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HomeMy WebLinkAbout2020.08.04_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK TUESDAY, AUGUST 4, 2020 - 6:30 PM AGENDA 1. Call to Order Mayor Bill Bush 2. Invocation Senior Pastor David Payne, Christ's Church of Owasso 3. Flag Salute 4. Roll Call S. Presentation of the Character Trait of Punctuality Leslie Clark, Character Council Member RECEIVED JUL 31 2010 City Clerk's Office 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters 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 - July 21, 2020, Regular Meeting B. Approve claims C. Accept a donation from the Cherokee Nation and approve a budget amendment increasing revenues in the General Fund by $3,500.00, and increasing the appropriation for expenditures in the fire department budget by $3,500.00 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Citizen request to address the City Council regarding the COVID -19 Pandemic and public health Ciara Locker 9. Consideration and appropriate action relating to Ordinance 1170, Part 10, Offenses and Crimes, Chapter 3, Offenses Against the Public, of the Code of Ordinances, repealing various sections and creating Chapter 10, Noise Beth Anne Childs Staff recommends adoption of Ordinance 1170. 10. Consideration and appropriate action relating the acquisition of a roadway easement for the East 116th Street North from Mingo to Garnett Road Roadway Improvement Project Roger Stevens Staff recommends authorization for payment to Charles A. Gray and Rebecca A. Gray in the amount of $26,800.00, for the acquisition of a roadway easement located at 11706 North 97th East Avenue. Owasso City Council August 4, 2020 Page 2 11. Consideration and appropriate action relating to Resolution 2020 -15, retaining legal services to defend the City in litigation filed in the United States District Court for the Northern District of Oklahoma and styled Tayleur Raye Pickup et al. v. City of Owasso et af., 20 -CV- 346- JED -FHM Julie Lombardi Staff recommends approval of Resolution 2020 -15, retaining Keith Wilkes of the firm Hall Estill to represent the City in the lawsuit. 12. Report from City Manager Monthly Public Works Project Status Report 13. Report from City Attorney 14. Report from City Councilors 15. Official Notices to Council (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - pay period ending date July 18, 2020 • Health Care Self- Insurance Claims - dated as of July 30, 2020 • Oklahoma Department of Environmental Quality Permit No. SL000072200395 for A New Leaf -The Village • Oklahoma Department of Environmental Quality Permit No. ST000072200147 for Phase I of the Wastewater Treatment Plant and Main Lift Station Expansion Project 16. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 17. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 13, 2019, and the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, July 31, 2020. iann M. Stev s, City Clerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 -376 -1502 or by email to istevens@cifyofowasso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July 21, 2020 The Owasso City Council met in regular session on Tuesday, July 21, 2020, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 13, 2019; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, July 17, 2020. 1. Call to Order Mayor Bill Bush called the meeting to order at 6:30pm. 2. Invocation The Invocation was offered by Pastor Doug Johnson of Beacon Hill Baptist Church. 3. Flag Salute Councilor Bonebrake led the flag salute. 4. Roll Call Present Absent Mayor - Bill Bush Councilor -Chris Kelley Vice Mayor- Kelly Lewis Councilor - Doug Bonebrake Councilor - Lyndell Dunn A quorum was declared present. Staff: City Manager- Warren Lehr City Attorney - Julie Lombardi 5. Presentation of Employee of the Quarter Warren Lehr presented the item, recognizing the following employees: Shellie Wingert, Economic Development Coordinator; Janet Jackson, Court Clerk; Heather Stewart, Managerial Support, and Juliann Stevens, City Clerk. 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (Ail matters 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 - July 7, 2020, and July 14, 2020, Regular Meetings B. Approve claims C. Accept the 2020 Community Development Block Grant (CDBG) and approve a budget amendment in the Capital Improvements Grants Fund, increasing estimated revenues and the appropriation for expenditures by $8,053.33 Ms. Lewis moved, seconded by Mr. Bonebrake to approve the Consent Agenda, as presented, with claims totaling $1,317,448.83. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 Consideration and appropriate action relating to items removed from the Consent Agenda None Owasso City Council July 21, 2020 Page 2 8. Citizen request to address the City Council regarding the COVID -19 Pandemic and public health This item was removed from the agenda at the request of the citizen. Consideration and appropriate action relating to the Community Oriented Policing Services (COPS) Grant and budget amendments Jason Woodruff presented the item, recommending acceptance of the grant in the amount of $750,000.00, authorization to execute documents related to acceptance of the funds, approval of a budget amendment in the General Fund, increasing revenues and the appropriation for expenditures in the Police Services department by $250,000.00, and approval of a budget amendment in the Half -Penny Police Fund increasing the appropriation for expenditures by $300,000.00 by utilizing carryover funds from FY 2019 -2020. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to accept the grant, authorize execution of documents, and approve the budget amendments, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 10. Consideration and appropriate action relating to a Final Plat for 13000 Center, 2.77 acres located south and east of the East 96th Street North and North 129th East Avenue intersection Karl Fritschen presented the item, recommending approval of the Final Plat for 13000 Center. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Dunn to approve the Final Plat, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 11. Consideration and appropriate action relating to a final plat for MedWise Urgent Care, 0.937 acres located north and east of the East 116th Street North and North 129th East Avenue intersection Alexa Beemer presented the item, recommending approval of the Final Plat for MedWise Urgent Care. There were no comments from the audience to approve the Final Plat, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 Ms. Lewis moved, seconded by Mr. Bonebrake 12. Consideration and appropriate action relating to an engineering services agreement for the Redbud District Drainage Study Daniel Dearing presented the item, recommending approval of the Agreement for Engineering Services for the Redbud District Drainage Study with Meshek and Associates, LLC, of Tulsa, Oklahoma, in the amount of $34,200.00, and authorization to execute the agreement. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to approve and execute the agreement, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 Owasso City Council July 21, 2020 Page 3 13. Consideration and appropriate action relating to bids received for the 2020 Elm Creek Park Pond Improvement Project Roger Stevens presented the item, recommending to award the construction bid to Native Plains Excavation & Contracting LLC, of Bixby, Oklahoma, in the amount of $891,391.01, and authorization to execute the necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to award the bid and authorize execution of the documents, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 14. Consideration and appropriate action relating to the acquisition of a roadway easement for the East 116th Street North Improvement Project from Garnett Road to North 129th East Avenue Roger Stevens presented the item, recommending authorization for payment to Pradeep and Bhagwati Narotam, in the amount of $46,653.75, for the acquisition of a roadway easement located at 12506 East 1 16th Street North. There were no comments from the audience. Ms. Lewis moved, seconded by Mr. Dunn to authorize payment, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 15. Consideration and appropriate action relating to the acquisition of right -of -way and easement for the East 116th Street North from Mingo to Garnett Road Roadway Improvement Project Roger Stevens presented the item, recommending authorization for payment to WS Watson, Inc., in the amount of $36,540.00, for the acquisition of right -of -way, permanent easement, and compensation for damages, located at 1 1 1 1 1 East 1 16th Street North. There were no comments from the audience. Mr. Bonebrake moved, seconded by Ms. Lewis to authorize payment, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 16. Consideration and appropriate action relating to a Quit Claim Deed for the transfer of right - of -way and establishment of a utility easement at 108 West Ist Avenue Roger Stevens presented the item, recommending approval of a Quit Claim Deed, transferring 4,832 square feet of right -of -way to Brogran, LLC, located at 108 West 1st Avenue, to establish a utility easement within the same footprint as the right -of -way, and authorization for the Mayor to execute the necessary documents. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Dunn to approve the Quit Claim Deed, establish the utility easement, and authorize execution of the documents, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 Owasso City Council July 21, 2020 Page 4 17. Consideration and appropriate action relating to Case No. CJ- 2019 -3361, City of Owasso v. Scruffy Properties, LLC, condemnation procedures to obtain property located at 11585 North Garnett Road, Owasso, Oklahoma Julie Lombardi presented the item, recommending authorization for payment to the District Court of Tulsa County of the Commissioners' Award in the amount of $440,000.00, Commissioners' Fees in the amount of $6,000.00, poundage and such other fees and costs as necessary to take possession of the land. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Bonebrake to authorize payment, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 18. Consideration and appropriate action relating to Case No. CJ- 2019 -3110, City of Owasso v. Keys Plus Properties, LLC, condemnation procedures to obtain property located at 11625 North 113th East Avenue, Owasso, Oklahoma Julie Lombardi presented the item, recommending authorization for payment to the District Court of Tulsa County of the Commissioners' Award in the amount of $405,000.00, Commissioners' Fees in the amount of $6,000.00, poundage and such other fees and costs as necessary to take possession of the land. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to authorize payment, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 19. Report from City Manager Mr. Lehr reported on the COVID -19 Pandemic, and a recent Fire Fighter 2 training class held at the Owasso Public Safety Training Facility 20. Report from City Afforney None 21. Report from City Councilors Mayor Bush welcomed Keith Whitfield to the Capital Improvements Committee, Councilors commented on the COVID-19 Pandemic and sales tax revenue. 22. Official Notices to Council (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 July 4,2020 • Health Care Self- Insurance Claims - dated as of July 16, 2020 • Monthly Budget Status Report - June 2020 23. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None Owasso City Council July 21, 2020 Page 5 24. Adjournment Ms. Lewis moved, seconded by Mr. Bonebrake to adjourn the meeting. