HomeMy WebLinkAbout2006.11.14_City Council Agenda_SpecialTYPE OF MEETING:
DATE:
TIME:
PLACE:
M.111 ME "a,
Special
November 14, 2006
6:00 p.m.
Old Central Building
109 N. Birch
Notice and agenda filed in the office of the Ci
at 5:00 PM on Friday, November 10, 2006.
L Call to Order
Mayor Stephen Cataudella
and posted on lba.Qty Phil bulletin board
D. Roone , Assistant 01ty
2. Discussion relating to Community Development Department Items
Mr. Rooney
Attachment #2
A. Request for amendments to the 2015 Land Use Masterplan (2)
B. Final Plat (1)
C. Rezoning (1)
D. Annexation (1)
3. Discussion relating to Fire Department Items
Mr. Rooney
Attachment. #3
A. Solicitation for bids to purchase an Ambulance Chassis and Refurbished Box
B. Solicitation for bids to purchase a generator for Fire Station No. 2
4. Discussion relating to IT Department Itemns
Mr. Rooney
Attachment #4
A. Bids received for Integrated Software purchase
Owasso City Council
November 14, 2006
Page 2
5. Discussion relating to City Manager Items
Mr. Ray
Attachment #5
A. Proposed amendments to the Owasso Zoning Code (attachment)
B. Construction bids received for Fire Station No. 3 (attachment)
C. Audit Committee assignment of terms (attachment)
D. Proposed refinancing of the 96 Revenue Bond (attachment)
E. Proposed documents relating to the purchase of the Ator Property (attachment)
F. Tax Increment Financing (TIF) collaboration opportunities
6. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing pending litigation against the City of Owasso, such executive session
provided for in O.S. 25, Section 307(B)(4).
Mayor Cataudella
The staff will request an executive session for the purpose of discussing issues relating to a
legal action filed in Federal Court against the City of Owasso by the Washington County
Rural Water District #3.
T Adjournment
H:AI 114.doc
The Owasso City Council will meet in Special session on Tuesday, November 14, 2006
at 6:00 PM at Old Central, 109 N. Birch, Owasso, Oklahoma.
Notice of addendum filed in the office of the City Clerk and posted on the City Mall
bulletin board at 12:00 PM on Monday, November 13, 2006.
4liann M. Stevens, Depuiy City Clerk
The following is submitted as an addendum to the Owasso City Council Agenda filed on
Friday, November 10, 2006. Items numbered 1-4 shall remain the same. Item number 5
will now be listed as follows:
5. Discussion relating to City Manager Items
Mr. Ray
Attachment #5
A. Proposed amendments to the Owasso Zoning Code (attachment)
B. Construction bids received for Fire Station No. 3 (attachment)
C. Audit Committee assignment of terms (attachment)
D. Proposed refinancing of the 96 Revenue Bond (attachment)
E. Proposed documents relating to the purchase of the Ator Property
F. Tax Increment Financing (TIF) collaboration opportunities
O. City Manager's Report
TO: PLANNING C®MMISSION
CITY OF OWASSO
FROM: ERIC WILES
C®IVIMUNITY DEVELOPMENT DIRE CTOR
I ! November is 2006
The City of Owasso has received a request that the 2015 Land Use Master Plan be revised,
changing the planned land use classification at the northwest corner of East 1161h Street North
and Forth 129th East Avenue from residential to transitional. The property consisting of
approximately 2.83 acres, is currently zoned ACT Agricultural, and has been requested for
annexation into the City of Owasso. A general area map has been attached for your review.
The property is being used residentially, and a single-family dwelling is located on the site.
Land to the north, south, and west is also used for residential single-family purposes. Properties
to the east and southeast are undeveloped.
The subject property and surrounding properties are zoned AG Agricultural, except for the
acreage to the east, which is included with the borrow Place PUD, The subject site is
designated for residential use by the 2015 Land Use Master flan, as is the neighboring property
on the west side of North 129th East Avenue. Land on the east side of North 129" East Avenue
is planned for commercial use by the Master Plan,
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
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, Specific development concerns, such as drainage,
traffic, water/wastewater services, and stormwater detention are not able to be considered at the
zoning stage of the development process. Planned Unit Developments (PUD) are specific types
of zoning classifications applied to individual properties with site -specific development
requirements.
The third step in the development of a piece of property in Owasso is platting. A preliminary
plat is required for any development that proposes to divide land into two or more lots.
Preliminary plats illustrate the development concept for the property. After the preliminary plat
has been reviewed by the City and various utility companies, construction plans for the
development's infrastructure are typically submitted and reviewed. 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. After obtaining approval from the
TAC and Planning Commission, the final plat is considered by the City Council.
ANALYSIS
Staff received a petition from Vintage Housing requesting that the 2015 band Use Master Plan
be revised, changing the designated future land use for the parcel from residential to transitional.
If the plan amendment is approved, transitional uses such as offices and multifamily uses could
be considered for the 2.8 acres at the northwest corner of East 1161h Street North and North 129t'
Fast Avenue.
The request to amend the master plan has been made in conjunction with a request to annex the
property. Vintage Housing proposes to develop a 40 unit senior living apartment complex on the
site. The proposed name of the development is Prairie Village.
In analyzing the request, the staff considered two ley factors: first, what is the highest and best
use of the property, and second, is the proposed land use distribution consistent and compatible
with existing development patterns in the area. The staff believes that the answer to both
questions is "yes".
HIGHEST AND BEST USE - The staff finds that the site is located at an arterial intersection.
This location suggests that either commercial or transitional land uses would be appropriate for
the property as the Master Plan calls for nodal development patterns at primary intersections life
this one. When the property was evaluated as part of the Master Plan update in 2004, the
property was scheduled for residential use because the property had already been developed
residentially; a single-family dwelling currently occupies the site. The staff finds that the site is
an appropriate location for senior multifamily uses.
COMPATIBLE WITH EXISTING DEVELOPMENT PATTERNS e Existing residential
properties north, south, and west of the site should be buffered from the future commercial
developments that will occur east of North 129th East Avenue. The proposed senior living
development would provide such a buffer. The staff finds that the proposed land use would be
compatible with the uses located on these nearby properties.
Following a master plan amendment would be the development of a Planned Unit Development
(PUD), a plat, and a site plan for the project. All multi -family developments in Owasso must be
included with PUDs. Along with approval of a PUD, approval must also be given for a final plat
of the property. After the plat is approved, a site plan would be required before any building
permit could be issued.
it �. (♦r ?� [+ ( i t�4
The Planning Commission will consider the request at their meeting on November 13, 2006.
Pending that consideration, the staff intends to recommend approval of the amendment to the
land use master plan.
G1 11111��1. ►�iY7 D1►117.`1
1. General Area Map
2. Applicant's Petition
3. Master Plan map
*n.,
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114r. Eric Wiles
City Municipal Buildijg
I I I North Main
Owasso, OK 74133
Dear Mr. Ray:
As you know, Vintage Housing Inc. and Ronald E. Smith are co -
developers of Prairie Village, an affordable housing facility for
seniors age 62 and above. To this end, we have obtained an option to
purchase real property having the following legal description:
The East 425 feet of the South 290 feet of the SE/4 SE/4
of Section 5, Township 21 North, Range 14 East, Tulsa
County, State of Oklahoma, according to the U.S.
