THE City Of Oklahoma City

THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

DECEMBER 9, 2003

(The agenda was posted on the Council Chamber bulletin board at 4:00 p.m. on December 5, 2003.)

I. Invocation and Pledge of Allegiance.

DR. HERMAN REECE

DIRECTOR OF CONNECTING BUSINESSMEN TO CHRIST (CBMC)

PLEDGE LED BY COUNCILMAN MCATEE

II. Call to Order. 8:36 a.m.

VICE MAYOR LIEBMANN PRESIDING.

COUNCILWOMAN SIMANK, COUNCILWOMAN JOHNSON AND COUNCILMAN CORNETT ABSENT.

III. From the Office of the Mayor.

A. Appointment of John Culbertson to the Bond Advisory Committee.

CONFIRMED. MOVED BY FOSHEE, SECONDED BY MCATEE. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE.

B. Appointment of Richard Smith to the Electrical Appeals and Code Commission.

CONFIRMED. MOVED BY FOSHEE, SECONDED BY RINEHART. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE.

C. Appointment of Dwayne E. Watkins to the Mechanical Code Review and Appeals Commission.

CONFIRMED. MOVED BY FOSHEE, SECONDED BY BOWMAN. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE.

Vice Mayor Liebmann recognized Gary Shockley, Storm Water Quality Manager, and Paul Brum, Public Works Director, for receiving an award from the National Registry of Professionals for the Oklahoma City Storm Water Quality Management Program.

IV. A. Receive Journal of Council Proceedings for December 2, 2003.

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

B. Approve Journal of Council Proceedings for November 25, 2003.

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

V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING. 8:43 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY. 8:43 a.m.

(Majority of a Quorum required for approval)

1. Resolution authorizing the Risk Manager and the Oklahoma City Municipal Facilities Authority’s legal counsel not to appeal and to comply with the Order in Workers’ Compensation Court Claim No. 2001-15544Y, styled: Larry Lauck, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

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

2. a. Joint resolution ratifying the acts of Richard C. Smith, Assistant Municipal Counselor, and authorizing Robert E. Manchester and Susan Ann Knight to continue to represent municipal employees, Oklahoma City Police Officers Frank Torres and Darren Martin in the United States District Court for the Western District of Oklahoma, Case No. CIV-03-1519-M, styled: Georgia Fuston-Lounds vs. Torres, et al.

AND/OR

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

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

ADJOURN OCMFA. 8:43 a.m.

RECONVENE COUNCIL MEETING.

VI. Consent Docket.

A. Renewal and amendment of contract for the purchase of Police Solo Motorcycles (R4-C38134), $41,250, December 9, 2003 through June 30, 2004.

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

B. 1. Pricing Agreements for A&A Trucking, Inc. (C46142), Lawns by Murphy, LLC (C46143), and Tandem Services, Inc. (C46144), soil, sand, and rock, citywide, remainder of fiscal year 2003-04.

2. Resolution authorizing the open market purchase of soil, sand, and rock no bid items and items for which a need cannot be specified (OM4-C46145), estimated cost $150,000, remainder of fiscal year 2003-04.

AWARDED AND APPROVED: B. 1. ADOPTED: B. 2. MOVED BY FOSHEE, SECONDED BY BOWMAN. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PROCUREMENT SERVICES DIVISION.

C. Ordinance to be introduced and set for final hearing December 30, 2003, relating to zoning, amending Chapter 59, Article III, Section 3200 and Article IV, Sections 4700, 4800, 4900, 4950 and 4975 of the Oklahoma City Municipal Code, 2002; repealing Article VI, Section 6600 by enacting a new section 6600 concerning sight proof screening and landscaping; providing an effective date of January 1, 2004.

INTRODUCED AND SET FOR FINAL HEARING DECEMBER 30, 2003. MOVED BY FOSHEE, SECONDED BY BOWMAN. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PLANNING DEPARTMENT.

