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HomeMy WebLinkAbout2009.05.05_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: May 5, 2009 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall at 5:00 p.m. on Friday, May 1, 2009. _ J ann M. Stevens, Deputy City Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Shane Cheek, Lighthouse Church of Owasso 3. Flag Salute 4. Roll Call 5. Oath of Office for Ward 1 City Councilor Bryan Stovall and Ward 2 City Councilor Stephen Cataudella. Ms. Lombardi O. `,MA N AG ER I A L~AgendnsVCounci1~2009~O50S09.doc Owasso City Council May 5, 2009 Page 2 6. Election of Mayor Mayor Cataudella 7. Election of Vice Mayor Mayor 8. Presentation of the Character Trait of Honor, followed by a public service announcement. Dr. Heather Van Wyhe, Owasso Character Council 9. Consideration and appropriate action relating to a request for Council 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. Approval of Minutes of the Apri121, 2009 Regular Meeting. Attachment # 9-A B. Approval of Claims. Attachment # 9-B C. Approval and authorization for payment of a court ordered workers' compensation settlement in the total amount of $108,375; of which, $6,069 shall be paid in a lump sum to Dennis Thompson; $21,675 shall be paid to Attorney Victor Owens; and the remaining $80,631 shall be paid in weekly payments of $289 to Dennis Thompson for 279 weeks. D. Action relating to Council authorization to give notice, equalization, and levy of assessments against properties within the Tulsa County Sewer Improvement District No. 6 (Pleasant View Estates Addition) sufficient to pay the interest, principal, and reserve due on the outstanding indebtedness represented by the District Bonds; and, authorize payment of principal and interest to the bondholderse Attachment # 9-D Owasso City Council May 5, 2009 Page 3 10. Consideration and appropriate action relating to items removed from the Consent Agenda. 11. Consideration and appropriate action relating to a request for Council approval of a supplemental appropriation to the Workers' Compensation Self Insurance Fund. Ms. Dempster Attachment # 11 Staff will recommend Council approval of a supplemental appropriation to the Workers' Compensation Self Insurance Fund increasing the appropriation for expenditures by $108,375. 12. Consideration and appropriate action relating to a request for Council approval of annexation request OA 09-01, containing approximately 21 acres located near the southeast corner of N. 145th East Avenue and E. 106th Street North. Ms. Darnaby Attachment # 12 Staff will recommend Council approval of annexation request OA 09-01. 13. Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2009-04, a resolution designating the City Manager as the settlement representative for the settlement conference to be held on May 18, 2009 in litigation styled Tabitha Sparks v. City of Owasso, and additionally granting full and final settlement authority in this action to the City Manager for purposes of the settlement conference. Ms. Lombardi Attachment # 13 Staff recommends Council adoption of Resolution No. 2009-04. Owasso City Council May 5, 2009 Page 4 14. Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2009-059 a resolution designating the City Manager as the settlement representative for the settlement conference to be held on June 11, 2009 in litigation styled Jeanette Franger v. City of Owasso, H.D. Pitt and Tract/ Townsend, and additionally granting full and final settlement authority in this action to the City Manager for purposes of the settlement conference. Ms. Lombardi Attachment # 14 Staff recommends Council adoption of Resolution No. 2009-05. 15. Report from City Manager. 16. Report from City Attorney. 17. Report from City Councilors. 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 19. Adjournment. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, April 21, 2009 The Owasso City Council met in regular session on Tuesday, April 21, 2009 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, April 17, 2009. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Pastor Doug Gregg, Lifepoint Baptist Church. ITEM 3. FLAG SALUTE Councilor D.J. Gall led the flag salute. ITEM 4. ROLL CALL PRESENT Steve Cataudella, Mayor Jon Sinex, Vice Mayor Doug Bonebrake, Councilor D.J. Gall, Councilor Wayne Guevara, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ABSENT ITEM 5. PRESENTATION OF THE MAYOR'S PROCLAMATION Mr. Tom Campbell and Ms. Brenda Michael-Haggard representing Volunteer Central of Greater Tulsa were introduced. The Mayor then read a proclamation proclaiming April 19 -April 25, 2009 as National Volunteer Week in the City of Owasso. Owasso City Council Apri121, 2009 ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the April 7, 2009 Regular Meeting and the April 14, 2009 Special Meeting. B. Approval of Claims. C. Acknowledgement of receiving the monthly FY 2008-2009 budget status report. D. Approval of the 2009 Oklahoma Municipal Assurance Group (OMAG) ballot casting the City of Owasso's votes for Ms. Patti Kusel-Shelite (Clerk-Treasurer, Ft. Cobb) and Mr. Wilt Brown (City Manager, Hobart): and, authorization for the Mayor to execute the official ballot on behalf of the City of Owasso. Mr. Bonebrake moved, seconded by Mr. Guevara, to approve the Consent Agenda with claims totaling $668,446.87. Also included for review were the healthcare self-insurance claims report and payroll payment report for pay period 4/11/09. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5-0. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action was required on this item. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN EASEMENT CLOSURE LOCATED AT 9902 E. 93RD COURT NORTH Ms. Darnaby presented the item, recommending Council approval of the easement closure located at 9902 E. 93rd Court North. Mr. Guevara moved, seconded by Mr. Bonebrake, for Council approval of the easement closure, as recommended. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5-0. 