MINUTES OF A MEETING OF THE NEWCASTLE PUBLIC WORKS AUTHORITY (Opening Prayer & Flag Salute)

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1 MINUTES OF A MEETING OF THE NEWCASTLE PUBLIC WORKS AUTHORITY (Opening Prayer & Flag Salute) DATE: March 10, 2014 TIME: PLACE: ITEM 1: 6:00 P.M. NEWCASTLE MULTI-PURPOSE CENTER 705 NW 10 TH STREET CALL TO ORDER/ROLL CALL Vice Chair Cindy Frizzell called the meeting to order at 6:08 p.m. PRESENT: ABSENT: Vice Chair Cindy Frizzell Trustee Mike Fullerton Trustee Wayne McDoulett Trustee Gene Reid Chair Karl Nail OTHERS PRESENT: Assistant General Manager Kevin Self; NPWA Secretary Camille Dowers; City Treasurer Sharon Ferguson; Community Development Director Ian Crittenden; City Engineer Kenny Sullivan, P.E., Planning Commission Chair Gordon Harness ITEM 2: DISCUSSION AND POSSIBLE ACTION ON APPROVAL OF THE AGENDA Motion was made by Gene Reid and seconded by Mike Fullerton to approve the agenda. Board polled: Mike Fullerton, yes; Wayne McDoulett, yes; Gene Reid, yes; Cindy Frizzell, yes. Motion carried. ITEM 3: CITIZENS COMMENTS Carrie McKellips, owner of All the Right Stuff, appeared regarding real property she purchased at auction from ODOT along Hwy. 62 to further her business and build a strip mall. The property transaction closed in January 2013 and in March or April 2013, a Newcastle citizen informed her a sewer line crossed her property that did not have an easement. She now requests the city either pay her for the easement, move the sewer line, or show paperwork of a proper easement. She said she hired an attorney and reference was made to a letter he sent to the city dated February 12, She requested the matter be placed on the next agenda. She stated she purchased the property as is from ODOT but there is no recorded easement. ITEM 4: CONSENT AGENDA A. Minutes: February 10, 2014 February 13, 2014 B. Claims C. Transfer of Funds D. Appropriation of Funds

2 E. Budget Amendments F. Approval of claims in excess of $25, City Treasurer Sharon Ferguson presented supplemental claims for approval. Motion was made by Gene Reid and seconded by Wayne McDoulett to approve the consent agenda as amended with the additional claims presented. Board polled: Wayne McDoulett, yes; Gene Reid, yes; Mike Fullerton, yes; Cindy Frizzell, ITEM 5: DISCUSSION AND POSSIBLE ACTION ON ADJUSTMENT OF UTILITY ACCOUNT # AT SERVICE ADDRESS OF 1114 LINDA LANE (JEREMIAH ALBERSON) No action was taken. ITEM 6: DISCUSSION AND POSSIBLE ACTION ON APPROVAL OF PERMIT BETWEEN THE CITY OF OKLAHOMA CITY, THE OKLAHOMA CITY WATER UTILITIES TRUST, THE CITY OF NEWCASTLE, AND THE NEWCASTLE PUBLIC WORKS AUTHORITY GRANTING ACCESS TO OKC WATER METER LOCATION City Engineer Kenny Sullivan and Kevin Self recommended approval of Item 6. Motion was made by Wayne McDoulett and seconded by Mike Fullerton to approve Revocable Permit from The City of Oklahoma City and the Oklahome City Water Utilities Trust. Board polled: Gene Reid, yes; Mike Fullerton, yes; Wayne McDoulett, yes; Cindy Frizzell, ITEM 7: GENERAL MANAGER S COMMENTS Kevin Self reported there were no comments. ITEM 8: TRUSTEES COMMENTS Gene Reid requested an update on Carried McKellips issue and that it be placed on the next agenda. Cindy Frizzell asked it be placed on the next agenda. ITEM 9: ADJOURNMENT Motion was made by Gene Reid and seconded by Wayne McDoulett to adjourn. The motion unanimously passed and the meeting was adjourned at 6:30 p.m. Except for motions, the minutes only constitute an outline of discussion made by the Council/NPWA and legal advice by the City Attorney. Chair Vice Chair Trustee Trustee Trustee