VI. D. Ordinances to be introduced and set for final hearing December 30, 2003:

1. (ABC-554) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying the PUD-98 Planned Unit Development, 2727 West Memorial Road. Ward 8.

2. (ABC-556) ABC-3 Alcoholic Beverage Consumption, Club With Alcohol overlaying the C-3 Community Commercial, 2001 East Reno Avenue. Ward 7.

3. (PUD-963) 13700-13908 North Pennsylvania Avenue and 1901-2035 West Memorial Road from PUD-31 Planned Unit Development to PUD-963 Planned Unit Development. Ward 8.

INTRODUCED AND SET FOR FINAL HEARING DECEMBER 30, 2003: D. 1-3. MOVED BY FOSHEE, SECONDED BY BOWMAN. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PLANNING DEPARTMENT.

E. Surveyor’s Certificate and Correction of Plat for Turtle Creek Estates, south of Memorial Road and east of MacArthur Boulevard. Ward 8.

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

F. Resolution accepting the subdivision bond and dedications contained in the final plat of Fenwick, Section 10, north of NW 164^th Street and west of Western Avenue. Ward 8.

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

G. Resolution accepting the dedications contained in the final plat of Esperanza Office Park, north of NW 150^th Street and west of May Avenue. Ward 8.

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

VI. H. Resolution declaring certain vacant property north side of NW 10^th Street, all City-owned property west of Klein Avenue and east of Virginia Avenue to be surplus to the needs of The City of Oklahoma City; authorization to advertise for bids; and establishing instructions for deposit of all proceeds from said property disposition. Ward 6.

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

I. Specification to be advertised for bids, Contract No. PR-1-03/04, street resurfacing, East Stanley Draper Drive, SE 89^th Street to Westminster Road; South Post Road, SE 74^th Street to SE 89^th Street; and Rock Spring Drive, South Luther Road to Culdesac. Ward 4.

APPROVED AND AUTHORIZED. BID RECEIPT DATE: DECEMBER 23, 2003. MOVED BY FOSHEE, SECONDED BY BOWMAN. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PUBLIC WORKS DEPARTMENT.

J. Contract for engineering services with White Engineering Associates, Inc., Project MC-0222, structural engineering services, December 9, 2003 through June 30, 2004. Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

K. Contract award to Rubicon Investment Co., Inc., Project DM-0228, channel cleaning and maintenance, (ten locations), $34,740; and approving contract and bonds. Wards 3, 4 and 5.

AWARDED AND APPROVED. MOVED BY FOSHEE, SECONDED BY BOWMAN. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PUBLIC WORKS DEPARTMENT.

L. Permit/License with the Oklahoma City Water Utilities Trust and Wal-Mart, to purchase and sell Lake Activity Permits, 1801 Belle Isle Boulevard, December 9, 2003 through November 17, 2004. Ward 2.

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

VI. M. Resolution authorizing the General Services Director to execute and transfer vehicle titles at the time of surplus equipment sales, retroactive to December 5, 2003.

ADOPTED. MOVED BY FOSHEE, SECONDED BY BOWMAN. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. GENERAL SERVICES DEPARTMENT.

N. Ratify and approve Addenda No. 1, 2, 3, 4 and 5, and adopt joint resolution extending time for award of contract, and awarding contract to Rudy Construction Company, Project MP-0189 and Project WM-0095, Lake Overholser Trail Plus Alternate No. 3, Lake Overholser Reservation between NW 10^th Street and NW 39^th Street, east side of Lake Overholser, $637,345.90; assigning Standard Testing & Engineering Company as testing laboratory; and approving contract and bonds. Ward 1.

RATIFIED, APPROVED, AND ADOPTED. MOVED BY FOSHEE, SECONDED BY BOWMAN. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PUBLIC WORKS DEPARTMENT.

O. Amendment No. 1, Project MP-0189 and Project WM-0095, Lake Overholser Trail Plus Alternate No. 3, Lake Overholser Reservation between NW 10^th Street and NW 39^th Street on the east side of Lake Overholser, decrease of $54,000. Ward 1.