Government survey thereof,
(referred to below as the "property). The property is situated at the
northwest comer of I I 6th Street North and 129th East Avenue.
By this letter, we are requesting that the City of Owasso annex the
property. The property owners support this request, as evidenced in
paragraph 5a of the Option Agreement, a copy of which is enclosed.
If additional information is required, we will be pleased to provide it.
Sincerely,
Bill Major
Executive Director
FI-IrAnqui-f-
cc: Betty J. Douthit
Edwin John Douthit, Jr.
Ronald E. Smith
Eric, here's the language fron? the Option Agreement:
TO: PLANNING COMMISSION
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
The City of Owasso has received a request that the 2015 Land Use Master Plan be revised,
changing the planned land use classification at the southeast corner of East 761h Street Forth and
Mingo Road from residential to industrial. The property consisting of approximately 150 acres,
is currently undeveloped and zoned ACC Agricultural, and was annexed into Owasso in April,
2003. A general area map has been attached for your review.
The property is undeveloped and is bordered by 761h Street to the North, the SILO railroad tracks
to the east, and Mingo Road to the west. Fine Manufacturing and Wild Hairs Smoke Lodge are
north of the site and on the south side of East 76th Street North, while Sertoma, Group Blaksley,
and Owasso Public Works lie north of the property on the North side of East 76"' Street. Across
the railroad tracks to the east are a variety of commercial industrial uses including FirstEank
Owasso, a mini -storage development, two wrecker services, and municipal facilities such as the
vehicle maintenance shop, animal shelter, spate park, and wastewater treatment plant. To the
south and west of the site are undeveloped agricultural acreages.
The subject property is zoned ACC Agricultural, as are the territories to the south and west. Land
north of the property is zoned for agricultural, industrial, and commercial purposes. Properties
east of the railroad are zoned commercially and industrially.
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
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. Specific development concerns, such as drainage,
traffic, water/wastewater services, and stormwater detention are not able to be considered at the
zoning stage of the development process. Planned Unit Developments (PUD) are specific types
of zoning classifications applied to individual properties with site -specific development
requirements.
The third step in the development of a piece of property in Owasso is platting. A preliminary
plat is required for any development that proposes to divide land into two or more lots.
Preliminary plats illustrate the development concept for the property. After the preliminary plat
has been reviewed by the City and various utility companies, construction plans for the
development's infrastructure are typically submitted and reviewed. 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. After obtaining approval from the
TAC and Planning Commission, the final plat is considered by the City Council.
The staff has received a rezoning request from Ken Robinson to zone the property for Industrial
use, and that request is scheduled to be considered at the December Planning Commission
meeting. Pursuant to that rezoning request, the City has been asked to modify the 2015 Land
Use Master Plan, changing the designated future use of the property from residential to
industrial.
If the plan amendment is approved, industrial uses such as manufacturing facilities could be
considered for the 150 acres on the south side of East 76"' Street North.
While there are no specific developments that have trade formal applications to the City for the
property to this point, the site is being marketed to industrial uses. Different industrial users
have reviewed the site, and are considering pursuing industrial developments for the property,
In analyzing the request, the staff considered two key factors: first, what is the highest and best
use of the property, and second, is the proposed land use distribution consistent and compatible
with existing development patterns in the area. The staff believes that the answer to both
questions is `byes".
HIGHEST AND BEST USE -- The fact that industrial users are already considering locating
facilities on the subject properly suggests that industrial use would be viable for the property.
The property's situation near the railroad and two arterials, and its distance from residential
developments, demonstrates compliance with the Master Plan goal of where to locate industrial
uses in Owasso. The staff finds that the site is an appropriate location for industrial uses.
COMPATIBLE WITH EXISTING DEVELOPMENT PATTERNS — The site is bordered by a
mixture of industrial, commercial, and undeveloped properties, and is located in the southern part
of the community, the portion of Owasso where planned industrial uses are already designated
on the Master Plan. The staff finds that the proposed land use would be compatible with the uses
located on these nearby properties.
Should the Master Plan be amended, a rezoning of the property to Industrial use would be
considered in December. Then, any development proposing to locate at the site would have to be
initiated with a plat, to be followed later with a site plan.
The Planning Commission will consider the request at their meeting on November U, 2006.
Pending that consideration, the staff intends to recommend approval of the amendment to the
land use master plan.
1. General Area Map
2. Master Plan map
Owasso Coi'r4u'
Mlily
Develop-me-nt Del m-ffnen" lr
1 41
Use Mas t"er Plan
Owasso , 11, 111.15 Owasso '2015 Laino
1, 376.1500
918376 .597 11 Ole-
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJEcr: FINAL PLAT (Wedel Centre)
® November 8, 2006
B A C KG R _AW1, D:
The City of Owasso has received a request to review and approve a final plat proposing 5
commercial lots, on approximately 7.40 acres, located east of North Garnett Road just north of
East 110h Street North. A general area map is attached.
Undeveloped
SURROUNDING LAND USE
North: Jack of Clubs bar
South: Car wash and used car sales
East: Brookfield Crossingsubdivision
West: Country Estates subdivision
PRESENTZONING
(CS Cominercial District) Tulsa County
DEVE LOPMENT PROCESS:
The four primary steps in the development of commercial property in Owasso include annexation,
zoning, platting, and site planning.
The third step in the development of property is platting. A preliminary plat is required for any
developmeftt that proposes to divide land into two or more lots. Plats illustrate the development
concept. for the property, and are often modified significantly after being reviewed by the
Technical Advisory Comffnittee (TAC), and the Owasso Planning Commission. Sonletilnes,
difficult development issues such as existing utility lines, wells, or easements are brought to light
at the preliminary plat, stage and must be remedied prior to de%,elopment.
Once the propeny 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, casements, and other
physical characteristics that must be provided for review by the City. After obtaining approval
from the TAC and Planning Commission, the final plat is considered by the City Council. If
approved, the final plat is filed with the office of the County Clerk and governs all feature
development on that property.
APLALYSIS:
The applicant is requesting this review in order to facilitate 5 commercial lots, on approximately
7.40 acres of property. The Final Plat meets all Owasso Zoning Code Bulk and Area requirements.
The lot and block specifications established in the plat layout are adequate for commercial
development.
Flat review r t physical development and layout of the city.
4. Applicant must show a 175 casement along southern border.
5. Applicant needs to show language on plat stating that the owner is
responsible for paving over any easements.
. Applicant must show the 0' water line easement
Infrastructure plans that govern drainage, detention, streets, erosion control, water, and
wastewater will be reviewed concurrently by the City Engineer's office.
COMMENDATION:
The Planning Commission will consider the request at their meeting on November 13., 2006,
Pending that consideration, the staff intends to recommend approval of the Wedel Centre final
plat subject to the above conditions.
ATTACHMENTS:
1. Case Map
2, Site Drawing
mo
Owasso Cornxr unity
Development Department
111 N. Man St.
Owasso, OIL 74055
918.376.1500
918.376,1597
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TO: PLANNING COMMISSION
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
3.117
i i'i
BACKGROUND
The City of Owasso has received a request to review and approve the rezoning of approximately
25 acres from (AG) Agriculture to (RS®2) Residential Single- Family, located on the northwest
corner of East 106t" Street forth and Noi th 161" East Avenue.
