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HomeMy WebLinkAbout2013.01.15_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE RECEIVED OWASSO CITY COUNCIL q� TYPE OF MEETING. Regular tJAN I 701 C DATE: January 15, 2013 City Clerk's Office TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall at 6:00 p.m. on Friday, January 11, 2013. Sherry Bishop ity Clerk AGENDA 1. Call to Order Mayor Doug Bonebrake 2. Invocation Pastor Dan Korver of Dalton Hill Baptist Church 3. Flag Salute 4. Presentation of Employee of the Quarter 5. Roll Call 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable A. Approval of the Minutes of the January 8, 2013 Regular Meeting Attachment # 6 -A B. Approval of Claims Attachment # 6 -B C. Receipt of the Monthly Budget Status Report Attachment # 6 -C D. Approval of "Agreement for Urban Engineering Services" (Engineers Agreement), John B. Bean, Site Development, Lot 6, Block 1, Owasso Medical Park Attachment # 6 -D Owasso City Council January 15, 2013 Page 2 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to the approval of FY 2012 -2013 Street Rehabilitation Project Change Order #1 Earl Farris Attachment #8 Staff recommends approval of Change Order #1 amending the contract pay items to include sidewalk installation, top soil, sod, and water meter can adjustment, with no change to the total contract amount of $977,194.10 9. Consideration and appropriate action relating to the approval of the final plat, Encore at Elm Creek 1, located at the northwest corner of E 116th St N and N 145th E Ave Bronce Stephenson Attachment #9 Staff recommends approval of the final plat for Encore at Elm Creek 1. 10. Consideration and appropriate action relating to the Owasso Youth Football User Agreement Larry Langford Attachment #10 Staff recommends authorization for the City Manager to execute an agreement with the Future Owasso Rams Football Program, for the purpose of managing the City of Owasso McCarty Park for football games and activities. 11. Consideration and appropriate action relating to the Owasso Youth Baseball User Agreement Larry Langford Attachment #I 1 Staff recommends authorization for the City Manager to execute an agreement with Champions Baseball Owasso, for the purpose of managing the City of Owasso youth baseball program utilizing city owned facilities. 12. Consideration and appropriate action relating to the approval of Resolution No. 2013 -02, declaring a policy to audio record all meetings of the Owasso City Council and the Owasso Planning Commission; and directing the City Manger to implement such policy Sherry Bishop Attachment # 12 Staff recommends that Council take no action at this time pending further software review and demonstrations. Owasso City Council January 15, 2013 Page 3 13. 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 Rhonda Miller, Personal Representative of the Estate of Walter Miller, vs. City of Owasso; such executive session provided for in O.S. 25, Section 307(8)(4) Julie Lombardi 14. Consideration and appropriate action relating to Resolution 2013 -01, designating the City Manager as the settlement representative for mediation in the litigation matter styled Rhonda Miller, Personal Representative of the Estate of Walter Miller, vs. City of Owasso CJ- 2010- 06989, Judge Linda G. Morrissey, and additionally granting full, final and complete settlement authority in this litigation matter to the City Manager Julie Lombardi Attachment # 14 Staff recommends approval of Resolution No. 2013 -01. 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 8, 2013 The Owasso City Council met in regular session on Tuesday, January 8, 2013 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, January 4, 2013. ITEM 1 CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:32 p.m. ITEM 2 INVOCATION The invocation was offered by Pastor Melinda Foster of the Opentable United Church of Christ ITEM 3 FLAG SALUTE Councilor Ross led the flag salute ITEM 4 ROLL CALL PRESENT ABSENT Doug Bonebrake, Mayor Chris Kelley, Vice Mayor Jeri Moberly, Councilor Charlie Brown, Councilor Patrick Ross, Councilor A quorum was declared present STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ITEM 5 PRESENTATION OF THE MAYOR'S PROCLAMATION The Mayor presented a proclamation declaring January 11, 12 and 13 Human Trafficking Awareness Weekend in Owasso. ITEM 6 PRESENTATION OF THE CHARACTER TRAIT OF ORDERLINESS Michele Dempster, Character Council Member, presented "Orderliness," the Character Trait of the Month for January 2013. ITEM 7 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the December 18, 2012 Regular Meeting B. Approval of Claims C. Approval to declare one (1) 2002 Chevrolet Monte Carlo as surplus to the needs of the City of Owasso and authorize auctioning on eBay D. Approval of Ordinance No. 1018 an ordinance approving zoning application number OZ 12 -05 changing the zoning of property located in the Southwest Quarter of Section 8, Township 21 North, Range 14 East, Tulsa County, Owasso City Council January 8, 2013 Oklahoma, from an AG (agricultural) District to a CS (commercial shopping) District, and repealing all Ordinances or parts of Ordinances in conflict herewith Approval of Ordinance No. 1019 an ordinance approving zoning application OZ 12 -06 changing the zoning of property located in the Southeast Quarter of Section 30, Township 21 North, Range 14 East, Tulsa County, Oklahoma, from an OL (office light) District to a CS (commercial shopping) District, and repealing all Ordinances or parts of Ordinances in conflict herewith Ms. Moberly moved, seconded by Dr. Kelley to approve the Consent Agenda with claims totaling $440,897.69. Also included for review were the healthcare self- insurance claims report and the payroll payment reports for 12/15/2012 and 12/29/2012. YEA: Ross, Brown, Kelley, Moberly, Bonebrake NAY: None Motion carried 5 -0 ITEM 8 CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action required ITEM 9 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPROVAL OF ORDINANCE NO. 1020 AN ORDINANCE AMENDING THE CITY OF OWASSO ZONING CODE AS CODIFIED IN THE OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, SUB - CHAPTER 8, PLANNED UNIT DEVELOPMENT AND OVERLAY DISTRICTS Mr. Karl Fritschen presented the item recommending approval of Ordinance No. 1020. After discussion, Dr. Kelley moved, seconded by Mr. Ross to approve Ordinance No. 1020, as recommended. YEA: Brown, Ross, Kelley, Moberly, Bonebrake NAY: None Motion carried 5 -0 ITEM 10 CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN AGREEMENT WITH THE OWASSO GIRLS SOFTBALL ASSOCIATION, FOR THE PURPOSE OF MANAGING CITY SOFTBALL FACILITIES AND ACTIVITIES Mr. Larry Langford presented the item recommending approval of the agreement. After discussion, Dr. Kelley moved, seconded by Ms. Moberly to approve the contract, as recommended. Dr. Kelley then withdrew his motion. Mr. Ross moved, seconded by Dr. Kelley to approve the contract with the addition of a section 21 stating; This agreement shall be implemented and enforced as written and may be amended only by written agreement between both parties, with final approval by the Owasso City Council. Mr. Ross then withdrew his motion for further discussion. After discussion, Mr. Ross moved, seconded by Dr. Kelley to approve the contract with the addition of a section 21 stating; This agreement shall be implemented and enforced as written and may be amended only by written agreement between both parties, with final approval by the Owasso City Council. YEA: Kelley, Moberly, Ross, Brown, Bonebrake NAY: None Owasso City Council Motion carried 5 -0 ITEM 1 1 REPORT FROM CITY MANAGER January 8, 2013 Rodney Ray expressed his appreciation to the Owasso Softball Girls Association for their willingness to work with City Staff regarding the Softball User Agreement. Jerry Fowler presented the Annual Strong Neighborhood Initiative Report. Rodney Ray announced the Windsor Lake neighborhood meeting to take place on January 22, 6:30 p.m., at First Assembly of God to discuss neighborhood issues surrounding the Sam's development. Roger Stevens presented the monthly Public Works Status Report. Marketing information, requested by Charlie Brown, was given to the City Council regarding Bailey Ranch Golf Club. Rodney Ray spoke regarding the impact of the fiscal cliff on current legislation in Owasso. At this time, the Highway Transportation Act is not affected and we will still be funded. ITEM 12 REPORT FROM CITY ATTORNEY Julie Lombardi announced that the lawsuit Mitchell, Mutti, and Jones v. City of Owasso, was dismissed by the judge. ITEM 13 REPORT FROM CITY COUNCILORS Mayor Bonebrake commended the Owasso Fire Department in their efforts regarding the recent fires in our community. ITEM 14 NEW BUSINESS None ITEM 15 ADJOURNMENT Mr. Ross moved, seconded by Mr. Brown, to adjourn the meeting. YEA: Ross, Brown, Moberly, Kelley, Bonebrake NAY: None Motion carried 4 -0 and the meeting was adjourned at 8:12 p.m. Ashley Hickman, Minute Clerk 3 Doug Bonebrake, Mayor Claims List 1/15/2013 Budget Unit Title Vendor Name Payable Description Payment Amount GENERAL TREASURER PETTY CASH OC REFUND/VANSKIKE 250.00 AEP /PSO STREET LIGHTS 15.06 TOTAL GENERAL 265.06 MUNICIPAL COURT ICHARLES ALLEN RAMSEY SR LEGAL - PORTER APPEAL 500.00 TOTAL MUNICIPAL COURT 500.00 MANAGERIAL JPMORGAN CHASE BANK MEETING EXPENSE 14.29 JPMORGAN CHASE BANK MEETING EXPENSE 78.95 JPMORGAN CHASE BANK MEETING EXPENSE 37.44 TREASURER PETTY CASH PASTOR MEETING EXPENSE 11.20 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 8.99 CITY GARAGE LABOR /OVERHEAD - DEC, 201 41.66 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 81.19 JPMORGAN CHASE BANK MEETING EXPENSE 23.69 JPMORGAN CHASE BANK MEETING EXPENSE 46.38 JPMORGAN CHASE BANK MEETING EXPENSE 28.15 JPMORGAN CHASE BANK MEETING EXPENSE 61.93 JPMORGAN CHASE BANK MEETING EXPENSE 29.09 JPMORGAN CHASE BANK COMMUNITY RELATIONS 67.24 JPMORGAN CHASE BANK EMPLOYEE RELATIONS 70.47 CITY GARAGE VEH & TRUCK PARTS - DEC, 295.00 TOTAL MANAGERIAL 895.67 FINANCE FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 25.15 CITY GARAGE LABOR /OVERHEAD - DEC, 201 33.33 JPMORGAN CHASE BANK OFFICE EVERYTHG- SUPPLIES 117.15 TOTAL FINANCE 175.63 HUMAN RESOURCES AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS FOR NEW 327.45 TERI AULPH CONSULTING, LLC TRAINING AND DEVELOPMENT 500.00 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 12.39 JPMORGAN CHASE BANK CHARACTER INITIATIVE 39.80 TOTAL HUMAN RESOURCES 879.64 HR - CHARACTER INITIATIVE JPMORGAN CHASE BANK ICHARACTER INITIATIVE 13.76 TOTAL HR - CHARACTER INITIATIVE 13.76 GENERAL GOVERNMENT INCOG LEGISTLATIVE CONSORTIUM 1,063.00 TULSA COFFEE SERVICE INC COFFEE SERVICE 113.74 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 65.88 TULSA COUNTY CLERK FILING FEES 30.00 XEROX CORPORATION COPIER SERVICE 748.15 Page 1 Claims List 1/15/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL GOVERNMENT... JPMORGAN CHASE BANK AMERICAN WASTE- REFUSE 140.87 COMMUNITY PUBLISHERS INC PUBLISH NOTICES 20.00 HEARTLAND CONSULTING, INC CONSULTING SERVICES FY13 10,500.00 TOTAL GENERAL GOVERNMENT 12,681.64 COMMUNITY DEVELOPMENT TULSA COUNTY INFORMATION TECH DEPT TULSA COUNTY LAND RECORDS 30.00 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 93.22 CITY GARAGE LABOR /OVERHEAD - DEC, 201 150.00 VERIZON WIRELESS WIRELESS CONNECTION 38.01 INCOG 3RD QTR DUES 5,018.25 TOTAL COMMUNITY DEVELOPMENT 5,329.48 ENGINEERING TREASURER PETTY CASH TRAVEL EXPENSE /DEARING 363.00 VERIZON WIRELESS WIRELESS CONNECTION 76.02 CITY GARAGE LABOR /OVERHEAD - DEC, 201 191.66 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 258.91 CITY GARAGE VEH & TRUCK PARTS - DEC, 273.04 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED DEC, 2 126.05 UNIFIRST HOLDINGS LP UNIFORM RENTAL 23.62 UNIFIRST HOLDINGS LP UNIFORM RENTAL 23.62 UNITED STATES CELLULAR CORPORATION