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Home My WebLink About2006.03.21_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: March 21, 2006 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 5:00 p.m. on Friday, March 17, 2006. Juliann M. Stevens, Administrative Assistant 1. Call to Order Mayor Craig Thoendel 2. Invocation John David Meisner, New Heights Church 3. Flag Salute 4. Roll Call S:AAgendasVC0u11cih2006A0321. doc Owasso City Council March 21, 2006 Page 2 5. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the March 6, 2006 Special Meeting and the March 7, 2006 Regular Meeting. Attachment # 5-A B. Approval of Claims. Attachment # 5-B C. Acknowledgement of receiving the monthly FY 2005-2006 budget status report. Attachment # 5-C D. Acceptance of the US Highway 169 Service Road (Owasso Expressway/Tyann Development) improvements consisting of 3,950 feet of concrete including curb, storm drainage, signage, and stripping located south of E. 96th Street North and east of U.S. Highway 169. Attachment # 5-D E. Acceptance of a donation from the Wal-Mart Foundation; approval of a budget amendment to the FY 2005-2006 General Fund increasing revenues in the amount of $3,000; and, a supplemental appropriation increasing expenditures in the amount of $1,500 within the Police Department Budget and in the amount of $1,500 within the Fire Department Budget. Attachment # 5-E S-\AgendasTowic i h2006\0321. doc Owasso City Council March 21, 2006 Page 3 6. The City Council will conduct a public hearing for the purpose of receiving citizen comments and input on the completed Community Development Block Grant (CDBG) FY 2003 Sidewalk Improvement Project which involved the repair and/or replacement of sidewalks in the original town target area; and, to receive recommendations on future community development needs within the City to be considered by the Owasso City Council in developing and approving a community development project to be submitted to the Oklahoma Department of Commerce for funding consideration under the FY 2006 Community Development Block Grant Program. Mr. Wiles A public hearing will be held for the purpose of receiving citizen comments and input regarding the completed FY 03' CDBG Sidewalk Improvement Project; and, to solicit public recommendations for the proposed FY 06' CDBG Sidewalk Improvement Project. 7. Consideration and appropriate action relating to a request for Council authorization of the Community Development Department to complete all closeout documents related to the Sidewalk Improvement Project under the CDBG 03, Small Cities Grant; and, authorization of the Mayor to execute all necessary closeout documents for transmittal to the Oklahoma Department of Commerce. Mr. Wiles Attachment #7 Staff will recommend Council acceptance of the completed CDBG 2003 Sidewalk Improvement Project, authorization for the Mayor to execute all necessary documents, and authorization for the Community Development Department to transmit closeout documents to the Oklahoma Department of Commerce. 8. Consideration and appropriate action relating to a request for Council authorization for the Mayor to execute a letter of intent to the Oklahoma Department of Commerce announcing the City's interest in participating in the CDBG Small Cities Set Aside Program for 2006. Mr. Wiles Attachment #8 Staff will recommend Council authorization for the Mayor to execute a letter of intent to the Oklahoma Department Commerce advising them of the city's interest in participating in the CDBG Small Cities Set Aside Program for 2006. S-AAgendasVCouncilA2006A0321.doc Owasso City Council March 21, 2006 Page 4 9. Consideration and appropriate action relating to a request for Council approval of rezoning request OZ 06-01, a request to rezone approximately 10 acres, more or less, from CS Commercial zoning to CG Commercial zoning, located 660' south of the intersection of E. 96th Street North and N. Garnett Road on the west side of N. Garnett Road. Mr. Wiles Attachment #9 Staff will recommend Council approval of rezoning request OZ 06-01. 