bond into effect. Ward 5.

ACCEPTED AND PLACED IN EFFECT. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

T. Real Estate Purchase Agreement and Quit Claim Deed with Charles A. Shadid, L.L.C. for surplus property located on the north side of NW 10^th Street, west of Western Avenue, $36,000. Ward 6.

Deferred from October 1, 2002, January 7, and July 1, 2003.

DEFERRED TO OCTOBER 7, 2003. PUBLIC WORKS DEPARTMENT.

VI. U. Right-of-Way Agreement with Oklahoma Natural Gas Company to reroute an existing pipeline, north of SE 15^th Street at Santa Fe Avenue. Ward 7.

APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

V. Memorandum of Understanding with The City of Yukon, street improvements, Mustang Road from I-40 to NW 23^rd Street (Vandement), $1,413,200. Wards 1 and 3.

APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

W. Resolution requesting the Oklahoma Transportation Commission and the Oklahoma Department of Transportation provide highway safety improvements to I-44, (median barriers), I-44 from I-40 to the South Canadian River. Wards 3, 5 and 6.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

X. Resolution declaring the necessity for acquiring and owning permanent and temporary easements, Project DC-0178, storm drainage, north of Hefner Road between Rockwell Avenue and MacArthur Boulevard. Ward 8.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

Y. Acceptance of permanent easements, Project WC-0355, water main construction, Martin Luther King Boulevard between NE 10^th Street and NE 36^th Street. Ward 7.

ACCEPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

VI. Z. Release of permanent easement, John Kilpatrick Turnpike and May Avenue. Ward 8.

RELEASED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

AA. Grant of permanent easements to OG&E Electric Service, site construction of the 800 MHz trunked radio communications system, Trosper Park, 2502 SE Grand Boulevard, and 9100 South Santa Fe Avenue. Wards 4 and 7.

GRANTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

BB. Acceptance of permanent and temporary easements, Project WC-0433, water line construction, County Line Road between SW 59^th Street and SW 74^th Street. Ward 3.

ACCEPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. WATER AND WASTEWATER UTILITIES DEPARTMENT.

CC. Oil and Gas Division Order with the Oklahoma City Water Utilities Trust and Ascent Energy, Inc. for Collins 2-29 Oil and Gas Well, Coal County near the Atoka Pipeline Coalgate Pump Station.

APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. WATER AND WASTEWATER UTILITIES DEPARTMENT.

DD. Amendment to lease agreement with South Lakes Soccer Club, Inc., to include lease of an existing storage facility to store tractors and maintenance equipment, South Lakes Soccer Complex, northeast corner of South Lakes Park, $600 in annual revenue. Ward 3.

APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PARKS AND RECREATION DEPARTMENT.

VI. EE. Permit to conduct aerial demonstration, with Aerospace America International Airshow, Inc., dba Aerospace America 2003 and Trade Exposition, Will Rogers World Airport, October 2, 3, 4, and 5, 2003. Ward 3.

APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. DEPARTMENT OF AIRPORTS.

FF. Professional Services Agreement, with Sister Cities International of Oklahoma City, to coordinate international relationships, $6,675, retroactive to July 1, 2003 through June 30, 2004.

APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. CITY MANAGER’S OFFICE.

GG. Fiscal Agent Agreement with the Chief Local Elected Officials Board for the Central Oklahoma Workforce Investment Area, establishing revenue up to $129,817 for the second, third and fourth quarters fiscal year 2003-04, October 1, 2003 through June 30, 2004.

APPROVED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PERSONNEL DEPARTMENT.

HH. Resolution approving modifications to Contracts for Goods or Services:

1. American Training Institute, a for-profit organization, altering the scope of work by increasing the duration of specific class sessions provided to customers of the Central Oklahoma Workforce Center, increase of $4,537.50, retroactive to August 4, 2003 through June 30, 2004. Ward 6.

2. DeMarge College, a for-profit organization, altering the scope of work by increasing the duration of specific class sessions provided to customers of the Central Oklahoma Workforce Center, increase of $5,802.50, retroactive to August 4, 2003 through June 30, 2004. Ward 6.

VI. HH. 3. Eagle Ridge Institute, a for-profit organization, altering the scope of work by increasing the duration of specific class sessions provided to customers of the Central Oklahoma Workforce Center, increase of $2,585, retroactive to August 4, 2003 through June 30, 2004. Ward 6.

