(Minutes are unofficial until approved by Trustees at Board meeting of 3/16/04)

OKLAHOMA CITY WATER UTILITIES TRUST

 MEETING MINUTES

March 2, 2004

The agenda was posted on the Council Chamber Bulletin Board at 8:40 a.m., February 27, 2004


TRUSTEES PRESENT

Guy Liebmann, Chairman

Carl Edwards, Trustee

James D. Couch, Trustee

TRUSTEES ABSENT

Cody Graves, Vice Chairman

Willa Johnson, Surrogate Trustee

EMPLOYEES PRESENT

Marsha Slaughter, General Manager

Bret Weingart, Water & Wastewater Utilities

Craig Keith, Municipal Counselor’s Office

Frances Kersey, City Clerk’s Office

Patsy Atkinson, Water & Wastewater Utilities

James E. Thompson, City Manager’s Office

Jeanette Sheets, Water & Wastewater Utilities

Billy Little, Water & Wastewater Utilities

Susan McCormick, Water & Wastewater Utilities

Bob Buckingham, Water & Wastewater Utilities

Sabrina Wilson, Water & Wastewater Utilities

John Thomas, Risk Management

Lloyd Biggers, Risk Management

OTHERS PRESENT

Tim Johnson, Johnson & Associates, Inc.

Damon Durham, Johnson & Associates, Inc.

Paul Lefebvre, Williams, Box, Forshee & Bullard

Paul Jack, Public Financial Management

Robert B. Lewis, Oppenheim

Rowell Johnston, Citizen

Martha Ober, BancFirst

I.          Call to Order. 2:02 p.m.

            Chairman Guy Liebmann presided.

II.     Approve minutes of February 17, 2004 and February 24, 2004 Oklahoma City Water Utilities Trust meetings.

            APPROVED.  Moved by Edwards seconded by Couch. Ayes: Chairman Liebmann,  Edwards, and Couch.

III.       CONSENT DOCKET

A.     PLANS AND SPECIFICATIONS

1.    Approve Plans and Specifications, Water Project WC-0425, Water Main Replacement, SW 59th Street to Madole Avenue from Independence Avenue to Drexel Avenue; Smith Roberts Baldischwiler, LLC; and, authorize Secretary to advertise for bids to be received March 23, 2004.

APPROVED AND AUTHORIZED.  Moved by Edwards seconded by Couch. Ayes: Chairman Liebmann, Edwards, and Couch.

2. Approve Plans and Specifications, Water Project WT-0046, Phase I - Hefner Plant Improvements:  Recovery Pump Station Improvements, Hefner Water Treatment Plant, 4000 NW 108th Street; Chiang, Patel and Yerby, Inc.; and, authorize Secretary to advertise for bids to be received March 23, 2004.

                          APPROVED AND AUTHORIZED.  Moved by Edwards seconded by Couch.  Ayes: Chairman Liebmann, Edwards, and Couch.

B.    CONTRACT AND BONDS

1.         Approve Contract for Engineering Services, $235,800, Project ST-0096, Deer Creek Wastewater Treatment Plant Improvements, NW 206th Street and Portland Avenue; Project ST-0097, Chisholm Creek Wastewater Treatment Plant Improvements, 22000 North Western Avenue; and, Project ST-0098, South Canadian Wastewater Treatment Plant, 15924 South May Avenue; FHC, Inc. d.b.a. Tetra Tech FHC.

                          APPROVED.  Moved by Edwards seconded by Couch. Ayes: Chairman Liebmann, Edwards, and Couch.

III.       B.         2.   Adopt Resolution approving the Request for Proposals and directing the General Manager to solicit and receive proposals from pre-qualified developers in accordance with the Lake Stanley Draper Private Sector Solicitation Request for Qualifications: and, authorize Chairman to appoint a Technical Review Committee.  (WM-0082).

Bret Weingart, Assistant Water and Wastewater Utilities Director, gave an update on the  rezoning application submitted to the Planning Commission for the property north of Draper Lake.  The Planning Commission requested additional information including the Conceptual Developmental Plan received and approved by the City Council. The rezoning application will be reconsidered at the Planning Commission Meeting on March 25th.

ADOPTED.  Moved by Edwards seconded by Couch. Ayes: Chairman Liebmann, Edwards, and Couch.

