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Home My WebLink About2021.10.05_City Council MinutesOWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, October 5, 2021 The Owasso City Council met in regular session on Tuesday, October 5, 2021, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 11, 2020; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 2:00 pm on Friday, October 1, 2021; and, the Addendum filed and posted on Monday, October 4, 2021, at 1:30pm. 1. Call to Order Mayor Bill Bush called the meeting to order at 6:30pm. 2. Roll Call Present Absent Mayor- Bill Bush None Vice Mayor - Kelly Lewis Councilor -Alvin Fruga Councilor- Doug Bonebrake Councilor- Lyndell Dunn A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi 3. Invocation The Invocation was offered by Dr. Jim Cinocca, Pastor, Owasso First United Methodist Church. 4. Flag Salute Councilor Alvin Fruga led the flag salute. S. Presentation of Character Trait of Thoroughness Chad Balthrop, Character Council Member, presented the character trait for the month of October. 6. Consideration and appropriate action relating to a request for an executive session, as provided for in Title 25, O.S. § 307(B)(4), for the purpose of discussing confidential communication between the City Council and its Attorney concerning the case of State of Oklahoma vs. Victor Manuel Castro - Huerta, a Petition for Writ of Certiorari filed in the United States Supreme Court, urging reconsideration of the McGirt ruling handed down by the United States Supreme Court Julie Lombardi presented the item, recommending the City Council enter into executive session. Mr. Bonebrake moved, seconded by Mr. Dunn to enter into executive session, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 At 6:36 pm, the City Council along with Warren Lehr, Chris Garrett, Julie Lombardi, Beth Anne Childs, and Dan Yancey, entered into executive session. At 7:21 pm, the City Council returned to open session. Owasso City Council October 5, 2021 Page 2 7. Consideration, discussion, and appropriate action following executive session, including direction to file an amicus brief, concerning the case of State of Oklahoma vs. Victor Manuel Castro - Huerta, a Petition for Writ of Certiorari filed in the United States Supreme Court, urging reconsideration of the McGirt ruling handed down by the United States Supreme Court Beth Anne Childs presented the item, requesting consideration of a proposal to retain counsel for the filing of an amicus brief in the case of State of Oklahoma vs. Victor Manuel Castro- Huerta, a Petition for Writ of Certiorari filed in the United States Supreme Court, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to retain counsel and authorize execution of all necessary documents, as requested. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 8. Consideration, discussion and appropriate action, including approval of an Operating Agreement for Detention Services Between the Cherokee Nation and the City of Owasso Beth Anne Childs presented the item, and discussion was held. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to approve the agreement. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 9. Consideration, discussion and appropriate action, including approval of a Memorandum of Agreement Between the Cherokee Nation and the City of Owasso, Oklahoma, a Municipal Corporation Beth Anne Childs presented the item, and discussion was held. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms, Lewis to approve the agreement. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matt ers listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes -September 21, 2021, Regular Meeting B. Approve claims C. Accept the Walmart Community Grant Award and approve a budget amendment in the General Fund, increasing the estimated revenue and the appropriation for expenditures in the Fire Department by $1,500.00 D. Accept the 2022 Safe Oklahoma Grant, authorize execution of the contract with the Oklahoma Attorney General's Office, and approve a budget amendment in the General Fund, increasing the estimated revenue and the appropriation for expenditures in the Police Department by $30,000.00 Mr. Dunn moved, seconded by Ms. Lewis to approve the Consent Agenda, as presented with claims totaling $168,867.33. YEA: Bonebrake, Dunn, Frugo, Lewis, Bush NAY: None Motion carried: 5 -0 Owasso City Council October 5, 2021 Page 3 11. Consideration and appropriate action relating to items removed from the Consent Agenda None 12. Consideration and appropriate action relating to bids received for the SK Heart Healthy Trail Project Larry Langford presented the item, recommending to award the base bid to Magnum Construction, Inc., of Broken Arrow, Oklahoma, in the amount of $295,592.00, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Fruga to award the bid and authorize execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 13. Consideration and appropriate action relating to a sole source purchase of traffic signal radar detection systems Larry Escalanta presented the item, recommending authorization for a sole source purchase of the Wavetronix SmartSensor Radar Systems from Wavetronix, of Provo, Utah, in the amount of $86,625.00. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Bonebrake to authorize the purchase, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 14. Consideration and appropriate action relating to the acquisition of right -of -way for the East 96th Street North Improvements from North 119th East Avenue to North 1291h East Avenue and an agreed variance from certain sections of the Owasso Zoning Code Roger Stevens presented the item, recommending authorization for payment in the amount of $25,700.00 to Chick- Fil -A, Incorporated, for the acquisition of right -of -way and damages, located at 12015 East 96th Street North; approval of the Agreed Variance between the City of Owasso and Chick- Fil -A, Incorporated; and, authorization to execute the agreement. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to authorize payment, approve the Agreed Variance, and authorize execution of the agreement, as recommended. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 15. Report from City Manager Warren Lehr introduced Roger Stevens to provide the monthly Public Works project status report. Mr. Lehr reported on the City's Comprehensive Annual Financial Report qualifying for the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting; and Oklahoma Department of Transportation's approved 8 -Year Plan for roadways and bridges in Owasso. 16. Report from City Attorney None 17. Report from City Councilors Mr. Bonebrake and Mr. Bush commented on the recent deaths of two current employees and one former employee of the Police Department. Mr. Fruga commented on the Tulsa Regional Chamber's DC Fly -In. Mr. Dunn commented on the Government Finance Officers Association Certificate of Achievement. Owasso City Council October 5, 2021 Page 4 18. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) The Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date September 25, 2021 • Health Care Self- Insurance Claims - dated as of September 30, 2021 19. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 20. Adjournment Ms. Lewis moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 and the meeting adjourned at 8:28 pm. fiH- Btishriota ' r KdlU LP—Lz s t Vice, 01u�ot- 7 G// (711 + ,Lehr, Warren Subject: 11� FW: Words From: Lombardi, Julie Sent: Tuesday, October 5, 20213:49 PM To: Lehr, Warren <wlehr @CityOfOwasso.com> Subject: Words The after effects of the McGirt decision have been enormous and have caused great disruption to our law enforcement and court systems. Tonight we are looking at two courses of action that may seem contradictory — we are discussing joining the Castro - Huerta Petition for Certiorari filed by the State of Oklahoma with the Supreme Court. This course of action seeks to overturn McGirt or limit the decision significantly. Second, we will be discussing two proposed agreements with the Cherokee Nation that would make the court process much easier and would provide some clarity with arrests and filing of charges. We greatly value our relationship with the Cherokee Nation and want to continue to seek solutions that value all lives and provide the best public safety for all of our residents. While changes to the McGirt decision might greatly benefit the City, it is very important that we continue building our relationship with the Cherokees and in no way let the City's involvement in the Castro - Huerta litigation negatively affect our interaction with them. Julie Trout Lom6ardi City Attorney City of Owasso PO Box 180 i