10. Consideration and appropriate action relating to a request for Council approval of rezoning request OZ 06-02, a request to rezone approximately 3 acres, more or less, from AG Agricultural zoning to CS Commercial zoning, located south of E. 96th Street North, on the east side of N. 122°a East Avenue, immediately northeast of the Smith Farm Marketplace. Mr. Wiles Attachment # 10 Staff will recommend Council approval of rezoning request OZ 06-02. 11. Consideration and appropriate action relating to a request for Council approval of a final plat for Tyann Plaza IV. Mr. Wiles Attachment # I 1 Staff will recommend Council approval of the Tyann Plaza IV Final Plat, proposing a one - lot commercial subdivision containing 39,319 square feet, located south of E. 96th Street North and north of Home Depot. 12. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 837, an ordinance establishing minimum requirements for access gates for Gated Communities and Planned Unit Developments and providing for the registration and inspection of said access gates. Mr. Wiles Attachment # 12 Staff will recommend Council approval of Ordinance No. 837. S\AgendaslCounci1\2006\0321-doc Owasso City Council March 21, 2006 Page 5 13. Consideration and appropriate action relating to a request for Council approval to award a construction contract for the FY 2005-2006 Street Repair Project. Ms. Stagg Attachment # 13 Staff will recommend Council approval to award a contract for the construction of the FY 2005-2006 to Magnum Construction, Incorporated of Broken Arrow, Oklahoma in the amount of $98,536.00. 14. Consideration and appropriate action relating to a request for Council authorization for the City Manager to execute an agreement between the City of Owasso and Oklahoma Natural Gas Company for the purpose of gas facilities relocation within the Silver Creek Drainage Improvement Project; and, authorization of the City Manager to terminate such agreement in the event the total estimated costs should exceed $17,757.00. Ms. Stagg Attachment # 14 Staff will recommend Council authorization of the City Manager to execute an agreement for the relocation of gas facilities between the City of Owasso and Oklahoma Natural Gas Company for the Silver Creek Drainage Improvement Project; and, authorization of the City Manager to terminate the agreement in the event the total estimated costs should exceed $17,757.00. 15. Report from City Manager. 16. Report from City Attorney. 17. Report from City Councilors. Sc\rlgendasCounci I\2006\0321.doc Owasso City Council March 21, 2006 Page 6 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. S \Agendas\Council\200610321.doc OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Monday, March 6, 2006 The Owasso City Council met in a special meeting on Monday, March 6, 2006 in the Lower Level Conference Room at City Hall, 1 I 1 N. Main Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 12:00 PM on Thursday, March 2, 2006. ITEM 1: CALL TO ORDER. Mayor Thoendel called the meeting to order at 10:05 AM. PRESENT ABSENT Craig Thoendel, Mayor Wayne Guevara, Councilor Steve Cataudella, Vice Mayor Susan Kimball, Councilor Brent Colgan, Councilor A quorum was declared present. ITEM 2: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO 2006-07 A RESOLUTION APPROVING ACTION TAKEN BY THE OWASSO PUBLIC WORKS AUTHORITY AUTHORIZING ISSUANCE SALE AND DELIVERY OF A PROMISSORY NOTE OF THE AUTHORITY TO THE OKLAHOMA WATER RESOURCES BOARD; RATIFYING A CERTAIN LEASE AS —AMENDED__- AUTHORIZING DOCUMENTS PERTAINING TO A YEAR-TO-YEAR PLEDGE OF CERTAIN SALES TAX REVENUE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. Vice Mayor Cataudella moved, seconded by Councilor Colgan, to adopt Resolution No. 2006- 07. The motion carried 4-0. Owasso City Council March 6, 2006 ITEM 3: ADJOURNMENT Councilor Colgan moved, seconded by Councilor Kimball, to adjourn the meeting. The motion carried and the meeting was adjourned at 10:07 AM. Craig