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HomeMy WebLinkAbout2011.01.18_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL RECEIVED TYPE OF MEETING: Regular !JAN 14 2011 DATE: January 18, 2011 TIME: 6:30 p.m. City Cleric°S 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 6:00 p.m. on Friday, January 14, 2011. uliann M. Stevens, Deputy City Clerk AGENDA 1. Call to Order Mayor Doug Bonebrake 2. Invocation Father Richard Bradley, St. Henry's Catholic Church 3. Flag Salute 4. Roll Call 5. Recognition of Picture If! Owasso Photo Contest Finalists and Winners. Ms. Harkins 6. Presentation of the Employee of the Quarter for 2011. Mr. Ray 7. Consideration and appropriate action relating to a request for City 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 January 4, 2011 Regular Meeting and the January 11, 2011 Special Meeting. Attachment # 7-1 A % B. Approval of Claims. Attachment # 7-B C. Acknowledge receipt of the monthly FY 2010-11 budget status report. Attachment # 7-C D. Approval of the following retirement benefits from the City's Oklahoma Municipal Retirement Fund (OMRF) retirement plan: Marcia Boutwell, Normal Retirement; Wanda Scott, Normal Retirement; and Rose Marie Fennell, Early Retirement. Attachment # 7-D Owasso City Council January 18, 201 1 Page 2 8. Consideration and appropriate action relating to items removed from the Consent Agenda. Consideration and appropriate action relating to a request for City Council approval of contracts for the purchase of rights of way, easements, and compensation for damages for the East 106th Street North and Garnett Intersection Improvement Project; authorization for the Mayor to execute the required documentation; and authorization for payment. Mr. Stevens Attachment # 9 Staff recommends City Council approval of contracts for the purchase of rights of way, easements, and compensation for damages in the amount of $156,350 to David & Connie Kannady, and $57,800 to Daniel & Leslie Clark; authorization for the Mayor to execute the required documentation; and authorization for payment in the aforementioned amounts. 10. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing confidential communications between the City of Owasso and its attorney, relating to litigation styled Huntley vs. City of Owasso; such executive session provided for in O.S. 25, Section 307(B)(4). Mayor Bonebrake Attachment # 10 11. Consideration and appropriate action relating to a request for City Council approval of Resolution No. 2011-02, designating the City Manager as the settlement representative for the settlement conference to be held on January 27, 2011, in the litigation styled Huntley 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 # 10 Staff recommends City Council approval of Resolution No. 2011-02. 12. Consideration and appropriate action relating to a request for City Council approval of the Future Owasso Rams (FOR) Sports Park Building Site Ground Lease and authorization for the City Manager to execute the contract. Mr. Lombardi Attachment # 12 Staff recommends City Council approval of the FOR Sports Park Building Site Ground Lease and authorization for the City Manager to execute the contract. 13. Consideration and appropriate action relating to a request for City Council approval of a budget amendment in the General Fund, increasing the appropriation for expenditures by $63,000. Mr. Ray Attachment # 13 Staff recommends City Council approval of a budget amendment in the General Fund for professional services provided by Heartland Consulting. Owasso City Council January 18, 2011 Page 3 14. Consideration and appropriate action relating to a request for City Council approval of an extension to the City Manager's authorization to raise private funds for the historic filling station reconstruction project. Mr. Ray Attachment # 14 Staff recommends City Council extend the City Manager's authorization to raise private funds for the historic filling station reconstruction project to the date of December 31, 2011. 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, January 4, 2011 The Owasso City Council met in regular session on Tuesday, January 4, 2011 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Thursday, December 30, 2010. ITEM 1. CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Pastor Scott Carlson of Central Baptist Church. ITEM 3. FLAG SALUTE Councilor Cataudella led the flag salute. ITEM 4. ROLL CALL PRESENT Doug Bonebrake, Mayor Steve Cataudella, Councilor Wayne Guevara, Councilor Bryan Stovall, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ABSENT Jon Sinex, Vice Mayor ITEM 5. PRESENTATION OF THE CHARACTER TRAIT OF ATTENTIVENESS Ms. Michele Dempster, Owasso Character Council Member, presented to the City Council "Attentiveness," the Character Trait of the Month for January, 2011. ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the December 21, 2010 Regular Meeting. B. Approval of Claims. Mr. Guevara moved, seconded by Mr. Stovall to approve the Consent Agenda with claims totaling $126,878.08. Also included for review were the healthcare self-insurance claims report and payroll payment report for pay period 12/18/10. Owasso City Council January 4, 2011 YEA: Bonebrake, Guevara, Cataudella, Stovall NAY: None Motion carried 4-0. 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 AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING CONFIDENTIAL COMMUNICATIONS BETWEEN THE CITY OF OWASSO AND ITS ATTORNEY, RELATING TO LITIGATION STYLED PERMAUL VS. CITY OF OWASSO; SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307(B)(4) Mr, Guevara moved, seconded by Mr, Cataudella, to enter into executive session, YEA: Guevara, Bonebrake, Cataudella, Stovall NAY: None Motion carried 4-0. The Council entered into executive session at 6:35 p.m. and returned at 7:00 p.m. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF RESOLUTION NO 2011-01, DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE TO BE HELD ON JANUARY 12, 2011, IN THE LITIGATION STYLED PERMAUL V. CITY OF OWASSO, ET AL., AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS ACTION TO THE CITY MANAGER FOR THE PURPOSES OF THE SETTLEMENT CONFERENCE Ms. Lombardi presented the item, recommending City Council approval of Resolution No, 2011- 01. Mr. Cataudella moved, seconded by Mr. Guevara, to approve Resolution No. 2011-01, as recommended. YEA: Guevara, Bonebrake, Cataudella, Stovall NAY: None Motion carried 4-0. ITEM 10. REPORT FROM CITY MANAGER Mr. Ray provided a report on recent City events and activities. 2 Owasso City Council ITEM 11. REPORT FROM CITY ATTORNEY No report. ITEM 12. REPORT FROM CITY COUNCILORS Members of the Council provided a report on recent Council and City activities. ITEM 13. NEW BUSINESS None ITEM 14. ADJOURNMENT Mr. Cataudella moved, seconded by Mr. Stovall, to adjourn. YEA: Bonebrake, Guevara, Cataudella, Stovall NAY: None Motion carried 4-0 and the meeting was adjourned at 7:57 p.m. January 4, 2011 Doug Bonebrake, Mayor Kian Kamas, Minute Clerk 3 OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, January 11, 2011 The Owasso City Council met in a special meeting on Tuesday, January 11, 2011 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Friday, January 7, 2011. ITEM 1: CALL TO ORDER Vice Mayor Sinex called the meeting to order at 6:04 PM. PRESENT ABSENT Doug Bonebrake, Mayor None Jon Sinex, Vice Mayor Steve Cataudella, Councilor Wayne Guevara, Councilor Bryan Stovall, Councilor A quorum was declared present. ITEM 2: PRESENTATION BY ALABACK DESIGN ASSOCIATES ON THE QUALITY OF LIFE INITIATIVE Mr. Fritschen introduced representatives from Alaback Design Associates. Dan Alaback and Mike Peters of Alaback Design Associates presented the preliminary concepts for the Quality of Life Plan. ITEM 3: DISCUSSION RELATING TO OPERATIONAL ITEMS A. Bid Review - Meadowcrest Gravity Sewer Relief Line B. Re-hearing of PUD 04-01 - The Reserve at Elm Creek Mr. Warren Lehr presented information regarding bids received for the Meadowcrest Gravity Sewer Relief Line project. Mr. Lehr noted an item would be placed on the January 18, 2011 Regular City Council Meeting agenda for consideration and appropriate action if no objections were expressed by Council members. It was further explained that item 3(B) was tabled by the Planning Commission at their January meeting. ITEM 4: DISCUSSION RELATING TO CITY MANAGER ITEMS A. Police Department Strategic Plan B. Proposed Amendments to the Special Exception Review Process C. Political Campaign Signage D. City Manager Report 1. Sales Tax Report A.) Mr. Dan Yancey presented the Police Department's Strategic Plan. B.) Mr. Karl Fritschen presented proposed amendments to the Special Exception review process. C,) Mr. Ray presented information relating to the City's recent citizen survey regarding the placement of campaign or political signage in the public rights of way. Discussion was held. D.) Under the City Manager Report, Mr. Ray provided information on the following items: 1 - the most recent sales