CELL BILL 59.59 TOTAL ENGINEERING 1,395.51 INFORMATION TECHNOLOGY CITY GARAGE LABOR /OVERHEAD - DEC, 201 66.66 VERIZON WIRELESS WIRELESS CONNECTION 76.02 TOTAL INFORMATION TECHNOLOGY 142.68 SUPPORT SERVICES VERIZON WIRELESS WIRELESS CONNECTION 38.01 JPMORGAN CHASE BANK LIBERTY FLAGS -FLAGS 112.00 CITY GARAGE LABOR /OVERHEAD - DEC, 201 166.66 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 285.29 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 429.97 OKLAHOMA DEPT OF CORRECTIONS TULSA DOC WORKER PROGRAM - DEC 990.00 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED DEC, 2 105.28 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.92 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.92 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.92 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.92 CITY GARAGE VEH & TRUCK PARTS - DEC, 29.81 CITY GARAGE VEH & TRUCK PARTS - DEC, 18.78 JPMORGAN CHASE BANK LOWES -OC STORAGE RACKS 18.30 JPMORGAN CHASE BANK LOWES- STORAGE RACKS 17.29 JPMORGAN CHASE BANK SCHINDLER- ELEVATOR MAINT 880.23 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 21.47 Page 2 Claims List 1/15/2013 Budget Unit Title Vendor Name I Payable Description IPayment Amouni SUPPORT SERVICES... JJPMORGAN CHASE BANK INEIGHBOR NEWS- ADVERTISING 45.90 TOTAL SUPPORT SERVICES 3,234.67 CEMETERY IVERDIGRIS VALLEY ELECTRIC COOP ICEMETERY ELECTRIC 37.73 TOTAL CEMETERY 37.73 POLICE SERVICES JPMORGAN CHASE BANK DELL - CARTRIDGE 105.44 VERIZON WIRELESS WIRELESS CONNECTION 538.82 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORMS 639.95 JPMORGAN CHASE BANK OWASSO FITNESS -GYM USE 75.00 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 8,487.94 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 22.99 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 35.94 CITY GARAGE LABOR /OVERHEAD - DEC, 201 4,833.33 CITY GARAGE VEH & TRUCK PARTS - DEC, 3,114.32 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED DEC, 2 208.52 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORMS 358.95 JPMORGAN CHASE BANK ULTRAMAX- SUPPLIES 399.00 TOTAL POLICE SERVICES 18,820.20 POLICE COMMUNICATIONS JPMORGAN CHASE BANK SOUTHERN RUBBER -STAMP 27.00 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 45.56 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 13.58 TOTAL POLICE COMMUNICATIONS 86.14 ANIMAL CONTROL WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 17.36 CITY GARAGE LABOR /OVERHEAD - DEC, 201 166.66 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 113.46 JPMORGAN CHASE BANK MEDVET- SUPPLIES 87.85 JPMORGAN CHASE BANK COMPANIONS - CREMATIONS 510.00 VERIZON WIRELESS WIRELESS CONNECTION 76.02 JPMORGAN CHASE BANK MEDVET- SUPPLIES 9.84 TOTAL ANIMAL CONTROL 981.19 FIRE SERVICES JPMORGAN CHASE BANK P & K EQUIP -SAW BLADES 47.98 VERIZON WIRELESS WIRELESS CONNECTION 152.06 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 2,661.09 CITY GARAGE LABOR /OVERHEAD - DEC, 201 1,166.66 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED DEC, 2 338.55 CITY GARAGE VEH & TRUCK PARTS - DEC, 18.78 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 248.88 JPMORGAN CHASE BANK LOCKE SUPPLY -SINK REPAIRS 22.24 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 54.56 Page 3 Claims List 1/15/2013 Budget Unit Title Vendor Name Payable Description IPayment Amouni TOTAL FIRE SERVICES 4,710.80 EMERGENCY PREPAREDNES VERIZON WIRELESS WIRELESS CONNECTION 38.01 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL -STORM SIREN 20.45 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL -STORM SIREN 21.78 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL -STORM SIREN 21.36 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 14.04 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 4.74 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 15.90 TOTAL EMERGENCY PREPAREDNESS 136.28 STREETS AMERICAN ELECTRIC POWER MAIN STREET LIGHTING 1,000.00 AMERICAN ELECTRIC POWER SILVER CREEK LIGHTING 513.00 JPMORGAN CHASE BANK OWASSO ALL - BATTERIES 12.50 CITY GARAGE LABOR /OVERHEAD - DEC, 201 1,166.66 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 1,326.14 CITY GARAGE VEH & TRUCK PARTS - DEC, 33.85 JPMORGAN CHASE BANK STD SUPPLY - STARTER ROPE 1.25 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED DEC, 2 109.72 JPMORGAN CHASE BANK LOWES- UTILITY KNIFE 8.96 UNIFIRST HOLDINGS LP UNIFORM RENTAL 40.82 UNIFIRST HOLDINGS LP UNIFORM RENTAL 38.87 AEP /PSO STREET LIGHTS 4,738.78 TRAFFIC & LIGHTING SYSTEMS, LLC DRILLING PEERS - MAIN ST 570.00 JPMORGAN CHASE BANK OWASSO FENCE - POLES /CAPS 462.20 TOTAL STREETS 10,022.75 STORMWATER JPMORGAN CHASE BANK ATWOODS -TRASH BAGS 31.96 UNIFIRST HOLDINGS LP UNIFORM RENTAL 31.11 UNIFIRST HOLDINGS LP UNIFORM RENTAL 31.11 VERIZON WIRELESS WIRELESS CONNECTION 38.01 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED DEC, 2 97.81 JPMORGAN CHASE BANK LOWES - POLYCORD 2.88 CITY GARAGE VEH & TRUCK PARTS - DEC, 1,289.95 TWIN CITIES READY MIX, INC CONCRETE 225.00 CITY GARAGE LABOR /OVERHEAD - DEC, 201 1,166.66 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 539.41 TOTAL STORMWATER 3,453.90 PARKS FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 1,403.24 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 9.48 TREASURER PETTY CASH MILEAGE REIMB /LANGFORD 106.56 CITY GARAGE LABOR /OVERHEAD - DEC, 201 333.33 CITY GARAGE VEH & TRUCK PARTS - DEC, 106.54 Page 4 Claims List 1/15/2013 Budget Unit Title Vendor Name Payable Description Payment Amounl PARKS... VERIZON WIRELESS WIRELESS CONNECTION 38.01 AEP /PSO ELECTRIC USE 62.60 TOTAL PARKS 2,059.76 COMMUNITY CENTER JPMORGAN CHASE BANK DOLLAR GENERAL - SUPPLIES 23.00 JPMORGAN CHASE BANK TUCKER JANT'L- SUPPLIES 330.45 JPMORGAN CHASE BANK TUCKER JANT'L- SUPPLIES 142.95 JPMORGAN CHASE BANK OFFICE EVERYTHG- SUPPLIES 208.99 JPMORGAN CHASE BANK OFFICE EVERYTHG- CARTRIDGE 208.99 CITY GARAGE VEH & TRUCK PARTS - DEC, 21.03 CITY GARAGE LABOR /OVERHEAD - DEC, 201 50.00 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 196.62 TOTAL COMMUNITY CENTER 1,182.03 ECONOMIC DEV FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 45.57 JPMORGAN CHASE BANK WALL ST- SUBSCRIPTION 122.50 JPMORGAN CHASE BANK OEDA MEETING EXPENSE 10.77 CITY GARAGE LABOR /OVERHEAD - DEC, 201 50.00 VERIZON WIRELESS WIRELESS CONNECTION 38.01 TOTAL ECONOMIC DEV 266.85 FUND GRAND TOTAL 67,271.3 AMBULANCE SERVICE VERNON J PAUL JR AMBULANCE REFUND 80.94 SARA BAYLESS AMBULANCE REFUND 40.00 PEGGY FAGG AMBULANCE REFUND 97.81 ROBERT BYERS AMBULANCE REFUND 40.00 KELLY JACKSON AMBULANCE REFUND 25.00 SHARON LOOPER AMBULANCE REFUND 10.00 DEMETRA ELLIS AMBULANCE REFUND 50.00 RICK MCKNIGHT AMBULANCE REFUND 50.00 LAVON CONLEY AMBULANCE REFUND 78.97 DUDLEY HORNBACK AMBULANCE REFUND 15.52 RUSSELL VOGEL AMBULANCE REFUND 50.00 UNITED HEALTHCARE SERVICES INC AMBULANCE REFUND 625.20 WPS TRICARE FOR LIFE AMBULANCE REFUND 366.00 LAURA MCCOOL AMBULANCE REFUND 20.00 MEDICARE AMBULANCE REFUND 270.34 BCBS OF OKLAHOMA AMBULANCE REFUND 67.59 BETTY SECRIST AMBULANCE REFUND 80.44 RODEN DALE AMBULANCE REFUND 245.28 KATONVA SAMUELS AMBULANCE REFUND 10.00 Page 5 Claims List 1/15/2013 Budget Unit Title I Vendor Name Payable Description jPayment Amouni TOTAL AMBULANCE SERVICE 2,223.09 AMBULANCE CITY GARAGE LABOR /OVERHEAD - DEC, 201 1,250.00 CITY GARAGE VEH & TRUCK PARTS - DEC, 90.52 VERIZON WIRELESS WIRELESS CONNECTION 152.04 JPMORGAN CHASE BANK ZOLL - AUTOPULSE BATTERIES 2,368.75 FLEETCOR TECHNOLOGIES FUELMAN - DEC, 2012 2,080.66 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 7.38 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 145.64 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 2,300.91 TOTAL AMBULANCE 8,395.90 FUND GRAND TOTAL 10,618.9 E911 COMMUNICATIONS JPMORGAN CHASE BANK TOTAL RADIO - MAINTENANCE 285.00 TOTAL E911 COMMUNICATIONS 285.00 FUND GRAND TOTAL 285.0 HOTEL TAX - ECON DEV RETAIL ATTRACTIONS, LLC RETAIL DEVELOPMENT CONTRA 4,000.00 TULSA'S FUTURE, INC. TULSA'S FUTURE II INVESTM 15,000.00 TOTAL HOTEL TAX - ECON DEV 19,000.00 FUND GRAND TOTAL 19,000.0 STORMWATER - STORMWATI MESHEK & ASSOCIATES, P.L.C. JENIGINEERING SERVICES 2,397.50 TOTAL STORMWATER - STORMWATER 2,397.50 FUND GRAND TOTAL 2,397.5 CI - POLICE BLDG MATRIX ARCHITECTS, ENGINEERS, IROOF INSPECTION REPORT 1,173.70 TOTAL CI -POLICE BLDG 1,173.70 FUND GRAND TOTAL 1,173.7 CITY GARAGE JPMORGAN CHASE BANK BOB MOORE -CAR REPAIRS 117.00 JPMORGAN CHASE BANK AMER AUTO TRIM - UPHOLSTER 295.00 JPMORGAN CHASE BANK BUMPER TO BUMPER - BLADES 15.96 JPMORGAN CHASE BANK BUMPER TO BUMPER - BLADES 39.90 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 334.53 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 71.35 Page 6 Claims List 1/15/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni CITY GARAGE... JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 47.27 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 92.46 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 80.31 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 54.50 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 30.28 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 30.28 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 54.14 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 30.28 JPMORGAN CHASE BANK LENOX- TOWING 165.00 TOTAL CITY GARAGE 1,458.26 FUND GRAND TOTAL 1,458.2 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 323.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 323.00 TOTAL WORKERS' COMP SELF -INS 935.00 WORKERS' COMP SELF -INS I CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 2,675.83 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 716.00 TOTAL WORKERS' COMP SELF -INS 3,391.83 FUND GRAND TOTAL 4,326.8 CITY GRAND TOTAL $106,531.65 Page 7 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 1/15/13 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL VSP DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VISION MEDICAL SERVICES ADMIN FEES VISION DEPT TOTAL AMOUNT 41,988.56 33,668.92 2,081.96 51,337.80 16,252.34 23, 311.08 168,640.66 1,667.90 3,027.60 2,111.00 6,806.50 1,315.96 1,298.94 2,614.90 HEALTHCARE SELF INSURANCE FUND TOTAL 178,062.06 CITY OF OWASSO GENERALFUND FISCAL YEAR 2012 -2013 Statement of Revenues & Expenditures As of December 31, 2012 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTALREVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay TOTAL EXPENDITURES REVENUES OVER EXPENDITURES TRANSFERS IN (OUT): Transfers in Transfers out TOTALTRANSFERS NET CHANGE IN FUND BALANCE FUND BALANCE (GAAP Basis) Beginning Balance Ending Balance FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance MONTH YEAR TO -DATE TO -DATE BUDGET $ 1,700,558 $ 10,071,713 $ 20,837,000 28,388 99,367 219,100 53,113 759,678 2,004,114 34,170 219,506 498,300 51,752 275,103 820,300 6,133 110,404 89,400 1,874,115 11,535,773 24,468,214 1,129,743 6,610,034 13,829,630 45,750 329,520 748,764 88,754 845,736 1,714,029 5,608 462,320 1,387,895 1,269,855 8,247,609 17,680,318 604,259 3,288,164 6,787,896 1,105,141 6,020,950 12,336,000 (1,655,740) (9,335,451) (19,375,000) (550,599) (3,314,501) (7,039,000) 53,660 (26,337) (251,104) 3,711,784 $ 3,685,447 2,028,564 2,028,564 $ 2,002,227 $ 1,777,460 PERCENT 48.34% 45.35% 37.91% 44.05% 33.54% 123.49% 47.15% 47.80% 44.01% 49.34% 33.31% 46.65% 48.44% 48.81% Oe T a 0 City Witt Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Patrick Shoopman Civil Engineer SUBJECT: Acceptance of Urban Engineering Agreement DATE: January 11, 2013 BACKGROUND: On May 17, 2005, the Engineering Design Criteria, Construction Standards and Standard Details for any and all developments, projects, and infrastructure improvements within the City of Owasso were adopted by the City Council. Documents required as a result of that adoption include two different agreements, one which must be submitted by the developer and one which must be submitted by the developer's engineer. The