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:39 pm. Bill Bush, Mayor Juliann M. Stevens, City Clerk Fund O1 Claims List - 8/4/2020 Vendor Name GENERAL JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK Payable Description Payment Amount ADVANCE IND -MASKS $630.00 AMAZON - SUPPLIES $1,102.73 ANCHOR - SUPPLIES $5.30 CDW- CASES /CHARGES $370.00 CDW- TABLETS $10,329.95 CDW - WARRANTIES $1,985.00 MURPHY - SANITIZER $456.00 OFFICE DEPOT -MASKS $32.65 OFFICE DEPOT - SANITIZE $19.98 SAMS -MASKS $37.96 SAMS - SUPPLIES $37.96 FEMA COVID -19 -Total $15,007.53 AT &T CONSOLIDATED PHONE $30.94 JPMORGAN CHASE BANK AMAZON - SUPPLIES $1,565.67 JPMORGAN CHASE BANK AMAZON - UNIFORM $271.96 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $147.86 JPMORGAN CHASE BANK INTERSTATE - SUPPLIES $19.35 JPMORGAN CHASE BANK LOWES- SUPPLIES $356.37 JPMORGAN CHASE BANK SAV ON- SUPPLIES $20.00 JPMORGAN CHASE BANK SHOE CARNIVAL - UNIFORM $104.99 ROSERUSH SERVICES, LLC SHELTER PRO SOFTWARE $920.00 UPGR GEN ANIMAL CONTROL -Total $3,437.14 SPOK, INC. PAGER USE $8.98 UNIFIRST HOLDINGS LP UNIFORM SERVICE $19.32 GEN CEMETERY -Total $28.30 JPMORGAN CHASE BANK DALE &LEES - SERVICE $132.00 JPMORGAN CHASE BANK LOCKE- SUPPLILES $34.99 JPMORGAN CHASE BANK SAMS - SUPPLIES $102.88 SUMNERONE INC CONTRACT BASE CHARGE FOR $151.00 SUMNERONE INC COPIER CHARGE $33.28 GEN COMMUNITY CENTER -Total $454.15 FELKINS ENTERPRISES, LLC BUSINESS CARDS $60.00 JPMORGAN CHASE BANK CDW- REFUND ($250.00) JPMORGAN CHASE BANK ICC -FEE $219.00 GEN COMMUNITY DEVELOPMENT -Total $29.00 JPMORGAN CHASE BANK 2ND GEN -TOOLS $510.63 JPMORGAN CHASE BANK ATWOODS -STRAP $9.96 JPMORGAN CHASE BANK CANVA- SOFTWARE $12.95 JPMORGAN CHASE BANK CORNERSTONE -KEYS $35.49 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $58.78 Fund O1 Claims List - 8/4/2020 Vendor Name GENERAL JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK Payable Description Payment Amount EWING IRG -PARTS $239.03 HOBBY LOBBY- FRAMES $125.21 HOBBY LOBBY- REFUND ($47.31) HOBBY LOBBY - SUPPLIES $12.97 HOME DEPOT - SUPPLIES $35.42 LOCKE -PARTS $5.38 LOWES -PARTS $17.98 LOWES- RETURN ($13.94) LOWES- SUPPLIES $174.79 OFFICE DEPOT- SUPPLIES $266.25 P &K- BLADES $23.90 SAMS -MASKS $18.98 SAV ON -SIGNS /DECALS $294.00 GEN CULTURE & RECREATION -Total $1,780.47 JPMORGAN CHASE BANK MEETING EXPENSE $25.76 GEN ECONOMIC DEV -Total $25.76 JPMORGAN CHASE BANK AMAZON - KEYBOARDS $45.98 JPMORGAN CHASE BANK DAVIS -FEES $47.40 GEN EMERG PREPAREDNESS -Total $93.38 UNIFIRST HOLDINGS LP UNIFORM SERVICE $30.40 UNITED STATES CELLULAR PW MONTHLY CELL PHONE INV $49.76 CORPORATION GEN ENGINEERING -Total $80.16 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $16.68 SUMNERONE INC COPIER SERVICE $48.30 GEN FINANCE -Total $64.98 AT &T CONSOLIDATED PHONE $814.62 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES $5,100.00 IMPERIAL LLC COFFEE $145.55 JPMORGAN CHASE BANK ADMIRAL EXP -PAPER $60.00 JPMORGAN CHASE BANK CRATERS - SUPPLIES $616.77 JPMORGAN CHASE BANK SUNDANCE- SUPPLIES $42.59 TREASURER PETTY CASH POSTAGE $200.00 GEN GENERAL GOVERNMENT -Total $6,979.53 EMTEC PEST CONTROL, INC PEST CONTROL $200.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $26.92 GEN HISTORICAL MUSEUM -Total $226,92 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $67.10 GEN HR - CHAR INITIATIVE -Total $67.10 JPMORGAN CHASE BANK AMAZON- TEXTBOOK $69.74 2 Claims List - 8/4/2020 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK FACESOOK- ADVERT $31.95 JPMORGAN CHASE BANK FINANCIAL EQUIP - MAINT $410.00 JPMORGAN CHASE BANK GALLUP -EMP DEV $19,99 JPMORGAN CHASE BANK GIANT TV -EMP DEV $305.43 JPMORGAN CHASE BANK IPMA- TRAINING $999.00 JPMORGAN CHASE BANK LINKEDIN- ADVERT $327.00 JPMORGAN CHASE BANK NEXTCARE- TESTING $330.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $6.29 JPMORGAN CHASE BANK SUNDANCE- SUPPLIES $25.58 SUMNERONE INC COPIER CONTRACT HR $280.00 SUMNERONE INC COPIER OVERAGE CHARGE 19! $9.43 GEN HUMAN RESOURCES -Total $2,814.41 AT &T CONSOLIDATED PHONE $23.12 AT &T MOBILITY PUBLIC SAFETY WIRELES $80.08 CHICKASAW TELECOM INC ANNUAL CISCO MAINTENANCE $14,306.72 JPMORGAN CHASE BANK AMAZON -EQUIP $2,984.89 JPMORGAN CHASE BANK AMAZON -HARD DRIVE $386.96 JPMORGAN CHASE BANK ASSET RECVR -EQUIP $199.00 JPMORGAN CHASE BANK CDW- BATTERY $1,024.19 JPMORGAN CHASE BANK COX - SERVICE $701.93 JPMORGAN CHASE BANK CYBERTRONYX -EQUIP $517.17 JPMORGAN CHASE BANK DELL -DELL SERVER $7,212.66 JPMORGAN CHASE BANK DELL -RENEW FEE $5,743.32 JPMORGAN CHASE BANK LIEBERT -EQUIP $1,457.25 JPMORGAN CHASE BANK OCEAN ENT -EQUIP $512.91 JPMORGAN CHASE BANK SURPLUS -PTP RADIOS $7,844.00 JPMORGAN CHASE BANK SURVEY MONKEY -RENEW F $384.00 GEN INFORMATION TECH -Total $43,378.20 JPMORGAN CHASE BANK EMPLOYEE RECOG $100.00 JPMORGAN CHASE BANK EVNTBRIGHT -CMAO TRAIN $295.00 JPMORGAN CHASE BANK MEETING EXPENSE $106.26 JPMORGAN CHASE BANK TULSA CO -MEMB FEE $150.00 TREASURER PETTY CASH NOTARY - STEVENS $20.00 GEN MANAGERIAL -Total $671.26 JPMORGAN CHASE BANK SAMS- SUPPLIES $7.98 UNIFIRST HOLDINGS LP SHIRTS $313.77 GEN MUNICIPAL COURT -Total $321.75 AT &T CONSOLIDATED PHONE $13.60 G.W. ELECTRIC CO. SPORTS COMPLEX - GREEN FI $162.50 JPMORGAN CHASE BANK ALL MAINT SPLY- SUPPLI $451.60 JPMORGAN CHASE BANK ATWOODS -BOOTS $100.98 3 Fund Claims List - 814/2020 Vendor Name O1 GENERAL JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK UNIFIRST HOLDINGS LP VERDIGRIS VALLEY ELECTRIC COOP WASHINGTON CO RURAL WATER DISTRICT Payable Description Payment Amount ATWOODS- GLOVES $11.99 ATWOODS- UNIFORM $230.97 BERTREM -PUMP REPLCE $3,130.60 CORNERSTONE -HOSE $49.98 CORNERSTONE - SUPPLIES $68.86 P &K -PARTS $122.12 PARKS STAFF UNIFORMS $99.72 PARKS ELECTRIC $117.96 MCCARTY PRK WATER $36.00 GEN PARKS -Total $4,596.88 AT &T CONSOLIDATED PHONE $319.12 JPMORGAN CHASE BANK APCO- TRAINING $135.00 JPMORGAN CHASE BANK TROPHY &PLAQUE- AWARDS $135.00 JPMORGAN CHASE BANK ZIEGLER- AWARD /RECOG $100.00 TREASURER PETTY CASH NOTARY - WATSON $20.00 GEN POLICE COMMUNICATIONS -Total AMAZON -TOOL $709.12 SPOK, INC. PAGER USE $75,84 UNIFIRST HOLDINGS LP UNIFORM SERVICE $152.36 GEN STORMWATER -Total $2P8.Y0 918 CONSTRUCTION, LLC ROOF REPAIRS $3,550.00 AT &T CONSOLIDATED PHONE $46.23 DALE & LEES SERVICE, INC HVAC $8,972.00 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $30.00 JPMORGAN CHASE BANK AMAZON -PARTS $15.54 JPMORGAN CHASE BANK AMAZON -TOOL $37.22 JPMORGAN CHASE BANK KIMBALL - LIGHTS $26.05 JPMORGAN CHASE BANK LOCKE -LIGHT BULB $1.46 JPMORGAN CHASE BANK LOCKE- LIGHTING $24.68 JPMORGAN CHASE BANK LOCKE- REPAIRS $69,88 JPMORGAN CHASE BANK LOWES- SUPPLIES $45.34 JPMORGAN CHASE BANK LOWES -VALVE $13.98 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $35.78 JPMORGAN CHASE BANK PATCH BOYS- REPAIR $2,582.15 JPMORGAN CHASE BANK SAMS- SUPPLIES $99.50 JPMORGAN CHASE BANK SUMNER ONE -MNTH SVC $71.85 JPMORGAN CHASE BANK SUNDANCE - SUPPLIES $25.58 JPMORGAN CHASE BANK WALMART- UNIFORM $40.50 JPMORGAN CHASE BANK WALMART - UNIFORMS $40.50 UNIFIRST HOLDINGS LP UNIFORM RENTAL $23.60 GEN SUPPORT SERVICES -Total $15,751.84 M Fund Claims List - 814/2020 Vendor Name Payable Description Payment Amount 01 GENERAL TREASURER PETTY CASH CC REFUND -ROSS $50.00 TREASURER PETTY CASH CRYWOLF REF - CHAINAKUL $30.00 GENERAL -Total $80.00 STRONGHAND LLC OC PARKING LOT IMPROVEMEN $40,839.18 OLD CENTRAL PARKING LOT -Total $40,839.18 GENERAL -Total $137,665.26 20 AMBULANCE SERVICE JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $484.35 JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK ZOLL MEDICAL CORP CLASSIC CHEVY - SEATBEL $288.20 HENRY SCHEIN- SUPPLIES $240.84 LIFE ASSIST - SUPPLIES $1,508.70 OFFICE DEPOT - SUPPLIES $148.73 OREILLY - HEADLIGHT $16.23 S ANESTHESIA - SUPPLIES $2,607.90 ZOLL- WARRANTY $4,200.00 AUTO PULSESIVENTILATORS /X $15,677.95 AMBULANCE -Total $25,172.90 AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES $133.25 TREASURER PETTY CASH AMB SUB REF - CLAWSON $1.00 TREASURER PETTY CASH SR AMB DISC - STURGEON $20.40 JPMORGAN CHASE BANK JPMORGAN CHASE BANK CONSTANT -RENEW FEE $702.75 MEETING EXPENSE $86.10 HOTEL TAX ECON DEV -Total $8,738.85 JPMORGAN CHASE BANK AMAZON -STAMP $14.98 JPMORGAN CHASE BANK HOME DEPOT - LAWNMOWER $449.00 KEEP OKLAHOMA BEAUTIFUL INC ANNUAL AFFILIATION DUES $200.00 STRONG NEIGHBORHOODS -Total $663.98 HOTELTAX -Total $9,402.83 27 STORMWATER MANAGEMENT UNIFIRST HOLDINGS LP UNIFORM SERVICE $11.98 UNITED STATES CELLULAR PW MONTHLY CELL PHONE INV $33.78 CORPORATION USGS NATIONAL CENTER MS 270 SURFACE WATER STATION $4,300.00 STORMWATER- STORMWATER -Total $4,345.76 STORMWATER MANAGEMENT -Total $4,345.76 AMBULANCE SERVICE -Total $154.65 AMBULANCE SERVICE -Total $25,327.55 21 E -911 INCOG -E911 E911 ADMIN SVC FEES $7,943.57 E911 COMMUNICATIONS -Total $7,943.57 E -911 -Total $7,943.57 25 HOTEL TAX GIS WEBTECH LLC RENEWAL FOR GIB WEBTECH $7,950.00 W JPMORGAN CHASE BANK JPMORGAN CHASE BANK CONSTANT -RENEW FEE $702.75 MEETING EXPENSE $86.10 HOTEL TAX ECON DEV -Total $8,738.85 JPMORGAN CHASE BANK AMAZON -STAMP $14.98 JPMORGAN CHASE BANK HOME DEPOT - LAWNMOWER $449.00 KEEP OKLAHOMA BEAUTIFUL INC ANNUAL AFFILIATION DUES $200.00 STRONG NEIGHBORHOODS -Total $663.98 HOTELTAX -Total $9,402.83 27 STORMWATER MANAGEMENT UNIFIRST HOLDINGS LP UNIFORM SERVICE $11.98 UNITED STATES CELLULAR PW MONTHLY CELL PHONE INV $33.78 CORPORATION USGS NATIONAL CENTER MS 270 SURFACE WATER STATION $4,300.00 STORMWATER- STORMWATER -Total $4,345.76 STORMWATER MANAGEMENT -Total $4,345.76 Claims List - 8/4/2020 Fund Vendor Name Payable Description Payment Amount 31 AMBULANCE CAPITAL TREASURER PETTY CASH SR AMB DISC - STURGEON $3.60 AMBULANCE CAPITAL -Total $3.60 AMBULANCE CAPITAL •Total $3.60 34 VISION TAX TATE BOYS LLC ROW ACQUISITION $10,225.00 VSN RECAP 96TH1119 -129TH -Total $10,225.00 VISION TAX -Total $10,225.00 37 SALES TAX FIRE AT &T CONSOLIDATED PHONE $27.20 DALE & LEES SERVICE, INC A/C UNIT $9,374.00 FIRST RESPONDER SUPPORT SERVICES BEHAVIORAL HEALTH SERVICE $9,055.11 JPMORGAN CHASE BANK 5.11 TACTICAL - UNIFORM $127.98 JPMORGAN CHASE BANK ADVANCE AUTO -TOOLS $12.58 JPMORGAN CHASE BANK AMAZON -TOOLS $8.99 JPMORGAN CHASE BANK ATWOODS -LAWN MAINT $656.83 JPMORGAN CHASE BANK ATWOODS -OIL $33.99 JPMORGAN CHASE BANK ATWOODS -PARTS $12.99 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $75.99 JPMORGAN CHASE BANK BIG POPPYS - UNIFORMS $461.00 JPMORGAN CHASE BANK CHEWY.COM -K9 FOOD $50.53 JPMORGAN CHASE BANK CONRAD- SUPPLIES $1,611.72 JPMORGAN CHASE BANK CONSOLIDATED - TESTING $2,046.80 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $22.63 JPMORGAN CHASE BANK CORNERSTONE -SVC $5.50 JPMORGAN CHASE BANK FROGGYS - TRAINING SPLY $1,199.98 JPMORGAN CHASE BANK HOME DEPOT - MATERIALS $27.60 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $420.35 JPMORGAN CHASE BANK HYLETE -SHOES $94,99 JPMORGAN CHASE BANK LOCKE- FILTERS $42.10 JPMORGAN CHASE BANK LOCKE -TANK $23.82 JPMORGAN CHASE BANK LOWES- EQUIPMENT $82.96 JPMORGAN CHASE BANK LOWES-EXT CORDS $15.24 JPMORGAN CHASE BANK LOWES- SUPPLIES $41.36 JPMORGAN CHASE BANK LOWES -TOOL BAG $132.87 JPMORGAN CHASE BANK NSC- SAFETY VESTS $379.52 JPMORGAN CHASE BANK NSC- SERVICE $567.10 JPMORGAN CHASE BANK OK FIRE CHEIFS -MEMB F $216.00 JPMORGAN CHASE BANK OREILLY -FLOOR DRY $49.95 JPMORGAN CHASE BANK OREILLY- REPAIR $15.89 JPMORGAN CHASE BANK OREILLY- TRAILER $19.99 JPMORGAN CHASE BANK OVERHEAD DOOR - REPAIR $241.50 JPMORGAN CHASE BANK ROTOROOTER- SERVICE $147.00 JPMORGAN CHASE BANK SHOE CARNIVAL -SHOES $90.00 AI Claims List - 8/4/2020 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $170.97 JPMORGAN CHASE BANK SUMMIT - REPAIR $1,775.01 JPMORGAN CHASE BANK WALMART -ROPE $59.09 SALES TAX FU ND -FIRE -Total $29,397.13 SALES TAX FIRE -Total $29,397.13 38 SALES TAX POLICE AT &T CONSOLIDATED PHONE $802.91 AT &T MOBILITY PUBLIC SAFETY WIRELES $135.75 FIRST RESPONDER SUPPORT SERVICES BEHAVIORAL HEALTH SERVICE $10,564.29 JPMORGAN CHASE BANK ACADEMY - SUPPLIES $32.38 JPMORGAN CHASE BANK AMAZON- SUPPLIES $619.99 JPMORGAN CHASE BANK AT YR SVC- RENTAL $80.00 JPMORGAN CHASE BANK AXON -TASER ASSURANCE $2,185.40 JPMORGAN CHASE BANK BROWNELLS -EQUIP $209.99 JPMORGAN CHASE BANK DECKERS- UNIFORM $174.27 JPMORGAN CHASE BANK FACEBOOK- ADVERT $75.00 JPMORGAN CHASE BANK FRAZIER FIRE- REPAIR $142.50 JPMORGAN CHASE BANK LOCKE- REPAIR KIT $27.23 JPMORGAN CHASE BANK LOWES- ADHESIVE $9,98 JPMORGAN CHASE BANK LOWES- REPAIRS $31.98 JPMORGAN CHASE BANK MULLIN- SERVICES $293.05 JPMORGAN CHASE BANK OREILLY -PARTS $25.96 JPMORGAN CHASE BANK PUB AGENCY - TRAINING $150.00 JPMORGAN CHASE BANK SECUREOUTCOMES -FEE $720.00 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $100.99 JPMORGAN CHASE BANK WALMART- CREDIT ($50.25) OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE $185.50 SUMNERONE INC COPIER SERVICE $73.28 SUMNERONE INC PD COPIER LEASE RENTALS $24.00 THOMAS ALAN HOFFMANN SERVICE $375.00 TREASURER PETTY CASH SUPPLIES $117.92 SALES TAX FUND - POLICE -Total $17,107.12 SALES TAX POLICE -Total $1710712 39 SALES TAX STREETS HK LEASING LLC PLOW HOOK UP $16,500.