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HomeMy WebLinkAbout2009.11.03_City Council Minutes i OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, November 3, 2009 The Owasso City Cotmcil met in regular session on Tuesday, November 3, 2009 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, October 30, 2009. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:31 p.m. ITEM 2. INVOCATION The invocation was offered by Pastor Roger Ferguson, First Baptist Church; followed by a moment of silence far Eric Wiles. ITEM 3. FLAG SALUTE Mayor Cataudella led the flag salute. ITEM 4. ROLL CALL PRESENT ABSENT Steve Cataudella, Mayor None Doug Bonebrake, Vice Mayor Wayne Guevara, Councilor Bryan Stovall, Councilar 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 PATIENCE Ms. Michele Dempster, a member of the Owasso Character Council, presented to the Council "Initiative," the Character Trait of the Month far November, 2009. Owasso City Council November 3, 2009 ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION 1N THE CASE STYLED DOUG DRIVER VS. DAN YANCEY SCOTT CHAMBLESS AND MICHAEL DENTON, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307(B)(4). Mr. Bonebrake moved, seconded by Mr. Sinex, to enter into executive session. YEA: Bonebrake, Cataudella, Guevara, Stovall, Sinex NAY: None Motion carried 5-0. The City Council entered into executive session at 6:36PM. They returned from executive session at 6:51 PM. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COLJNCIL ADOPTION OF RESOLUTION NO. 2009-11, A RESOLUTION DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE TO BE HELD ON NOVEMBER 10, 2009 IN LITIGATION STYLED DOUG DRIVER V. DAN YANCEY. SCOTT CHAMBLESS AND MICHAEL DENTON, AND ADDITIONALLY GRANTING FULL AND F1NAL SETTLEMENT AUTHORITY IN THIS ACTION TO THE CITY MANAGER FOR PURPOSES OF THE SETTLEMENT CONFERENCE. Ms. Lombardi presented the item. Mr. Sinex moved, seconded by Mr. Bonebrake, to adopt ~ Resolution No. 2009-11, designating the City Manager as the settlement representative for the settlement conference to be held on November 10, 2009 in litigation styled Doug Driver v. Dan Yance_y, Scott Chambless and Michael Denton, and additionally granting full and final settlement authority in this action to the City Manager for purposes of the settlement conference. YEA: Bonebrake, Cataudella, Guevara, Stovall, Sinex NAY: None Motion carried 5-0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the October 20, 2009 Regular Meeting. B. Approval of Claims. C. Approval of Ordinance No. 949, an ordinance closing to the public use a 5' utility easement locateci within Lots Five, Six, and Seve», Block One, of the Parkview Addition Amended as requested by St. Henry Church. 2 Owasso Ciry Council November 3, 2009 D. Approval of Ordinance No. 950, an ordinance closing to the public use a portion of a 5' utility easement located within Lot Twenty-Eight, Block two, of Keys Landing I addition. E. Acceptance of the water and sanitary sewer systems for the Chailipion East and West residential developments to include 8,330 linear feet of 6" PVC water line; 1,135 linear feet of 10" PVC water line; 10 linear feet of 12" PVC water line; 9,185 linear feet of S" PVC sanitary sewer line; and 1,310 linear feet of 12" PVC sanitary sewer line. F. Acceptance of the streets and stonn drainage systems for the Chainpion East and West residential developments. G. Approval of Ordinance No. 951, an ordinance amending the Oklahoma Municipal Retirement Fund Defined Contribution Plan Joinder Agreement and Master Plan Document. Mr. Sinex moved, seconded by Mr. Guevara, to approve the Consent Agenda with claims totaling $139,402.48. Also included for review were the healthcare self-insurance claims report and the payroll payment report for pay periods 10/24/09. YEA: Bonebrake, Cataudella, Guevara, Stovall, Sinex NAY: None Motion carried 5-0. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action was required on this item. ITEM 10. PUBLIC HEARING - THE CITY COLINCIL WILL CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF RECENING COMMENTS AND CITIZEN 1NPUT RELATING TO PROPOSED ORDINANCE NO. 948, AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF PUBLIC RIGHT OF WAY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF E. 96TH STREET NORTH AND N. 129 T" EAST AVENUE IN THE CITY OF OWASSO. Mr. Dempster presented the item. Mayor Cataudella opened the floor for public comments. There were no comments inade. Mayor Cataudella closed the Public Hearing. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF ORDINANCE NO. 948, AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF PUBLIC RIGHT OF WAY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF E. 96 1'11 STREET NORTH AND N. 129 EAST AVENUE IN THE CITY OF OWASSO. 