ADOPTED: HH. 1-2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. ADOPTED AS AMENDED: HH. 3. (AMENDMENT: EAGLE RIDGE INSTITUTE, A NONPROFIT ORGANIZATION.) MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PERSONNEL DEPARTMENT.

II. Resolution approving a modification of the Central Oklahoma Workforce Investment Area One-Stop Operations Agreement between the Board of Local Elected Officials and The City of Oklahoma City, establishing second quarter fiscal year 2003-04 funding up to $270,714 and designating deposit of proceeds, October 1, 2003 through December 31, 2003.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PERSONNEL DEPARTMENT.

JJ. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $10,565.67 and all costs of the action in the Oklahoma County District Court in the claim filed by Jill S. Manley.

2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,889.01 and all costs of the action in the Oklahoma County District Court in the claim filed by Southwestern Bell Telephone.

ADOPTED: JJ. 1,2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. MUNICIPAL COUNSELOR’S OFFICE.

VI. KK. 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:

1. Claim No. 2000-04034J, styled: Gayle Duane Clark, 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.

2. Claim No. 2000-10701H, styled: Gayle Duane Clark, 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.

3. Claim No. 2002-02697L, styled: Arthur L. Belvin, 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.

4. Claim No. (to be assigned), styled: Ronald L. Young, 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: KK. 1-4. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. FINANCE DEPARTMENT.

VI. LL. 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. 2001-18919A, styled: Richard Gregory Dixon, 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 Order 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 SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. FINANCE DEPARTMENT.

MM. 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. 2002-17245Q, styled: Henry Butler, III, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. FINANCE DEPARTMENT.

$ NN. Final acceptance, Project MB-0638, Myriad (Cox Business Services Convention Center) Plaza and Reno Avenue renovation, One Myriad Gardens; and placing maintenance bond into effect. Ward 7.

ACCEPTED AND PLACED IN EFFECT. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PUBLIC WORKS DEPARTMENT.

VII. Concurrence Docket.

A. Concurrence with the Oklahoma City Water Utilities Trust in approving plans and specifications to be advertised for bids:

1. Project SC-0605, sanitary sewer replacement, NW 14^th Street to NW 19^th Street from Western Avenue to Walker Avenue. Ward 6.

VII. A. 2. Project WC-0402, water main replacement, NW 23^rd Street to Cashion Place between Lyon Boulevard to Portland Avenue. Wards 1 and 2.

3. Project WC-0433, water transmission main, County Line Road from SW 59^th Street to SW 74^th Street. Ward 3.

CONCURRED: A. 1-3. BID RECEIPT DATE SEPTEMBER 30, 2003: A. 1, 3. BID RECEIPT DATE OCTOBER 7, 2003: A. 2. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. WATER AND WASTEWATER UTILITIES DEPARTMENT.

B. Concurrence with the Oklahoma City Water Utilities Trust in approving specifications to be advertised for bids, Project WC-0429, rehabilitation of water tank, west of State Highway 92 on Reno Avenue. Ward 3.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. WATER AND WASTEWATER UTILITIES DEPARTMENT.

C. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1, Project WC-0442, water main replacement, Bywater Road and SW 121^st Street, decrease $20,238.15; accepting the project; and placing maintenance bond into effect. Ward 5.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. WATER AND WASTEWATER UTILITIES DEPARTMENT.

D. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1, Project WC-0416, water main replacement, NW 42^nd Street to NW 52^nd Street between North May Avenue to Linn Avenue. Ward 2.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. WATER AND WASTEWATER UTILITIES DEPARTMENT.

VII. E. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in recommending the Oklahoma City Public Schools Board of Education approve the final plans and specifications, Project EB-0006, roof replacement and selective masonry restoration, Willard Alternative Center, 1400 NW 3^rd Street. Ward 6.

CONCURRED. BID RECEIPT DATE: OCTOBER 14, 2003. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. MAPS PROJECT OFFICE.

F. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving the contract for architectural services with Atkins Americas, Inc., Project ES-0017, Cesar Chavez Elementary School, fee of $797,161.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. MAPS PROJECT OFFICE.

G. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving the application of funding, Midwest City-Del City School District, eight school buses, $410,168. Ward 4 and Midwest City.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. MAPS PROJECT OFFICE.

H. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in recommending the Oklahoma City Public Schools Board of Education approve the Preliminary Report, Project EB-0005, new Grant High School, 5016 South Pennsylvania Avenue. Ward 4.