2 Owasso City Council April 21, 2009 ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL AUTHORIZATION TO PURCHASE TEN PORTABLE RADIOS FROM TOTAL RADIO OF TULSA, OKLAHOMA Chief Clark presented the item, recommending Council authorize the sole source purchase of ten Motorola portable radios from Total Radio of Tulsa, Oklahoma in the amount of $35,586.60 as part of the Assistance to Firefighters Grant. Mr. Bonebrake moved, seconded by Mr. Sinex, for Council authorization to purchase portable radios, as recommended. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5-0. ITEM 10. REPORT FROM CITY MANAGER Mr. Ray congratulated Pastor Gregg on the success of the Owasso Egg Drop and thanked him for offering this event to our community for so many kids to enjoy. ITEM 11. REPORT FROM CITY ATTORNEY No report ITEM 12. REPORT FROM CITY COUNCILORS Mr. Bonebrake reminded citizens of the Free Landfill Day on April 25th. Mr. Rooney advised Council of event particulars. Mr. Cataudella recognized Councilor Gall for his 3 years of community service. ITEM 13. NEW BUSINESS None 3 Owasso City Council ITEM 14. ADJOURNMENT Mr. Bonebrake moved, seconded by Mr. Guevara, to adjourn. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5-0 and the meeting was adjourned at 6:45 p.m. April 2l, 2009 Stephen Cataudella, Mayor Julie Stevens, Minute Clerk 4 Claims List 05/05/09 Budget Unit Title Vendor Name Payable Description Payment Amount GENERAL TREASURER PETTY CASH CC REFUND/BORG 50.00 TREASURER PETTY CASH CC REFUND/BUNCH 50.00 TOTAL GENERAL 100.00 MUNICIPAL COURT AMERICAN MUNICIPAL SERVICES LTD WARRANT COLLECTIONS 919.25 JPMORGAN CHASE BANK PIKEPASS-TURNPIKE FEES 10.70 TREASURER PETTY CASH MEETING EXPENSE 27.00 TOTAL MUNICIPAL COURT 956.95 MANAGERIAL OFFICE DEPOT INC OFFICE SUPPLIES 63.98 SAV-ON PRINTING & SIGNS LLC PRINTING -BUSINESS CARDS 20.00 OWASSO CHAMBER OF COMMERCE REGISTRATION FEE -STATE 275.00 VMH CORPORATION TRAINING EXPENSE 900.00 USA MOBILITY WIRELESS, INC PAGER USE 7.70 ART IN BLOOM EMPLOYEE RELATIONS -FRY 43.95 JPMORGAN CHASE BANK CONFERENCEDGE-CONFERENCE 149.00 JPMORGAN CHASE BANK MEETING EXPENSE 7.05 LASERWORKS INC HP 5000 TONER CARTRIDGES 104.95 JPMORGAN CHASE BANK MEETING EXPENSE 33.70 JPMORGAN CHASE BANK QUIK TRIP-CM FUEL 27.27 JPMORGAN CHASE BANK PIKEPASS-TURNPIKE FEES 25.65 JPMORGAN CHASE BANK MEETING EXPENSE 276.59 JPMORGAN CHASE BANK F PRYOR SEMINARS-TRAINING 79.00 JPMORGAN CHASE BANK EHRLES PARTY-SUPPLIES 48.83 JPMORGAN CHASE BANK MEETING EXPENSE 15.66 JPMORGAN CHASE BANK MEETING EXPENSE 36.74 JPMORGAN CHASE BANK MEETING EXPENSE 251.78 JPMORGAN CHASE BANK MEETING EXPENSE 52.29 JPMORGAN CHASE BANK MEETING EXPENSE 38.82 JPMORGAN CHASE BANK CLE REGISTRATION 62.82 JPMORGAN CHASE BANK DOERNER-WORKSHOP 100.00 JPMORGAN CHASE BANK LOWES-FLOWERS FOR MAIN 386.94 JPMORGAN CHASE BANK IMLA-MEMBERSHIP 625.00 JPMORGAN CHASE BANK MEETING EXPENSE 5.75 JPMORGAN CHASE BANK MEETING EXPENSE 15.11 JPMORGAN CHASE BANK MEETING EXPENSE 21.68 JPMORGAN CHASE BANK BORDERS-GOOD TO GREAT 42.81 TOTAL MANAGERIAL 3,718.07 FINANCE JPMORGAN CHASE BANK OSCPA-CONFERENCE 295.00 JPMORGAN CHASE BANK OSCPA-CONFERENCE 315.00 JPMORGAN CHASE BANK PIKEPASS-TURNPIKE FEES 3.50 OFFICE DEPOT INC OFFICE SUPPLIES 3.47 TREASURER PETTY CASH DEPT FURNISHINGS 239.89 Page 1 Claims List 05/05/09 Budget Unit Title Vendor Name Payable Description Payment Amount FINANCE... TREASURER PETTY CASH MILEAGE/HESS 183.15 TOTAL FINANCE 1,040.01 HUMAN RESOURCES TREASURER PETTY CASH MILEAGE/ATCHISON 37.46 OFFICE DEPOT INC OFFICE SUPPLIES 345.86 OWASSO CHAMBER OF COMMERCE REGISTRATION FEE -STATE 125.00 URGENT CARE OF GREEN COUNTRY, P.L.L PRE-EMPLOYMENT DRUG SCREE 370.00 JPMORGAN CHASE BANK PIKEPASS-TURNPIKE FEES 10.75 JPMORGAN CHASE BANK TRAVEL EXPENSE-ATCHISON 5.41 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 25.98 JPMORGAN CHASE BANK TARGET-OFFICE SUPPLIES 7.91 JPMORGAN CHASE BANK MEETING EXPENSE 36.90 JPMORGAN CHASE BANK MEETING EXPENSE 12.00 TOTAL HUMAN RESOURCES 977 27 HR -CHARACTER INITIATIVE INTEGRITY FOCUS CHARLES R COKER CHARACTER INITIATIVE 1,700.00 TOTAL HR -CHARACTER INITIATIVE 1,700.00 GENERAL GOVERNMENT GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT MARCH 09 4,939.30 RICHARD DOLE ARBITRATOR FEES 2,305.64 OFFICE DEPOT INC OFFICE SUPPLIES 195.60 TREASURER PETTY CASH MAILING 20.93 JPMORGAN CHASE BANK LAWN AMERICA-MAINTENANCE 141.25 CINTAS CORPORATION CARPET-MAT CLEANING 21.40 COMMUNITY PUBLISHERS INC MEDIA PUBLICATION/PUBLIC 130.20 CHARNEY, BUSS, & WILLIAMS, P.C. LEGAL SERVICES - DETHEROW 156.25 JPMORGAN CHASE BANK FMCS ARBITRATION-FEES 30.00 AT&T CONSOLIDATED PHONE BILL 656.53 AT&T LONG DISTANCE LONG DISTANCE SERVICE 56.91 JPMORGAN CHASE BANK ROARK-LAWN MAINTENANCE 1,894.00 TOTAL GENERAL GOVERNMENT 10,548.01 COMMUNITY DEVELOPMENT USA MOBILITY WIRELESS, INC PAGER USE 15.40 LASERWORKS INC HP 5000 TONER CARTRIDGES 104.95 TREASURER PETTY CASH AUDIO-CONFERENCE 5.00 OFFICE DEPOT INC OFFICE SUPPLIES 23.45 OWASSO CHAMBER OF COMMERCE REGISTRATION FEE -STATE 50.00 TOTAL COMMUNITY DEVELOPMENT 198.80 ENGINEERING OFFICE DEPOT INC OFFICE SUPPLIES 29.44 RIDGWAY'S LTD 7 ROLLS OF INKJET COLOR 241.33 TOTAL ENGINEERING 270 77 Page 2 Claims List 05/05/09 Budget Unit Title Vendor Name Payable Description Payment Amount INFORMATION TECHNOLOGY OWASSO CHAMBER OF COMMERCE REGISTRATION FEE -STATE 25.00 STRATEGIC GOVERNMENT RESOURCES, INC SUPERVISOR TRAINING 89.00 JPMORGAN CHASE BANK TESTOUT-TRAINING CD 9.95 TOTAL INFORMATION TECHNOLOGY 123.95 SUPPORT SERVICES AT&T CONSOLIDATED PHONE BILL 133.89 JPMORGAN CHASE BANK LIBERTY FLAGS-POW FLAGS 69.00 JPMORGAN CHASE BANK LOWES-PLUMBING FOR OC 51.59 JPMORGAN CHASE BANK ANDREWS LIGHTING-FIXTURE 142.05 JPMORGAN CHASE BANK LOWES-LIGHT BULBS 6.76 JPMORGAN CHASE BANK LOWES-SUPPLIES 15.93 JPMORGAN CHASE BANK HOME DEPOT-SAND PAPER 4.97 JPMORGAN CHASE BANK HOME DEPOT-DRILL/RAGS 59.97 JPMORGAN CHASE BANK LOWES-FAUCET PARTS 11.94 JPMORGAN CHASE BANK PIKEPASS-TURNPIKE FEES 13.40 JPMORGAN CHASE BANK LOWES-PAINT SUPPLIES 42.55 JPMORGAN CHASE BANK BRAUMS-DOC LUNCHES 36.00 STRATEGIC GOVERNMENT RESOURCES, INC SUPERVISOR TRAINING 89.00 OWASSO CHAMBER OF