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

P. Change Order No. 2, Project MP-0232, Hefner Trails improvements, Lake Hefner, increase of $31,236. Wards 1 and 8.

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

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

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

VII. Concurrence Docket.

A. Concurrence with the Oklahoma City Water Utilities Trust in ratifying and approving Addendum No. 1, Project WT-0049, Overholser Dam Spillway rehabilitation, East Overholser Drive and NW 16^th Street. Ward 1.

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

B. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 1 and Change Order No. 1, Project WT-0054, powdered activated carbon feed and storage system, Draper Water Treatment Plant, 13700 South Douglas Boulevard, decrease of $4,223.61. Ward 4.

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

C. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendment No. 2 to contract for engineering services, Project WC-0418, improvements and expansion of Lake Draper Water Treatment Plant, 13700 South Douglas Boulevard, fee increase of $211,425. Ward 4.

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

D. Concurrence with the Oklahoma City Water Utilities Trust in approving Change Order No. 2, 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 $10,891. Ward 7.

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

VII. E. Concurrence with the Oklahoma City Water Utilities Trust in approving contract for engineering services:

1. Cobb Engineering Company, Project WC-0468, water main extension, Hefner Water Treatment Plant, Hefner Road to Britton Road, Britton Road to Morgan Road, Morgan Road to Booster Station 18 and north to ½ Section line, fee of $410,000. Ward 1.

2. Design Engineers, Inc., Project SC-0658, sewer relief main, North MacArthur Boulevard on Memorial Road to North Council Road, and southwest to Morgan Road north of Britton Road, fee of $200,000. Ward 8.

CONCURRED: E. 1,2. MOVED BY FOSHEE, SECONDED BY BOWMAN. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PUBLIC WORKS DEPARTMENT.

VIII. Items Requiring Separate Votes.

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

1. (ABC-551) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying the C-CBD/UD Central Business/Urban Design, 2534 South Robinson Avenue. Ward 7.

ADOPTED WITHOUT EMERGENCY. ORD. #22,360. MOVED BY RINEHART, SECONDED BY FOSHEE. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PLANNING DEPARTMENT.

2. (PC-9832) 5300 NW 164^th Street from AA Agricultural, R-1 Single Family Residential, and PUD-248 Planned Unit Development to R-1 Single Family Residential. Ward 8.

ADOPTED WITHOUT EMERGENCY. ORD. #22,361. MOVED BY FOSHEE, SECONDED BY RINEHART. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PLANNING DEPARTMENT.

VIII. A. 3. (PC-9837) 414 West Wilshire Boulevard from R-1 Single Family Residential to I-2 Moderate Industrial. Ward 2.

ADOPTED WITHOUT EMERGENCY. ORD. #22,362. MOVED BY BOWMAN, SECONDED BY FOSHEE. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PLANNING DEPARTMENT.

4. (PC-9838) 1015 SE 34^th Street from R-1 Single Family Residential to I-2 Moderate Industrial. Ward 7.

ADOPTED WITHOUT EMERGENCY. ORD. #22,363. MOVED BY RINEHART, SECONDED BY FOSHEE. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PLANNING DEPARTMENT.

5. (PC-9842) 6500 South Council Road from AA Agricultural to I-2 Moderate Industrial. Ward 3.

Easement to be accepted.

ADOPTED WITHOUT EMERGENCY. ORD. #22,364. MOVED BY MCATEE, SECONDED BY FOSHEE. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PLANNING DEPARTMENT.

B. Ordinance on final hearing (emergency) recommended for approval (CE-622) to close Central Avenue extending north from NE 4^th Street. Ward 7.

ADOPTED WITHOUT EMERGENCY. ORD. #22,365. MOVED BY RINEHART, SECONDED BY MCATEE. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PLANNING DEPARTMENT.