CONCURRED. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. MAPS PROJECT OFFICE.

VIII. Items Requiring Separate Votes.

A. Ordinance on final hearing (emergency) recommended for approval (five of nine affirmative votes required for approval), (PC-9830) 321 SE 37^th Street from R-1 Single Family Residential to R-2 Medium Low Density Residential. Ward 7.

ADOPTED WITHOUT EMERGENCY. ORD. #22,317. MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND LIEBMANN. ABSENT: RINEHART. PLANNING DEPARTMENT.

B. Ordinances on final hearing:

1. (PUD-937) 701-725 East Britton Road and 9401-9625 North Lindsay Avenue from R-1 Single Family Residential to PUD-937 Planned Unit Development. Ward 7.

Deferred from September 9, 2003.

Request for deferral to October 7, 2003.

2. (PUD-944) 14200-14220 North Pennsylvania Avenue and 1901-2035 NW 142^nd Street from PUD-57 Planned Unit Development to PUD-944 Planned Unit Development. Ward 8.

Deferred from September 9, 2003.

Request for deferral to October 14, 2003.

DEFERRED TO OCTOBER 7, 2003: B. 1. DEFERRED TO OCTOBER 14, 2003: B. 2. PLANNING DEPARTMENT.

C. Ordinance on final hearing (emergency) recommended for denial, (CE-596) closing all of SW 82^nd Street between South Broadway Avenue and South Santa Fe Avenue. Ward 5.

Deferred from December 10, 2002, and April 29, July 1, and July 15, 2003.

ADOPTED WITHOUT EMERGENCY. ORD. #22,318. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PLANNING DEPARTMENT.

VIII. D. 1. Resolution adopting and confirming an Assessment Roll, Year 2003-04, for the Stockyards City Business Improvement District, Oklahoma City Improvement and Special Services Assessment District Number 1, intersection of Agnew Avenue and Exchange Avenue, Stockyards City. Ward 6.

ADOPTED. MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PLANNING DEPARTMENT.

2. Amendment to provide effective date of October 2, 2003.

APPROVED. MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PLANNING DEPARTMENT.

3. Ordinance on final hearing (emergency), adopting and ratifying the assessment roll for the Stockyards City Business Improvement District, Oklahoma City Improvement and Special Services Assessment District Number One; establishing the time and terms of payment of the assessments and other expenses; fixing penalties to be charged for delinquent payments of the assessments or an installment thereof; setting forth tracts or parcels of land against which the assessments are being adopted, ratified, and levied; directing the City Clerk to prepare, sign, attest, and record with the Office of the County Clerk of Oklahoma County, within 60 days of the publication of this Ordinance, a claim of lien for any unpaid amount due and assessed against a tract or parcel of land. Ward 6.

ADOPTED WITH EMERGENCY. ORD. #22,311. MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. EMERGENCY. MOVED BY LIEBMANN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PLANNING DEPARTMENT.

VIII. E. 1. Resolution adopting and confirming an Assessment Roll, for the Downtown Oklahoma City Business Improvement District, Oklahoma City Improvement and Special Services Assessment District Number 2, Downtown Oklahoma City including Automobile Alley, Bricktown, the Central Area, the Civic-Cultural Area, and Deep Deuce. Wards 6 and 7.

ADOPTED. MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART AND LIEBMANN. ABSENT: FOSHEE AND SIMANK. PLANNING DEPARTMENT.

2. Ordinance on final hearing (emergency), adopting and ratifying the assessment roll for the Downtown Oklahoma City Business Improvement District, Oklahoma City Improvement and Special Services Assessment District Number Two; establishing the time and terms of payment of the assessments and other expenses; fixing penalties to be charged for delinquent payments of the assessments or an installment thereof; setting forth tracts or parcels of land against which the assessments are being adopted, ratified, and levied; directing the City Clerk to prepare, sign, attest, and record with the Office of the County Clerk of Oklahoma County, within 60 days of the publication of this Ordinance, a claim of lien for any unpaid amount due and assessed against a tract or parcel of land. Wards 6 and 7.

ADOPTED WITH EMERGENCY. ORD. #22,312. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE AND LIEBMANN. ABSENT: SIMANK. EMERGENCY. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PLANNING DEPARTMENT.