COMMERCE REGISTRATION FEE -STATE 25.00 JPMORGAN CHASE BANK LOWES-SUPPLIES FOR LIGHTS 21.08 JPMORGAN CHASE BANK LOWES-CORD FOR FAN 28.43 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 24.26 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.99 OFFICE DEPOT INC OFFICE SUPPLIES 39.12 COY EVERETT BROWN FLAG LIGHT BULBS 111.00 DIRT BUSTER'S INC. MONTHLY PKG LOT CLNG - C. 135.00 RED BUD SERVICE, INC QTRLY AIR FILTER SVC - C. 41.57 USA MOBILITY WIRELESS, INC PAGER USE 7.70 JPMORGAN CHASE BANK MILL CREEK-CARPET 24,900.00 JPMORGAN CHASE BANK LOWES-THERMOCOUPLER 6.98 TOTAL SUPPORT SERVICES 26,050.18 POLICE SERVICES JPMORGAN CHASE BANK LAW ENFORCEMENT-TARGETS 149.99 JPMORGAN CHASE BANK MARLOW WHITE-UNIFORMS 557.45 JPMORGAN CHASE BANK BATTERY FOR PD UNIT 131.49 USA MOBILITY WIRELESS, INC PAGER USE 123.20 TREASURER PETTY CASH INVESTIGATION EXPENSE 500.00 TREASURER PETTY CASH MTG EXPlPER DIEM 778.14 OFFICE DEPOT INC OFFICE SUPPLIES 170.24 OWASSO CHAMBER OF COMMERCE REGISTRATION FEE -STATE 0 25.00 JPMORGAN CHASE BANK INT'L PUBLIC-LT POL TEST 311.00 JPMORGAN CHASE BANK LENOX WRECKER-UNITS 148.00 JPMORGAN CHASE BANK LOWES-REFRIGERATOR 348.00 JPMORGAN CHASE BANK OK POLICE SUPPLY-UNIFORM 74.95 JPMORGAN CHASE BANK OK POL SUPPLY-SIDESADDLE 74.90 Page 3 Claims List 05/05/09 Budget Unit Title Vendor Name Payable Description Payment Amount POLICE SERVICES... AT&T LONG DISTANCE LONG DISTANCE SERVICE 55.59 JPMORGAN CHASE BANK TURBO FLARE-BATTERY CLIPS 31.06 JPMORGAN CHASE BANK LOWES-PAPER TOWEL HOLDER 5.97 JPMORGAN CHASE BANK MEETING EXPENSE 26.08 JPMORGAN CHASE BANK 360 SPORTS-BICYCLE TOOLS 148.12 JPMORGAN CHASE BANK MEETING EXPENSE 146.05 JPMORGAN CHASE BANK OK POLICE SUPPLY-MEASURER 44.95 AT&T CONSOLIDATED PHONE BILL 497.13 JPMORGAN CHASE BANK TRAVEL EXPENSE 4.76 LAW ENFORCEMENT PSYCHOLOGICAL SERV MMPI-2 EVALUATION 80.00 ARAMARK UNIFORM & CAREER APPAREL NAME TAGS 26.54 ARAMARK UNIFORM & CAREER APPAREL GAS MASKS & FILTERS 592.81 JPMORGAN CHASE BANK YALE CLEANERS-UNIFORMS 1,593.52 JPMORGAN CHASE BANK MEETING EXPENSE 27.04 JPMORGAN CHASE BANK ORAL BOARD EXPENSE 26.72 JPMORGAN CHASE BANK GOFEDEX-MAILING PROMOTION 52.30 JPMORGAN CHASE BANK PATROL TECH-UNIFORMS 93.50 JPMORGAN CHASE BANK LENOX WRECKER-TOWING 99.62 JPMORGAN CHASE BANK WORLEYS-VERMICULITE 18.95 JPMORGAN CHASE BANK WALMART-PEN REFILL 1.73 JPMORGAN CHASE BANK SAV-ON PRINTING-BUS CARDS 30.00 TREASURER PETTY CASH NOTARY RENEWAL 20.00 TREASURER PETTY CASH UNIFORM/CAREY 72.71 TREASURER PETTY CASH HYDROSTATIC TEST 23.25 TREASURER PETTY CASH MEMBERSHIP/PARSLEY 65.00 TOTAL POLICE SERVICES 7,175.76 POLICE COMMUNICATIONS OFFICE DEPOT INC OFFICE SUPPLIES 6.64 USA MOBILITY WIRELESS, INC PAGER USE 30.80 TOTAL POLICE COMMUNICATIONS 37.44 ANIMAL CONTROL USA MOBILITY WIRELESS, INC PAGER USE 15.40 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 35.00 JPMORGAN CHASE BANK PLATINUM PROT-SURVEILLANC 180.00 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 35.00 AT&T CONSOLIDATED PHONE BILL 41.15 AT&T LONG DISTANCE LONG DISTANCE SERVICE 2.34 JPMORGAN CHASE BANK HOME DEPOT-PEST KILLER 67.76 TOTAL ANIMAL CONTROL 376.65 FIRE SERVICES AT&T LONG DISTANCE LONG DISTANCE SERVICE 15.60 ATBT MOBILITY WIRELESS SERVICE 21.68 JPMORGAN CHASE BANK PIKEPASS-TURNPIKE FEES 2.30 AT&T CONSOLIDATED PHONE BILL 208.73 Page 4 Claims List 05/05/09 Budget Unit Title Vendor Name Payable Description Payment Amount FIRE SERVICES... JPMORGAN CHASE BANK BUMPER TO BUMPER-PARTS 5.00 JPMORGAN CHASE BANK WALMART-BLENDER 35.00 JPMORGAN CHASE BANK OFFICE DEPOT-HEADSET 39.98 JPMORGAN CHASE BANK BAPTIST ATHLETIC-UNIFORM 2,461.62 JPMORGAN CHASE BANK LOWES-BATTERIES 22.48 TREASURER PETTY CASH PER DIEM/BERK 195.00 USA MOBILITY WIRELESS, INC PAGER USE 297.90 BMI SYSTEMS RENTAL OF COPIER 271.76 BMI SYSTEMS RENTAL OF COPIER 282.86 WAYEST SAFETY INC REPAIR BREATH APPARATUS 88.47 DIVERSIFIED INSPECTIONS/ITL., INC INSPECTION OF LADDER TRUC 810.90 JEFF YEATS TUITION REIMBURSEMENT 394.05 JPMORGAN CHASE BANK PATROL TECHNOLOGY-BOOTS 266.54 OWASSO CHAMBER OF COMMERCE REGISTRATION FEE -STATE 75.00 TOTAL FIRE SERVICES 5,494.87 EMERGENCY PREPAREDNES AT&T CONSOLIDATED PHONE BILL 21.86 TOTAL EMERGENCY PREPAREDNESS 21.86 STREETS JPMORGAN CHASE BANK LOWES-POLYURETHANE 23.20 JPMORGAN CHASE BANK BUMP TO BUMP-FLOOR DRY 50.79 JPMORGAN CHASE BANK LOWES-REPLACEMENT CORD 6.63 GEORGE & GEORGE SAFETY & GLOVE SUPPLIES 18.94 SHERWOOD CONSTRUCTION CO, INC MAIN STREET REPAIRS 550.00 USA MOBILITY WIRELESS, INC PAGER USE 53.90 FRED RICHARDS UNIFORMS 263.58 APAC-OKLAHOMA, INC. POTHOLES & STREET REPAIRS 793.71 SHERWOOD CONSTRUCTION CO, INC SIDEWALK REPAIR & RAMP 530.75 SHERWOOD CONSTRUCTION CO, INC MAIN STREET REPAIRS 742.50 OWASSO FENCE CO MISC. SIGN STOCK 2,102.88 SIGNALTEK INC FIELD SERVICE AGREEMENT 1,031.90 CONSOLIDATED TRAFFIC CONTROLS, INC PARTS 540.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 46.64 UNIFIRST HOLDINGS LP UNIFORM RENTAL 45.09 TOTAL STREETS 6,800.51 STORMWATER UNIFIRST HOLDINGS LP UNIFORM RENTAL 47.25 UNIFIRST HOLDINGS LP UNIFORM RENTAL 49.90 EQUIPMENT ONE RENTAL & SALES, INC. SILVER CREEK STORM PIPE 26.00 FRED RICHARDS UNIFORMS 263.58 MILL CREEK LUMBER 8 SUPPLY STORMPIPE REPAIR PROJECT 146.83 USA MOBILITY WIRELESS, INC PAGER USE 53.90 JPMORGAN CHASE BANK OREILLY-PARTS 74.19 JPMORGAN CHASE BANK OREILLY-OIL & FILTER 33.48 Page 5 Claims List 05/05/09 Budget Unit Title Vendor Name Payable Description Payment Amount STORMWATER... JPMORGAN CHASE BANK GREEN COUNTRY-PARTS 426.67 BROWN FARMS LLC SOD 80.00 MILL CREEK LUMBER & SUPPLY FORMBOARDS 115.83 GEORGE & GEORGE SAFETY & GLOVE SUPPLIES 18.94 MAINLINE HOLDING COMPANY, LLC STORMPIPE REPAIR PROJECT 616.70 ANCHOR STONE COMPANY STORMPIPE REPAIR PROJECT 524.21 TOTAL STORMWATER 2,477.48 PARKS ADT SECURITY SERVICES INC SECURITY SERVICES 50.91 TREASURER PETTY CASH SUPPLIES 4.17 TERRA-PAD, INC FALL ZONE WOOD FIBER 2,036.00 UNIFIRST HOLDINGS LP UNIFORM RENTAUCLEANING 16.73 BRIAN DRENTHE MOWING ATOR, CENTENNIAL 999.00 BRIAN DRENTHE MOWING ATOR, CENTENNIAL 80.00 BRIAN DRENTHE MOWING ATOR, CENTENNIAL 60.00 JPMORGAN CHASE BANK PIKEPASS-TURNPIKE FEES 3.30 AT&T