1. Miami City Council February 18, 2014

2. Public Input and Unscheduled Personal Appearances Mayor Schultz February 18, 2014

3. CONSENT AGENDA By unanimous consent the public body may designate noncontroversial items to be considered in one motion and one vote. The public body may add items from the regular agenda and approve. Posted agenda items not added to the consent docket will be considered separately in their regular order. Staff recommends that Item 4 through Item 15 be placed on the consent agenda. Click if approved as presented February 18, 2014

4. “I move to approve annual employment contracts per contract language (Jeff Bishop, David Anderson, Krista Duhon, George Haralson.” February 18, 2014

5. “I move to ratify Paramount Pictures Confidential Credit Application.” February 18, 2014

6. “I move to ratify all previous actions and decisions by the Miami Special Utility Authority.” February 18, 2014

7. “I move to approve claims: $525,231.91.” February 18, 2014

8. “I move to approve minutes: February 04, 2014.” February 18, 2014

9. “I move to approve budget amendments: #14-29 GF - Library (Receipting & expending State Aid Funds from the State of OK) #14-30 GF - Fire (Receipting & expending Insurance Funds from Travelers)

10. Approve Proclamation Designating February 23 - March 1, 2014 Oklahoma Emergency Management Week in the City of Miami Glenda Longan, Emergency Management February 18, 2014

11. Proclamation Designating February 23 - March 1, 2014 Oklahoma Emergency Management Week in the City of Miami. Action Requested of Council Approve Proclamation Designating February 23 - March 1, 2014 Oklahoma Emergency Management Week in the City of Miami

12. The State of Oklahoma has set the week of February 23 through March 1, 2014 as Oklahoma Emergency Management Week. In recent years the City of Miami has experienced all types of hazard events and this week has been set aside to help make citizens aware of emergency management activities. Background Approve Proclamation Designating February 23 - March 1, 2014 Oklahoma Emergency Management Week in the City of Miami

13. Oklahoma Emergency Managers from all over the state will take part in Emergency Management Day at the State Capitol on February 26, 2014. Background, Cont. Approve Proclamation Designating February 23 - March 1, 2014 Oklahoma Emergency Management Week in the City of Miami

14. “I move to approve the Proclamation Designating February 23 -March 1, 2014 Oklahoma Emergency Management Week in the City of Miami.” Motion Approve Proclamation Designating February 23 - March 1, 2014 Oklahoma Emergency Management Week in the City of Miami

15. “I move to approve the proclamation regarding Oklahoma Native American Students in Higher Education.” February 18, 2014

16. Approve Amended Lease Agreement with Tree of Life David Anderson February 18, 2014

17. Tree of Life Church Ministries, Inc. (GAP) mailed a letter to the City stating “We decided this past January that it is cost prohibitive for us to continue with repair/remodel of this facility. Therefore, we are searching for a suitable location to purchase and remodel or property to build a facility suitable for our unique functions… Background Approve Amended Lease Agreement with Tree of Life

18. We would request an extension of this year’s Lease, on a monthly basis, until we are able to relocate. We will continue to maintain building mechanically & w/insurance coverage.” Background, Cont. Approve Amended Lease Agreement with Tree of Life

19. “I move to approve the amended lease agreement with Tree of Life.” Motion Approve Amended Lease Agreement with Tree of Life

20. Resolution to Waive $200.00 Deposit and $390.00 Rental Fees of the Civic Center Banquet Room for the Miami Public School Enrichment Foundation Fundraiser for the Public Purpose of Helping With Scholarships and Teacher Continuing Education Becky Acupan February 18, 2014

21. Waive $200.00 Deposit and $390.00 Rental Fees of the Civic Center Banquet Room for the Miami Public School Enrichment Foundation Fundraiser for the Public Purpose of helping with scholarships and teacher continuing education. Action Requested of Council Resolution to Waive $200.00 Deposit and $390.00 Rental Fees of the Civic Center Banquet Room for the Miami Public School Enrichment Foundation Fundraiser for the Public Purpose of Helping With Scholarships and Teacher Continuing Education

