Loading...
HomeMy WebLinkAbout2007.03.13_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: DATE: TIME: PLACE: Special March 13, 2007 6:00 p.m. Old Central Building 109 N. Birch Notice and agenda filed in the office of the Ci lerk and posted on the City Hall bulletin board at 5:00 PM on Friday, March 9, 2007. Ju Stevens, Deputy City C erk AGENDA Call to Order Mayor Stephen Cataudella 2. Discussion relating to Community Development Department Items Mr. Wiles Attachment #2 A. Annexation Request (1) B. Rezoning Request (1) Discussion relating to Public Works Department Items Ms. Stagg Attachment #3 A. Proposed Change Order — FY 2006 -2007 Street Rehabilitation Project B. Proposed Change Order — Phase II Water System Improvement Project C. Yard Waste Fees 4. Discussion relating to Jury Trial results in the Right -of -Way condemnation action of City of Owasso vs. McCarty. Ms. Lombardi Attachment #4 Owasso City Council March 13, 2007 Page 2 5. Discussion relating to City Manager Items Mr. Ray A. Reimbursement request from Tax Partners, Inc. for E -91 I Fees B. Rate Study C. City Manager Report 6. Discussion relating to the FY 2007 -2008 Budget Mr. Ray A. General briefing and discussion B. Rate & Fee reviews C. Golf Course Debt Service 7. Adjournment S:Wgendas \Council Work Session\2007\0313.doc MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: ANNEXATION — (OA- 07 -02) DATE: March 7, 2007 BACKGROUND The City of Owasso has received request from Kellogg Engineering to review the annexation of approximately 1.0 acre, located on the south side of East 9e Street North, '/4 west of North 145`h East Avenue. EXISTING LAND USE Large Lot Residential SURROUNDING LAND USE North: Large Lot Residential South: Developing as Nottingham Hills East: Large Lot Residential West: Developing as Nottingham Hills PRESENT ZONING (Agriculture) Tulsa County DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. ANNEXATION REVIEW PROCESS The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The applicant must submit as part of the request a signed petition requesting the annexation, an accurate legal description and map of the property being requested for annexation and a certified 300' radius report so that staff may send legal notices to surrounding property owners. Upon receipt of all appropriate materials the staff initiates the review process which begins with a thorough analysis of the request. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted the ordinance is circulated to appropriate regional and national agencies for recording and altering maps. ANALYSIS The applicant is requesting to annex approximately 1.0 acre, located on the south side of East 96' Street North, 1/4 west of North 145' East Avenue. During the review of the Preliminary Plat for Nottingham Hills it was noticed that a very small portion on of the plat was located outside the city limits of the City of Owasso. By annexing this small 1.0 acre tract, the preliminary plat proposing 58 lots in a gated residential community, on approximately 28 acres of property will be allowed to move forward in the development process. However, if approved, the one acre tract will still have to go though the rezoning process and meet the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. ANNEXATION COMMITTEE: The Owasso Annexation Committee reviewed the request at its meeting on February 28, 2007. At that meeting, the committee unanimously recommended approval of the annexation. PLANNING COMMISSION: The Owasso Planning Commission will consider the application at a public hearing to be conducted on March 12, 2007. RECOMMENDATION Staff intends to recommend approval of OA 07 -02. ATTACHMENTS: 1. General Area Map 2. Applicants Annexation Petition BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OK PETITION FOR ANNEXATION The undersigned, constituting not less than three - fourth of the registered voters and owners of not less than three - fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to wit: A Tract of land situated in the NE /4 of Section 21, T21 N, R14E, of the Indian Base and Meridian, Tulsa County, Oklahoma, described as follows: Commencing at the Northeast corner of said section; thence N89 °59'38 "W along the North line of said section a distance of 524.83 feet to the POINT OF BEGINNING; thence S00 008'04 "W a distance of 363.00 feet; thence N89 059'38 "W a distance of 120.00 feet; thence N00 008'04 "E a distance of 363.00 feet to a point on the North line of said section; thence S89 059'39 "E along said line a distance of 120.00 feet to the POINT OF BEGINNING, containing 1.0 acres. Being a territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Dated 29th day of January, 2007 Mr. Jarrod Sanders Kellogg Engineering, Inc. Agent for the Developer E. 96 #h ST.. N Subject INot roperty lls, I Owasso community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com OA 07 -02 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OZ 07 -01 DATE: March 7, 