THE CITY OF OKLAHOMA CITY

JOURNAL OF COUNCIL PROCEEDINGS

REGULAR CITY COUNCIL MEETING

OCTOBER 5, 2004

(The agenda was posted on the Council Chamber bulletin board at 4:03 p.m. on October 1, 2004.)

    I. Invocation and Pledge of Allegiance.

REVEREND EARL BRYANT

WILDEWOOD BAPTIST CHURCH

PLEDGE LED BY COUNCILMAN FOSHEE

   II. Call to Order.  8:38 a.m.

MAYOR CORNETT PRESIDING.

ALL MEMBERS PRESENT.

  III. From the Office of the Mayor.

     A. Resolution of Commendation for the October 2004 South Oklahoma City Kiwanis Club Employee of the Month, Liz Ussery.

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

     B. Appointment of Dylan Edwards to the Youth Council of Oklahoma City.

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

PROCLAIMED: October 2004 as “Disability Awareness Month” and Tuesday, October 26 as “Special Disability Awareness Day”.  Received by George B. Lewis, FAIA, Chairman of the Mayor’s Committee on Disability Concerns.

PROCLAIMED: October 2004 as “Try Transit Month”.  Received by Chris Kaufmann, Central Oklahoma Transit and Parking Authority Board Chairman.

   IV. A. Receive Journal of Council Proceedings for September 28, 2004.

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

     B. Approve Journal of Council Proceedings for September 14, 2004.

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

    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. a. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2004-059415K, styled: Sharon J. Buchanan, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

          b. Joint Resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2003-07802Y, styled: Luke Mesi, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

ADOPTED:  1. a,b.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  FINANCE DEPARTMENT.

  OCMFA. 2. Resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of Workers’ Compensation Court Claim No. 2003-16723L, styled: Sabir Rashad, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

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

          3. Resolution approving the renewal of insurance coverage for Real and Personal Property, Airport Liability and various Public Official’s Bonds with Gallagher Bryce; Commercial General Liability with Rich & Cartmill; Aircraft Hull & Liability with Oklahoma Municipal Assurance Group; and Public Employees’ Blanket Dishonesty Bond and Money & Security Bonds with Cole, Paine and Carlin for The City of Oklahoma City and certain trusts, retroactive to October 1, 2004 through September 30, 2005.

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

     4. a. Joint Resolution authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employee, Oklahoma City Police Officer Lieutenant Aven Bull in the United States District Court for the Western District of Oklahoma, Case No. CIV-04-19L, styled: The Estate of Lewis Avery Roberts, deceased and Mary Ellen Glasco vs. The City of Oklahoma City, et al.

          AND/OR

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

ADOPTED:  4. a,b.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

  OCMFA. 5. a. Joint Resolution authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employee, Oklahoma City Police Officer Matt Downing in the United States District Court for the Western District of Oklahoma, Case No. CIV-04-0872M, styled: Harold Richard Henager vs. Officer M. Downing and four unknown Police Officers.

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

ADJOURN OCMFA.  9:00 a.m.

RECONVENE COUNCIL MEETING.  9:00 a.m.

   VI. Consent Docket.

       A. Amendment to contracts for copiers and related equipment, Image Works of Oklahoma, Inc. (R5-C47080), BMI Systems (R5-C47081), SJP Inc. dba Central Business Equipment (R5-C47082), Ikon (R5-C47083), J.D. Young Company (R5-C47085), Laser Source, L.L.C. (R5-C47086), Oklahoma Office Systems, Inc. (R5-C47087), R.K. Black, Inc. (R5-C47088), Sharp Electronics Corp. (R5-C47089), Standley Systems (R5-C47090), retroactive to July 1, 2004 through June 30, 2005.

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

   VI. B. Resolution ratifying and approving the purchase of computers and computer supplies utilizing state contract pricing for the period of September 1, 2004 through September 30, 2004; and authorizing the purchase of computers (S5-SW00206) from State Contract, retroactive to September 1, 2004 through September 30, 2004.

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

       C. Resolution declaring one 1999 Ford Interstater (City ID #9861300) with triple flail mower, surplus, and authorize the trade-in, in conjunction with the purchase of one new Ford Interstater with triple flail mower from Central New Holland, Inc. (S5-SW40190) from State Contract, $64,629.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  GENERAL SERVICES DEPARTMENT.