tax report 2 - an anticipated request for Council action to extend the agreement with Heartland Consulting 3 - continued efforts to provide an equitable solution to sewer charges assessed to rural water district customers residing in the city limits 4 - SAFER GRANT was not awarded to the City of Owasso, however staff is in the process of making application for future Owasso City Council January 11, 2011 grant funding 5 - an anticipated future presentation to the City Council from the Tulsa Chamber regarding the Tulsa's Future II campaign and 6 - continued discussions with the Owasso Soccer Club relating to the development of user agreements. ITEM 6: REPORT FROM CITY COUNCILORS No Report ITEM 7: ADJOURNMENT Mr. Guevara moved for adjournment, seconded by Mr. Sinex. YEA: Sinex, Bonebrake, Guevara, Stovall, Cataudella NAY: None Motion carried 5-0, Meeting adjourned at 8:51 PM. Mayor, Doug Bonebrake Juliann M, Stevens, Deputy City Clerk Claims List 01/18/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL WELBORN DEWAYNE REFUND OF ZONING FEES 300.00 TREASURER PETTY CASH OC REFUND/ASCOLL 250.00 TREASURER PETTY CASH CC REFUND/CLEMENTS 50.00 AEP/PSO STREET LIGHTS 14.61 TOTAL GENERAL 614.61 MUNICIPAL COURT TREASURER PETTY CASH CLEET FEE 16.95 TOTAL MUNICIPAL COURT 16.95 MANAGERIAL TREASURER PETTY CASH MEETING EXPENSE 10.00 TREASURER PETTY CASH MEETING EXPENSE 10.00 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 228.06 JPMORGAN CHASE BANK MEETING EXPENSE 30.22 JPMORGAN CHASE BANK TRAVEL EXPENSE 7.98 CITY GARAGE LABOR/OVERHEAD CHARGES - 41.67 JPMORGAN CHASE BANK WORDCOM-SUPPLIES 31.02 JPMORGAN CHASE BANK MEETING EXPENSE 14.97 JPMORGAN CHASE BANK PIKEPASS-FEES 10.10 TRAIL'S END CATERING COMMUNITY RELATIONS 351.40 ART IN BLOOM COMMUNITY EVENT - VETERAN 100.00 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 182.63 OWASSO CHAMBER OF COMMERCE REGISTRATION FEE/RAY 25.00 WAL-MART CORP SAMS CLUB 77150903608 EMPLOYEE APPRECIATION 746.38 AMERICAN SOCIETY OF COMPOSERS AUTHO 2011 LICENSE FEE 309.00 TOTAL MANAGERIAL 2,098.43 FINANCE JPMORGAN CHASE BANK NOWDOCS-1099 ENVELOPES 25.20 CITY GARAGE LABOR/OVERHEAD CHARGES - 41.67 TREASURER PETTY CASH MILEAGE REIMBURSEMENT 20.80 TREASURER PETTY CASH MILEAGE REIMBURSEMENT 5.85 TOTAL FINANCE 93.52 HUMAN RESOURCES JPMORGAN CHASE BANK TULSA WORLD-ADVERTISING 464.28 JPMORGAN CHASE BANK CHARACTER BULLETINS 422.05 AMERICANCHECKED, INC ATTN: BILLING PRE-EMPLOYMENT BACKGROUND 254.80 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 227.00 JPMORGAN CHASE BANK CLAREMORE DAILY-AD 39.30 JPMORGAN CHASE BANK MEETING EXPENSE 14.46 JPMORGAN CHASE BANK USPS-POSTAGE 10.04 TOTAL HUMAN RESOURCES 1,431.93 HR -CHARACTER INITIATIVE JPMORGAN CHASE BANK ATWOODS-ZIP TIES 27.98 Page 1 Claims List 01/18/201'i Budget Unit Title Vendor Name Payable Description Payment Amouni TOTAL HR - CHARACTER INITIATIVE 27.98 GENERAL GOVERNMENT UNITED STATES CELLULAR CORPORATION CELL PHONE SERVICE 5.97 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL-COX 451.50 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL-MILLER 67.50 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 1,379.68 COMMUNITY PUBLISHERS INC PUBLICATIONS 21.00 JPMORGAN CHASE BANK AMERICAN WASTE-REFUSE 135.32 XEROX CORPORATION COPIER SERVICE & SUPPLIES 231.26 CHARNEY, BUSS, & WILLIAMS, P.C. LEGAL SERVICES - DETHEROW 62.50 TULSA COUNTY CLERK FILING FEES 39.00 COMMUNITY PUBLISHERS INC PUBLICATIONS 133.00 COMMUNITY PUBLISHERS INC PUBLICATIONS 138.60 COMMUNITY PUBLISHERS INC PUBLICATIONS 138.60 COMMUNITY PUBLISHERS INC PUBLICATIONS 182.00 COMMUNITY PUBLISHERS INC PUBLICATIONS 161.00 JPMORGAN CHASE BANK OWASSO COPIER-MAINT CHGS 360.00 TITUS HILLIS & REYNOLDS, P.C. LEGAL SERVICES 107.50 TITUS HILLIS & REYNOLDS, P.C. LEGAL SERVICES 17.64 MAIL FINANCE, INC POSTAGE MACHINE LEASE 413.11 MAILROOM FINANCE INC POSTAGE 1,000.00 TOTAL GENERAL GOVERNMENT 5,045.18 COMMUNITY DEVELOPMENT TULSA COUNTY MIS TULSA COUNTY LAND RECORDS 30.00 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 205.44 CITY GARAGE PARTS FOR RESALE - DEC 20 50.83 JPMORGAN CHASE BANK OML-CODE ENFORCE CEU'S 370.00 CITY GARAGE LABOR/OVERHEAD CHARGES - 125.00 TOTAL COMMUNITY DEVELOPMENT 781.27 ENGINEERING CITY GARAGE LABOR/OVERHEAD CHARGES - 166.67 UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 UNITED STATES CELLULAR CORPORATION CELL PHONE SERVICE 56.43 JPMORGAN CHASE BANK HOME DEPOT-STAKES/FLAGS 39.82 CITY GARAGE PARTS FOR RESALE - DEC 20 123.71 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 623.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 TOTAL ENGINEERING 1,036.03 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK COX-MONTHLY FIBER 1,550.00 JPMORGAN CHASE BANK GODADDY.COM-SSL CERT 35.98 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 30.25 JPMORGAN CHASE BANK DELL-TAXES REFUNDED -11.86 CITY GARAGE PARTS FOR RESALE - DEC 20 98.99 Page 2 Claims List 01/18/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni INFORMATION TECHNOLOGY JPMORGAN CHASE BANK DELL-DOCKING STATION IT 60.18 JPMORGAN CHASE BANK DELL-DOCKING STATION 43.39 JPMORGAN CHASE BANK DELL-MONITOR 65.60 JPMORGAN CHASE BANK DELL-MONITOR 90.98 JPMORGAN CHASE BANK GLOBAL-LAPTOP 969.00 JPMORGAN CHASE BANK GLOBAL-WARRANTY 125.00 JPMORGAN CHASE BANK BEST BUY-IPAD/ACCESSORIES 641.97 JPMORGAN CHASE BANK HOSTICA-WEB HOSTING 1.47 JPMORGAN CHASE BANK DELL-REFUND -9.00 CITY GARAGE LABOR/OVERHEAD CHARGES - 41.67 TOTAL INFORMATION TECHNOLOGY 3,733.62 SUPPORT SERVICES CITY GARAGE LABOR/OVERHEAD CHARGES - 166.67 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 JPMORGAN CHASE BANK OREILLYS-SUPPLIES 4.99 JPMORGAN CHASE BANK ASSOC PARTS-SUPPLIES 456.95 JPMORGAN CHASE BANK LIGHTING-BULBS/BALLASTS 230.20 JPMORGAN CHASE BANK LOWES-WIRE NUTS 3.00 JPMORGAN CHASE BANK LOWES-CLEANING SUPPLIES 12.92 JPMORGAN CHASE BANK ROBERTSON-SUPPLIES 54.80 JPMORGAN CHASE BANK LOWES-SUPPLIES 39.94 JPMORGAN CHASE BANK HORIZON MECH-BOILER SVCS 6,263.01 JPMORGAN CHASE BANK HEATWAVE-PARTS 156.92 JPMORGAN CHASE BANK MURPHY SANITARY-SUPPLIES 249.84 COX COMMUNICATIONS INTERNET SVC OC BLDG 69.95 CITY GARAGE PARTS FOR RESALE - DEC 20 151.65 A PLUS SERVICE INC ALARM REPAIR 120.00 JPMORGAN CHASE BANK HEATWAVE-CREDIT -12.32 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 474.76 TOTAL SUPPORT SERVICES 8,481.78 CEMETERY VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC 34.75 TOTAL CEMETERY 34.75 POLICE SERVICES JPMORGAN CHASE BANK OWASSO COPIER-MAINT CHGS 360.00 JPMORGAN CHASE BANK CENTER MASS-UNIFORM PINS 45.96 JPMORGAN CHASE BANK THINKGEEK-KEYCHAIN CAMERA 51.48 JPMORGAN CHASE BANK THOMSON WEST-CLEAR ACCESS 923.44 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 8,575.98 CITY GARAGE PARTS FOR RESALE - DEC 20 6,533.69 JPMORGAN CHASE BANK TARGET-RETURN -16.69 JPMORGAN CHASE BANK PIKEPASS REBILLS-FEES 37.90 JPMORGAN CHASE BANK TAPE-ANNUAL MEMBERSHIP 50.00 Page 3 Claims List 01/18/2011 Budget Unit Title Vendor Name Payable Description Payment Amount POLICE SERVICES... JPMORGAN CHASE BANK DELL-PRINTER 221.55 JPMORGAN CHASE BANK DELL-PAPER TRAY 73.63 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 528.61 JPMORGAN CHASE BANK WALMART-TISSUES 7.28 JPMORGAN CHASE BANK LOWES-SUPPLIES 24.72 JPMORGAN CHASE BANK OWASSO FITNESS-GYM FEES 15.00 JPMORGAN CHASE BANK OWASSO FITNESS-GYM FEES 165.00 JPMORGAN CHASE BANK JIM NORTON-FUEL 20.01 JPMORGAN CHASE BANK TARGET-OFFICE SUPPLIES 76.91 JPMORGAN CHASE BANK WALMART-SUPPLIES 35.56 JPMORGAN CHASE BANK WATERSTONE-DRY CLEANING 1,477.65 CITY GARAGE LABOR/OVERHEAD CHARGES - 4,666.67 TOTAL POLICE SERVICES 23,874.35 POLICE COMMUNICATIONS JPMORGAN CHASE BANK BOB BARKER-UNIFORMS 378.66 JPMORGAN CHASE BANK WALMART-PRISONER MEALS 135.09 JPMORGAN CHASE BANK WALMART-SUPPLIES 19.94 JPMORGAN CHASE BANK AMAZON-BATTERY 25.95 JPMORGAN CHASE BANK WALMART-DETERGENT 35.91 TOTAL POLICE COMMUNICATIONS 595.55 ANIMAL CONTROL FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 184.96 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 129.99 JPMORGAN CHASE BANK LOWES-CLEANING SUPPLIES 41.97 JPMORGAN CHASE BANK HOME DEPOT-SURGE PROTECTO 12.43 JPMORGAN CHASE BANK A & W SERVICES-REPAIRS 171.50 CITY GARAGE LABOR/OVERHEAD CHARGES - 166.67 JPMORGAN CHASE BANK WATERSTONE-DRY CLEANING 63.00 TOTAL ANIMAL CONTROL 770.52 FIRE SERVICES JPMORGAN CHASE BANK BUMPER TO BUMPER-FILTER 13.49 CITY GARAGE LABOR/OVERHEAD CHARGES - 1,166.67 JPMORGAN CHASE BANK TARGET-DISHES 34.13 JPMORGAN CHASE BANK EQUIPMENT ONE-REPAIR PART 174.26 JPMORGAN CHASE BANK OWASSO FITNESS-GYM FEES 435.00 JPMORGAN CHASE BANK WORDCOM-TONER CARTRIDGE 136.00 JPMORGAN CHASE BANK UNITED ENGINES-REPAIRS 108.00 JPMORGAN CHASE BANK MAIL THIS-SHIPPING 10.35 JPMORGAN CHASE BANK WAYEST-SCBA REPAIR PARTS 32.25 JPMORGAN CHASE BANK WALMART-LAUNDRY SOAP 47.88 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 13.67 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 1,893.15 WAYNE R. GAYLORD ELECTRICAL REPAIR 300.00 MINE SAFETY APPLIANCES, CO SOLARIS REPAIR 300.00 Page 4 Claims List 01/18/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni