THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

OCTOBER 21, 2003

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on October 17, 2003.)

    I. Invocation and Pledge of Allegiance.

REVEREND KALYN BRASSFIELD

CAPITOL HILL ASSEMBLY OF GOD CHURCH

PLEDGE LED BY COUNCILMAN LIEBMANN

   II. Call to Order.  8:35 a.m.

MAYOR HUMPHREYS PRESIDING.

COUNCILWOMAN SIMANK ABSENT.

  III. From the Office of the Mayor.

     A. Appointment of Rod N. Baker to the Board of Adjustment.

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

Mayor Humphreys recognized members of the crew from the USS Oklahoma City.  The visiting crew members included Commanding Officer Chris Williams, Lt. Aaron Kline, Chief Eric H. Antoine, and Petty Officer Christopher P. Roche.  Commanding Officer Williams presented Mayor Humphreys with a flag, which had been flown over the USS Oklahoma City.

Mayor Humphreys recognized Janie Deupree, Executive Director of Oklahoma City Beautiful, and Shana Keith-Ward, Chairman of the Adopt a Park Program.  Ms. Deupree presented several awards to citizens and local businesses that have spent countless volunteer hours beautifying our area parks. 

III.

Those recognized included Wileman’s Belle Isle Neighborhood Association (Wileman’s Belle Isle Entry), Eastside Capitol Gateway (Glen Ellyn Park), Grand Pointe Homeowners Association (Grand Pointe Condominiums), Apogan Garden Club (Smitty Park), Late Bloomers (Will Rogers Park flowerbed at NW 36th and Portland Avenue), 38th EIG/Cherry Hill (SE 59th Street and Portland Avenue to Douglas Avenue), and Las Vegas Neighborhood (NW 16th Street to NW 23rd Street and Youngs Boulevard). 

   IV. A. Receive Journal of Council Proceedings for October 14, 2003.

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

     B. Approve Journal of Council Proceedings for October 7, 2003.

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

    V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING.  8:59 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY.  8:59 a.m.

(Majority of a Quorum required for approval)

     1. Joint resolution authorizing the Risk Manager and the Trust’s legal counsel to enter into a Joint Petition Settlement of the Workers’ Compensation Court Claim No. 2002-12743Q, styled Larry A. Waddle, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and authorizing the Municipal Counselor to assist said counsel in the rendition of said Petition to Judgment as authorized by 85 O.S. § 42, 62 O.S. §§ 365.1 et seq., and Article 10, Section 28 of the Oklahoma Constitution.

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

OCMFA. 2. a. Joint resolution authorizing the Municipal Counselor to waive the workers’ compensation subrogation claim of The City of Oklahoma City and the Oklahoma City Municipal Facilities Authority in the case of Robert Douglas vs. The City of Oklahoma City.

          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 FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  ABSENT: JOHNSON.  MUNICIPAL COUNSELOR’S OFFICE.

ADJOURN OCMFA.  8:59 a.m.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY.  8:59 a.m.

(Five of nine affirmative votes required for approval.)

          1. Third Amendment to the catering agreement with the Petroleum Club of Oklahoma City, Civic Center Music Hall, 201 North Walker Avenue, revenue of $12,000, October 21, 2003 through August 31, 2006.  Ward 6.

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

          2. Joint resolution approving a Second Amended and Restated Definitive Agreement, Sublease and Management Agreement with SMG for the Cox Business Services Convention Center, One Myriad Gardens, and Ford Center, 100 West Reno Avenue.  Ward 7.

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

          3. a. Amended and restated Joint Agreement with Crown Arts, Inc., original work of art to be entitled the “Centennial Land Run Monument”, South Canal Zone “F”, near I-40 and I-235 interchange, October 21, 2003 to August 31, 2009.  Ward 7.

  OCPPA. 3. b. Partial acceptance and payment for Element #32 – Horse and Rider of the Centennial Land Run Monument, $126,603.25; and authorization for staff to seek reimbursement from the Federal Grant administered by the Oklahoma Centennial Commission.