       D. Pricing agreement awards and approvals:

          1. United Building Maintenance, Inc. (C57072), custodial services, 100 North Walker Building, October 5, 2004 through June 30, 2005; and approving performance bond.

          2. PureService Corporation (C57073), custodial services, Municipal Building, 200 North Walker Avenue, October 5, 2004 through June 30, 2005; and approving performance bond.

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

       E. Amendment to pricing agreement, Bound Tree Medical, LLC (C55009), Emergency Medical Products, Inc. (C55012), Tri-Anim Health Services, Inc. (C55025), emergency medical service supplies, October 5, 2004 through June 30, 2005.

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

   VI. F. Resolution releasing the subdivision bond for Fenwick, Section 10, north of NW 164th Street and west of Western Avenue.  Ward 8.

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

       G. Resolutions accepting the dedications contained in the final plats:

          1. Quail Glen, south of SE 44th Street and west of Choctaw Road.  Ward 4.

          2. Oakmond, Phase V, south of NW 150th Street and west of Santa Fe Avenue.  Ward 8.

ADOPTED:  G. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       H. Resolution accepting the subdivision bond and dedications contained in the final plat of Westbrooke Estates, Section 8, and acceptance of two utility easements, north of SW 29th Street and west of County Line Road.  Ward 3.

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

       I. Resolution accepting two subdivision bonds and dedications contained in the final plat of Westcreek Estates, Phase III, north of SW 15th Street and west of Czech Hall Road.  Ward 3.

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

       J. Resolutions accepting the irrevocable letters of credit and dedications contained in the final plats:

          1. Somers Pointe, Phase I, and acceptance of two utility easements, south of Reno Avenue and west of Cemetery Road.  Ward 3.

   VI. J. 2. Westgate Marketplace, Section 7, south of Reno Avenue and west of MacArthur Boulevard.  Ward 3.

ADOPTED:  J. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       ¢ K. Final plans and specifications to be advertised for bids, Project MB-0644, Police Headquarters Building Repairs, Phase I, Main Entrance Steps and Flag Plaza, 701 Colcord Drive.  Ward 6.

APPROVED AND AUTHORIZED.  BID RECEIPT DATE:  OCTOBER 26, 2004.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       L. Contract awards and approving contracts and bonds:

          1. Project DM-0241, Rubicon Investment Co., Inc., channel cleaning and maintenance, (seven locations), $29,940.  Wards 1, 2 and 8.

          2. Project DM-0242, Rubicon Investment Co., Inc., channel cleaning and maintenance, (13 locations), $41,940.  Wards 4 and 5.

AWARDED AND APPROVED:  L. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

       M. Contract renewal, Project MC-0224, Cook’s Fence and Iron Co., Inc., fence repair and installation, not to exceed $200,000, retroactive to July 1, 2004 through June 30, 2005.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

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

       N. Receive Consultant Review Committee Report, Project MC-0243, General Civil Engineering Consultant; and authorization to negotiate a contract.  Wards 1, 2, 3, 4, 5, 6, 7 and 8.

RECEIVED AND AUTHORIZED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PUBLIC WORKS DEPARTMENT.

   VI. O. Amendment No. 1 to contract for engineering services, traffic control improvements, Project TC-0261, Tulsa Avenue and NW 50th Street; and Project TC-0262, Tulsa Avenue and NW 10th Street.  Wards 1 and 3.

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

       P. Acceptance of two permanent sanitary sewer easements and two sewer line easements.  Wards 3, 4 and 8.

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

       Q. Acceptance of two permanent easements, Project PC-0204, street widening, NW 150th Street, from Pennsylvania Avenue to North Western Avenue.  Ward 8.

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

       R. Acceptance of privately constructed projects; and placing maintenance bonds into effect as of the final inspection dates:

          1. Four privately constructed storm sewer projects, two privately constructed paving projects and three privately constructed paving and drainage projects.  Wards 1, 2, 4, 5, 6 and 8.