3 DATE: March 10, 2014 MINUTES OF A MEETING OF THE NEWCASTLE CITY COUNCIL TIME: PLACE: ITEM 1: 6:00 P.M. NEWCASTLE MULTI-PURPOSE CENTER 705 NW 10 TH STREET CALL TO ORDER/ROLL CALL Vice Mayor Cindy Frizzell called the meeting to order at 6:31 p.m. PRESENT: ABSENT: Vice Mayor Cindy Frizzell Council Member Mike Fullerton Council Member Wayne McDoulett Council Member Gene Reid Mayor Karl Nail OTHERS PRESENT: Assistant City Manager Kevin Self; City Clerk Camille Dowers; City Treasurer Sharon Ferguson; Community Development Director Ian Crittenden; City Engineer Kenny Sullivan, P.E., of Glenn Sullivan & Associates; Planning Commission Chair Gordon Harness ITEM 2: DISCUSSION AND POSSIBLE ACTION ON APPROVAL OF THE AGENDA Motion was made by Wayne McDoulett and seconded by Gene Reid to approve the agenda. Council polled: Mike Fullerton, yes; Wayne McDoulett, yes; Gene Reid, yes; Cindy Frizzell, ITEM 3: CITIZENS COMMENTS None. ITEM 4: CONSENT AGENDA A. Minutes: February 10, 2014 B. Claims C. Transfer of Funds D. Appropriation of Funds E. Budget Amendments F. Approval of claims in excess of $25, City Treasurer Sharon Ferguson presented supplemental claims for approval. Motion was made by Gene Reid and seconded by Wayne McDoulett to approve the consent agenda as amended with the additional claims presented. Council polled: Wayne McDoulett, yes; Gene Reid, yes; Mike Fullerton, yes; Cindy Frizzell,

4 ITEM 5: DISCUSSION AND POSSIBLE ACTION ON RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION: Planning Commission Agenda Item 8 (February 24, 2014 meeting-cont.): A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR REZONING FROM A (AGRICULTURE) TO E-1 (SUBURBAN ESTATE RESIDENTIAL) FOR LARRY DUNAGAN LOCATED IN THE S/2 SE/4 OF SECTION 35, TOWNSHIP 10 NORTH, RANGE 4 WEST, I.M., MCCLAIN COUNTY, OKLAHOMA, CONTAINING 6.08 ACRES. PROPERTY ADDRESS: 3221 N. PORTLAND, NEWCASTLE, OKLAHOMA (R# ) A. The Planning and Zoning Commission recommends approval of the application of Larry Dunagan for E-1 (Suburban Estate Residential) zoning and adoption of Ordinance No Gordon Harness presented the recommendation of the Planning and Zoning Commission. Paula Dunagan appeared and agreed to a 40 ft. easement. Motion was made by Gene Reid and seconded by Wayne McDoulett for approval of Ordinance No. 706 conditional upon grant of 40 ft. easement. Council polled: Gene Reid, yes; Mike Fullerton, yes; Wayne McDoulett, yes; Cindy Frizzell, B. Adoption of Emergency Clause of Ordinance No. 706 Motion was made by Wayne McDoulett and seconded by Gene Reid to approve the Emergency Clause of Ordinance No Council polled: Mike Fullerton, yes; Wayne McDoulett, yes; Gene Reid, yes; Cindy Frizzell, Planning Commission Agenda Item 10 (February 24, 2014 meeting-cont.): DISCUSSION AND POSSIBLE ACTION ON AMENDED PRELIMINARY PLAT OF MEADOWCREEK C. The Planning and Zoning Commission recommends approval of the Amended Preliminary Plat of Meadowcreek as presented, subject to the entrance easement off Country Club being dedicated and filed of record as a separate easement and a Maintenance Agreement being secured with the homeowners to the north, who will utilize and receive the benefit of the easement; and the designated open space toward the west end of the development in the lower area being utilized as an additional detention area with discharge trapped so as to minimize the flow into the neighboring orchard, therefore using the best engineering practices. Gordon Harness presented the recommendation of the Planning and Zoning Commission. Motion was made by Gene Reid and seconded by Wayne McDoulett to approve the amended preliminary plat of Meadowcreek under Item 5(C) subject to approval of easement, maintenance agreement and dedicated area for detention pond. Council polled: Wayne McDoulett, yes; Gene Reid, yes; Mike Fullerton, yes; Cindy Frizzell, Planning Commission Agenda Item 13 (February 24, 2014 meeting): A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR USE PERMITTED ON REVIEW FOR A SPECIAL PERMIT FOR DUSTIN CAMP FOR THE USE OF PLACING A GYM LOCATED IN THE NW/4 OF THE NW/4