EXISTING LAND USE
Undeveloped
SURROUNDING LAND USE
North: Large Lot Residential (Ranch Acres)
South: Large Lot Residential/Agriculture
East: Large Lot Residential/Agriculture
West: Large Lot Residential (Ranch. Acres)
PRE, SENT ZONING
AG (Agriculture)
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 and fire 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 binds 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. Specific development concerns, such as drainage,
traffic, water/wastewater services, and stormwater detention are not able to be considered at the
zoning stage of the development process.
The third step in the development of a piece of property in Owasso is platting. A preliminary
plat is required for any development that proposes to divide land into two or more lots.
Preliminary plats illustrate the development concept for the property, and are often modified
significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso
Planning Commission. Sometimes, difficult development issues such as existing utility lines,
wells, or easements are brought to light at the preliminary plat stage and must be remedied prior
to development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are typically submitted. These plans
include specifications and drawings for stormwater drainage, streets and grading and erosion
control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of
other agencies, such as the Department of Environmental Quality for wastewater collection and
the US Army Corps of Engineers for properties that may be development sensitive.
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. After obtaining
approval from the TAC and Planning Commission, the final plat is considered by the City
Council. If approved, the final plat is filed with the office of the County Clerk and governs all
future development on that property.
The fourth step in the development of a piece of property in Owasso is the site plan. Site plans
are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking,
access, landscaping, and building footprint are presented in the site plan. Once a site plan is
approved, the development is clear to apply for a building permit and to submit construction
plans for the building's foundation, plumbing, electrical system, and HVAC.
ANALYSIS
The City of Owasso has received a request to review and approve the rezoning of approximately
25 acres from (AG) Agriculture to (RS-2) Residential Single- Family, It is the applicant's intent
to develop the property as Prestige Pond, a residential subdivision containing 42 lots, with an
average lot size of 10, 500 sq ft.
The Owasso Land Use Master Plan was revised at the October meeting to allow for the
residential development. The staff finds that the proposed residential development to the north
and west and the existing pond at the hard corner make this request compatible with the
surrounding land uses. Staff feels that the design of the development is an example of a
developer working with the natural features of the land to provide for a good development.
Letters were mailed to surrounding property owners and the legal advertisement was published
in the Owasso Reporter.
RE, COMMENDATION
The Planning Commission will consider to the rezoning request at their meeting on November
13, 2006. Pending that consideration, the staff intends to recommend approval of Off; 06-0T
ATTACHMENTS
General Area Map
0
Woodland View
Owasso Community
Development Department
9 Y 'KT ff-- Cl,,
4 I IN, �RU 31—
Owasso, OK 74055
918,376.1500
918.376.1597
www.cityofowasso.com
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TO- PLANNING COMMISSION
CITY OF OASSO
FROM® ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
BACKGROUND
The City of Owasso has received request to review the annexation of approximately 2.83 acres,
located at the northwest corner of East 1161h Street Forth and North 129th East Avenue.
North: Large Lot Residential
South: Large Lot Residential/Agriculture
East: Agriculture
Nest: Large Lot Residential
PRESENT ZONING
(Agriculture) Tulsa County
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 and. fire 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 :coned far particular binds 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. A preliminary
plat is required for any development that proposes to divide land into two or more lots,
Preliminary plats illustrate the development concept for the property, and are often modified
significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso
Planning Commission. Sometimes, difficult development issues such as existing utility lines,
wells, or easements are brought to light at the preliminary plat stage and must be remedied prior
to development.
ANNEXATION REVIEW PROCESS
The annexation process is initiated when a property owner submits a petition to the City of
Owasso requesting that the City bring the property into the City limits.
The applicant must submit as part of the request a signed petition requesting the annexation, an
accurate legal description and map of the property being requested for annexation and a certified
300' radius report so that staff may send legal notices to surrounding property owners. Upon
receipt of all appropriate materials the staff initiates the review process which begins with a
thorough analysis of the request.
The annexation request is then presented to the Owasso Annexation Committee for review and
recommendation. The Annexation Committee is made up of staff, elected officials and citizens.
The Committee reviews the petition for compliance with the Annexation Policy and establishes a
recommendation to the Owasso Planning Commission.
The Owasso Planning Commission holds a public hearing to determine if the property is
compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso
City Council.
The Owasso City Council will mare the final determination to annex the property or refuse
annexation. If the property is annexed into the City limits an ordinance officially declaring the
annexation is written and adopted by the City Council. Once adopted the ordinance is circulated
to appropriate regional and national agencies for recording and altering maps.
ANALYSIS
The applicant is requesting to annex approximately 2.83 acres, located at the northwest corner of
East 116t1i Street North and forth 129" East Avenue. It is the applicant's intent to develop the
property as Prairie Village, an affordable housing facility for seniors age 62 and above.
If the property is annexed into the City the applicant will be required to follow normal
development procedures which would include PUD (Planned Unit Development) approval, final
plat and site plan review. If annexed, any development proposed for the property would be
required 'to meet the Owasso ,honing 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,
Staff published legal notice of the annexation petition in the Owasso Reporter and letters of
notification were mailed to property owners within a 300' radius.
ANNEXATION COMMITTEE -
The Owasso Annexation Committee reviewed the request at its meeting on October 25, 2006. At
that meeting, the committee unanimously recommended approval of the annexation.
COMMENDATION®
The staff intends to recommend approval of the annexation of OA 06-12.
ATTACHMENT
General Area Map
E,a w w
Subject
( Property
EMSTN
Qym;o Community
Development Departm f
!ll IN, /2
Owasso, OK74Q5
9I&J76,150
9l\J76.159
www.cityofowasso.com
�
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: BRADD K. CLARIM
0111i 41[iIJ i'11FfF
DATE® November 8, 2006
BACKGROUND:
The Fiscal Year 2006-07 ambulance capital budget provides funding for the purchase of a
new ambulance chassis. This chassis will replace a 2000 model Freightliner chassis
currently in reserve due to the accumulation of miles on the vehicle. The FY 2006-07
ambulance capital budget also includes the funding necessary to refurbish the 2000 model
ambulance box, as well as re -mount the ambulance box on the new chassis.
In July of 2006, the fire department formed an ambulance project tear, whose mission
was to determine the most efficient and effective approach to readying an ambulance for
Fire Station No. 3 and to develop the appropriate specifications. The team determined
that replacing the chassis and refurbishing the ambulance module of the 2000
Frei ghtliner/Excell ance ambulance was the most cost-effective approach to ensuring the
reliability of the department's emergency medical response vehicles.
The team has determined that the purchase of the chassis locally will result in a greater
cost -savings to the City, versus purchasing the chassis from the refurbishment vendor.
Based upon their research, the team has concluded that the Chevrolet medium duty truck
CC-4500 would be the best chassis for service with the department. The Chevrolet
chassis is a. recently developed crossover chassis, with the best features of a light duty
track and the medium duty chassis line. This has resulted in a much improved ride quality
for the patient and ambulance personnel, Therefore the ambulance project team
developed chassis specifications for the CC-4500 'chat would be cost effective and ensure
the purchase of a duality chassis for the purpose of remounting an existing ambulance
module.
