THE City Of Oklahoma City

THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

NOVEMBER 4, 2003

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on October 31, 2003.)

I. Invocation and Pledge of Allegiance.

REVEREND CARL BOSTEELS

FIRST PRESBYTERIAN CHURCH

PLEDGE LED BY LT. COL. BEVERLY CORNETT, COUSIN OF COUNCILMAN CORNETT

II. Call to Order. 8:34 a.m.

VICE MAYOR LIEBMANN PRESIDING.

ALL MEMBERS PRESENT.

III. From the Office of the Mayor.

A. Resolution of Commendation for the November 2003 South Oklahoma City Kiwanis Club Employee of the Month, Paul Bronson.

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

Vice Mayor Liebmann recognized Sarah Steece and Jared Weingartner, at-large youth councilors.

Vice Mayor Liebmann recognized Jan New, Trust Specialist for the Water and Wastewater Utilities Department, who is retiring soon.

IV. A. Receive Journal of Council Proceedings for October 28, 2003.

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

IV. B. Approve Journal of Council Proceedings for October 21, 2003.

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

V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING. 8:50 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY. 8:50 a.m.

(Majority of a Quorum required for approval)

1. Specifications to be advertised for bids, for securing and boarding of dilapidated and unsecured buildings (B4644), remainder of Fiscal Year 2003-04.

APPROVED AND AUTHORIZED. BID RECEIPT DATE: NOVEMBER 25, 2003. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON. PROCUREMENT SERVICES DIVISION.

2. Joint resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order in Workers’ Compensation Court Claim No. 2003-03946A, styled: Jaye R. Snow, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and further authorizing the Municipal Counselor to assist said counsel in the rendition of a 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 in the event the Order is Joint Petitioned or commuted to a lump sum.

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

ADJOURN OCMFA. 8:52 a.m.

CONVENE AS OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY. 8:52 a.m.

(Five of nine affirmative votes required for approval.)

1. Resolution authorizing SMG to enter into an Extended Use License Agreement with SBC Pro Sports, LLC for presentation of Arena Football 2 League at the Ford Center, 100 West Reno Avenue. Ward 7.

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

ADJOURN OCPPA. 9:02 a.m.

RECONVENE COUNCIL MEETING.

VI. Consent Docket.

A. 1. Cancellation of contract with Oklahoma Police Supply (R4-C36139), body armor, tactical – America Body Armor, Xtreme Model XT3AZ-3.

2. Contract award and approval for body armor, tactical – America Body Armor, Xtreme Model XT3AZ-3, to Special Ops Uniform formerly known as Skaggs Public Safety Uniform and Equipment (C36139A), November 4, 2003 through June 30, 2004.

APPROVED: A. 1. AWARDED AND APPROVED: A. 2. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND JOHNSON. ABSENT: RINEHART. PROCUREMENT SERVICES DIVISION.

B. 1. Ordinance to be introduced and set for final hearing December 9, 2003, (CE-622) to close Central Avenue extending north from NE 4^th Street. Ward 7.

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

INTRODUCED AND SET FOR FINAL HEARING DECEMBER 9, 2003: B. 1. ADOPTED: B. 2. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND JOHNSON. ABSENT: RINEHART. PLANNING DEPARTMENT.

VI. C. Professional Services Agreements:

1. Langston University/Oklahoma City Business Development Center to develop a plan of strategies and implementation techniques for the development of NE 23^rd Street, one-mile wide corridor along NE 23^rd Street from Broadway to the North Canadian River, $100,000, November 4, 2003 through February 28, 2005. Ward 7.

2. Neighborhood Housing Services, servicing housing rehabilitation loans, minimum annual cost of $26,274, November 4, 2003 through June 30, 2004.

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

D. Resolution accepting the subdivision bond and dedications contained in the final plat of Liberty Trails Addition, Phase I, north of SE 74^th Street and east of Sooner Road. Ward 4.

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

E. Amendment No. 1, Project PM-0157, street repairs, increase not to exceed $500,000. Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

F. Acceptance of Special Warranty Deed from the Oklahoma City Urban Renewal Authority, Project MB-0662, Emergency Communications Center, 715 Robert S. Kerr Avenue, northeast of the intersection of Robert S. Kerr Avenue and Shartel Avenue. Ward 6.

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

VI. G. Acceptance of permanent and temporary easements, Project PC-0205, street and drainage improvements, SW 29^th Street, Meridian Avenue to Portland Avenue. Ward 3.

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

H. Acceptance of one permanent sanitary sewer easement and one permanent drainage easement. Ward 4.

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

I. Revocable pipeline permit for PetroCorp Incorporated to construct and maintain two four-inch water pipelines crossing an unimproved right-of-way, from SW 15^th Street to SW 22^nd Street, between Walker Avenue and Western Avenue. Ward 6.