agreements are as follows: ENGINEER AGREEMENT: The agreement required to be submitted by the developer's engineer is titled "Agreement for Urban Engineering Services" (Section 01 14.1(B)). This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design criteria), pay all fees associated with the plan review, attest that he /she is a Registered Professional Engineer in the State of Oklahoma, and attest that he /she maintains Professional Liability Insurance in limits directly correlated to the cost of the project specified in the attached agreement. The liability insurance to project cost ratio schedule is as follows: Project Cost Less than $500,000 $500,000 - $1,000,000 Greater than $1,000,000 DEVELOPER AGREEMENT: Professional Liability Insurance $250,000 $500,000 $1,000,000 The agreement required to be submitted by the developer is titled "Agreement Guaranteeing Installation of Improvements" (Section 01 14.1(C)). This agreement requires the developer to submit engineering drawings for the proposed improvements, provide oversight of his /her construction contractor to assure compliance with the approved plans, and submit "as- built" drawings upon completion of the construction of improvements. The Mayor's signature is required on the "Agreement for Urban Engineering Services" (Engineer Agreement), and therefore Council approval is needed. RECOMMENDATION: Staff recommends Council authorization for the Mayor to execute the following "Agreement for Urban Engineering Services" (Engineers Agreement): 1. John B. Bean, Site Development, Lot 6, Block 1, Owasso Medical Park ATTACHMENTS: A. "Agreement for Urban Engineering Services" AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and ,john B Bean, Oklahoma PE 1 9302 hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project", upon easements and rights -of- -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval.) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions, NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements General site development plan for a dental office building to be constructed on an existing platted lot (Lot 6, Block 1, Owasso Medical Park). There are no "Public Improvements" Associated with this development. The existing roadway is a private drive, The only public improvements will be the connection of sanitary sewer and the connection to potable water (Washington County RWD 3 service territory.) Work will include site grading and will incorporate BMP's during construction and the installation of permanQnt arocion control tyaget2five rnvPr) upon rnmpletinn which shall be located on the following described tract of land: 12810 East 101 st Place North, Owasso, Oklahoma 74055 Lot 6, Block 1, Owasso Medical Park Addition to the City of Owasso, Tulsa Co, OK 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design. Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (anal approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPi plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved.. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein, 7. The Design Engineer further covenants and agrees to comply with Section I, Section H and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below, Executed by the City of Owasso, Oldahoma, on the day of , 20 Executed by the Design Engineer on the day of CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Cleric APPROVED AS TO FORM: City Attorney APPROVED; Public Works Director DESIGN ENGINEER Design Engineer BY Professional Engineer Title ATTEST: Secretary 20 Oe T City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Earl Farris Project Administrator SUBJECT: FY 2012 -2013 Street Rehabilitation Project Change Order #I DATE: January 1], 2013 BACKGROUND: As part of the FY 2012 -2013 Street Rehabilitation Project, significant repairs and modifications are to be made on Cedar Street between 8th Street and 86th Street North. Those modifications include base repair, curb and gutter replacement, asphalt edge milling, and asphalt overlay. Upon starting work in this particular area, staff discovered that multiple layers of asphalt in variations of thickness have been placed over the years in an effort to maintain the drivable surface. These applications have resulted in substantial elevation differences between the crown of the road and back of curb elevations that impair proper drainage. This problem required staff to work with the contractor to devise a plan in which the goal of new roadway surfaces can be reached while allowing for proper drainage. Not milling the existing asphalt on this road segment and raising the curb and gutter 2" will accomplish this. The elimination of milling in only this area of the project will reduce the milling cost by approximately $14,000. An asphalt overlay will still be applied on the entire roadway after base repair and curb and gutter installation. Raising the curb and gutter 2" will require additional top soil, sod, and sidewalk adjustments and water meter can raisings along the east side of Cedar. These items were not bid items in the approved contract. Staff has requested and received quotes from Tri -Star for these additional items and has researched and found that the pricing is in line with current industry fees. The proposed change order is for adding to the scope of work with the addition of sidewalk installation, meter can adjustment, sandy loam soil, and sod as pay items. Staff is confident that there will not be an increase in overall contract price due to the available funds within the project allowance and the savings resulting from the elimination of the edge milling in this area. FUNDING: Funding for the FY 2012 -2013 Street Repair Project is included in the FY 2012 -2013 Capital Improvements fund. RECOMMENDATION: Staff recommends approval of Change Order #1 amending the contract pay items to include sidewalk installation, top soil, sod, and water meter can adjustment with no change to the total contract amount of $977,194.10 ATTACHMENT: A. Proposed Change Order Prepared by Public Works The City Wit out Limits. ...removing obstacles standing in the way of people celebrating their lives. January 4, 2013 To: Tri Star Construction Re: Authorization to Perform Work on Cedar Change Order #1 The City of Owasso hereby authorizes Tri Star Construction to perform necessary work on Cedar Street at the cost given below. Work will be directed by the City of Owasso Engineering Division. • Sandy Loam Topsoil (Placed)- $50.00 /C.Y. • Remove and Replace 4" PCC Concrete w/ 3" Bedding- $35.00 per L.F. • Sod- $3 /S.Y. • Raise Meter Can (Labor Only)(Can either re -used or provided by City)- $200 /Each CONTRACTOR ADDRESS L__M DATE RUC. b aWty W 4 fv, 7 4 Public Works Department 301 West 2 n Avenue P.O. Box 180 Owasso, Oklahoma 74055 City of Owasso A City of Character City of Owasso OWNER 111 N Main ADDRESS Owasso Ok 74055 DATE (918) 272 -4959 FAX (918) 272 -4996 www.cityofowasso.com OCity Wit out Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson, City Planner SUBJECT: Final Plat - Encore at Elm Creek I DATE: Januaryl 1, 2013 BACKGROUND: The City of Owasso received a final plat for review and approval for a portion of the Encore at Elm Creek development. This portion of the project was called out for commercial land use in PUD -09 -01 that was approved by Ordinance No. 962 in January 2010. The subject property is 4.01 acres in size and is comprised of one (1) lot on one (1) block. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North PUD -09 -01 Undeveloped Transitional City of Owasso South Commercial Undeveloped Commercial City of Sho in CS Owasso East Agriculture Undeveloped Commercial Rogers AG Count West AgriAcuullture Undeveloped Commercial Tulsa County ANALYSIS: The final plat for the Encore at Elm Creek I development consists of one (1) lot on one (1) block on approximately 4.01 acres. The applicant is platting the property for the purpose of developing a commercial area. The subject property is located at the northwest corner of E 1 16th St N and N 145th E Ave. Platting this development vests PUD -09 -01 and the project could develop with the commercial and multi - family areas per the approved PUD. Once the multi - family area to the north of the commercial area is platted, development can occur on that portion of the property. Perimeter and interior utility easements will provide utility companies adequate access to provide and maintain service to the proposed development. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including, but not limited to, paved streets, landscaping, and sidewalks. The City of Owasso will provide sanitary sewer service. Water will be provided by Washington County Rural Water District #3. The property will likely be subject to the Elm Creek sewer payback depending on the applicant's choice of sewer alignment. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the Final plat for the Encore at Elm Creek I at their regularly scheduled meeting on December 26, 2012. The applicant has addressed all TAC comments. PLANNING COMMISSION: The Owasso Planning Commission reviewed this item at their regular meeting on January 7, 2013 and voted unanimously to recommend approval to the City Council subject to the following: Designate limits of no access (LNA) on the plat at the following locations: From the northern boundary to a point 20 feet south along North 145th East Avenue From the southern boundary to a point 150 feet north along North 145th East Avenue From the western boundary to a point 100' east along East 1 16th Street North (SH- 20) RECOMMENDATION: Staff recommends City Council approval of the final plat for the Encore at Elm Creek I. ATTACHMENTS: A. Area Map B. Aerial Map C. Encore at Elm Creek I Final Plat D. Conceptual Site Plan Encore at Elm Greek I 1" = 376 ft Final Plat This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up -to -date information. Encore at Elm Creek 1 " 752 ft Sub Title 01/07/2013 ' This map represents a visual display of related geographic information. 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AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA. PUD N0. 09 -01 UNDENLYINO 20MNM CM SURVEYOR: EN1'INEER. OWNEWOEVELOPFR: 3ENCHA1ARK SURVEYING. INC. KELLOGG ENGINEERINC, INC. THIESSEN NORTH INVESTMENT P.O. BOX 1073 6735 South 4080 Rw GNOUP LLC OWOSS4 ONahems 74050 Ta 4 pIN10ms 71000 121M E 96th SL N.. Salts 2D2 613 x74 -FO81 813)) 275 -4060 Owq.w. QNlehan4 74055 Cxt sftAU�aNtelXn Ns. 2235 Osft. of AuIhKYGtbn N4 2738 tol8) 212 -5282 RM.NN pal.: Am. 30, 2014 Rm..,( DOW Jun. 30. 2013 vmx �rAwp1 LG�, xxlxa« BEARHe eNe sr,rz nvE asD KMwas � Aooxsu w'wmlawMonuwstsrite sus'u-r ro aAV`Ex A�.NE 1 slrowo teLwi N lum w x Sues a M aqk. efxRPntx. X1 caxus ME xoAUUVrRB WM 3/07 Yw( rxs xo IZA rLarorwN IKEDIT m Mcaoxe DEYnaeMNr. soA'sirp wo'isriMMOS Na .ancaaa I ' 1 . I Tsy'����Y I W�DOe" tom. Moy.�6• T I VI ass» J i 1 1 T T li j II I T 4 21 N IE E,.1aY R I _ I aMITAiNKa. /3 1 1 6�' n w0 RI �. . 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I CERTIFICATE OF SURVEY i X[YUl IYgsmWn LMa SgWTaT x ,K SGm a eGM «A IONIY aO1ttr aA, i Yrwvuty .MU MMAAr fw,[inILY�LYprA'10 xa M iMa meF>tlRA E A.- m"9iaA'"iwrti s,.R's00 a°1°:iaA Is A n i' r'Y`aMra eo mn ml v sxo �SqY /IH1 AfYSAEgiRNO iMtl fQkat rlCMYaySt6r.. _, QYilf Y. �B g HIWTNK Y CAI' y,�a YEMwAmnRW AXWMT rtNtNAro ,Yw SMCWXn AM SIA,E NYR[ RYw a.SA YY FRAM IM fC4 ra =1=1- x MOVE TNiiDt CERTIFICATE OF FINAL PUT APPROVAL I Inluv fO1EFY THAT Ax MT us MMOIm .Y M OAAnO OTT auN¢ « 013 PMT M 6EGONING YAYa - wE MATR 5E SE 4 SECTIAOM ON 4' , T- -N. R -11 -E RK AIPAwAL n YOO f THE AwY RRUnsE tl Mr BGEA>m N OR qn aEAR ENCORE AT ELM CREEK f DECEMBER 6, 2012 SHEET i of i North 145th E om Avenue _ err . �r — _ _ _ . w..f.: • ..®. Y _ _ f - — - -- r�r�� _ — - — - 4r Rr 4 QAjt _ � L' t WCSa1�0. ,>,•fn•aa'C �5l9J' �1 �o cYrdlR, irl tent � +� � t ' !