'The team also developed ambulance module remount/refurbish specifications for the
purpose of removing an existing 2000 year model ambulance module from the 2000
Freightliner and refurbishing the module to the department's current requirements. The
module will then be remounted onto a new 2007 year chassis. The proposed specification
package requires that the vendor offer a lifetime warranty on the remount/refurbish work
that is accomplished. This will ensure the delivery of a quality product and will offer
reliable service for the next five to seven years.
It is Staffs belief that the completion of this project will occur prior to the end of the
Fiscal Year, and in time for the opening of Fire Station No. 3.
FUNDING:
The FY 2006-07 ambulance capital budget includes funds in the amount of $199,000 for
this project, which includes both the chassis and the refurbishment of the ambulance
module.
RECOMMENDATION:
Staff intends to recommend Council approval to award the successful bid to the
appropriate chassis vendor and ambulance refurbishment vendor at a regular Council
meeting in December of 2006.
f l `Oilu 1. E
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: BRADD K. CLARK
R4
'; E '
DATE: November 8, 2006
The Fiscal Year 2006-07 fire capital budget provides funding for the purchase and
installation of a facility generator for Fire Station No. 2. Part of the funding for this
project is included in the Department of Homeland Security Assistance to Firefighters
Grant received by the City in 2005. The grant amount eligible for the project is $5,197,
which will be reimbursed upon completion of the project. This facility generator will
replace a generator currently located in the basement of the fire station, and will power
the entire building, including the Emergency Operations Center.
Specifications were developed for this project that included the design of a diesel -
powered generator with a 24mhour fuel supply, an automated weekly test option, and all
required electric work, to power the entire building in the event of a power loss.
FUNDING:
The FY 2006-07 fire capital budget includes funds to complete this project, in addition to
the Federal grant amount of $5,197,00.
BIDS DECEIVED.
A bid opening was held at City Hall on October 16, 2006. Three bids were received for
the generator project:
I. Commercial Power Solutions: $32,646
2. United Engines, 1.1,C: $35,891
3. Clifford Power Systems: $47,955
The bids were evaluated by Fire Department and Support Services staff` and determined
to meet or exceed all of the specifications.
RECOMMENDATION -
Staff intends to recommend Council award the contract and authorize payment in the
amount of $32,646 to Commercial Power Solutions at the November 21, 2006 meeting.
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
INFORMATION SYSTEMS DIRECTOR
0111110111-111
.
DATE- November 8, 2006
Software quotes were received and opened September 25, 2006. The City's software project
team has reviewed the proposals, contacted reference cities and viewed additional live
demonstrations from two vendors selected by the team.
W t1JC1l17�1
additional questions from staff resulted from the demonstrations with software vendors. In the
interest of thoroughly responding to staff questions, the software project team will hold
additional meetings before requesting the approval from Council for purchase of a Municipal
software solution.
Vill
HONORABLE MAYOR AND COUNCIL
CITY O` A' ***
FROM: IL
COMMUNfrY DEVELOPMENT rtz
DATE: November 7, 2006
This memorandum proposes changes to the cede that have been incorporated into the document as a
result. of the input gathered thus far. Following the explanation of the recent changes is the fist of
update issues that was presented at the October meeting.
CHANGES TO THE PROPOSED CODE THAT HAVE BEEN S AS A RESULT OF
RECEPANG TT'T FROM CITY LEADERS:
SCREENING EENCES — The staff has amended the proposal to allow decorative fences in place of
screening fences between arterials acid residential subdivisions. Another change is that a development's
screening must be uniform for the entire length of the development. Also, parking lots adjacent to
residential areas may be screened by either a fence or berm. Non-residential develops -eats will be
required to be screened from existing residential rises, whether those rases or located in a residential,
agricultural, or some, other type; ofzoning district.
SITE PLANS -_ Similar to the current process, site plans that are not approved (or approved with
conditions) by the Community Development Department and the Technical ._advisory Committee
(TAQ may be appealed to the City Council.
PLANNED T DEVELOPMENTS (P) -- Homeowners Associations (1'IOA) will not be
allowed to assess lots differently from each ether once the HOA takes control of maintenance of the
subdivision. This change will keep the HOA fi-om charging a certain amount per lot for homeowner -
owned lots, while charging a different amount per lot for developer -owned lots.
Also, most PUD will be required to have a minimum of three acres, but multi -family PUD will not be
restricted to this minimum size, since all multi -family developments in Owasso are required to be
placed within a PUD.
Further, the requirement that all PUD include a rninimum of 201/o open space has been removed. This
requirement was originally proposed as a way to prevent an over -burdening of the land on which the
PLJD is developed, however, this purpose is met by the additional limit of dwellings per acre.
Another charge to the proposed PLJD requirements is that, while the number of single-family detached
dwellings in a PUD is limited to four per gross development acre, the maximum number of dwelling
units permitted within a PLJD may be increased to 5 dwelling units per acre if the dwelling units within
the PLJD are a minimum of 1,800 square feet in floor area, and at least four of the following amenities
are provided: 1) a trails system, other than required sidewalks, 2) a neighborhood swimming pool, 3) a
neighborhood park, 4) masonry screening around the perimeter, 5) irrigated landscaping at the
development entrance, 6) decorative, pedestrian -oriented streetlights, or 7) other amenities as may be
determined by the Community Development Department and Planning Commission to significantly
improve the quality of life, in the development.
SIGNS — Signs at service stations that are attached to gasoline pumps or other similar dispensing or
servicing devices are allowed, as well as signs and required regulatory information that are an integral
part of the service station operation. In no way does this change allow snipe signs and pennants at
service stations, and barniers at service stations must be permitted as they are at other uses.
Also, signs that are posted on windows of commercial/office uses and not designed to be read from a
point off the property will be allowed by the new zoning code,
BULK AND ARE A REQUIREMENIS -- There will no longer be a maximum height for single-family
houses in Owasso.
OTHER VIOUSLY DISCUSSED WITI1
'THE CM COUNCR,,.-
Currently, the, City may only bring in annexed property in the, A(I Agricultural District or in the
zonhig district previously granted by the county in which the property is located. The
proposed change would allow a property to be brought into the City of Owasso at the previous
existing zoning classification at the time of annexation. The staff has researched the state
enabling legislation, and has found no provision in the statutes that would prevent a property
from being rezoned at the time of annexation. Of course, the proposed change comes with a
requirement that any rezoning at the time of annexation meet the same public notice
requirements as all other rezonings.
The reason for this proposed change is that it could potentially remove a month from the time
required to develop property in Owasso, and would still afford the City staff, Planning
Comn-fission, and City Council arriple opportunity to review and consider any proposed land
use change that would come in conjunction with an annexation request.