          2. Eight privately constructed sanitary sewer projects.  Wards 3, 5 and 8.

          3. One privately constructed storm sewer project, two privately constructed paving projects, and five privately constructed paving and drainage projects.  Wards 1, 4, 5 and 8.

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

   VI. S. Acceptance of Quit Claim Deed, six permanent easements and seven temporary easements, Project PC-0181, Walnut Avenue, NE 2nd Street to NE 6th Street.  Ward 7.

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

       T. Dedication of permanent easement, right-of-way for public street and utilities, Sara Road between NW 10th Street and Reno Avenue.  Ward 3.

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

       U. Ordinance to be introduced and set for final hearing October 19, 2004, relating to Vehicles for Hire; amending Section 56-272 of Article III of Chapter 56 of the Oklahoma City Municipal Code, 2002, by amending the type and amount of insurance coverage carriages must obtain to operate in Oklahoma City.

INTRODUCED AND SET FOR FINAL HEARING OCTOBER 19, 2004.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN. PUBLIC WORKS DEPARTMENT.

     V. Amendment No. 2 to Contract for Engineering Services, Project PC-0256, NE 23rd Street streetscape and street improvements, NE 23rd Street from I-35 to Bath Avenue; and Project WC-0448, water main construction, NE 23rd Street from I-35 to Martin Luther King Avenue, increase of $21,274.  Ward 7.

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

       W. Release of easements:

          1. Project WA-1282, water line, south of Reno Avenue and west of Mustang Road.  Ward 3.

          2. Project WA-1282, water line, south of Reno Avenue and west of Mustang Road.  Ward 3.

RELEASED:  W. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

   VI. X. Partial release of existing permanent sanitary sewer easement and acceptance of permanent sanitary sewer easement, Project SD-1834, north of Memorial Road, between Eastern Avenue and Bryant Avenue.  Ward 7.

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

       Y. 1. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2004-059415K, styled: Sharon J. Buchanan, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

          2. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2003-07802Y, styled: Luke Mesi, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

ADOPTED:  Y. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  FINANCE DEPARTMENT.

       Z. Joint Resolution with the Oklahoma City Water Utilities Trust extending the schedule for the relocation of off-road vehicles from Lake Stanley Draper to West Elm Creek from December 31, 2004 to June 1, 2005.  Ward 4.

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

   VI. AA. Joint Resolution with the Oklahoma City Water Utilities Trust authorizing the General Manager or designee to proceed with the rezoning of the off-road vehicle relocation area at West Elm Creek Reservation and Lake Stanley Draper Reservation; including filing the rezoning application; and representing the Trust at Planning Commission meetings.  Ward 4.

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

       BB. Joint Resolution with the Oklahoma City Water Utilities Trust rejecting Request for Proposals received for the Private Sector Engagement Process at Lake Stanley Draper Reservation; and directing Carter Burgess to complete a hotel/resort conference center development evaluation.  Ward 4.

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

       CC. Oil and Gas Lease with the Oklahoma City Water Utilities Trust and r.c. Taylor Companies, Inc., Draper-West Elm Creek Basin Impoundment Area; assigning exploration rights while specifically prohibiting surface operations for drilling of oil and gas wells, NE of 8500 South Midwest Boulevard, 487 net mineral acres.  Ward 4.

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

       DD. Professional Services Agreement with Marvin York in Association with Steve Edwards, State Legislative consulting services, $85,000, retroactive to September 1, 2004 through June 30, 2005.

          Deferred from September 28, 2004.

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

   VI. EE. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,800 and all costs of the action in the Oklahoma County District Court in the claim filed by Denise Cunningham.

          2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $1,701.96 and all costs of the action in the Oklahoma County District Court in the claim filed by Victoria Fernandez.

          3. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $2,079.40 and all costs of the action in the Oklahoma County District Court in the claim filed by Jason Foreman.

ADOPTED:  EE. 1-3.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

       FF. Landscape Improvement and Maintenance Agreement with Oklahoma City Beautiful, Inc., median improvements and maintenance, SW 25th Street and Shields Boulevard, October 5, 2004 through October 4, 2007.  Ward 7.

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

       GG. Allocation of $388,297 from 1995 General Obligation Bond Funds, Proposition No. 6 – New Parks, Recreational Facilities, and Parkway Improvements, to pay $388,297 for the construction of Route 66 Park, NW 23rd Street and Overholser Drive.  Ward 1.