CONSOLIDATED PHONE BILL 170.46 AT&T LONG DISTANCE LONG DISTANCE SERVICE 2.19 TREASURER PETTY CASH REFUND PARK FEE 25.00 JPMORGAN CHASE BANK EQUIPMENT ONE-SKID STEER 195.00 TOTAL PARKS 3,642.76 COMMUNITY CENTER JPMORGAN CHASE BANK JOHNSTONE-BELT/FILTER 16.64 AT&T CONSOLIDATED PHONE BILL 123.02 JPMORGAN CHASE BANK LOWES-PAINT AND SUPPLIES 144.18 AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.82 JPMORGAN CHASE BANK HOBBY LOBBY-DECOR 76.42 OFFICE DEPOT INC OFFICE SUPPLIES 545.90 STRATEGIC GOVERNMENT RESOURCES, INC SUPERVISOR TRAINING 89.00 ASSOCIATED PARTS & SUPPLY, INC FILTERS FOR HTG/AC UNIT 17.36 TOTAL COMMUNITY CENTER 1,014.34 HISTORICAL MUSEUM AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.24 JPMORGAN CHASE BANK LIBERTY FLAGS-FLAG POLE 1,236.00 AT&T CONSOLIDATED PHONE BILL 71.84 TOTAL HISTORICAL MUSEUM 1,309.08 ECONOMIC DEV JPMORGAN CHASE BANK MEETING EXPENSE 14.84 JPMORGAN CHASE BANK MEETING EXPENSE 32.98 JPMORGAN CHASE BANK MEETING EXPENSE 45.68 JPMORGAN CHASE BANK MEETING EXPENSE 33.11 TOTAL ECONOMIC DEV 126.61 Page 6 Claims List 05/05!09 Budget Unit Title Vendor Name Payable Description Payment Amount FUND GRAND TOTAL 74,161.3 AMBULANCE SERVICE UNITED HEALTHCARE AMBULANCE REFUND 414.08 TRAILBLAZERS MEDICARE AMBULANCE REFUND 373.90 SHENANDOAH LIFE INS. AMBULANCE REFUND 93.48 MARILYN BAILEY AMBULANCE REFUND 89.38 WPS TRICARE ADMINISTRATION AMBULANCE REFUND 116.61 COMMUNITY CARE LIFE & HEALTH AMBULANCE REFUND 348.43 TOTAL AMBULANCE SERVICE 1,435.88 AMBULANCE MEDICLAIMS INC BILLING SERVICES 5,957.25 MEDICLAIMS INC BILLING SERVICES 8,771.38 OFFICE DEPOT INC OFFICE SUPPLIES 341.94 HUTCHENS INNOVATIVE PARTNERS, LLC PLUGS, 20 AMP MARINCO SHO 101.08 FULLERTON HYDRO-TEST INC. RENTAL OF OXYGEN CYLINDER 73.85 AT&T MOBILITY WIRELESS SERVICE 81.88 JPMORGAN CHASE BANK CVC-SUPPLIES 2,788.15 JPMORGAN CHASE BANK MEDTRONIC-SUPPLIES 228.03 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 99.00 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 360.70 JPMORGAN CHASE BANK MEETING EXPENSE 27.32 JPMORGAN CHASE BANK PSI-SUPPLIES 922.80 JPMORGAN CHASE BANK MEDTRONIC-SUPPLIES 1,329.62 JPMORGAN CHASE BANK ALLMED-SUPPLIES 36.04 JPMORGAN CHASE BANK ALLMED-SUPPLIES 55.44 JPMORGAN CHASE BANK ALLMED-SUPPLIES 122.00 JPMORGAN CHASE BANK ALLMED-SUPPLIES 1,972.47 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 41.99 JPMORGAN CHASE BANK ALLMED-SUPPLIES 64.20 JPMORGAN CHASE BANK ALLMED-SUPPLIES 2,233.28 JPMORGAN CHASE BANK ALLMED-SUPPLIES 12.58 TOTAL AMBULANCE 25,621.00 FUND GRAND TOTAL 27,056.8 E911 COMMUNICATIONS AT8~T CONSOLIDATED PHONE BILL 274.55 INCOG-E911 E911 SERVICES -MARCH 09 5,207.65 TOTAL E911 COMMUNICATIONS 5,482.20 FUND GRAND TOTAL 5,482.2 JUVENILE COURT - JV COUR- YOUTH SERVICES OF TULSA COURT SERVICES -MARCH 09 3,750.00 Page 7 Claims List 05/05/09 Budget Unit Title Vendor Name Payable Description Payment Amounl TOTAL JUVENILE COURT - JV COURT 3,750.00 FUND GRAND TOTAL 3,750.0 STRONG NEIGHBORHOODS JPMORGAN CHASE BANK DELL-LAPTOP/NEIGH COOR 1,830.89 TOTAL STRONG NEIGHBORHOODS 1,830.89 FUND GRAND TOTAL 1,830.8 STORMWATER - STORMWATI THE BENHAM COMPANIES ENGINEERING SERVICES 797.06 USGS NATIONAL CENTER MS 270 BIRD CREEK GAGE AGREEMENT 4,100.00 TOTAL STORMWATER - STORMWATER 4,897.06 FUND GRAND TOTAL 4,897.0 CI - 140 E AVE EXTENSION CRAFTON, TULL AND ASSOCIATES, INC CONSULTING SERVICES 21,825.00 TOTAL CI - 140 E AVE EXTENSION 21,825.00 CI -TRAFFIC SIGNAL ENHAN TRAFFIC ENGINEERING CONSULTANTS,INC ENGINEERING SERVICES 690.00 TOTAL CI -TRAFFIC SIGNAL ENHAN 690.00 CI -SPK BB FIELD TRI-STAR CONSTRUCTION, LLC CONCRETE WORK 6,400.00 TOTAL CI -SPK BB FIELD 6,400.00 FUND GRAND TOTAL 28,915.0 CITY GARAGE CLASSIC CHEVROLET, INC. VEHICLE PARTS 134.83 CLASSIC CHEVROLET, INC. VEHICLE PARTS 18.25 CLASSIC CHEVROLET, INC. VEHICLE PARTS 229.06 CLASSIC CHEVROLET, INC. VEHICLE PARTS 46.60 B & M OIL COMPANY INC OIL & FLUIDS 1,419.00 FRN OF TULSA, LLC UNITED FORD PARTS FOR CITY VEHICLES 53.45 FRN OF TULSA, LLC UNITED FORD PARTS FOR CITY VEHICLES 30.70 RANDY STARK BREAK B GONE WINDSHIELD REPL POLICE CA 195.00 USA MOBILITY WIRELESS, INC PAGER USE 7.70 JPMORGAN CHASE BANK LOWES-WATER COOLER PARTS 40.40 JPMORGAN CHASE BANK LOWES-WATER COOLER PARTS 9.00 OCT EQUIPMENT, LLC BATTERY FOR 07 LOADER 119.33 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 35.69 CLASSIC CHEVROLET, INC. VEHICLE PARTS -127.35 STRATEGIC GOVERNMENT RESOURCES, INC SUPERVISOR TRAINING 89.00 Page 8 Claims List 05/05/09 Budget Unit Title Vendor Name Payable Description Payment Amount CITY GARAGE... UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 35.69 W.W. GRAINGER, INC. DBA GRAINGER PARTS WASH BAY DOOR CITY 39.83 O'REILLY AUTOMOTIVE INC VEHICLE PARTS 17.81 O'REILLY AUTOMOTIVE INC VEHICLE PARTS 929.65 WARREN POWER & MACHINERY, L.P PARTS FOR DUMP TRUCK 86.14 CLASSIC CHEVROLET, INC. VEHICLE PARTS 172.59 CLASSIC CHEVROLET, INC. VEHICLE PARTS 85.34 CLASSIC CHEVROLET, INC. VEHICLE PARTS 19.28 FRONTIER INTERNATIONAL TRUCKS, INC PARTS FOR DUMP TRUCK -158.47 JPMORGAN CHASE BANK ATWOODS-PARTS FOR PW TRK 13.27 FRONTIER INTERNATIONAL TRUCKS, INC PARTS FOR DUMP TRUCK 158.47 AT&T LONG DISTANCE LONG DISTANCE SERVICE 2.72 AT&T MOBILITY WIRELESS SERVICE 58.49 AT&T CONSOLIDATED PHONE BILL 41.16 TOTAL CITY GARAGE 3,802.63 FUND GRAND TOTAL 3,802.6 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 308.41 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 578.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 85.12 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 1,798.59 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 885.41 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 578.