2. The second significant proposed change is that the RM- I and RM-2 Multi-Fan-ffly Residential
zoning districts be combined into one RM zoning district. The main reason behind this change
is the recently adopted ordinance requiting all multi -family developments to be included within
a Planned Unit Development (PUD). Minimum bulk and area requirements such as lot size
and width, setbacks, and height are provided in the proposed code at the same levels currently
provided for the RM-2 district of the existing code, and these standards may be made more
restrictive as part of the PUD. These bulk and area requirements do not vary substantially in
the existing code between RM- I districts and RM-2 districts, except that a height limitation of
26 feet is placed on RM-1. developments, and setback requirements are currently more
restrictive in RM- I districts than hi RM-2 districts. Nonetheless, there may be occasions that it
becomes necessary to require multi -family developments to adhere to more stringent standards,
and the PUD vehicle makes it possible to do so.
Use units have been- removed. Replacing the use units are lists of specific uses allowed by right
wnd allovied by special exception in the zoning district. This change is designed to increase the
case of use of the zoning code, and is also designed to increase the clarity of exactly What types
of uses are allowed within the individual zoning districts. The pay dng requirements that were
attached to each use unit are now listed in Chapter 9 -- Off-street Parking Requirements.
6. Signage requirements within the individual zoning district chapters (Agricultural, Residential,
Office, etc.-) have been replaced by Chapter 18 -- Signs - the incorporation of the Owasso
Sign Code adopted in 2003.
7. Recreational vehicles must be parked upon a paved surface. This rule has been made by
interpretation up to now, and the proposed code clearly states that rule,
S. The maximum allowed structure height in single-family districts has been removed in order to
accommodate large houses with steep roof pitches now commonly constructed in Owasso.
9. Side yard setbacks in RS-1, RS-2, and RS-3 districts are now 5' for both side yards,
effectuating the side yard ordinance passed by the City Council in 2006.
10. Site plans will now be reviewed by the Technical Advisory Committee (TAC) and the
Community Development Department and will not be required to go to the Planning
Commission for review and approval. The reason for this proposed change is the technical
nature of site plan reviews in order to determine their compliance with the code on issues such
as setbacks, drainage, bulk and area requirements, etc. Further, this change will save applicants
approximately two weeks of review time because once the TAC and the staff approve a site
plan it will not have to wait for Planning Commission approval before receiving a building
permit or earth change permit.
15. -Provisions for overlay districts are spelled out. Overlay districts provide requirements for
specific areas of the community that are in addition to regular zonhig district requirements, and
may be viewed as a type of cite -initiated PtJD. This change is designed to provide enhanced
standards to protect and enhance the unique characteristics of specific areas and/or corridors
while providing, for development opportunities. These characteristics may include natural
scenic beauty, manmade features or other features. Overlay districts may also be used to
protect or facilitate a particular design theme established through specific architectural styles,
16. Off-street parking requirements are proposed to be presented in a new and separate chapter.
Unlike the existing code, which specifies parking requirements by use unit, the proposed new
chapter requires a specific number of parking spaces for each specific use, such as single-family
dwellings, department stores, hospitals, manufacturing facilities, etc.
17. A required number of loading berths by land use is not provided. Loading berth requirements
will be determined by the applicant and the TAC on a case by case basis, as necessitated by the
specific use.
18. The new zoning code replaces the phrase "dust -free, all-weather surface" with the phrase
"paved off-street parking areas7, in order to eliminate ambiguity and confusion about what
types of parking surfaces are allowed.
19. All commercial, industrial, and multi -family off-street parking areas with more than five parking
spaces must be screened from any adjacent residentially zoned property.
20. Zoning map amendments must be in compliance with the Owasso Land Use Master Plan. This
is not really a change, since the policy of requiring zoning to match the land use plan has been
in place since the plan was adopted in 2004, but this proposal would place the policy directly
into the zoning code.
2 1. Regulations for telecommunication towers, fencing requirements, and flood hazard regulations
are proposed as new chapters to the zoning code. They are simply re -statements of the
ordinances passed by the City Council previously. No changes to these three chapters are
proposed.
23. Regulations for access gates for gated communities is proposed as a new chapter to the zoning
code. It is simply a re-statenient of the gated communities ordinance passed by the City
C(,,)trncil in 2006. No changes to the gated communities regulations are proposed.
24, The final change is the removal of the secretary position from the. Plaiming Commission and
Board of Adjustment, The Community Development staff perform- s the secretarial duties of
these bodies, and has for many years. Neither the Board of Adjustment nor the Planning
Commission currently has a designated secretary.
T 0: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
Ui R! ' ` BRADD @,. R
FIRE CHIEF
j ti> t f ? f l 0932 i
DATE: November 1, 2006
BACKGROUND
Advertisements for the design specifications and bidding opportunities for the Fire
Station No. 3 project were published in the Owasso Reporter on October 17 and 24, 2006
and in three trade journals (Bid News, Southwest Construction News, and ABC). In the
first two days, twelve packets were picked -up at City Malt, requiring the preparation of
additional bid packets for additional prospective bidders. The bid opening for the project
occurred on November 7, 2006 at City Hall.
The Fire Station No. 3 project has received approval for the final site plan and the final
plat reviews from the Owasso Planning Commission. The Architect hired for the project
has developed the construction specifications necessary for the bid process, based upon
the input of City of Owasso staff from Support Services, Information 'Technology, Fire,
and Community Development departments.
FACILITY PROJECT.
As a general overview of the project, the following are characteristics of the fire station
as depicted in the design specifications for this project. Some of these features are unique
to the fire station due to the twenty-four hour use of the building and the weight of the
fire apparatus:
Six firefighter residential station with individual sleeping quarters
* Two separate bathroom facilities to accommodate a Co-ed. workforce
* Exterior elevation designed to blend into a residential area
* Roof design for a residential look with a 6/12 pitch with asphalt shingles
* Exterior walls are a blend of brick and plaster
Interior walls are steel studs and trusses
• Apparatus bays are concrete block walls
• Facility floor will be post tensioned concrete slab
• All sleeping areas will be carpeted
• The site is a corner lot and will provide three drive -through apparatus bays
• Exterior paving will be concrete designed to withstand the weight of all fire
fighting equipment and apparatus
® On site detention pond capable of excess capacity to provide for regional storm
water runoff
® Heating and cooling system will be a residential split system with three furnaces
for the living quarters
® A ground source heat pump system is designed and was bid as an alternate
® Emergency power generator for backup power in the event of a power outage
® A vehicle exhaust extraction system for the vehicular exhaust
® Radiant gas heat and power drop cords available at the apparatus bays
Tornado storm shelter room constructed of concrete block with a concrete lid for
firefighter and citizen use
Extractor washer and drying cabinet for cleaning of the "Bunker Gear" in addition
to a standard washer and dryer for the residential cleaning
The design of this facility focused on a practical and energy efficient building that will
last for several decades of around the clock use. This project will substantially improve
the fire department's response time and emergency responder availability, and ultimately
the Insurance Services Office (ISO) rating of the City.
A total of 8 bids were opened on Tuesday, November 7, 2006. All of the bids received.
appear to meet bid specifications:
Crossland Construction $ 1,697,000
Crestline Construction
1,748,000
Magnum Construction
1,807,000
BE
1,809,885
Brewer Construction
1,813,600
Crossroads Construction
1,870,000
Builders Unlimited
1,889,093
Simmons Homes
2,016,433
A review of the above bids indicates that Crossland Construction is the low bidder. This
bid would include the alternate of providing a ground. source heat pump system.