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $79.99 SPOK, INC. PAGER USE $166.14 UNIFIRST HOLDINGS LP UNIFORM SERVICE $214.47 SALES TAX FUND - STREETS -Total $16,960.60 SALES TAX STREETS - Total $16,960.60 40 CAPITAL IMPROVEMENTS GARVER ENGINEERING SERVICES - 10 $1,446.96 GARVER ENGINEERING SERVICES AGRE $12,057.99 7 Claims List - 814/2020 Fund Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS CIP 106/129 INTERSECT IMP -Total $13,504.95 CHEROKEE BUILDERS INC CONSTRUCTION SERVICES $347,231.95 AGR CIP SPORTS PARK DET POND -Total $347,231.95 CAPITAL IMPROVEMENTS -Total $360,736.90 70 CITY GARAGE AT &T MOBILITY WIRELESS SERVICE $62.45 JPMORGAN CHASE BANK AMAZON -PARTS $85.79 JPMORGAN CHASE BANK AMERIFLEX -HYD LINE $48.00 JPMORGAN CHASE BANK CLASSIC CHEV- REPAIR $409.50 JPMORGAN CHASE BANK GOODYEAR - REPAIR $192.30 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $97.02 JPMORGAN CHASE BANK HESSELBEIN -TIRES $544.00 JPMORGAN CHASE BANK HOOTEN- CREDIT ($190.20) JPMORGAN CHASE BANK HOOTEN -PARTS $2,026.68 JPMORGAN CHASE BANK JIM GLOVER -PARTS $597.46 JPMORGAN CHASE BANK JIM NORTON -PARTS $650.86 JPMORGAN CHASE BANK LENOX- TOWING $125.00 JPMORGAN CHASE BANK LOCKE- WIRING $4722 JPMORGAN CHASE BANK LOWES -PART $4,98 JPMORGAN CHASE BANK MAC TOOLS -PARTS $48.98 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $4.38 JPMORGAN CHASE BANK OREILLY -A/C $4,400.00 JPMORGAN CHASE BANK OREILLY -PARTS $760.05 JPMORGAN CHASE BANK UNITED FORD -PARTS RES $598.20 UNIFIRST HOLDINGS LP UNIFORM RENTAL $55.26 CITY GARAGE -Total $10,567.93 CITY GARAGE - Total $10,567.93 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS' COMP CLAIMS $22,987.75 WORKERS' COMP SELF -INS -Total $22987,75 WORKERS' COMP SELF -INS -Total $22,987.75 78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK NEXTCARE- TESTING $18,300.00 SELF -INS HEALTHCARE -Total $18,300.00 HEALTHCARE SELF INS FUND -Total $18,300.00 City Grand Total $670,971.00 111 s� REAL Proplc • REAL Chamtlar •REAL Commmpy TO: The Honorable Mayor and City Council FROM: Arami Goldstein Assistant Chief SUBJECT: Cherokee Nation Donation DATE: July 31, 2020 BACKGROUND: On July 15, 2020, the Cherokee Nation donated $3,500.00 to the City of Owasso Fire Department. The donation is part of the Cherokee Nation's initiative to be good partners within the community by aiding worthwhile causes that provide valuable services to the community and Cherokee Nation citizens. If approved, the donated funding will be utilized to support fire department operations. RECOMMENDATION: Staff recommends acceptance of the donation from the Cherokee Nation and approval of a budget amendment increasing estimated revenue in the General Fund by $3,500.00 and increasing the appropriation for expenditures in the fire department budget by $3,500.00. sd REAL Pwpta • REAL Chamcdf •REAL Community TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens City Clerk SUBJECT: Citizen Request to Address the City Council DATE: July 31, 2020 BACKGROUND: In an email dated July 16, 2020, Clara Locker requested to address the City Council regarding the COVID -19 Pandemic and public health. An item was placed on the July 31, 2020, City Council agenda to accommodate Ms. Locker's request; however, she was unable to attend the meeting. Ms. Locker has requested to be placed on the August 4, 2020 City Council agenda ATTACHMENT: E -mail correspondence dated July 16, 2020 From: Ciara Siobhan Locker Sent: Wednesday, July 15, 2020 3:39 PM To: Stevens, Julie Subject: Upcoming City Council Meeting Dear Ms. Stevens, Good afternoon! My name is Ciara Locker, and I am an Owasso citizen. My boss, Jeri Moberly, recommended that I reach out to you about reserving a place on the agenda for the upcoming city council meeting. I am a graduate of Owasso High School, and was the Valedictorian of the class of 2019. I am now in my second year at Stanford University, where I am double majoring in Epidemiology and International Relations, with a minor in Spanish language. I come from a family of healthcare workers, and I am deeply passionate about public health. Recent decisions of the Owasso City Council regarding Covid -19 are very concerning to me. Therefore, if possible, I would like like to have the chance to speak at the upcoming city council meeting for next Tuesday, the 21 st. If there is not space on the upcoming agenda, I would be happy to speak at the next one on August 24th. If there is any further information that I can provide, please don't hesitate to contact me at this email address. I look forward to hearing back from you. Sincerely, Ciara Locker sd REAL PwPla •REAL Chmorar • PEAL Cemmunly TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Proposed Ordinance 1170 regulating noise DATE: July 31, 2020 BACKGROUND: In the fall of 2019, staff began discussions with the City Council regarding revision of the City's noise ordinances. Pursuant to Council direction, staff researched noise ordinances from other municipalities across the country and chose several that contained specificity in requirements, thoroughly addressed all aspects of noise violations and had withstood previous constitutional challenges. These ordinances were used as references in drafting the proposed noise ordinance presented for Council consideration. The proposed ordinance repeals the two current sections governing noise (10 -311 & 10 -312) in Chapter 3, Part 10, and creates Chapter 10, Noise, that regulates loud and disturbing noises. Ordinances within this chapter establish decibel regulations for various types of noise on public right -of -way and on residential or commercial property at differing times of day. Chapter 10 additionally provides a process to obtain a permit allowing sound amplification in public areas such as parks and at commercial establishments. This chapter defines a "chronic noise producer" and substantiates how a business may be designated as such. Finally, proposed Chapter 10 contains a section clearly delineating enforcement and penalties for noise violations. RECOMMENDATION: Staff recommends City Council adoption of proposed Ordinance 1170, repealing Sections 10- 311 and 10 -312 within Part 10, Chapter 3, and creating Part 10, Chapter 10, Noise, in the Owasso Code of Ordinances. ATTACHMENT: Proposed Ordinance 1170 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1170 AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 3, OFFENSES AGAINST THE PUBLIC, OF THE CODE OF ORDINANCES, CITY OF OWASSO, REPEALING VARIOUS SECTIONS, AND CREATING CHAPTER 10, NOISE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT, INCLUDING SECTIONS 10 -311 AND 10 -312 OF CHAPTER 3, PART 10. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: SECTION ONE (1): Chapter 10, Noise, of Part 10, of the Owasso Code of Ordinances is hereby added, and sections 10 -1001 thru 10-1011 are also hereby added and shall read as follows: Chapter 10 NOISE SECTION 10 -1001 LOUD, DISTURBING NOISES PROHIBITED GENERALLY It shall be unlawful for any person to create or assist in creating any unreasonably loud and disturbing noise in the city. SECTION 10 -1002 MEASUREMENT For the purpose of determining db(A)s as referred to in this article, the noise shall be measured on the A- weighting scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute. SECTION 10 -1003 SOUNDS IMPACTING RESIDENTIAL LIFE A. It shall be unlawful to carry on the following activities in any residentially zoned area of the city: (1) The operation of construction machinery between the hours of 9:00 p.m. and 7:00 a.m. (2) The operation of garage machinery between the hours of 9:00 p.m. and 7:00 a.m. (3) The operation of lawn mowers and other domestic tools out -of -doors between the hours of 9:00 p.m. and 7:00 a.m. B. Any mechanical noise other than that regulated in subsection A which registers more than 80 db(A) at the nearest complainant's property line is a violation. C. This section shall not apply to: (1) Emergency operations designed to protect the public health and safety; or (2) Work by city crews or city contractors in a right -of -way or utility easement when the department responsible for the work has determined that it is necessary to undertake the work between the hours of 9:00 p.m. and 7:00 a.m. in order to avoid unreasonably impacting the flow of traffic or to avoid unreasonably disrupting the provision of a utility service. Ordinance 1170 Page 1 of 7 D. For purposes of this section, "construction machinery" means equipment designed to perform construction operations, and "garage machinery" means equipment generally used to repair cars or other machinery. SECTION 10 -1004 AMPLIFIED SOUND A. It shall be unlawful to: (1) Operate or allow the operation of any sound amplification equipment so as to create sounds registering at or above 65 db(A), as measured anywhere within the boundary line of the nearest residentially zoned property, other than mixed -use areas. (2) Operate or allow the operation of any sound amplification equipment so as to create a vibration or produce a rhythmic base component of music detectible within the interior of a nearby residential structure located on residentially zoned property, other than mixed use areas. (3) As to multifamily structures, including apartments, condominiums, or other residential arrangements where boundary lines cannot readily be determined, operate or allow the operation of any sound amplification equipment so as to create sounds registering 65 db(A), as measured from any point within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially zoned property. (4) As to multifamily structures, including apartments, condominiums, or other residential arrangements where boundary lines cannot readily be determined, operate or allow the operation of any sound amplification equipment so as to create a vibration or produce a rhythmic base component of music detectible within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially zoned property. (5) Operate or allow the operation of any sound amplification equipment in the public right -of -way, including streets or sidewalks, or in mixed -use areas with residential units, or in the public city or county controlled parks: (i) without having actual on -site possession of a permit issued by the City of Owasso; (ii) so as to produce sounds registering more than 85 db(A) ten feet or more from any electromechanical speaker, or (iii) at times other than 11:00 p.m. and 8:00 a.m. Sound amplification equipment operated pursuant to this subsection may not be located more than ten feet off the ground. In addition to the person operating or allowing the operation of sound amplification equipment in violation of this subsection, the person to whom the permit was issued must be present at the location and during the times permitted and shall be liable for any and all violations. An application for a permit pursuant to this subsection shall: (i) be submitted to the City of Owasso at least five (5) full business days before the permit time requested; and (ii) specify the proposed location of the sound amplification equipment and the date and time that the sound amplification will begin and end. Permits shall be issued on a first come, first served basis. A permit shall not be issued for a location that is within 100 feet of another location for which a permit has been issued for the some time. The use of mobile sound amplification equipment (e.g., a car radio, unless the vehicle is parked) shall be exempt from the permitting requirement of this subsection and the prohibition of (iii) in the first paragraph of this subpart, however sounds produced during the times otherwise prohibited in (iii) in the first paragraph of this subpart may not register more than 70 db(A) ten feet or more from the equipment. Sound amplification Ordinance 1170 Page 2 of 7 produced in conjunction with a special event permit shall be exempt from this entire subsection. B. The limitations on the operation of sound amplification equipment in subsection A of this section shall not apply to the operation of horns, sirens, or other emergency warning devices actually being used by law enforcement or public safety officials, or to the operation of sound amplification equipment regulated pursuant to section 10 -1005 or in accordance with a permit issued pursuant to section 10 -1006 or section 10 -1007. C. The limitations on the operation of sound amplification equipment in subsection A of this section shall not apply to religious bodies playing chimes, bells, carillons, or other religious music. D. The limitations on the operation of sound amplification equipment in subsection A of this section shall not apply to events sanctioned by schools, sports organizations, and the City of Owasso. SECTION 10 -1005 PERMITS FOR ADDITIONAL AMPLIFICATION A. Application. An application for a permit for additional amplification on private property under this section shall be submitted to the City of Owasso at least ten (10) business days in advance of the planned use. The application shall designate and provide contact information for an individual person who shall be in control of the sound amplification equipment and ensure that its use complies with the terms of the permit. Activities regulated under subsection 1004(A)(3) and section 10 -1006 shall not be eligible for an additional amplification permit under this section. B. Notice of tentative approval. Upon tentative approval, the applicant for a permit shall be responsible for giving written notice of the name, nature, date, and time period of the event, and the name of and contact information for the permit holder to the occupants of each property within 1,000 feet of the property for which the permit has been granted. The notice shall be hand delivered to each occupant or, if the occupant is unavailable, affixed to the front door of the building or business or residential unit at least 72 hours in advance of the event. The permit shall not be actually granted and issued until the applicant submits an affidavit to the City of Owasso that such notices have actually been so delivered. C. Limits on hours. Permits for additional amplification at a property, or adjacent properties under common ownership, shall be limited to 15 hours in a calendar year. Permits issued pursuant to this section may allow additional amplification only between 8:00 a.m. and 9:00 p.m. Sunday through Thursday and between 8:00 a.m. and 11:00 p.m. on Friday or Saturday. D. Sound limits. In no event shall a permit be granted which allows the creation of sounds registering more than 80 db(A) anywhere within the boundary line of the nearest residentially occupied property. E. Denial, issuance