C.        AMENDMENTS, CHANGE ORDERS AND ACCEPTANCE OF PROJECTS.

1.      Accept Project SC-0671, $102,382.20, emergency 24-inch point repair, south of Reno Avenue at the Intersection of SW 2nd Street and Compress Street; Amis Construction Company; and, place maintenance bond into effect.

ACCEPTED AND PLACED INTO EFFECT.  Moved by Edwards seconded by Couch. Ayes: Chairman Liebmann, Edwards, and Couch.

2.      Approve Amendment No. 1, -$1,576.39, Project SC-0672, adjusting final contract quantities to actual field requirements, Walker Avenue to Hudson Avenue between NW 19th Street and NW 20th Street; Accept project, $40,183.61, Krapff-Reynolds Construction Company; and, place maintenance bond into effect.

APPROVED, ACCEPTED AND PLACED INTO EFFECT.  Moved by Edwards seconded by Couch. Ayes: Chairman Liebmann, Edwards, and Couch.

3.   Approve Amendment No. 1, -$8,652.20, Project SC-0673, adjusting final contract quantities to actual field requirements, NW 150th Street and Western Avenue; Accept project, $65,677.80, Urban Contractors, Inc.; and, place maintenance bond into effect.

APPROVED, ACCEPTED AND PLACED INTO EFFECT.  Moved by Edwards seconded by Couch. Ayes: Chairman Liebmann, Edwards, and Couch.

III.       C.        4.    Approve Amendment No. 1, -$1,500, decreasing plan quantities to match quantities needed in the field, and Change Order No. 1, $24,918.83, adding new bid items, Project WC-0400, Water Main Relocation, Eastern Avenue from SE 59th Street to SE 44th Street, M & M Ditching, Inc.

APPROVED.  Moved by Edwards seconded by Couch. Ayes: Chairman Liebmann, Edwards, and Couch.

            5.   Approve Change Order No. 1, $8,004, Project WC-0402, Water Main Replacement, NW 23rd Street to Cashion Place between Lyon Boulevard and Portland Avenue, Amis Construction Company.

APPROVED.  Moved by Edwards seconded by Couch. Ayes: Chairman Liebmann, Edwards, and Couch.

6.      Approve Amendment No. 2, at a cost to OCWUT of -$47,133.10, and Amendment No. 3, Change Order No. 2, and Final Acceptance, for Project PC-0178/TC-0250/WC-0417; Intersection Channelization and Signalization Improvements, SW 89th Street and Western Avenue; Shell Construction Company, Inc.; and, place maintenance bond into effect.

APPROVED, ACCEPTED  AND PLACED INTO EFFECT.   Moved by Edwards seconded by Couch. Ayes: Chairman Liebmann, Edwards, and Couch.

IV.       Accept Permanent Easement, $10.00, Project WC-0355, Water Main Construction, Hardin Drive and Martin Luther King Boulevard; City of Oklahoma City, Claimant.

          ACCEPTED. Moved by Edwards seconded by Couch. Ayes: Chairman Liebmann,   Edwards, and Couch.

V.        Approve allocation of funds for FY 2004 equipment purchase, authorize General Manager to purchase applicable equipment from the state contracts and prepare specifications for the remaining equipment.

          APPROVED AND AUTHORIZED.  Moved by Edwards seconded by Couch. Ayes: Chairman Liebmann, Edwards, and Couch.

VI.       Approve Eighth Amendment to East Wharf Lease Agreement with East Wharf Development LLC and approve PUD 968 for the East Wharf Expansion Development, Lake Hefner Reservation, North of Britton Road and East of Lake Hefner Parkway. (Deferred from meeting of 2/24/2004).

Craig Keith, Municipal Counselor’s Office, distributed and read Councilman McAtee’s requested changes to the Louie’s on the Lake site Plan as follows:

1. The restaurant is to be moved eighteen (18) feet to the East.

2. The trail is to be moved ten (10) feet to the East.  This provides for a twenty (20) foot open space between the West side of the trail and the rip-rap instead of ten (10) feet as originally proposed.

3. A portion of the proposed trail at the Louie’s on the Lake site is to be widened from eighteen (18) feet to twenty-six (26) feet.