APPROVED:  3. a.  ACCEPTED:  3. b.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  ABSENT: JOHNSON.  CITY MANAGER’S OFFICE.

ADJOURN OCPPA.  8:59 a.m.

RECONVENE COUNCIL MEETING.

   VI. Consent Docket.

       A. Specifications to be advertised for bids, Project DM-0228, channel cleaning and maintenance, (ten locations).  Wards 3, 4 and 5.

APPROVED AND AUTHORIZED.  BID RECEIPT DATE:  NOVEMBER 12, 2003.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  ABSENT: JOHNSON.  PUBLIC WORKS DEPARTMENT.

       B. Ratify and approve Addendum No. 1 and award of contract to Atlas Paving Company, Projects PC-0235 and WC-0463, street improvements and water and wastewater facilities reconstruction at NW 10th Street from Morgan Road to Sara Road, $1,978,960.57; and approving contract and bonds.  Wards 1 and 3.

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

       C. Contract awards:

          1. Lot Maintenance of OK, Inc., Project DM-0227, concrete drainage channel cleaning, Remington Park, 1 Remington Place, $23,948.73; and approving contract and bonds.  Ward 7.


   VI. C. 2. Midstate Traffic Control, Inc., Project TC-0340, pavement markings, $356,526.50; and approving contract and bonds.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

AWARDED AND APPROVED:  C. 1, 2.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  ABSENT: JOHNSON.  PUBLIC WORKS DEPARTMENT.

       D. Amendment No. 1 and Change Order No. 1, Contract No. PR 6-01/02, street resurfacing, North Robinson Avenue, NW 16th Street to NW 23rd Street, increase of $5,770.69.  Wards 6 and 7.

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

       E. Final acceptance, Contract No. PR-6-98/99, street resurfacing, (eight locations); and placing maintenance bond into effect.  Ward 7.

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

       F. 1. Allocation of $12,900 from 2000 General Obligation Bond Funds, Proposition No. 1 – Streets, Bond No. Unlisted Funds “(b)”, Project PJ-CA-43, bridge improvement project, Sara Road, north of NW 50th Street.  Ward 1.

          2. Agreement with the Board of County Commissioners of Canadian County District No. 1, PJ-CA-43, bridge improvements, Sara Road, north of NW 50th Street, $12,900.  Ward 1.

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

       G. Allocation of 2000 General Obligation Bond Funds:

          1. Proposition No. 1 – Streets, Bond Project No. Unlisted Funds “(c)”, Project PC-0244, micro-resurfacing improvements, $500,000.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.


   VI. G. 2. Proposition No. 1 – Streets, Bond No. Unlisted Funds “(c)”, Project PJ-CA-41, street improvements, SW 59th Street, Frisco Road to Richland Road, $40,000.  Ward 3.

          3. Proposition No. 1 – Streets, Bond No. Unlisted “(c)”, Project PJ-CA-42, street improvements, Frisco Road, NW 10th Street to NW 36th Street, $50,000.  Ward 3.

APPROVED:  G. 1-3.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  ABSENT: JOHNSON.  PUBLIC WORKS DEPARTMENT.

       H. Third Amendment to the catering agreement with the Petroleum Club of Oklahoma City, Civic Center Music Hall, 201 North Walker Avenue, revenue of $12,000, October 21, 2003 through August 31, 2006.  Ward 6.

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

       I. Resolution accepting the donation of two scoreboards from Mrs. Helen Williams and Rams of Oklahoma, Inc., for use at the Johnnie L. Williams Municipal Gymnasium, 720 NW 8th Street.  Ward 6.

