Tuesday, October 11, 2011

The City of Nichols Hills

Minutes of the City Council Meeting

October 11, 2011

 

Original Agenda Filed in the Office of the Municipal Clerk at  4   PM on the  7th   day of October, 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.   

 

 

 

2.      Roll Call.

 

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

 

3.      Consent Calendar:

 

a)      Police Department Report for September, 2011

b)      Municipal Court Report for September, 2011

c)      Fire Department Report for September, 2011

a.      Approval of Keith Bryan’s retirement.

d)      Public Works Department Report for September, 2011

e)      Risk Management Report for September, 2011

f)        New Residents List for September, 20112

g)      Finance Director’s Report for September, 2011

h)      City Treasurer’s Report for September, 2011

i)        Information Systems Manager’s Report for September, 2011

j)        City Manager’s Report for September, 2011

k)      City Engineer’s Report

l)        ACOG Sales Tax Report

 

 

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

 

 

4.      Minutes:           Meeting – September 13, 2011

                        Special Meeting – September 14, 2011

         

                            

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

 

 

 

5.      Total Warrants and Claims: .......................................... $356,779.45

a)      General Fund.............................................................. 101,222.53

b)      Street & Alley Fund............................................................ 530.50

c)      Designated Funds.......................................................... 1,506.85

d)      Nichols Hills Municipal Authority................................... 86,019.28

e)      9-1-1.................................................................................... 43.21

f)        General Obligation Bond Issues................................ 167,457.08

 

 

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

 

 

6.      Citizens desiring to be heard:

 

7.      PUBLIC HEARING: Consider and approve or disapprove the application seeking a special permit application, submitted by T-Mobile Central LLC (“T-Mobile) for the tower located at 6706 N Pennsylvania Avenue, Nichols Hills, Oklahoma.  T-Mobile currently has 6 antennas mounted on a steel monopole tower on City property.  This monopole is also mounted with a tornado siren.  T-Mobile seeks a special use permit to upgrade the wireless communication service from 2G to 3G technology.  The changes will also improve the appearance of the tower.

 

As Mayor Clements began to open the public hearing, Mr. Steven J. Goetzinger advised that he must recuse himself from this agenda item.  After asking City Attorney John Michael Williams if should leave the meeting during this agenda item, Mr. Goetzinger left the meeting.

 

Public hearing was opened.

 

City Manager David Poole advised city council that with five planning commission present at the October 4, 2011 meeting one member recused them self and the item was approved with a vote of 4-0.

 

Mr. Tom Ladner, Attorney for T-Mobile spoke on their behalf.  He provided pictures of the current equipment toward the top the monopole and a sample picture of the replacement equipment. He advised the replacement equipment will reduce the number of antennas and be flush mounted. The discussion included the continuation of the City of Nichols Hills storm siren atop the pole.

 

Mr. Tom Adler, Attorney for Ms. Delores Brown addressed council with her concerns and some historical information.  Mr. Greg Brown, also spoke against the upgrade on Ms. Brown’s behalf.  Stating there are too many unknowns in reference to health concerns.

 

Ms. Brown, 6622 Hillcrest, spoke to the commission.  She provided her historical recollection of the events of this tower including her opposition of this tower.

 

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

 

8.      Discussion, Consideration and Possible Action to approve Pay Estimate No 9 (Final), for Project No.  PC-0801 & WC-1002 for the Coventry Lane and Guilford Lane project in the amount of $33,939.94, to Atlas Paving Company.  To be paid out of the 2008 and 2009 GO Bonds and other funds.

 

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

 

9.      Discussion, Consideration and Possible Action to approve Pay Estimate No. 1 for Project No. PC-0901 & WC-1003 for Dorchester Place & Camden Way project in the amount of $ 101,624.51, to Atlas Paving Co.  To be paid out of the 2008 and 2009 GO Bonds and other funds.

 

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

 

10.  Discussion, Consideration and Possible Action to award bid to the lowest and best bidder for the Ground Storage Tank Painting project.