2007 BACKGROUND The City of Owasso has received a request to review and approve the rezoning of approximately 18.7 acres from AG (Agriculture) to RS -3 (Residential Single Family), located on the south side of East 76h Street North at approximately N. 138`" East Avenue, just east of Crown Colony Estates. A general area map has been attached for your review. EXISTING LAND USE Undeveloped/Agriculture SURROUNDING LAND USE North: Large Lot Residential (Graceland Acres) South: Large Lot Residential /Agriculture East: Large Lot Residential/(Prairie View) West: Crown Colony Estates PRESENT ZONING AG (Agriculture) DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. Specific development concerns, such as drainage, traffic, water /wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee JAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. r_1.r_1 RIM 0 The City of Owasso has received a request to review and approve the rezoning of approximately 18.7 acres from (AG) Agriculture to (RS -3) Residential Single- Family. In June of 2005, the City of Owasso approved OPUD 05 -01 (Crown Colony II) a proposed planned unit development (PUD) comprised of 166.28 acres. The development concept behind the Crown Colony II PUD is residential single family with an underlying zoning of RS -3 (Residential) containing a maximum of 500 dwelling units. It is the applicant's intent to develop the property as a part of Crown Colony II. The request is consistent with the Owasso Land Use Master Plan as it calls for residential development in the area. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. To date, the staff has not received any comments from citizens concerning this rezoning request. PLANNING COMMISSION: The Owasso Planning Commission will consider the application at a public hearing to be conducted on March 12, 2007. RECOMMENDATION Staff intends to recommend approval of OZ 07 -01. ATTACHMENTS: 1. General Area Map i� v W F z EaO CT 14 < !V W W ESo STN n 4 � z F � it y !` N .._E 7e pR N _. ■ _ Z E 785TN E. 76th ST. N E 76 ST - - . E 75th PL N W Subject Property Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com OZ 07 —OG W 2 E7asil p W S s wom r, I 7,1 S1. W Rh 0 E IM V .4 z z . E 77 PL 2 � E77 STN y _ . E77 cut N .._E 7e pR N _. ■ _ Z E 785TN E. 76th ST. N E 76 ST - - . E 75th PL N W Subject Property Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com OZ 07 —OG W 2 E7asil p W S s wom r, I MEMORANDUM TO: THE HONORABLE MAY R AND CITY COUNCIL CITY OF OWASSO FROM: ANA C. STAGG, P. DIRECTOR OF PUB C ORKS SUBJECT: FY 2006 -2007 CIP PAVEMENT REHABILITATION PROJECT CHANGE ORDER NUMBER 1 DATE: March 5, 2007 BACKGROUND: Included in FY 2006 -2007 Budget, the Capital Improvements Fund allows for the expenditure of $1,000,000 for the repair and/or resurfacing of residential and non - residential roadways throughout the city. Rehabilitation sites for FY 2006 -2007 were evaluated and selected based on a comprehensive assessment of roadway conditions and encompass approximately six miles of roadways. Seeking to further maximize the return on Capital Improvements Fund expenditures, the City of Owasso secured an Interlocal Agreement with Tulsa County for the completion of asphalt overlays and contracted other services for the completion of the remaining work. The scope of services to be contracted included all necessary pavement repairs, including removal, disposal and replacement of existing pavement as well as reprocessing pavement as a base, for projects identified for asphalt overlay as part of the Interlocal Agreement. On November 7, 2006 City Council awarded a Contract to Becco Contractors, Inc. ( BECCO), Tulsa, Oklahoma in the total amount of $275,080.00 to perform such services. To date, Becco Contractors has completed nearly 60 percent of the construction work and is expected to complete all work by March 2007 — weather permitting. PROPOSED CHANGE ORDER: The scope of services to be performed by BECCO include the "reprocessing" of East 96th Street North between North Mingo Road and North Garnett Road to produce a suitable foundation for the new asphalt surface. Such base work was to be completed in coordination with Tulsa County — who were responsible for the construction of the new asphalt surface — during a two week period in December 2006 to coincide with the Bailey Elementary School break. Unfortunately, during that period, the area experienced significant precipitation which resulted in additional expenditures. The heavy rains damaged approximately 1,400 LF of the newly reprocessed base necessitating additional cement and reprocessing work resulting in a quantity adjustment for Item No. 9, Portland cement, of $4,146.00. FY 2006 -2007 Pavement Rehabilitation Project Change Order No. 1 Page 2 of 2 The heavy rains also caused construction delays for both BECCO and Tulsa County, resulting in a week lag between the completion of the base work and the start of the asphalt overlay. Faced with the possibility of further damage