JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

OCTOBER 14, 2003

(The agenda was posted on the Council Chamber bulletin board at 4:01 p.m. on October 10, 2003.)

    I. Invocation and Pledge of Allegiance.

CHAPLAIN JACK POE

OKLAHOMA CITY POLICE DEPARTMENT

PLEDGE LED BY COUNCILMAN FOSHEE

   II. Call to Order.  8:35 a.m.

MAYOR HUMPHREYS PRESIDING.

COUNCILMAN BOWMAN ABSENT.

  III. From the Office of the Mayor.

     A. Appointment of Guy Liebmann as Vice Mayor.

CONFIRMED.  MOVED BY SIMANK, SECONDED BY MCATEE.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.

     B. Appointment of Bill Cameron to the Oklahoma City Myriad Gardens Authority.

CONFIRMED.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.

     C. Appointment of Bob Bright to the Oklahoma City Planning Commission.

CONFIRMED.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.

  III. D. Appointment of Tom D. Butcher and Jim Scott to the Board of Directors, Port Authority of the Greater Oklahoma City Area.

CONFIRMED.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.

Mayor Humphreys recognized outgoing Vice Mayor, Willa Johnson, who served from April 8, 2003 to October 14, 2003.  Mayor Humphreys presented Vice Mayor Johnson with a desk set.

   IV. A. Receive Journal of Council Proceedings for October 7, 2003.

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

     B. Approve Journal of Council Proceedings for September 23, 2003.

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

    V. Request for Uncontested Continuances.

   VI. Consent Docket.

  A. 1. Resolution renewing agreement with IKON Office Solutions, (R4-C12220), lease and maintenance of two Oce’ 3165 digital copiers and three Canon Imagerunner 550 digital copiers, retroactive to July 1, 2003 through June 30, 2004.

2. Resolution renewing agreement with IKON Office Solutions and IOS Capital, (R4-C92231), lease and maintenance of one Oce’ 3165 digital copier, and two Oce’ 3100 copiers, retroactive to July 1, 2003 through June 30, 2004.

   VI. A. 3. Resolution renewing agreement with IKON Office Solutions and IOS Capital, (R4-C92232), lease and maintenance of a Canon CLC-900 System F connected digital copier, retroactive to July 1, 2003 through June 30, 2004. 

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

       B. Resolutions authorizing the purchase from State Contracts, retroactive to October 1, 2003 through June 30, 2004:

          1. (S4-SW00101), automated fleet fuel management system.

          2. (S4-SW30219), network software services.

ADOPTED:  B. 1,2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  PROCUREMENT SERVICES DIVISON.

       C. Ordinances to be introduced and set for final hearing November 4, 2003:

          1. (ABC-544) ABC-3 Alcoholic Beverage Consumption Club With Alcohol overlaying the C-3 Community Commercial, 7312 North Western Avenue.  Ward 2.

          2. (ABC-548) ABC-2 Alcoholic Beverage Consumption, Restaurant With Alcohol overlaying the C-3 Community Commercial/ CUP-21A Community Unit Plan, 2515 West Memorial Road.  Ward 8.

          3. (PC-9833) 1000 NW 81^st Street from R-1 Single Family Residential to I-2 Moderate Industrial.  Ward 2.

          4. (PUD-929) 17200-17424 North May Avenue from R-1 Single Family Residential to PUD-929 Planned Unit Development.  Ward 8.

          5. (PUD-946) 14400 North Lincoln Boulevard from I-2 Moderate Industrial to PUD-946 Planned Unit Development.  Ward 8.

          6. (PUD-954) 8501-8935 West Hefner Road and 10900-11212 North County Line Road from AA Agricultural and R-1 Single Family Residential to PUD-954 Planned Unit Development.  Ward 8.

INTRODUCED AND SET FOR FINAL HEARING NOVEMBER 4, 2003:  C. 1-6.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  PLANNING DEPARTMENT.

   VI. D. 1. Ordinance to be introduced and set for final hearing November 18, 2003, (CE-619) to close a portion of SW 83^rd Street, located east of South Douglas Avenue.  Ward 5.

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

INTRODUCED AND SET FOR FINAL HEARING NOVEMBER 18, 2003:  D. 1.  ADOPTED:  D. 2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  PLANNING DEPARTMENT.