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

  VII. Concurrence Docket.

     A. Concurrence with the Oklahoma City Water Utilities Trust in approving plans and specifications to be advertised for bids, Project WC-0515, water main replacement, Tulsa Avenue to Roff Avenue, NW 20th Street to NW 22nd Street; Warren Avenue to Geraldine Avenue, NW 22nd Street to NW 23rd Street; and Hamilton Drive, NW 48th Street to NW 50th Street.  Wards 1, 2 and 3.

CONCURRED.  MOVED BY LIEBMANN, SECONDED BY BOWMAN.  BID RECEIPT DATE:  OCTOBER 19, 2004.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     B. Concurrence with the Oklahoma City Water Utilities Trust in approving Amendments No. 1; and accepting the projects and placing maintenance bonds into effect:

          1. Project SC-0692, emergency 36-inch sanitary sewer crossing replacement, north of NW 206th Street and Western Avenue, decrease of $612.22.

          2. Project SC-0694, emergency sanitary sewer line repair, north of SW 15th Street and east of MacArthur Boulevard, decrease of $10,413.13.  Ward 3.

          3. Project WC-0444, water main relocation, intersection of Britton Road and MacArthur Boulevard, decrease of $2,390.  Ward 1.

CONCURRED:  B. 1-3.  MOVED BY LIEBMANN, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

     C. Concurrence with the Oklahoma City Water Utilities Trust in approving Change Order No. 1, Project WE-0048, Overholser Water Treatment Plant low lift pump station leak repairs, Overholser Water Treatment Plant, 501 North Pennsylvania Avenue, increase of $21,412.02.  Ward 6.

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

  VII. D. Concurrence with the Oklahoma City Water Utilities Trust in approving Change Order No. 2, Project WT-0050/ST-0093, Hefner Water Treatment Plant Laboratory renovations, 4000 NW 108th Street; and Project WM-0091/SM-0117, 420 West Main Street, 4th Floor Office renovations, increase of $2,673.  Wards 6 and 8.

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

     E. Concurrence with the Oklahoma City Water Utilities Trust in approving Preliminary Engineering Report from Design Engineers, Inc., Project SC-0658, Sanitary Sewer System for Land Run Development, North Memorial Road and MacArthur Boulevard to North Britton Road and Morgan Road; and authorization to prepare plans and specifications and begin easement acquisition for the gravity portion of the project.  Wards 1 and 8.

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

     F. Concurrence with the Oklahoma City Water Utilities Trust in accepting Project SM-0113, Phase II, roofing and structural repairs for Overholser Main and Filter Building, 601 North Pennsylvania Avenue; and Overholser Boiler Building, 501 North Pennsylvania Avenue; and placing maintenance bond into effect.  Ward 6.

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

  VII. G. Concurrence with the Oklahoma City Water Utilities Trust in adopting resolution authorizing release to Lippert Bros., Inc. a portion of the $372,500 currently retained as liquidated damages and for all other outstanding items; and authorizing an amount to be released pending further negotiations and settlement to be determined, Project WT-0034, construction of two five-million gallon clearwells, Hefner Water Treatment Plant, 4000 West Hefner Road.  Ward 8.

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

     H. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution recommending the Oklahoma City Public Schools Board of Education ratify and approve Addenda Nos. 1, 2, and 3, and award contract, and base bid plus Alternate Nos. 1, 2, 3, 4, 5B, 6, 7, 8, 9A and 9B, to ML Young Construction, LLC, Project EB-0009, Telstar Elementary School Addition and Renovation, 9521 NE 16th Street, $2,743,020; and approve contract and bonds.  Midwest City.

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

     I. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution ratifying and approving Addendum No. 1, awarding contract to Hunter Mechanical and Controls, Inc., Project ES-0020, Taft Middle School Early Start Chiller Replacement, 2901 NW 23rd Street, $167,000; and approving contract and bonds.  Ward 2.

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

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

          1. Little Axe Public School District, three maintenance trucks, Little Axe Elementary School, 2200 168th Avenue NE; Little Axe Middle School, 1608 168th Avenue NE; Little Axe High School, 1608 168th Avenue NE, $54,130.  Norman.