VIII. F. 1. Ordinance on final hearing (emergency), amending Chapter 59, Article XXI of the Oklahoma City Municipal Code, 2002, by the creation of a new Section 59-21140 Mayfair Heights Urban Conservation District.

ADOPTED WITH EMERGENCY. ORD. #22,315. MOVED BY LIEBMANN, SECONDED BY BOWMAN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. EMERGENCY. MOVED BY LIEBMANN, SECONDED BY BOWMAN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PLANNING DEPARTMENT.

2. Ordinance on final hearing (emergency), (UC-14) establishing the Mayfair Heights Urban Conservation District, between North May Avenue, North Miller Avenue, NW 50^th Street and NW 41^st Street. Ward 2.

ADOPTED WITH EMERGENCY. ORD. #22,316. MOVED BY BOWMAN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. ABSENT: CORNETT. EMERGENCY. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. ABSENT: CORNETT. PLANNING DEPARTMENT.

G. Ordinance on final hearing, amending Chapter 60, Title 59, Article VII, Administration of the Oklahoma City Municipal Code, 2002, as amended, pertaining to the addition of a fee for construction mobile homes.

ADOPTED. ORD. #22,313. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: VICE MAYOR JOHNSON, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. ABSENT: CORNETT. PLANNING DEPARTMENT.

H. Ordinance on final hearing, relating to zoning, amending Chapter 59, Article VI, Section 59-6300.1 of the Oklahoma City Municipal Code, 2002, as amended, pertaining to qualified use and structure regulations by providing conditions for vehicle impound yards and damaged vehicle auctions, and providing conforming uses.

DEFERRED TO MARCH 23, 2004. MOVED BY BOWMAN, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PLANNING DEPARTMENT.

VIII. I. 1. Public hearing re:

a. 13400 Kasbaum Lane (mobile home) Ward 4

b. 6616 South Kelley Avenue (house) Ward 4

c. 1715 North Kentucky Avenue (garage) Ward 6

d. 2008 North Martin Luther King Avenue (garage) Ward 7

e. 2812 North Robinson Avenue (apartment building) Ward 7

f. 3119 South Santa Fe Avenue (house w/attached carport) Ward 6

g. 25 NE 7^th Street (house, cellar) Ward 7

h. 29 NE 7^th Street (house) Ward 7

i. 837 NE 20^th Street (house) Ward 7

j. 824 NE 28^th Street (garage) Ward 7

k. 828 NE 28^th Street (garage) Ward 7

l. 3308 SE 89^th Street aka Lot 293 (mobile home) Ward 4

m. 2310 SW 25^th Street (south house, middle garage) Ward 6

Deferred from July 29, 2003.

2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of September 24, 2003 and October 24, 2003 for commencement and completion of removal by owners.

ADOPTED AS AMENDED: I. 1. a,c, e-m. DEFERRED TO NOVEMBER 18, 2003: I. 1. b. STRICKEN: I. 1. d. MOVED BY CORNETT, SECONDED BY MCATEE. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.

J. 1. Public hearing re:

a. 7504 Clayton Drive (pool) Ward 1

b. 12111 North I-35 Service Road (commercial building, well house) Ward 7

c. 6700 North Post Road (house, shed) Ward 7

d. 4 NE 4^th Street (commercial building) Ward 7

e. 144 NE 16^th Street aka 1617 North Walnut Avenue (house) Ward 7

f. 1241 SW 19^th Street (house, cellar) Ward 6

g. 1001 NW 21^st Street (apartment, garage) Ward 6

h. 844 NE 28^th Street (house) Ward 7

i. 1531 NW 32^nd Street (house) Ward 2

j. 1601 NW 34^th Street (house) Ward 2

k. 1520 NE 43^rd Street (house) Ward 7

l. 2000 NW 48^th Street (house add on) Ward 2

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

ADOPTED AS AMENDED: J. 1. a-f, h,i, k,l. DEFERRED TO OCTOBER 7, 2003: J. 1. g. STRICKEN: J. 1. j. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. NEIGHBORHOOD SERVICES DEPARTMENT.

K. 1. Public Hearing.

2. Resolution creating Street Improvement Assessment District #1618, Booker between South Harrah Road and Main Street and on Main Street from Gilbert to one block north of Teddy in Newalla Original Addition; pursuant to 11 O.S. (2001) § 39-101, et seq; acknowledging that a public hearing has been held; determining that the improvements requested by the Petitioner are advisable; directing the City Manager to take all necessary steps to cause the improvements to be constructed; including the competitive bidding of a contract for the construction of such improvements; and directing the City Manager to present such contract to the Council for consideration. Ward 4.