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

       J. Acceptance of ten permanent easements for sanitary sewer and fire lines.  Wards 2, 3, 5, 7 and 8.

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

       K. Release of existing easements and acceptance of new fireline easements:

          1. Project WF-1672, south of NW 10th Street and west of Morgan Road.  Ward 3.

          2. Project WF-2276, north of SE 15th Street and west of Eastern Avenue.  Ward 7.


   VI. K. 3. Project WF-2326, south of SE 15th Street and east of Eastern Avenue.  Ward 7.

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

       L. Resolution setting a public hearing date of October 28, 2003, for a proposed amendment to the Fiscal Year 2003-04 budget for the General Fund; the Police Services, Facilities or Equipment Tax Fund; the Fire-Fighting and Fire-Rescue Services, Facilities or Equipment Tax Fund; the Street and Alley Fund; the MAPS Operations Fund; the Police and Fire Equipment Use Tax Fund; Court Administration and Training Fund; the Airports Cash Fund; the Water and Wastewater Utility Cash Fund; the Solid Waste Management Cash Fund; the Stormwater Drainage Utility Fund; the Print Shop Internal Service Fund; the Fleet Services Internal Service Fund; the Information Technology Internal Service Fund; the City and Schools Capital Projects Use Tax Fund; and the Asset Forfeiture Fund.

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

     M. 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 the Workers’ Compensation Court Claim No. 2002-12743Q, styled Larry A. Waddle, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and authorizing the Municipal Counselor to assist said counsel in the rendition of said Petition to Judgment as authorized by 85 O.S. § 42, 62 O.S. §§ 365.1 et seq., and Article 10, Section 28 of the Oklahoma Constitution.

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


   VI. N. Resolution declaring two ambulance chassis (VIN 1FDWF36F4YEC40104 and 1FDWF36FXYEC67520) surplus and approving transfer of said chassis to the Emergency Medical Services Authority.

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

       O. Joint resolution with the Oklahoma City Public Property Authority approving a Second Amended and Restated Definitive Agreement, Sublease and Management Agreement with SMG for the Cox Business Services Convention Center, One Myriad Gardens, and Ford Center, 100 West Reno Avenue.  Ward 7.

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

       P. Professional Services Agreement with the South Oklahoma City Chamber of Commerce, economic development services, $79,200, retroactive to July 1, 2003 through June 30, 2004.

          Deferred from October 7, 2003.

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

       ¢ Q. Lease and operating agreements with SSM HealthCare of Oklahoma, Inc., owning and operating St. Anthony Hospital, to provide facilities, equipment, supplies, labor and medical supervision necessary for the operation of the City’s Occupational Health Clinic and for continuation of laboratory and collection services required for the City’s for cause and post-job-offer drug testing policies, retroactive to July 1, 2003 through June 30, 2004, $240,000.

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


   VI. R. 1. Resolution approving 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, modifying youth activities and establishing second quarter fiscal year 2003-04 Title I youth funding up to $79,533, retroactive to October 1, 2003 through December 31, 2003; and designating deposit of proceeds.

          2. Resolution approving modification of a contract with the Board of Local Elected Officials, modifying the provision of Workforce Investment Act Title I youth services to eligible youth, ages 14 through 21, not to exceed $87,500, retroactive to October 1, 2003 through December 31, 2003; and designating deposit of proceeds.

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

       S. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $11,450 and all costs of the action in the Oklahoma County District Court in the claim filed by Lawrence Deloney.

          2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,031.44 and all costs of the action in the Oklahoma County District Court in the claim filed by Zakari Riggs.

          3. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $880.88 and all costs of the action in the Oklahoma County District Court in the claim filed by Roy and Priscilla Salyers.


   VI. S. 4. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $840.73 and all costs of the action in the Oklahoma County District Court in the claim filed by Nancy R. Wolf.

ADOPTED:  S. 1-4.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  ABSENT: JOHNSON.  MUNICIPAL COUNSELOR’S OFFICE.

       T. 1. Amended and restated Joint Agreement with the Oklahoma City Public Property Authority, and Crown Arts, Inc., original work of art to be entitled the “Centennial Land Run Monument”, South Canal Zone “F”, near I-40 and I-235 interchange, October 21, 2003 to August 31, 2009.  Ward 7.