FIRE SERVICES... JPMORGAN CHASE BANK LOWES-WEATHER STRIP 22.38 JPMORGAN CHASE BANK BAPTIST ATHLETIC-APPAREL 470.00 JPMORGAN CHASE BANK BMI IMAGENET-OVERAGE 298.50 JPMORGAN CHASE BANK LOWES-REPAIR PARTS 4.16 JPMORGAN CHASE BANK JCPENNEY-APPAREL 90.00 JPMORGAN CHASE BANK ATWOODS-SALVAGE TARPS 426.90 JPMORGAN CHASE BANK ATWOODS-SALVAGE TARPS 62.98 JPMORGAN CHASE BANK ATWOODS-SALVAGE TARPS 256.83 CITY GARAGE PARTS FOR RESALE - DEC 20 28.08 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 2,018.45 TOTAL FIRE SERVICES 8,343.13 EMERGENCY PREPAREDNES VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILLS FOR SIRENS 20.40 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILLS FOR SIRENS 20.55 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILLS FOR SIRENS 20.40 TOTAL EMERGENCY PREPAREDNESS 61.35 STREETS SHERWOOD CONSTRUCTION CO, INC CONCRETE 201.25 UNIFIRST HOLDINGS LP UNIFORM SERVICES 29.49 CITY GARAGE LABOR/OVERHEAD CHARGES - 1,166.67 UNIFIRST HOLDINGS LP UNIFORM SERVICES 24.49 JPMORGAN CHASE BANK PMSI-FIBER PATCH 498.00 SHERWOOD CONSTRUCTION CO, INC CONCRETE 442.75 JPMORGAN CHASE BANK MUSTARDSEED-SEAT REPAIR 75.00 AEP/PSO STREET LIGHTS 5,158.58 JPMORGAN CHASE BANK ATWOODS-BATTERY CHARGER 119.99 JPMORGAN CHASE BANK ATWOODS-WINTER APPAREL 144.98 JPMORGAN CHASE BANK ATWOODS-APPAREL 104.98 JPMORGAN CHASE BANK AMAZON-STRENGTHS FINDER 29.55 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 1,425.20 CITY GARAGE PARTS FOR RESALE - DEC 20 259.74 JPMORGAN CHASE BANK AMERIFLEX HOSE-HOSE 31.40 AMERICAN ELECTRIC POWER MAIN STREET LIGHTING 1,000.00 AMERICAN ELECTRIC POWER SILVER CREEK LIGHTING 513.00 JPMORGAN CHASE BANK OWASSO LUMBER-SUPPLIES 99.84 BINGHAM SAND & GRAVEL CO., INC SALT FOR SNOW & ICE 1,835.94 WORKHEALTH SOLUTIONS, LLC HEPATITUS VACCINES 40.55 JPMORGAN CHASE BANK OWASSO LUMBER-LUMBER 38.00 JPMORGAN CHASE BANK OWASSO LUMBER-CEDAR 23.58 TOTAL STREETS 13,262.98 STORMWATER WORKHEALTH SOLUTIONS, LLC HEPATITUS VACCINES 224.55 J & R EQUIPMENT VIDEO CAMERA REPAIR PARTS 239.37 J & R EQUIPMENT VIDEO CAMERA REPAIR PARTS 511.80 Page 5 Claims List 01/18/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni STORMWATER... JPMORGAN CHASE BANK P & K EQUIPMENT-FUEL CAP 77.77 CITY GARAGE PARTS FOR RESALE - DEC 20 29.47 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 723.10 JPMORGAN CHASE BANK AMAZON-STRENGTHS FINDER 29.55 JPMORGAN CHASE BANK LOWES-STAPLE GUN 72.32 JPMORGAN CHASE BANK ATWOODS-BAR OIL 16.36 JPMORGAN CHASE BANK THOMPSONS STORE-STRAW 140.00 JPMORGAN CHASE BANK LOWES-FENCE STAKES 78.50 JPMORGAN CHASE BANK LOWES-PARTS 2.79 JPMORGAN CHASE BANK LOWES-SHOP VAC 93.97 UNIFIRST HOLDINGS LP UNIFORM SERVICES 45.11 CITY GARAGE LABOR/OVERHEAD CHARGES - 1,166.67 UNIFIRST HOLDINGS LP UNIFORM SERVICES 45.29 TOTAL STORMWATER 3,496.62 PARKS ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 188.90 CITY GARAGE LABOR/OVERHEAD CHARGES - 250.00 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 246.01 UNIFIRST HOLDINGS LP UNIFORM RENTALS & CLEANIN 14.65 UNIFIRST HOLDINGS LP UNIFORM RENTALS & CLEANIN 14.65 ROGERS COUNTY RURAL WATER DISTRICT WATER SERVICE AT CENTENNI 128.00 TOTAL PARKS 842.21 COMMUNITY CENTER FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 264.13 CITY GARAGE PARTS FOR RESALE - DEC 20 52.97 CITY GARAGE LABOR/OVERHEAD CHARGES - 41.67 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 718.20 JPMORGAN CHASE BANK CHARACTER BULLETINS 35.00 JPMORGAN CHASE BANK OREILLYS-BLOWER BELT 10.32 JPMORGAN CHASE BANK TUCKER JANT'L-SUPPLIES 189.40 TOTAL COMMUNITY CENTER 1,311.69 HISTORICAL MUSEUM ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 290.75 TOTAL HISTORICAL MUSEUM 290.75 ECONOMIC DEV JPMORGAN CHASE BANK WEBSCRIBBLE-HOSTING 19.99 CITY GARAGE LABOR/OVERHEAD CHARGES - 41.67 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 81.09 TOTAL ECONOMIC DEV 142.75 FUND GRAND TOTAL 76,387.9 AMBULANCE SERVICE SHIRLEY SCHEUCH AMBULANCE REFUND 77.34 Page 6 Claims List 01/18/2011 Budget Unit Title Vendor Name Payable Description Payment Amounl AMBULANCE SERVICE... UNITED HEALTHCARE AMBULANCE REFUND 412.90 JUANITA THORP AMBULANCE REFUND 50.00 UNITED HEALTHCARE AMBULANCE REFUND 74.46 ACCENT AMBULANCE REFUND 640.58 RILLA BOYD AMBULANCE REFUND 79.74 JEROLD WINSBY ESTATE AMBULANCE REFUND 33.36 NICK BYRNE AMBULANCE REFUND 18.00 JANE FISHER AMBULANCE REFUND 100.00 TOTAL AMBULANCE SERVICE 1,486.38 AMBULANCE JPMORGAN CHASE BANK SAFE KIDS-RECERTIFICATION 50.00 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2010 1,615.82 JPMORGAN CHASE BANK BLACK & DECKER-SUPPLIES 535.52 JPMORGAN CHASE BANK FULLERTON-MEDICAL OXYGEN 61.50 CITY GARAGE LABOR/OVERHEAD CHARGES - 1,000.00 CITY GARAGE PARTS FOR RESALE - DEC 20 202.24 JPMORGAN CHASE BANK SAFE KIDS-RECERTIFICATION 50.00 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 907.94 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 71.76 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 208.05 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 66.56 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 390.98 OK STATE DEPT OF HEALTH EMERGENCY RE-REGISTRATION 550.00 OK STATE DEPT OF HEALTH EMERGENCY AMBULANCE SERVICE RENEWAL 240.00 NATIONAL REGISTRY OF EMTS RE-REGISTRATION OF MEDICS 340.00 MEDICAL COMPLIANCE SPECIALTY INC MEDICAL WASTE DISPOSAL 114.00 MEDICAL COMPLIANCE SPECIALTY INC MEDICAL WASTE DISPOSAL 114.00 MEDICAL COMPLIANCE SPECIALTY INC MEDICAL WASTE DISPOSAL 114.00 JPMORGAN CHASE BANK PHARM SYSTEMS-SUPPLIES 697.66 JPMORGAN CHASE BANK PHARM SYSTEMS-SUPPLIES 1,268.20 JPMORGAN CHASE BANK PHARM SYSTEMS-SUPPLIES 85.37 JPMORGAN CHASE BANK ALLMED-SUPPLIES 991.79 JPMORGAN CHASE BANK ALLMED-SUPPLIES 1,027.95 TOTAL AMBULANCE 10,703.34 FUND GRAND TOTAL 12,189.7 E911 COMMUNICATIONS JPMORGAN CHASE BANK TOTAL RADIO-MAINT FEE 285.00 TOTAL E911 COMMUNICATIONS 285.00 FUND GRAND TOTAL 285.0 HOTEL TAX - ECON DEV JPMORGAN CHASE BANK HAMPTON-BUY OWASSO 1,000.00 Page 7 Claims List 01/18/2011 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL HOTEL TAX - ECON DEV 1,000.00 1,000.0 FUND GRAND TOTAL STORMWATER - STORMWATI MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES 3,145.00 TOTAL STORMWATER - STORMWATER 3,145.00 STORMWATER ATLAS MAPPI MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES 3,535.50 TOTAL STORMWATER ATLAS MAPPING 3,535.50 FUND GRAND TOTAL 6,680.5 CI - 86 STIR MAIN--MEM SEVEN C'S ENTERPRISES, INC EASEMENT & RIGHT OF WAY 2,100.00 TOTAL CI - 86 STR MAIN--MEM 2,100.00 CI - 106/GARNETT INTERS EC SEVEN C'S ENTERPRISES, INC EASEMENT & RIGHT OF WAY 3,688.00 MEADERS & ASSOCIATES, LLC. EASEMENT & RIGHT OF WAY 600.00 TOTAL CI -106/GARNETT INTERSEC 4,288.00 FUND GRAND TOTAL 6,388.0 CITY GARAGE JPMORGAN CHASE BANK CLASSIC CHEVROLET-REPAIRS 187.24 JPMORGAN CHASE BANK UNITED FORD-PARTS RESALE 2,226.99 JPMORGAN CHASE BANK UNITED FORD-PARTS 168.32 JPMORGAN CHASE BANK UNITED FORD-PARTS 2,227.07 JPMORGAN CHASE BANK UNITED FORD-BELT 32.40 JPMORGAN CHASE BANK AMERIFLEX HOSE-HOSE 25.60 JPMORGAN CHASE BANK AMERIFLEX HOSE-HOSE 75.00 T & W TIRE, LP TIRE REPAIR 105.00 T & W TIRE, LP TRASH TRUCK TIRES 474.96 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 RANDY STARK WINDSHIELD REPAIR 195.00 QUALITY TIRE & AUTO SERVICE, LLC WHEEL ALIGN & REPAIRS 710.83 JPMORGAN CHASE BANK TULSA CLEANING-SOAP 210.00 JPMORGAN CHASE BANK B & M OIL-PARTS 95.70 JPMORGAN CHASE BANK BUMPER TO BUMPER-PARTS 2.58 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 JPMORGAN CHASE BANK OREILLYS-PARTS 5,215.72 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 711.37 JPMORGAN CHASE BANK B&M OIL-PARTS RESALE 396.28 TOTAL CITY GARAGE 13,126.60 Page 8 Claims List 01/18/2011 Budget Unit Title Vendor Name Payable Description Payment Amount 13,126.6 FUND GRAND TOTAL WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 264.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 342.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 578.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 264.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 342.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 578.00 TOTAL WORKERS' COMP SELF-INS 2,946.00 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 940.50 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 808.24 UNITED SAFETY & CLAIMS INC WORKERS COMP TPA SERVICE 1,550.00 OK TAX COMMISSION SPECIAL TAX UNIT MULTIPLE INJURY TRUST FUN 2,152.43 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 8,774.30 TOTAL WORKERS' COMP SELF-INS 14,225.47 17 171.4 , FUND GRAND TOTAL GEN LIAB-PROP SELF INS WOOD, PUHL & WOOD, P.L.L.C LEGAL SERVICES - HUNTLEY 8,915.07 WOOD, PUHL & WOOD, P.L.L.C LEGAL SERVICES - PERMAUL 1,212.13 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL SERVICES - MILLER 3,296.25 TOTAL GEN LIAB-PROP SELF INS 13,423.45 423.4 13 , FUND GRAND TOTAL CITY GRAND TOTAL $146,652.69 Page 9 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 01/0112011 Department Payroll Expenses Total Expenses Municipal Court 4,586.31 6,232.76 Managerial 19,338.36 26,968.95 Finance 15,397.26 22,820.48 Human Resources 5,680.73 9,417.52 Community Development 13,654.66 19,939.81 Engineering 9,900.34 15,317.89 Information Systems 8,588.23 13,680.00 Support Services 6,612.12 9,691.74 Police 105,221.62 159,892.98 Central Dispatch 13,968.36 23,354.76 Animal Control 2,531.32 3,831.15 Fire 91,921.25 137,528.55 Emergency Preparedness 2,798.43 4,334.67 Streets 5,725.84 8,921.35 Stormwater/ROW Maint. 