PUBLIC HEARING HELD: K. 1. DEFERRED TO MARCH 23, 2004: K. 2. MOVED BY RINEHART, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, BOWMAN, MCATEE, RINEHART, SIMANK AND LIEBMANN. NAY: CORNETT. ABSENT: FOSHEE. MUNICIPAL COUNSELOR’S OFFICE.

L. Resolution amending the funding plan for the implementation of the Bass Pro Shops Project in Oklahoma City and directing the City Manager to take the steps necessary for implementation of this amendment to the funding plan and its recommendations, increase of $1,767,177. Ward 7.

ADOPTED. MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, SIMANK AND LIEBMANN. NAYS: RINEHART AND FOSHEE. FINANCE DEPARTMENT.

VIII. M. Revocable permits for holding:

1. 16^th Street Festival, September 27, 2003, sponsored by the Plaza District Association, between Gatewood Avenue and Indiana Avenue. Ward 6.

2. Mesta Festa, September 27, 2003, sponsored by the Mesta Park Neighborhood Association, Mesta Park. Ward 6.

3. Race for the Cure, October 4, 2003, sponsored by the Susan G. Komen Breast Cancer Foundation, Downtown. Ward 7.

APPROVED: M. 1,2. MOVED BY SIMANK, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. APPROVED: M. 3. MOVED BY SIMANK, SECONDED BY BOWMAN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

N. Resolution adopting the biennial Capital Improvement Plan 2004-2008.

ADOPTED. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. FINANCE DEPARTMENT.

O. Resolution approving the request for salary continuation for Fire Lieutenant Marc Armstrong while he continues to require rehabilitation for an on-duty injury, for up to an additional six months, as permitted by State law, and providing for an effective date of September 16, 2003.

ADOPTED. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. FIRE DEPARTMENT.

P. 1. Joint resolution with the Oklahoma Municipal Facilities Authority authorizing Robert E. Manchester and Susan Ann Knight 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-03-410F, styled: Sherrece Latrell Bacy, et al. vs. Priscilla Helm, et al.

AND/OR

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

ADOPTED: P. 1. NO ACTION TAKEN: P. 2. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.

Q. 1. Joint resolution with the Oklahoma City Municipal Facilities Authority authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employee, Oklahoma City Police Officer, Sgt. Steve Stolz in the United States District Court for the Western District of Oklahoma, Case No. CIV-03-1228R, styled: James A. McMillen vs. The City of Oklahoma City, et al.

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: Q. 1. NO ACTION TAKEN: Q. 2. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.

R. 1. Resolution approving a Settlement Agreement in the Oklahoma County District Court Case of William Joseph O’Neil vs. The City of Oklahoma City, CJ-2003-3440; and authorizing the Municipal Counselor and the Mayor to execute all Documents, Conveyances and Instruments of Title necessary to effectuate said Settlement Agreement.

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: R. 1. NO ACTION TAKEN: R. 2. MOVED BY FOSHEE, SECONDED BY SIMANK. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.

VIII. S. Enter into executive session with the Municipal Counselor to discuss the case of Alford vs. the Oklahoma City Police Department in the United States District Court for the Western District of Oklahoma, Case No. CIV-00-1004-CH, as authorized by 25 O.S. (2001) § 307(B)(4).

ENTERED INTO EXECUTIVE SESSION. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.

T. Enter into Executive Session to discuss the upcoming mediation in the case of Kirby-Smith Machinery, Inc. vs. The City of Oklahoma City, et al., CJ-2000-1254-66, District Court of Oklahoma County, as authorized by 25 O.S. (2001) § 307(B)(4).

ENTERED INTO EXECUTIVE SESSION. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.

U. 1. Claims recommended for denial:

a. Laverne M. Burrows $76.65

b. Gregory and Charlotte Crowder $230

c. Crown Heights-Edgemere Heights Homeowners Association $215

d. Tom Griffith $307.55

e. David Litton $1,888.45

f. Tom and Vicki Lock $295.58

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: U. 1. a-f. NO ACTION TAKEN: U. 2. MOVED BY LIEBMANN, SECONDED BY FOSHEE. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.