       E. Ordinances to be introduced and set for final hearing November 4, 2003:

          1. Relating to zoning, amending Chapter 59, Article II, Section 59-2100 and Section 59-2200 of the Oklahoma City Municipal Code, 2002, as amended, pertaining to the Use Unit Index and Use Unit Classifications by providing for model homes and model home accessory parking lots.

          2. Relating to zoning, amending Chapter 59, Article III, Section 59-3200 of the Oklahoma City Municipal Code, 2002, as amended, pertaining to the R-1 Single Family Residential District by providing model homes as a permitted use and model home accessory parking lots as a conditional use.

INTRODUCED AND SET FOR FINAL HEARING NOVEMBER 4, 2003:  E. 1,2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  PLANNING DEPARTMENT.

       F. Surveyor’s Certificates and Correction of Plats:

          1. Northwest Center, south of NW 58^th Street and east of Portland Avenue.  Ward 2.

          2. South Harbor Addition, Section 5, north of SW 104^th Street and west of May Avenue.  Ward 5.

APPROVED:  F. 1,2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  PLANNING DEPARTMENT.

   VI. G. Contract for governmental services with the Capitol Medical Center Improvement and Zoning Commission, to provide enforcement of the Zoning Code in the Capitol-Medical Center Improvement and Zoning District, bounded by NE 8^th Street on the south, Lottie Avenue on the east, I-235 on the west, and NE 30^th Street on the north, retroactive to July 1, 2003 through June 30, 2004.  Ward 7.

          Deferred from August 26, September 9, and October 7, 2003.

DEFERRED TO OCTOBER 28, 2003.  PLANNING DEPARTMENT.

       H. Memorandum of Agreement with the Oklahoma Housing Finance Agency for the administration of the Housing Opportunities for Persons with Aids program within the Oklahoma City Metropolitan Statistical Area, retroactive to July 1, 2003.

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

       I. Resolution authorizing the reallocation of 2000-2001 Emergency Shelter Grant Funds to Birth Choice of Oklahoma, Inc., $2,000; to Catholic Charities Archdiocese of Oklahoma City, $1,157.92; and authorization to execute the necessary documents.

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

       J. Resolution accepting a United States Environmental Protection Agency award, Eastside Reinvestment Area project (including the 4th Street abandoned refinery, the 10^th Street landfill/junk yard, the Double Eagle Refinery, and Mosley Road Sanitary landfill), in the amount of $38,000; and authorization to execute the necessary documents for Superfund/Brownfields One Cleanup Cluster Planning (SR-97656401-0), retroactive to September 9, 2003 through February 2, 2004.  Ward 7.

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

   VI. K. Preliminary Report, Project BC-0144, bridge rehabilitation, Council Road over Interstate 40; and authorization to prepare final plans and specifications.  Ward 3.

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

       L. Change Order No. 1 and Amendment No. 1, Contract No. PR-1-99/00, street resurfacing, (five locations), increase of $24,510.  Wards 2, 6, 7, and 8.

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

       M. Final acceptance and placing maintenance bonds into effect:

          1. Project DC-0204, drainage improvements, Oklahoma State Fairgrounds, 500 Land Rush Avenue.  Ward 6.

             $ 2. Project MC-0199, Ventmaster equipment package, MAPS Downtown Arena (Ford Center), 100 West Reno Avenue.  Ward 7.

             $ 3. Project MC-0160, fall protection system, MAPS Downtown Arena (Ford Center), 100 West Reno Avenue.  Ward 7.

ACCEPTED AND PLACED IN EFFECT:  M. 1-3.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  PUBLIC WORKS DEPARTMENT.

       N. Ordinances to be introduced and set for final hearing October 21, 2003:

          1. Installation of “Do Not Enter, 7:30 a.m. to 4:30 p.m., Monday through Friday” signs for westbound traffic, NW 85^th Street between Broadway Extension West Service Road and North Robinson Avenue.  Ward 7.

          2. Installation of one two-hour handicap parking space, 420 SW 25^th Street.  Ward 6.

   VI. N. 3. Installation of “No Parking Anytime-Tow Away Zone” signs on Helm Street between Classen Boulevard and Western Avenue, both sides; the installation of “No Parking Anytime-Tow Away Zone” signs on Shartel Avenue beginning 30 feet north of SW 27^th Street and extending south approximately 125 feet, west side; and the removal of the current parking restriction on Shartel Avenue from SW 25^th Street to SW 28^th Street, both sides.  Wards 2 and 6.

