Tuesday, June 14, 2011

The City of Nichols Hills
Minutes of the City Council Meeting
June 14, 2011

Original Agenda Filed in the Office of the Municipal Clerk at   4   PM on the  10th   day of June, 2011. 


Sody Clements, Mayor                David Poole, City Manager
Peter Hoffman, Vice-Mayor          John Michael Williams, City Attorney
Steven Goetzinger, Councilman   Kristi Hort, City Clerk, Fin Director


1. Call to Order.

Mayor Clements called the meeting to order at 5:30 p.m.; then led the flag salute.    Mayor Clements then recognized Mr. Jake Rainbolt, who is attending this meeting while working toward his merit badge for Boy Scouts.
 

2. Roll Call.

Acknowledgment was made by Mayor Clements that she along with Vice-Mayor Hoffman were present, Councilmember Goetzinger was absent.

3. Consent Calendar:

a. Police Department Report for May, 2011
b. Municipal Court Report for May, 2011
c. Fire Department Report for May, 2011
d. Public Works Department Report for May, 2011
e. Risk Management Report for May, 2011
f. New Residents List for May, 2011
g. Finance Director’s Report for April, 2011
h. City Treasurer’s Report for May, 2011
i. Information Systems Manager’s Report for May, 2011
j. City Manager’s Report for May, 2011
k. City Engineer’s Report
l. ACOG Sales Tax Report

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None    


4. Minutes:    Meeting – May 10, 2011 4:00 p.m.
          Meeting – May 10, 2011 5:30 p.m.
          Meeting – May 12, 2011 4:00 p.m.

          
 
   
APPROVED: Moved by Hoffman, seconded by Clements.  AYES: Clements, Hoffman. NAYS: None    

 

5. Total Warrants and Claims: $ 429,589.04
a) General Fund  90,201.68
b) Street & Alley Fund  4,231.50
c) Designated Funds …………………………………………. 202.82
d) Nichols Hills Municipal Authority  88,385.50
e) General Fund Capital Improvement  1,377.65
f) 9 1 1 Association  24.15
g) General Obligation Bond Issues  245,165.74

APPROVED: Moved by Hoffman, seconded by Clements.  AYES: Clements, Hoffman, Goetzinger  


6. Citizens desiring to be heard:  No citizen expressed a desire to be heard at this time.

Mayor Clements recognized that representatives from Dillingham Insurance Company, Enid Oklahoma are present to answer questions regarding Agenda Item #24.  Therefore, at this time in the meeting, agenda item #24 was moved forward.  See that item for action taken.


7. Discussion, Consideration and Possible Action to approve Amendment No 2 in the amount of $10,809 for PC-0801 & WC-1002 to Atlas Paving Company. This amendment increases the original contract amount to $1,230,346.12. To be paid out of 2008 and 2009 GO Bonds and other funds.

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None    


8. Discussion, Consideration and Possible Action Pay Estimate No. 6  on 2008-2009 Paving, Drainage and Water Improvements to Atlas Paving Co. for the Coventry Lane and Guilford Lane Project in the amount of $125,417.35. To be paid out of 2008 and 2009 GO Bonds and other funds.

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None    


9. Discussion Consideration and Possible Action to approve Pay Estimate No. 6 on 2009 Water Improvements Booster House Piping, Equipment and Controls Project No. WC-1001 in the amount of $ 59,329.25 to Urban Contractors. To be paid out of 2008 and 2009 GO Bonds and other funds.

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None
 
10. Discussion, Consideration and Possible Action to approve Pay Estimate No. 4 on 2010 Emergency Pavement Repairs amount of $ 4,754.55 to Nash Construction. To be paid out of 2008 and 2009 GO Bonds and other funds.

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None


11. Discussion, Consideration and Possible Action to award Project FC-1101 – 2011 Ground Storage Tank Painting to Blastco Texas, Inc. for a Base Bid of $94,000 plus Alternate No. 1 of $8,000 for a total of $102,000.00.

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None


12. Discussion, Consideration and Possible Action to award Project PC-0901 & WC-1003  for 2008-2009 G O Bond Paving Drainage and Water Improvements on Dorchester Place / Camden Way to Atlas Paving for a total bid of $1,250,807.79.

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None


13. PUBLIC HEARING:  Discussion, Consideration and Possible action to recommend an ordinance amending Chapter 25 of the Nichols Hills Code regarding the regulations in the “R-1-60” and “R-1-75” single family residential districts; repealing all ordinances or parts of ordinances in conflict; providing for severability; and declaring an emergency.

Mayor Clements opened the public hearing.  No citizens requested to speak to this issue.  City Manager David Poole updated council on the approval recommendation from Planning Commission for this Ordinance.