Thoendel, Mayor N OWASSO CITY COUNCIL, MINUTES OF REGULAR MEETING Tuesday, March 7, 2006 The Owasso City Council met in regular session on Tuesday, March 7, 2006 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, March 3, 2006. ITEM 1. CALL TO ORDER The meeting was called to order at 6:31 p.m. ITEM 2. INVOCATION The invocation was offered by Taud Boatman of the First United Methodist Church. ITEM 3. FLAG SALUTE Councilor Brent Colgan led the flag salute. R�DJIWVN PRESENT Steve Cataudella, Vice Mayor Brent Colgan, Councilor Susan Kimball, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney ABSENT Craig Thoendel, Mayor Wayne Guevara, Councilor Vice Mayor Cataudella invited Naomi Vallierc, Membership Executive of Magic Empire Council, and members of Girl Scout Troops 762, 582, 79 and 701 to the front of Chambers and then read a proclamation stating in celebration of the 94`h birthday of the Girl Scouts, the City of Owasso does proclaim the week of March 12-18, 2006 as Girl Scouts of the USA Week in the City of Owasso. Vice Mayor Cataudella introduced Mark Ogle, Red Cross Service Center Director, and read a proclamation recounting the many services the Red Cross provides and proclaiming March, 2006 as American Red Cross Month in the City of Owasso. Owasso City Council March 7, 2006 ITEM 6. PRESENTATION OF THE CHARACTER TRAIT OF TOLERANCE Police Chief Yancey presented to the Council `Tolerance', the character trait of the month for March, 2006. ITEM 7. PRESENTATION OF THE CITY OF OWASSO EMPLOYEE OF THE MONTH Mr. Ray introduced Captain John Bishop of the Owasso Fire Department as the City of Owasso Employee of the Month for March, 2006. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the February 14, 2006 Special Meeting and the February 21, 2006 Regular Meeting. B. Approval of Claims. C. Approval of Ordinance No. 841 - Amended, annexation request OA 05-09, containing approximately 27.69 acres, more or less, located southwest of the intersection of East 961h Street North and North 145t1' East Avenue. D. Approval of Ordinance No. 843, an ordinance approving annexation request OA 06-01, containing 13 properties along the north side of East 96th Street North between North 129th East Avenue and North 145th East Avenue. E. Approval of Ordinance No. 844, an ordinance approving annexation request OA 06-01, containing 28 properties along the south side of East 96th Street North between North 1291h East Avenue and North 145th East Avenue. F. Approval of Ordinance No. 845, annexation request OA 06-02, containing approximately 0.23 acres, more or less, located on the southeast corner of East 103rd Street North and the Owasso Expressway, Mr. Colgan moved, seconded by Ms. Kimball, to approve the Consent Agenda with claims totaling $333,468.10, self-insurance medical claims & fees totaling $65,271.94 and payroll claims totaling $326,732.51. YEA: Cataudella, Colgan, Kimball NAY: None Motion carried 3-0. 2 Owasso City Council March 7, 2006 ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF ORDINANCE NO. 837, AN ORDINANCE ESTABLISHING MINIMUM REQUIREMENTS FOR ACCESS GATES FOR GATED COMMUNITIES AND PLANNED UNIT DEVELOPMENTS AND PROVIDING FOR THE REGISTRATION AND INSPECTION OF SAID ACCESS GATES Mr. Ray recommended, due to the absence of two City Council members, that this item be tabled until a future regular scheduled meeting date. Mr. Colgan moved to table this item until a future date, seconded by Ms. Kimball. YEA: Cataudella, Colgan, Kimball NAY: None Motion carried 3-0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A BID AWARD FOR THE PURCHASE OF VIDEO SURVEILLANCE EQUIPMENT AS PART OF THE SECURITY CAMERA SYSTEM PROJECT Chief Yancey presented the item. Ms. Kimball moved, seconded by Mr. Colgan, for Council approval of a bid award for the purchase of video surveillance equipment to RGR Security Solutions LLC of Tulsa, Oklahoma in the amount of $37,900.00. YEA: Cataudella, Colgan, Kimball NAY: None Motion carried 3-0. ITEM 11. CONSIDERATION . • ♦• ': APPROPRIATE ♦ , RELATING 1 TO 1 REQUEST FOR COUNCIL APPROVAL OF CONTRACTS FOR AN INTEREST IN REAL PROPERTY FOR THE PURPOSE OF ACQUIRING EASEMENTS FOR THE 106" STREET NORTH WATER TRANSMISSION LINE PROJECT FROM SHERIDAN TO MINGO, AUTHORIZATION •,.R THE MAYOR .: EXECUTE ALL NECESSARY DOCUMENTSRELATINGi• THE PURCHASE, ], AUTHORIZATION FOR PAYMENT Ms. Lombardi presented the item. Mr. Colgan moved, seconded by Ms. Kimball, for Council approval of a contract between the City of Owasso and A.F. Guy for the purchase of 675 square feet of permanent and 450 square feet of temporary easement in the amount of $433.00, authorization for the Mayor to execute all necessary documents relating to the purchase, and authorization for payment. 3 Owasso City Council March 7, 2006 YEA: Cataudella, Colgan, Kimball NAY: None Motion carried 3-0. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION REQUEST FOR COUNCIL APPROVAL OF A APPROPRIATION INCREASING EXPENDITURES DEVELOPMENT PURPOSES RELATING TO A SUPPLEMENTAL FOR ECONOMIC Mr. Ray presented the item, stating Staff recommendation that funds for this appropriation come from the General Fund. Ms. Kimball stated that she had reviewed Ordinance No. 699 and felt strongly that the funds used to pay economic development expenses should come from the Hotel/Motel Tax Fund. Mr. Cataudella and Mr. Colgan voiced their agreement. Ms. Kimball then moved to approve a supplemental appropriation using funds from the Hotel/Motel Tax Fund increasing expenditures for economic development purposes. Mr. Colgan seconded the motion. YEA: Cataudella, Colgan, Kimball NAY: None Motion carried 3-0. ITEM 13. REPORT FROM CITY MANAGER. Crew ITEM 14, REPORT FROM CITY ATTORNEY None Councilor Kimball congratulated Marcia Eoutwell on receiving double honors, being named both Sertoman of the Year and District Sertoman of the Year. Councilor Cataudella mentioned that Susan Kimball had also been recently honored as the recipient of Owasso Sertoma Club's Service to Mankind award. ITEM 16. NEW BUSINESS None 4 Owasso City Council _March 7, 2006 ITEM 17. ADJOURNMENT Mr. Colgan moved, seconded by Ms. Kimball, to adjourn. YEA: Cataudella, Colgan, Kimball NAY: None Motion carried 3®0 and the meeting was adjourned at 7:14 p.m. Pat Fry, Minute Clerk Craig Thoendel, Mayor CITY OF OWASSO CLAIMS TO BE PAID 03/21/06 VENDOR DESCRIPTION AMOUNT AEP/PSO STREET LIGHTS 10.49 TREASURER PETTY CASH AC REFUND 20.00 TREASURER PETTY CASH CC REFUND 50.00 TREASURER PETTY CASH REFUND-P. COOPER 50.00 REFUND TOTAL 130.49 SAV-ON PRINTING & SIGNS PRINTING 442.05 TPI BILLING SOLUTIONS WARRANT COLLECTIONS 812.65 TPI BILLING SOLUTIONS WARRANT COLLECTIONS 515.35 TPI BILLING SOLUTIONS WARRANT COLLECTIONS 938.65 OKLAHOMA MUNICIPAL LEAGUE ANNUAL DUES-HILSABECK 35.00 MUNICIPAL COURT DEPT TOTAL 2,743.70 TREASURER PETTY CASH CITY MGR EXPENSE 565.61 OFFICE DEPOT OFFICE SUPPLIES 35.65 CARD CENTER BOOKS 21.65 FUELMAN FUEL CHARGES 165.74 CINGULAR WIRELESS PHONE USE -RAY 93.86 CINGULAR WIRELESS PHONE USE -RAY 79.93 OKLA TRANSPORTATION AUTHORITY PIKE PASS 23.65 REASORS MEETING EXPENSES 23.15 SAMS CLUB OPERATING SUPPLIES 33.16 TREASURER PETTY CASH COUNCIL WORK SESSION 95.73 TREASURER PETTY CASH TALENT BANK FORUM 33.83 WEST PAYMENT CENTER MONTHLY CHARGES 418.00 TULSA METRO CHAMBER OF COMMERCE LEGISLATIVE SESSION 75.00 TREASURER PETTY CASH EMPLOYEE APPRECIATION 25.00 MANAGERIAL DEPT TOTAL 1,689.96 CRAWFORD & ASSOCIATES PC AUDIT FY 2005 940.57 LANDMARK BUSINESS SYSTEMS CALCULATOR REPAIR 60.00 TREASURER PETTY CASH MILEAGE-FENNELL/HESS 25.81 FINANCE DEPT TOTAL 1,026.38 OFFICE DEPOT OFFICE SUPPLIES 7.78 INTEGRITY FOCUS CHARACTER CONSULTATION 1,165.00 MCAFEE & TAFT CONTRACT REVIEW 584.86 DANIEL JOHNSTON PSA RECORDING 1,235.00 VIDEO REVOLUTIONS PSA DUBBING/TAPES 170.92 COMMUNITYCARE HMO EAP SERVICES 165.00 NEIGHBOR NEWSPAPERS EMPLOYMENT ADVERTISING 82.50 THE WICHITA EAGLE EMPLOYMENT ADVERTISING 216.44 WORLD PUBLISHING COMPANY EMPLOYMENT ADVERTISING 78.19 WORLD PUBLISHING COMPANY EMPLOYMENT ADVERTISING 386.50 KANSAS CITY START EMPLOYMENT