to the base (by forecasted rains), the City directed BECCO to overlay the exposed roadway segment at a cost of $23,200.99. The expenditure amounted to $43.99/ton of installed asphalt — or $13.64 /ton more than the unit cost of $30.35 /ton by Tulsa County. The additional expenditure was justified when compared to the projected potential loss of $94,000 for the restoration of work already performed. FUNDING: One million dollars was allocated for the FY 2006 -2007 Pavement Repair Project and sufficient funding remains to compensate for the additional expenditure of $23,200.99 (Change Order No. 1). RECOMMENDATION: Staff will recommend Council authorization of Change Order No.l — for asphalt overlay of East 96th Street North — in the amount of $23,200.99 and a revised contract amount of $298,280.99. ATTACHMENTS: A. Change Order No. 1 ATTACHMENT A SECTION 00600 CHANGE ORDER PROJECT: FY 2006 - 2007 Pavement Repair CHANGE ORDER NUMBER: 1 Program @ Various Locations CONTRACT DATE: December 18, 2006 DATE: December 27, 2006 TO CONTRACTOR: Becco Contractors, Inc. CONTRACT FOR: The Contract is changed as follows: Install 3" Ty B Insoluble Asphalt - 10,229.33sy @ $2.25 With Trucking to Project and Tack Coat 330'x 25.5' = $185.00 Not valid until signed by the Owner and Contractor The original contract sum was $ 275,080.00 Net change by previously authorized Change Orders $ - The Contract Sum prior to this Change Order was $ 275,080.00 The Contract Sum will be ( increased )(decreased)(unchanged) by this Change Order in the amount of $ 23,200.99 The new Contract Sum including this Change Order will be $ 298,280.99 The Contract Time will be ( increased )(decreased)(unchanged) by The date of Sustantial Completion as of the date of this Change Order therefore is 13 0? NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. Becco Contractors, Inc. CONTRACTOR P.O. Box 9159 ADDRESS Tulsa, OK 74157 BY V DATE I lD O I The City of Owasso OWNER 111 North Main ADDRESS Owasso, OK 74055 BY DATE ( 3 )days. MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: JOE JOHN NURRE, P.E. CITY ENGINEER SUBJECT: WATER SYSTEM IMPROVEMENTS PHASE II WEST TRANSMISSION MAIN, BOOSTER PUMP STATION AND PRESSURE PLANE APPURTENANCES CHANGE ORDER NUMBER 1 DATE: March 6, 2007 BACKGROUND: Included as part of the improvements recommended by the Water Master Plan, this project represents the last phase of enhancements to the City's water distribution system to address water demands for the next twenty years. Specifically, the improvements include approximately two miles of 30 -inch water transmission piping along East 106`h Street North, a new booster pump station (located in the base of the recently completed 2 million gallon water tower) to maintain transmission pressure during periods of peak demand and pressure regulating appurtenances to allow the separation of pressure planes. Bids for the project were received on January 9, 2006. McGuire Bros. Construction Company was determined to be the lowest responsive and responsible bidder and Public Works Authority awarded a construction contract in the amount of $3,848,184.63 to them during its regular meeting of January 17, 2006. CONTRACT CHANGES: The work was awarded as a unit price contract where the quantities presented in the Bid Form were estimated based on expected conditions and used solely for the purpose of comparison of bids. It was therefore anticipated that a quantity adjustment be made at final payment to reflect actual quantities provided, as well as any changes in scope which may have developed during construction. Funding for final quantity adjustment, and other necessary changes, was included under the Project Allowance Line Item ($210,000) listed in the Bid Tabulation and Project Schedule of Values. Attachment A summarizes quantity over -runs and under -runs for the project. Many of these costs are associated with small amounts of an item either unused or used in addition to the estimated quantity. Large quantity over -runs include: Project Cost Reconciliation Water System Improvements Page 2 of 3 Item 6 — 30" Ductile Iron Pipe (Restrained) - $80,793.00 — This over -run reflects adjustments to the location and total length of restrained pipe based on field conditions. While these adjustments occurred at several locations, they were primarily associated with alignment adjustments east of Memorial Drive caused by the discovery of an existing Washington Co. RWD #3 waterline interfering with the proposed alignment. Other costs associated with this item include Item 14 — 30" Restrained Bend - $22,200.00. These over -runs are partially offset by an associated quantity under -run of $45,540.00 for unrestrained 30" pipe (Item 5). Item 52 — Pavement Removal and Replacement, Concrete - $16,720.00 — This over -run reflects adjustments caused by unanticipated driveway removal and replacement at residences along the alignment. Item 62 — Temporary Pumping Station - $183,600.00 — This over -run reflects