6,754.50 10,675.15 Park Maintenance 5,052.74 8,156.31 Community-Senior Center 3,022.99 4,992.71 Historical Museum 342.64 658.43 Economic Development 2,826.92 3,792.87 General Fund Total 323,924.62 490,208.08 Garage Fund Total 4,103.60 6,529.33 Ambulance Fund Total 19,092.51 28,567.79 Emergency 911 Fund Total 2,465.01 4,121.51 Worker's Compensation Total 5,704.84 6,872.98 Strong Neighborhoods 2,077.12 3,149.04 Stormwater Detention 25.00 28.29 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 1118111 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 38,273.04 HEALTHCARE MEDICAL SERVICE 33,245.59 HEALTHCARE MEDICAL SERVICE 30,488.37 HEALTHCARE MEDICAL SERVICE 20,657.28 HEALTHCARE MEDICAL SERVICE 33,610.74 HEALTHCARE DEPT TOTAL 156,275.02 DELTA DENTAL DENTAL MEDICAL SERVICE 517.50 DENTAL MEDICAL SERVICE 6,143.40 DENTAL MEDICAL SERVICE 856.80 DENTAL MEDICAL SERVICE 1,430.20 ADMIN FEES 2,028.09 ADMIN FEES 2,043.05 DENTAL DEPT TOTAL 13,019.04 VSP VISION MEDICAL SERVICES 1,760.68 ADMIN FEES 1,215.99 VISION DEPT TOTAL 2,976.67 HEALTHCARE SELF INSURANCE FUND TOTAL 172,270.73 CITY OF OWASSO GENERALFUND FISCAL YEAR 2010-2011 Statement of Revenues & Expenditures As of December 31, 2010 MONTH YEAR PERCENT TO-DATE TO-DATE BUDGET OF BUDGET REVENUES: Taxes $ 1,510,632 $ 9,336,321 $ 18,400,200 50.74% Licenses & permits 4,577 60,135 239,300 25.13% Intergovernmental 41,681 244,598 2,363,726 10.35% Charges for services 36,168 215,204 507,660 42.39% Fines & forfeits 52,110 380,556 778,700 48.87% Other 4,659 72,917 399,300 18.26% TOTAL REVENUES 1,649,827 10,309,732 22,688,886 45.44% EXPENDITURES: Personal services 1,093,403 6,393,927 13,189,838 48.48% Materials & supplies 54,202 304,319 618,980 49.16% Other services 105,286 779,606 1,547,697 50.37% Capital outlay 42,848 64,884 1,949,772 3.33% TOTAL EXPENDITURES 1,295,739 7,542,737 17,306,287 43.58% REVENUES OVER EXPENDITURES 354,088 2,766,995 5,382,599 51.41% TRANSFERS IN (OUT): Transfers in 1,013,187 5,627,184 10,987,000 51.22% Transfers out (1,423,061) (8,582,353) (16,831,075) 50.99% TOTAL TRANSFERS (409,873) (2,955,169) (5,844,075) 50.57% NET CHANGE IN FUND BALANCE (55,785) (188,174) (461,476) FUND BALANCE (GAAP Basis) Beginning Balance 3,519,842 Ending Balance $ 3,331,668 FUND BALANCE (Budgetary Basis) Beginning Balance 2,042,256 2,042,256 Ending Balance $ 1,854,082 $ 1,580,780 rCity vvit r>t f Litt its,. TO: Th e ;-ior.c>rab1c,, Mayer and City Council City t.-t ()vvi~ys 7 FROM: Mi;,,l,ele Derripsler Human Resources Director SUBJECT- )triRF Retirern n# Requests GATE: January i 4, 201 1 BACKGROUND, Oklahoma Municipal Retirement Fund (OMRF), the retirement plan for non-police and fire employees, requires the City Council acting as the OMRF Retirement Committee to approve applications for retirement. To be eligible for retirement benefits through OMRF an employee must have a minimum of five years of employment. Once an employee has five years of service the employee is considered vested and upon leaving employment with the City has three retirement options depending upon age. The first option, Normal Retirement, is available to a vested employee age 65 or older. The second option, Early Retirement, is available to a vested employee between ages 55 and 65, and the third option is Deferred Retirement. Deferred Retirement is an option available to vested employees under the age of 55. This allows an employee to "defer" retirement benefits to a future date, at which time the employee would begin receiving monthly retirement benefits. • December 17, 2010 was the last day of employment for Marcia Boutwell, City Museum. Ms. Boutwell was a participant in the OMRF retirement plan while employed with the City for twenty-two years and meets the age prerequisite for Normal Retirement. December 31, 2010 was the last day of employment for Wanda Scott, Community Development Department. Ms. Scott was employed with the City for twelve years and was a participant in the OMRF retirement plan for five years. Ms. Scott meets the age prerequisite for Normal Retirement. • January 3; 2011 was the last day of employment for Rose Marie Fennell, Finance Department. Ms. Fennell was a participant in the OMRF retirement plan while employed with the City for five years and meets the age prerequisite for Early Retirement. RECOMMENDATION: Staff recommends approval of the following applications for retirement benefits: Marcia Boutwell-Normal Retirement, Wanda Scott-Normal Retirement, and Rose Marie Fennell-Early Retirement. 0000 AOPN .he c ity W",it,co ui LirnifS. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Right of Way Acquisition for the East 106th Street North and Garnett Intersection Improvement Project DATE: January 14, 2011 BACKGROUND: City staff is currently involved in the acquisition of rights of way and easements for the East 106th Street North and Garnett Intersection Improvement Project. As a part of those acquisitions, negotiations for the purchase of land from David & Connie Kannady for 37,138 square feet of right of way, including 1,219 square feet of easement, and from Daniel & Leslie Clark for 14,361 square feet of right of way, have been successfully completed. DESCRIPTION/PURCHASE PRICE: David & Connie Kannady - The appraised value of the right of way and easement combined is $3.66 per square foot, for a purchase price of $140,350. Compensation for damages in the amount of $16,000 was included in addition to the right of way cost, for a total offer of $156,350 (See Attachment A). Daniel & Leslie Clark - The proposed contract (See Attachment B) based on the appraised value contains a purchase price of $4.02 per square foot for the needed right of way, for a purchase price of $57,800. As part of the negotiations, City staff has agreed to expand the width of the Clark's driveway approach to 30 feet. This particular cost will be included in the construction phase of this project. FUNDING: Funding for this purchase is available from the Capital Improvements Fund. RECOMMENDATION: Staff recommends City Council approval of the contracts for the purchase of rights of way, easements, and compensation for damages in the amount of $156,350 to David & Connie Kannady, and $57,800 to Daniel & Leslie Clark; authorization for the Mayor to execute the required documentation; and authorization for payment in the above listed amounts. ATTACHMENTS: A. Contract - David & Connie Kannady B. Contract - Daniel and Leslie Clark C. Site Map - Kannady Property D. Site Map - Clark Property ATTACHMENT A October 27, 2010 David & Connie Kannady 11119 East 106th Street North Owasso, OK 74055 RE: City of Owasso Road Widening Project Job No. 26599(04) 106`h & N. Garnett Road -Parcel 2. 2.1 & 2.2 Dear Mr. & Mrs. Kannady: Terra Acquisition Services is working under Contract with City of Owasso to acquire the right of way and easements for improving the roadway and drainage in the area. The engineers have identified the alignment of the project and how it affects your property. I have included information that shows you the location of the right of way or easements that are needed for this project. I have also included a copy of the Property Rights Brochure. Appraisals have been completed on your tract and a copy of the review appraisal is enclosed. I have included an offer letter from the City of Owasso. This offer letter is based on the appraisal for a total of $156,350.00. It is a requirement by ODOT to obtain subordination of any mortgages or liens on the property that affects the right of way. I can help obtain these documents. If this offer meets with your approval, I would request that you acknowledge with your signature below. I will need to obtain this signed letter and the enclosed W-9 so the check can be processed. It will take about three weeks in order to obtain the check. If you have any questions please feel free to contact me at the number listed above to discuss this project. Sincerely. JIM", Mike R. Craddock Terra Acquisition Services Agreed to: David Kannady Date Cc Roger Stevens, Public Works Director City of Owasso Connie Kanni dv Date i a 4-0 m Q ATTACHMENT B January 5, 2011 Daniel & Leslie Clark 10636 North 113th East Ave. Owasso, OK 74055 RE: City of Owasso Road Widening Project Job No. 26599(04) 106th & N. Garnett Road -Parcel 3 Dear Mr. & Mrs. Clark: I..want to thank you for your time in meeting with me and-discussing-this project and the offer for the right of way that is needed for this road widening project. I know you have told me that you are waiting for the negotiations to be completed with your neighbor, the Kannady's. However, the City needs to proceed with this project and is requesting that you seriously consider the offer presented to you. The offer was based on the review appraisal for a total of $57,800.00. This is based on a $4.00 per square foot or over $174,000 an acre. The original appraisal placed a value of $3.75 per square foot for your land but the review appraisal placed the higher value on your land for project balance not market value for your land. Therefore the offer that the City has presented to you is very fair and one that the City will stick too. In addition, the City will have to present the offer to City Council for their approval and they will have to justify the value to the public. Therefore, if this offer meets with your approval, I would request that you acknowledge with your signature below. I will need to obtain this signed letter and the enclosed W-9 so the check can be processed. It will take about three weeks in order to obtain the check. If you have any questions please feel free to contact me at the number listed above to discuss this project. We will need to know your answer by Wednesday, January 12, 2011. Sincerely, t Mike R. Craddock Agreed to: Daniel L. Clark . Date 11 /;~01 Terra Acquisition Services r Cc Roger Stevens, Public Works Director;. City of Owasso "feslie K. Clark D to /~//x-20!