3 Owasso City Council November 3, 2009 Mr. Dempster presented the item, recommending Council approval of Ordinance No. 948, closing to the public use a portion of public right of way located at the southeast corner of E. 96t" Street North and N. 129r' East Avemie. Mr. Bonebrake moved, seconded by Mr. Guevara, for Council to approve Ordinance No. 948, as recommended. YEA: Bonebrake, Cataudella, Guevara, Stovall, Sinex NAY: None Motion carried 5-0. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL TO REVISE THE CONSTRUCTION CONTRACT BETWEEN THE CITY OF OWASSO AND PAVEMENT CONSERVATION SPECIALIST, INCORPORATED RESULTING IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $419,125. Mr. Feary presented the item, recommending City Council approval of the following revisions to the original contract between the City of Owasso and Pavement Conservation Specialist, Incorporated: authorize a revised scope of work for the FY 2008-2009 Street Rehabilitation Program, to include the area of E. 96t" Street North between the HWY 169 Overpass and existing concrete surface just west of the JC Penney site; a contract overrun in an amount not to exceed $150,000 for Type 1 base repair; and a change order to the existing contract in the amount of $10,000 for traffic control equipment needed during the repair project, for a revised total contract amolint of $419,125. Mr. Bonebrake moved, seconded by Mr. Stovall, for Council approval to revise the construction contract between the City of Owasso and Pavement Conservation Specialist, Incorporated, as recommended. YEA: Bonebrake, Cataudella, Guevara, Stovall, Sinex NAY: None Motion carried 5-0. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF OWASSO AND THE CITY OF COLLINSVILLE FOR JAIL SERVICES AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE AGREEMENT. Mr. Yancey presented the item, recommending City Cotincil approval of an interlocal agreement between the City of Owasso and the City of Colliiisville far the pLupose of providing jail services at a rate of $45 per day, per prisoner until Deceniber 31, 2010; and authorizatioii for the Mayor to execute the agreement. 4 Owasso City Council November 3, 2009 Mr. Guevara moved, seconded by Mr. Stovall, for Council approval of an interlocal agreement between the City of Owasso and the City of Collinsville and authorization for the Mayar to execute the jail services agreement, as recommended. YEA: Bonebrake, Cataudella, Guevara, Stovall, Sinex NAY: None Motion carried 5-0. ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL ACCEPTANCE OF A DONATION FROM THE OWASSO SENIOR CITIZENS FOUNDATION IN THE AMOUNT OF $20,624.45 AND APPROVAL OF A SUPPLEMENTAL APPROPRIATION 1NCREASING ESTIMATED REVENUES AND THE APPROPRIATION FOR EXPENDITURES IN THE GENERAL FUND, COMMUNITY CENTER BUDGET. Mr. Ray presented the item, recommending Council acceptance of a donation from the Owasso Senior Citizens Foundation in the amount of $20,624.45 and approval of a supplemental appropriation increasing estimated revenues and the appropriation for expenditures in the General Fund, Community Center Budget by $20,625. Mr. Stovall moved, seconded by Mr. Guevara, for Council acceptance of the donation and approval of a supplemental appropriation in the amount of $20,625, as recommended. YEA: Bonebrake, Cataudella, Guevara, Stovall, Sinex NAY: None Motion carried 5-0. ITEM 15. REPORT FROM CITY MANAGER Mr. Ray recognized the efforts of the City Team for surpassing their fiindraising goal in support of the Tulsa Area United Way and the members of the Owasso Fire Department for their efforts in fiindraising for the Muscular Dystrophy Association. Mr. Ray introduced Mr. Roger Stevens, Owasso Public Works Director. Mr. Stevens provided a status report of various capital improvements projects, a copy of which is attached to the minLites of the November 3, 2009 Council meeting. Mr. Ray introduced Jerry Fowler, Owasso Strong Neighborhood Coordinator. Mr. Fowler presented a status update on the Strong Neighborhood Initiative Program. Also discussed was the Oklahoma Department of Transportation's recent contract award to Becco Constrliction for the widening of HWY 169 from SH-244 to E. 56t" Street North. 5 ~ Owczsso City Coacncil November 3, 2009 ITEM 16. REPORT FROM CITY ATTORNEY No report. 1TEM 17. REPORT FROM CITY COUNCILORS City Gouncilors recognized the efforts of the city staff in the successful Harvest Festival and Chili Cook-off for 2009. ITEM 18. NEW BUSINESS None ITEM 19. ADJOURNMENT Mr. Bonebrake moved, seconded by Mr. Sinex, to adjourn the meeting. YEA: Bonebrake, Cataudella, Guevara, Stovall, Sinex NAY: None Motion carried 5-0 and the meeting was adjourned at 7:45 p.m. Stephen Cataudella, Mayor L" Juliann Stevens, Minute Clerk 6