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None


a. Consider, Discuss and approve or disapprove an emergency section for the foregoing ordinance.

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None


14. Discussion, Consideration and Possible Action concerning request from Diane Timmerman concerning Heaven House. 

Ms. Diane Timmerman addressed council explaining the plans for Heaven House.  Following this discussion, NO ACTION WAS TAKEN.


15. Discussion, Consideration and Possible Action of request from Kappa Alpha Theta Flaming Festival to install 20 banners in the City of Nichols Hills. The request to display banners between approximately October 20, 2011 and November 4, 2011.  The festival will be held on November 3, 2011.

 

Ms. Millie Hightower commented to council the festival is scheduled for November 2, 2011 rather than the 3rd.  APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None

 

16. Discussion, Consideration and Possible Action to approve an Ordinance amending the employee retirement system, Defined Benefit Plan for the City of Nichols Hills and Nichols Hills Public Works Authority, Oklahoma; providing retirement benefits for eligible employees of the City of Nichols Hills and Nichols Hills Public Works Authority, Oklahoma; pertaining to cost-of-living option; providing for repealer and severability; and declaring an emergency.

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None

a. Consider, Discuss and approve or disapprove an emergency section for the foregoing ordinance.

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None

 

17. Public Hearing – Discussion, Consideration, and Possible Action on Resolution No. _____ approving and adopting proposed budgets for Fiscal Year 2011 – 2012 for Fund, Nichols Hills Municipal Authority, Street & Alley Fund, Capital Improvement Fund (General), Capital Improvement Fund (NHMA), 911 Fund, Designated Accounts Fund,  and the Sinking Fund.

Mayor Clements opened the public hearing.  Ms. Beverly Perri inquired about the new garbage type revenues in General Fund.  City Manager David Poole responded this is separated in an effort to associate the revenue and expenditures for commercial garbage and recycling cost. He stated, we were able to determine the cost associated with recycling previously was free to the City of Nichols Hills.  Continuing he advised we were able to determine approximately a $40,000 lost to the city, resulting in the increased recycling fee.


APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None

a. Consider and approve emergency clause for foregoing Resolution.

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None

 

18. Discussion, Consideration and Possible Action on 2011-2012 Workers’ Compensation Plan Renewal for July 1, 2011 to June 30, 2012.  Risk Manager Lindy Stormont recommends approval of the renewal and the escrow credit of $ 60,212.27 to be applied to next year’s premium.

 

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None

 

19. Discussion, Consideration and Possible Action regarding board appointments.

a. Ward One and At Large:
i. Planning Commission (Ward One currently held by Michael Bickford)
ii. Park Commissioners (Ward One currently held by Tricia Everest)
iii. Environmental, Health & Sustainability Commission (Ward One currently held by Amy Loper)
iv. Board of Adjustments (At Large currently held by Michael Mahaffey)
v. Park Commissioners (At Large currently held by Laura Dale Keffer)
vi. Environmental, Health & Sustainability Commission (At Large currently held by Kathy Brewer)

b. Ward Two:
i. Board of Adjustments (Ward Two currently held by Robert Slater)
ii. Planning Commission (Ward Two currently held by Clay Farha)
iii. Park Commissioners (Ward One currently held by Lisa Pierce)

c. Ward Three:
i. Board of Adjustments (Ward Three currently held by John Covington)
ii. Environmental, Health & Sustainability Commission (Ward Three currently held by Mary Ellen Ternes)
iii. Park Commissioners (Ward Three currently vacant)

Per recommendation of City Attorney John Michael Williams, the appointments should be addressed in groups by the boards or commissions due to legal requirements.

PLANNING COMMISSION:

Agenda Item 19 (a)(i):  Council Member Hoffman MOVED to approve the recommendation for Mr. Michael Bickford, Ward 1 to the Planning Commission, for the three year term expiring at the regular council meeting in June 2014, or until his/her successor takes office.  SECONDED by Clements. AYES: Clements, Hoffman. NAYS: None

Agenda Item 19 (b)(ii):  Council Member Hoffman MOVED to approve the recommendation for Ms. Barbara Gilbert, Ward 2 to the Planning Commission, for the three year term expiring at the regular council meeting in June 2014, or until his/her successor takes office. SECONDED by Clements. AYES: Clements, Hoffman. NAYS: None

BOARD OF PARK COMMISSIONERS:

Agenda Item 19 (a)(ii):  Council Member Hoffman MOVED to approve the recommendation for Ms. Tricia Everest, Ward 1 to the Board of Park Commissioners, for the three year term expiring at the regular council meeting in June 2014, or until his/her successor takes office. SECONDED by Clements. AYES: Clements, Hoffman. NAYS: None

