Loading...
HomeMy WebLinkAbout2008.12.02_City Council MinutesOWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 2, 2008 The Owasso City Council met in regular session on Tuesday, December 2, 2008 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, November 28, 2008. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:33 p.m. ITEM 2. INVOCATION The invitation was offered by Dr. Andrew Rankin, Freedom Baptist Church ITEM 3. FLAG SALUTE Vice Mayor Gall led the flag salute. ITEM 4. ROLL CALL PRESENT ABSENT Steve Cataudella, Mayor D.J. Gall, Vice Mayor Doug Bonebrake, Councilor Wayne Guevara, Councilor Jon Sinex, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ITEM 5. PRESENTATION OF THE CHARACTER TRAIT OF THE MONTH Dee Sokolosky, a member of the Owasso Character Council, presented to the Council "Generosity," the Character Trait of the Month for December 2008. Owasso City Council December 2, 2008 ITEM 6. READING OF THE MAYOR'S PROCLAMATION Mayor Cataudella invited members of the Lady Rams Volleyball Team, along with their coaches, to the podium, congratulated them on winning the Class 6A State Volleyball Championship title, and then read a proclamation declaring December 5, 2008 "Lady Rams Volleyball Team Day" in the City of Owasso. ITEM 7. RECOGNITION OF THE CITY OF OWASSO EMPLOYEE OF THE QUARTER Mr. Ray introduced to the Council Stephanie Solenberger, HR Analyst and Coordinator of the City's United Way campaign, as the City of Owasso Employee of the Quarter for 4t'' Quarter, 2008. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the November 18, 2008 Regular Meeting. B. Approval of Claims. Mr. Bonebrake moved, seconded by Mr. Sinex, to approve the Consent Agenda with claims totaling $275,454.45. Also included for review were the healthcare self-insurance claims report and payroll payment report for pay period 11 /22/08. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5-0. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY MANAGER, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307(b)(1) Mayor Cataudella called for a motion. Mr. Bonebrake moved, seconded by Mr. Sinex, for Council to enter into an Executive Session. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5-0. Council moved to Executive Session at 6:44 p. m. and returned from Executive Session at 7:05 p. m. 2 Owasso City Council December 2, 2008 ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL CONSIDERATION OF AN AGREEMENT FOR SERVICES BETWEEN THE CITY OF OWASSO AND RODNEY J RAY Mayor Cataudella called for a motion. Mr. Bonebrake moved, seconded by Mr. Sinex, to adopt Amendment Number Three to the original employment agreement between the City of Owasso and Rodney J. Ray. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5-0. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CONTRACT BETWEEN THE CITY OF OWASSO AND THE OWASSO LAND TRUST FOR THE PURCHASE OF REAL PROPERTY CONTAINING 10.66 ACRES, MORE OR LESS, IN THE AMOUNT OF $1,159,785.60; AUTHORIZATION FOR PAYMENT OF THIS AMOUNT AND ALL REQUIRED CLOSING COSTS TO THE OWASSO LAND TRUST; AND, AUTHORIZATION FOR THE MAYOR TO EXECUTE THE PURCHASE CONTRACT AND ALL OTHER DOCUMENTS NECESSARY TO THE LAND PURCHASE Mr. Ray introduced Items 11, 12, and 13 together, recommending Council approval of the contract for purchase of 10.66 acres from the Owasso Land Trust; approval of the contract for purchase of 14.64 acres from the H. Allen and Doris L. Robinson Trust; and, authorization for payment of all closing costs required to complete the transactions and authorization of the Mayor to execute all documents necessary for the land purchases. Mr. Ray further recommended Council approve the proposed donation agreement to convey real property between the City of Owasso and Tulsa Technology Center and authorize the Mayor to execute such agreement. Dr. Kara Gae Neal, Superintendent of Tulsa Technology Center, addressed the Council and presented an overview of Tulsa Tech and the proposed plans and purpose for the Owasso campus. Citizens who addressed the Council in favor of the City's purchase of land and subsequent donation of land to Tulsa Tech were Phil Thompson, David Vines, Rickey Hayes, Brian Green, Tracy Townsend representing the Fraternal Order of Police, James Hess, Gary Akin, Jason Drake, David Charney, Danny Ewing and Bryan Spriggs. Citizens who addressed the Council in opposition to the City's purchase of land and subsequent donation of land to Tulsa Tech were Charles Brown, Rob Haskins, Cory Capps, Kenneth Yates and J.B. Alexander. 