 

APPROVED: Moved to award bid to Blastco Texas, Inc. for $149,000 by Hoffman, seconded by Goetzinger.    AYES: Clements, Hoffman, Goetzinger. NAYS: None

 

 

11.  Discussion, Consideration and Possible Action to authorize Allied Arts to install banners in banner locations within the City of Nichols Hills between February 1, 2012 and February 15, 2012.

 

APPROVED: subject to coordination with City of Nichols Hills Public Works department and their approval of process was moved by Goetzinger, seconded by Hoffman.    AYES: Clements, Hoffman, Goetzinger. NAYS: None

 

12.  Discussion, Consideration and Possible Action to authorize NHParks, Inc. to enter into a contract with The Christmas Light Company Inc. to install Christmas lights in all banner locations.

 

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

 

13.  Discussion, Consideration and Possible Action to regarding the 2008-2009 Workers’ Compensation refund of $34,310.39, and consider placing it in an Escrow Account with OMAG.

 

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

 

14.  Discussion, Consideration and Possible Action to regarding the Supplemental Workers’ Compensation refund of $39,065.06, and consider placing it in an Escrow Account with OMAG.

 

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

 

15.  Discussion, Consideration and Possible Action approving the Memorandum of Understanding between the City of Nichols Hills and 9-11 Association of Central Oklahoma Governments.

 

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

 

16.  Discussion, Consideration and Possible Action regarding entering into an agreement for administration of Sales and Use Tax with the Oklahoma Tax Commission.

 

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

 

17.  Discussion, Discuss and Authorize City manager and City Attorney to negotiate and prepare contract with Peoples Church and bring to City Council for approval.

 

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

 

18.  Discussion, Consideration and Possible Action to allow Fire Department to purchase furniture and refrigerator for the station.  This is a budgeted capital improvement item.

 

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

 

19.  Consider and Discuss land use decisions of Nichols Hills Boards and Commissions with possible action as desired by Council.

 

Following discussion among city council and City attorney, Vice-Mayor requested a special meeting be scheduled.

 

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

 

a.      Ward Three:

                    i.  Planning Commission (Ward Three vacated by Jeff James resignation)

 

I,  Steven J. Goetzinger, Ward 3 Council member, hereby MOVE the appointment of Lynn A. Pringle to the Nichols Hills Planning Commission to fill the unexpired term of Mr. Jeff James who has resigned, for a term to expiring at the conclusion of Mr. Jeff James, or until the successor of Mr. Pringle has been appointed and approve, whichever comes first. SECONDED by Hoffman.  AYES: Clements, Hoffman, Goetzinger. NAYS: None

 

21.  Consider, discuss and approve or disapprove an ordinance amending sections 6-36 and 6-37 of the Nichols Hills City Code; adopting the 2009 Edition of the International Residential Code; and declaring an emergency.

 

TABLED

 

 

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

 

TABLED

 

 

22.  Consider, discuss and approve or disapprove an ordinance amending sections 6-156 and 6-157 of the Nichols Hills City Code; adopting the 2009 Edition of the International Plumbing Code; and declaring an emergency.

 

TABLED

 

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

 

TABLED

 

23.  Consider, discuss and approve or disapprove an ordinance amending sections 6-131 and 6-132 of the Nichols Hills City Code; adopting the 2009 Edition of the International Mechanical Code; and declaring an emergency.

 

TABLED

 

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

 

TABLED

 

24.  Consider, discuss and approve or disapprove an ordinance amending sections 6-44 and 6-45 of the Nichols Hills City Code; adopting the 2009 Edition of the International Building Code; and declaring an emergency.

 

TABLED

 

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

 

TABLED

 

25.  Consider, discuss and approve or disapprove an ordinance amending sections 6-106 of the Nichols Hills City Code; adopting the 2008 Edition of the National Electrical Safety Code; and declaring an emergency.

 

TABLED

 

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

 

TABLED

 

 

26.  Adjournment.

 

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

 

 

 

 

 

 

Sody Clements            

Sody Clements, Mayor

 

 

 

Kristi Hort                        David Poole                       

Kristi Hort, City Clerk     David Poole, City Manager

 

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