The funding for this project is identified in the CIP in FY 2006-07. The overall funding
for the project, including all facility construction, site work, and the building furnishings
is $1.9 milli.on. To date, a total of $303,032.23 has either been spent or encumbered as a
result of the land purchase and the selection of the architectural firm, BKI_,.
If the above bid were to be awarded as presented, the cost of the facility at this point is
$2,000,032.23, a total of $100,032.23 over budget. Additionally, the extension of water
and sewer services, facility furnishings, and a J% contingency would add a need for an
additional $307,450 for a total project cost of $2,307,482.23.
Ms. Bishop has reviewed the Capital Improvement fund and sufficient funding for this
project is available.
ADDITIONAL COMMENTS:
There are three areas in which staff would like to provide additional comments and/or
information to the City Council.
® Staff does not feel that re -bidding the project would be efficient in cost or in the
overall timeline of construction. A total of 8 bids were received for this project —
5 of which are relatively competitive - which indicates a favorable response to the
specifications and bid documents. A re -bidding of the project not only would add
delay, but also potentially alienate bidders from re -submitting any competitive
bid.
® Staff was contacted by one of the bidders — Mr. Greg Simmons of Simmons
Homes — after the bids were opened. According to Mr. Simmons, he felt that the
City of Owasso received a very good bid from Crossland Construction and
commented on their excellent reputation. He did not feel that rebidding the
station would necessarily be beneficial to the City of Owasso.
® Staff has reviewed the bid specifications and is confident that if the contract were
to be awarded, there are some savings that could be realized in the form of change
orders (deductions) to the contract as presented. Examples of areas staff could
gain savings are the scope of the detention work, facility furnishings, changing
some of the architectural features of the facility (safe room), and reducing the size
of the emergency power generator. Staff does, however, want to be cognizant as
to not reduce the duality of the overall facility.
RECOMMENDATION
Staff intends to recommend Council award the contract for the construction of fire
Station No. 3 to Crossland Construction at the November 21, 2006 regular meeting of the
City Council. Additionally at that meeting, staff would also recommend increasing the
funding for fire Station No. 3 by the amount of $300.000.
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J. RA'S
CITY
l C At 1
I
DATE® November 14, 2006
On August 15, 2006, the City Council approved Ordinance No. 872, establishing an Audit
Committee and adopting procedures for the committee to follow. The purpose of this audit
committee is to assist in overseeing the annual audit of financial statements, ensure the
person or organization completing the audit is independent of city staff, and address control
and compliance weaknesses.
On September 19, 2006, the City Council approved the Mayor's request for confirmation of
the following appointments to the Audit Committee:
Ranker: Mr. Dennis Phillips, First Bank of Owasso
Businessperson: Ms. Dorothy Carson, CPA, Kallenberger & Assoc.
Non -practicing CPA: Mr. John Manning, CPA, Oneok
Mr. Guy Nightingale, Williams Auditor
City Council: Ms. Susan Kimball
Section 7-704 Terms of Appointment
All members of the audit committee shall be appointed for a term of three (3) years except
for the city councilor who will be appointed for a one year term or until their successors shall
be qualified and appointed. The appointment of members shall be for staggered terms:
The five (5) voting positions on the audit committee shall be divided into seats numbered one
-through five. Seat No. 1 shall be held by a city councilor who is serving the second year of
his three-year term of office. The term of office for Seat No. 1 shall expire on July 1, 2007,
and every July 1st thereafter. No city councilor may succeed them self in office. Seat No. 2
may be held by any of the remaining categories of members and shall expire on July 1, 2007,
and on every third year thereafter. Seats No. 3 and 4 may be held by any of the remaining
categories of members and shall expire on July 1, 2008, and on every third year thereafter.
Seat No. 5 may be held by any of the remaining categories of members and shall expire on
July 1, 2009, and on every third year thereafter.
Memo
November 14, 2006
Page 2 of 2
The staff has prepared a recommended list of terms for each of the four initial committee
appointees:
Seat No. 2 Mr. Dennis Phillips, First Bank of Owasso, term expires July 1, 2007
Seat No. 3 Ms. Dorothy Carson, CPA, Kallenberger &.Assoc., term expires July 1, 2008
Seat No. 4 Mr. John Manning, CPA, Oneok, term expires July 1, 2008
Seat No. 5 Mr. Guy Nightingale, Williams Auditor, term expires July 1, 2009
If there are no concerns, staff will place this item on the November 21, 2006 City Council
agenda for approval.
TO® HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: SHERRY BISHOP
FINANCE DIRECTOR
The OPWA has outstanding revenue bond debt of $3,830,000 issued in 1996 for the Bailey Ranch
Golf Club, As of July 1, 2006, that debt is callable and could be refinanced at a lower interest rate,
In 1992, the Owasso Public Golf Authority issued revenue bonds to fiance the construction of the
Dailey Ranch Golf Club. The 1992 Revenue Bonds were secured only by the revenues of the golf
course with no pledge of revenue from the City of Owasso. In 1996, the OPGA was reorganized and
the city management tools responsibility for operation of the golf course. At that same time, the
OPWA issued revenue bonds and "purchased" the golf course from the OPGA, The 1996 Revenue
Bonds are secured by the OPWA utility revenues, the OPGA golf revenues and two cents of the City
of Owasso's sales tax.
The outstanding 1996 Revenue Bonds bear interest rates ranging from 5.55% to 6,15% with final
maturity of July 1, 2017, As of July 1, 2006 the bonds became callable at a 2% premium, The final
maturity of the new debt would remain at July 1, 2017. In order to receive the best interest rate, the
new debt would be issued on a par with the OWPA's other existing debt which would require a debt
service reserve fund of $384,500. The estimated interest rate for new debt is 3,95% or better.
