City of Nicoma Park s6

City of Nicoma Park Regular Meeting

MINUTES July 7, 2009 7:00 p.m.

The City Council of Nicoma Park met in the Council Chambers at 2221 Nichols Drive.

1. CALL TO ORDER The meeting was called to order by Mayor Pumphrey at 7:00 p.m. Invocation was giving by Robert Thompson and the flag salute was led by Mayor Pumphrey.

Councilmembers present Councilmembers absent Casey Smith – Ward 1 Kevin Loudermilk – Ward 2 Robert Pittman – Ward 4 Theron Franks – Ward 3 Shelley Meyers – Ward 5 Cindy Williams – Ward 6 Others present Jim Pumphrey – Mayor Beverly McManus – City Clerk/Treasurer Robert Thompson – City Attorney

2. HIGHLIGHTS AND CONCERNS a. We have been awarded a grant to purchase generators for the police department, fire department and city hall thanks to the efforts of Chief Shonts.

b. The grant for the traffic light at NE 23 & Nichols cannot be used for engineering fees. Oklahoma County has agreed to pay for the engineering.

3. CONSENT AGENDA The Consent Agenda includes routine items that can be approved by one motion of the Council. If any proposed item does not meet with the approval of the Council, said item will be removed and placed under the Business Agenda. The following items are recommended for consideration:

a. Minutes of the June 2, Regular Meeting. b. Payment of June 2009 Claims. c. Acknowledge payment of June Payroll and Benefits in the amount of $47,494.48; Mayor $150; City Attorney $500.00; Judge $700.00. d. Approval of June estimated payroll in the amount of $45,000.00. e. Reimbursement of Petty Cash: General Government $174.05 Police Department $50.65 Fire Department $53.71

MOTION BY Williams; SECOND Smith, to approve the Consent Agenda. AYE VOTES: Smith, Pittman, Meyers, Williams, Pumphrey. NAY VOTES: None. ABSENT: Loudermilk, Franks. MOTION CARRIED

City of Nicoma Park/NPDA – July 7, 2009 MINUTES – Page 1 4. PUBLIC HEARINGS Public Hearing to determine whether the following properties should be declared detrimental to the health, benefit and welfare of the public and community and direct staff to take appropriate action to abate same.

Public Hearing to be held for the following properties due to tall weeds and grass and/or the accumulation of trash.

A. Nicoma Park Addition Block: 010. W35FT of N200FT of Lot 5 & N200Ft of Lot 6. Property owner Bible Baptist Church of Nicoma Park, Inc.

B. 1191 Spring Shadow Dr. Property owner Wimberly Myong H. Irrev. Trust.

C. 11510 Stewart Ave. Property owner Brian W. Arredondo.

No action.

D. 1817 N. Meyers Terr. Property owner Wendy L. Chapa.

E. 10416 NE 19th St. Property owner Patricia J. & Arlin A. Ingram.

Tabled.

F. 10901 NE 23rd St. Property owner O’Higgins Lawn & Garden, Mooreland Landscape LLC.

G. 10821 NE 23rd St. Property owner David J. Honerkamp.

H. 10912 NE 16th St. Property owner Max A & Joan L Musgrave.

No action.

I. 2415 Ives Way. Property owner James E. Hart & Mary E. Hissen.

MOTION BY Pittman; SECOND Smith, to declare “A, B, D, F, G & I” a nuisance. AYE VOTES: Smith, Pittman, Meyers, Williams, Pumphrey. NAY VOTES: None. ABSENT: Loudermilk, Franks. MOTION CARRIED

5. BUSINESS AGENDA Discussion, consideration and possible action to be held on the following Business Agenda Items:

A. Public Hearing for a rezoning request for property located at 12406 NE 23rd Street. Kolar Investments has submitted a request to rezone from Residential District (R-1) to Commercial District (C-2). Proposed use is to develop commercially.

The Planning Commission approved this request at their June 18, 2009 meeting with the following modification: approve partial rezoning; front of property can be rezoned C2, but require applicant to leave back part of property R1.

Ms. Kolar submitted her proposal making the front 900 feet C2 and leaving the back as R1.