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 1,255.31 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 28,611.00 TOTAL WORKERS' COMP SELF-INS 34,099.84 FUND GRAND TOTAL 34,099.8 GEN LIAB-PROP SELF INS WOOD, PURL & WOOD, P.L.L.C ATTORNEY FEES -SEAMAN II 1,184.00 ATKINSON, HASKINS, NELLIS, BRITTING ATTORNEY FEES -FRANGER 2,168.55 ATKINSON, HASKINS, NELLIS, BRITTING ATTORNEY FEES -SPARKS 525.17 RIGGS, ABNEY, NEAL, TURPEN, ORBISON ATTORNEY FEES -FRANGER 2,607.50 WOOD, PUHL & WOOD, P.L.L.C ATTORNEY FEES - SEAMAN I 6,831.19 KIM ARBUCKLE, AGENT OF WILLIAM BEAM TORT CLAIM 17,508.83 TOTAL GEN LIAB-PROP SELF INS 30,825.24 FUND GRAND TOTAL 30,825.2 PLEASANT VIEW DEBT SERV EDWARD D. JONES CO. SEWER IMPROVEMENT BONDS 5,360.00 TOTAL PLEASANT VIEW DEBT SERV 5,360.00 Page 9 Claims List 05/05/09 Budget Unit Title Vendor Name Payable Description Payment Amounl FUND GRAND TOTAL 5,360.0 CITY GRAND TOTAL $220,181.11 Page 10 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 5/05/09 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 38,436.60 35,735.62 32,043.06 16,053.44 16,563.95 138,832.67 2,204.37 2,204.37 2,677.22 1,196.79 3,874.01 144,911.05 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 04/25/09 Department Payroll Expenses Total Expenses Municipal Court 4,586.31 6,031.17 Managerial 18,939.91 24,980.57 Finance 12,938.02 18,192.36 Human Resources 6,010.55 8,733.18 Community Development 12,370.59 16,777.23 Engineering 12,992.03 18,561.11 Information Systems 9,283.60 13,826.98 Support Services 7,615.48 11,085.54 Police 99,033.33 142,512.64 Central Dispatch 8,469.37 13,140.04 Animal Control 2,218.44 3,287.10 Fire 89,309.72 126,880.54 Emergency Preparedness 2,732.83 3,912.91 Streets 7,793.80 12,167.34 Stormwater/ROW Maint. 7,886.71 10,843.43 Park Maintenance 8,020.02 11,854.58 Community-Senior Center 2,721.60 4,109.48 Historical Museum 2,054.82 2,721.96 Economic Development 3,589.32 4,817.74 General Fund Total 318,566.45 454,435.90 Garage Fund Total 4,025.60 5,806.38 Ambulance Fund Total 17,013.41 24,110.93 Emergency 911 Fund Total 2,823.14 4 379.89 _Worker's Compensation Total 1,845.95 2,295.06 Strong Neighborhoods 2,077.12 2,975.58 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ANGELA HESS FINANCE DIRECTOR SUBJECT: ASSESSMENT OF SEWER IMPROVEMENT DISTRICT DATE: Apri123, 2009 BACKGROUND: In 1995, homeowners in the Pleasant View Estates Addition approached staff concerning the ability to connect to City sewers in order to alleviate septic system problems in their subdivision. The addition was outside the City limits at that time, but collection lines were designed in conformance with established city criteria. The homeowners elected to form a Sewer Improvement District (Tulsa County Sewer Improvement District No. 6) and issue bonds to finance construction. On February 18, 1997, Council agreed to accept, operate and maintain the system contingent upon the vote of the District. In March 1997, the District held an election to consider the transfer and conveyance of the sewer system to the city. The District agreed to the consolidation. The "Agreement for Consolidation of Sewer Improvement District with City of Owasso and for Cormection of Sanitary Sewer Systems to Existing Excess Capacity Sanitary Sewer System" was approved by Council on Apri121, 1998. That agreement provided that the City would: 1. Accept the sewer system and consolidate the District with the City, and 2. Collect a reimbursement from properties subsequently connected to the system that utilize excess capacity. Reimbursements to be calculated in the amount of $1,338.58 per acre and be applied solely to amortization and satisfaction of the bonded indebtedness. 3. Give notice, equalization and levy of assessments for satisfaction of bonded indebtedness. TRANSFER OF ASSETS: On August 6, 1998, the District transferred all assets of the District, to the City of Owasso. The amount received from the District paid the first payments of bonds and interest, which were due November 1, 1998. Each year, the City Council authorizes the assessment of the consolidated Sewer District for each property ownero The last assessment paid the bond principal and interest due on May 1, 2009 and will pay the bond interest due on November 1, 20090 ASSESSMENT FOR 2009: In order to assure the continued flow of money from the District to pay for the interest and principal of the bonds, it is necessary to assess the homeowners on an annual basis. In calendar 2010, the amount of principal and interest due is $5,000 and $420, respectively. In addition, 10% may be collected to set aside as a reserve for any nonpayment of assessments. This year, each homeowner assessment will be a total of $542.00, which includes $500.00 for principal and $42.00 for interest. This amount must be assessed now to receive payment in early 2010. Upon acceptance, staff will mail notifications to homeowners in Pleasant View Estates concerning assessment and also to the Tulsa County Treasurer for actual assessment. RECOMMENDATION: Staff recommends Council authorize notice, equalization and levy of assessments against properties within the Tulsa County Sewer Improvement District #6 sufficient to pay the interest and principal due on the outstanding indebtedness represented by the District Bonds, and authorize payment of principal and interest to the bondholders. ATTACHMENTS: Notice of Assessment Amortization Schedule for Payment of Bonds and Interest City o Owasso m~a 111 North Main ~~.v~~"'=t PO Box 180 ~ ~ ~~ ~*~ Owasso, OK 74055 ' ~ 3 i ~~ ~ ~~ May 7, 2009 TULSA COUNTY SEWER IMPROVEMENT DISTRICT NO. 6 (Consolidated with the City of Owasso) 111 N. Main Owasso, Oklahoma 74055 NOTICE OF ASSESSMENT (918) 376-1500 FAX (918) 376-1599 Notice is hereby given of the amount of the annual assessment for the Tulsa County Sewer Improvement District No. 6. Oklahoma law requires the Board of Directors to levy an annual assessment sufficient to pay the interest of the bonds issued by the District, as it falls due, and also to constitute a sinking fund for the payment of the principal of the funds, plus a reserve for delinquent assessments in the amount of ten percent (10%). The Board of Directors has levied the following annual assessments on your property, according to Oklahoma law: Interest Principal Reserve Total $42.00 $500.00 $0.00 $542.00 Enclosed is an amortization schedule, showing the accrual of interest on the bonds and the schedule for the payment of principal and interest. Angela Hess Finance