22. A request was received from Becky Acupan, on behalf of Miami Public School Enrichment Foundation to waive $390.00 in rental fees and $200.00 in deposits for the Fundraiser to be held in the Civic Center Banquet Room March 29, 2014. Total amount requesting to be waived is $590.00 Background Resolution to Waive $200.00 Deposit and $390.00 Rental Fees of the Civic Center Banquet Room for the Miami Public School Enrichment Foundation Fundraiser for the Public Purpose of Helping With Scholarships and Teacher Continuing Education

23. “I move to approve a resolution waiving the rental fees and deposit in the amount of $590.00 for the fundraiser to be held in the banquet room of the Miami Civic Center on March 29, 2014.” Motion Resolution to Waive $200.00 Deposit and $390.00 Rental Fees of the Civic Center Banquet Room for the Miami Public School Enrichment Foundation Fundraiser for the Public Purpose of Helping With Scholarships and Teacher Continuing Education

24. Acknowledgment by Council and Execute Engagement Letter from the Law Firm of Whiteford Taylor & Preston David Anderson – City Attorney February 18, 2014

25. Council to authorize mayor’s signature on letter of engagement. Action Requested of Council Acknowledgment by Council and Execute Engagement Letter from the Law Firm of Whiteford Taylor & Preston

26. At the December 17, 2013, meeting, council authorized City Attorney David Anderson to hire outside counsel to represent the City of Miami in the Blitz v Miami Public Utilities (Case No.13-53465) currently before the Federal Bankruptcy Court in the State of Delaware. Counsel has selected the law firm of Whiteford Taylor & Preston to represent the interests of Miami Public Utilities, a named party in the adversary proceeding filed within Blitz bankruptcy ( Case No. 11-13603PJW). On Feb. 14 th, Whiteford Taylor & Preston submitted the engagement letter now before you for review and signature. Background Acknowledgment by Council and Execute Engagement Letter from the Law Firm of Whiteford Taylor & Preston

27. “I move to Acknowledgment by Council and Execute Engagement Letter from the Law Firm of Whiteford Taylor & Preston to represent the city’s interest in Blitz v Miami Public Utilities matter in the State of Delaware.” Motion Acknowledgment by Council and Execute Engagement Letter from the Law Firm of Whiteford Taylor & Preston

28. Sign Letter to ODOT Regarding the Central Avenue Bridge Project # STP-158 B (182) UR for Acceptance of Traffic Rail Textured Surface and Also the Ornamental Fencing February 18, 2014 Tyler Cline / Chuck Childs

29. Sign letter to ODOT regarding the Central Avenue Bridge Project # STP-158 B (182)UR for acceptance of Traffic Rail Textured Surface and also the Ornamental Fencing Action Requested of Council Sign Letter to ODOT Regarding the Central Avenue Bridge Project # STP-158 B (182) UR for Acceptance of Traffic Rail Textured Surface and Also the Ornamental Fencing

30. The construction plans for the Central Avenue Bridge call for approval from the MSUA on the Traffic Rail Textured Surface and for the Ornamental Fencing This is required from the MSUA as part of the project closeout. Background Sign Letter to ODOT Regarding the Central Avenue Bridge Project # STP-158 B (182) UR for Acceptance of Traffic Rail Textured Surface and Also the Ornamental Fencing

31. Background, Cont. Sign Letter to ODOT Regarding the Central Avenue Bridge Project # STP-158 B (182) UR for Acceptance of Traffic Rail Textured Surface and Also the Ornamental Fencing

32. “I move to sign letter to ODOT regarding the Central Avenue Bridge Project # STP-158 B (182)UR for acceptance of Traffic Rail Textured Surface and also the Ornamental Fencing.” Motion Sign Letter to ODOT Regarding the Central Avenue Bridge Project # STP-158 B (182) UR for Acceptance of Traffic Rail Textured Surface and Also the Ornamental Fencing