of exceptional permit. If an applicant has been denied a permit under this section and believes the denial is illegal by virtue of applicable state or federal law, they shall promptly submit a copy of the denied permit application together with a short statement of the reasons they believe they are entitled to a permit to the city manager or designee. The city manager or designee shall have the discretion to grant an exceptional permit waiving Iocational, time, and /or db(A) requirements, upon determination that the applicant has made a substantial showing of legal entitlement. Any such exceptional permit shall be promptly reported to the city council. Ordinance 1170 Page 3 of 7 Violation. It shall be unlawful to violate the restrictions or requirements of this section or the terms of a permit issued pursuant to this section. SECTION 10 -1006 OUTDOOR AMPLIFICATION AND MUSIC AT COMMERCIAL ESTABLISHMENTS A. Except in accordance with a permit issued pursuant to section 10 -1007, it shall be unlawful for any commercial establishment (including but not limited to a restaurant, bar, or nightclub) to operate or allow the operation of sound amplification equipment out of doors or directed out of doors or to allow live acoustic music out of doors or directed out of doors between 2:00 a.m. and 9:00 a.m., or in excess of 95 db(A) after 11:00 p.m., Sunday through Thursday and 2:00 a.m. on Saturday and Sunday mornings. An establishment may be cited for violating this section only if the enforcing authority determines that the sound being produced is, using a reasonable person standard and taking into consideration the day of week and time of day, unreasonably loud and disturbing to the quiet enjoyment and use of residentially occupied property. For purposes of this section, hotels, motels, other short -term accommodations shall be considered residentially occupied property. B. The decibel limits prescribed in this section shall be measured at the property line of the commercial property at which the sound is being generated. C. An establishment that has been determined to be non - cooperative pursuant to subsection 10 -1008, after two (2) violations of this section within one year after having been determined to be non- cooperative shall not operate or allow the operation of sound amplification equipment out of doors or directed out of doors or allow live acoustic music out of doors or directed out of doors for a period of 18 months after the second violation. The 18 -month prohibition shall apply to the establishment and the property on which the establishment is located. SECTION 10 -1007 PERMITS FOR LARGE OUTDOOR MUSIC FACILITIES A. For purposes of this section, a "large outdoor music facility" means a facility with a capacity of 1,000 or more persons and that offers musical entertainment at least five times a year. B. A facility that has been issued a permit pursuant to this section shall not be subject to the provisions of section 10 -1006. C. It shall be unlawful for a large outdoor music facility to violate the terms of a permit issued pursuant to this section. SECTION 10 -1008 CHRONIC COMMERCIAL AND INDUSTRIAL NOISE A. The purpose of this section is to establish a collaborative process through which the city and a business that has been identified as a chronic source of objectionable noise (i.e., "chronic noise producer ") will develop and implement a noise mitigation plan intended to bring the noise to acceptable levels. A chronic noise producer is an establishment that, because of the sound generated by or at the business, is an annoyance to adjacent or nearby residences, lodgings, schools, businesses, or other places where people may congregate with a reasonable expectation of undisturbed activity. A business may be a chronic noise producer without having violated this article. B. The Chief of Police (or designee) may designate a commercial or industrial business as a "chronic noise producer." In making such a designation, the Chief of Police shall take into consideration the following factors: Ordinance 1170 Page 4 of 7 (1) The number and frequency of valid noise complaints; (2) The proximity and physical relationship between the business and complaining locations; (3) The severity of sound events, both observed or measured; (4) The times and days of the week of sound events; (5) The business' history of cooperation and efforts to alleviate the problem; and (6) The history and context of the location, including whether the sound producing activity predates the occupation of the complaining locations and whether the sound producing location is located in what is generally recognized as an entertainment area. Upon designation, the Chief of Police shall inform the business that it has been designated a chronic noise producer and refer the business to the City Manager or designee along with the information that established the basis for the designation. C. Upon receiving a chronic noise producer referral, the City Manager or designee shall schedule a mandatory initial meeting with the business that it has been designated a chronic noise producer. At the initial meeting, the City Manager or designee and the business shall review the information that formed the basis for the designation and any evidence or information concerning the complained of noise provided by the business. Following the initial meeting, the City Manager or designee shall determine whether a mitigation plan is warranted. If the City Manager or designee determines that a mitigation plan is not warranted, it shall notify the business and the City Council of that determination and no further action shall be taken under this section. D. If the City Manager or designee determines that a mitigation plan is warranted, the City Manager or designee and the business shall together develop and sign a noise mitigation plan. The plan may include, among other things: (1) Restrictions on days of week or hours of noise producing activity; (2) Placement, orientation, and operation of sound producing activity or equipment; (3) Structural changes including but not limited to sound attenuation and baffling; (4) Self- monitoring and reporting requirements; (5) A schedule for implementation; and (6) A schedule for review for possible revision or termination of the plan. E. In the event that a business designated as a chronic noise producer: (i) fails or refuses to participate in good faith in the development of a noise mitigation plan; (ii) refuses to agree to a noise mitigation plan; or (iii) fails to implement or comply with an agreed to noise mitigation plan, the City Manager or designee may designate the business as non- cooperative and shall notify the business and the City Council of that determination. Should a business designated as non - cooperative cure the basis for the designation, the City Manager or designee shall remove the designation and notify the business and the City Council of that determination. F. In the event that a noise enforcement action is taken against a business that has been designated a chronic noise producer, evidence regarding the business' participation in the development and implementation of and compliance with the noise mitigation plan shall be relevant to any prosecution or administrative or judicial review or appeal of the enforcement Ordinance 1170 Page 5 of 7 action. Specifically, the business' participation and compliance shall be a mitigating factor and may, but is not required to be a justification for dismissing the enforcement action. G. Appeals. A business that has been designated a chronic noise producer or non - cooperative may appeal such designation within ten (10) days after receiving notice of such designation. Appeals shall be heard by the City Council. The appellant shall have the right to present evidence at said hearing. SECTION 10 -1009 ANIMALS It shall be unlawful for any person to own, keep or have in their possession, or harbor, any dog, other animal or bird which, by frequent or habitually howling, yelping, barking or otherwise, causes loud noises and produces seriously annoying disturbance to any person or to the neighborhood. SECTION 10 -1010 MOTOR VEHICLES It shall be unlawful to operate or allow the operation of any motor vehicle in the city: (1) Which has had its muffler- exhaust and /or other noise - control equipment removed, altered or maintained in such disrepair as to create unreasonably loud and disturbing noises. (2) By engaging in jackrabbit starts, spinning tires, racing engines, or other operations which create unreasonably loud and disturbing noises. (3) Off the boundaries of a public street for racing or other operations which create unreasonably loud and disturbing noises. SECTION 10 -1011 ENFORCEMENT AND PENALTIES Where there is a violation of any section of this chapter, the city, at its discretion, may take one or more of the following enforcement actions: (1) The violator may be charged with a misdemeanor and be subject to a $500.00 fine, plus court costs. (2) A civil action seeking an injunction and order of abatement may be directed toward any person creating or allowing the creation of any unlawful noise, including the owner or person otherwise having legal or actual control of the premises from which it emanates. (3) The violator may be assessed a $750.00 fine, plus court costs for any violation of section 10 -1001 or section 10 -1006 that occurs within one (1) year after the commercial establishment has been determined to be "non- cooperative" pursuant to subsection 10- 1008(e). After two (2) such violations, the prohibition on sound amplification and live acoustic music established in subsection 10- 1006(c) shall apply. SECTION TWO (2): Sections 10 -311 and 10 -312 of the Code of Ordinances of the City of Owasso are hereby repealed in their entirety. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid, or ineffective, the remaining portion shall not be affected, but shall remain in full force and effect. Ordinance 1170 Page 6 of 7 SECTION FOUR (4): CODIFICATION This ordinance shall be codified in Part Ten (10), Offenses and Crimes, Chapter 10, Noise, of the Owasso Code of Ordinances. SECTION FIVE (5): REPEALER That all ordinances or parts of ordinances in conflict herewith be, and the some are hereby expressly repealed. SECTION SIX (6): FILING OF ORDINANCE That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. SECTION SEVEN (7): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. PASSED AND APPROVED this 4th day of August, 2020. Bill Bush, Mayor ATTEST: Juliann M. Stevens, City Clerk Approved as to form and legality: Julie Lombardi, City Attorney Ordinance 1170 Page 7 of 7 �V n". -•REAL Bn-- •REALCommonly TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: Roadway Easement for the East 116th Street North from Mingo to Garnett Road Roadway Improvement Project DATE: July 31, 2020 BACKGROUND: City staff is currently involved in the acquisition of rights -of -way and easements for the East 116th Street North Improvement Project from Mingo to Garnett Road. Negotiations with Mr. and Mrs. Gray for the purchase of 13,400 square feet of roadway easement at 11706 North 971h East Avenue have been successfully completed and staff is seeking City Council authorization to purchase the easement. In addition to the roadway easement, staff agreed to widen the existing driveway approaches as part of the intersection improvements to 30- foot -wide on the south drive and 12- foot -wide on the north drive. The City was unable to obtain a partial lean release from the mortgage company to purchase the land in the form of right -of -way. As a result, City staff chose to gain access to the land by purchasing a roadway easement directly from the property owner. DESCRIPTION /PURCHASE PRICE: The offer for the roadway easement is $2.00 per square foot; for a purchase price of $26,800.00, FUNDING: Funding for this purchase is included in the project from the Vision Recapture Fund. RECOMMENDATION: Staff recommends authorization for payment to Charles A. Gray and Rebecca A. Gray, in the amount of $26,800.00, for the acquisition of a roadway easement located at 11706 North 97th East Avenue. ATTACHMENTS: Site Map Agreement Letter Land Acquisition - E 116th St N Improvement Project from Mingo Road to Garnett Road Cray rcn! 1ti*06 P 7645 —i'N 97tH E&g �., dt ay�i 7. r-� a Lit., _ ALA 3. Z i a r6 V�. i�. F� -M LL . Jn J it /� I y 1 ' y'• R y -C'i 1 I .5U, - - - t 7" = 160 ft Gray Parcel 07/28/2020 f:] This map may represents a visual display of related geographic information. Data provided here on is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the responsiblestaff for most up- to-date information. lT�C-AQ*r.f. Yr.�it A U'X%Z- !j�?