IX. A. 1. Claims for Approval.

a. Terri L. Furman $692.99

b. OG&E $454.58

AND/OR

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

APPROVED: A. 1. a,b. MOVED BY FOSHEE, SECONDED BY LIEBMANN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN. MUNICIPAL COUNSELOR’S OFFICE.

X. Items from Council.

A. Ordinance on final hearing, related to smoking in public places and indoor workplaces; amending Chapter 30 of the Oklahoma City Municipal Code, 2002, by enacting a new Article XVIII, and Sections 30-470 through 30-476; providing definitions; prohibiting the possession of lighted tobacco in certain places; providing exemptions; providing for designated smoking rooms and areas; providing for postings; providing for violation and penalty; and providing for enforcement.

Councilman Bowman

ADOPTED. ORD. #22,314. MOVED BY LIEBMANN, SECONDED BY BOWMAN. AYES: VICE MAYOR JOHNSON, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.

Mr. Cornett asked if he could get a list of stop light locations that have been approved but are still unfunded.

Mr. Bowman congratulated City Manager Jim Couch on the wonderful new hazardous waste facility. Mr. Bowman said he recently disposed of some hazardous waste and was impressed with the entire operation. He said while visiting the facility he picked up one of the pamphlets and suggested including this pamphlet in future water bill mailings.

Mr. McAtee thanked Senator Wilcoxson and Representative Young for inviting him to their town meeting last night.

Mr. McAtee said the owners and management team of the 23^rd Street Apartments have invited leaders and business owners from the surrounding neighborhoods to attend a reception at the Howard Johnson on Meridian Avenue from 4:00 p.m. to 8:00 p.m. tonight.

Mr. McAtee said there is a meeting of the Meridian Hills Neighborhood Association tonight as well.

Mr. Foshee requested a resolution be prepared for the family of the late Senator Keith Leftwich.

Ms. Simank said the 16^th Street Plaza District Festival is scheduled for this Saturday, as is the Mesta Festa.

Ms. Simank said the Heritage Hills Home Tour is scheduled for October 4th and 5th from noon to 5:00 p.m.

Ms. Simank said there is some work being done on Drexel Avenue and one lane is closed. She asked if The City could facilitate traffic flow by allowing the one open lane to accept two-way traffic.

Ms. Simank said Harold Tinsley, neighborhood leader in Ward 6, passed away. His funeral is Wednesday at Victory Christian Center.

Ms. Simank said Open House for Pershing Center is today from 4:00 p.m. to 6:00 p.m. She encouraged everyone to tour the facility.

Mr. Liebmann said Bass Pro is hiring 200 people, which is a lift to our economy.

Mr. Liebmann said the Water Trust meets today at 2:00 p.m. and there will be a presentation on Draper Lake during the meeting.

Mr. Liebmann said there are panhandlers daily on street corners at Memorial and Penn, Memorial and May, and NW Highway and Lake Hefner Parkway. He asked if something could be done to beef up The City’s ordinance on panhandling.

Vice Mayor Johnson told everyone that crew members from the USS Oklahoma City would be visiting Oklahoma City soon. She asked the Council members to take time to visit with them during their stay.

Vice Mayor Johnson said there is a groundbreaking ceremony tomorrow morning at 10:30 a.m. for the long-awaited Bricktown theatre.

Vice Mayor Johnson said City Clerk, Frances Kersey was recently recognized by the International Institute of Municipal Clerks.

Ms. Kersey said she was recently appointed to the Board of Directors for the International Institute of Municipal Clerks (IIMC). She said the IIMC would be holding its Regional IV Conference in Oklahoma City in November. She said Region IV is comprised of municipal clerks from Louisiana, Arkansas, Missouri, Texas and Oklahoma. Ms. Kersey said it is an honor to serve.

XI. Citizens to be Heard.

Dr. Isabelle Masters, 2409 NE 24^th Street, spoke about a lien on her property.

Clyde Madden, 1225 North Kate, spoke in opposition to the Bass Pro project.

XII. City Manager Reports.

1. Report Concerning Red Water

2. September 2003 Sales and Use Tax Collections

Mr. Couch mentioned a newspaper article he recently saw which reported The Oklahoma City web site was ranked ninth in the nation.

XIII. Tour of MAPS Library/Learning Center.

XIV. Adjournment. 12:05 p.m.

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Willa Johnson,Vice Mayor

ATTEST:

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Frances Kersey,City Clerk

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James D. Couch, City Manager