          2. Little Axe Public School District, gym floor resurfacing, Little Axe School Gymnasium, 2000 168th Avenue NE, $53,296.  Norman.

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

     K. Concurrence with the Oklahoma City Metropolitan Area Public Schools Trust in adopting resolution approving Schematic Design, Project ES-0010, Edgemere Elementary School, 3200 North Walker Avenue.  Ward 2.

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

VIII. Items Requiring Separate Votes.

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

     1. (ABC-571) ABC-2 Alcoholic Beverage Consumption, Restaurant With Alcohol overlaying C-3 Community Commercial, 12201 North Rockwell Avenue.  Ward 8.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,569.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

          2. (PC-9896) 8101 SW 89th Street from AA Agricultural to R-A Single Family Rural Residential.  Ward 3.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,570.  MOVED BY MCATEE, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  MARRS.  PLANNING DEPARTMENT.

VIII. A. 3. (PC-9897) 11600 North I-35 Service Road from C-3 Community Commercial to I-1 Light Industrial.  Ward 7.

     Deferred from September 28, 2004.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,571.  MOVED BY JOHNSON, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, JOHNSON AND LIEBMANN.  ABSENT:  MARRS AND SIMANK.  PLANNING DEPARTMENT.

     4. (PC-9901) 4526 Mackleman Drive from C-3 Community Commercial to R-4 General Residential.  Ward 4.

     Deferred from September 28, 2004.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,572.  MOVED BY RINEHART, SECONDED BY MCATEE.  AYES:  MAYOR CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  MARRS.  PLANNING DEPARTMENT.

     5. (PC-9905) 2301 NW 150th Street from PUD-288 Planned Unit Development to R-1 Single Family Residential.  Ward 8.

DEFERRED TO OCTOBER 19, 2004.  PLANNING DEPARTMENT.

          6. (PUD-1006) 12201 South Pennsylvania Avenue from R-1 Single Family Residential and C-3 Community Commercial to PUD-1006 Planned Unit Development.  Ward 5.

     Deferred from September 28, 2004.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,574.  MOVED BY FOSHEE, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  BOWMAN.  PLANNING DEPARTMENT.

     7. (PUD-1015) 501-825 North Bryant Avenue from I-3 Heavy Industrial to PUD-1015 Planned Unit Development.  Ward 7.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,575.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY JOHNSON, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

VIII. A. 8. (PUD-1018) 2920-3012 Rose Creek Drive from PUD-783 Planned Unit Development to PUD-1018 Planned Unit Development.  Ward 8.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,576.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

     9. (PUD-1019) 11133-11239 West Reno Avenue from I-2 Moderate Industrial to PUD-1019 Planned Unit Development.  Ward 3.

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

ADOPTED WITHOUT EMERGENCY.  ORD. #22,577.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY MCATEE, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       B. Ordinances on final hearing (emergency) recommended for denial (five affirmative votes required for approval):

          1. (PC-9900) 1816 and 1820 SW 17th Street from R-1 Single Family Residential to R-2 Medium Low Density Residential.  Ward 6.

DENIED AS RECOMMENDED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

          2. (PC-9888) 5400 South Cemetery Road from AA Agricultural to R-A Single Family Rural Residential.  Ward 3.

     Deferred from August 3 and September 14, 2004.

DEFERRED TO OCTOBER 19, 2004.  PLANNING DEPARTMENT.

VIII. C. Ordinances on final hearing (emergency) recommended for approval:

          1. (CE-629) closing a 10-foot utility easement in Lot 1, Block 106, Quail Creek, Section 12, 3301 Brookhollow Road.  Ward 8.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,573.  MOVED BY LIEBMANN, SECONDED BY FOSHEE.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

          2. (CE-630) closing the platted 20-foot east/west alley in Block 31, Maywood Addition, north of NE 7th Street and east of Walnut Avenue.  Ward 7.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,567.  MOVED BY JOHNSON, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

          3. (CE-632) vacating a portion of North Walker Avenue between Robert S. Kerr Avenue and NW 4th Street.  Ward 6.

DEFERRED TO OCTOBER 19, 2004.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  PLANNING DEPARTMENT.