C. 1. Public hearing re:

a. 307 North High Avenue (house) Ward 7

b. 1809 North Jordan Avenue (house) Ward 7

c. 943 SE 13^th Street (house) Ward 7

d. 2824 NW 14^th Street (garage) Ward 6

e. 632 SW 28^th Street (garage) Ward 6

f. 1113 NW 80^th Street (carport) Ward 2

g. 1120 NW 80^th Street (house) Ward 2

h. 1313 NW 97^th Street (garage) Ward 2

i. 1449 NW 97^th Street (garage) Ward 2

j. 1345 NW 98^th Street (house) Ward 2

VIII. C. 2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of December 10, 2003 and January 9, 2004 for commencement and completion of removal by owners.

ADOPTED AS AMENDED: C. 1. a,b,d,f-j. DEFERRED TO FEBRUARY 3, 2004: C. 1. c. DEFERRED TO MARCH 9, 2004: C. 1. e. MOVED BY FOSHEE, SECONDED BY BOWMAN. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. NEIGHBORHOOD SERVICES DEPARTMENT.

D. 1. Public hearing re:

a. 10005 North Western Avenue (house) Ward 2

b. 208 NE 14^th Street (house) Ward 7

c. 1137 NW 98^th Street (house) Ward 2

2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED: D. 1. b,c. STRICKEN: D. 1. a. MOVED BY FOSHEE, SECONDED BY BOWMAN. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. NEIGHBORHOOD SERVICES DEPARTMENT.

E. Appeal of Traffic Commission decision to deny the installation of “No Vehicle in Excess of Two Axles” signs and “No Parking Anytime” signs on Cambridge Court between May Avenue and Greystone Avenue; and Cambridge Court between May Avenue and Berkley Avenue, south side. Ward 2.

Deferred from December 2, 2003.

DENIAL UPHELD. MOVED BY BOWMAN, SECONDED BY FOSHEE. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. PUBLIC WORKS DEPARTMENT.

F. Resolution relating to the proceeds of “General Obligation Refunding Bonds, Series, 2002”; approving a Special Escrow Fund Agreement securing certain outstanding bonds of The City; and providing for the expenditure of funds.

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

VIII. G. 1. Resolution authorizing Richard C. Smith, Assistant Municipal Counselor, to represent municipal employee Oklahoma City Police Officer John High in the United States District Court for the Western District of Oklahoma, Case No. CIV-03-1481-C, styled: Terrence W. Manigault 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 MCATEE. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. MUNICIPAL COUNSELOR’S OFFICE.

H. 1. Joint resolution with the Oklahoma City Municipal Facilities Authority ratifying the acts of Richard C. Smith, Assistant Municipal Counselor, and authorizing Robert E. Manchester and Susan Ann Knight to continue to represent municipal employees, Oklahoma City Police Officers Frank Torres and Darren Martin in the United States District Court for the Western District of Oklahoma, Case No. CIV-03-1519-M, styled: Georgia Fuston-Lounds vs. Torres, 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: H. 1. NO ACTION TAKEN: H. 2. MOVED BY FOSHEE, SECONDED BY MCATEE. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. MUNICIPAL COUNSELOR’S OFFICE.

I. 1. Claims recommended for denial:

a. CEI Services $395.54

b. Tim Hendrickson $21.61

c. Hopes Warehouse $4,832

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: I. 1. a-c. NO ACTION TAKEN: I. 2. MOVED BY FOSHEE, SECONDED BY RINEHART. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE. MUNICIPAL COUNSELOR’S OFFICE.

IX. A. 1. Claims for Approval.

a. Jameson Perkins $280.69

b. Steven H. Ragan $500

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

X. Items from Council.

A. Ordinance to be introduced and set for final hearing December 30, 2003, relating to zoning, amending Chapter 59, Article VI, Section 59-6910.2F of the Oklahoma City Municipal Code, 2002, as amended, pertaining to specific parking requirements.

Councilman McAtee

INTRODUCED AND SET FOR FINAL HEARING DECEMBER 30, 2003. MOVED BY MCATEE, SECONDED BY FOSHEE. AYES: VICE MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, AND FOSHEE.