The following is the legal description of the property:

TRACT A: A part of the East 37.21 acres of the NW/4 of Section 28, TN 12N, Range 1W of the Indian Meridian, Oklahoma County, Oklahoma, which lies North of Chicago, Rock Island and Pacific Railroad right-

City of Nicoma Park/NPDA – July 7, 2009 MINUTES – Page 2 of-way, more particularly described as follows: Commencing at the NE/C of the NW/4; thence South 89°14’58” West along the North section line a distance of 448.43 feet, more or less to a point; thence South 00°58’23” East on the North right of way line of the Chicago, Rock Island and Pacific Railroad, a distance of 1730.38 feet, more or less to a set iron rod; thence North 79°43’26: East along the North right of way line of the Chicago, Rock Island and Pacific Railroad, a distance of 456.67 feet, more or less, to a set iron rod; thence North 01°02’51” West a distance of 1669.81 feet, more or less, to a point on the North Section line; said point is also point of beginning.

TRACT B: A part of the East 37.21 acres of the NW/4 of Section 28, TN 12N, R1W of the Indian Meridian, Oklahoma County, Oklahoma, which lies North of Chicago, Rock Island and Pacific Railroad right-of-way, more particularly described as follows: Commencing at the NE/C of the NW/4; thence South 89°14’58” West along the North section line a distance of 448.43 feet, more or less, to a point; said point is the point of beginning; thence South 00°58’23” East a distance of 1730.38 feet, more or less, to a set iron rod, to the North right of way line of the Chicago, Rock Island and Pacific Railroad; thence South 79°43’26” West a distance of 456.67 feet, more or less, to a set iron rod; along the north right of way line of the Chicago, Rock Island and Pacific Railroad; thence North 00°54’17” West a distance of 1805.94 feet, more or less, to a point on the North section line; thence North 89°14’58” East a distance of 448.43 feet, more or less, along the North section line, to a point; said point is also point of beginning.

MOTION BY Pittman; SECOND Smith, to approve rezoning from NE 23rd South 345 feet as C-2 with the remainder of the property to remain zoned as R-1. AYE VOTES: Smith, Pittman, Meyers, Williams, Pumphrey. NAY VOTES: None. ABSENT: Loudermilk, Franks. MOTION CARRIED

B. Mr. Geoffrey Hendrick wants to present an idea to the Council regarding a program to assist with matching up caregivers with persons needing help. He is asking for the City of Nicoma Park to donate to the cause.

Mr. Hendrick withdrew his request after he was informed by the City Attorney the city could not donate funds.

C. Renewal of Interlocal Cooperation Agreement of Jurisdiction Concerning Juvenile for FY 2009-2010.

MOTION BY Pittman; SECOND Meyers, to renew the agreement. AYE VOTES: Smith, Pittman, Meyers, Williams, Pumphrey. NAY VOTES: None. ABSENT: Loudermilk, Franks. MOTION CARRIED

D. Approval of the FY 2009/2010 Oklahoma County Jail Services Agreement.

MOTION BY Pittman; SECOND Williams, to renew the agreement. AYE VOTES: Smith, Pittman, Meyers, Williams, Pumphrey. NAY VOTES: None. ABSENT: Loudermilk, Franks. MOTION CARRIED

E. Revise Fine Schedule Jail Fee Reimbursement from $42 per calendar day to $43 per calendar day to cover increase charged by Oklahoma County Jail beginning July 1, 2009.

MOTION BY Pittman; SECOND Smith, to approve the Jail Fee revision. AYE VOTES: Smith, Pittman, Meyers, Williams, Pumphrey. NAY VOTES: None. ABSENT: Loudermilk, Franks. MOTION CARRIED

City of Nicoma Park/NPDA – July 7, 2009 MINUTES – Page 3 F. Adoption of Ordinance No. 383 to include additional territory within the C-2 General Commercial District. (Heyde Rezoning at 11885 NE 23.)

MOTION BY Williams; SECOND Pittman, to adopt Ordinance No. 383. AYE VOTES: Smith, Pittman, Meyers, Williams, Pumphrey. NAY VOTES: None. ABSENT: Loudermilk, Franks. MOTION CARRIED

G. Adoption of the Emergency Clause for Ordinance No. 383.

MOTION BY Pittman; SECOND Meyers, to adopt the Emergency Clause for Ordinance No. 383. AYE VOTES: Smith, Pittman, Meyers, Williams, Pumphrey. NAY VOTES: None. ABSENT: Loudermilk, Franks. MOTION CARRIED

H. Renewal of the Midwest City Jail Services Agreement for FY 2009-2010.

MOTION BY Pittman; SECOND Smith, to renew the agreement. AYE VOTES: Smith, Pittman, Meyers, Williams, Pumphrey. NAY VOTES: None. ABSENT: Loudermilk, Franks. MOTION CARRIED

I. Authorize the Mayor to pursue a Federal Stimulus Grant to build a new fire station. The grant is 100% funded and the deadline is July 10.