INTRODUCED AND SET FOR FINAL HEARING OCTOBER 21, 2003:  N. 1-3.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  PUBLIC WORKS DEPARTMENT.

       O. Resolution approving Revised Maintenance Agreement with the Oklahoma Department of Transportation for Federal Aid Project No. MGSY-155A(002), State Job Piece No. 00095(08), traffic signals at the intersection of South MacArthur Boulevard and SW 44^th Street.  Ward 3.

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

       P. Temporary permit with the Oklahoma City Water Utilities Trust and Donald D. Coit for Christmas tree lot, Northwest Expressway and Meridian Avenue, November 8, 2003 through January 1, 2004.  Ward 1.

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

   VI. Q. Joint contracts with the Oklahoma City Water Utilities Trust, Accurate Environmental Labs (C49051), Ana-Lab Corporation (C49052), Engineering Performance Solutions, LLC (C49053), Environmental Engineering & Technology, Inc. (C49054), Environmental Health Laboratories, a division of Underwriters Laboratories (C49055), Environmental Testing, Inc. (C49056), Red River Environmental Laboratory and Consulting Company (C49057), Southwell Laboratory, Inc. (C49058), TestAmerica Analytical Testing Corp. (C49059), to provide water and wastewater laboratory analysis, multi-year pricing agreement, October 14, 2003 through June 30, 2004.

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

       R. Acceptance of:

          1. Ten permanent easements for fire lines.  Wards 1, 2, 5, 6, 7, 8 and Warr Acres.

          2. Ten permanent easements for fire lines.  Wards 3, 4, 5, 6 and 7.

          3. Ten permanent easements for fire lines.  Wards 2, 3, 4 and 8.

ACCEPTED:  R. 1-3.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

       S. Acceptance of 13 privately constructed water main extensions and fire hydrant installations; and placing maintenance bonds into effect as of the final inspection dates.  Wards 1, 3, 4, 5, 7 and 8.

ACCEPTED AND PLACED IN EFFECT.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

       T. Acceptance of ten permanent easements for fire lines and water lines.  Wards 3, 7, 8 and Warr Acres.

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

   VI. U. Contract award to Rudy Construction Co., Project PM-0161, street repairs (citywide), $456,925; and approving contract and bonds.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

       V. Change Order No. 3 and Amendment No. 3, Project MB-0653, Amateur Softball Association Hall of Fame Stadium additions and improvements, 2801 NE 50^th Street, accepting the project; and placing maintenance bond into effect.  Ward 7.

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

       W. Landscape Improvement and Maintenance Agreement with American Fidelity Property Company, improvement and landscape maintenance of Classen Boulevard, NW 48^th Street to Northwest Expressway, October 14, 2003 through October 13, 2008.  Ward 2.

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

       X. Landscape Agreement with Classen Beautiful, Inc. for the support of beautification and improvement activities along the Classen Boulevard corridor, $9,425, October 14, 2003 through June 30, 2004.  Wards 2 and 6.

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

       Y. Acceptance of Fiscal Year 2002-03 Fourth Quarterly Report on Investment Portfolio Status, as of June 30, 2003.

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

   VI. Z. Resolution approving lease agreement for office space for the Police Department’s Special Projects Unit, not to exceed $171,600, November 1, 2003 through October 31, 2006.

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

       AA. Resolution authorizing the Neighborhood Services Department to complete the application process for a second Weed and Seed site, square mile bounded by NW 10^th Street, NW 23^rd Street, Western Avenue and Pennsylvania Avenue.  Ward 6.

ADOPTED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  NEIGHBORHOOD SERVICES DEPARTMENT.

       BB. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $2,580 and all costs of the action in the Oklahoma County District Court in the claim filed by Jose A. Azcona.

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

  VII. Concurrence Docket.

     A. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1, 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:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

  VII. B. Concurrence with the Oklahoma City Water Utilities Trust in approving plans and specifications to be advertised for bids, Project WC-0389, Phase II, water main replacement, Interstate 44 and North May Avenue between NW 36^th Street to NW 39^th Street, from May Avenue to Chicago Avenue.  Ward 2.

