Tuesday, December 13, 2011

The City of Nichols Hills

Minutes of the City Council Meeting

December 13, 2011

 

Original Agenda Filed in the Office of the Municipal Clerk at   4    PM on the  9th   day of December, 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 November, 2011

b)      Municipal Court Report for November, 2011

c)      Fire Department Report for November, 2011

d)      Public Works Department Report for November, 2011

e)      Risk Management Report for November, 2011

f)        New Residents List for November, 20112

g)      Finance Director’s Report for November, 2011

h)      City Treasurer’s Report for November, 2011

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

j)        City Manager’s Report for November, 2011

k)      City Engineer’s Report

l)        ACOG Sales Tax Report

 

 

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

 

4.      Minutes:           Meeting – November 08, 2011

                        Special Meeting – November 14, 2011

                        Special Meeting – November 30, 2011

 

                            

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

 

 

5.      Total Warrants and Claims: .......................................... $528,984.44

a)      General Fund.............................................................. 154,781.62

b)      Street & Alley Fund............................................................ 386.46

c)      Designated Funds.......................................................... 1,323.45

d)      Nichols Hills Municipal Authority................................... 71,563.47

e)      General Fund CIP......................................................... 28,773.81

f)        9-1-1.................................................................................... 24.36

g)      General Obligation Bond Issues................................ 272,131.27

 

 

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

 

6.      Citizens desiring to be heard:

 

None

 

7.      Presentations:  Recognition of 25 years of Municipal government service.

 

                                 I.            Mr. Wayne Knight

 

Mr. Knight was recognized for his 25 years of service, along with Mr. Chris Jackson and Mr. Larry Gardner at a luncheon held the following day.

 

8.      PUBLIC HEARING: 1601NW 63rd Street PUD Application - Discussion, Consideration and Possible Action on the application filed by Kelly McNitt, Jim Loftis and Glenbrook Park LLC to rezone 1601 NW 63rd Street, Nichols Hills, Oklahoma from the “E-1” Estate District to “PUD” Planned Unit Development and to approve a planned unit development entitled Glenbrook Park in Nichols Hills and its related Master Development Plan, for residential use.

 

APPROVED: Motion to continue to Regular Meeting date in January 2012 was moved by Goetzinger, seconded by Hoffman.   AYES: Clements, Hoffman, Goetzinger.

 

9.      Discussion, Consideration and Possible Action to approve Pay Estimate No. 3 for Project No. PC-0901 & WC-1003 for Dorchester Place & Camden Way project in the amount of $250,132.29, to Atlas Paving Co.  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.

 

10.  Discussion, Consideration and Possible Action on Tort claim submitted by Dr. Roland Walters in the amount of $6,379.69.  For damages occurring on September 26, 2011 on Guilford Lane.  Risk Manager Lindy Stormont recommends denial of the claim and submission to the city’s insurance.

 

APPROVED: Motion to deny tort claim moved by Goetzinger, seconded by Hoffman.   AYES: Clements, Hoffman, Goetzinger.

 

11.  Discussion, Consideration and Possible Action to approve the Public Works Department request to purchase of one new four wheel drive 1 ton dump truck under the state contract, not to exceed $35,000; as approved in the FY 2011 – 2012 CIP budget.

 

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

12.  Consider, discuss and approve or disapprove an ordinance­­­­­ amending Chapter 22 of the Nichols Hills City Code by the addition of a new section 22-1007 regarding­­­­ one-way streets and designating a portion of Camden Way east of Pennsylvania Avenue as a one-way street; repealing conflicting ordinances; providing for severability; and declaring an emergency.

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

 

a. Consider, discuss and approve or disapprove the emergency section of the            foregoing ordinance

 

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

 

 

13.  Discussion, Consideration and Possible Action concerning recycling.  Nancy Herzel, EHS Chairman to address council.

 

APPROVED: Motion to approve the recommendations presented by EHS Chairman, Nancy Herzel along with approval of the “flyer” notifying residents of the changes moved by Hoffman, seconded by Goetzinger.    AYES: Clements, Hoffman, Goetzinger.