ADVERTISING 304.40 URGENT CARE OF GREEN COUNTRY PRE -EMPLOYMENT TESTING 111.00 REASORS MEETING EXPENSES 35.58 TREASURER PETTY CASH CHAMBER LUNCHEON 14.00 FINANCIAL EQUIPMENT FOLDING MACHINE 700.00 HUMAN RESOURCE DEPT TOTAL 5,257.17 VENDOR DESCRIPTION AMOUNT PITNEY BOWES POSTAGE SUPPLIES 239.98 CINTAS CORPORATION MAT SERVICE 32.15 CINTAS CORPORATION MAT SERVICE 32.65 AMERICAN WASTE CONTROL REFUSE SERVICE 129.00 AEP/PSO 02/06 USE 3,184.82 VVEC RENTAL 2.28 OKLAHOMA NATURAL GAS 02/06 USAGE 1,863.08 NEIGHBOR NEWSPAPERS LEGAL NOTICES 216.00 NEIGHBOR NEWSPAPERS LEGAL NOTICES 480.00 SOUTHWESTERN BELL PHONE USE 208.95 TREASURER PETTY CASH STAGE 12.16 TULSA COUNTY CLERK FILING FEES 180.00 TREASURER PETTY CASH LICENSE TAG 25.00 TREASURER PETTY CASH FILING FEES 20.00 MCCi DOCUMENT MGMT SOFTWARE 18,109.00 GENERAL GOVERNMENT DEPT TOTAL 24,735.07 OFFICE DEPOT OFFICE SUPPLIES 146.51 TREASURER PETTY CASH DECORATIONS 32.23 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 158.58 TREASURER PETTY CASH CAR WASH-DEMPSTER 5.00 TREASURER PETTY CASH VEHICLE WASH 5.00 FUELMAN FUEL CHARGES 241.30 NEIGHBOR NEWSPAPERS ANNEXATION NOTICE 396.00 VIDEO REVOLUTIONS VIDEO CAMERA REPAIR 135.00 TULSA COUNTY MIS DIAL UP SERVICE 60.00 CINGULAR WIRELESS PHONE USE 63.48 INTERNATIONAL CODE COUNCIL MEMBERSHIP DUES 100.00 COMMUNITY DEVELOPMENT DEPT TOTAL 1,343.10 CARTRIDGE WORLD INKJET CARTRIDGE 25.00 TRAFFIC & PARKING CONTROL CO HAND HELD STRIPER 75.06 WATER PRODUCTS HYDRANT WRENCH 24.90 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 7.57 FUELMAN FUEL CHARGES 280.33 TREASURER PETTY CASH MILEAGE-DEARING 109.74 ENGINEERING DEPT TOTAL 522.60 HOUGHTON, TIM TUITION REIMBURSEMENT 143.40 OFFICE DEPOT OFFICE SUPPLIES 126.73 CARD CENTER JUPITER IMAGES 59.95 SCOTT MCKINNEY NETWORK CONSULTING 280.00 CARD CENTER TRAVEL-WILSON 628.29 STRATEGIC CONSULTING INTERNATIONAL GIS IMPLEMENTATION 4,000.00 INFORMATION SYSTEMS DEPT TOTAL 5,238.37 OFFICE DEPOT OFFICE SUPPLIES 29.47 MURPHY SANITARY SUPPLY OPERATING SUPPLIES 205.45 WAL-MART COMMUNITY OPERATING SUPPLIES 7.88 SAMS CLUB OPERATING SUPPLIES 168.49 LOWES PHYSICAL PROPERTY SUPPLIES 441.96 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 171.20 VENDOR DESCRIPTION AMOUNT FUELMAN FUEL CHARGES 263.73 FLYNN'S PEST CONTROL PEST CONTROL SERVICE 110.00 SCHINDLER ELEVATOR QTR BILLING -ELEVATOR SERVICE 582.87 COX COMMUNICATIONS INTERNET FEES-OC 69.95 FUELMAN FUEL CHARGES 155.62 SOUTHWESTERN BELL PHONE USE 134.05 CARD CENTER APCO-MEMBERSHIP 83.00 CARD CENTER TRAVEL -WHITE 628.29 SUPPORT SERVICE DEPT TOTAL 3,0 11.96 ESTES, INC CHEMICALS 771.34 AEP/PSO 02/06 USE 15.99 VVEC CEMETERY USAGE 13.71 CEMETERY DEPT TOTAL 801.04 OWASSO FOP LODGE #149 LEGAL DEFENSE FY 06 122.50 OFFICE DEPOT SCANNER CLEANING WIPES 9.98 ONYX CORPORATION TONER CARTRIDGE 54.95 OFFICE DEPOT OFFICE SUPPLIES 200.49 SAV-ON PRINTING & SIGNS LABELS 20.00 REASORS UNDERCOVER SUPPLIES 7.89 WAL-MART COMMUNITY LIGHTBAR FUSES 5.94 SAMS CLUB OPERATING SUPPLIES 66.31 GALL'S INC PROTECTIVE VEST 292.39 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 792.11 FUELMAN FUEL CHARGES 5,366.26 HOWARD E STAMPER RADIO REPAIR SERVICES 150.00 OWASSO FITNESS ZONE PHYSICAL FITNESS PROGRAM 90.00 OKLAHOMA STATE UNIVERSITY CAREER FAIR 50.00 TULSA REGIONAL MEDICAL CENTER LAB TESTING 30.58 THE UNIVERSITY OF TULSA METRO JOB FAIR 75.00 AEP/PSO 02/06 USE 1,910.68 OKLAHOMA NATURAL GAS 02/06 USAGE 522.08 TOTAL RADIO RADIO REPAIRS 474.40 YALE CLEANERS UNIFORM CLEANING 1,089.13 CINGULAR WIRELESS PHONE USE-YANCEY 77.72 CINGULAR WIRELESS PHONE USE 209.29 SOUTHWESTERN BELL PHONE USE 38.95 TREASURER PETTY CASH PARKING 5.00 COMPU AMERICA SCANNER 4,031.70 POLICE DEPT TOTAL 15,693.35 CDW GOVERNMENT VOICE RECORDER DISKS 163.99 ONYX CORPORATION TONER CARTRIDGE 27.95 WAL-MART COMMUNITY LIGHT BULBS/FANS 52.52 WAL-MART COMMUNITY PRISONER MEALS 307.90 SAMS CLUB OPERATING SUPPLIES 70.50 TRAVIS VOICE & DATA VOICE RECORDER REPAIR 867.00 TOTAL RADIO RADIO MAINT CONTRACT 675.00 DEPARTMENT OF PUBLIC SAFETY OLETS RENTAL 350.00 OWASSO TRAVEL SERVICE AIRFARE/HOTEL 