�; July 9, 2020 Charles A. Gray and Rebecca A. Gray 11706 North 97'a E Ave Collinsville, OK 74021 RE: City of Owasso 116`s - N. Garnett to Mingo Widening Project Parcel 6 Tetra Acquisition Services is working under Contract with the City of Owasso to acquire right of way and casements for improving I I6i° Street. The City is able to now utilize Easement for Public Highway form and will not have to obtain a partial release of mortga The City will need you to re -sign this Letter Agreement to reflect the easement. The City of Owasso will pay to you the amount of $26.800.00 for the needed easements this project. This offer reflects the 13,400 s.f. of right of way easement. The drive, approaches will be 30 foot wide on the south drive and 12 foot wide on the north drive. If this offer meets with your approval, I would request that you acknowledge with signature below. I will need to obtain this signed letter and the enclosed W -9 so the check be processed. It will take about three weeks in order to obtain the check. I look forward to meeting with you to discuss the project and please feel free to contact me at 918- 605 -1436. Sincerely, Agreed to: Charles A. Gray and Rebecca A. Gray Mike Craddock Tetra Acquisition Services mike®teffaacquisdion.com • 918.605.1436 • 8458 S. College Avenue • Tulsa. OK �V REAL Peopla •REAL CM1mder • REAL CommunRy TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney SUBJECT: Resolution 2020 -15 retaining counsel to represent the City of Owasso in Pickup, et al., v. City of Owasso, et al., 20 -CV- 346- JED -FHM DATE: July 31, 2020 BACKGROUND: On July 20, 2020, five (5) defendants filed suit in the United States District Court for the Northern District of Oklahoma on behalf of themselves and other similarly situated individuals (a class action suit). The lawsuit alleges that the recent McGirf v. Oklahoma litigation in the United States Supreme Court, which determined that the Creek Reservation had not been disestablished, is dispositive of related issues with the Cherokee Nation. Specifically, the new lawsuit maintains that the Cherokee Reservation has also not been disestablished and remains Indian Country. Consequently, the plaintiffs contend, the City of Owasso and the other political subdivisions named as defendants in this litigation had no jurisdiction throughout the years to assess municipal fines and costs against the plaintiffs and other members of the Cherokee Nation. The plaintiffs request the Court grant a Declaratory Judgment determining that the Cherokee Reservation has not been disestablished, and further enter an order providing for the refund of all fines and costs to members of the Cherokee Nation. RECOMMENDATION: Staff recommends approval of Resolution 2020 -15, authorizing retention of Keith Wilkes and his firm, Hall Estill, to represent the City of Owasso in the above - styled litigation. ATTACHMENTS: Complaint filed July 20, 2020, in the United States District Court for the Northern District of Oklahoma Resolution 2020 -15 Case 4:20 -cv- 00346 - JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 1 of 22 VS. IN THE UNITED STATED DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA 1. TAYLEUR RAYE PICKUP 2. CHANDA LYNELLE BUTCHER 3. LINDSEY REANNA BUTCHER 4. CRYSTAL LEE LEACH 5. SITYANNE NICOLE SEKKILLER 6. And Others Similarly Situated, Plaintiffs, 1. THE DISTRICT COURT OF NOWATA COUNTY, OKLAHOMA 2. THE DISTRICT COURT OF WASHINGTON COUNTY, OKLAHOMA 3. THE DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA 4. THE DISTRICT COURT OF CRAIG COUNTY, OKLAHOMA 5. THE DISTRICT COURT OF MAYES COUNTY, OKLAHOMA 6. THE DISTRICT COURT OF ROGERS COUNTY, OKLAHOMA 7. KEVIN BUCHANAN, in his official capacity, District Attorney of Nowata and Washington Counties, Oklahoma 8. KENNY WRIGHT, in his official capacity, District Attorney of Delaware County, Oklahoma 9. MATT BALLARD in his official capacity, District Attorney of Craig, Mayes, and Rogers Counties, Oklahoma 10. STEVE KUNZWEILER, in his official capacity, District Attorney of Tulsa County, Oklahoma 11. APRIL FRAUENBERGER, in her official capacity, Court Clerk of Nowata County, Oklahoma 12. JILL SPITZER, in her official capacity, Court Clerk of Washington County, Oklahoma 13. CAROLINE WEAVER, in her official capacity, Court Clerk of Delaware County, Oklahoma 14. DEBORAH MASON, in her official Case No. 20 -CV- 346- JED -FHM Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 2 of 22 capacity, Court Clerk of Craig County, Oklahoma 15. LAURA WADE, in her official capacity, Court Clerk of Mayes County, Oklahoma 16. CATHI EDWARDS, in her official capacity, Court Clerk of Rogers County, Oklahoma 17. DON NEWBERRY, in his official capacity as Court Clerk of Tulsa County, Oklahoma 18. THE TOWN OF ADAIR, OKLAHOMA 19. THE CITY OF BARTLESVILLE, OKLAHOMA 20. THE TOWN OF BIG CABIN, OKLAHOMA 21. THE TOWN OF BLUEJACKET, OKLAHOMA 22. THE CITY OF CATOOSA, OKLAHOMA 23. THE TOWN OF CHELSEA, OKLAHOMA 24. THE TOWN OF CHOTEAU, OKLAHOMA 25. THE CITY OF CLAREMORE, OKLAHOMA 26. THE CITY OF COLLINSVILLE, OKLAHOMA 27. THE TOWN OF COPAN, OKLAHOMA 28. THE CITY OF DEWEY, OKLAHOMA 29. THE TOWN OF DISNEY, OKLAHOMA 30. THE CITY OF GROVE, OKLAHOMA 31. THE CITY OF JAY, OKLAHOMA 32. THE TOWN OF KANSAS, OKLAHOMA 33. THE TOWN OF LANGLEY, OKLAHOMA 34. THE TOWN OF LOCUST GROVE, OKLAHOMA 35. THE CITY OF NOWATA, OKLAHOMA 36. THE TOWN OF OOLOGAH, OKLAHOMA 37. THE CITY OF OWASSO, OKLAHOMA 38. THE CITY OF PRYOR, OKLAHOMA 39. THE TOWN OF RAMONA, OKLAHOMA 40. THE TOWN OF SALINA, OKLAHOMA 41. THE TOWN OF SOUTH COFFEYVILLE, OKLAHOMA 42. THE TOWN OF SPAVINAW, OKLAHOMA 43. THE TOWN OF STRANG, OKLAHOMA 44. THE TOWN OF TALALA, OKLAHOMA 2 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 3 of 22 45. THE TOWN OF VERDIGRIS, ) OKLAHOMA ) 46. THE CITY OF VINITA, OKLAHOMA ) 47. THE TOWN OF WARNER, OKLAHOMA ) 48. THE TOWN OF WEST SILOAM ) SPRINGS, OKLAHOMA, ) Defendants. ) COMPLAINT COME NOW the Plaintiffs, by and through their attorneys, John M. Dunn, Misty Fields, and Mark Lyons, and for their cause of action against the Defendants, allege and state as follows: INTRODUCTION With the decision of McGirt v. Oklahoma, Case No. 18 -9526, 591 US _ (2020), the United States Supreme Court made it clear that, for more than a century, the State of Oklahoma (through the District Courts and the District Attorneys) and its political subdivisions (through the various cities and towns) have charged, fined and otherwise imposed court costs or administrative fees resulting in large sums of money being taken from Tribal members without the jurisdiction to do so. The McGirt opinion, referenced above, answered the question of whether the Creek Reservation was disestablished. The Court performed the analysis and answered in the negative. The Cherokee Nation was a part of many of the same treaties and statutes referenced in the McGirt opinion and the more detailed 10' Circuit Opinion of Murphy v. Royal, 875 F.3d 896 (10`h Cir. 2017) [affirmed per curiam on July 9, 2020]. Based upon the analysis conducted by the Courts and applying the facts relevant to the Cherokee Nation, it is easily concluded that the Cherokee Reservation has also never been disestablished by Congress and remains Indian Country today. This lawsuit has been brought by the Plaintiffs on their own behalf, and all others similarly situated, to disgorge the State and its political subdivisions of their ill- gotten 3 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 4 of 22 gains and to recover the monies paid to the Courts, District Attorneys, and political subdivisions that were paid as fines and costs, and levied without jurisdiction to do so. PLAINTIFFS 1. Tayleur Raye Pickup is a natural person and resident of Mayes County, Oklahoma, and a member of the Cherokee Nation, a federally recognized Indian Tribe, with Registration number 256012. 2. Chanda Lynelle Butcher is a natural person and resident of Mayes County, Oklahoma, and a member of the United Keetoowah Band of Cherokee Indians, a federally recognized Indian Tribe, with Registration number W13160. 3. Lindsey Reanna Butcher is a natural person and resident of Mayes County, Oklahoma, and a member of the United Keetoowah Band of Cherokee Indians, a federally recognized Indian Tribe, with Registration number WI 3884. 4_ Crystal Lee Leach is a natural person and resident of Mayes County, Oklahoma, and a member of the Cherokee Nation, a federally recognized Indian Tribe, with Registration number 85614. 5. Shyanne Nicole Sixkiller is a natural person and resident of Mayes County, Oklahoma, and a member of the Cherokee Nation, a federally recognized Indian Tribe, with Registration number C00182985. 6. Plaintiffs assert that there are other persons, yet to be ascertained, that are similarly situated to the above -listed Plaintiffs. Specifically, these Plaintiffs are described as being members of federally recognized Indian Tribes who have either been prosecuted for traffic offenses or misdemeanor crimes occurring within the Cherokee Reservation by the State of Oklahoma or its political subdivisions. El Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 5 of 22 7. These Plaintiffs have each paid money for fines, court costs, and/or supervision fees to the State of Oklahoma or its political subdivisions. 8. Plaintiffs further assert that the other persons are expected to be so numerous that joinder of each of them is impractical. DEFENDANTS 9. Kevin Buchanan in his official capacity as the District Attorney of Nowata and Washington Counties, Oklahoma. During all times relevant to this lawsuit, Mr. Buchanan and his predecessors prosecuted Tribal members within the boundaries of the Cherokee Reservation without jurisdiction. As a result of Mr. Buchanan's and his predecessors' actions, the State of Oklahoma, and the Offices of the Nowata and Washington Counties District Attorneys have been unjustly enriched through the collection of fines, costs, assessments, probationary fees and other monies taken from Tribal members without legal authority. 10. April Frauenberger, in her official capacity as the Court Clerk of Nowata County, Oklahoma. During all times relevant in this lawsuit, both she and her predecessors collected monies from Tribal members that were assessed by the Court as a fine, a court cost, or other fees. Under the structure of the District Court, the Court Clerk is the proper party to refund the monies sought by this action. 11. Jill Spitzer, in her official capacity as the Court Clerk of Washington County, Oklahoma. During all times relevant in this lawsuit, both she and her predecessors collected monies from Tribal members that were assessed by the Court as a fine, a court cost, or other fees. Under the structure of the District Court, the Court Clerk is the proper party to refund the monies sought by this action. 12. Kenny Wright in his official capacity as the District Attorney of Delaware County, Oklahoma. During all times relevant to this lawsuit, Mr. Wright and his predecessors 5 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 6 of 22 prosecuted Tribal members within the boundaries of the Cherokee Reservation without jurisdiction. As a result of Mr. Wright's and his predecessors' actions, the State of Oklahoma, and the Offices of the Delaware County, Oklahoma, District Attorney have been unjustly enriched through the collection of fines, costs, assessments, probationary fees and other monies taken from Tribal members without legal authority. 13. Caroline Weaver, in her official capacity as the Court Clerk of Delaware County, Oklahoma. During all times relevant in this lawsuit, both she and her predecessors collected monies from Tribal members that were assessed by the Court as a fine, a court cost, or other fees. Under the structure of the District Court, the Court Clerk is the proper party to refund the monies sought by this action. 14. Matt Ballard in his official capacity as the District Attorney of Craig, Mayes, and Rogers Counties, Oklahoma. During all times relevant to this lawsuit, Mr. Ballard and his predecessors prosecuted Tribal members within the boundaries of the Cherokee Reservation without jurisdiction. As a result of Mr. Ballard's and his predecessors' actions, the State of Oklahoma, and the Offices of the Craig, Mayes, and Rogers Counties District Attorneys have been unjustly enriched through the collection of fines, costs, assessments, probationary fees and other monies taken from Tribal members without legal authority. 15. Deborah Mason, in her official capacity as the Court Clerk of Craig County, Oklahoma. During all times relevant to this lawsuit, both she and her predecessors collected monies from Tribal members that were assessed by the Court as a fine, a court cost, or other fees. Under the structure of the District Court, the Court Clerk is the proper party to refund the monies sought by this action. 16. Laura Wade, in her official capacity as the Court Clerk of Mayes County, Oklahoma. During all times relevant to this lawsuit, both she and her predecessors collected C Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 7 of 22 monies from Tribal members that were assessed by the Court as a fine, a court cost, or other fees. Under the structure of the District Court, the Court Clerk is the proper party to refund the monies sought by this action. 