+t L l ,..J� � L,...: t � J I �- r t-.._ 1 t a tom,,,,,) ,•1 1� iR4GW: :C7�aCK 1 t t i ;4't; tIr1 I V U J _ W HIGH t• - - 1 .' SCR E FENCE C=> PARKI GARAGE - GARAGE 'i CA PORT i �\ - � A t _awnscMONUMENT $c I�G5tN N( ` dAt OF [ PA KINK CC/ iV PARKING w r„ AtiEhI7 i CARPORTS/\ �' .L� _ /� � -. 1 .,n,f w1[ri.U/Y te5ruba II — PARKING -,DEVELOPMENT AREA A (#ATE R v f = ~�' W PARKING" — / _ RM 201JING ` �� [ � ; + �gp.� � vs x +! �; CARPORT PAR CARPORT KING PARKING m ! w caS,t ixu :fe tt nwar, R 411 � l / {��ti..J � -... � /, l�, •' n `` 1' t R / �i' ij i f`It ?. tINI 1 /' G RAtiE I q I t CARPORT f. PARKING "zt PARKING Y,i GARAGE 4 / GARAGE PARKING i tie Y '� PARKING �' Zt �� _ t u! f -°-s F — ("1`? r �.! Il�:i yt�(Ct kynl i+sx +air. ,J I ial +siGZV n+vio,= CARPORT CARPORT i CARPORT CARPORT PARKING PARKING PARKING PARKINQ CONCEPTUAL SITE PLAN IGb �a o tn� 1 GRAPHIC SCALE i i goOeT City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Owasso Youth Football User Agreement DATE: January 11, 2013 BACKGROUND: In 2010, the Quality of Life Initiative led to discussions about funding a build -out of the Sports Park or providing other youth sports venue improvements. Those discussions led to questions concerning the stewardship and care of existing youth sports fields and facilities, as well as the type of care that could be anticipated for future investments. In December 2010, the City Council approved a user agreement for the operation of a youth baseball program utilizing city owned facilities. At that time, it was publicly discussed that staff intended to seek user agreements for all youth sports. In summary, City staff believes that bringing all sports facility user groups under a contractual agreement will allow the City to: 1) Enter into more structured agreements with sports facilities user group organizations 2) Achieve financial transparency in the operation of the City's sports venues 3) Achieve better fiduciary responsibility to the City's constituent taxpayers COMMENT: The Future Owasso Rams (FOR) Football Program has utilized the City of Owasso Sports Park west fields as a practice venue for many years. The past agreement with FOR and the City has simply been a verbal understanding with no official written agreement. In June 2012, staff began discussions with FOR football officials to develop written standards and requirements. Staff negotiated with FOR to establish guidelines to increase accountability on the part of the user groups regarding the maintenance and improvement of fields and transparency in the disclosure of financial information. Discussions between City Staff and FOR football officials revealed the need for additional football game and practice fields due to the growth of the program. The City has had a good working relationship with the FOR Football Program and it is the staff's opinion that affording the opportunity for them to manage additional City owned fields will provide consistency and continuity of administration and management. Both parties agreed that the utilization of McCarty Park as a football venue would not only allow increased participation but would afford needed development to an under utilized area. FOR agreed to relinquish the Sports Park west fields for additional soccer fields and move all football operations to McCarty Park. PROPOSED USER AGREEMENT: The proposed user agreement between the City of Owasso and the Future Owasso Rams Football Program includes specific requirements intended to define a clear understanding of the responsibilities of the user group. More importantly, it will create assurance to the taxpayers that their investment in youth football fields will be reciprocated by the user group's commitment. The guidelines will assure mutually approved significant investments toward field maintenance and improvements to the venue while adhering to plans for future development. The proposed agreement has been reviewed by the Future Owasso Rams Football Officials and City representatives. The agreement requires the FOR to create and supply to the City both short -term and long -term plans towards field maintenance and improvements. These submitted plans will be reviewed by City staff and accepted or revised considering overall master plan strategy for City of Owasso Sports Facilities. Bi- annual inspections will be conducted to ensure those plans are being followed and are on track. FOR will provide an annual financial report to the City detailing the organization's revenues, expenses, and disbursements. The agreement also outlines maintenance standards for the football fields and requires bi- annual inspections to ensure the fields and facilities are maintained to the required standards. A copy of the proposed agreement is attached for your review and consideration. RECOMMENDATION: Staff recommends authorization for the City Manager to execute an agreement with the Future Owasso Rams Football Program, for the purpose of managing the City of Owasso McCarty Park for football games and activities. ATTACHMENT: Proposed Youth Football User Agreement FUTURE OWASSO RAMS YOUTH FOOTBALL MANAGEMENT USER AGREEMENT The City of Owasso is dedicated to promoting and maintaining a high quality and enjoyable youth sports experience for players, parents, and coaches. Our mission is to insure that the fundamentals of the game are taught in a positive and safe environment with a strong focus on moral conduct, sportsmanship, and teamwork. To that end, all youth sports administrators, coaches, and volunteers should strive to build self - esteem and improve skills in young athletes with a goal of developing well rounded, conscientious citizens. The parties to this Agreement shall be the City of Owasso, Oklahoma, a municipal corporation, ( "the City ") and Future Owasso Rams ( "FOR "). 1. USER LICENSE: The City hereby grants a User License to FOR for the administration and management of football activities and for the use and maintenance of football facilities at McCarty Park located at 8200 N. 91 St. East Avenue, Owasso, Oklahoma. In consideration for such User License, FOR hereby agrees to the provisions of this Agreement. This Agreement may be terminated at any time by the City if FOR materially breaches the terms of this Agreement. 2. BOARD OF DIRECTORS: FOR will be governed by a volunteer Board of Directors focused on the oversight of the association. A. Board members shall not let their personal interests interfere with the decisions they make as directors. All officers and directors will sign an agreement that provides an "arms length" relationship with any vendor doing business with the organization. No officer or director shall be a vendor of products or services to the organization. B. Officers of the board must be nominated and elected for a two (2) year term. C. Officers of the board may only serve for one (1) term. D. Staggered election of 50% of the officers will take place annually. 3. PERSONNEL: FOR shall provide its own referees and other necessary personnel. 4. SCHEDULE: FOR shall submit a written schedule of the times and dates of all league games and practices to the City PRIOR to the beginning of the football season. Schedule changes shall be submitted to the City and placed on its website at least one (1) day before the scheduled game or practice. 5. WEBSITE: FOR shall create and maintain a website providing current information to the public. The website shall be updated as necessary throughout the year to contain accurate and timely information. A. Included will be Owasso youth football league information. B. FOR will showcase "Buy Owasso" on their website and all appropriate marketing materials as well as list things to do in Owasso. C. FOR agrees further to encourage its teams, and their families to utilize Owasso businesses by including a page with headings that list: 1. Restaurants 2. Local Businesses D. Website will include a list of vendors identifying business address. 6. USER LEASE FEE: FOR shall make improvements and invest a minimum of 5% of gross income in the football facilities in lieu of lease fees. Inspections of facilities and improvements will be conducted semi - annually with City Staff. Documentation verifying improvement investments will be submitted before June 30th and December 31St Detailed documentation should include type of improvement, improvement cost, and benefit of improvement. Documentation should also include receipts and/or invoices. Failure to timely remit documentation shall be a material breach of this Agreement and may result in termination of the Agreement by the City. 7. CONCESSION: FOR may provide concessions during football league season at McCarty Park. 8. PLAYER FEES: FOR shall not change its current player fees for the duration of this Agreement without 60 days notice and approval from the City. A current fee schedule will be submitted to the City upon execution of agreement. Scholarships shall be provided by FOR to players who meet that organization's criteria for financial hardship and need. FOR shall annually provide to the City a list of all league player fees as well as the number of scholarships awarded by FOR for that year. 9. ANNUAL FINANCIAL REPORTS: FOR will be a non - profit organization and comply with all IRS reports and forms applicable to their organization. FOR shall provide an annual financial report or third party audit to the City detailing the organization's revenues, expenses and disbursements for that year. In addition, FOR agrees to provide other financial documents as requested by the City's Finance Department staff. All financial documents, records, and detailed accounts of financial operations shall be open to the City's Finance Department for review and/or audit with reasonable notice given that such review or audit will occur. Failure by FOR to provide annual financial reports in compliance with the provisions within this section shall constitute a material breach of the contract and may result in termination of the Agreement. 10. TERM: This Agreement shall become effective on the day of , 20 for a period of two (2) years. 11. GENERAL MAINTENANCE: FOR shall be responsible for all routine maintenance and repairs of football fields, bleachers, concession areas and any other facilities utilized during the football season at the designated football fields at McCarty Park with no charge to the City. FOR shall also be responsible for the general clean-up and collection of trash and debris in and around all football fields at the end of the last game each day and parking lots before the beginning of the first game on the following day. 12. MAINTENANCE STANDARDS: FOR agrees to maintain the high quality of playing surfaces on all football fields at McCarty Park in good working order sufficient to ensure safety of the players, spectators, coaches, managers and all other officials and personnel at all times. A. Each football field, as often as is needed, will have dirt added, will be sprayed for weeds, will be aerated and fertilized, will have dirt lips and buildups removed, and will be mowed and swept. B. The following conditions must be maintained for the duration of this contract in the following areas: 1. Establish and maintain complete turf coverage within the playing field. 2. Playing surfaces will be kept uniform and level to allow for proper drainage and player safety. All soil areas will be maintained with a quality soil. Regular field maintenance will be performed in such a way to avoid lip or ridge formation resulting from loose dirt being dragged or pushed into grass areas. 3. FOR will mow all football fields and grass areas inside of the football complex and surrounding area. Mowing heights will be maintained between 3/4 inches and 2 1/2 inches depending on season and variety of grass. 4. Edging should be performed on a regular basis as needed to provide consistent edges and lines. 5. Fences will be kept free of any thatch that might impede drainage. 