326A8 BILLY ALLEN REIMBURSE CAR RENTAL 157.24 TREASURER PETTY CASH PER DIEM-ALLEN 98.00 PRO/FILE SYSTEMS LISA LONG ALLIANCE MEDICAL STRATHE VETERINARY HOSPITAL JOE'S PRINT SHOP WAL-MART COMMUNITY SAMS CLUB PATROLTECHNOLOGY CITY GARAGE CITY OF OWASSO FUELMAN STRATHE VETERINARY HOSPIT CITY OF TULSA DEPT OF FINANCE AEP/PSO SOUTHWESTERN BELL MAACO COLLISION REPAIR & AUTO PAINTING OFFICE DEPOT SAMS CLUB TREASURER PETTY CASH LENOX WRECKER SERVICE CITY GARAGE CITY OF OWASSO FUELMAN AEP/PSO OKLAHOMA NATURAL GAS TAYLORMADE LOCK & KEY CULLIGAN OF TULSA SOUTHWESTERN BELL CINGULAR WIRELESS OWASSO FITNESS ZONE TEXAS ENGINEERING EXTENSION SERVICE VINEYARD COURT OKLA TRANSPORTATION AUTHORITY VVEC AEP/PSO SOUTHWESTERN BELL BROWN FARMS SOD TREASURER PETTY CASH HOLLIDAY SAND & GRAVEL UNIFIRST HOLDINGS GEORGE & GEORGE SAFETY AND GLOVE TULSA COUNTY TULSA COUNTY BOCC CITY GARAGE CITY OF OWASSO FUELMAN ATWOODS AEP/PSO AEP/PSO DESCRIPTION DISPATCHER CHAIR 1,215.00 POLICE COMMUNICATIONS DEPT TOTAL 4,311.58 TUITION REIMBURSEMENT 456.00 RUBBER GLOVES 78.17 SHELTER SUPPLIES 137.50 PRINTING 24.00 BATTERIES 9.76 OPERATING SUPPLIES 125.83 UNIFORM REPLACEMENT 103.00 VEHICLE MAINT 320.20 FUEL CHARGES 90.55 EUTHANASIA SERVICE 30.00 EUTHANASIA SERVICES 96.00 02/06 USE 625.33 PHONE USE 38.96 VEHICLE PAINTING 750.00 ANIMAL CONTROL DEPT TOTAL 2,885.30 OFFICE SUPPLIES 118.25 OPERATING SUPPLIES 88.40 MTG EXPENSE 9.00 LADDER TRUCK 351.00 VEHICLE MAINT 347.78 FUEL CHARGES 1,244.58 02/06 USE 709.19 02/06 USAGE 2,914.72 LOCK REPLACEMENT/REKEYING 40.00 WATER/COOLER 16.25 PHONE USE 225.37 CELL PHONE USE-CHEIFS 341.54 GYM/EQUIPMENT USE 195.00 TRAINING-WAKLEY 330.00 LODGING-WAKLEY 297.00 PIKE PASS 19.80 FIRE DEPT TOTAL 7,247.88 STORM SIRENS 24.80 02/06 USE 136.32 PHONE USE 19.47 EMERGENCY PREPAREDNESS DEPT TOTAL 180.59 SOD 200.00 PPLIES 2.33 CHEMICALS/SAND 150.39 UNIFORMS/PROT CLOTHING 49.97 UNIFORMS/PROT CLOTHING 43.40 TRAFFIC/STREET SIGN REPLACEMENT 358.40 VEHICLE MAINT 1,666.48 FUEL CHARGES 1,040.23 SHOVEL/CHAIN 62.79 02/06 USE 1,428.73 STREET LIGHTS 6,223.59 VENDOR DESCRIPTION AMOUNT EQUIPMENT ONE RENTAL & SALES RENTAL -TILLER 18.00 SOUTHWESTERN BELL PHONE USE 23.51 STREETS DEPT TOTAL 11,267.82 ATWOODS TRASH BAGS/OIL/LOCKS 61.85 BROWN FARMS SOD SOD 1,450.00 LOWES TRASH BAGS 25.11 ESTES, INC CHEMICALS 2,303.28 UNIFIRST HOLDINGS UNIFORMS/PROT CLOTHING 71.86 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS/PROT CLOTHING 43.40 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 467.14 TULSA NEW HOLLAND PARTS -SICKLE BAR/BRUSH HOG 141.74 FUELMAN FUEL CHARGES 526.76 ESTES, INC SPRAYER/PARTS 164.00 GRAINGER STENCIL LETTERING 40.82 STORMWATER MAINT DEPT TOTAL 5,295.96 LOWES HOLLY BUSHES 65.88 SPRING CREEK NURSERY TREES 220.00 MURPHY SANITARY SUPPLY RESTROOM SUPPLIES 895.30 OWASSO GIRLS SOFTBALL ASSOC WASTE DISPOSAL MATCH 2O0.00 LOWES TRAFFIC PAINT/STRIPES 15.97 ATWOODS TOOLS/PADLOCKS/PAINT 80.02 A N Z SIGNS SIGNS 50.00 ATWOODS SAW BLADES/BOLTS 8.47 LOCKE SUPPLY SUPPLIES 1.28 ATWOODS ROPE/BOLTS/HOSE CLAMP/GAS CAN 37.54 LOWES SUPPLIES 13.12 MURPHY SANITARY SUPPLY DISPENSER 19.05 PANNELL/ASSOCIATES PARTS 13.95 UNIFIRST HOLDINGS UNIFORM CLEANING/RENTAL 59.16 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 33.37 FUELMAN FUEL CHARGES 222.92 AEP/PSO 02/06 USE 1,148.36 OKLAHOMA NATURAL GAS 02/06 USAGE 193.43 SOUTHWESTERN BELL PHONE USE 72.88 L & S DEDMON TRUCKING AGGREGATE/SAND 850.00 PARKS DEPT TOTAL 4,200.70 OFFICE DEPOT OFFICE SUPPLIES 290.53 WAL-MART COMMUNITY CLEANING SUPPLIES 262.75 MURPHY SANITARY SUPPLY PAPER GOODS 133.00 SAMS CLUB OPERATING SUPPLIES 88.45 FUELMAN FUEL CHARGES 143.34 AEP/PSO 02/06 USE 636.28 OKLAHOMA NATURAL GAS 02/06 USAGE 1,063.14 SOUTHWESTERN BELL PHONE USE 126.05 COMMUNITY CENTER DEPT TOTAL 2,743.54 OFFICE DEPOT OFFICE SUPPLIES 11.39 LOWES FLOOD LIGHTS 23.88 AEP/PSO 02/06 USE 80.26 OKLAHOMA NATURAL GAS 02/06 USAGE 287.39 VENDOR DESCRIPTION AMOUNT BENCHMARK ROOFING ROOF REPAIR 740.00 TRIAD PRINTING BROCHURE PRINTING 84.22 SOUTHWESTERN BELL PHONE USE 22.26 HISTORICAL MUSEUM DEPT