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

J. 1. Resolution approving certain new and revised pages in the form of a pocket part and separate index to the Oklahoma City Municipal Code, 2002, printed and designated as “Supplement No. 1”.

2. Resolution directing the City Clerk to notify the public of the publication of Supplement No. 1 to the Oklahoma City Municipal Code, 2002, and filing certified copies of the Resolution and Supplement No. 1 with designated governmental entities.

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

VI. K. Oklahoma City Airport Trust Agreements:

1. Easement Agreement, CoxCom, Inc., dba: Communications Oklahoma, for itself and on behalf of its affiliate Cox Oklahoma Telecom, LLC, to lay, maintain and operate underground fiber optic cable to provide upgraded voice and data communications services to the Highway Patrol Aviation Center, Wiley Post Airport, retroactive to October 22, 2003 until cancelled. Ward 1.

2. Supplemental Agreement No. 1 to the Farm Lease Agreement, Tommy Thornton, to lease an additional five acres for the purpose of beekeeping, Will Rogers World Airport, November 1, 2003 through October 31, 2004. Ward 3.

3. Supplemental Agreement No. 1, Travel Lear Charter Service, Inc., lease of Hangar 4 and associated premises for the conduct of a specialty shop operation consisting of used aircraft sales and maintenance and aircraft charter and taxi service, Wiley Post Airport, to extend the term for five years from December 1, 2003 through November 30, 2008. Ward 1.

4. Supplemental Lease Agreement No. 1, Paradies-Kambers, LLC, to lease 1,412.32 square feet of additional storage and office space, for construction, operation, management and maintenance of news/gifts and specialty retail shops, terminal building, Will Rogers World Airport, retroactive to November 1, 2003 through termination of Original Agreement. Ward 3.

5. Supplemental Agreement No. 28 to lease DOT-FA71AC-2103, United States of America, Federal Aviation Administration, lease of land and facilities for the Mike Monroney Aeronautical Center, to incorporate security clauses per FAA’s request, Mike Monroney Aeronautical Center, Will Rogers World Airport, November 4, 2003 through September 30, 2012. Ward 3.

APPROVED: K. 1-5. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND JOHNSON. ABSENT: RINEHART. DEPARTMENT OF AIRPORTS.

VI. L. 1. Resolution authorizing establishment of a Weed and Seed Project Protect grant fund to implement program with the State of Oklahoma Department of Corrections, $138,060 per year; authorizing deposit of funds; retroactive to July 1, 2003 through June 30, 2005.

2. Resolution authorizing the execution of Project Safe Neighborhoods Grant award documents; authorizing the documents to be forwarded to the Oklahoma District Attorneys Council for the implementation of the program; $213,536 over a two year period; authorizing deposit of funds; retroactive to July 1, 2003 through June 30, 2005.

3. Resolution authorizing the execution of the Weed and Seed: Project Safe Neighborhoods – Reducing Community Gun Violence Grant award documents; authorizing the documents be forwarded to the United States Department of Justice, Bureau of Justice Assistance for the implementation of the program, $248,732 over a two year period; authorizing deposit of funds; retroactive to July 1, 2003 through June 30, 2005.

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

M. Commercial Property Lease Agreement with Charles A. Shadid LLC d/b/a Shadid Properties, Weed and Seed Safe Haven II, 3448 “B” SW 29^th Street, 3450 SW 29^th Street, 3452 SW 29^th Street, 3006 South Dumas Avenue, and 3008 South Dumas Avenue; $32,000, retroactive to July 1, 2003 through June 30, 2004. Ward 3.

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

VI. N. Resolution approving renewal of sublease agreement with the State of Oklahoma, through the Oklahoma Department of Human Services, for 300 square feet of office space in the Sheridan Walker Parking Facility, retroactive to July 1, 2003 through June 30, 2004; and designating deposit of proceeds. Ward 6.

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

O. Resolution approving Modification No. 2 to a Contract for Goods and Services with DeMarge College, a for-profit organization, altering the scope of work by decreasing the duration of specific class sessions provided to customers of the Central Oklahoma Workforce Center, decrease of $4,702.50, retroactive to October 6, 2003 through June 30, 2004.

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

P. Renewal of Sandmining Agreement with Dolese Brothers Company and the Oklahoma City Riverfront Redevelopment Authority for additional property to extract materials on adjoining City-owned property, for sandmining operation, NE 36^th Street and Air Depot Boulevard, $12,000 in revenue per year, April 1, 2004 through March 31, 2011. Ward 7.