 

14.  Discussion, Consideration and Possible Action regarding possible Utility Billing Refund to Tom Kilpatrick.

 

APPROVED: Motion to refund all overpayments to date was moved by Goetzinger, seconded by Hoffman.   AYES: Clements, Hoffman, Goetzinger.

 

APPROVED: Motion to reconsider the prior item was moved by Hoffman, seconded by Goetzinger.   AYES: Clements, Hoffman, Goetzinger.

 

APPROVED: Motion to resend the action taken on item 14 was moved by Hoffman, seconded by Goetzinger.   AYES: Clements, Hoffman, Goetzinger.

 

APPROVED: Motion to Approve item 14 wherein we will refund to Mr. Tom Kilpatrick the net amount by which he has overpaid his account as a result of the misreading of his sewer, water utility services provided by the City of Nichols Hills was moved by Goetzinger, seconded by Hoffman.   AYES: Clements, Hoffman, Goetzinger.

 

 

15.  Discussion, Consideration and Possible Action regarding In the Matter of Adele Heights, Phillip’s Addition, Kneen’s Subdivision, Compton’s Subdivision, Norwoods Shady Side Addition, North Broadway Heights, and East Broadway Heights, Oklahoma City, Oklahoma County, Oklahoma. Arcadia Farm, L.L.C., an Oklahoma limited liability company, and the Oklahoma Publishing Company of Oklahoma, an Oklahoma corporation, Petitioners v. City of Oklahoma City, a municipal corporation; City of Nichols Hills, a municipal corporation; Board of County Commissioners of Oklahoma County; Oklahoma Gas and Electric Company, a corporation; Oneok, Inc., a corporation; Southwestern Bell Telephone Company, a corporation; AT&T Corp.; Cox Communications, a limited liability company, Defendants, pending in the District Court of Oklahoma County, case number CV-2011-1977 (called “In the Matter of Adele Heights”), to include the following as desired by the Council:

 

Following the reading of agenda item 15, City Attorney John Michael Williams

 

 

 

                                 I.            Approval of instructions or other actions desired by the Council regarding In the Matter of Adele Heights, including possible settlement

 

 

AND/OR

 

                               II.            Matters related to Executive Session regarding In the Matter of Adele Heights:

 

(a)    Consider and approve entering into proposed executive session regarding In the Matter of Adele Heights, as authorized by 25 Oklahoma Statutes 2001, Section 307(B)(4) for the purpose of confidential communications between a public body and its attorney concerning a pending investigation, claim, or action if the public body, with the advice of its attorney, determines that disclosure will seriously impair the ability of the public body to process the claim or conduct a pending investigation, litigation, or proceeding in the public interest; and, Consider and Approve determination that disclosure regard this matter will seriously impair the ability of the public body to process the claim or conduct a pending investigation, litigation, or proceeding in the public interest.

 

APPROVED: Motion to approve agenda item 15(II) (a) was moved by Hoffman, seconded by Goetzinger.    AYES: Clements, Hoffman, Goetzinger.

 

(b)   Executive Session.

 

 

(c)    Consider and approve leaving executive session and reconvening in open session.

 

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

 

 

(d)   Discussion and possible action as desired by Council with respect to matters arising from the above executive session and instructions or other actions regarding In the Matter of Adele Heights, including possible settlement.

APPROVED: Motion to direct and authorize City Attorney to settle the Matter of Adele Heights lawsuit matter to according to such terms he believes are in the best interest of Nichols Hills; further subject to the approval of Councilmember Steve Goetzinger was moved by Hoffman, seconded by Goetzinger.    AYES: Clements, Hoffman, Goetzinger.

 

 

 

16.  Adjournment.

 

 

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

 

 

 

 

 

 

Sody Clements              

Sody Clements, Mayor

 

 

 

Kristi Hort                           David Poole                        

Kristi Hort, City Clerk        David Poole, City Manager

 

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