4. The relocation of the restaurant necessitates a change in the number of parking spaces.  As originally planned, eighty-one (81) parking spaces will be constructed initially.  Only forty-one (41) additional spaces will be available for a future expansion of the parking lot rather than the originally proposed fifty-one (51) additional spaces.        

Trustee Couch questioned Councilman’s request number three to widen a portion of the proposed trail to 26 feet. Trustee Couch expressed his concern the width of 26 feet is a wide area compared to the other trails. Mr. Couch recommended that it should be up to 26 feet instead of to 26 feet.

Paul Lefebvre, Williams, Box, Forshee & Bullard, representing the applicant, addressed the Trust.  Mr. Lefebvre responded to two things spoken by the Trustees.  Mr. Lefebvre states the original proposal, which has been approved by the Planning Commission, is what has been presented to OCWUT and will be for the Council on March 9th.  Mr. Lefebvre requested if possible, would be approval in the alternative that if the Council so decides when they hear this, to incorporate any or all of these changes into their final approval that it would be subject of review of the actual site plan et cetera by the Water Trust that his applicant would have a corresponding approval from the Trust.  Mr. Lefebvre stated in regards specifically to the widening of the trail, this is simply a concern regarding congestion at the southwest corner of the restaurant where the bicycle rental facility will be established.  The developer still stands by the original plan feeling like there is sufficient site distance that has been properly engineered but upon Councilman McAtee’s strong request the developer is putting together an alternative set of plans to present to the Council for discussion.

Mr. Rowell Johnston addressed the Trust about the trail by the proposed restaurant and the effects of the new development in the lake area.  Mr. Johnston’s areas of concern include the congestion, safety issues, proposed bike rentals, the sewer system and necessity of a new lift station being built in the area, the modifications of the previous developments and  parking in the area.

          Craig Keith, Municipal Counselor’s Office, restated the motion made by Trustee Couch.

APPROVED AS AMENDED. (AMENDMENT: 1) RESTAURANT WILL BE MOVED 18 FEET TO THE EAST; 2) TRAIL TO BE MOVED 10 FEET TO THE EAST [THIS PROVIDES FOR A 20 FOOT OPEN SPACE BETWEEN THE WEST SIDE OF THE TRAIL AND THE RIP-RAP INSTEAD OF 10 FEET AS ORIGINALLY PROPOSED]; 3)PORTION OF THE PROPOSED TRAIL AT LOUIE’S ON THE LAKE SITE IS TO BE WIDENED FROM 18 FEET TO NOT TO EXCEED 26 FEET, AND 4) RELOCATION OF THE RESTAURANT NECESSITATES A CHANGE IN THE NUMBER OF PARKING SPACES. [EIGHTY-ONE PARKING SPACES WILL BE CONSTRUCTED INITIALLY.  ONLY 41 ADDITIONAL SPACES WILL BE AVAILABLE FOR FUTURE EXPANSION OF THE PARKING LOT RATHER THAN THE ORIGINALLY PROPOSED 51 ADDITIONAL SPACES] AND SUBJECT TO CITY COUNCIL RECOMMENDATIONS.  Moved by Couch, seconded by Edwards. Ayes: Chairman Liebmann,  Edwards, and Couch.

VII.      Approve the Request for Proposals for Revenue Bond Underwriter Services, authorize Secretary to advertise, and authorize Chairman to appoint a Consultant Review Committee authorized to evaluate proposals, conduct interviews, and make recommendations to the Trustees.

          APPROVED AND AUTHORIZED.  Moved by Edwards seconded by Couch. Ayes: Chairman Liebmann, Edwards, and Couch.

VIII.     Adopt Resolution recognizing employees of the Water and Wastewater Utilities Department for their efforts in reducing accidents and injuries.

Bob Buckingham, Water and Wastewater Utilities, and Lloyd Biggers, Risk Management Department, accepted the resolution from the Trust.

          ADOPTED.  Moved by Couch seconded by Edwards. Ayes: Chairman Liebmann, Edwards, and Couch.

IX.       New Business.

            None

X.        Comments from Trustees, Staff and Citizens.

            None

XI.       Adjournment.

            CHAIR ADJOURNED, 2:40 p.m.

   ATTEST:

    Frances Kersey, Secretary                                      Guy Liebmann, Chairman