APPROVED. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND JOHNSON. ABSENT: RINEHART. OKLAHOMA CITY RIVERFRONT REDEVELOPMENT AUTHORITY.

VI. Q. 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 in Workers’ Compensation Court Claim No. 2003-03946A, styled: Jaye R. Snow, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier, and further authorizing the Municipal Counselor to assist said counsel in the rendition of a 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 in the event the Order is Joint Petitioned or commuted to a lump sum.

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

R. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $3,540.07 and all costs of the action in the Oklahoma County District Court in the claim filed by Roger Moreau.

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

S. Ratify and approve Addendum No. 1 and award contract to Downey Contracting, LLC, Project MP-0305, South Lakes Park, Phase II, SW 119^th Street and Meridian Avenue, $990,313.20; assigning GW2 Engineering, Inc. as testing laboratory; and approving contract and bonds. Ward 3.

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

VII. Concurrence Docket.

VIII. Items Requiring Separate Votes.

A. Ordinances on final hearing (emergency) recommended for approval (five of nine affirmative votes required for approval):

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

ADOPTED WITHOUT EMERGENCY. ORD. #22,346. MOVED BY BOWMAN, SECONDED BY JOHNSON. AYES: VICE MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, SIMANK AND JOHNSON. ABSENT: RINEHART AND FOSHEE. PLANNING DEPARTMENT.

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.

ADOPTED WITHOUT EMERGENCY. ORD. #22,347. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON. PLANNING DEPARTMENT.

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

ADOPTED WITHOUT EMERGENCY. ORD. #22,348. MOVED BY BOWMAN, SECONDED BY JOHNSON. AYES: VICE MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON. PLANNING DEPARTMENT.

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

Planning Commission approval subject to the Summary of Technical Evaluation as amended.

ADOPTED WITHOUT EMERGENCY. ORD. #22,349. APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: VICE MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON. ABSENT: BOWMAN. PLANNING DEPARTMENT.

VIII. A. 5. (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.

Easement requested but not submitted.

Planning Commission approval subject to the Summary of Technical Evaluation as amended.

ADOPTED WITHOUT EMERGENCY. ORD. #22,350. EASEMENT ACCEPTED. APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: VICE MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON. PLANNING DEPARTMENT.

B. Ordinance on final hearing (emergency) (five of nine affirmative votes required for approval), (PUD-929) 17200-17424 North May Avenue from R-1 Single Family Residential to PUD-929 Planned Unit Development. Ward 8.

ADOPTED WITHOUT EMERGENCY. ORD. #22,351. MOVED BY JOHNSON, SECONDED BY FOSHEE. AYES: VICE MAYOR LIEBMANN, CORNETT, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON. NAY: BOWMAN. PLANNING DEPARTMENT.

C. Ordinances on final hearing:

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.

ADOPTED. ORD. #22,344. MOVED BY SIMANK, SECONDED BY JOHNSON. AYES: VICE MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON. PLANNING DEPARTMENT.

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.

ADOPTED. ORD. #22,345. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: VICE MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON. PLANNING DEPARTMENT.

VIII. D. 1. Public hearing re:

a. 816 NW 8^th Street (cellar) Ward 6

b. 826 NW 8^th Street (retaining wall) Ward 6

c. 918 NW 23^rd Street (house) Ward 6

d. 1016 NW 32^nd Street (house, shed) Ward 2

e. 4521 Melrose Lane (house, garage) Ward 4

Deferred from September 9, 2003.

f. 800 NE 25^th Street (garage) Ward 7

Deferred from September 9, 2003.

g. 3001 SW 26^th Street (house) Ward 6

Deferred from October 21, 2003.

2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of November 5, 2003 and December 5, 2003 for commencement and completion of removal by owners.

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

E. 1. Public hearing re:

a. 916 North Western Avenue (commercial building) Ward 6

2. Resolution declaring the long-term boarded structures are dilapidated; directing said structures to be torn down, establishing dates of November 5, 2003 and December 5, 2003 for commencement and completion of removal by owners.

DEFERRED TO FEBRUARY 3, 2004. NEIGHBORHOOD SERVICES DEPARTMENT.

F. 1. Public hearing re:

a. 14032 North Everest Avenue (house) Ward 8

b. 2901 Magerus Avenue (house) Ward 3

c. 1000 South McKinley Avenue (commercial building) Ward 6

d. 3015 SW 13^th Street (house) Ward 6

e. 2022 NW 17^th Street (house, shed) Ward 6

f. 117 SW 22^nd Street (house) Ward 7

g. 601 SE 32^nd Street (house, shed, garage with attached shed, rear house) Ward 7

h. 2633 SW 62^nd Street (house, cellar) Ward 5

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

ADOPTED AS AMENDED: F. 1. a, b, e-g. STRICKEN: F. 1. d, h. DEFERRED TO DECEMBER 2, 2003: F. 1. c. MOVED BY SIMANK, SECONDED BY FOSHEE. AYES: VICE MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON. NEIGHBORHOOD SERVICES DEPARTMENT.