3 Owasso City Council December 2, 2008 After Council discussion, Mayor Cataudella called for a motion for Item 11. Mr. Guevara moved, seconded by Mr. Bonebrake, for Council approval of a contract between the City of Owasso and Owasso Land Trust for the purchase of real property containing 10.66 acres, more or less, in the amount of $1,159, 785.60; authorization for payment of this amount and all required closing costs to the Owasso Land Trust, and, authorization for the Mayor to execute the purchase contract and all other documents necessary to the land purchase. YEA: Bonebrake, Cataudella, Guevara, Sinex NAY: Gall Motion carried 4-1. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CONTRACT BETWEEN THE CITY OF OWASSO AND H. ALLEN AND DORIS L. ROBINSON TRUST FOR THE PURCHASE OF REAL PROPERTY CONTAINING 14.64 ACRES, MORE OR LESS, IN THE AMOUNT OF $1,913,155.20; AUTHORIZATION FOR PAYMENT OF THIS AMOUNT AND ALL REQUIRED CLOSING COSTS TO THE H. ALLEN AND DORIS L. ROBINSON TRUST; AND, AUTHORIZATION FOR THE MAYOR TO EXECUTE THE PURCHASE CONTRACT AND ALL OTHER DOCUMENTS NECESSARY TO THE LAND PURCHASE Mr. Bonebrake moved, seconded by Mr. Guevara, for Council approval of a contract between the City of Owasso and H. Allen and Doris L. Robinson Trust for the purchase of real property containing 14.64 acres, more or less, in the amount of $1,913,155.20; authorization for payment of this amount and all required closing costs to the H. Allen and Doris L. Robinson Trust, and, authorization for the Mayor to execute the purchase contract and all other documents necessary to the land purchase. YEA: Bonebrake, Cataudella, Guevara, Sinex NAY: Gall Motion carried 4-1. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A DONATION AGREEMENT OF REAL PROPERTY BETWEEN THE CITY OF OWASSO AND TULSA TECHNOLOGY CENTER SCHOOL DISTRICT FOR THE PURPOSE OF CONSTRUCTING THE OWASSO TULSA TECH CAMPUS; AND, AUTHORIZATION FOR THE MAYOR TO EXECUTE SUCH AGREEMENT. 4 Owasso Ciry Council December 2, 2008 Mr. Sinex moved, seconded by Mr. Bonebrake, to approve the donation agreement of real property between the City of Owasso and Tulsa Technology Center School District for the purpose of constructing the Owasso Tulsa Tech Campus and authorization for the Mayor to execute such agreement. YEA: Bonebrake, Cataudella, Guevara, Sinex NAY: Gall Motion carved 4-1. ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO. 2008-07, A RESOLUTION APPROVING THE INCURRENCE OF INDEBTEDNESS BY THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY") ISSUING ITS SALES TAX REVENUE NOTE, SERIES 2008 (THE "NOTE"); PROVIDING THAT THE ORGANIZATIONAL DOCUMENT CREATING THE AUTHORITY IS SUBJECT TO THE PROVISIONS OF THE NOTE INDENTURE, AUTHORIZING THE ISSUANCE OF SAID NOTE; WANING COMPETITIVE BIDDING WITH RESPECT TO THE SALE OF SAID NOTE AND APPROVING THE PROCEEDINGS OF THE AUTHORITY PERTAINING TO THE SALE OF SAID NOTE; RATIFYING AND CONFIRMING A SALES TAX AGREEMENT BY AND BETWEEN THE CITY OF OWASSO ,OKLAHOMA (THE "CITY") AND THE AUTHORITY PERTAINING TO THE YEAR-TO-YEAR PLEDGE OF CERTAIN SALES TAX REVENUES; ESTABLISHING THE CITY'S REASONABLE EXPECTATION WITH RESPECT TO THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY OR ON BEHALF OF SAID CITY IN CALENDAR YEAR 2008, AND DESIGNATING THE NOTE AS A QUALIFIED TAX-EXEMPT OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATING THERETO Ms. Bishop presented the item, recommending Council approval of City Resolution No. 2008-07 approving the incurrence of debt by the Owasso Public Works Authority and containing other related provisions. Citizens who addressed the Council regarding this item were Charles Brown and Rob Haskins. Mr. Bonebrake moved, seconded by Mr. Guevara, for Council approval of City Resolution No. 2008-07, as recommended. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5-0. 5 Owasso City Council December 2, 2008 ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF ORDINANCE NO. 934, AN ORDINANCE FORMALLY APPROVING ANNEXATION OA 07-08, CONSISTING OF APPROXIMATELY 990 ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF EAST 76TH STREET NORTH AND NORTH 161St EAST AVENUE, SUCH PROPERTY BEING WITHIN STONE CANYON, A PLANNED UNIT DEVELOPMENT Mr. Wiles presented the item, recommending Council approval of Ordinance No. 934, an ordinance formally approving Annexation OA 07-08. Citizens who addressed the Council in favor of Ordinance No. 934 were Brian Green, Jason Drake and David Charney. Citizens who made statements regarding the annexation were Rob Haskins and J.B. Alexander. Mr. Guevara moved, seconded by Mr. Bonebrake, for Council approval of Ordinance No. 934, as recommended. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5-0. ITEM 16. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO. 2008-06, A RESOLUTION DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE TO BE HELD ON DECEMBER 3, 2008 IN THE LITIGATION STYLED KERRY SEAMAN V JAROD MITCHELL NANCY BELL MIKE DENTON, JASON WOODRUFF AND LEM MUTII, AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS ACTION TO THE CITY MANAGER FOR PURPOSES OF THE SETTLEMENT CONFERENCE Ms. Lombardi presented the item, recommending Council adoption of Resolution No. 2008-06 designating the City Manager as the Settlement Representative for the settlement conference in the litigation styled Kerry Seaman v Jarod Mitchell, Nancy Bell, Mike Denton, Jason Woodruff and Lem Mutii, and also granting full and final settlement authority in this action to the City Manager for purposes of the Settlement Conference. Mr. Guevara moved, seconded by Mr. Bonebrake, for Council adoption of Resolution No. 2008- 06, as recommended. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5-0. 6 Owasso City Council December 2, 2008 ITEM 17. PUBLIC HEARING. The City Council will conduct a public hearing for the purpose of receiving citizen comments and input relating to proposed capital improvement projects to be funded by the third penny sales tax. The Public Hearing was held for the purpose of receiving comments and citizen input regarding a recommendation from the Owasso Capital Improvements Projects Committee to the City Council to amend the Capital Improvements Projects Priority List; more specifically, to include the extension of service roads along Hwy 169 and the procurement of a capital projects design consultant. Mayor Cataudella opened the floor for discussion. Two citizens addressed the Council regarding the item. Mayor Cataudella then closed the Public Hearing. ITEM 18. REPORT FROM CITY MANAGER Mr. Ray reported to the Council the apparent success of Black Friday sales in Owasso. ITEM 19. REPORT FROM CITY ATTORNEY Ms. Lombardi reported to the Council regarding the litigation of Tax Partners versus the City of Owasso that the Request for Summary Judgment had been awarded to the plaintiff. Ms. Lombardi would keep the Council advised of settlement. Ms. Lombardi also reported to Council that she had issued an Attorney's Opinion on the procedural question that had been brought up at the November 18, 2008 Council session regarding the reading of Ordinances. ITEM 20. REPORT FROM CITY COUNCILORS The councilors thanked the citizens present for speaking out. ITEM 21. NEW BUSINESS None 7 Owasso City Council ITEM 22. ADJOURNMENT Mr. Bonebrake moved, seconded by Mr. Sinex, to adjourn. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5-0 and the meeting was adjourned at 9:59 p.m. December 2, 2008 -~+~~ D.J.~Gall, Vice Mayor Pat Fry, Minute Clerk 8