17. Cathi Edwards, in her official capacity as the Court Clerk of Rogers County, Oklahoma. During all times relevant in this lawsuit, both she and her predecessors collected monies from Tribal members that were assessed by the Court as a fine, a court cost, or other fees. Under the structure of the District Court, the Court Clerk is the proper party to refund the monies sought by this action. 18. Steve Kunzweiler, in his official capacity as the District Attorney of Tulsa County, Oklahoma. During all rimes relevant to this lawsuit, Mr. Kunzweiler and his predecessors prosecuted Tribal members within the boundaries of the Cherokee Reservation without jurisdiction. As a result of Mr. Kunzweiler's and his predecessors' actions, the State of Oklahoma and the Offices of the Tulsa County District Attorney have been unjustly enriched through the collection of fines, costs, assessments, probationary fees and other monies taken from Tribal members without legal authority. 19. Don Newberry, in his official capacity as the Court Clerk of Tulsa County, Oklahoma. During all times relevant in this lawsuit, both he and his predecessors collected monies from Tribal members that were assessed by the Court as a fine, a court cost, or other fees. Under the structure of the District Court, the Court Clerk is the proper party to refund the monies sought by this action. 20. The Town of Adair is an incorporated Town and political subdivision of the State of Oklahoma located in Mayes County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 7 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 8 of 22 21. The City of Bartlesville is an incorporated City and political subdivision of the State of Oklahoma located in Washington and Osage Counties in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 22. The Town of Big Cabin is an incorporated Town and political subdivision of the State of Oklahoma located in Craig and Mayes Counties in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 23. The Town of Bluejacket is an incorporated Town and political subdivision of the State of Oklahoma located in Craig County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 24. The City of Catoosa is an incorporated City and political subdivision of the State of Oklahoma located in Rogers and Wagoner Counties in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 25. The Town of Chelsea is an incorporated Town and political subdivision of the State of Oklahoma located in Rogers County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 26. The Town of Choteau is an incorporated Town and political subdivision of the State of Oklahoma located in Mayes County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 27. The City of Claremore is an incorporated City and political subdivision of the State of Oklahoma located in Rogers County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. N Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 9 of 22 28. The City of Collinsville is an incorporated City and political subdivision of the State of Oklahoma located in Tulsa and Rogers Counties in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 29. The Town of Copan is an incorporated Town and political subdivision of the State of Oklahoma located in Washington County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 30. The City of Dewey is an incorporated City and political subdivision of the State of Oklahoma located in Washington County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 31. The Town of Disney is an incorporated Town and political subdivision of the State of Oklahoma located in Mayes County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 32. The City of Grove is an incorporated City and political subdivision of the State of Oklahoma located in Delaware County in the Cherokee Nation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 33. The City of Jay is an incorporated City and political subdivision of the State of Oklahoma located in Delaware County in the Cherokee Nation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 34. The Town of Kansas is an incorporated Town and political subdivision of the State of Oklahoma located in Delaware County in the Cherokee Nation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. Ei Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 10 of 22 35. The Town of Langley is an incorporated Town and political subdivision of the State of Oklahoma located in Mayes County in the Cherokee Nation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 36. The Town of Locust Grove is an incorporated Town and political subdivision of the State of Oklahoma located in Mayes County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 37. The City of Nowata is an incorporated City and political subdivision of the State of Oklahoma located in Nowata County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 38. The Town of Oologah is an incorporated Town and political subdivision of the State of Oklahoma located in Rogers County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 39. The City of Owasso is an incorporated City and political subdivision of the State of Oklahoma located in Tulsa and Rogers Counties in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 40. The City of Pryor is an incorporated City and political subdivision of the State of Oklahoma located in Mayes County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 41. The Town of Ramona is an incorporated Town and political subdivision of the State of Oklahoma located in Washington County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 10 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 11 of 22 42. The Town of Salina is an incorporated Town and political subdivision of the State of Oklahoma located in Mayes County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 43. The Town of South Coffeyville is an incorporated Town and political subdivision of the State of Oklahoma located in Nowata County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 44. The Town of Spavinaw is an incorporated Town and political subdivision of the State of Oklahoma located in Mayes County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 45. The Town of Strang is an incorporated Town and political subdivision of the State of Oklahoma located in Mayes County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 46. The Town of Talala is an incorporated Town and political subdivision of the State of Oklahoma located in Rogers County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 47. The Town of Verdigris is an incorporated Town and political subdivision of the State of Oklahoma located in Rogers County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 48. The City of Vinita is an incorporated City and political subdivision of the State of Oklahoma located in Craig County in the Cherokee Reservation. This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. 49. The Town of West Siloam Springs is an incorporated Town and political subdivision of the State of Oklahoma located in Delaware County in the Cherokee Reservation. 11 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 12 of 22 This Defendant has collected court fees and fines from Tribal members without having the jurisdiction to do so. VENUE 50. Venue is proper in the Northern District of Oklahoma pursuant to 28 USC § 1391(b)(1) because each of the Defendants is located within the district. 51. Venue is proper in the Northern District of Oklahoma pursuant to 28 USC § 1391(b)(2) because the events complained of occurred within this district. GOVERNMENTAL TORT CLAIMS ACT 52. This action is for recovery of "money had and received" as described in Sholer v State ex rep. Dept. of Public Safety, 945 P.2d 469, 1995 OK 150 (Okla., 1995). As such, the requirements of the Governmental Tort Claims Act do not apply. ALLEGATIONS COMMON TO ALL COUNTS 53. On July 9, 2020, the United States Supreme Court issued its opinion on McGirt vs. Oklahoma, 591 US (2020) holding: Under Federal law, no State or subdivision shall have jurisdiction over any Indian who commits a crime in "Indian Country ", including all land within the limits of any Indian reservation under the jurisdiction of the United States Government. 54. In that case, the Court articulated the factors to consider when determining whether a reservation has been disestablished. 55. Based upon those factors, the Cherokee Nation has never been disestablished and remains an "Indian Reservation". 56. Pursuant to the Court's holding, neither the State of Oklahoma, nor any of its political subdivisions has subject matter jurisdiction to criminally charge and prosecute members of a federally recognized American Indian tribe for crimes committed on the Cherokee 12 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 13 of 22 Reservation. That subject matter jurisdiction is vested solely in the Cherokee Nation or in the United States. It is well recognized that crimes allegedly committed by members of a federally recognized tribe that occurred in Indian country must be subject to the sovereign immunity possessed by such Indian nations. "Indian country" is defined in 18 USC § 1151 and includes "(a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights -of -way running through the reservation..." 57. 18 USC § 1152 establishes the jurisdiction of the federal Government over Indian Country. Except as otherwise expressly provided by law, the general laws of the United States as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian country. This section shall not extend to the offenses committed by one Indian against the person or property or another Indian, nor to any Indian committing an offense who has been punished by the local law of the tribe, or to any case where, by treaty stipulations, the exclusive jurisdiction over such offenses is or may be secured to the Indian tribes respectively. 58. During the argument in McGirt and as the opinion discussed, the State of Oklahoma and its political subdivisions have been arresting, fining, and assessing fees against Tribal members for over a hundred years. This has become a pattern and practice of the State and its political subdivisions. (McGirt 591 U.S. _ (2020) (Slip Opinion at P. 23, 28, 35). 59. On June 30, 2017, Tayleur Raye Pickup was convicted of Escape from Arrest or Detention in Mayes County District Court, Oklahoma, in Case No. CM- 2016 -472, arising from events that occurred within the boundaries of the Cherokee Nation. Mr. Pickup has been unlawfully prosecuted by the State of Oklahoma and/or its political subdivisions without 13 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 14 of 22 jurisdiction. As a result of the wrongful prosecution, the State of Oklahoma and/or its political subdivisions have been unjustly enriched. 60. On October 30, 2019, Tayleur Raye Pickup was convicted of Obstructing an Officer in Mayes County District Court, Oklahoma, in Case No. CM- 2019 -482, arising from events that occurred within the boundaries of the Cherokee Nation. Mr. Pickup has been unlawfully prosecuted by the State of Oklahoma and/or its political subdivisions without jurisdiction. As a result of the wrongful prosecution, the State of Oklahoma and/or its political subdivisions have been unjustly enriched. 61. On November 2, 2015, Chanda Lynelle Butcher was convicted of Obtaining Money by Bogus Check in Mayes County District Court, Oklahoma, in Case No. CM -2014 -343, arising from events that occurred within the boundaries of the Cherokee Nation. Ms. Butcher has been unlawfully prosecuted by the State of Oklahoma and/or its political subdivisions without jurisdiction. As a result of the wrongful prosecution, the State of Oklahoma and/or its political subdivisions have been unjustly enriched. Additionally, Ms. Butcher was ordered to pay $40.00 per month to the Mayes County District Attorney's Office. 62. On July 26, 2019, Lindsey Reanna Butcher was convicted of Operating a Motor Vehicle without a Valid Driver's License in Mayes County District Court, Oklahoma, in Case No. TR -2019 -2754, arising from events that occurred within the boundaries of the Cherokee Nation. Ms. Butcher has been unlawfully prosecuted by the State of Oklahoma and/or its political subdivisions without jurisdiction. As a result of the wrongful prosecution, the State of Oklahoma and/or its political subdivisions have been unjustly enriched. 63. On July 26, 2019, Lindsey Reanna Butcher was convicted of Failing to Wear Seatbelt while Operating a Motor Vehicle in Mayes County District Court, Oklahoma, in Case No. TR- 2019 -2755 arising from events that occurred within the boundaries of the Cherokee 14 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 15 of 22 Nation. Ms. Butcher has been unlawfully prosecuted by the State of Oklahoma and/or its political subdivisions without jurisdiction. As a result of the wrongful prosecution, the State of Oklahoma and/or its political subdivisions have been unjustly enriched. 