CONCURRED.  BID RECEIPT DATE:  OCTOBER 28, 2003.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     C. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1, accepting the projects and placing maintenance bonds into effect:

          1. Project SC-0650, sanitary sewer replacement, NW 105^th Street to NW 105^th Terrace between McKinley Avenue and Western Avenue, decrease of $49. Ward 2.

          2. Project WC-0422, water main replacement, NW 45^th Street to NW 50^th Street between Western Avenue and Walker Avenue, decrease of $34,331.37.  Ward 2.

CONCURRED:  C. 1,2.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     D. Concurrence with the Oklahoma City Water Utilities Trust in approving Change Order No. 1, Project ST-0094, replacement of high performance coatings on four primary clarifiers for North Canadian Wastewater Treatment Plant, 12800 North Anderson Road and Deer Creek Wastewater Treatment Plant, 20600 North Portland Avenue, increase of $11,500.  Ward 7.

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

  VII. E. Concurrence with the Oklahoma City Water Utilities Trust in awarding and approving contracts, ATC Freightliner (C49060), two new, latest model 58,000 GVW truck tractor cab and chassis, $135,020.98; and Overbilt Trailer Company (C49061), one new, latest model 50-ton hydraulic detachable gooseneck trailer, $33,705.

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

     F. Concurrence with the Oklahoma City Water Utilities Trust in receiving Oklahoma Department of Environmental Quality permit WL000055030952, Project WC-0433, water main installation, County Line Road from SW 59^th Street to SW 74^th Street.  Ward 3.

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

     G. Concurrence with the Oklahoma City Water Utilities Trust in accepting Preliminary Report, Project WT-0050/ST-0093, Hefner Water Treatment Plant laboratory renovations, 4000 West Hefner Road and Project WM-0091/SM-0117, 420 West Main Street 4^th floor office renovations; and authorization to prepare final plans and specifications.  Wards 6 and 8.

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

  VII. H. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution authorizing consideration of issuance of permits for limited commercial advertising on certain property and at certain locations owned, leased, or controlled by the Trust as each location is expressly determined by the Trust to be opened for commercial advertising; defining “commercial advertising”; and authorization to accept applications and prepare draft permits for consideration in accordance with the procedures, for consideration of commercial advertising on property of the Trust.

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

     I. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving Amendment No. 1, Project ES-0002, renovations and additions to Wheeler Elementary School, 501 SE 25^th Street, fee increase of $41,000.  Ward 7.

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

     J. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving the contract for Wheeler Elementary School fire damage renovation, 501 SE 25^th Street; and transfer of insurance proceeds in the amount of $450,000.  Ward 7.

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

     K. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving the applications of funding:

          1. Putnam City School District, fascia replacement, Lake Park Elementary School, 8221 NW 30^th Street, $342,400.  Bethany.

          2. Putnam City School District, fire suppression systems, Tulakes Elementary School, 6600 North Galaxie Drive and Central Middle School, 4020 North Grove Avenue, $446,190.  Ward 1 and Warr Acres.

  VII. K. 3. Western Heights Public School District, three buses and Global Positioning System software, $176,914.  Ward 3.

          4. Putnam City School District, elevators and lifts; Western Oaks Elementary School, 7210 NW 23^rd Street; Wiley Post Elementary School, 6920 Britton Road; Putnam City West High School, 8500 NW 23^rd Street, $307,090.  Ward 1 and Bethany.

CONCURRED:  K. 1-4.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  MAPS PROJECT OFFICE.

     L. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in waiving consultant selection procedure and approving the Agreement with the Oklahoma City Public Schools Foundation, school design meeting and community outreach services, $300,000, retroactive to October 7, 2003 through October 7, 2005.

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

     M. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving Schematic Design Preliminary Report, Project ES-0002, renovation and additions to Wheeler Elementary School, 501 SE 25^th Street, and authorization to prepare final plans and specifications.  Ward 7.

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

     N. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in approving Preliminary Report, Projects ES-0006 and ES-0007, fire and alarm systems, (ten locations).  Wards 4, 5, 6 and 7.

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

  VII. O. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in accepting Project ES-0016, to provide I-89 School District with 62 conventional school buses; and placing warranties into effect.