( Ord2 got ~~dc mike@terraacquisition.com 918.605.1436 0 918.745-nMA fax 9 17n~ F ckally nr c+o 1 nr. . Tt d- nLe 7n, nr, ATTACHMENT C s.• Ie ~ ~ ~1 a 41 Si~ 'ILL 4 i- { a E106STN t ~k Owasso Public Works "NNADY PROPERTY N Department RIGHT-O&WAY Engineering Div. P.O. 180 -e~ Owasso, OK 74055 Garnett Rd & 106th St W E 918.272.4959 www.cityofowasso.com Intersection Project s 1/10/11 w.- r4 G:\STREETS\106th and Garnett Intersection\Garnett Rd ROW kannady.dwg ATTACHMENT D F ,j. ,f ti. Owasso Public Works CLARK PROPERTY N Department Engineering Div. RIGHT-OF-WAY .O. 18 Owasso, OK074055 Garnett Rd & 106th St W E 918.272.4959 www.cityofowasso.com Intersection Project s 1/10/11 G:\STREETS\106th and Garnett Intersection\Garnett Rd ROW kannady.dwg Awm% The Ciiy V,it,cut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lornbardi City Attorney and General Counsel SUBJECT: Settlement Conference in Huntley v. 1:he.C.itv of Owasso, et al. RATE: January 14, 2011 BACKGROUND: A lawsuit was filed against the City of Owasso, and Officers Nancy Bell, Lem Mutii, Jarod Mitchell, Lloyd Hudson, T.J. Hutton and Jonathan Foyil, in both their official and personal capacities, on January 8, 2010, by the Plaintiff, Ronald Huntley. This action, brought under 42 U.S.C. § 1983 for alleged torts, civil rights violations and physical injuries sustained by the Plaintiff, arises out of an incident that occurred on March 30, 2009, between Mr. Huntley and the Owasso Police Department. The Federal Code of Civil Procedure requires attendance at a settlement conference by a person vested with full settlement authority on behalf of any organization or entity named as a party in a federal lawsuit. Although a representative cannot be compelled to settle a case, all parties are required to confer full settlement authority upon a representative to be used at the representative's discretion during the settlement conference. The Court has issued an order in this case scheduling a settlement conference for the Plaintiffs, Defendants and their respective attorneys on January 27, 2011, at 9:30 a.m. at the federal courthouse, and has compelled attendance and participation by all parties. Consequently, it is necessary for the City of Owasso to confer full settlement authority upon a representative to attend the settlement conference on behalf of the City and the six named police officers. The Open Meeting Act specifically provides in 25 O.S. §307(B) (4) that discussions between a public body and its attorney concerning a pending action may be held in executive session if public disclosure of the matters to be discussed will seriously impair the public body's ability to prosecute or defend the litigation. The City Attorney and outside counsel retained by the City to conduct its defense believe the necessary matters to be considered and discussed by the City Council fall within the purview of §307(B)(4), and further believe that discussion of these matters publicly during a City Council meeting would seriously impair the ability of the City and the six Defendant police officers to defend this lawsuit. Accordingly, counsel recommends that discussion of the legal issues relating to the pending lawsuit and settlement conference be conducted in executive session. As further required by the Open Meeting Act, any vote or action taken in connection with this item will occur in the public meeting after the City Council members return from executive session. PROPOSED ACTION: Discussion of this issue by the City Council and necessary staff in executive session, and approval of proposed Resolution 201 1-02 confe rring full settlement authority upon the City Manager, Rodney J. Ray, for purposes of the court-mandated settlement conference in this case. RECOMMENDATION: Staff recommends that the City Council convene an executive session to discuss this lawsuit and the scheduled settlement conference. Staff further recommends that the City Council designate the City Manager, Rodney J. Ray, as the authorized settlement representative for the City of Owasso and the Defendant police officers in the case of Huntley v. City of Owasso et al., and approve proposed Resolution 201 1-02 memorializing the same. ATTACHMENTS: A. Proposed Resolution 201 1-02 6. Settlement Conference Order OWASSO CITY COUNCIL RESOLUTION NO. 2011-02 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 JANUARY 27, 2011, IN THE LITIGATION STYLED HUNTLEY V. CITY OF OWASSO, ET AL., 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 and six police officers are Defendants in litigation currently filed in the United States District Court for the Northern District of Oklahoma captioned as Ronald Huntley v. City of Owasso, Officer Nancy Bell, Officer Lem Mutii, Officer Jarod Mitchell, Officer Lloyd Hudson, Officer T.J. Hutton and Officer Jonathan Foyil, United States District Court for the Northern District of Oklahoma, Case No. 10-CV-017 JHP-FHM, and, WHEREAS: The Defendants have been ordered to attend a settlement conference by the Court to occur on the 27th day of January, 2011, at the United States Courthouse in Tulsa, Oklahoma, and to bring an authorized representative possessing full settlement authority to be used at his or her discretion during the settlement conference, and, WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the City Manager, Rodney J. Ray, 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 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 January 27, 2011. APPROVED AND ADOPTED this 18th day of January, 2011, by the City Council of the City of Owasso, Oklahoma. Doug Bonebrake, Mayor Attest: Sherry Bishop, City Clerk Approved As To Form: Julie T. Lombardi, City Attorney UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA RONALD L. HUNTLEY, Plaintiff(s), Case No.: 10-cv-17-JHP-FHM V. CITY OF OWASSO, et al., Defendant(s). SETTLEMENT CONFERENCE ORDER READ CAREFULLY: This Order has been significantly revised. This case is scheduled for a Settlement Conference before U. S. Magistrate Judge Paul J. Cleary on 01/27/2011 at 9:30 a.m.. The Parties shall report to the Page Belcher Federal Courthouse, 333 West Fourth Street, Courtroom # 2, Third Floor, Tulsa, Oklahoma. General information about the Settlement Conference process in this Court, as well as specific information about the Parties' obligations and responsibilities and dates for compliance are set forth on the following pages. Counsel must be familiar with the provisions of this Order. 