          2. Partial acceptance and payment for Element #32 – Horse and Rider of the Centennial Land Run Monument, $126,603.25; and authorization for staff to seek reimbursement from the Federal Grant administered by the Oklahoma Centennial Commission.

APPROVED:  T. 1.  ACCEPTED AND AUTHORIZED:  T. 2.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  ABSENT: JOHNSON.  CITY MANAGER’S OFFICE.

       U. Early Entry and Contingent Reimbursement Agreement with the Oklahoma City Urban Renewal Authority and Partners in Development, for the Skirvin Hotel Property, 1 Park Avenue, not to exceed $125,000.  Ward 7.

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

  VII. Concurrence Docket.


VIII. Items Requiring Separate Votes.

     A. Ordinances on final hearing:

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,333.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  ABSENT: JOHNSON.  PUBLIC WORKS DEPARTMENT.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,334.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  ABSENT: BOWMAN AND JOHNSON.  PUBLIC WORKS DEPARTMENT.

          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 27th Street and extending south approximately 125 feet, west side; and the removal of the current parking restriction on Shartel Avenue from SW 25th Street to SW 28th Street, both sides.  Wards 2 and 6.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,335.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE AND LIEBMANN.  ABSENT: BOWMAN AND JOHNSON.  PUBLIC WORKS DEPARTMENT.

     B. 1. Public hearing re:

          a. 4008 Mitchell Avenue (north shed, south shed, house)  Ward 7

          b. 4315 NW 10th Street (office with attached building, small south structure)  Ward 3

          c. 4315 NW 10th Street (house, garage)  Ward 3

          d. 4315 NW 10th Street (southeast commercial building)  Ward 3

          e. 4315 NW 10th Street (east and north attached commercial building)  Ward 3

VIII. B. 1. f. 3001 SW 26th Street (house)  Ward 6

          g. 2808 NW 47th Street (house)  Ward 2

          h. 328 NW 63rd Street (house, shed, fence)  Ward 2

          i. 11307 Burning Oaks Road (house)  Ward 4

          Deferred from September 9 and October 7, 2003.

          2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of October 22, 2003 and November 21, 2003 for commencement and completion of removal by owners.

ADOPTED AS AMENDED:  B. 1. a, g, h.  STRICKEN:  B. 1. i.  DEFERRED TO NOVEMBER 4, 2003:  B. 1. f.  DEFERRED TO DECEMBER 16, 2003:  B. 1. b-e.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, AND JOHNSON.  ABSENT: LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

     C. 1. Public hearing re:

          a. 401 NW 24th Street aka 417 and 405 NW 24th Street (apartment building 417, apartment building 405)  Ward 2

          b. 422 NW 27th Street (house)  Ward 2

          c. 2201 NW 31st Street (north house, south house)  Ward 2

          d. 1519 NW 43rd Street (house, garage)  Ward 2

          e. 2529 SE 47th Street (house)  Ward 4

          f. 412 NW 82nd Street (house)  Ward 7

          2. Resolution declaring the structures are unsecured.

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

     D. 1. Amend permit to a minimum pedestrian clearance of 20 feet, maximum height of 40 feet, and maximum width of 40 feet.


VIII. D. 2. Revocable permit with Diversified Properties, to construct and maintain a hotel deck with pool over the Bricktown Canal, 101 South Mickey Mantle Drive.  Ward 7.

          Deferred from October 7, 2003.

APPROVED AS AMENDED:  D. 1,2.  (AMENDMENT: HOTEL DECK NOT LESS THAN 20’ ABOVE THE HOTEL SIDEWALK.)  MOVED BY JOHNSON, SECONDED BY LIEBMANN.  AYES:  MAYOR HUMPHREYS, CORNETT, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN.  NAY:  BOWMAN.  PUBLIC WORKS DEPARTMENT.

     E. 1. Joint resolution authorizing the Municipal Counselor to waive the workers’ compensation subrogation claim of The City of Oklahoma City and the Oklahoma City Municipal Facilities Authority in the case of Robert Douglas vs. The City of Oklahoma City.