6. FOR agrees to provide a long term maintenance program to the City for approval. 13. INSPECTION: All football facilities will be in working order on the date this contract becomes effective and will be inspected by both the City and FOR before this Agreement shall be executed. The City retains the right to enter upon the football fields and facilities at any time for inspection, maintenance, repairs or any other purpose related to this Agreement. The City will have the football fields and facilities inspected semi - annually for the duration of this contract year by an inspector possessing the requisite abilities, experience and technology to determine whether or not the football fields and facilities are being maintained by FOR in compliance with the specified maintenance standards. A written report detailing the results of each inspection shall be provided to the City and FOR by the person performing the inspection. In the event any football fields or facilities are not in compliance with the maintenance standards specified by this Agreement, the City shall provide an additional written Notice of Noncompliance to FOR within five (5) business days from the date the inspection report is received by the City. The Notice of Noncompliance will state the specific nature and extent of each area of noncompliance and shall require FOR to remedy the violation and become compliant in each area within a reasonable period of time to be negotiated with FOR but ultimately decided by the City. Failure to do so shall be a material breach of this Agreement and may result in termination of the Agreement by the City. 14. IMPROVEMENTS OR EMERGENCY REPAIRS: The football fields and facilities at McCarty Park shall at all times remain the property of the City and no improvements or structures may be built upon the fields or facilities without written permission from the City. The City shall be responsible for all major repairs necessary at McCarty Park including, but not limited to, rest rooms, plumbing, parking lots, and general electrical issues. 15. RESTROOMS: The restroom facility will be considered the football restrooms. FOR may rekey locks to restroom's breezeway, which contains the supplies, and if so shall provide a key to the City for its use. Keys to the restroom's breezeway shall not be provided to other parties without the approval of FOR and City. FOR will provide ample restroom supplies for the football restrooms at McCarty Park. FOR will stock and clean the football facility restrooms prior to each football game. If the restrooms are utilized by another party, that party will be responsible for cleaning and restocking the restroom supplies. 16. INSURANCE: FOR shall maintain general liability insurance covering the premises and activities of the football facilities and program at McCarty Park in an amount not less than Two Million Dollars ($2,000,000) and shall name the City as a co- insured. A copy of the policy shall be provided to the City Manager of the City of Owasso at the time this Agreement is executed. FOR shall maintain the required insurance with an insurer carrying a Best's "A" or equivalent rating that is licensed and admitted to write and issue insurance policies in the State of Oklahoma. 17. INDEMNIFICATION: As partial consideration for this Agreement, FOR agrees to indemnify, defend (at the City's option), and hold harmless the City, its employees, officials, agents, representatives and volunteers from and against any and all liabilities, damages, injuries (including death), property damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings, reasonable attorney's fees, and actual damages of any kind or nature, arising out of or in connection with any aspect of the acts, omissions, negligence or misconduct of FOR, its competitors, invitees, licensees, members, volunteers, representatives, employees, agents, officers, contractors or subcontractors, including but not limited to permitted uses of the fields and facilities, any injury or damage that occurs on or about the fields or facilities relating to football activities, or FOR's performance or failure to perform the terms and conditions of this Agreement. FOR shall promptly notify the City of any serious injuries occurring on the fields or facilities and of any claim asserted by any individual. 18. LAWS: This Agreement shall be governed by the laws of the State of Oklahoma. Exclusive jurisdiction and venue for any action relating to this Agreement shall be solely in the District Court of Tulsa County, Oklahoma. 19. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all proposals, oral or written, or other communications between the parties with respect to the subject matter of this Agreement. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions herein, and the provisions of this Agreement are intended to be and shall be deemed severable. 20. MODIFICATIONS: This agreement shall be implemented and enforced as written and may be amended only by written agreement between both parties, with final approval by the Owasso City Council. IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date set forth below. Executed the day of , 20 CITY OF OWASSO: Doug Bonebrake, Mayor Attest: Sherry Bishop City Clerk Approved as to Form: Julie Lombardi City Attorney and General Counsel FUTURE OWASSO RAMS FOOTBALL ASSOCIATION: 0 d Oe- T City Witt Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Owasso Youth Baseball User Agreement DATE: January 11, 2013 BACKGROUND: In 2010, the Quality of Life Initiative led to discussions about funding a build -out of the Sports Park or providing other youth sports venue improvements. Those discussions led to questions concerning the stewardship and care of existing youth sports fields and facilities, as well as the type of care that could be anticipated for future investments. Realizing that the City's youth sports user group agreements and contracts had either lapsed or lacked needed standards and requirements, staff began to seek ways to adjust current agreements in order to increase accountability on the part of the user groups regarding the maintenance and improvement of playing fields and transparency in the disclosure of financial information. City staff believes that bringing sports facility user groups under a contractual agreement allows the City to: 1) Enter into more structured agreements with sports facilities user group organizations 2) Achieve financial transparency in the operation of the City's sports venues 3) Achieve better fiduciary responsibility to the City's constituent taxpayers In December 2010, the City Council approved a user agreement with Champions Baseball Owasso for the operation of a youth baseball program utilizing city owned facilities. Since that time, Champions has administered the baseball program on fields #7 -12 at Owasso Sports Park North, field #13 at Owasso Sports Park South, and the baseball fields at McCarty Park. The agreement was for a two (2) year term to end December 31, 2012. REQUEST OF QUALIFICATIONS & SELECTION: On October 29, 2012, the City of Owasso invited qualified organizations to respond to a Request for Qualifications (RFQ) relating to the administration of youth baseball leagues and activities at the Owasso Sports Park and maintenance of all baseball facilities utilized. On November 8, 2012 a public notice was also published. On November 16, 2012, Staff received Qualifications from two (2) youth baseball organizations: • Champions Baseball Owasso • Future Owasso Rams (FOR) Staff reviewed both submittals and contacted both organizations' references and documented responses. To further the integrity of the process, a four (4) person panel of highly experienced youth sports administrators was assembled to review qualifications and advise staff on the recommendation. The youth baseball panel members were tasked with grading the proposals using the criteria identified in the RFQ: — Organizational Experience related in Sports Administration (30 points) — Organizational Experience related in Facility Maintenance (20 points) — Verifiable References of Sports Management (20 points) — Ability of Organization to Increase Participation and Develop Youth (10 points) Baseball Programs — Availability of Organization to Cooperate and Comply with Agreed (10 points) Responsibilities — Familiarity with City of Owasso Standards, Values, Principles of Operation (10 points) and Management Philosophy. Panel members met to discuss the qualifications submittals and then scored both organizations according to the criteria identified in the RFQ. Each panel member submitted a confidential ballot. All ballots were totaled to provide a basis for a staff recommendation. COMMENT: The initial 2010 agreement between Champions Baseball Owasso and the City of Owasso defined a clear understanding of the responsibilities of the selected user group and expectations of the City. Furthermore, it was designed to create a "forced savings account" that assured mutually approved significant investments toward field maintenance and improvements to the venue while adhering to plans for future development. Throughout the agreement, Champions Baseball Owasso has more than met their financial obligation to reinvest in the baseball facilities. The fields are in the best condition they have been in since they were actually built. The City has had a good working relationship with Champions Baseball Owasso. Due to the exemplary rapport between parties, stipulations in the agreement that created problematic complexities and redundant paperwork were able to be negotiated to satisfy the agreement without contradicting its terms. Staff believes that because Champions Baseball Owasso partnered with the City to address these challenges, a more manageable and relevant agreement was able to be crafted for future use. The City has used and will continue to use these experiences and findings to develop more workable user agreements with other organizations. Champions Baseball Owasso has a proven track record of organizing and operating baseball leagues and tournaments in Owasso. It is the staff's opinion that providing the opportunity for the Champions Baseball Owasso to manage City owned baseball fields will provide consistency in management and will allow the program to flourish. Staff believes, however, that an improved and revised agreement will lead to continued stable administration of the City's youth baseball program. PROPOSED USER AGREEMENT: The proposed youth baseball user agreement includes specific requirements intended to define a clear understanding of the responsibilities of the selected user group. More importantly, it will create assurance to the taxpayers that their investment in youth baseball fields will be reciprocated by the user group's commitment. The guidelines will assure mutually approved significant investments toward field maintenance and improvements to the venue while adhering to plans for future development. The agreement requires the selected youth baseball administrator to create and supply to the City both short -term and long -term plans towards field maintenance and improvements. These submitted plans will be reviewed by City staff and accepted or revised considering overall master plan strategy for City of Owasso Sports Facilities. Bi- annual inspections will be conducted to ensure those plans are being followed and are on track. The selected baseball administrator will provide an annual financial report to the City detailing the organization's revenues, expenses, and disbursements. The agreement also outlines maintenance standards for the baseball fields and requires bi- annual inspections to ensure the fields and facilities are maintained to the required standards. A copy of the proposed agreement is attached for your review and consideration. RECOMMENDATION: Based on staff and panel member review of the qualifications and panel member scoring of the submittals, staff recommends authorization for the City Manager to execute an agreement with Champions Baseball Owasso, for the purpose of managing the City of Owasso youth baseball program utilizing city owned facilities. ATTACHMENT: A. Proposed Youth Baseball User Agreement B. Champions Baseball Owasso / Owasso YMCA Collaboration Agreement CHAMPIONS BASEBALL OWASSO YOUTH BASEBALL MANAGEMENT USER AGREEMENT The City of Owasso is dedicated to promoting and maintaining a high quality and enjoyable youth sports experience for players, parents, and coaches. Our mission is to insure that the fundamentals of the game are taught in a positive and safe environment with a strong focus on moral conduct, sportsmanship, and teamwork. To that end, all youth sports administrators, coaches, and volunteers should strive to build self - esteem and improve skills in young athletes with a goal of developing well rounded, conscientious citizens. The parties to this Agreement shall be the City of Owasso, Oklahoma, a municipal corporation, ( "the City ") and Champions Baseball Owasso ( "CBO "). 