Agenda Item 19 (b)(iii):  Council Member Hoffman MOVED to approve the recommendation for Ms. Lisa Pierce, Ward 2 to the Board of Park Commissioners, for the three year term expiring at the regular council meeting in June 2014, or until his/her successor takes office. SECONDED by Clements. AYES: Clements, Hoffman. NAYS: None

Agenda Item 19 (a)(v):  Council Member Hoffman MOVED to approve the recommendation for Ms. Vickie English, as an At Large Member of the Board of Park Commissioners, for the three year term expiring at the regular council meeting in June 2014, or until his/her successor takes office.  SECONDED by Clements. AYES: Clements, Hoffman. NAYS: None

BOARD OF ADJUSTMENT:

Agenda Item 19 (a)(iv):  Council Member Hoffman MOVED to approve the recommendation for Ms. Julie Hall, as an At Large Member of the Board of Adjustment, for the three year term expiring at the regular council meeting in June 2014, or until his/her successor takes office.  SECONDED by Clements. AYES: Clements, Hoffman. NAYS: None


Agenda Item 19 (b)(i):  Council Member Hoffman MOVED to approve the recommendation for Mr. Robert Slater, Ward 2 to the Board of Adjustment, for the three year term expiring at the regular council meeting in June 2014, or until his/her successor takes office. SECONDED by Clements. AYES: Clements, Hoffman. NAYS: None


No Action taken on the following agenda items:
• 19 (a)(iii)
• 19 (a)(vi)
• 19 (c)(i)
• 19 (c)(ii)
• 19 (c)(iii)


20. Discussion, Consideration and Possible Action to approve Resolution of the City Council of the City of Nichols Hills establishing the Nine-One-One Emergency Telephone Rate for Calendar Year 2012.


APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None


21. Discussion, Consideration and Possible Action  of request from Public Works Director Charles Hooper to declare the following list as surplus and sold and/or disposed of in a lawful manner.

• Steel well pipe from well rehabilitations be listed as surplus.  There are 58 Sections (21’ lengths) of 5” steel pipe and 23 sections (21’ lengths) of 3” steel pipe.
• Franklin Electric well pump and motor (S/N02C19140016)
• Franklin Electric well pump and motor (S/N02E19-23.0128)
• Franklin Electric well pump and motor (S/N04M19.07.06)
• Franklin Electric well pump and motor (S/N00C19.16.0056)
• Crown Pump and Motor
• Pump and Motor (thirty stage)
• 300 gallon fuel tank w/ stand
• 1- Clow fire hydrant
• 1-1996 Mueller fire hydrant
• 7-American Darling fire hydrants
• 3 street grates
• Challenger Electric Safety Switch
• Cutler Hammer 200 amp. Safety Switch
• General Electric Control Panel  (CR341E014D)
• General Electric Heavy Duty Breaker Panel 30 amp.
• Jefferson Electric Junction box (211-101)
• General Electric Circuit box (193342)
• Mueller pipe tapping tool kit
• Electric Motor (booster house) 75 H.P. Viking
• (1) 4” iron, flanged 90 with 4” Megalug and 26 inches approx. 4” iron pipe
• (2) 4” iron swing check valves
• (1) 3” iron swing check valve
• (1) 3” iron flange x flange ‘T’ with 3” iron pipe thread outlet side and a Ύ tap with flow valve
• 60’ of #2 copper wiring (three wire with ground)


22. Discussion, Consideration and Possible Action regarding ACOG Trail Grant.

Mr. Peter Hoffman provided an update of this grant which will be 100% with no matching funds.

23. Discussion, Consideration and Possible Action regarding Budget adjustments for FY 2011-2012.

APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None

24. Discussion, Consideration and Possible Action to renew general liability, automobile, property, inland marine, law enforcement, employment practices, public entity management liability, commercial crime, excess errors and omissions liability, umbrella liability, and terrorism insurance policies with Travelers Insurance for the 2011-2012 policy term for $180,279 (8.81% increase over previous year).  Risk Manager Lindy Stormont recommends approval.

APPROVED: Moved by Hoffman with acknowledgement that coverage is for the 2011 – 2012 fiscal year, seconded by Clements. AYES: Clements, Hoffman. NAYS: None


25. Adjournment.


APPROVED: Moved by Hoffman, seconded by Clements. AYES: Clements, Hoffman. NAYS: None


Sody Clements
__________________________     
Sody Clements, Mayor


Kristi Hort                            David Poole
____________________   _________________________
Kristi Hort, City Clerk           David Poole, City Manager

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