MOTION BY Williams; SECOND Meyers, to authorize the Mayor to pursue the grant. AYE VOTES: Smith, Pittman, Meyers, Williams, Pumphrey. NAY VOTES: None. ABSENT: Loudermilk, Franks. MOTION CARRIED

J. Adoption of Resolution No. 2009-08 Establishing the 9-1-1 Emergency Telephone Fee Rate for Calendar Year 2010.

MOTION BY Pittman; SECOND Smith, to adopt Resolution No. 2009-08 AYE VOTES: Smith, Pittman, Meyers, Williams, Pumphrey. NAY VOTES: None. ABSENT: Loudermilk, Franks. MOTION CARRIED

K. Adoption of the following Budgets for FY 09/10: (Appropriations from these funds were previously approved by resolution. However, on the recommendation of the auditor, we now need to budget these funds as we do all others.)

a. Warrant Fund in the amount of $7,402.00. b. Police Training Fund in the amount of $4,017.00 c. Juvenile Court Fund in the amount of $4,555.00

MOTION BY Pittman; SECOND Smith, to adopt the Warrant Fund, Police Training Fund and Juvenile Court Fund Budgets as presented. AYE VOTES: Smith, Pittman, Meyers, Williams, Pumphrey. NAY VOTES: None. ABSENT: Loudermilk, Franks. MOTION CARRIED

6. NEW BUSINESS This item is listed on the agenda to provide the opportunity for City Council discussion on items which may arise, and which could not have been known about, within 24 hours prior to the meeting.

No new business.

7. REMARKS

City of Nicoma Park/NPDA – July 7, 2009 MINUTES – Page 4 Remarks from the public or members of the governing body. No formal action can be taken.

Cindy Williams asked for a speed limit sign on her street to be moved. It is currently blocked by a mail box and cannot be seen.

The Mayor distributed a copy of a contract for buying water from Oklahoma City.

The Mayor asked the Council to be thinking about ideas for REAP Grant application on transportation. He is going to submit one for community development to improve the restrooms at the park.

8. EXECUTIVE SESSION No items for discussion.

9. REPORTS a. Planning Commission Minutes b. Code Enforcement c. Fire Department d. Police Department e. ACOG f. Eastern Oklahoma County Medical Development Authority

10. ADJOURNMENT The meeting adjourned at 7:58 p.m.

Prepared on July 8, 2009 by Beverly McManus, City Clerk.

______

Approved by the City Council on August 4, 2009.

______Mayor

City of Nicoma Park/NPDA – July 7, 2009 MINUTES – Page 5 Nicoma Park Development Authority Regular Meeting

MINUTES July 7, 2009

11. CALL MEETING TO ORDER The meeting was called to order by Mayor Pumphrey at 7:58 p.m.

Councilmembers present Councilmembers absent Casey Smith – Ward 1 Kevin Loudermilk – Ward 2 Robert Pittman – Ward 4 Theron Franks – Ward 3 Shelley Meyers – Ward 5 Cindy Williams – Ward 6 Others present Jim Pumphrey – Mayor Beverly McManus – City Clerk/Treasurer Robert Thompson – City Attorney

12. HIGHLIGHTS AND CONCERNS

13. CONSENT AGENDA a. Minutes of June, 2009 Regular Meeting. b. Payment of June 2009 Claims. c. Reimbursement of Sewer Fund Petty Cash in the amount of $155.14.

MOTION BY Pittman; SECOND BY Williams, to approve the Consent Agenda. AYE VOTES: Smith, Pittman, Meyers, Williams, Pumphrey. NAY VOTES: None. ABSENT: Loudermilk, Franks.. MOTION CARRIED

14. BUSINESS AGENDA No business items for discussion.

15. ADJOURNMENT The meeting adjourned at 7:59 p.m.

Prepared on July 8, 2009 by Beverly McManus, City Clerk.

______Approved by the City Council on August 8, 2009.

______Mayor

City of Nicoma Park/NPDA – July 7, 2009 MINUTES – Page 6