1. USER LICENSE: The City hereby grants a User License to CBO for the administration and management of baseball activities and for the use and maintenance of baseball fields #7, #8, #9, #10, #11, #12, #13 facilities at the Owasso Sports Park located 10320 E 116th St N, Owasso, Oklahoma and baseball fields at McCarty Park located at 8200 N. 91 St. East Avenue, Owasso, Oklahoma. In consideration for such User License, CBO hereby agrees to the provisions of this Agreement. This Agreement may be terminated at any time by the City if CBO materially breaches the terms of this Agreement. 2. BOARD OF DIRECTORS: CBO will be governed by a volunteer Board of Directors focused on the oversight of the association. A. Board members shall not let their personal interests interfere with the decisions they make as directors. All officers and directors will sign an agreement that provides an "arms length" relationship with any vendor doing business with the organization. No officer or director shall be a vendor of products or services to the organization. B. Officers of the board must be nominated and elected for a two (2) year term. C. Officers of the board may only serve for one (1) term. D. Staggered election of 50% of the officers will take place annually. 3. PERSONNEL: CBO shall provide its own umpires and other necessary personnel. 4. SCHEDULE: CBO shall submit a written schedule of the times and dates of all league games and practices to the City PRIOR to the beginning of the baseball season. Schedule changes shall be submitted to the City and placed on its website at least one (1) day before the scheduled game or practice. 5. WEBSITE: CBO shall create and maintain a website providing current information to the public. The website shall be updated as necessary throughout the year to contain accurate and timely information. A. Included will be Owasso youth baseball and tournament information. B. CBO will showcase "Buy Owasso' on their website and all appropriate marketing materials as well as list things to do in Owasso. C. CBO agrees further to encourage its teams, tournament teams, and their families to utilize Owasso businesses by including a page with headings that list: 1. Hotels 2. Restaurants 3. Local Businesses D. Website will include a list of vendors identifying business address. 6. USER LEASE FEE: CBO shall make improvements and invest a minimum of 5% of gross income in the baseball facilities in lieu of lease fees. Inspections of facilities and improvements will be conducted bi- annually with City staff. Documentation verifying improvement investments will be submitted before June 30th and December 31St Detailed documentation should include type of improvement, improvement cost, and benefit of improvement. Documentation should also include receipts and/or invoices. Failure to timely remit documentation shall be a material breach of this Agreement and may result in termination of the Agreement by the City. 7. CONCESSION: CBO may provide concessions during baseball league season and at all tournaments at the baseball fields at the Owasso Sports Park and McCarty Park. 8. TOURNAMENT SCHEDULES: Tournament schedules shall be provided to the City by CBO PRIOR to the beginning of the baseball season. There will be no limitation on the number of players participating in the league. 9. PLAYER FEES: CBO shall not change its current player fees for the duration of this Agreement without 60 days notice and approval from the City. A current fee schedule will be submitted to the City upon execution of agreement. Scholarships shall be provided by CBO to players who meet that organization's criteria for financial hardship and need. CBO shall annually provide to the City a list of all league and tournament player fees as well as the number of scholarships awarded by CBO for that year. 10. ANNUAL FINANCIAL REPORTS: CBO will be a registered Oklahoma not - for - profit organization and comply with all IRS reports and forms applicable to their organization. CBO shall provide an annual financial report or third party audit to the City detailing the organization's revenues, expenses and disbursements for that year. In addition, CBO agrees to provide other financial documents as requested by the City's Finance Department staff. All financial documents, records, and detailed accounts of financial operations shall be open to the City's Finance Department for review and/or audit with reasonable notice given that such review or audit will occur. Failure by CBO to provide annual financial reports in compliance with the provisions within this section shall constitute a material breach of the contract and may result in termination of the Agreement. 11. TERM: This Agreement shall become effective on the day of 920 for a period of five (5) years. 12. GENERAL MAINTENANCE: CBO shall be responsible for all routine maintenance and repairs of baseball fields, bleachers, concession areas and any other facilities utilized during the baseball season at the designated baseball fields #7 through #13 at the Owasso Sports Complex and baseball fields at McCarty Park with no charge to the City. CBO shall also be responsible for the general clean -up and collection of trash and debris in and around all baseball fields at the end of the last game each day and parking lots before the beginning of the first game on the following day. 13. MAINTENANCE STANDARDS: CBO agrees to maintain the high quality of playing surfaces on all baseball fields at Owasso Sports Park in good working order sufficient to ensure safety of the players, spectators, coaches, managers and all other officials and personnel at all times. A. Each baseball field, as often as is needed, will have dirt added, will be sprayed for weeds, will be aerated and fertilized, will have dirt lips and buildups removed, and will be mowed and swept. B. The following conditions must be maintained for the duration of this contract in the following areas: 1. Maintain complete turf coverage within the playing field fences except for the areas intended to remain dirt. 2. Playing surfaces will be kept uniform and level to allow for proper drainage and player safety. All soil areas will be maintained with a quality soil. Regular field maintenance will be performed in such a way to avoid lip or ridge formation resulting from loose dirt being dragged or pushed into grass areas. 3. CBO will mow all baseball fields and grass areas inside of the baseball fields and surrounding area. Mowing heights will be maintained between 3/4 inches and 2 1/2 inches depending on season and variety of grass. 4. Edging should be performed on a regular basis as needed to provide consistent edges and lines. 5. Outfield fences will be kept free of any thatch that might impede drainage. 6. CBO agrees to provide a long term maintenance program to the City for approval. 14. INSPECTION: All baseball facilities will be in good working order on the date this contract becomes effective and will be inspected by both the City and CBO before this Agreement shall be executed. The City retains the right to enter upon the baseball fields and facilities at any time for inspection, maintenance, repairs or any other purpose related to this Agreement. The City will have the baseball fields and facilities inspected bi- annually for the duration of this contract year by an inspector possessing the requisite abilities, experience and technology to determine whether or not the baseball fields and facilities are being maintained by CBO in compliance with the specified maintenance standards. A written report detailing the results of each inspection shall be provided to the City and CBO by the person performing the inspection. In the event any baseball fields or facilities are not in compliance with the maintenance standards specified by this Agreement, the City shall provide an additional written Notice of Noncompliance to CBO within five (5) business days from the date the inspection report is received by the City. The Notice of Noncompliance will state the specific nature and extent of each area of noncompliance and shall require CBO to remedy the violation and become compliant in each area within a reasonable period of time to be negotiated with the CBO but ultimately decided by the City. Failure to do so shall be a material breach of this Agreement and may result in termination of the Agreement by the City. 15. IMPROVEMENTS OR EMERGENCY REPAIRS: The baseball fields and facilities at Owasso Sports Park and McCarty Park shall at all times remain the property of the City and no improvements or structures may be built upon the fields or facilities without written permission from the City. The City shall be responsible for all major repairs necessary at the Owasso Sports Park and McCarty Park including, but not limited to, rest rooms, plumbing, parking lots, and general electrical issues. 16. RESTROOMS: The east most restroom facility will be considered the baseball restrooms. CBO may rekey locks to the east most restroom's breezeway, which contains the supplies, and if so shall provide a key to the City for its use. Keys to the east most restroom's breezeway shall not be provided to other parties without the approval of CBO and City. CBO will provide ample restroom supplies for the baseball restrooms at the Owasso Sports Park. CBO will stock and clean the baseball facility restrooms prior to each baseball game, including when both league and tournament play is scheduled to be played. If the restrooms are utilized by another party, that party will be responsible for cleaning and restocking the restroom supplies. 17. INSURANCE: CBO shall maintain general liability insurance covering the premises and activities of the baseball facilities and program at the Owasso Sports Park and McCarty Park in an amount not less than Two Million Dollars ($2,000,000) and shall name the City as a co- insured. A copy of the policy shall be provided to the City Manager of the City of Owasso at the time this Agreement is executed. CBO shall maintain the required insurance with an insurer carrying a Best's "A" or equivalent rating that is licensed and admitted to write and issue insurance policies in the State of Oklahoma. 