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

     F. Enter into executive session to discuss collective bargaining negotiations for fiscal year 2003-04 with the International Association of Firefighters, Local 157, as authorized by 25 O.S. (2001) § 307(B)(2).

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

     G. Enter into executive session with the Municipal Counselor to discuss settlement offer made in the case of Kirby-Smith Machinery, Inc. vs. The City of Oklahoma City, Zerby Interests, L.L.C. and Westgate Market Place Developers II, L.L.C., Oklahoma County District Court Case No. CJ-2000-1254, as authorized by 25 O.S. (2001) § 307(B)(4).

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

   IX. A. 1. Claims for Approval.

          a. John H. Heenan  $600

          b. Damali N. Mumina  $300

          c. Betty Puckett  $82.12

          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. a-c.  NO ACTION TAKEN:  A. 2.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR HUMPHREYS, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

    X. Items from Council.

Mr. Bowman said he received a letter from the Shepherd Neighborhood Association thanking the Council for the renovations recently made to Swatek Park on NW 30th Street between Villa Avenue and Pennsylvania Avenue.  He said Swatek Park received new equipment, picnic shelters, and fencing which has revitalized the Park.  Mr. Bowman said Terry Ash, Park Planner, was instrumental and has worked with the Shepherd Neighborhood Association for one year to complete the project.

Mr. McAtee and his wife attended the Retired Firefighters dinner last night.  He thanked Marsha Slaughter and her staff for preparing information he used in a briefing about The City’s water plans. 

Mr. McActee attended the Westbury neighborhood meeting last Friday night.  He thanked Representative Young and Senator Wilcoxson for organizing the meeting, which was attended by 300-400 citizens.  At the meeting, the Governor said he was supportive of a cooperative effort between the State of Oklahoma and The City to improve the I-40 interchange at Morgan Road.  Mr. McAtee requested a resolution be drafted in support of this effort.

Mr. Couch said he would have a resolution prepared.

Mr. Foshee said he also attended the Retired Firefighters dinner and commended Mr. McAtee on his presentation about the water plan.

Mr. Foshee said he would like to know what the legal responsibilities are for dog owners when walking their dogs.  He said he receives several calls each week with complaints about waste droppings left by dogs.  Mr. Foshee said the public should recognize they have a responsibility for cleaning up after animals.

    X.

Mr. Couch said a couple years ago the Public Information Office launched an award-winning information campaign entitled “Because Dogs Can’t Flush”.  He said he would look into reinitiating that program.

Ms. Johnson said the George Washington exhibit is coming to the Oklahoma City Museum of Art starting December 12, 2003.  She said the Donald W. Reynolds Foundation has awarded a grant to pay for busing of students to the exhibit.  Ms. Johnson offered tours of City Hall to the students when visiting the museum next door for the George Washington exhibit.

Ms. Johnson said an unusual but exciting attraction is playing in Oklahoma City.  She said the UniverSoul Circus is playing at Langston University starting today through October 26, 2003.  Ms. Johnson encouraged everyone to take part in this interesting event.

Mr. Liebmann congratulated the new Police Chief Bill Citty who will be sworn in on Friday, October 24, at 9:00 a.m.

Mr. Liebmann said tonight there is a neighborhood meeting for Bluff Creek at 7:00 p.m. 

Mr. Liebmann said at 5:30 tonight there is a reception for the naval crew visiting from the USS Oklahoma City.  The reception will be held at the Ballpark.

Mayor Humphreys announced that after nearly six years in office, he is resigning to run for the Senate seat being vacated by Senator Don Nickles.  He thanked Oklahoma City citizens for trusting him to lead our city.

   XI. Citizens to be Heard.

  XII. City Manager Reports.


XIII. Adjournment.

Kirk Humphreys,Mayor

ATTEST:

Frances Kersey, City Clerk

James D. Couch, City Manager