G. 1. Resolution authorizing Wiley L. Williams, Assistant Municipal Counselor to represent City employees James D. Couch, City Manager; Thomas A. Ray, Personnel Analyst; and Peet Loessberg, Utility Customer Services Superintendent, in the United States District Court for the Western District of Oklahoma, Case No. CIV-03-1378-R, styled: Leetta Ann Harrison 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: G. 1. NO ACTION TAKEN: G. 2. MOVED BY FOSHEE, SECONDED BY JOHNSON. AYES: VICE MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON. MUNICIPAL COUNSELOR’S OFFICE.

H. Enter into Executive Session to discuss the upcoming Settlement Conference in the case of Michael Grigsby vs. The City of Oklahoma City, et al., Case No. CIV-02-1220-F, in the United States District Court for the Western District of Oklahoma, as authorized by 25 O.S. (2001) §307(B)(4).

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

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

J. 1. Claims recommended for denial:

a. Lydia Benson $319.71

b. Laura Boyd $4,652.06

c. CNA Commercial Insurance $45,478.07

d. Farmers Insurance Group $10,634.35

e. Nicol McGee $115

f. Fannie Parrish $15.84

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

IX. Items from Council.

A. Resolution stating the critical need for construction of a safer traffic interchange at I-40 and Morgan Road; and commending Governor Brad Henry, State Senator Kathleen Wilcoxson, and State Representative Ray Young for their expressions of support and the Governor for his commitment to fund this project.

Councilman McAtee

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

Mr. Cornett thanked his cousin, Lt. Col. Beverly Cornett for agreeing to lead the Pledge of Allegiance. He also introduced his mother, Nona Cornett, and his aunt, Lou Cornett.

Mr. Bowman said when citizens have a zoning application denied they are able to reapply after six months. He said members of the Council are able to bring something back without waiting the six months. Mr. Bowman thinks it would be a good idea to examine this policy. He will ask in a future Council meeting that the policy be amended so members of Council must comply with the six-month waiting period as well.

Mr. Bowman thanked Mr. Couch for the report on spaying and neutering. He said the report stated that one approach used in many communities is to either require or offer sterilization to owners on the second or subsequent impoundment of the animal through either the shelter or through a voucher program. Mr. Bowman asked what the cost is to implement a similar system and also the effectiveness of such programs.

Mr. McAtee said he and his wife attended Law Enforcement Recognition Day last Sunday at the Windsor Hills Baptist Church. He said Major Chuck Allen, Oklahoma City Police Department, recognized three officers who went above and beyond the call of duty. In addition, Sheriff Whetsel recognized several people from the Sheriff’s Office and the Highway Patrol participated as well. Mr. McAtee said Oklahomans are blessed to have such outstanding law enforcement people.

Mr. McAtee said he had an accident while jogging near Dolese Park the other day and his finger was bleeding profusely. He commented that several citizens stopped to ask him if he needed assistance. Mr. McAtee said this is another testament to the first rate citizens living in Oklahoma City.

Mr. Rinehart thanked Jan New for her work and for helping him with the Draper Lake project.

Mr. Rinehart said trash build up is becoming a problem again around I-240 from Eastern Avenue to Anderson Road. He also reported there is a dead deer in the median east of Sooner Road.

Mr. Foshee said everyone now knows that OU is the number one college football team in the nation. He said Marty Stubka, FOP President, lost a bet with him about the outcome of the bedlam game and is now wearing a large foam Sooner Schooner hat. Mr. Foshee said Homicide Detective Ken Whitebird has to wear an OU shirt for one month as payment for a bet he lost as well.

Ms. Simank said she wore orange today to show her pride for the Oklahoma State Cowboys.

Vice Mayor Liebmann said the Marine Corps birthday is November 10^th and encouraged everyone to be thankful for the Marine Corps.

Vice Mayor Liebmann showed the members of the Council a recent newspaper story, which listed the top ten intersections for collisions in Oklahoma City. He asked if priority could be given to make these intersections safer.

Vice Mayor Liebmann reminded everyone that the Council meeting scheduled for next week was cancelled.

X. Citizens to be Heard.

Steve Flores, 3709 NW 59th Street, complained about dead animal pick up.

Mark Powers, 331 SE 49^th Street, talked about dead cats and dogs.

XI. City Manager Reports