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

     P. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution authorizing the use of State and City contracts for various services, materials and equipment.

CONCURRED.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  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. (PC-9820) 2113 South Pennsylvania Avenue from C-3 Community Commercial to I-1 Light Industrial.  Ward 6.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,323.  MOVED BY SIMANK, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND LIEBMANN.  ABSENT: JOHNSON.  PLANNING DEPARTMENT.

     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.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,324.  MOVED BY CORNETT, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  ABSENT: SIMANK AND JOHNSON.  PLANNING DEPARTMENT.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,325.  MOVED BY CORNETT, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  ABSENT: SIMANK AND JOHNSON.  PLANNING DEPARTMENT.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,326.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  ABSENT: SIMANK AND JOHNSON.  PLANNING DEPARTMENT.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,327.  MOVED BY MCATEE, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

          6. (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.

          Planning Commission approval subject to the Summary of Technical Evaluation.

          Easement requested but not submitted.

          Deferred from September 9, September 23, and October 7, 2003.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,328.  APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION.  EASEMENT ACCEPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

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

          Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,329.  APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

VIII. A. 8. (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 and September 23, 2003.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,330.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

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

          Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,331.  APPROVAL SUBJECT TO SUMMARY OF TECHNICAL EVALUATION.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

     B. Ordinance on final hearing (emergency) recommended for approval, (CE-617) to close Center Road, south of SE 59^th Street and west of South Air Depot Boulevard.  Ward 4.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,332.  MOVED BY RINEHART, SECONDED BY JOHNSON.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

     C. 1. Public hearing re:

          a. 1419 Milam Court (house)  Ward 7

          b. 621 NW 7^th Street (house)  Ward 6

          c. 424 NW 9^th Street (house)  Ward 6

          d. 911 NW 13^th Street (garage)  Ward 6

          e. 329 SE 22^nd Street (house, front fence)  Ward 7

          f. 3207 SW 28^th Street (house)  Ward 6

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

VIII. C. 2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of October 15, 2003 and November 14, 2003 for commencement and completion of removal by owners.

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

     D. 1. Public hearing re:

          a. 1314 North Indiana Avenue (commercial building, rear house)  Ward 6

          b. 4008 Mitchell Avenue (house)  Ward 7

          c. 1000 NE 6^th Street (commercial building)  Ward 7

          d. 1812 NW 9^th Street (house)  Ward 6

          e. 1830 NW 14^th Street (house, garage)  Ward 6

          f. 142 NE 15^th Street (house)  Ward 7

          g. 1712 NW 16^th Street (commercial building)  Ward 6

          h. 926 NW 99^th Street (house)  Ward 2

2.              Resolution declaring the structures are unsecured.

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

     E. 1. Public hearing.

          2. Resolution authorizing The City of Oklahoma City, for the benefit of the Oklahoma City Police Department, to accept a $594,261 Local Law Enforcement Block Grant (2003LBBX2261) from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, authorizing City matching funds of $66,029, approving the expenditure budget, ratifying the application and electronic acceptance of the grant, authorization to execute the attached letter; and authorizing the receipt and deposit of funds.

PUBLIC HEARING HELD:  E. 1.  ADOPTED:  E. 2.  MOVED BY JOHNSON, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  POLICE DEPARTMENT.

VIII. F. Appeal of Traffic Commission’s decision, to approve closure of the median opening at Classen Boulevard and NW 61^st Street and construction of a new median opening on Classen Boulevard approximately 100 feet north of NW 61^st Street and the installation of a traffic signal.  Ward 2.

          Deferred from October 7, 2003.

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

     G. Revocable permit for holding “NIT LIT”, October 31, 2003, sponsored by The Public House, LLC dba LIT, Bricktown.  Ward 7.

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

     H. 1. Resolution establishing guidelines and procedures for a Neighborhood Matching Grants program for neighborhood-initiated physical improvements or public safety enhancement projects in designated Building Blocks neighborhoods.

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

          2. Resolution establishing guidelines and procedures for a Neighborhood Matching Grants program for neighborhood-initiated physical improvements or public safety enhancement projects in low- and moderate-income neighborhoods.