TOTAL 1,249.40 FUELMAN FUEL CHARGES 80.21 CINGULAR WIRELESS PHONE USE-HAYES 93.87 CINGULAR WIRELESS PHONE USE-HAYES 79.94 TREASURER PETTY CASH MTG EXPENSE-HAYES 19.08 TULSA METRO CHAMBER OF COMMERCE LEGISLATIVE RECEPTION 25.00 ECONOMIC DEVELOPMENT DEPT TOTAL 298.10 GENERAL FUND TOTAL 101,914.06 MEDICARE/REFUNDS REFUND #7190 272.22 MEDICAL COMPLIANCE SPECIALTY BIO-WASTE DISPOSAL 252.00 MEDTRONIC AMBULANCE SUPPLIES 192.00 ATC FREIGHTLINER GROUP AMBULANCE REPAIR 2,203.86 ATC FREIGHTLINER GROUP AMBULANCE PARTS 232.74 FUELMAN FUEL CHARGES 1,474.53 CINGULAR WIRELESS CELL PHONE USE -MEDIC 1/II 104.99 MEDICLAIMS MONTHLY SERVICES 3,791.87 OKLA STATE DEPT OF HEALTH RECERTIFICATION FEES 300.00 NATIONAL REGISTRY OF EMTS RECERTIFICATION FEES 300.00 AMBULANCE SERVICE FUND TOTAL 9,124.21 SOUTHWESTERN BELL E911 FEES 1,858.86 E-911 FUND TOTAL 1,858.86 GARVER ENGINEERS ENGINEERING SERVICES 10,000.00 PSA-DEWBERRY ENGINEERING SERVICES 10,000.00 KEYSTONE SERVICES DRAINAGE SITE IMPROVEMENTS 98,801.14 CAPITAL IMPROVEMENTS FUND TOTAL 118,801.14 TOTAL RADIO VHF RADIOS 1,902.71 FIRE CAPITAL FUND TOTAL 1,902.71 O'REILLY AUTOMOTIVE SHOP SUPPLIES 31.09 LOWES STEPLADDER 29.00 WAL-MART COMMUNITY OPERATING SUPPLIES 7.43 SAMS CLUB OPERATING SUPPLIES 17.19 O'REILLY AUTOMOTIVE PARTS FOR RESALE 751.27 OK TRUCK SUPPLY PARTS FOR RESALE 75.50 J & R EQUIPMENT PARTS FOR RESALE 650.02 CROW BURLINGAME COMPANY PARTS FOR RESALE 41.13 AMERICAN HOSE & SUPPLY PARTS FOR RESALE 114.12 ENLOW TRACTOR PARTS -TRACTOR 70.90 T & W TIRE TIRES 791.04 UNITED ENGINES PARTS FOR RESALE 59.80 CLASSIC CHEVROLET PARTS FOR RESALE 1,039.48 TULSA NEW HOLLAND PARTS-BACKHOE 240.33 QUIKSERVICE STEEL STEEL PARTS FOR RESALE 83.23 era'. DITCH WITCH OF TULSA AEP/PSO OKLAHOMA NATURAL GAS SOUTHWESTERN BELL LENOX WRECKER SERVICE PPO SOLUTIONS CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT COX, ROBERTA & FARMERS INSURANCE GROUP DESCRIPTION CARBURETOR 322.04 02/06 USE 785.22 02/06 USAGE 1,087.17 PHONE USE 38.94 TOWING-WWTP TRUCK 96.00 CITY GARAGE FUND TOTAL 6,330.90 THIRD PARTY ADMIN FEES 1,450.00 WORKERS COMPENSATION MEDICAL 657.59 WORKERS COMPENSATION MEDICAL 3,213.49 WORKERS COMPENSATION TTD CLAIMS 981.50 WORKERS COMPENSATION SETTLEMENTS 474.00 WORKERS COMPENSATION SETTLEMENTS 1,686.64 WORKERS COMP FUND TOTAL 8,463.22 TORT CLAIM #TR-06-005 3,368.94 SELF INSURANCE FUND TOTAL 3,368.94 GENERAL FUND TOTAL 251,764.04 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 3/4/2006 Department Overtime Expenses Total Expenses Municipal Court 0.00 3,946.91 Managerial 20.66 15,346.37 Finance 0.00 16,066.92 Human Resourses 0.00 6,243.54 Community Development 0.00 11,912.89 Engineering 0.00 12,646.32 Information Systems OAO 9,326.29 Support Services 381.09 7,415.32 Police 3273.32 103,640.74 Central Dispatch 892.55 9,228.68 Animal Control 0.00 2,892.44 Fire 3,170.44 73,932.85 Emergency Preparedness 0.00 1,787.44 Streets 1,156.68 8,402.61 Stormwater/ROW Maint. 0.00 ' 8,937.72 Park Maintenance 0.00 7,592.55 Community -Senior Center 0.00 4,702.29 Historical Museum 0.00 2,481.92 Economic Development 0.00 3,885.56 General Fund Total $8,894.74 $310,389.36 Garage Fund Fund Total $0.00 $4,936.15 Ambulance Fund Fund Total $1,056.80 $18,938.29 Emergency 911 Fund Fund Total $382.53 CITY OF OWASO HEALTHCARE"A' t VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICE VISION DEPT TOTAL 26,788.84 12,497.07 14,521.05 20,374.59 74,181.55 2,900.80 2,671.80 1,656.55 7,229.15 2,593.32 2,593.32 84,004.02 CITY OF OWASSO GENERALFUND FISCAL YEAR 2005-2006 Statement of Revenues & Expenditures As of February 28, 2006 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTAL REVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay TOTAL EXPENDITURES TRANSFERS IN (OUT): Transfers in Transfers out TOTALTRANSFERS FUND BALANCE (GAAP Basis) Beginning Balance Ending Balance Beginning Balance Ending Balance MONTH YEAR TO -DATE TO -DATE $ 1,364,116 $ 9,135,900 31,869 234,754 89,076 321,218 20,365 142,688 93 217,166 11,989 176,023 1,517,508 10,227,749 603,754 5,211,733 57,344 