5 OF SECTION 21, TOWNSHIP 9 NORTH, RANGE 4 WEST, I.M., McCLAIN COUNTY, OKLAHOMA. PROPERTY ADDRESS: 2310 HIGHWAY 130, NEWCASTLE, OKLAHOMA (UPOR # ) D. The Planning and Zoning Commission recommends denial of UPOR for Special Permit for Dustin Camp based upon findings the permit may not be a valid permit; the general character of the use in this area is improper; the use of the facility as is is inappropriate and does not meet the requirements; and the image of the building, driveway, and parking lot is not appropriate in Agricultural Zoning. Gordon Harness presented the recommendation of the Planning and Zoning Commission to deny the special permit requested by Dustin Camp, citing concerns of increased traffic, commercial development being inconsistent with the residential agricultural area, adequate access, parking, and other building code issues. Dustin Camp appeared and asked for approval of his application for a special use permit for a private club gym facility. Other appearances were made by Carrie McKellips, Joe Covey, and Bambi Reynolds, Lisa Moses, Tony O Brien and Jim Gurley. Motion was made by Wayne McDoulett and seconded by Gene Reid to approve the Planning Commission recommendation for denial of the applicat ion for UPOR # Council polled: Gene Reid, yes; Mike Fullerton, yes; Wayne McDoulett, yes; Cindy Frizzell, yes. Motion carried. Planning Commission Agenda Item 11 (February 24, 2014 meeting): A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR USE PERMITTED ON REVIEW FOR A SPECIAL PERMIT FOR JASON LEE GUDGEL/VERIZON WIRELESS, REPRESENTATIVE FOR A WIRELESS COMMUNICATION FACILITY LOCATED IN THE NE AND NW QUARTERS OF SECTION 19, TOWNSHIP 9 NORTH, RANGE 4 WEST, I.M., McCLAIN COUNTY, OKLAHOMA. PROPERTY ADDRESS: 3528 W. FOX LANE, NEWCASTLE, OKLAHOMA (UPOR # ) E. The Planning and Zoning Commission recommends approval of UPOR for Jason Gudgel/Verizon Wireless for a wireless communication facility. Gordon Harness presented the recommendation of the Planning and Zoning Commission. Motion was made by Wayne McDoulett and seconded by Mike Fullerton to approve the recommendation of the Planning and Zoning Commission for approval of UPOR # Council polled: Mike Fullerton, yes; Wayne McDoulett, yes; Gene Reid, yes; Cindy Frizzell, yes. Motion carried. Planning Commission Agenda Item 12 (February 24, 2014 meeting): A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR USE PERMITTED ON REVIEW FOR JUANITA GRIFFITH, SHERRELL DAVID GRIFFITH, MABLE ELAINE HENDERSON, AND DEBRA JEAN SCROGGINS/GRIDIRON TOWERS, REPRESENTATIVE FOR A WIRELESS COMMUNICATION FACILITY LOCATED IN THE NE/4 OF SECTION 9, TOWNSHIP 8 NORTH, RANGE 3 WEST, I.M. PROPERTY ADDRESS: S. SANTA FE AVENUE/NORTH OF HIGHWAY SE 40 TH, NEWCASTLE, OKLAHOMA (UPOR # )

6 F. The Planning and Zoning Commission recommends approval of UPOR for Juanita Griffith, Sherrell David Griffith, Mable Elaine Henderson, and Debra Jean Scroggins/Gridiron Towers for a wireless communication facility. Gordon Harness presented the recommendation of the Planning and Zoning Commission. Motion was made by Gene Reid and seconded by Wayne McDoulett to approve the recommendation of the Planning and Zoning Commission for approval of UPOR # Council polled: Wayne McDoulett, yes; Gene Reid, yes; Mike Fullerton, yes; Cindy Frizzell, Planning Commission Agenda Item 14(February 24, 2014 meeting): DISCUSSION AND POSSIBLE ACTION ON AMENDMENT TO SUBDIVISION REGULATIONS REGARDING MOUNTABLE CURBS G. The Planning and Zoning Commission recommends approval of a 5-inch mountable curb and gutter to be included in the Subdivision Regulations. Gordon Harness presented the recommendation of the Planning and Zoning Commission. Motion was made by Gene Reid and seconded by Wayne McDoulett to approve the recommendation of the Planning and Zoning Commission for approval of Item 5(G). Council polled: Mike Fullerton, yes; Wayne McDoulett, yes; Gene Reid, yes; Cindy Frizzell, (Vice Mayor Cindy Frizzell called Item 10 at this time, following a short recess called at 8:51 p.m.) ITEM 6: DISCUSSION AND POSSIBLE ACTION ON WAIVER OF GARAGE SALE PERMIT FEES FOR CITYWIDE GARAGE SALES ON APRIL 24, 25 AND 26, 2014 Motion was made by Wayne McDoulett and seconded by Mike Fullerton to approve Item 6. Council polled: Gene Reid, yes; Mike Fullerton, yes; Wayne McDoulett, yes; Cindy Frizzell, ITEM 7: DISCUSSION AND POSSIBLE ACTION ON PUBLIC/PRIVATE JOINT VENTURE FOR STREET IMPROVEMENTS TO NAOMI LANE Kevin Self reported the property owners will pay for materials and the city will provide labor and equipment for improvements to Naomi Lane. Ron Hammett appeared and agreed to maintain the improved road as a private road. Motion was made by Mike Fullerton and seconded by Wayne McDoulett to approve Item 7 as agreed. Council polled: Mike Fullerton, yes; Wayne McDoulett, yes; Gene Reid, yes; Cindy Frizzell, ITEM 8: DISCUSSION AND POSSIBLE ACTION ON PROCEEDING WITH SALES TAX ELECTION FOR THE BENEFIT OF NEWCASTLE PUBLIC SCHOOLS AND THE CITY OF NEWCASTLE Discussion was held among the council members. No action was taken. ITEM 9: DISCUSSION AND POSSIBLE ACTION ON APPROVAL OF MULTI- HAZARD MITIGATION PLAN AND RESOLUTION NO