       D. Ordinance on final hearing (emergency) (SP-359) Special Permit to operate a residential drug and alcohol treatment center in the R-3 Medium Density Residential, 1230 NW 1st Street.  Ward 6.

          Planning Commission approval subject to the Summary of Technical Evaluation.

DEFERRED TO NOVEMBER 2, 2004.  PLANNING DEPARTMENT.

VIII. E. 1. Ordinance on final hearing, relating to Signs, amending Chapter 3, Article V, Section 3-119 of the Oklahoma City Municipal Code, 2002, relating to the prohibition of nonaccessory signs in and around the downtown area, and providing for an effective date of November 10, 2004.  Wards 6 and 7.

ADOPTED AS AMENDED.  ORD. #22,564.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.  NAY:  RINEHART.  AMENDMENT: PROVIDED FOR COURT SETTLEMENT AGREEMENTS.  MOVED BY LIEBMANN, SECONDED BY BOWMAN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  NAY:  FOSHEE.  PLANNING DEPARTMENT.

          OR

          2. Ordinance on final hearing, relating to Signs, amending Chapter 3, Article V, Section 3-119 of the Oklahoma City Municipal Code, 2002, relating to the prohibition of nonaccessory signs in the Downtown Scenic Highway Area, redefining the boundaries of said area; and providing an effective date of November 10, 2004.  Wards 6 and 7.

NO ACTION TAKEN.  PLANNING DEPARTMENT.

       F. Ordinance on final hearing, relating to Utilities, amending Chapter 55 of the Oklahoma City Municipal Code, 2002, Article III repealing Sections 55-106 through 55-113; and adopting new Section 55-106, defining collection center; new Section 55-107, declaring collection centers to be agents of the utility customer; new Section 55-108, collection center requirements; new Section 55-109, authorization of the Utilities Superintendent to establish policies and procedures; new Section 55-110, collection center failures; new Section 55-111, authorizing the Utilities Superintendent to return, hold or process payment submittals; new Section 55-112, requiring collection centers to post or disclose fees and delivery; and new Section 55-113, authorizing and defining payment centers.

ADOPTED.  ORD. #22,565.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, AND LIEBMANN.  ABSENT:  JOHNSON.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

VIII. G. Ordinance on final hearing, relating to Adminis-tration, amending Chapter 2, Article VII, Division 2, Section 2-702 of the Oklahoma City Municipal Code, 2002, increasing the number of Convention and Visitors Commission members to 17; amending and specifying the method of appointment of said members consistent with the Charter, as amended; and providing an effective date of January 1, 2005.

ADOPTED.  ORD. #22,566.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.  CITY MANAGER’S OFFICE.

RECESS COUNCIL MEETING.  11:34 a.m.

CONVENE OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY.  11:34 a.m.

Extra Item: Enter into executive session to discuss economic development incentives to locate Dell Inc. in Oklahoma City, as authorized by 25 O.S. (2001) §307(C)(10).

ENTERED INTO EXECUTIVE SESSION.  MOVED BY LIEBMANN, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.

ADJOURN OCPPA.  12:12 p.m.

RECONVENE COUNCIL MEETING.

     H. 1. Public hearing regarding dilapidated structures:

          a. 316 South Ross Avenue (house)  Ward 6

          b. 320 South Ross Avenue (house)  Ward 6

          c. 4500 Thompson Avenue (garage, house)  Ward 7

          d. 2825 SW 30th Street (fence, garage)  Ward 6

          e. 2444 SW 45th Street (fence, house)  Ward 4

          f. 1900 NE 50th Street (garage, shed)  Ward 7

          2. Resolution declaring the structures are dilapidated; directing said structures to be torn down, establishing dates of October 6, 2004 and November 5, 2004 for commencement and completion of removal by owners.