64. On October 3, 2019, Crystal Lee Leach was convicted of Failing to Wear Seatbelt while Operating a Motor Vehicle in Mayes County District Court, Oklahoma, in Case No. CM- 2019 -173, arising from events that occurred within the boundaries of the Cherokee Nation. Ms. Leach has been unlawfully prosecuted by the State of Oklahoma and/or its political subdivisions without jurisdiction. As a result of the wrongful prosecution, the State of Oklahoma and/or its political subdivisions have been unjustly enriched. Ms. Leach was additionally ordered to pay $40.00 per month to the Mayes County District Attorney's Office. 65. On April 20, 2019, Shyanne Nicole Sixkiller received a traffic ticket for Speeding issued by Locust Grove Police Department, a political subdivision of the State of Oklahoma. Ms. Sixkiller has been unlawfully prosecuted by the State of Oklahoma and/or its political subdivisions without jurisdiction. Asa result of the wrongful prosecution, the State of Oklahoma and/or its political subdivisions have been unjustly enriched. CLASS ACTION 66. Plaintiffs bring this action individually and as the representatives of all members of a Plaintiff Class pursuant to Rule 23 of the Federal Rules of Civil Procedure (the "Class "). The class of persons represented by Plaintiffs is composed of the following individuals (the "Class Members "): All Native American persons who were members of a federally recognized tribe and or had been issued CDIB card from the (Department of Interior Bureau of Indian Affairs) at the time they were prosecuted by the State of Oklahoma or one of its political subdivisions for traffic offenses or misdemeanor offenses, and the prosecution took place for actions which were alleged to have occurred solely within the boundaries of the Cherokee Reservation within the applicable statute of limitations as allowed by law. 15 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 16 of 22 67. Upon information and belief, Plaintiffs allege that the Class numbers into the thousands, if not tens of thousands, and is so numerous that joinder of all class members is impracticable. 68. Plaintiffs' claims are typical of the claims of the Class. Plaintiffs are adequate representatives of the Class because their interests do not conflict with the interests of the Class. 69. Each of the above Plaintiffs, and others similarly situated to be determined, have paid money in the form of fines, court costs, and supervision fees to the various Defendants, which constitutes the State of Oklahoma or its political subdivisions. 70. The Class described above presents a common question of law and fact to the Court. Specifically, they seek to be refunded all monies paid to the State or its political subdivisions as a result of the above - described prosecutions. 71. The claims made by the Plaintiffs are common to the Class. 72. The represented parties listed above will fairly and adequately protect the interests of the Class. 73. If these claims were prosecuted individually and separately, there is risk that the courts of the various counties (twelve counties in total) could result in different verdicts and allow for different standards of conduct on the part of the Defendants. 74. If the matters were pursued separately, an order for the return of money to one Plaintiff would be dispositive of all other cases. 75. The questions of law and fact are common to each case. Permitting the matter to proceed as a Class is the most efficient method to adjudicate these claims. Permitting these matters to proceed as a Class will promote judicial economy. 16 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 17 of 22 76. Adequate and qualified representation for the Class is necessary to protect the interests of the Class members. Plaintiffs are represented by counsel both skilled and experienced in class action litigation. a. Mark Lyons of Lyons and Clark, Inc. is an accomplished trial attorney with over 40 years of experience. He has significant experience in complex, multi -party litigation, resulting in the recovery of in excess of $10 million as well as obtaining injunctive relief on behalf of many clients. Mr. Lyons has extensive experience in the area of complex commercial and civil litigation. Mr. Lyons has the unique ability, financial ability and background to organize and prosecute this litigation. Plaintiffs will receive quality legal representation that will efficiently and aggressively pursue this matter. In addition to being a Martindale Hubbell "AV" rated law firm, the firm also has substantial litigation support staff consisting of staff attorneys, intems, paralegals and document clerks. Mr. Lyons has also served as a member and vice - chairman of the Oklahoma Ethics Commission for approximately five years. b. Plaintiffs are also represented by Misty Fields. Ms. Fields has approximately 10 years of experience in the field of criminal and civil litigation. Ms. Fields is the OIDS contractor in Mayes County and handles other murder or major crime appointments outside of that contract. Ms. Fields has tried numerous jury trials and handled complex constitutional issues in both tribal and state court, including the "commercial pet breeders case ", The Application of Charles Evans, LeFlore County Case No. CV- 2011 -56, which resulted in the underlying law being repealed as unconstitutional. Ms. Fields was the recipient of the prestigious Clarence Darrow Award in 2018. 17 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 18 of 22 C. Plaintiffs are also represented by John M. Dunn. Mr. Dunn is a former law enforcement officer and Lieutenant in the Pawnee County Sheriffs Office, practicing in Oklahoma and Federal Courts, Mr. Dunn is a member of the Northern and Eastern District of Oklahoma CJA Panel. Mr. Dunn has 15 years of experience in criminal and civil litigation and has tried over a dozen jury trial cases in federal and state court. Mr. Dunn has a history of handling complex legal issues and is often sought out by other counsel for his insight. Mr. Dunn has been published in the Oklahoma Bar Journal on three (3) separate occasions, and Mr. Dunn has four (4) published appellate cases including the notable opinion of Starkey v. Dept. of Corrections, 2013 OK 43, 305 P.3d 1004. Mr. Dunn also has experience defending a class action lawsuit, having defended numerous clients in the "Liquor Tax Class Action" in Canadian County Case No, CJ- 2009 -964. 77. The questions of law and fact common to the Class include: a. Would the application of United States Supreme Court's ruling in McGirt v. Oklahoma, Case No. 18 -9526, 591 U.S. _ (2020) to the Cherokee Nation yield that the Cherokee Reservation was never disestablished and that "[T]he State of Oklahoma does not have jurisdiction over crimes committed by or against an Indian in Indian country." State v. Klindt, 782 P.2d 401,403 (Okla. Crim. App. 1989)? b. Should the Defendants be required to return all or at least a portion of the monies they acquired without lawful authority or having jurisdiction over the Tribal members? C. How much of the money obtained by the Defendants without lawful authority should they be allowed to keep? lI: Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 19 of 22 d. Should the Defendants be required to pay interest on the monies they acquired from the Plaintiffs without legal authority? e. Should Defendants be required to pay the Class' attorney fees required to recover the ill -gotten monies? 78. These questions of law and fact are common to the Class and predominate over questions affecting only individual members. A class action is superior to other available methods for a fair and efficient adjudication of the controversy because such action is uniquely suited to determining the rights of and damages to hundreds of similarly situated individuals while minimizing the amount of legal resources which must be utilized to resolve the controversy. COUNT I: DECLARATORY JUDGMENT 79. The Plaintiffs re- allege and re -aver the allegations contained in paragraphs 1 -78. 80. Federal Rule of Civil Procedure Rule 57 provides for Declaratory Judgment when it will terminate the controversy. 81. While the United States Supreme Court has made it clear that the Creek Reservation has never been disestablished, there has not been a ruling affirmatively say that the Cherokee Reservation has not been disestablished, although a careful reading of Murphy leads to that conclusion. The application of the Solem factors leads to that conclusion, and the reasoning behind McGirr also leads to that conclusion. 82. The Plaintiffs have each been made to pay fines and costs following convictions or other judgments compelling the payment of monies to the State of Oklahoma or one of its political subdivisions. 83. The Courts of Oklahoma or their political subdivisions that entered an order convicting or deferring adjudications against members of the Class did so without jurisdiction. 19 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page M of 22 84. When a Court acts without subject matter jurisdiction, the action is void. 85. The Plaintiffs are entitled to Declaratory Judgment that the Cherokee Reservation has not been disestablished and therefore any action by the State of Oklahoma or its political subdivisions is void because the court would have lacked subject matter jurisdiction. COUNT II: MONEY HAD AND RECEIVED 86. The Plaintiffs re -allege and re -aver the allegations contained in paragraphs 1 -85. 87. The State of Oklahoma and its political subdivisions are currently in possession of monies that were tendered pursuant to void orders or that were otherwise obtained without jurisdiction. 88. Such an action arises when one has received money which in equity and good conscience should be paid to another. Continental Oil Y. Rapp, 301 P.2d 198 (Okla. 1956). The obligation to repay the money does not arise from the assent of the parties, it is implied in law. 89. Following the pronouncement of the United States Supreme Court in McGirt, it is clear that no Court of the State of Oklahoma or any political subdivision thereof had jurisdiction over the Plaintiffs in this case. It is incumbent on the State and its political subdivisions to return the monies that it has been paid. COUNT III: 1983 CLAIM 90. Plaintiffs re- allege and re -aver the allegations contained in paragraphs 1 -89. 91. Each of the political subdivisions listed above as Defendants have executed a policy of arresting, investigating, issuing citations to and collecting fines from Tribal members within the boundaries of the Cherokee Reservation. 92. In so doing, the political subdivisions have violated the rights of the Tribal members, as guaranteed by treaty, United States Federal Law and the United States Constitution. 20 Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 21 of 22 Specifically, the actions of these Defendants have violated the due process rights of the Tribal members by subjecting them to trial and punishment before a Court that had no subject matter jurisdiction. 93. Further, these political subdivisions have collected monies for fines and costs from Tribal members within the borders of the Cherokee Reservation in the form of fees and costs. 94. Tribal members are guaranteed the right by treaty and federal law to appear only before a Tribal court or in federal court. It has been long recognized that the state government has no jurisdiction over the crimes committed by a Tribal member on a reservation. 95. Yet the political subdivisions have continued to execute the policy of fining and assessing costs and fees against tribal members for misdemeanor crimes and traffic infractions committed on the Cherokee Reservation. WHEREFORE, the Plaintiffs pray this Court will enter an order certifying a Class pursuant to Federal Rule of Civil Procedure 23, grant Declaratory Judgment in favor of Plaintiffs declaring that the Cherokee Reservation has not been disestablished, and any conviction or deferred adjudication against the members of the Class by the State of Oklahoma or any political subdivision thereof to be void, and entering an order for the refund of all funds paid by the Class to the State of Oklahoma, any of its agents or political subdivisions in an amount thought to be greater than $75,000.00. /S/ Mark D. Lyons Mark Lyons, OBA #5590 Lyons and Clark, Inc. 616 S. Main, Suite 201 Tulsa, OK 74119 Telephone: (918 -599 -8844 Facsimile: (918) 599 -8585 21 Respectfully submitted, /S/ John M. Dunn John M. Dunn, OBA No. 20975 The Law Offices of John M. Dunn, PLLC 616 South Main Street, Suite 206 Tulsa, OK 74119 Telephone: (918) 526 -8000 Facsimile: (918) 359 -5050 Email: 'mdunn(@,iohndunnlaw.com Case 4:20 -cv- 00346- JED -FHM Document 2 Filed in USDC ND /OK on 07/20/20 Page 22 of 22 ATTORNEY LIEN CLAIMED 22 /s/ Misty S. Fields Misty S. Fields, OBA No. 22563 Fields & Garner, PLLC 20 Court Place Pryor, OK 74361 Telephone: (918) 824 -1114 Facsimile: (918) 512 -1775 OWASSO CITY COUNCIL RESOLUTION NO. 2020-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, RETAINING LEGAL SERVICES TO DEFEND THE CITY IN LITIGATION WHEREAS, the City of Owasso, Oklahoma, has been named in a lawsuit filed in the United States District Court for the Northern District of Oklahoma, 20-CV- 346 -JED- FHM, Tayleur Raye Pickup, et al. v. City of Owasso, et al., wherein claims have been filed against the City of Owasso by members of the Cherokee Nation, on behalf of themselves and other similarly situated persons, challenging municipal fines and costs assessed against them prior to the United States Supreme Court's recent decision in McGirt v. Oklahoma; WHEREAS, the City is required to respond to and defend the lawsuit filed by the Plaintiffs, and is required to assert all claims it may have related to the issues raised in that action; WHEREAS, approval of this resolution is in the best interest of the residents of the City of Owasso. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Owasso, Oklahoma, as follows: Keith Wilkes of the firm Hall Estill is retained by the City to represent the City in the lawsuit styled as Tayleur Raye Pickup et al. v. City of Owasso et al., 20- CV- 346- JED -FHM. Dated this 4th day of August, 2020. CITY OF OWASSO, OKLAHOMA Bill Bush, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney CITY OF OwASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 07118/2020 Department Payroll Expenses Total Expenses 105 Municipal Court 6,188.14 9,367.15 110 Managerial 22,281.92 31,148.69 120 Finance 20,880.14 31,635.58 130 Human Resources 9,330.35 13,833.36 160 Community Development 18,590.37 28,515.69 170 Engineering 19,450.92 29,80524 175 Information Systems 17,770.34 26,576.74 181 Support Services 9,421.38 14,232.71 190 Cemetery 2,230.80 3,800.51 201 Police Grant Overtime 2,966.51 3,005.78 201 Police Overtime- Covid19 1,307.32 1,324.74 215 Central Dispatch 22,753.16 38,130.96 215 Central Dispatch- Covid19 - 221 Animal Control 3,956.28 5,982.56 250 Fire Safer Grant 24,683.13 38,987.57 250 Fire Overtime- Covid19 - 280 Emergency Preparedness 129.87 144.67 370 Stormwater /ROW Maint. 9,705.06 15,162.39 515 Park Maintenance 8,453.12 13,328.29 520 Culture /Recreation 9,929.54 16,360.97 550 Community- Senior Center 5,442.58 7,451.60 580 Historical Museum 745.60 838.06 710 Economic Development 4,648.31 7,022.79 General Fund Total 220,864.84 336,656.05 185 Garage Fund Total 7,461.61 12,255.32 255 Ambulance Fund Total 553.85 622.53 250 Fire Fund 37 Total 201,808.93 288,001.65 201 Police Fund 38 Total 173,521.60 263,614.77 300 Streets Fund 39 Total 19 220.54 33,210.85 370 Stormwater Fund 27 Total 4,702.99 7,258.98 150 Worker's Compensation Total 720 Strong Neighborhoods Total 4,734,43 6,661.63 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 7130120 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL VSP ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 22,116.74 35,311.93 100,868.94 51,404.52 13,931.05 72,670.95 296,304.13 6,453.30 10,257.44 16,710.74 1,279.57 1,279.57 314,294.44 0 K L A H 0 M A DEPARTMENT Of fNVIIONMETI QUALITY SCOTT A. THOMPSON KEVIN STITT Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Governor July 8, 2020 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180, 301 West 2nd Ave Owasso, Oklahoma 74055 Re: Permit No. SL000072200395 A New Leaf - The Village Facility No. S -21310 Dear Mr. Stevens Enclosed is Permit No. SL000072200395 for the construction of 2,295 linear feet eight (8) inch sanitary sewer line, 1,355 linear feet ten (10) inch sanitary sewer line, and all appurtenances to serve the A New Leaf - The Village, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on July 8, 2020. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Respectfully, S- WL�at7Ce<Tlq'L Qusay Kabariti, P.E. Construction Permit Section Water Quality Division QK/AC/RC /md Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEC) OFFICE Danny Baldwin, PE, Wallace Engineering -Str. Conslts., Inc. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 please recycle 0 P" O K L A H O M A DEPARTMENT OF ENVIRONMENTAL OOAHTY SCOTT A. THO OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Executive Director tor PERMIT TO CONSTRUCT July 08, 2020 KEVIN STNT Governor PERMIT No.SL000072200395 SEWER LINES FACILITY No. S -21310 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 2,295 linear feet eight (8) inch sanitary sewer line, 1,355 linear feet ten (10) inch sanitary sewer line, and all appurtenances to serve the A New Leaf - The Village, located in NW /4 of Section 25, T -21 -N, R -13 -E, Tulsa County, Oklahoma, in accordance with the plans approved July 08, 2020. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDES" (OAC 252:606) rules and to comply with the state certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) 2) 3) 4) 5) 6) 7) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:656- 5- 4(c)(3) of the standards for Water Pollution Control Facility Construction. That tests will be conducted as necessary to insure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 please recycle CJ P "- O K L A H O Al A DERARTMENI Of ENVIRONMENTAL QUALITY SCOTT A.Trector N OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Executive Director PERMIT TO CONSTRUCT KEVIN STITT Governor PERMIT No.SL000072200395 SEWER LINES FACILITY No. S-21310 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 9) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 10) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 11) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2 -6 -201 et. seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOT) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 12) That all manholes shall be constructed in accordance with the standards for Water Pollution Control Facility Construction (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of Environmental Quality. 13) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Water Pollution Control Facility Construction OAC 252:656- 5- 4(c)(1) and OAC 252:656- 5- 4(c)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested using the ASTM air test procedure with no detectable leakage prior to backfilling, in accordance with the standards for Water Pollution Control Facility Construction OAC 252:656-5 - 4(c)(3). Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. Rocky Chen, P.E., Engineering Manager, Construction Permit Section Water Quality Division 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 please recycle CO P"l 0 K! A H 0 M A DEPARTMENT OF ENVIRONMENTAL GUAIITY SCOTT A. THOMPSON KEVIN 5TITT Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Governor PERMIT No.SL000072200395 SEWER LINES FACILITY No. S -21310 PERMIT TO CONSTRUCT 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 please recycle 0 K L A H 0 A A DEPARTMENT Of ENVIRONMENTAL ORALITY SCOTT A. THOMPSON KEVIN STITT Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Governor July 22, 2020 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180, 301 West 2nd Ave Owasso, Oklahoma 74055 Re: Permit No. ST000072200147 Phase I of the Wastewater Treatment Plant and Main Lift Station Expansion Project Facility No. S -21310 Dear Mr. Stevens: Enclosed is Permit No, ST000072200147 for the construction of one (1) influent lift station with a capacity of 6.4 MGD, two (2) mechanical bar screens with a manual coarse screen, two (2) grit chambers, one (1) new aeration basin with a volume of 1.65 MG and blowers with firm capacity of 5,500 scfm, one (1) 0.50 MG anoxic tank, replace the diffusres in the existing aeration basin, one (1) digester with a volume of 0.45 MG and blowers with firm capacity of 2,000 scfm, replace three (3) of the RAS pumps, install a category 5 water reuse system with liquid chlorine disinfection for equipment wash -down, electrical, instrumentation and control improvements, one (1) 250 -gpm filtrate lift station, associated yard piping and all appurtenances to serve the City of Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on July 22, 2020. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one set (1) to your engineer and retaining one (1) set for our files. Respectfully, r, Qusay R. Kabariti, P.E. Construction Permit Section Water Quality Division QRK/RG /md Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Michael F. G. Graves P.E., CP &Y, Inc. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 please recycle n CJ 0 K l A H 0 M A DEPARTMENT Of ENVIRONMENTAL OUANTY SCOTT A. THOMPSON KEVIN STITT Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Governor PERMIT No.STOOD072200147 SEWAGE TREATMENT FACILITY No. S -21310 PERMIT TO CONSTRUCT July 22, 2020 Pursuant to O.S. 27A 2- 6-401, the City of Owasso is hereby granted this Tier I Permit to construct one (1) influent lift station with a capacity of 6.4 MGD, two (2) mechanical bar screens with a manual coarse screen, two (2) grit chambers, one (1) new aeration basin with a volume of 1.65 MG and blowers with firm capacity of 5,500 scfm, one (1) 0.50 MG anoxic tank, replace the diffusres in the existing aeration basin, one (1) digester with a volume of 0.45 MG and blowers with firm capacity of 2,000 scfm, replace three (3) of the RAS pumps, install a category 5 water reuse system with liquid chlorine disinfection for equipment wash - down, electrical, instrumentation and control improvements, one (1) 250 -gpm filtrate lift station, associated yard piping and all appurtenances to serve the City of Owasso, located in Section 31, T -21 -N, R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved on July 22, 2020. VARIANCES A variance from OAC 252:656- 16 -1(b) that requires the installation of primary clarifiers ahead of conventional activated sludge process is granted. The existing treatment facility has operated satisfactorily without primary clarification since it was constructed in 2001. The aeration basin BOD loading is within the requirements of OAC 252:656. The hydraulic detention time of 14 hours with 12.2 hours in the oxic zone and 1.8 hours in the anoxic zone exceeds the requirements of OAC 252:656 - 16- 1(d)(1) of 6 -8 hours for step aeration. The system will be equipped with primary clarifiers in Phase II of the project. 2. A variance from OAC 252:656- 13- 2(g)(4) that requires the grit chamber to have a propeller with variable speed drive is granted. The equipment manufacture provided assurances and guarantees to the satisfaction of the City of Owasso that the grit removal equipment will perform satisfactorily over the plant design flow range using a constant speed impeller. PROVIISIONS AND CONDITIONS By acceptance of this permit, the permittee agrees to operate and maintain the facility in accordance with the Discharge - OPDES (NPDES) rules OAC 252:605 and to comply with the State Certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 please recycle n GO 0 K L A H 0 M A DEPARTMENT OE ENVIRONMENTAL QUALITY SCOTT A. Tfector N Executive Director OKLAHOMA DEPARTMENT Of ENVIRONMENTAL QUALITY PERMIT TO CONSTRUCT KEVIN STITT Governor PERMIT No.ST000072200147 SEWAGE TREATMENT FACILITY No. S -21310 This permit is issued subject to the following provisions and conditions. 1) That the recipient of the permit is responsible that the project receive supervision and inspection by competent and qualified personnel. 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 4) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 5) That the issuing of this permit does not relieve the responsible parties from any damage which may accrue as the result of the location and operation of the plant in this area. 6) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with the rules and regulations adopted by the Environmental Quality Board and that this Department will be notified in writing of any sale or transfer of ownership of the facilities. 7) Even though some of the treatment unit has the capability to treat wastewater at volumes larger than 4.2 million gallons /day, this permit is approved for an average hydraulic loading of only 4.2 million gallons /day. Additional modifications to the wastewater treatment, plant, a new 208 plan and new discharge permit will be required if the City of Owasso intends to operate the wastewater treatment plant beyond the limits of its current discharge permit. 8) That the permittee is responsible for complying fully with NPDES permit provisions and submitting a permit renewal application 180 days prior to permit expiration. 9) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKIAHOMA 73101 -1677 please Tecycte n �J P". O K L A H O M A DEIAN1.MEW Of ENMIRONMEN1At OUAWY SCOTT A.THOMPSON KEVIN STITT Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Governor PERMIT No.ST000072200147 SEWAGE TREATMENT FACILITY No. S -21310 PERMIT TO CONSTRUCT 10) That any notations or changes recorded on the official approved set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be a part of the plans as approved. 11) As -built plans of this project shall be placed on file with this Department within two months of the completion of the work or a certification by the engineer shall be submitted certifying that no changes have been made in the work as approved. 12) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. 0 Z6 COL� Rocky Chen, P.E., Engineering Manager, Construction Permit Section Water Quality Division 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, ORIAHOMA 73101 -1677 please recycle GO