Mr. Rinehart asked for clarification as to what business issue Cox Cable had brought before the Council two months previously.

Mr. Couch said as he recalled, The City approved the minimum rates that Cox Cable is allowed to charge.

Mr. Rinehart said he’s had several calls about Cox Cable’s plans to pull ESPN coverage from the cable service and charge extra to receive the channel. He asked if it would be appropriate for The City to send a letter of concern to Cox Cable about pulling this coverage.

Mr. Couch said The City has control over the programming for the basic cable service offered by Cox Cable. He thought the ESPN coverage was not part of the basic cable service but was available as part of a premium service package. Mr. Couch said Cox Cable and ESPN are in a widely publicized dispute over this matter.

Mr. Foshee asked if the Public Information Office might send out something to the citizens letting them know that the City Council has no control over Cox Cable programming for these premium packages.

Mr. Couch said his office would prepare a City Manager’s Report on the topic.

Mr. Rinehart said now that Douglas Boulevard opens into Draper Lake, the signage in that area is incorrect. He asked if that signage could be corrected.

Mr. Rinehart asked if The City gave preference to Veterans when making hiring decisions.

Mr. Rinehart asked if The City would provide an opportunity for private citizens to offer input about the moving of the speedway to Draper Lake.

Mr. Couch said the decision to move the speedway has not yet been made. He said the Water Trust is working with Carter & Burgess to do a feasibility study over this issue. Mr. Couch thought once the feasibility study has been concluded there would be opportunities for citizens to get involved with the process.

Mr. McAtee said he and his wife attended the Corbin Park Classic Neighborhood Association meeting last night. He commended Zenoba Johnson, Association President, for keeping the group active.

Mr. McAtee encouraged everyone to take part in the Downtown in December festivities. He said free canal rides are available on Thursdays, Fridays and Saturdays in December. Mr. McAtee said if you purchase a $28 sweatshirt at the Braum’s Ice Skating Rink, you could skate all season for free.

Mr. Bowman welcomed Mark Schwartz, former Oklahoma City Ward 2 City Councilman, who was in the audience.

Mr. Bowman talked about the City Manager Report about gasoline drive-offs. He was concerned that significant police time is spent on thousands of reported larcenies due to this issue each year. He suggested that The City contact gasoline vendors and ask them to voluntarily invoke a prepaid policy for six months as a way of collecting more data about this issue.

Mr. Foshee recommended gasoline vendors should install cameras so license plate numbers of the people driving off without paying could be attained. He said this would increase the conviction rate and be a deterrent.

Mr. Liebmann recognized Mark Schwartz and welcomed him back to Oklahoma City.

Mr. Liebmann thought the City Council should not be dictating how people pay for gasoline products. He said gas station employees who might be pocketing the money but reporting it as a crime, could be inflating the numbers. Mr. Liebmann said he doesn’t like having to pay in advance for his gas and would prefer for the City Council to stay out of this issue.

Mr. Foshee said The City might consider giving the gasoline vendors a choice between putting up cameras to capture the license plate numbers and having their customers pay for gas in advance of pumping it. Mr. Foshee agreed that he doesn’t like to have police officers pulled out of the neighborhoods to take care of these gasoline drive-offs.

Mr. Liebmann said the 20^th Annual Christmas Parade in Downtown Oklahoma City on Saturday night was very well attended. He thanked the Oklahoman for donating the 50-foot Christmas tree. Mr. Liebmann said there are over 700 volunteers working during the holiday season to make Downtown Oklahoma City a fun and exciting venue.

XI. Citizens to be Heard.

Mark Schwartz, former Ward 2 Councilman, said he was proud of the Oklahoma City projects completed over the last five years.

XII. City Manager Reports.

A. Top Ten Accident Location Program

B. Gasoline Drive-Offs

XIII. Adjournment. 9:52 a.m.

Guy Liebmann Vice Mayor

ATTEST:

Frances Kersey City Clerk

James D. Couch City Manager