1. CONFERENCE OBLIGATIONS Counsel are directed to discuss the Settlement Conference, the requirement of full settlement authority and parameters of settlement with their clients and insurance representatives before the Conference. Counsel should discuss settlement with their clients and with each other so that all settlement issues have been identified and the elements of a settlement have been explored well in advance of the Conference. (A) Settlement Conference Statement Prior to the Settlement Conference, each side must provide a written Settlement Conference Statement outlining the Party's position on settlement ofthe case. These statements shall be no more than five (5) pages in length and are not to be filed. All communications related to the Settlement Conference Statements and the Conference itself are strictly confidential. The Statements should be submitted directly to the Judge(s) indicated below: United States Magistrate Paul J. Cleary 333W4 th Street, U.S. Courthouse Tulsa, OK 74103 Settlement Conference Order (SC-02 4/10) In the Settlement Conference Statement each side should outline its view ofthe material legal and factual issues that it believes will determine the outcome of the case; however, the purposes of the Settlement Conference are not served when counsel makes statements of the type generally expected during closing argument. Plaintiff: On or before 01/13/2011, the Plaintiff must provide to all opposing counsel, the Assigned Settlement Judge(s) (listed above) a Settlement Conference Statement. This Statement must also include the following: ■ The name and role of each person expected to attend the Conference; ■ The name and title of the person expected to attend with settlement authority' ■ A summary of claims; ■ An itemization of damages; ■ A discussion of liability and damages; and ■ The Plaintiff's settlement demand and explanation. Defendant: On or before 01/20/2011, the Defendant must provide to all opposing counsel, the Assigned Settlement Judge(s) (listed above) a Settlement Conference Statement. The Statement must include the following: ■ The name and role of each person expected to attend the Conference; ■ The name and title of the person expected to attend with settlement authority'; ■ A summary of defenses; ■ Discussion of liability and damages; and ■ The Defendant's settlement offer and explanation. (B) Attendance of the Parties and Counsel, Settlement Authority; Insurance Unless excused by the Settlement Judge, all Parties must attend the Settlement Conference The Lead Counsel who will try the case must appear at the Conference along with an individual who has authority to settle the case. Having a client with such authority available by telephone is generally not an acceptable alternative. The purpose of this requirement is to have a person present for each parry who can, in his or her discretion, settle the case during the Conference without consulting a superior. In order for the Settlement Conference to be successful, the Parties must have someone 1 The Court expects that either the named person, or, in the event of unforeseen events, a different person of equivalent organization rank will attend. 2 See note 1, supra. 2 Settlement Conference Order (SC-02 4/10) present at the Conference with Settlement Authority. This requires the following: ■ Corporation or other such entity. A corporation must be represented by a person (other than outside counsel) who is authorized to settle the case, can exercise independent negotiation and settlement judgment, and knows the facts of the case. ■ Government entity. A governmental unit or agency must be represented by a person who has, to the greatest extent feasible, authority to settle, and who knows the facts of the case, the governmental unit's positions, and the procedures and policies under which the governmental unit decides whether or not to accept a proposed settlement. In addition, the person attending the Conference on behalf of the government must, prior to the Conference, ascertain the ultimate decision-maker in the agency and ensure that that person is fully versed on the issues in the case. If the action is brought by the government on behalf of one or more individuals, at least one such individual must also attend. If the person attending the Settlement Conference does not have settlement authority this must be made clear to all Parties and the settlement judge before the Settlement Conference with an explanation as to why the person appearing lacks full authority and why the Settlement Conference should still go forward. If Board approval is required to authorize settlement, attendance of the entire Board is requested. The attendance of at least one sitting Board member (preferably the Chairman) is absolutely required. An insured party shall appear with a representative of the insurer who is authorized to negotiate and to settle the matter within policy limits. Counsel of record will be responsible for timely advising any involved non-party insurance company of the requirements of this Order. II. GENERAL BACKGROUND ON THE COURT'S ADR PROGRAM (A) Assignment for Settlement Conference This case has been assigned for a Settlement Conference through the Court-sponsored Alternative Dispute Resolution (ADR) program. Specific requirements imposed by this Court are set forth in its Local Rules. See LCvR16.2. Counsel must familiarize themselves with the Local Rule and this Settlement Conference Order. More information on the Court's ADR program is contained in an excellent law journal article, Cheryl L. Baber, "Alternative Dispute Resolution in the United States District Court for the Northern District of Oklahoma," 36 Tulsa L.J. 819 [Summer 2001]. A link to the article is available on the Court's web site: http://www.oknd.uscourts.gov. 3 Settlement Conference Order (SC-02 4/10) (B) Confidentiality All communications regarding the Settlement Conference are confidential. Communications between the Parties may not be used for any purpose except, perhaps, in proceedings to enforce a settlement agreement. The terms of any settlement offer or response are confidential and may not be used for anypurpose in the litigation. This is a fundamental concept ofthe Settlement Conference. Violation of this rule may result in a significant sanction by the Court. (C) Settlement Judge Your Settlement Conference will be held before either a United States Magistrate Judge or one of the Court's Adjunct Settlement Judges. LCvR16.2(c). Adjunct Settlement Judges are private attorneys who have been selected by the Court to serve on its panel of mediators based on their experience, demeanor and expertise. An Adjunct Settlement Judge should be treated with the same respect that parties and counsel afford a U.S. Magistrate Judge or other judicial officer. (D) Court Order This is an Order of the U.S. District Court. Failure to comply with the terms of this Order could subject a party or counsel to sanctions or even contempt proceedings. All Parties and Lead Counsel are ORDERED TO APPEAR at the Page Belcher Federal Courthouse, 333 West Fourth St., Courtroom # 2, Third Floor, Tulsa, OK, or at such other location as is noted herein, on the date and time set forth herein. The following are obligations of the Parties and Counsel and the Court's expectations with regard to the Conference. These obligations are mandatory. Failure to comply with this Settlement Conference Order may result in an award of sanctions against the non-compliant Party/Counsel. (E) Preparation All civil cases set on a trial docket in this District are scheduled for Settlement Conference. The vast majority of civil cases settle before trial. Therefore, Parties and Counsel need to prepare for the Settlement Conference as seriously as they prepare for trial. That means counsel must discuss the possible terms of a settlement with the client and engage opposing counsel in a discussion of the subject. It requires counsel to analyze and assess the reasonable settlement value of the case and to be prepared to explore these issues in detail at the Settlement Conference. Counsel must advise the Court should the case settle or is otherwise disposed of before the scheduled Settlement Conference. (F) Rescheduling a Settlement Conference Is Disfavored Settlement Conferences require the reservation of large blocks of time and scheduling adjustments by the Court and the Settlement Judge. The administrative burden of rescheduling a 4 Settlement Conference Order (SC-02 4/10) Conference is significant; thus, applications for the continuance of a Settlement Conference are discouraged. If it becomes apparent that the Conference as scheduled will likely be a waste of time, the attorneys must immediately notify Magistrate Judge Paul J. Cleary or the assigned Adjunct Settlement Judge so that appropriate action can be taken. This should be done well before the scheduled Conference. A Motion to reschedule a Conference for the convenience of any Party will ordinarily not be entertained unless the Motion is submitted to the Settlement Judge in writing at least seven (7) days prior to the Conference. Any such Motion must contain both a statement setting forth good cause for a continuance and a recitation of whether or not the continuance is opposed by any other party. NOTE: Parties and counsel are reminded that Settlement Conferences are scheduled separately from the trial judge's trial deadlines. Thus, if the trial schedule is amended, the Settlement Conference schedule is not automatically amended. Requests to revise the Settlement Conference schedule must be made separately from a request to amend the trial judge's Scheduling Order. III. PROCED URE AT THE CONFERENCE Generally, the Settlement Conference will follow a typical mediation format. Each side will be given an opportunity to explain its view of the case. This will be followed by joint discussion and private caucuses. Among the issues the Parties should be prepared to discuss are their objective(s) in the litigation; any issues outside the lawsuit that need to be resolved; the strengths and weaknesses of the case; agreements and disagreements as to facts and law; impediments to settlement; available remedies; and any creative possibilities that might settle the case. The written Settlement Conference statements and oral statements