adjustments caused by the extended need for these facilities throughout the summer of 2006. Because of the delayed completion of the City of Tulsa's North Sheridan Extension, Public Works Engineering and Operations staff anticipated the possible need for these facilities to augment City of Tulsa pressure during the peak summer demand periods. The Bid Proposal for the project included a Pay Item for a Temporary Pumping Station for 8 weeks duration. Price bid for this item was $30,600 per week. The pumping station was installed by the Contractor at the direction of Public Works on June 21, 2006, and it was used during all weeks in July; four of the five weeks of August and continuously from July 19 to August 15. It was removed from service and returned to the manufacturer during the week of September 18 -22 — a total of 14 weeks of service. This over -run reflects six additional weeks of service. Item 67 — 12" Ductile Iron Pipe (Restrained) - $38,286.00 — This over -run reflects a similar condition for the 12" distribution line adjacent to the 30" transmission line from Memorial Drive to Mingo Road. No additional restrained fittings were required. A similar offsetting under -run in unrestrained pipe is reflected in Item 66 ($28,360.00). Item 88 — 36" Conduit, Steel, Bored - $15, 850.00 — This over -run reflects a post - design decision to extend the bore beneath U.S. Highway 169 to a location south of the recently completed portion of the Owasso Expressway along the Tyann Plaza frontage. This decision eliminated the need to open cut and repair the new road and the potential need for road closure associated with this work. Attachment A indicates $127,748.83 in quantity under -runs and $378,429.50 in quantity over- runs of which $183,600.00 is accounted for by the single item relating to extended temporary pump station use. The net cost of contract quantity over -runs is $250,680.67. Attachment B summarizes items not anticipated in the original scope but required for the proper completion of the project. These items include an additional pressure regulating structure between the 30" transmission line and the 12" distribution line; conduit and telemetry circuits to Project Cost Reconciliation Water System Improvements Page 3 of 3 between the 30" transmission line and the 12" distribution line; conduit and telemetry circuits to allow for remote monitoring of the status of the new Tulsa master meter vault; valves and fittings to increase the efficiency of the temporary pumping facility and other miscellaneous fittings, services and items. Total charges against the contingency as change orders or additions in scope are $119,709.06. Change Orders No. 1 includes all quantity adjustments ($250,680.67) and scope changes ($119,709.06) for a total additive sum of $370,389.73 — or 9.6% of the original contract amount. Attachment C reconciles the sum of the original construction costs, net change in quantities and changes by Change Order (Total Construction Costs) against Total Completed as shown on the most recent Schedule of Values. The difference is the balance to finish the project - $111,641.50 — of which $110,600 is dedicated to completing the booster pump station and instrumentation and the remainder to final right -of -way restoration. FUNDING: Funding for the project is provided by the Oklahoma Water Resources Board as a loan from the Drinking Water State Revolving Fund. Additional funding for acquisition of Right -of -Way was provided by remaining Vision 2025 funds. DWSRF loan application was approved for $4,643,250.00 to compensate construction, easement and right -of -way acquisition, engineering, bonding and financing costs and an allowance of $200,000. Additional funding to compensate for the remainder of Change Order No. 1, in the amount of $170,389.73, will be obtained from savings in right -of -way acquisition and engineering costs (approximately $500,000 savings). RECOMMENDATIONS: Staff recommends Trustee consideration and approval of Change Order No. 1 in the amount of $370,389.73 as an additive adjustment in the amount of $170,389.73 to the Phase II (West) Transmission Main, Booster Pump Station and Pressure Plane Appurtenances Project for a revised contract amount of $4,018,574.36. ATTACHMENTS: A. Summary of Project Over -runs and Under -runs B. Project Allowance Summary C. Reconciliation at Project Completion T N w O C c � C 7 ` a Gl 0 y N d 0 O C > E ° a Y O LL d r v r d Y � N O > t y _d � 3 c (n o U w d N O � 0 c a L co p o U U m _ o E 0 cn i L w m +� C E O E U N O N to � N O O 3 m Om O U �- O U 'a O Z a+ d C - N i V f� Q ATTACHMENT A o O o 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 o O o O rn o 0 0 0 0 0 0 8888 o O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO (D LO O O N o 0 0 0 0 0 0 0 0 O M N 0 0 0 0 LO O 0 O o (O o 0 0 (O 0 0 0 0 C) o U) W O O UD o 0 0 0 0 0 V O) N (D N O O L- � a) W t0 N N O (O (O O at V f� f- In M N V O O O (D O O n O) N N N m N V N I� .