Director City of Owasso for the Consolidated Tulsa County Sewer Improvement District No. 6 TULSA COUNTY SEWER IMPROVEMENT DISTRICT NO. 6 AMORTIZATION SCHEDULE FOR PAYMENT OF BONDS AND INTEREST Payment Principal Bond Total Due Date Balance Call Principal Interest Payment 100,000.00 11/01/98 97,000.00 #3-5 3,000.00 15,000.00 18,000.00 1998 Assessment 05/01/99 92,000.00 #6-10 5,000.00 2,910.00 7,910.00 11/01/99 92,000.00 0.00 2,760.00 2,760.00 1999 Assessment 05/01/00 92,000.00 0.00 2,760.00 2,760.00 11/01/00 87,000.00 #11-15 5,000.00 2,760.00 7,760.00 2000 Assessment 05/01 /01 55,000.00 #16-47 32,000.00 2,610.00 34,610.00 11 /01 /01 55,000.00 0.00 1,650.00 1,650.00 2001 Assessment 05/01/02 55,000.00 0.00 1,650.00 1,650.00 11/01/02 47,000.00 #48-55 8,000.00 1,650.00 9,650.00 2002 Assessment 05/01/03 42,000.00 #56-60 5,000.00 1,410.00 6,410.00 11 /01 /03 42,000.00 0.00 1,260.00 1,260.00 2003 Assessment 05/01/04 42,000.00 0.00 1,260.00 1,260.00 11/01/04 34,000.00 #61-68 8,000.00 1,260.00 9,260.00 2004 Assessment 05/01/05 27,000.00 #69-75 7,000.00 1,020.00 8,020.00 11 /01 /05 27,000.00 0.00 810.00 810.00 2005 Assessment 05/01/06 27,000.00 0.00 810.00 810.00 11/01/06 22,000.00 #76-80 5,000.00 810.00 5,810.00 2006 Assessment 05/01/07 17,000.00 #81-85 5,000.00 660.00 5,660.00 11 /01 /07 17,000.00 0.00 510.00 , 510.00 2007 Assessment 05/01/08 17,000.00 0.00 510.00 510.00 11/01/08 12,000.00 #86-90 5,000.OU 510.00 5,510.00 2008 Assessment 05/01/09 7,000.00 #91-95 5,000.00 360.00 5,360.00 11 /01 /09 7,000.00 0.00 210.00 210.00 2009 Assessment 05/01!10 7,000.00 0.00 210.00 210.00 11/01/10 2,000.00 #96-100 5,000.00 210.00 5,210.00 2010 Assessment 05/01/11 0.00 #101-102 2,000.00 60.00 2,060.00 Total Payments 100,000.00 45,630.00 145,630.00 The above amortization schedule is subjecf to change contingent upon the development of properties north of 96th St. N. If developed, developers will reimburse the District at a rate of $1,338.50 per acre. Any reimbursments wip be applied to the payoff of the bonds. Note: $27,000 was received for Johnson properties and applied toward bond payoff May 2001. $1,780 was received in December 2004 and applied toward bond payoff May 2005. A homeowner paid $3,170.34, their share of the total District liability in September of 2004. Funds were applied toward bond payoff November 2004. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: MICHELE DEMPSTER HUMAN RESOURCES DIRECTOR SUBJECT: SUPPLEMENTAL APPROPRIATION FOR WORKERS' COMPENSATION FUND DATE: April 27, 2009 BACKGROUND: The City is self-insured for workers' compensation. This means that all costs associated with an employee's on-the job injury are paid by the City through the Workers' Comp fund, up to $750,000 per injury. The City purchases Excess insurance that would cover an injury exceeding $750,000. The Workers' Comp fund accounts for revenues and expenses associated with self- insuring workers' compensation. The sole revenue source for the workers' compensation fund is the percentage of payroll charged to each department. Expenditures include expenses relating to medical treatment, compensation, settlements, and plan administration. As mentioned at the April 7`" Council meeting, four significant settlements had not been finalized as of that date. One of the four outstanding settlements referred to on April 7`" is included in the May 5`" consent agenda. Wherein there is a request for authorization and approval a settlement resulting from an on-the job injury for Dennis Thompson in the amount of $108,375. As a result of the settlement awarded by the Workers' Comp Court to Dennis Thompson a supplemental appropriation is being requested in an amount of $108,375. The Workers' Comp fund has an available fund balance of $407,000. RECOMMENDATION: Staff recommends Council approval of a supplemental appropriation in the Workers' Compensation Self-Insurance Fund budget increasing expenditures in the amount of $108,375. MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ANNEXATION 09-01 DATE: APRIIL 29, 2009 BACKGROUND: The City of Owasso has received a request for the annexation of approximately 21 acres, located near the southeast corner of North 145`" East Avenue and East 106th Street North. It is the intention of the owners to rezone the property and develop it residentially. LOCATION: The tract is located near the southeast corner of East 106`" Street North and North 145th East Avenue. The subject property wraps around the five-acre tract situated at the hard corner of the intersection. EXISTING LAND USE: The subject property is currently undeveloped. SURROUNDING LAND USE: North: Single-Family Residential (Lake Valley), with the hard corner of the northeast corner of 145th East Avenue and East 106th Street North being zoned for commercial uses South: Rogers County Residential-Pine Brook Crossing East: Rogers County Agriculture West: Currently undeveloped, but zoned for Multi-Family Residential and Commercial Uses Coffee Creek PRESENT ZONING: AG (Agricultural District) -Rogers County MASTER PLAN DESIGNATION: The planned land use for the property is transitional, which would allow duplex, town homes, multi-family residential, and office zoning designations. DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. The third step in the development of a piece of property in Owasso is platting. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of--way widths, easements, and other physical characteristics that must be provided for review by the City. ANALYSIS: The City of Owasso has received a request from Mark Bedair for the annexation of approximately 21 acres, more or less. The subject property is located in the southeast corner of East 106th Street North and North 145th East Avenue. The property is currently undeveloped. Rural residential development exists to the south and west. The property is currently zoned AG (Agricultural District) in Rogers County, it is surrounded by AG (Agricultural District). A general area map is attached for you review. At this time, it is staff's understanding, that the applicant is requesting this annexation petition in order to begin a process that will result in the development of residential facilities to the site which would include attached-single family dwelling unites and multi-family dwelling units. If the property is annexed into the city, the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat and site plan review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works including but not limited to paved streets and sidewalks. The property will be served sewer by the City of Owasso and water by the Rural Water District #3 of Rogers County. Development of the property would be required to participate in the Elm Creek Interceptor sanitary sewer payback ($1,580 per acre), the TTC Interceptor sanitary sewer payback ($1,000 per acre), and the emergency storm siren fee ($35 per acre). Preliminarily, it appears that the property contains a significant amount of floodplain. During the development process, the staff will ensure compliance with federal, state and local flood development regulations. The Owasso Land Use Master Plan calls for transitional development, such as multi-family residential and/or office uses, to occur in this general area. ANNEXATION COMMITTEE: The Owasso Annexation Committee reviewed the annexation request at their regularly scheduled meeting on March 25, 2009. At that meeting, the committee voted to recommend approval of the annexation request. PLANNING COMMISSION: The Owasso Planning Commission reviewed the annexation request at their regularly scheduled meeting on April 13, 2009, the item passed with a 4-1 vote. At the Planning Commission hearing, two citizens spoke about the annexation request, voicing concerns about stormwater drainage and lack of notification. The citizens reside within Pine Brook Crossing, asingle-family subdivision located immediately south and downstream of the property that is the subject of the annexation request. Municipal drainage laws would require that the rate of stormwater runoff after development occurs be no greater than the rate of stormwater runoff existing prior to development. Annexation of the property would place any future development under the jurisdiction of the City of Owasso, who would enforce such regulations. After hearing the citizens' concerns about having not received notification of the Planning Commission hearing, the staff reviewed the abstractor's list of addresses for the notification and confirmed that not all of the property owners within 300' of the subject tract were sent notifications of the hearing by mail. Therefore, staff researched the locations of the properties that had not been notified and delivered/mailed new notifications to each of those addresses. Additionally, City Council consideration of the annexation request, that would have ordinarily occurred the week after the Planning Commission, was postponed until May 5, 2009 so that property owners who were not notified of the Planning Commission hearing could be adequately notified of the City Council meeting. RECOMMENDATION: The staff finds that the property is likely to develop. If such development occurs within Owasso's corporate limits, then the improvements will be inspected according to City standards; whereas the development could still take place if the annexation is not approved, but in that case the improvements would only be required to meet the standards of Rogers County. Staff recommends approval of the request to annex the property into the corporate limits of the City of Owasso. ATTACHMENTS: General Area Map 8 SUBJECT PROPERTY I CITY OF OWASSO 02/18/09 k.?;: i^k'.2~ ~E.I'-a'i.' :s.IV .'t.+:G'i_Th;.f:.TE . ~; .~.ri,..a.rv'~-}~ cz=.z. Iz.cr~w:.z~.ssra•i Legend _~r•i~ rs 111 N. Nlain Street P.O. Box 180 Owasso, OK 74055 91 R.376.15UU MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: SETTLEMENT CONFERENCE IN TABITHA SPARKS V CITY OF OWASSO, CJ-2007-00664 DATE: May 5, 2009 BACKGROUND: A legal action was filed against the City of Owasso on January 30, 2007, by Tabitha Sparks. This legal action arises from an automobile accident which occurred on September 1, 2006. between Ms. Sparks and Officer Michael Barnes. Officer Barnes was responding to an emergency call in his police vehicle while utilizing both emergency lights and sirens. A collision occurred when Officer Barnes attempted to pass Ms. Sparks on E. 116th Street North. Officer Barnes noted that Ms. Sparks slowed her vehicle and presumed that she was appropriately yielding to his emergency lights and siren. However, as Officer Barnes attempted to pass Ms. Sparks on the left side of her vehicle, she executed a left turn onto N. 123rd East Avenue and collided with the police vehicle. Ms. Sparks alleges that Officer Barnes was negligent in the operation of his vehicle and that the City is consequently liable for the alleged injuries sustained by Ms. Sparks when the collision occurred. CONCLUSION: The Code of Civil Procedure requires attendance at settlement conferences by a person with full settlement authority for any organization named as a defendant in the lawsuit. Although a representative cannot be compelled to settle the case, defendants in lawsuits are required to confer full settlement authority upon a representative to be used at the representative's discretion during the settlement conference. In this case, given that the Court has issued an order scheduling a settlement conference on May 18, 2009, and has compelled attendance and participation by the parties, it is necessary for the City of Owasso to vest a representative with full settlement authority to attend the settlement conference on the City's behalf. RECOMMENDATION: The staff recommends City Council approval of Resolution No. 2009-04, designating the City Manager, Rodney J. Ray, as the authorized settlement representative for the City of Owasso in the case of Tabitha Sparks v City of Owasso, and confers full and final settlement authority upon him for the potential disposition of this case. ATTACHMENT: Resolution No. 2009-04 OWASSO CITY COUNCIL RESOLUTION NO.2009-04 