18. INDEMNIFICATION: As partial consideration for this Agreement, CBO agrees to indemnify, defend (at the City's option), and hold harmless the City, its employees, officials, agents, representatives and volunteers from and against any and all liabilities, damages, injuries (including death), property damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings, reasonable attorney's fees, and actual damages of any kind or nature, arising out of or in connection with any aspect of the acts, omissions, negligence or misconduct of CBO, its competitors, invitees, licensees, members, volunteers, representatives, employees, agents, officers, contractors or subcontractors, including but not limited to permitted uses of the fields and facilities, any injury or damage that occurs on or about the fields or facilities relating to baseball activities, or CBO's performance or failure to perform the terms and conditions of this Agreement. CBO shall promptly notify the City of any serious injuries occurring on the fields or facilities and of any claim asserted by any individual. 19. LAWS: This Agreement shall be governed by the laws of the State of Oklahoma. Exclusive jurisdiction and venue for any action relating to this Agreement shall be solely in the District Court of Tulsa County, Oklahoma. 20. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all proposals, oral or written, or other communications between the parties with respect to the subject matter of this Agreement. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions herein, and the provisions of this Agreement are intended to be and shall be deemed severable. 21. MODIFICATIONS: This agreement shall be implemented and enforced as written and may be amended only by written agreement between both parties, with final approval by the Owasso City Council. IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date set forth below. Executed the day of 920 CITY OF OWASSO: Doug Bonebrake, Mayor Attest: Sherry Bishop City Clerk Approved as to Form: Julie Lombardi City Attorney and General Counsel CHAMPIONS BASEBALL OWASSO: Champions Baseball Owasso (CBO) Owasso Family YMCA (YMCA) Youth Baseball Collaboration Agreement Purpose / Goal • To establish a strong feeder program • To create a specialized area for both recreation and competitive leagues • To maximize the strengths of each organization and compliment one another • To utilize the combined resources of each organization to create additional opportunities for growth of youth baseball Signups • To the extent possible, sign up dates will coincide for both organizations • To the extent possible, sign up locations to be agreed by both organizations Marketing • Both organizations will include the other on all marketing and sign up information • To the extent possible, registration forms will compliment and identify collaboration Format • *YMCA will administer recreational / developmental T -ball leagues for ages 3 — 6 • *Champions will administer recreational and competitive leagues for ages 5 —14 • * The YMCA will offer regular T -Ball and no coach pitch. Champions will offer coach pitch and not offer any regular T -Ball. • Champions will administer all tournaments and concessions at Champions complex. • YMCA will administer all tournaments and concessions at YMCA complex. • Finances • Individual organization will submit financial report to city per contractual requirements • Each organization will collect fees designated for their leagues • Each organization will utilize their revenue income to cover expenses incurred by league Communication Administration from both organizations will meet annually Open dialogue will take place frequently to ensure consistency and quality Agreement to collaboration guidelines CHAMPIONS BASEBALL OWASSO: Champions Baseball Owasso Official Date OWASSO FAMILY YMCA: -A LbJ� 1- 13, )- �,- Owasso Family YMCA Official Date Oe T City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Sherry Bishop Assistant City Manager, Administrative Services SUBJECT: Audio Recording of Meetings DATE: January 11, 2013 BACKGROUND: Audio recording of City Council meetings has been discussed at several City Council work session meetings over the past few months. Preliminary information was presented related to the recording, storage, and retrieval process with a cost estimate for equipment and management services based on information from one vendor, AV Capture All. At the request of Councilor Charlie Brown, a resolution creating a policy to record meetings was listed on the December 18, 2012 City Council agenda. After Council discussion, the item was tabled to the January 15, 2013 Council meeting. STAFF PROPOSAL: To date, only preliminary research has been done to determine what types of recording services are available and some of the vendors who provide these services. Staff proposes to research at least three Agenda Management systems and report the conclusions gained from that research to the City Council at future work session meetings. Systems that support audio or video recording of meetings include an agenda management component to allow the user (listener or viewer) a link that serves as a shortcut to a specific agenda item in a recording. An Agenda Management system not only records a meeting, it integrates the meeting agenda and related documents with the recording and aids in the creation of the meeting minutes. Three vendors with widely used Agenda Management systems have been identified. Staff requests that appropriate time be allowed to schedule demonstrations with these vendors, test the systems and check current customer references. Subsequently, staff would be able to provide enough information for the City Council to make an informed decision. The intention would be to identify an Agenda Management system that would be cost effective and efficient and integrate all agenda documents with the audio recordings. RECOMMENDATION: Staff recommends that Council defer action on this item. Staff will research at least three Agenda Management systems and report to the City Council at a future work session meeting. ATTACHMENTS: A. Council agenda memo dated December 14, 2012 with attachments B. Email from Councilor Brown dated January 3, 2013 with amended resolution A 4 Oe T City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Rodney Ray City Manager SUBJECT: Resolution Relating to Audio Recording of Meetings DATE: December 14, 2012 BACKGROUND: The implementation of an audio - recording policy for City Council meetings has been discussed at the August and November worksessions. In two memorandums to the City Council, staff presented preliminary information related to the recording, storage, and retrieval process, as well as estimated costs of equipment and management services. At the request of Councilor Charlie Brown, a draft resolution declaring the policy of the City Council is to audio record all meetings of the Owasso City Council and make those recordings available to the public was prepared by the staff. The draft resolution was provided to the City Council for discussion during the December workesssion. During the discussion, Councilor Brown proposed changes to the draft resolution and requested the revised document be presented to the City Council in December for consideration and appropriate action. PROPOSED ACTION: At the request of Councilor Brown, an item has been included on the December 18, 2012 agenda for City Council consideration and appropriate action of Resolution No. 2012 -16, that if adopted, would declare the policy of the City Council is to audio record all meetings of the Owasso City Council and of the Owasso Planning Commission and direct the City Manager to implement such policy by February 1, 2013. ATTACHMENTS: 1. Proposed Resolution No. 2012 -16 2. Memorandum Dated August 10, 2012 3. Memorandum Dated November 13, 2012 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2012 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, DECLARING THE POLICY OF THE CITY COUNCIL IS TO AUDIO RECORD ALL MEETINGS OF THE OWASSO CITY COUNCIL AND OF THE OWASSO PLANNING COMMISSION; AND, DIRECTING THE CITY MANAGER TO IMPLEMENT SUCH POLICY. WHEREAS, The City Council is committed to open government and ensuring that the public is fully informed on the decisions and discussions of their elected City Councilors and their Planning Commissioners; and, WHEREAS, It is the City Council's intention to improve governmental transparency; and, WHEREAS, Citizen access to discussions relating to public policy development and the adoption of public policy is beneficial to the public's interest; and, WHEREAS, the audio recording and access to public meetings provides valuable information to citizens who choose not to attend City Council meetings or Planning Commission meetings; and, WHEREAS, audio recordings will provide citizens convenient access to policy discussion via the city's website. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to wit: The intent of the Owasso City Council is to have an unedited audio recording of all portions of the Owasso City Council meetings that are open to the public and all Owasso Planning Commission meetings, as a means of maintaining a verbatim record of such meetings, and to make those recordings available to the public via the city's internet website; and, That, the City manager is directed to plan, design, purchase, and install the equipment necessary to affect the audio recording and provide convenient access to those recordings. DATED this 18th day of December, 2012 Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney 0 The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry White Support Services Director SUBJECT: Audio /Visual Report Recording of City Council Meetings DATE: August 10, 2012 BACKGROUND: At the July 10, 2012 City Council work session, Councilor Charlie Brown requested a study of the cost and process to record City Council meetings. Since that time, staff has worked to compile a report of all necessary data for discussion at the August 14, 2012 City Council work session. AUDIO RECORDING: The objective of this project is to make audio recordings of City Council meetings easily accessible to the public. The challenge of this project is recording, storage, and retrieval management of audio recordings and related documents. The current sound system owned by the City of Owasso needs enhancements to convert analog audio recordings to a digital format. This would allow streaming of data as well as archive and data management. The City would need to purchase a digital recorder, auto gain microphones, data capture software, and additional microphones to accommodate any recording environment. This would require a one -time upfront cost of approximately $9,000. This equipment would be compatible for additional recording enhancements in the future. In order to provide a reference tool to the public for data retrieval, the agenda and related attachments from each audio recording will need to be imported into a data system. While audio recordings do not provide the option for searching on specific topics, some data systems allow search capabilities based on Agenda topics or specific words which are entered into the system. Staff feels the best way to manage the recordings and documents is by utilizing a professional service. There are several providers of this type of service. The cost of these services ranges from approximately $200 per month to $500 per month depending on the types of services and options elected. The professional services and related data systems are generally managed as follows: • Capture the public record with audio recording and synchronized documents using one software application • Manage records with intuitive editing and publishing tools 0 Import or upload an existing agenda or create a new agenda • Add notes, enter or highlight keywords, time stamp the data, and edit the agenda during the meeting • Turn on live streaming • Synchronize agenda items and notes with the audio recording • Attach minutes and other associated documents • Track roll calls, motions, and votes of each Council member Share the public record using powerful searching, browsing, Live and On- Demand Streaming services, downloads or physical media • Publish content to our website for public access • Provide live streaming services • Search limited text (including keywords) to hear the associated