-- m (D m N O) 0) N N �' r V r V N Orl- O (D LO O 69 69 69 N N 69 (A - 69 69 En EA �- N � (n ( E W (A N M " 69 .� (9 EA 69 .... - (o 64 69 69 co M V M m to N V4 69 (A fA EH 69 m 64 Ef) 69 69 69 64 Efl W 64 0 0 8 8 8 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 -0 0 0 0 0 0 0 0 0 0 C C CC C 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO O O m O o 0 0 0 0 0 S 0 W O O O o 0 0 (O o Lo 00 0 0 0 0 0 0 0 0 o t) V O V m N m (O o LO O O O o 0 0 (O 69 U3 64 O (O EA P- Co N (A 69 69 V (4 64 69 O V W O 00 O) 64 m O V N o N V' EA (A 64 64 6) O LO N W co 00 c C' r- o) n 64 N N co � 'T m co ((»D U-) cg 61) _` U4 (»m 0 69 W m N EA M EA fA 69 69 EA 64 N b N co 64 69 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C c 0 00 0 O) 0 0 0 0 0 0 0 0 0 0 0 0 C0 0 0 0 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U (D O o 0 0 0 0 0 0 0 0 0 0 0 (O UO N o 0 0 0 W (n (n �D o LO O 0 0 (D o 0 0 0 00 M .- 0 0 0 0 u) 0 0 0 0 0 0 0 0 W (D N W N O W I� N m m �O N N O LO LO o (O m (D O L r L` (D W Il o o O O O LO O o O �Y o N N (D M N N CO T r m (D N O M o N N (D m m O M V N O t` 0 co (O N 69 69 EA 0 64 69 EA 69 69 69 UT EA N � � � Z : � co O O EA El-? 69 EA _' V V 69 69 (A M V M O) o) N 64 (A 69 64 69 69 N Ul 69 69 69 61) 69 69 (A V N 0 0 0 0 0 0 0 0 0 0 0 0 C. C. 00 - - C0 0 0 0 CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C c D 0 0 0 0 CC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (O (O N r- 00 - M M N . V LO N 0 0 0 0 0 0 0 LO O O O O O O N W V (D (M M O (D (D o 0 0 0 f- W N o 0 0 (O a) O V n CD (D (D (D M N N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 — U- LO O LO O O o 0 0 0 0 0 C0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ln o v v— L° 0 0 (O o 0 0 0 0 0 O) 0 0 00 LO LO LO LO 0 LO o 0 0 LO o 0 0 o LO LO O O o 0 LO o (N N - W O O m V (D (D N o LO r N m (D W LO V (D o LO LO O m O 64 69 64 Ffl 61) 69 64 (D 00 69 69 69 (fT r o O 64 V" N L� M N N N M- m (D cl) N r 69 EA (p W W co EA (,.� 6464 EA EA 6964 EA V3 _'_`EA EA fA fn Et?69 69 CD 69 69 (f3 M J J W W W W W W W W W W W W W W W W W W W U J J U)� U) U) U J W U J U W CL E a N _ v° ° -° t h 4) 'O I = L U D X X (0 U @ J(n Q C O O m mm Xo U ,` % �QU m ° a m ap ai ai C C 'o m N C J O C (0 'O N C C O C O c6 C CO N- 00 - (D O Q o Q o a w 0_ N N O ° J c c6 N N C C o 0 N N N N I- H H O U -o '° C O m oO ,C C -0 -° N X N X C C C C N N N N N N O U U N .E O o 4) (0 CO O O c N "o -O Ui (D B C C LO LO m inc m m c 'm c c c N N 3 3 W in in in N c N N N N >> O .N .Q O N C (n (n N a� Q' a� 2' . T N .c c c '� N a) 3 �' � 0' X n 'n 3 O ❑ ❑ ❑❑ °° E E O o w m F cn c4 V) (O = N N N N 0 N 0 O in in N o N N vl vl >> t6 N> N N N N N U C -o L O O O o N N W W O �� a' Ir 4) N >> N N N N N W c O c O C O C O U UL _C CV a�NmW C C C'o -o 01 7 Q7 7 G m O N> c0 (0 N U N co N U) N U) N Q7 C C �UUUU =0 x�iDmmmmmdd��C�C�� X X N N N C C a�� a U U U U E E C N W U° CL N (L x x �� a�i �� � >> > > 3 m M '-_' 3,° O E E m O O N O N o- - N O- - N o- O o o o o O a) @ @ (6 __ O M M W CD M m CD �- m (D m U U U 0 0 0 U U I- � H H d d U (n U U W 0- F- d CD � V m 0) O N N rr M M M M t7 d V V L0 (O LO UO LO (O UO LO Co Co r, C N L U (C Q M o � W UO (O co m O r 7 (C I- N O N r N co N co 69 fS C N 3 C 7 6 > 0 T _T C C m m � 7 d C'1 U U m m C C O O U U O O E E � 7 W N N C 3 a) 0 m CY U C O U w O N Z so &&0 0 0 0 O O O O O O V O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O V O (O U-1 0 0 0 0 0 0 0 0 O (O O U-) 0 0 0 0 V O O U-) O U-) M O O O O N U-) O O O O O (O a0 LO N 0 0 co V m N 0 0 LO C) Efl o V V m CO N O LO o (O LO Cl) N V O co m (O CO fl W co V "'' r EA (A V) M O e- N 69 f- M CO 6,3,M VlV V N M2 L ER •� •Eli EANEfl EA `-'fA Cl) 60 � ER M fA 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O CO O O O O O O 00 O O O O UO O O o 0 0 0 0 0 0 0 O O V V LO O O OD O r V (A (A I-- M (n (A EA EA EA fA O EA EA EA co') N r- V V N 00 (O L- � V m M 00 � V) M-: r - O O LO (,i M N O N (O U) EA EA (A N EA LO (A Gq N 69 EA ER 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O o 0 0 V o LO LO 0 0 0 0 0 0 0 0 O O O (O o 0 0 o N O O (O o o M o 0 o m (N UO 0 0 0 0 0 O (L) M V o m M V 0 m 0 I- LO O V co I- V N I-- O (O O N N r EFT O V V EA V H3 m fA M N co O 00 (O o N (O d4 (O I-- m (O M M V LO N M EFT .4' _ v) v) EA ' 60 v) EA N N EA � EA N (O EA 7 EA (R N W EA ER (A fA ER 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O N Il- M m o 0 V N N �- o V V o 0 0 o 0 LO 0 0 o 0 0 v m N O (O V 7 O m m m V (0 (O O UO I-- V co co co V N o 0 o O o 0 0 0 0 0 0 0 0 0.. LOLO o n 0 0 00 00 0 o o 0 0 0 0 o 0 0 0 0 0 0 0 0 V V .- LO O o LO O o 0 O O LO 0 0 LO 1- M O O m r m O 0 0 c- O LO o N N LO V LO LO O O O O O m (O O O EA U) 60 64 U4 (0 W (A 69 A Il- (A (A V N M Cl) 69 Cl) Cl) M EA (A EA EA EA ER ER _'(A EA EA EA (f3 W W Q Q Q Q} LL W Q Q} W W W U- >- W Q }} J J W W W W U J J W W U J J J J w w w w w w J W O O U , a) C O L m a) N a a � m C71 t 0 U X X LL m J C1 C 0 m m 0 w v .