A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE TO BE HELD ON MAY 18, 2009, IN THE LITIGATION STYLED TABITHA SPARKS V THE CITY OF OWASSO, AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS ACTION TO THE CITY MANAGER FOR PURPOSES OF THE SETTLEMENT CONFERENCE. WHEREAS: The above-named City of Owasso is a party to litigation currently filed in the District Court of Tulsa County captioned as Tabitha Sparks v the City of Owasso, CJ-2007- 00664; and, WHEREAS: The defendant has been ordered to attend, through an authorized settlement representative, asettlement conference before the Court to occur on the 18`" day of May 2009, in the Tulsa County Courthouse in Tulsa, Oklahoma; and, WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the City Manager for purposes of the settlement conference. THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Rodney J. Ray, in his capacity as City Manager, is hereby designated as the settlement representative of the City of Owasso for purposes of the above- described settlement conference; AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray, in his capacity as City Manager, is hereby vested with full and final settlement authority on behalf of the City of Owasso for purposes of the settlement conference to be held on May 1 S, 2009. APPROVED AND ADOPTED this St'' day of May, 2009, by the City Council of the City of Owasso, Oklahoma. Mayor Attest: Sherry Bishop, City Clerk Approved As To Form: Julie T. Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: SETTLEMENT CONFERENCE IN JEANETTE RUTH FRANGER V. TRACY TOWNSEND, H.D. PITT AND THE CITY OF OWASSO, CIV-08- 0763 DATE: May 5, 2009 BACKGROUND: The Plaintiff s cause of action arose from her arrest on October 19, 2007. On that day, a City of Owasso Animal Control Officer responded to a complaint at 8405 N. 128'h East Avenue in reference to dogs that were at large while chasing and biting children. Ms. Franger was located at that residence sitting in her vehicle. The Animal Control Officer explained to Ms. Franger that her dogs were unleashed and at large, and presented a threat to children. Additionally, the Animal Control Officer informed Ms. Franger that the number of dogs at the residence exceeded the number of dogs allowed in the City of Owasso Code of Ordinances. Ms. Franger was asked for, and refused to provide, proof of rabies vaccination certificates for the animals, and also refused to provide her driver's license when asked. The Animal Control Officer requested back-up assistance from the Owasso Police Department, and Officers Tracy Townsend and H.D. Pitt arrived on the scene. The Animal Control Officer wrote Ms. Franger a citation for not having proof of the dogs' rabies vaccinations. The Animal Control Officer then explained the citation to Ms. Franger and requested that she sign the citation The Animal Control Officer also explained to Ms. Franger that her signature was merely a promise to appear in court and not an admission of guilt. Ms. Franger refused to sign the citation. Ultimately, Officers Townsend and Pitt removed Ms. Franger from her vehicle and placed her under arrest for resisting arrest and resisting a public official. CONCLUSION: The Federal Rules of Civil Procedure require attendance at settlement conferences by a person with full settlement authority for any organization named as a defendant in the lawsuit. Although a representative cannot be compelled to settle the case, defendants in federal lawsuits are required to confer full settlement authority upon a representative to be used at the representative's discretion during the settlement conference. In this case, given that the Court has issued an order scheduling a settlement conference on June 11, 2009, and has compelled attendance and participation by the parties, it is necessary for the City of Owasso to vest a representative with full settlement authority to attend the settlement conference on the City's behalf. RECOMMENDATION: The staff recommends City Council approval of Resolution No. 2009-OS designating the City Manager, Rodney J. Ray, as the authorized settlement representative for the City of Owasso in the case of Jeanette Ruth Franger v. Tracy Townsend, H.D. Pitt and the City of Owasso; and, confers full and final settlement authority upon him for the potential disposition of this case. ATTACHMENT: Resolution No. 2009-OS OWASSO CITY COUNCIL RESOLUTION NO. 2009-OS A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE TO BE HELD ON JUNE 11, 2009, IN THE LITIGATION STYLED JEANETTE RUTH FRANGER V TRACY ALLEN TOWNSEND, H.D. PITT AND THE CITY OF OWASSO, AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS ACTION TO THE CITY MANAGER FOR PURPOSES OF THE SETTLEMENT CONFERENCE. WHEREAS: The above-named City of Owasso police officers and the City of Owasso are parties to litigation currently filed in the United States District Court for the Northern District of Oklahoma captioned as Jeanette Ruth Framer v Tracy Allen Townsend, H.D. Pitt and the Cites Owasso, CIV-08-0763; and, WHEREAS: The defendants have been ordered to attend, through an authorized settlement representative, asettlement conference before the Court to occur on the 11th day of June 2009, in the United States Courthouse in Tulsa, Oklahoma; and, WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the City Manager for purposes of the settlement conference. THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Rodney J. Ray, in his capacity as City Manager, is hereby designated as the settlement representative of the City of Owasso for purposes of the above- described settlement conference, AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray, in his capacity as City Manager, is hereby vested with full and final settlement authority on behalf of the City of Owasso for purposes of the settlement conference to be held on June 11, 2009. APPROVED AND ADOPTED this St" day of May, 2009, by the City Council of the City of Owasso, Oklahoma. Mayor Attest: Sherry Bishop, City Clerk Approved As To Form: Julie T. Lombardi, City Attorney