audio recording • Store and manage online content easily and securely Benefits of the professional service include: • Reduction of post- meeting preparation time for public documents by up to 80% • Save valuable taxpayer dollars by decreasing the labor cost for public information requests and reducing printed materials • 24/7 access to public information through intuitive web -based search and retrieval • Reduces bandwidth and storage requirements • Reduces file- transfer size for streaming multimedia capability • Provides security for the audio recordings VIDEO RECORDING: In order to provide video recording capabilities for public viewing, video equipment (including a camera) would need to be purchased. This equipment is estimated to cost $13,000. Professional services for this added communication feature would increase the monthly cost by around $1,000 per month. This means the total cost for audio and video professional services would range from $1,200 per month to $1,500 per month. PROPOSED ACTION: This item is for discussion purposes only at this time. Further action will be at the discretion of the City Council. The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry D. White Support Services Director SUBJECT: Audio /Visual Report Additional Information Concerning Recording of City Council Meetings DATE: November 13, 2012 ADDITIONAL INFORMATION: After further investigation Staff discovered a possible method in which the current audio system used for City Council meetings could be used to publish audio recordings to a professional service. This method utilizes an audio capture device connected to a laptop computer which would then connect to the existing audio mixer board, internet, and network drive. The minute clerk would use a second laptop with a special software application in order to synchronize the recordings with the City Council agenda. This method would allow the current equipment to be recorded on a network drive. After the meeting the recording would be published for public use by a professional digital recording service. While this solution would still require a monthly fee for the service in the amount of approximately $200.00, the initial investment would be reduced to around $5,000.00 instead of the $9,000.00 cost originally anticipated for this process. Bishop, Sherry From: Charles Brow Sent: Thursday, December 13, 2012 10:06 PM To: Ray, Rodney; Lehr, Warren; Bishop, Sherry Cc: Bonebrake, Doug (Private) Subject: Agenda Item Please add an agenda item for our next meeting to address the formation of committees. I think the Council needs to discuss the application of the following regulations: Ordinance 347, Section 4 -118 Special Committees. All special committees shall be appointed by the presiding official, with confirmation by the Council. Charter of the City of Owasso Section 2.4 Council: Powers - Except as otherwise provided in this Charter, all powers of the city including the determination of all matters of policy, shall be vested in the council. Without limitation of the foregoing, the council shall have power, subject to the stateconstitution, law, and this Charter: (e) To appoint or elect and remove the members of the personnel board, the members of the planning commission, the members of the board of adjustment, and other quasi - legislative, quasi judicialp or advisory personnel and authorities, now or when and if established, or to prescribe the method of appointing or electing and removing them. _ Thanks, Charlie Bishop, Sherry Subject: FW: Item for the Planning Commission Attachments: audio recording of city meetings-revisions - CBrown changes.doc From: Charles Brow Sent: Thursday, January 03, 2013 4:00 PM To: Ray, Rodney; Lehr, Warren; Bishop, Sherry; Fritschen, Karl; Hensley, Marsha; Stephenson, Bronce; Bonebrake, Doug (Private) Cc: Dr Mark Callery; David Vines; Alex Mills; Dr Paul Loving Subject: Re: Item for the Planning Commission Rodney, Some of the issues you mentioned are exactly what I was planning to discuss with the Commission at their meeting. Since the Commission does not have a budget or make budget recommendations, I am surprised that issue arose. For the resolution that will be considered at the January 15th council meeting, my goal was to include the requirement to record their meetings. That is why I want to address them at their January meeting. Now, because they will not hear the issue prior to the January 15th council meeting, I will cease trying to include the recording of Planning Commission meetings in the initial resolution. Therefore, for the January 15th meeting, please include the attached resolution, which I have modified to eliminate any mention of the planning commission. Also, please provide some specific details on the budgeting, technology and policy data that the Chairman of the Planning Commission wants the council to address, so that I will know better when the time might be right for the item to be placed on a future Planning Commission agenda. Just for everyones reference, at the bottom of this email, I included an email about some of the research and review that has already been done. Thanks, Charlie CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 20123 -02 U A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, DECLARING THE POLICY OF THE CITY COUNCIL IS TO AUDIO RECORD ALL MEETINGS OF THE OWASSO CITY COUNCIL AND OF THE OWASSO PLANNING AND, DIRECTING THE CITY MANAGER TO IMPLEMENT SUCH POLICY. WHEREAS, The City Council is committed to open government and ensuring that the public is fully informed on the decisions and discussions of their elected City Councilors ^z., ^'tee Plrvnninr (�r�mmiccir�norc; and, WHEREAS, It is the City Council's intention to improve governmental transparency; and, WHEREAS, Citizen access to discussions relating to public policy development and the adoption of public policy is beneficial to the public's interest; and, WHEREAS, the audio recording and access to public meetings provides valuable information to citizens who choose not to attend City Council meetings ^r PIGRRiRg gemm'cciG1 MeefiRg&; and, WHEREAS, audio recordings will provide citizens convenient access to policy discussion via the city's website. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to wit: The intent of the Owasso City Council is to have an unedited audio recording of all portions of the Owasso City Council meetings that are open to the public GRd GII O.,,,ncc„ Plr.r,r iRg (_G_mmicciGR meefinrc, as a means of maintaining a verbatim record of such meetings, and to make those recordings available to the public for a period of no less than five years from the meeting date via a link on the city's internet website, and to maintain such recordings for a period of no less than #+ue -ten years from the meeting date; and_, That, the City manager is directed to plan, design, purchase, and install the equipment and software necessary to affect the audio recording and provide convenient access to those recordings; and, That, the completion of the planning, design, purchasing, and installation be completed and operational so that audio recording of such meetings can begin on or before Fe March 1, 2013. DATED this 1 Sid'" day of DerepAherJanuarv, 20123 Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney 9 Oe T City Wit t Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Mediation Settlement Authority in Rhonda Miller, Personal Representative of the Estate of Walter Miller, vs. City of Owasso and Resolution 2013 -01 DATE: January 1], 2013 BACKGROUND: The Plaintiff's late husband, Walter Miller, died in an automobile accident on July 22, 2006, at the intersection of 106th Street North and Memorial. The Owasso Police Department responded to the accident and ultimately prepared a report determining that Walter Miller was at fault in the accident. Rhonda Miller disagreed with the conclusions of the report and filed a lawsuit against the driver of the other automobile in the accident as well as McGuire Brothers Construction, Inc., which had large construction equipment parked off -road near the intersection on the date of the accident. The City of Owasso was not named as a party in the initial legal action filed by Rhonda Miller despite her objections to the accident report finding Walter Miller to be at fault. City staff and several City Council members met with Mrs. Miller and /or her attorney both individually and as a group on several occasions in an effort to provide information she requested and answer questions about the accident. Rhonda Miller eventually filed a lawsuit against the City of Owasso on November 1, 2010, alleging that emotional distress was intentionally inflicted upon her by City staff. She contended that staff deliberately manipulated and withheld evidence which prevented her from prevailing in her lawsuit against the other driver and McGuire Brothers Construction, Inc. Minimal action has occurred in this lawsuit since its filing on November 1, 2010, and the Court has directed the parties to participate in mediation. Attorneys for Rhonda Miller and the City of Owasso are in the process of scheduling mediation to be conducted by a mutually agreeable mediation firm in Tulsa, OK, in the near future. Mediation is quite similar to the procedures utilized in mandatory settlement conferences by the federal court system in both process and requirements. As with settlement conferences, both the Plaintiff and the Defendant must designate and authorize a representative to attend the mediation on their behalf who is endowed with full, final and complete settlement authority. As always, no party is compelled to agree to a settlement but a representative with full authority must be present during the mediation. RECOMMENDATION: Staff recommends the City Council designate the City Manager, Rodney J. Ray, as the City's authorized settlement representative for mediation in the litigation matter styled as Rhonda Miller, Personal Representative of the Estate of Walter Miller, vs. City of Owasso, and additionally confer full, final and complete settlement authority upon the City Manager in this legal action through approval of Resolution 2013 -01 memorializing the same. ATTACHMENT: Resolution 2013 -01 OWASSO CITY COUNCIL RESOLUTION NO. 2013-01 A RESOLUTION OF THE CITY COUNCIL OF OWASSO, OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR MEDIATION IN THE LITIGATION MATTER STYLED RHONDA MILLER, PERSONAL REPRESENTATIVE OF THE ESTATE OF WALTER MILLER, vs. CITY OF OWASSO, CJ- 2010 - 06989, JUDGE LINDA G. MORRISSEY, AND ADDITIONALLY GRANTING FULL, FINAL AND COMPLETE SETTLEMENT AUTHORITY IN THIS LITIGATION MATTER TO THE CITY MANAGER. WHEREAS: The City of Owasso is the Defendant in a legal action filed in the District Court of Tulsa County captioned as Rhonda Miller, Personal Representative of the Estate of Walter Miller, vs. City of Owasso, District Court of Tulsa County, Case No. CJ -2010- 06989, Judge Linda G. Morrissey, and, WHEREAS: The parties to this litigation have agreed to mediate this matter and the City of Owasso is required to bring an authorized settlement representative to the mediation who possesses full, final and complete settlement authority to be used at his or her discretion during mediation, and, WHEREAS: The City of Owasso wishes to vest full, final and complete settlement authority in the City Manager, Rodney J. Ray, and to additionally designate the City Manager as the City's settlement representative for the mediation, 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 for the City of Owasso for purposes of mediation, AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray is hereby vested with full, final and complete settlement authority on behalf of the City of Owasso in the above - styled litigation matter. APPROVED AND ADOPTED this 15th day of January, 2013, 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