` `m 3 v7 Q U m t -° m -0 -c0 �mmm 000 a O Q Q U N OH��(naa c o a) 00 a) °) a) C2 � c o U a' N-0 X M X Cl) U U U U U m m U C a o W E 0 W E > > > >> a) a) c 0 n n G c 0 3 a) 0 a) 3 O N 3 a) () N a) a) c 3❑❑❑❑❑ a) o o m 0 0 0 0 N w o n n o°> a) m = N a) > > m o E E o W- _m _m c to 0 _0 0 0 0 0 0 0 -- a) LL U j W� U> cn W '� C C c c c N U LL x o a a) o a m U U U U U aci a�i m 2 °) N cu (� 'a o o 0 0 0 E v 0 0 x d cn (D 0 c_ U � 0 U) L) c_ U a) O E >> m 3@ 3 3 Co 30 N N N N N N O V m O N N O zo O UN d N U co CO COHHHHH d d CO,7 (n LL CO CO r m O Il- f` N r (D r I� r M 0) r ao m O N M t0 (O I� M m C) 0 0 N 0 M 0 CO (0 W w 00 00 m m m m m m m m m M o � W UO (O co m O r 7 (C I- N O N r N co N co 69 fS C N 3 C 7 6 > 0 T _T C C m m � 7 d C'1 U U m m C C O O U U O O E E � 7 W N N C 3 a) 0 m CY U C O U w O N Z m C O t v Q d V a.+ N M Qi T ATTACHMENT B O O O O O v O O O LO � O O O O O O O O V O O O co N O O O O LO O O O M O O O Y li O O (D U-) N O 00 O r-- O co LO rl- co co O UD N UO co UO Co N O CO r— LO r— M O � M O � O b9 lq Lr G co M Ul 04 N U� N N — Eft K? N cct <fl cR EA N ea Efl FA EA VY ull — bq Vy 64 6G ull c o ER E d 41 0 O O WA Ef-T L a� L O ra m 3 O 2 a _ a Q N a U O H O O O O O O (D O Uf) r— O O O O O O O O IT O O O M N O O O — Y O 6 O O O M O 6 O — V O O 6 — O LO N N Lo O 00 co LO O CO rl N co M LO U') r— r— co M 'T Efl O r— U') (D N V m r, V Ul V Ld O M M 60 L6 N cct N d N ea ea 6c) ell — U') — bq Vy 64 60i c o ER D N ++ > ci L Q CL c a a a co cn U) a a co co a co CO Dma ? W W W W J J J W W J J W cn L CL E 00 3 ca c CY ) = Q W o Q >% a a� o � N co m +� m = o o a) Q ° 3 U E L /@^^ v/ Y O N (D m O O E co O- E ca (D U ,O O Q. LO > NNl 0 V _mX W 3 m L cc \� O m 70 U) CL (D > a) m v > v o �_ Q v — � c a > O � c > -0 N N I— Q f— d > X O N m U d U U _0 m O U CJ (0 - - X C Q X > O Q N N O O c O O O m N N N U M U U > Q� Q� E d 41 0 O O WA Ef-T L a� L O ra m 3 O 2 a _ a Q N a U O H Attachment C ATTACHMENT C City of Owasso - Water Systems Improvement Projects - Phase II (West) McGuire Brothers Construction, Inc., 8415 S. Regency Drive, Tulsa, OK 74131 Original Construction Contract Less Item 63 - Project Allowance Construction Costs - As Bid Quantity Under -runs Quantity Over -runs Change Orders Total Construction Costs Reconciliation at Project Completion $3,848,184.63 $210,000.00 $3,638,184.63 ($127,748.83) $378,429.50 $119,709.06 $4,008,574.36 Total Completed to Date $3,896,932.86 97.2% Balance to Finish $111,641.50 Total Construction Costs OWRB (DWSRF) Contingency Construction Costs Less Contingency Construction Costs - As Bid $4,008,574.36 $200,000.00 $3,808,574.36 $3,638,184.63 Additional Costs $170,389.73 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ANA C. STAGG, P.E. PUBLIC WORKS DIRECTOR SUBJECT: YARDWASTE COLLECTION FEES DATE: March 5, 2007 BACKGROUND: In 1990, as an enhancement to the city's recycling efforts, the Owasso Public Works Authority implemented the seasonal separation and collection of yardwaste material. Such program was implemented in an effort to reduce volume of biodegradable material buried in landfills, control waste disposal costs, and support the environment. Collections services are provided to our residents for a fee of $6.50 per month (90 -gallon polycart service) or $3.75 for ten 40 -gallon bags. These rates have not changed since the implementation of the yardwaste program in 1990 and are in need of adjustment to compensate for increased service costs. FEE ANALYSIS: A review of the entire refuse operations indicates that the residential yardwaste program results in approximately 18% of the cost incurred by the City of Owasso to maintain this service. Based on this percentage, expenses are broken down as follows: Administrative $ 16,526 Billing 9,167 Personal Services 62,626 Materials and Supplies 42,134 Other Services and Charges 37,804 Capital Outlay 1,230 Total Expenses $ 169,486 Please note that this figure does not include the initial costs for purchase by the City of Owasso of polycarts or vehicles involved in the process of collecting yardwaste. The above figures do include the costs allocated for 2.5 employees to operate this program. Conversely, the estimated revenues generated as a result of the yardwaste program are as follows: Yardwaste Carts $ 46,000 Yardwaste Bags $ 12,000 Landfill savings (est.) $ 34,049 Total Revenues $ 92,049 Owasso Public Works Authority Yardwaste Collection Fees Page 2 of 3 This results in an estimated underwriting of the yardwaste program costs at $77,437 per year. Staff would recommend raising the yardwaste program rates immediately to reduce the underwriting of the yardwaste program costs. Realizing that there are savings as a result of the avoidance of landfill fees for yardwaste, as well as transport to and from the landfill, the monthly fees to yardwaste customers should never be the same as refuse customers (currently established at $11 per month per 90 gallon cart). However, it would be staff s recommendation to establish the yardwaste fee per polycart to be $2 less than that of refuse by FY 08 -09. With this in mind, staff's recommendation for yardwaste