7 ADOPTING THE NEWCASTLE MULTI-JURISDICTIONAL MULTI- HAZARD MITIGATION PLAN Motion was made by Wayne McDoulett and seconded by Gene Reid to approve Item 9. Council polled: Wayne McDoulett, yes; Gene Reid, yes; Mike Fullerton, yes; Cindy Frizzell, ITEM 10: DISCUSSION AND POSSIBLE ACTION ON RESOLUTION NO REQUESTING SPEED LIMIT ADJUSTMENT ON STATE HIGHWAY 76 State Representative Bobby Cleveland appeared and stated he supported reducing the posted speed limit on State Highway 76 to 55 miles per hour. Motion was made by Gene Reid and seconded by Wayne McDoulett to adopt Resolution No , requesting ODOT action to lower the posted speed limit on State Hwy. 76 to 55 mph between State Hwy. 37 and SW 24 th Street. Council polled: Wayne McDoulett, yes; Gene Reid, yes; Mike Fullerton, yes; Cindy Frizzell, (At this time, Vice Mayor Cindy Frizzell returned to the regular order of the agenda and called Item 6.) ITEM 11: DISCUSSION AND POSSIBLE ACTION ON APPROVAL OF CHANGE OF EMPLOYMENT STATUS OF SHARON FERGUSON, CITY TREASURER, FROM NON-EXEMPT EMPLOYEE TO EXEMPT EMPLOYEE Motion was made by Gene Reid and seconded by Mike Fullerton to approve Item 11, effective March 11, 2014 at 8:00 a.m. Council polled: Gene Reid, yes; Mike Fullerton, yes; Wayne McDoulett, yes; Cindy Frizzell, ITEM 12: DISCUSSION AND POSSIBLE ACTION ON DONATION TO BOY SCOUT TROOP 231 Motion was made by Gene Reid and seconded by Wayne McDoulett to approve a donation of $1,000 to Boy Scout Troop 231. Council polled: Mike Fullerton, yes; Wayne McDoulett, yes; Gene Reid, yes; Cindy Frizzell, ITEM 13: DISCUSSION AND POSSIBLE ACTION ON APPROVAL OF PERMIT BETWEEN THE CITY OF OKLAHOMA CITY, THE OKLAHOMA CITY WATER UTILITIES TRUST, THE CITY OF NEWCASTLE, AND THE NEWCASTLE PUBLIC WORKS AUTHORITY GRANTING ACCESS TO OKC WATER METER LOCATION Motion was made by Mike Fullerton and seconded by Wayne McDoulett to approve Item 13. Council polled: Wayne McDoulett, yes; Gene Reid, yes; Mike Fullerton, yes; Cindy Frizzell, ITEM 14: DISCUSSION AND POSSIBLE ACTION ON RE-APPOINTMENT OF MEMBER(S) TO THE BOARD OF ADJUSTMENTS: Joe Covey Jan Talkington

8 Motion was made by Mike Fullerton and seconded by Wayne McDoulett to approve Item 14. Council polled: Gene Reid, yes; Mike Fullerton, yes; Wayne McDoulett, yes; Cindy Frizzell, ITEM 15: CITY MANAGER S COMMENTS None. ITEM 16: COUNCIL MEMBERS COMMENTS Gene Reid commented on comments he had received from residents of the Blanchard Deer Run subdivision regarding a proposed private drug rehabilitation center at the Aduddell property which is also located in Blanchard. He also commented on the Carrie McKellips comments received. ITEM 17: ADJOURNMENT Motion was made by Gene Reid and seconded by Wayne McDoulett to adjourn. The motion unanimously passed and the meeting was adjourned at 9:48 p.m. Except for motions, the minutes only constitute an outline of discussion made by the Council/NPWA and legal advice by the City Attorney. Mayor Vice Mayor Council Member Council Member Council Member