ADOPTED:  H. 1. a-f.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT:  FOSHEE AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

VIII. I. 1. Public hearing regarding unsecured structures:

          a. 5505 Bodine Drive (house)  Ward 4

          b. 3000 North Lindsay Avenue (house)  Ward 7

          c. 1425 East Park Place (house)  Ward 7

          d. 1512 North Stiles Avenue (house)  Ward 7

          e. 1006 NE 4th Street (house)  Ward 7

          f. 1010 NE 4th Street (house)  Ward 7

          g. 1012 NE 4th Street (garage, house)  Ward 7

          h. 2427 SE 11th Street (cellar, house)  Ward 7

          i. 2014 NE 12th Street (house)  Ward 7

          j. 307 NE 15th Street (house)  Ward 7

          k. 319 NE 15th Street (house)  Ward 7

          l. 2512 SE 45th Street (house)  Ward 4

          2. Resolution declaring the structures are unsecured.

ADOPTED AS AMENDED:  I. 1. a-g,l.  STRICKEN:  I. 1. h-k.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT:  FOSHEE AND LIEBMANN.  NEIGHBORHOOD SERVICES DEPARTMENT.

       J. Revocable permit for holding “Race for a Cure”, October 16, 2004, sponsored by The Central Oklahoma Affiliate of the Susan G. Komen Breast Cancer Foundation, Downtown.  Wards 6 and 7.

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

       K. Resolution approving a pay stipend in the amount of $905 for general employees who were excluded from coverage by the American Federation of State, County, and Municipal Employees contract between July 1, 2001 and December 31, 2001, and who are still employed in a non-represented general pay plan position on the 5th day of October, 2004.

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

VIII. L. 1. Resolution authorizing the Municipal Counselor to confess judgment without admitting liability in the case styled, Kandi Humphries-Wilson vs. The City of Oklahoma City, et al., United States District Court for the Western District of Oklahoma, Case No. CIV-03-1732-C; and directing the Municipal Counselor to prepare and file a Journal Entry incorporating said Resolution for the Court’s approval, pursuant to 51 O.S. §158.

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

       M. 1. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employee, Oklahoma City Police Officer Lieutenant Aven Bull in the United States District Court for the Western District of Oklahoma, Case No. CIV-04-19L, styled: The Estate of Lewis Avery Roberts, deceased and Mary Ellen Glasco 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:  M. 1.  NO ACTION TAKEN:  M. 2.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, AND JOHNSON.  ABSENT:  FOSHEE AND LIEBMANN.  MUNICIPAL COUNSELOR’S OFFICE.

       N. 1. Joint Resolution with the Oklahoma City Municipal Facilities Authority authorizing Robert E. Manchester and Susan Ann Knight to represent municipal employee, Oklahoma City Police Officer Matt Downing in the United States District Court for the Western District of Oklahoma, Case No. CIV-04-0872M, styled: Harold Richard Henager vs. Officer M. Downing and four unknown Police Officers.

          AND/OR

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

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

       O. Ordinance to be introduced and set for final hearing October 19, 2004, relating to the General Schedule of Fees and Municipal Court; amending Chapter 60 and 33 of the Oklahoma City Municipal Code, 2002, respectively, by amending Section 60-33-29 by increasing the AFIS fee amount; and by amending Section 33-63 by increasing fines which may be accepted by Court Administration.

INTRODUCED AND SET FOR FINAL HEARING OCTOBER 19, 2004.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.  MUNICIPAL COURTS.

     P. 1. Claims recommended for denial:

          a. James Chappell  $553

          b. Jonathan Kurtz  Unknown Amount

          c. Mala Nallan  $76.50

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

   IX. A. 1. Claims for Approval,

          a. Michael Smith  $111.53

          b. Joy Taylor  $39.97

          c. Kenneth D. Wood   $500

          AND/OR

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

APPROVED:  A. 1. a-c.  NO ACTION TAKEN:  A. 2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.  MUNICIPAL COUNSELOR’S OFFICE.

    X. Items from Council.

       A. Ordinance on final hearing, relating to Zoning, amending Chapter 59, Article VI, Section 59-6300.1 of the Oklahoma City Municipal Code, 2002, pertaining to qualified use and structure regulations by providing conditions for outside storage of materials in the I-3 Heavy Industrial and I-2 Moderate Industrial.

          Councilman Rinehart.

ADOPTED.  ORD. #22,568.  MOVED BY BOWMAN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.

       B. Ordinance to be introduced and set for final hearing October 26, 2004, relating to Zoning, amending Chapter 3, Article V, Division 1, Section 3-82 of the Oklahoma City Municipal Code, 2002, changing the definition of the terms “Display Surface Area” and “Sign”.