The principal balance of the current debt is $3,830,000.00, Interest to be paid through final maturity
is $1,525,592.50 for total payments of $5,355,592.50. The principal of the proposed new debt would
be $3,845,000,00 with estimated interest payable through final maturity of $907, 735.24 for total
payments of $4,752,735.24, The gross saving is $602,857.26 and present value savings (at
3.949170%) is $504,919.72. Some savings is due to the reduction in the debt service reserve fund
and the use of the existing cash in the debt service funds. Net of those changes, the savings is
$342,526.74 with a net present value savings of $244,599,20,
Allan Brooks, Bond Counsel, and Keith McDonald, financial Advisor, are working to finalize
documents and details of the financing. Staff plans to place approval of this refinancing on the
November 21" City Council and OPWA agendas and anticipates loan closing on the 27"'
ATTACHMENTS:
Refunding Analysis, Debt Service Savings
Refunding Analysis, Sources and Uses
$3,845,000
The Owasso Public Worksz
Utility System ri Sales Tax Revenue Note, Series 2006
Refunding Analysis of • a -
Debt Service Savings
Date
Debt Service on
Series 1996
Debt Service on
Series 2006
Gross
Savings
PV Savings @
3.949170%
11/27/06
-
0.00
0.00
01/01/07
114,185.00
-
114,185.00
113,764.04
07/01/07
374,185.00
375,282.74
(1,097.74)
(1,072.51)
01/01/08
106,970.00
70,310.00
36,660.00
35,124.05
07/01/08
381,970.00
370,310.00
11,660.00
10,955,16
01/01/09
99,270.00
64,385.00
34,885.00
32,141.56
07/01/09
389,270.00
374,385,00
14,885.00
13,448,85
01/01/10
91,077.50
58,262.50
32,815.00
29,074,80
07/01/10
396,077.50
378,262.50
17,815.00
15,478.83
01/01/11
82,385,00
51,942.50
30,442.50
25,938.25
07/01/11
402,385.00
386,942.50
15,442.50
12,902.86
01/01/12
73,185.00
45,326.25
27,858.75
22,826.44
07/01/12
413,185.00
390,326.25
22,858,75
18,366.95
01/01/13
62,730.00
38,512.50
24,217.50
19,081.91
07/01/13
422,730.00
398,512.50
24,217.50
18,712.42
01/01/14
51,660.00
31,402.50
20,257.50
15,349.51
07/01/14
436,660.00
406,402.50
30,257.50
22,482.77
01/01/15
39,821.25
23,996.25
15,825.00
11,531.04
07/01/15
444,821.25
413,996.25
30,825,00
22,026.02
01/01/16
27,367.50
16,293.75
11,073.75
7,759.53
07/01/16
457,367,50
421,293.75
36,073.75
24,787.93
01/01/17
14,145.00
8,295.00
5,850.00
3,941.97
07/01/17
474,145.00
428,295.00
45,850.00
30,297.34
Total
5,355,592.50�
4,752,735.24
602,857.26
504,919.72
Net PV Savings
504,919.72
Plus: Rounding Amount
1,106.00
Plus: Accrued Interest
-
Minus: Prior DSF
(174,323.52)
Minus: Prior DSRF
(471,603.00)
Plus: New DSRF
384,500.00
Total 244,599.20
Net PV Savings/Refunded Principal 6.386%
Net PV Savings/Refunding Principal 6.361%
10/1812006 9:29 AM 510375_2.XLS 14 of 14
$3,845,000
The Owasso Public Works Authority
Utility System and Sales Tax Revenue Note, Series 20
Refunding Analysis of Series 1996 1
Sources and Uses
Sources of Funds
Par Amount of Bonds 3,845,000.00
OIP/(OID) 0.00
Prior DSRF 471,603.00
Prior DSF 174,323.52
Total Sources 4,490,926.52
Uses of Funds
Escrow Deposit
Initial Cash Deposit
0.52
SLGS Purchased with Bond Proceeds
3,359,394.00
SLGS Purchased with Prior DSRF
471,603.00
SLGS Purchased with Prior DSF
174,323.00
Reserve Fund
384,500.00
Cost of Issuance
100,000.00
Rounding Amount
1,106.00
Total Uses 4,490,926.52
10/18/20069:29 AM 510375 2.XLS 1 of 14
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: PURCHASE OF ATOR PROPERTY AND SETTLEMENT OF LEGAL,
ACTION
STATUS + PORT
Pursuant to the settlement reached with Wesley Ator to purchase the entire seven acres known as
"Ator Field' for $2,115,000, City staff is in the process of preparing settlement documents.
These documents include a settlement agreement, a preliminary draft of which is attached for
your review, which will be executed by Mr. Ator, the School District and the City, and a
purchase contract for the sale of the land by Mr. Ator to the City. A draft of the purchase
agreement has been circulated to all parties for review and is attached for your consideration.
This contract includes provisions establishing that the purchase price of $2,115,000 will be paid
by the by the City to Mr. Ator in two installments. The first payment of $715,000 will be paid
on or before December 1, 2006, and the remaining payment of $1,400,000 is due to be paid on
January 5, 2007. In addition, the field will continue to be known as "Ator Field" for as long as
the City owns the property and utilizes it as a sports field. When the School District has fully
purchased the land, they will be free to change the name of the field if they so desire.
In addition to the settlement agreement and purchase contract, the City's bond counsel, Allan
Brooks of Fagin, Brown, Bush, Tinney & Miser, is preparing a lease/purchase agreement to be
executed by the School District and the City. This agreement will allow the School District to
purchase the land for $1,814,875.00 ($2,115,000 minus $300,125.00 for right-of-way previously
acquired by the City) plus additional loan costs and fees the City may incur, and pay out the
purchase price to the City over a. twelve year period. If at any time prior to full payment for the
land the School District ceases to make payments to the City, the lease/purchase agreement will
specifically provide that the City may terminate the contract and sell the land to recoup its
investment.
Counsel for the School District has advised City staff that the monies used to purchase the land
will be taken from the School District's building fund. This will require the School District to
treat each annual payment under the lease/purchase agreement as a capital expenditure and
acquire a small portion of the land annually. To this end, the School District's attorneys are
drafting legal descriptions for eleven small parcels located on the north end of the property that
are contained within the area the School District instituted condemnation proceedings to obtain.
For each of the annual payments made by the School District, prior to the final year, the City will
1
deed one of these parcels to the School District. When the final payment is made, the City will
deed the remainder of the land to the School District.
The lease/purchase agreement will not be fully drafted until the City's negotiations to secure a
loan have ceased and the loan terms are finalized. This is likely to occur within the next few
days.
Contract of Sale for the Seven Acre Tract known as "Ator Field"
Settlement Agreement and Mutual release
N
€ ;•a f .f,- ,. a> �' 3 ri, r t 1'
1. PARTIES. This agreement, dated , 2006, is between SELLER,
Reuel Wesley Ator, and BUYER, The City of Owasso,
2. PROPERTY AGREED TO BE SOLD® SELLER agrees to sell and BUYER agrees to
purchase and pay for in accordance with the provisions, terms and conditions herein set
forth, the real estate, known as:
The South seven (7) Acres of the Southwest Quarter (SW/4) of the Southwest
Quarter (SW/4) OF THE Southeast Quarter (SE/4) of Section Nineteen (19),
Township Twenty-one (21) North, Range Fourteen (14) East of the I.B. & M.
(Indian Base Meridian, Tulsa County, State of Oklahoma),
This sale includes all improvements and structures located on the described property.
3. PURCHASE PRICE. BUYER shall pay for the PROPERTY the sum of Two Million
One Hundred Fifteen Thousand Dollars ($2,115,000.00), payable in two installments as
follows:
a. $71y� 5,000.00 to be paid to Seller by Buyer on or before Friday, December 1, 2006,
and,
b. The balance of $1,400,000.00 to be paid to Seller by Buyer on Friday, January 5,
200T
4. SELLER AGRI A ES to convey title to Buyer subject to a vendor's lien on or before Friday,
December 1, 2006, when the first installment of $715,000.00 is paid.
>. SELLER. FURTHER AGRE ES to allow Buyer to take early possession of the subject
property immediately upon execution of this Contract of Sale.
6. BUYER AGREES to assume responsibility for all utilities as of the date Buyer assumes
possession of the property, and further agrees to hold Seller harmless against any and all
liabilities which might arise out of the possession and use of the property between the date
this Contract of Sale is executed and the date final payment is made to Seller by Buyer and
an executed Warranty Deed is provided to Buyer by Seller.