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

     I. 1. Resolution authorizing the Municipal Counselor to institute legal proceedings against Juan Escolero, Escolero Trucking, Barman Transportation, Inc. and/or any other necessary party for damages to a 1995 Broadman Fire Engine E-4.

          AND/OR

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

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

     J. 1. Claims recommended for denial:

          a. Jason Boesch  $137.50

          b. Eric Bynum  $569.38

          c. Judy Jaworsky  $425

          d. Cecil Tucker and Audrey Owens  $481.92

          e. Sherian K. Wood  $48.48

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

   IX. A. 1. Claims for Approval.

          a. Don Herron  $500

          b. Robert J. St. Pierre  $305

          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 JOHNSON, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

   X. Items from Council.

Mr. Cornett encouraged everyone to participate in the Charter amendment vote today.

Mr. McAtee said he and John Dugan, Planning Director, attended an informative zoning conference last week in Betheseda, Maryland.

X.

Mr. McAtee encouraged Westbury residents to attend a neighborhood meeting this Friday evening at 6:30 p.m. at the Methodist Church on SW 15^th Street just west of Sara Road.  He said Governor Henry would be attending the neighborhood meeting.

Mr. Rinehart said he attended a Draper Lake Boat Owners Association meeting last Sunday afternoon and was so pleased with how clean the lake looks.  He thanked the City Manager, the Water Trust, and the lake maintenance crew for all the great work they’ve done towards cleaning up Draper Lake.

Mr. Foshee said there have been several recent complaints about speeding along Western Avenue between SW 134^th Street to SW 104^th Street.  He asked if additional patrol cars might be placed in that area.

Mr. Couch said additional patrol cars would be positioned there.

Ms. Simank said the Trolley Track Run is scheduled for this Saturday, October 18, 2003.  The 5k and 10k run starts on NW 19^th Street just west of Pennsylvania Avenue.

Ms. Simank said Linwood Place Neighborhood Association is having its Home Tour this Sunday, October 19, 2003, from 1:00 to 5:00 p.m.  She said tickets are $5 if purchased in advance and $7 the day of the tour.  Ms. Simank said advance tickets could be purchased at the 23^rd Street Antique Mall, at Winterhouse Interiors in the Northpark Mall, and at the Edward James Provence store in Edmond.

Ms. Simank said she recently had dinner at the restaurant in the Oklahoma City Art Museum and wanted to remind everyone about this great place to eat dinner.

Ms. Johnson said the River Trust meets today at 1:00 p.m.

Ms. Johnson said she was late for the City Council meeting today because she was meeting with the State Department of Education about the “George Washington: A National Treasure” exhibit that will show at the Oklahoma City Museum of Art, December 12, 2003 through April 11, 2004.

Mr. Liebmann congratulated the Oklahoma State University and the University of Oklahoma football teams for their victories over the weekend.

    X.

Mr. Liebmann said he has been attending the FBI Citizens Academy on Tuesday evenings and has found it to be both fun and educational.  He said anyone interested in attending the Academy should call John Lewis, 290-7770, or Terri Kleghorn, 290-3605, for more information.

Mr. Liebmann said there is a McGee Creek Trust meeting on Friday, October 17.

Mayor Humphreys invited everyone to attend a dedication of the first Oklahoma City Centennial clock at 10:00 this morning on the east lawn at City Hall.

   XI. Citizens to be Heard.

  XII. City Manager Reports.

     1. Oklahoma City Metropolitan Area Public Schools Project Update Presentation

Eric Wenger, MAPS Program Manager, and Gregg Bohler, Facility Program Management, Inc., gave a presentation on the Oklahoma City Metropolitan Area Public Schools Project status.

     2. Net Assessed Value of Property in Oklahoma City

     3. Seatbelt Citation Demographics

Mr. Couch said the October Sales Tax check was $90,000 above target. He said the Use Tax check was about $50,000 below the October target.  He said overall The City is about $40,000 above target and right at projected numbers, which is an improvement over last year at this time.  He said the economy is recovering but not as robustly as was hoped.

Mr. Couch recommended before attending the FBI Citizens Academy, Oklahomans should first attend the Oklahoma City Police Citizens Academy and the Oklahoma City Fire Citizens Academy.

XIII. Adjournment.  9:37 a.m.

Kirk Humphreys Mayor

ATTEST:

Frances Kersey City Clerk

James D. Couch City Manager