made during the Settlement Conference may not be used for any purpose outside of the Conference or a proceeding to enforce a settlement agreement that is reached at the Conference. Therefore, Parties are encouraged to speak openly and frankly about the issues in the case. For many clients this will be their first experience with a Settlement Conference; therefore, counsel shall provide the client or insurance representative with a copy of this Order and the Court's ADR brochure (available at the Court's web site) and discuss the Party's obligations before the Conference. The Court expects that both the lawyers and party representatives will be fully prepared to participate meaningfully in the process. IV. STRIKING A SETTLEMENT CONFERENCE IS RARELYDONE All civil cases filed in this District are expected to go through the settlement process. If the 5 Settlement Conference Order (SC-02 4/10) Parties believe that exceptional circumstances exist making a Settlement Conference inappropriate, they should file a Motion advising the assigned trial judge of these circumstances and requesting that the Conference be stricken. This must be done well before the scheduled Conference and the circumstances justifying such action must be truly exceptional. V. CONSEQUENCES OF NON-COMPLIANCE WITH THIS ORDER This is a Court Order. Upon certification by the Settlement Judge or Adjunct Settlement Judge of circumstances showing non-compliance with this Order the trial judge or the assigned Magistrate Judge may take any corrective action permitted by law. Such action may include contempt proceedings and/or assessment of costs, expenses and attorney fees, together with any additional measures deemed by the Court to be appropriate under the circumstances. SO ORDERED this 30th day of June, 2010. 6 Settlement Conference Order (SC-02 4/10) The city bvit_a'A Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Future Owasso Rams Sports Park Building Site Ground Lease DATE: January 14, 201 1 BACKGROUND: In 1998 a structure was constructed in the Owasso Sports Park by the Future Owasso Rams ("FOR") to serve as an office and administrative building for that organization. The approximate dimensions of the building are 40' x 80' and parking spaces are located adjacent to the structure. Prior to construction of the building, FOR and the City entered into a ground lease agreement whereby the City agreed to lease the building and the land upon which it was located to FOR for a period of ten (10) years for the nominal sum of $10.00 per year. The original lease expired in 2008 and has been continued on a year-to-year basis since that time. FOR recently approached the City and expressed a desire for the parties to execute a new ten (10) year lease. The provisions in the new proposed ground lease agreement are substantially the same as those contained in the previous lease with one exception. The lease term remains at ten (10) years and the rent remains constant at $10.00 per year. However, because FOR maintains the grounds immediately surrounding the building, the area covered by the ground lease has been expanded to include not only the building and adjacent parking area but also an area immediately surrounding the office building with approximate dimensions of 90' x 185' from the wall of the building, and specifically includes the ground area where FOR has installed and maintains ground sprinklers. The ground lease further provides that FOR will insure the premises for at least $1,000,000.00 and that the agreement may be terminated by either party for any reason upon one hundred and twenty (120) days written notice to the other party. PROPOSED ACTION: Approval of the proposed Sports Park Building Site Ground Lease between the City of Owasso and the Future Owasso Rams, and authorization for the City Manager, Rodney J. Ray, to execute the contract on behalf of the City of Owosso RECOMMENDATION: Staff recommends City Council approval of the proposed Future Owasso Rams Sports Park Building Site Ground Lease and authorization for the City Manager to execute the contract ATTACHMENTS: A. Proposed Furure Owasso Rams pons Park Building E : te GrolUn LF a FUTURE OWASSO RAMS SPORTS PARK BUILDING SITE GROUND LEASE THIS LEASE, executed on the day of , 2011, by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, its successors and assigns, hereinafter called "LESSOR", and the FUTURE OWASSO RAMS ("FOR") YOUTH SPORTS, hereinafter called "LESSEE". WITNESSETH: That LESSOR does hereby let and lease unto LESSEE the premises situated in the City of Owasso, County of Tulsa and State of Oklahoma, and further described as follows: An area, located at the Owasso Sports Park, Area "A", at 1 16th Street North, west of US Highway 169, and 20 feet from the existing concession stand, upon which the building constructed by Lessee with dimensions of 40 feet by 80 feet, ample parking space adjacent to the office structure and the area immediately surrounding said office building with approximate dimensions of 90 feet by 185 feet from the wall of the building, in any event inclusive of the immediately surrounding ground area wherein Lessee has installed and maintains ground sprinklers. To have and to hold unto LESSEE for the term of ten (10) years, commencing on the day of , 2011, and ending on the day of , 2021, upon the covenants and agreements herein set forth. 1. The LESSEE hereby covenants and agrees to pay to the LESSOR as rent for said premises during the said term, the sum of Ten Dollars and no/100's ($10.00) per year upon execution of this lease and each extension hereof. Acceptance of rent for the entirety of the ten (10) year term by LESSOR shall in no way abrogate, lessen or affect the rights of the parties to terminate this lease by written notice in conformance with the provisions of Paragraph 2 below. In the event either party shall exercise its termination rights as provided in Paragraph 2 prior to expiration of the ten (10) year lease term, LESSOR shall repay to LESSEE the prorated rental amount calculated by using number of years remaining in the lease term. This lease is specifically granted to LESSEE for the facilitatation of youth sports and shall become null and void if LESSEE no longer manages any type of youth sports in the City of Owasso, subject to the provision of section three below. 2. Maintenance of the office building facility shall be the sole obligation and responsibility of the LESSEE. LESSEE shall hold LESSOR harmless and agree to indemnify LESSOR from and against any and all claims, cost, damage, expense, including any necessary attorney fees incurred by the LESSOR in the enforcement of this lease, Alternative Dispute Resolution fees and costs, or loss incurred or suffered by LESSOR from all claims, damages or injuries arising out of, caused by or occurring on the premises of the office building facility and the surrounding grounds above-described and included in the premises of this lease. 3. Notwithstanding any other provision hereof to the contrary, either party hereto may terminate this Lease Agreement at any time, and for any reason, upon one hundred twenty (120) day written notice to the other party. If LESSEE so terminates, it shall forfeit all its right, title, and interest to said construction to LESSOR. If LESSOR so terminates, the parties hereto shall seek to negotiate a mutually satisfactory settlement. In the event the parties cannot agree, determination of LESSEE'S damages shall be settled by arbitration. Such arbitration shall be before three disinterested arbitrators, one named by LESSOR, one by LESSEE, and one by the two thus chosen. The arbitrators shall determine the controversy, and their determination shall be final and binding on both LESSOR and LESSEE. Any mandatory award issued by the arbitrators against LESSOR shall be payable by LESSOR to LESSEE solely from revenue derived by LESSOR from LESSOR'S operation of the Sports Park. 4. LESSOR shall not allow said premises to be used in any manner which shall unreasonably interfere with LESSEE'S occupancy and/or programs, nor which shall, in any way, cause any damage to the facility or to LESSEE'S equipment located thereon. 5. LESSEE will use and occupy said premises and appurtenances in a careful, safe, and proper manner, in accordance with the ordinances of the City of Owasso and the statutes of the State of Oklahoma; and LESSEE will not allow said premises to be used for any purpose in any way that will increase the rate of insurance thereof, nor for any purpose other than as offices to be utilized by LESSEE and for storage of FOR equipment, and nor to be occupied in whole or in part by any other persons; and will not permit liquor to be sold at wholesale or retail, or consumed on the premises; nor assign this Lease, without in each case, the written consent of LESSOR first obtained; and will not permit any transfer by operation of law of LESSEE'S interest in said premises. LESSEE shall not use the premises for any unlawful purpose or in any way that will injure the reputation of the same, or disturb the neighborhood; and will not permit any substantial alteration of or upon any part of said demised premises, nor allow any sign or placard posted or placed thereon, except by written consent of LESSOR unless otherwise provided in said written consent. 