33. ODOT Request to Sign Letter Regarding Nat’l Highway System Roads Newly Designated in Miami February 18, 2014 Jeff Bishop

34. Motion to approve removal of functional classified streets in Miami from the National Highway System. Action Requested of Council ODOT Request to Sign Letter Regarding Nat’l Highway System Roads Newly Designated in Miami

35. When the last federal highway bill was approved by congress it automatically moved all functionally classified roads into the national highway system The result is all improvements on those roads will become subject to the National Environmental Policy Act Background ODOT Request to Sign Letter Regarding Nat’l Highway System Roads Newly Designated in Miami

36. These roads would then also be subject to highway construction standards. This would include federal regulations on signage and billboards. ODOT reports that the two MPO’s (Oklahoma City and Tulsa) are also opting out. Background, Cont. ODOT Request to Sign Letter Regarding Nat’l Highway System Roads Newly Designated in Miami

37. Staff has not had time to confirm with the MPO’s that they are indeed opting out. ODOT states that unless all of the cities opt out the State will lose transportation funding. Background, Cont. ODOT Request to Sign Letter Regarding Nat’l Highway System Roads Newly Designated in Miami

38. “I move to authorize the removal of functionally classified roads in Miami from the National Highway System, upon confirmation from staff that the two state MPO’s are also opting out.” Motion ODOT Request to Sign Letter Regarding Nat’l Highway System Roads Newly Designated in Miami

39. Presentation by Miami Code Enforcement Department George Haralson – Police Chief February 18, 2014

40. “I Move to approve Mayor’s nomination of Dustin Olds to serve as the Tribal Representative on the Miami Flood Mitigation Advisory Board (Expires 10/15/15).”

41. Other New Business, if Any, Which Has Arisen Since the Posting of the Agenda and Could Not Have Been Anticipated Prior to the Time of Posting (25 O.S. § 311(9)) Miami City Council February 18, 2014

42. Staff Reports (Written report included in packet if available, staff is present for questions.) Miami City Council February 18, 2014

43. Mayor and Council Community Announcements Miami City Council February 18, 2014

44. Miami City Council Executive Session pursuant 25 O.S. 307(B)(4) for confidential communications with the City Attorney concerning a pending investigation, claim, or action, to- wit: Jerry Dean Payne, Jr. v Jeremy Myers et al 14 CV-039 GKF-TLW and to-wit: State v Dean Payne Ottawa County Case No. CM-2013-605. The City Attorney advises the City Council that public disclosure of confidential attorney-client communications in this matter would seriously impair the ability of the City Council to conduct the litigation in the public interest; pursuant to 25 O.S. 307(B)(1) for Purposes of Discussing the Employment, Hiring, Appointment, Promotion, Demotion, Disciplining or Resignation of any Individual Salaried Public Officer or Employee, to wit: Jeff Bishop, David Anderson, George Haralson, and Krista Duhon; and pursuant to 25 O.S. 307(B)(2) for Discussing Negotiations Concerning Employees and Representatives of Employee Groups, to wit: International Association of Fire Fighters (IAFF) and Fraternal Order of Police (FOP). The Oklahoma Open Meeting Act prohibits public bodies from going into executive session unless authorized by a majority vote of a quorum of the members present and the vote is a recorded vote [see 25 O.S. Section 307(E)]. No vote may be cast in an Executive Session [see 25 O.S. Section 305]. February 18, 2014

45. “I move the Council to enter executive session to discuss the investigation of the allegations in the Jerry Payne federal complaint and possible responses thereto based upon our attorney’s advice that public disclosure would seriously impair our ability to process the matter in the public interest; to discuss pending IAFF and FOP negotiations; and to discuss employment contracts with City Manager Jeff Bishop, City Attorney David Anderson, Police Chief George Haralson, and Paralegal Krista Duhon.

46. CITY COUNCIL IS IN EXECUTIVE SESSION February 18, 2014

47. Approve Tentative Agreement with IAFF Kim Horn – HR Director February 18, 2014

48. Future Agenda Planning Miami City Council February 18, 2014