          Councilman Rinehart.

INTRODUCED AND SET FOR FINAL HEARING OCTOBER 26, 2004.  MOVED BY FOSHEE, SECONDED BY MARRS.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  FOSHEE.

       C. Ordinance to be introduced and set for final hearing October 26, 2004, relating to Zoning, amending Chapter 59, Article VI, Section 59-6300.2.G(4) of the Oklahoma City Municipal Code, 2002, pertaining to extensions into yard areas and providing for an exception for handicapped access ramps extending into the required front yard of a residential use.

          Councilman Foshee.

INTRODUCED AND SET FOR FINAL HEARING OCTOBER 26, 2004.  MOVED BY FOSHEE, SECONDED BY LIEBMANN.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK, JOHNSON AND LIEBMANN.

    X. D. Resolution approving travel for Mayor Mick Cornett, Councilwoman Ann Simank and Councilwoman Willa Johnson as members of the 10th Street Visioning Team, to visit Texas Medical Center, November 3-4, 2004, Houston, Texas.

          (Two-thirds affirmative vote required for approval.)

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

Mr. Marrs said he was very impressed with the first annual Head of the Oklahoma Centennial Regatta on Sunday and he thought it surpassed all expectations.

Mr. Bowman said he attended the first Soap Box Derby Construction Race in Deep Deuce.  He said he was invited to participate as a judge.  Mr. Bowman said this event is a winner for Oklahoma City.

Mr. McAtee said last Wednesday he viewed the movie “Ladder 49” in the new Harkins Theatre in Bricktown.  He encouraged all citizens to see this compelling movie about the sacrifices made by firefighters.

Mr. McAtee said there are 110 employees working at the new Harkins Theatre and free parking is offered for the movie theatre customers.  Mr. McAtee said the atmosphere was great in Bricktown with the recent opening of the Sonic as well as the new fountain.

Ms. Simank announced the next meeting for the Landlords Building Quality Neighborhoods is scheduled for Thursday, October 7, at 3:00 p.m.  The meeting will be held at the Community Action Agency at 1900 NW 10th Street.  She thanked Neighborhood Services for assisting the landlords with organizing and setting goals and objectives on how to be better landlords and increase property values.

Ms. Johnson thanked the other Councilmembers for their support in attending 7th Heaven events in her absence.  She said last week she participated as a Board Advisor on the Economic Development Committee for the National League of Cities in Tucson, Arizona.  Ms. Johnson said there is a proposal to limit Community Development Block Grant funds.  She encouraged staff and Councilmembers to contact their Congress people to voice concern about this proposal. 

Mr. Liebmann said he attended the Regatta on the River Sunday and he was very impressed with the attendance and the festivities.

    X.

Mr. Liebmann said the free parking offered to Harkins Theatres patrons is available near Bass Pro and is designated by signage.  In addition, they are offering childcare services and a wonderful snack bar.

   XI. City Manager Reports.

     A. Impact of billboard prohibition on local businesses in cities that have banned such signage

     B. Restoration of the Graffiti Removal Program

Mr. Couch said funding for the Graffiti Removal Program was eliminated in June 2003 as part of the 2003-04 budget reductions.  He said recent increases in graffiti on private property and increases in violent gang activity have prompted staff to recommend restoring the program.

Mr. Couch said various City Departments have identified resources in existing operating budgets and the capital budget, which will be used to reinstate the Graffiti Removal Program.  He said he appreciated the Departments chipping in to make this happen.

  XII. Citizens to be Heard.

Extra Item: Enter into executive session to discuss purchase or appraisal of real property, as authorized by 25 O.S. (2001) §307(B)(3).

ENTERED INTO EXECUTIVE SESSION.  MOVED BY LIEBMANN, SECONDED BY SIMANK.  AYES:  MAYOR CORNETT, MARRS, BOWMAN, MCATEE, SIMANK, JOHNSON AND LIEBMANN.  ABSENT:  RINEHART AND FOSHEE.

XIII. Adjournment.  12:11 p.m.

Mick Cornett,Mayor    

ATTEST:

Frances Kersey,City Clerk

James D. Couch,City Manager