6. LESSEE shall have the following duties with reference to said premises: a. to keep said premises clean, as stated herein; b. to properly use, operate, maintain, and replace, if reasonably necessary, any building constructed on the premises; c. to maintain the grounds of the lease premises in a clean, safe, and sanitary condition. 7. LESSOR may have free access to the premises at all reasonable times for the purpose of examining the same. 8. Every demand for rent due wherever and whenever made shall have the some effect as if made at the time it falls due and at the place of payment or on the premises. LESSOR may receive and collect any rent due, and such collection or receipt shall not operate as a waiver of, nor affect such notice, suit or judgment. Any notice or summons to be served by or upon behalf of LESSOR to LESSEE under this Lease may be sufficiently served by leaving such notice or summons addressed to LESSEE upon the said demised premises. 9. The LESSEE shall insure the subject premises against loss by personal injury or property damage. Such insurance shall be at LESSEE'S cost and in an amount not less than One Million Dollars ($1,000,000.00), and shall name the City of Owasso as a co-insured. A copy of the evidence of insurance shall be supplied to the City Manager of LESSOR. 10. The LESSOR shall pay any and all property tax obligations imposed upon the property during the term of this Lease, including any increases thereon. LESSEE shall pay any taxes 2 assessed upon the office building facility. LESSEE shall pay all utility expenses for the office building facility. 11. LESSOR hereby covenants and agrees that if the LESSEE shall perform all the covenants and agreements herein stipulated to be performed on LESSEE'S part, the LESSEE shall at all times during said term have the peaceable and quiet enjoyment and possession of said premises without any manner of let or hindrance from LESSOR or any persons lawfully claiming said premises. 12. LESSOR and LESSEE mutually agree that LESSOR and LESSEE may terminate this Lease at the end of the above-stated ten (10) year term by serving written notice thereof upon the other party at least sixty (60) days prior thereto. In the absence of such notice, this Lease shall continue on the terms and conditions contained herein and in force prior to the expiration of the above-stated initial term for an additional ten (10) year term. 13. LESSEE shall hold the City of Owasso, Oklahoma, its officers, agents, employees, and independent contractors, harmless and fully indemnify said City of and from any and all claims of neglect, negligence, liability for personal injury or property damage occurring during the term of this Lease, except as the same may arise from the negligence of LESSOR, LESSOR'S agents, or employees. This indemnification and hold harmless agreement shall extend to reasonable attorney's fees and costs incurred in defending itself from any claims made during the term of the Lease, including therewith Alternative Dispute Resolution Attorney's fees and costs. 14. LESSOR or LESSEE may request that the terms and provisions of this Lease be reopened upon thirty (30) days notice in writing to the other party. Each party shall attempt, at this point, to address any such issues raised by the other, but the process of reopening or renegotiating shall not obligate either party to accept the proposal of the other party or to vary the terms of this agreement. IN WITNESS WHEREOF, the parties above have hereunto set their hands on the day and year first written above. CITY OF OWASSO, OKLAHOMA BY: Rodney J. Ray, City Manager ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney 3 FUTURE OWASSO RAMS ATTEST: BY: Chairman Secretary The, City ':vit,cu! LIInits. TO: The , o' sr ' nA r'.:+\ C FROM: Rodney Ray SUBJECT: r: ,<rf~~;rnen w, -F ».;4 Coresu . . I:... And : u,'Jget Ary'en:.drr'er)t DATE: antlary 14, 201 1 BACKGROUND: ` I e ~ C' sc' es" - Ii r n„- - 1 i " E ; Highway n , :y o= c w s . s c) i. or ~r`ori Tle 'w,c~,_ in~~ of .1S 169 *rorl ~ I- 244 t.;' r=. 1 16 Street Nodh. At, th ft tinne, is appeared t'r'c)t without a major :r'itic)tive t)y Owosso, would be c cr. '.r\~r,., i . r suc"l, a plojec-1E would be ~r,.tig. to f i#e•.~:' yecjrs t:.. E o l~ in t'e r'aturc~l co !rs£ of } curri 0kr l oiL ear rent o=r~rns :oi"tction's CC:)Cr`; pnorlty .se#tiri`. I e oon for the ii)itiotir~, ~r-id C;orn.plet on o t' It'is j pro ec.. Inc:I c ed I'r'e c:;c)rr' :}lelior) of: 1) the er'v'ror~rrter!fc~l ,#.x: y; 2) the desc n m #I-le imorovei-yents, and T the construction of fvwo additional Ic-ines to bring the highway to a six-c,n C.or-ilic iurotion- Efforts hove been c.onc.entr{:,,'~,{:I r` ''VJ() C?r'eCs: j se,;i.iririC~ {:~dC:lltIOrlC f ar nua i= dero appropriations in order to coirnplete the Environr non`al In-pa Study and 2) / iv a o `f "a for 4he i1)c,Iu :c)., cf 'i~ the I Lil~~i~{.~i Hi ~~Y~£ 7 ReC~~f ttc)3.t!£f ♦i , III {)E Ir w[die-ni €g project. As any InCIiViCl't!C who now c{7rY':,Il)? ,S r C)rTt tr {Jll#I ;f7!Jr'1C on i itlw{:i / 19 Can C0..._1S#, "ti; C str tecly ho,5 beer' exii"emely successful. Heartland COc -'SLdinc; has worked cc; re I'vefy for 'he 'l' of \..,wcsso and I r, ..Q'k.le t~ F E i e?- K "00,117:) ire f.:emsd<= . a r p-lY il fior is, wI is res~ or :r" securing o ~::G in r, ProuE a -we enable, if"'e eC~,r y% c:ori) efrcr~ of tl e e f;'r't~ er) ' i 8; r''!I!I r; dollar 'ric~Se 1 ~;rr?;ec? t0 rllc_,e rl ..gin . ' { .,1,.. i:c this, : L,arl,r,. si-;Isi::C~ has r.;£., it Instru-rnent:_' in Securing Unfired of t €ousarsds of C11+O C_-.rs in order to tontin e t' ?e environmental i Y' JC7C' l.; . { Chi"'d Ct..51 1 ,.r:.< C i"1gIr1e . i rl, ?l"1 ,.3 to e. X:.d 'l w {.)E,r'ii'' 3 ;:>r <}eC. t l)EetweE;n E )fi h, Strexef North and E. . ' C ' Street. n~~ la y o rr, r-, ~,vo;ked with 1 t: ~ i'ie `)Klahom. D ,.-h-es t o- .ri nsponafion 'o ` Main .r r'~c,!i;t,,,i: i _°xc:, ti .r" t"' F._.derr I-I " _~v ~tor:,_.~;:cis re tiro to fi-, t~Hn Stre . R ilr ad c;~l:_,r,_;:_im c;r fE e rec-e ,Ely cx') pI£ :.;C, ,siden :1 r:-eiv ,er) l'. t t `.r e{ NC:)r'tr. lt? ex(, .^I cr;'fical ~ ~ `o `h_' s.,)ee'i Y 'it. : . rtiir; c: ,fie first U Phase of 1=. ^:e .vas comple.ed, 'I it -I to or e, oui e'`. is ! et.c„cE f: nd: i , ee . .,ecuired >r [--,I 'IrI )Se) ;lrty %'y' } 'tv rlca ..y ov, t °he <cr:, or`Ll;~ion Bl' In rv: r c"urc 1 5e residen s o , d t}us'nessea -.;r.. C t t t O`vn;.,.'o Yvr!. r?`a rat'" v ,e ':rte .:'Yl r _ venal ami,lo y, of .'fe tl~roi. o f ff ,e c. / PROPOSED ACTION: ii :.._J .?;y of J.`0 € :..lii,i;.jl-;:.t _ ~.<Ir~) for :rir3 ."CC!filC..t,: :~C,`'Sui31'lC agreement for YvC~I..,C :,..1_, ,.,i..z.-,'._F only six r ivnl i5: Ci"if0..o i :33P., 'TiQwC e:u IOrI Bill •v'J: be ar4mved Congress ' ,fl 2°1,,;n. in . for " to working C O ;l'gh~r order ` ~<.fil~~n:d: ~ t., .._,ntn,~- on P~. ~'I ~:`<fi of the a1J '69 f ~r,e c:1rrE;r.. .,;rC- .mC'r3t and S!ipplE',r71Esr3iC:1 F.:>Ci:>fE,'$$IC:>r':.C services would require Council approval. RECOMMENDATION: Council . r 3 .,C~: 'e.,t.~::<3":.~"`:.., City C rvv;: O :.7i F+C.;r•I"r"Een. .O' ,.oY:,..J€ng ;;'rVIc';S beivv£;'f"f the City is o ` c > " e nd i)1. t silt ng, no. °13' o €C e 30, '..r,' and ij CtT1C1,, [ C f further .,c,,r 'dS J.Ll£:-. i ;t ,r..aP 1_,C~ ,^,.ft:l„:,n increasing ,r,Si:, ; r€r. e prCC~j:~r':;~;IC_f pt~nGi:J >ife$ in ~ the ~a;_;t~ :~L-31 C C ~ ..~~rr~..-, `c: t.X General Fund by $610N) ?The. Ciry wV iP~ou1 Lifnirs. TO: The Honorable Mayor and City Council FROM: Rodney J. Ray City Manager SUBJECT: Historic Filling Station Project DATE: January 14, 201 1 BACKGROUND: At the January 19, 2010 Regular Meeting of the Owasso City Council, Council members approved the concept to reconstruct a historic filling station on Main Street and gave authorization for the City Manager to begin raising private funds for the reconstruction project. Such authorization was given until June 30, 2010, followed by an extension until October 2010. Several discussions have taken place in the last twelve months with large corporations as well as members of the Owasso community in order to secure funds for the reconstruction of the Main Street filling station. While fundraising efforts have taken longer than initially expected, these delays have not lessened support of the project within the community. REQUESTED ACTION: City staff is requesting an extension of time for fundraising activities. Such extension would allow staff to finalize corporate donations, as well as pledged donations from individual members of the community. RECOMMENDATION: Staff recommends City Council approval of an extension to the City Manager's authorization to raise funds for the historic filling station reconstruction to the date of December 31, 2011.