7. BUYER AGREES to maintain the name "Ator Field" on the football field for so long a
time as the property is owned by Buyer and utilized by Buyer as an athletic or sports field.
8. CONDITION OF PROPERTY, BUYER accepts the property in its present condition, "as
is," without any warranties of SELLER as to its condition.
9. DAMAGE BY FIRE OR ELEMENTS. In the event of damage by fire or other
catastrophic event which exceeds the sum of $ 10,000.00, BUYER may choose to terminate
this Contract of Sale.
10. CLOSING® This transaction shall be closed and settlement shall be held on or before the
5tn day of January, 2007, or sooner, at a time and place mutually agreeable to the parties
unless Closing is extended by written agreement between BUYER and SELLER.
11. DEFAULT.
a. If either party wrongfully refuses to close, either party may seep specific performance
of damages. -
b. In the event a suit for specific performance or damages is instituted, the prevailing
parties shall have the right to recover all of such parties' expenses and costs incurred
by reason of such litigation including, but not limited to, attorney's fees, court costs,
and costs of suit preparation.
12. BINDING EFFECT. This Agreement, when executed by both BUYER and SELLER shall
be binding upon and inure to the benefit of BUYER and SELLER and, their respective
heirs, legal representatives, successors and assigns. This Contract sets forth the complete
understanding of the SELLER and the BUYER and supersedes all previous negotiations,
representations, and agreements between them.
BUYER:
City of Owasso
By:
Stephen Cataudella, Mayor
ATTEST:
By:
Sherry Bishop, City Clerk
APPROVED AS TO FORK
By: - --
Julie Trout Lombardi, City Attorney
SELLER -
By:
Reuel Wesley Ator
APPROVED AS TO FORM:
By:
Crary Eaton, Attorney for
Reuel Wesley A.tor
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This Settlement Agreement and Mutual Release (the "Agreement") is executed by and
among REUEL WESLEY ATOI2 (66Ator"), INDEPENDENT SCHOOL DISTRICT NO, 11
OF TULSA COUNTY, OI AIIOI A (the "School District"), and THE CITY OF OWASSO
(the "City").
A. On October 8, 2003, Ator filed an action in the District Court of Tulsa County,
Oklahoma, styled Reuel Wesley Ator v. The Unknown heirs, Personal Representatives, Devisees,
Trustees, Successors and Assigns of Thelma A. Ator, deceased, et al., Case No. CJ 2003-6380
(the "Quiet Title Action"). Ator sought to quiet title in himself and against the School District
and the City in the following described real property, and to obtain certain other relief including
attorneys fees and rent:
The South seven (7) Acres of the Southwest Quarter [SW/4] of the Southwest
Quarter [SW/4] of the Southeast Quarter [SE/4] of Section Nineteen (19),
Township Twenty-one (21) North, Range Fourteen (14) East of the [Indian Base
Meridian, Tulsa County, State of Oklahoma],
(the "'Subject property"). On September 15, 2004, the District Court entered its Journal Entry of
Summary Judgment Quieting Title Only quieting title to the Subject Property in Ator, The
School District and the City timely appealed that judgment.
R. On March 3, 2005, Ator filed a second action in the District Court of 'Tulsa
County, Oklahoma, styled Reuel Wesley Ator v. Board of Education of Owasso Independent
School District No. 11, Case No. CJ 2005-1338 (the "Injunction Action"). The City was not a
party to the Injunction Action. Ator sought an injunction prohibiting the School District from
using the Subject Property during the pendency of the appeal of the Quiet Title Action.
Following an evidentiary hearing on July 6, 2005, the District Court denied Ator's request for an
injunction and dismissed the Injunction Action. Ator timely filed an appeal.
C. The judgment in the Quiet Title Action was affirmed by the Oklahoma Court of
Civil Appeals on June 15, 2006. By order entered on September 25, 2006, the Oklahoma.
Supreme Court declined to grant certiorari to review the decision of the Court of Civil Appeals in
the Quiet Title Action and that decision became final as to the quiet title issues. The case was
remanded to the District Court to deal with the remaining issues and relief sought by Ator.
D. On September 26, 2006, the School District filed an action in the District Court of
Tulsa County, Oklahoma, styled Independent School District No. 11 of Tulsa County, Oklahoma,
v. Reuel Wesley Ator, et al., Case No. CJ 2006-6047 (the "Condemnation Action"). The School
District sought to acquire for public purposes the North 35 feet of the Subject Property.
E. Ator, the School District, and the City have agreed to settle any an all disputes
and differences existing between or among them, known or unknown, as of the date of this
Settlement Agreement and Mutual Release in accordance with the terms and conditions set forth
herein.
THEREFORIE, in consideration of the mutual promises, covenants and agreements
contained herein and intending to be legally bound, the parties agree as follows:
1. Ator agrees to sell his entire interest in the Subject Property to City, and the City
agrees to purchase Ator's entire interest in the Subject Property, for the sum of $2,115,000,
payable in two installments, with the first, in the amount of $715,000 due on or before Friday,
December 1, 2006, and the balance, in the amount of $1,400,000, due on Friday, January 5,
2007. Ator agrees to convey title to the Subject Property to the City, subject to a "vendor's lien,"
when the first installment of $715,000 is paid.
2. Ator agrees to allow the City to take possession of the Subject Property
immediately upon the execution of a mutually acceptable contract of purchase. Ator agrees to
take no action to interfere with the use of the Subject Property by the School District and/or the
City pending execution of a mutually acceptable contract of purchase and the closing of the
purchase/sale transaction.
3. Ator agrees to voluntarily dismiss the Quiet Title Action with prejudice and to
voluntarily dismiss the appeal of the Injunction Action with prejudice and to waive any and all
claims he has or may have against the School District and/or the City.
4. The City and the School District agree to insure the Subject Property, assume
responsibility for all utilities on the Subject Property, and hold Ator harmless against any and all
liabilities that might arise out of the possession and use of the Subject Property between the time
of execution of a mutually acceptable contract of purchase and the closing of the transaction.
5. The School District agrees to voluntarily dismiss the Condemnation Action with
prejudice.
6. Ator, the School District, and the City agree that the parties to the (quiet Title
Action, the Injunction Action, and the Condemnation Action are to bear their own costs and
attorney fees.
7. Except for the obligations created by this Settlement Agreement and any
purchase/sale agreement entered into between the City and Ator as to the Subject Property, each
party to this Settlement Agreement agrees to release and hereby releases the other of any and all
claims, liabilities, and actions, known or unknown, that each party may have against the other as
of the date of the execution of this Settlement Agreement as set out below.
8. The City agrees to retain the name "Ator Field" on the Subject Property for so
long as the Subject Property is owned by the City and used as an athletic or sports field.
iq
The undersigned warrant and represent that each is authorized to execute this Agreement
and, by doing so, to bind their legal representatives, successors and assigns forever. Multiple
counterparts of this Agreement will be signed and each such copy shall constitute an original and
have equal force and effect.
Dated this day of 52006.
y
Clerk, Board of Education President, Board of Education
y
Steven C'ataudella, Mayor
e