collection fees per polycart would be as follows: Current $6.50 April 1, 2007 $8.00 April 1, 2008 $9.00 Similarly, it is staff's recommendation to raise the rates for the bag yardwaste collection as well. Currently, the bag yardwaste customer receives 106 gallons of yardwaste hauling per $1 spent, as compared to the polycart customer that receives 55 gallons of yardwaste hauling per $1 spent. Additionally, the difference between purchase and sell price per bag is only $0.06 — insufficient to compensate for collection costs. As a result, staff's recommendation for yardwaste collection rates for the sale of bags be as follows: Current $3.75 April 1, 2007 $6.00 April 1, 2008 $8.00 At the rates recommended for April 1, 2007, revenues would be projected as follows: Polycarts $ 56,616 Bags 19,200 Landfill Savings 34,049 Total Revenues $109,864 At the rates recommended for April 1, 2008, revenues would be projected as follows: Polycarts $ 63,693 Bags 25,600 Landfill Savings 34,049 Total Revenues $123,342 PROPOSED RESOLUTION: Section 17 -217 of the Code of Ordinances of the City of Owasso provides for the establishment of Owasso Public Works Authority Yardwaste Collection Fees Page 3 of 3 rates by the City Council through the adoption of a Resolution. "Publication of the fixing, setting, or changing of fees and charges, and of regulations pertaining to the collection of trash, garbage, rubbish and refuse, by posting notices in five (5) public places, for seven (7) days, shall be deemed satisfactory notice to any person of such resolution, regulation, setting, fixing or changing fees or charges." If the Council approves the yardwaste fee adjustment, all new yardwaste fees will be advertised in the Owasso Reporter, posted at the Community Center, City Hall, and Library, as well as the homepage of the city's website. RECOMMENDATIONS: Staff intends to recommend City Council and the Trustees approval of a Resolution adopting new yardwaste cart and yardwaste bag fees. (If no concerns are expressed by the Council, staff will draft two Resolutions to be presented for approval at the March 20, 2007 regularly scheduled Council meeting). ATTACHMENTS: A. OPWA Resolution No. 95 -03 ATTACHMENT A OWASSO PUBLIC WORKS AUTHORITY OPWA RESOLUTION NO 95 -03 A RESOLUTION OF THE OWASSO PUBLIC WORKS AUTHORITY ADOPTING RATES TO BE CHARGED FOR THE PROVISION OF NECESSARY REFUSE COLLECTION AND DISPOSAL SERVICE TO POLYCART REFUSE CUSTOMERS, AND ESTABLISHING AN EFFECTIVE DATE. BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY THAT: SECTION ONE: From and after the effective date as hereinafter set forth, the charges by the Owasso Public Works Authority to its customers for polycart refuse service are as described on Attachment "A ", adopted and incorporated as such by reference herein. SECTION TWO: Any customer having reached the age of sixty -two (62) years and being a recipient of Social Security Retirement Benefits, or alternatively, any customer being totally permanently disabled and receiving Social Security Disability Benefits therefor, may make application for and receive a diminution of rate to that rate in effect prior to the date hereof. SECTION THREE: The rates hereby adopted shall apply for service provided on and after the first day of July, 1995. APPRt`IVED.AND ADOPTED this 20th day of June, 1995 by the Trustees of the Owasso Public Works Adti tmit .,, to .. Charles L Burris, Chairperson A �r Marci Bout �ell, ust Se cretary AS TO FORM: Cates, Trust Attorney ATTACHMENT A RESIDENTIAL RATE SPREADSHEET p f Number in Service Current Rate Current Total Proposed Rate New Total tial 3805 $ 6.50 $24,732.50 $ 8.00 $30,440.00 Commercial 114 $ 6.50 $741.00 $ 10.00 $1,140.00 Multifamily 7 $ 6.50 $45.50 $ 8.00 $56.00 Yardwaste 107 $ 6.50 $695.00 1 $ 6.50 $ 695.00 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI GENERAL COUNSEL SUBJECT: JUDGMENT IN CONDEMNATION ACTION OF CITY OF OWASSO V. McCARTY DATE: March 13, 2007 BACKGROUND The City, in connection with the 86`h Street and Mingo intersection project, sought to acquire approximately 26,961 square feet of right -of -way from Mr. Strawdey McCarty. The court appointed three commissioners who appraised the property and found the property's fair market value to be $13,500. That amount, plus the commissioners' fees and the court clerk's poundage fees, was deposited into the court on September 15, 2005, and the City has been authorized from that date to occupy the property and proceed with the intersection project. The landowner subsequently retained an attorney, Mr. Kim Ritchie, and filed an application with the court for a jury trial on the issue of compensation paid for the land. The City had the property appraised in anticipation of trial. Rick Ellis, the appraiser retained by the City, found the fair market value of the property to be $7,000. Conversely, the appraiser retained by the landowner found Mr. McCarty's total damages to be $36,000, which was comprised of two elements: $26,000 in compensation for the land, and $10,000 for replacement of trees and the rebuilding of a driveway to provide the type of access the landowner had prior to the condemnation. A jury trial was held on February 20 -22, 2007, before the Honorable Mary Fitzgerald in the District Court of Tulsa County. The City was represented by Danny Williams of Charney, Buss & Williams, and Julie Lombardi, General Counsel for the City of Owasso. After three days of trial, the jury returned a verdict in the amount of $27,000 for the landowner. Oklahoma State law provides that the landowner is entitled to recover all of their costs and fees in eminent domain actions, including attorney fees, if the differential between the commissioners' award and the jury award exceeds 10 %. In this case, the jury award clearly exceeded the commissioners' award by an amount in excess of 10 %. The landowner's attorney recently filed an Application for Costs and Fees with the court requesting costs and fees in the amount of $31,177.47. This amount includes attorney fees, fees paid to the appraiser and engineer hired by the landowner's attorney, deposition expenses and aerial photography expenses incurred in the preparation of trial exhibits. Judge Fitzgerald will schedule a hearing to determine the reasonableness of these requested costs and fees, and enter an order requiring the City to pay the amount of these costs and fees she determines to be reasonable and necessary. Judge Fitzgerald will then enter a Journal Entry of Judgment against the City for the total amount of compensation, costs and fees owed to Mr. McCarty. It should be noted that the jury, as well as the entirety of the jury pool brought into the courtroom for voir dire, was very hostile to the concept of condemnation. At one point, several jurors expressed their sentiments by stating "I think they should give the land back to them." Even after being instructed by the judge that the trial was only to determine the amount of damages to be paid, and not to determine the correctness of the use of condemnation in this case, the potential jurors reiterated their feelings. Although counsel for the City was allowed to strike any three potential jurors for any reason whatsoever, this was grossly insufficient to remove from the jury those who find eminent domain to be distasteful and unfair. It is presumed that much of this widespread feeling has been generated by the famed Kelo decision handed down by the United States Supreme Court almost two years ago. It would be a fair estimate to say that approximately 3/4 of the jurors summoned for voir dire in this case held strongly negative opinions regarding the use of eminent domain. In addition to the strong opposition to eminent domain manifested by the jurors, the City additional faced the severe consequences of the statutory "10% rule" imposed upon the City when the jury's award exceeded the commissioners' award by more than 10 %. It should be noted that this statutory requirement subjects a governmental entity to liability based upon two determinations of value over which the entity has no control: the fair market value determined by the commissioners and the compensation awarded by the jury. As a result, the condemnor has no control over whether or not it is required to pay the landowner's costs and fees, and, worse yet, is wholly unable to take any action whatsoever to avoid imposition of an award requiring them to do so. Various groups, including the Oklahoma Municipal League and INCOG's Legislative Consortium, have attempted to amend and reform the Oklahoma statutory scheme governing eminent domain actions within the last few years. Among other things, these groups have attempted to amend the "10 %" rule. Proposed amendments to this rule have sought to create equality under this statute by reciprocally requiring a landowner to pay the governmental entity's costs and fees if a jury's verdict is 10% lower than the commissioners' award, or to reform the rule so that the 10% differential is based upon the condemnor's last offer to the landowner and the jury's ultimate verdict. This would enable a governmental entity to make an attractive offer to the landowner prior to trial and only face liability for the landowner's costs and fees if the jury's verdict exceeded that offer by 10 %. However, all attempts to modify or amend the State's eminent domain laws in this regard have been defeated by the Legislature. CURRENT STATUS Staff is currently preparing for the hearing on the landowner's requested costs and fees. It is anticipated that Judge Fitzgerald will set this matter for a hearing within the next few weeks. Subsequent to that hearing, the court will enter a Journal Entry of Judgment against the City stating the exact amount owed by the City to Mr. McCarty. The Journal Entry of Judgment will be presented to the City Council for review, and Staff will additionally request authorization for payment of the judgment to Mr. McCarty at that time.