370,812 153,399 717,068 67,928 671,836 882,425 6,971,448 635,084 3,256,301 PERCENT $ 13,982,500 65.34% 402,000 58.40% 509,729 63.02% 187,360 76.16% 322,500 67.34% 120,428 146.16% 15,524,517 65.88% 8,341,970 62.48% 568,520 65.22% 1,075,309 66.68% 1,997,213 33.64% 11,983,012 58.18% 3,541,505 91.95% 824,334 5,736,565 8,748,000 65.58% (1,232,565) (8,572,752) (13,541,850) 63.31% (408,232) (2,836,187) (4,793,850) 59.16% 226,852 420,113 (1,252,345) 4,110,132 $ 4,530,245 3,119,391 3,119,391 $ 3,539,504 $ 1,867,046 TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO `4 f FROM. ANA STAGG, P.E% DIRECTOR OF I' LfC WORDS SUBJECT: ACCEPTANCE OF ROADWAY IMPROVEMENTS U.S. HIGHWAY 169 SERVICE ROAD OWASSO EXPRESSWAY/TYANN DEVELOPMENT DATE: March 15, 2006 BACKGROUND: The subject roadway improvement is located southeast of East 96"' Street North and U.S. Highway 169 (see attached map). The roadway consists of approximately 3,950 feet of concrete roadway improvements to include curb, storm drainage, signage, and stripping. FINAL INSPECTIONS: Final inspection for the roadway was conducted on March 15, 2006. All items identified at the final inspection requiring correction to allow for the opening of the road have been completed. All additional items are to be completed prior to commencement of payback. The construction contractor has provided the required two-year maintenance bond for the roadway and a one-year maintenance bond for the storm drainage system. RECOMMENDATION: Staff recommends Council acceptance of the U.S. Highway 169 Service Road Owasso Expressway/Tyann Development improvements. ATTACHMENTS: A. Location Map B. Maintenance Bonds ATTACHMENT Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK '74055 91$.272.4959 www.cityofowassc).com 0 TYANN COMMERCIAL CENTER LOCATION MAP 4 Maintenance Bond PRIVATELY Y 14INAN(�TA) PUBLIC IMPROVEMENTS Bond No: KNOVki ALI, MI:N BY T11111"S1', PlU'1Sl_1,'NTS, "That vkc 11y'/\ t ('O ` I Est;( I IG'`: (;3). as Principal (Contractor), and U111O C ; ` 1'. d 1 `r' Surct� arc held and Iirnnl) bound unto the City of ()vvassu. (AI: 111011a. a5 Obligee, in the penal sum of S1.V1;N 11t NDR1_1) 1 111IM' 'l l lltl .l' "I't l0l IIUNDRI�;I) I](_111] Y 1 I11Z1], AND 16 100--__(�73>,>85.16)to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators. successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of 'TWO YEARS after final approval of the TYANN PLAZA I SFRVIC1. 10,'M) ,VM ) MDI'.M//U:K, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED. SEALED, AND DATED: I'IiJfl,�l JAIRY 27, 2006 IIZA M. (:JTRI;I N CONSTRUCTION CO. Principal BY: COMPANY, Surety �) Attorney- in -Fact NIaintcnance Bond PRIVA' FILY FINANCED PUBLIC IMPROVEMENTS Bond No: .",-9O6- 4X KNOW ALI, MFN 13Y hI-IL'SI? PIZESENhS, That we IRA M. CiRld"N f'ONS"( IZ( C ` 1 101t CO. as Principal (Contractor), and Ol O CAStiAL] Y INY. RANC] as Surety, are held and firmly bound unto the City of Owasso, Oklahoma; as Obligee, in the penal sum of I;LCilITY TI11yI;1, T1IOI S_ANI-), ONI�" III N1)IZI"I) SIX'I 164.0O)to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WI-IFIZFAS. the Principal will furnish a bond conditioned to guarantee, for the period of ():v1, YEAR after linal approval of the l Y\NN 111..Ai A I Sl°;RVlC_'I RC) ,.l) S lW;v%]N<VJIa privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW. THEREFORE, THE CONDITION OF TLIIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: FI.1Wt k'Y 27. 2006 t I< 1.N CONS I'IZJ;VTION CO. Principal 01 111() C;\St :\l . l Y INSt J\'ANC1` C'OykP,\NY, Surety Attorney -in -Fact TO: THE HONORABLE • AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J. RAY CITY MANAGER DATE: March 16, 2006 The City of Owasso has received a donation from the Wal-Mart Foundation through the assistance of Mr. Marty Cooper. The donation is in the amount of $3,000 and is to benefit local police and fire departments. Mr. Cooper has requested that the donation be divided equally between the police and fire departments. As the grant was not included in the current fiscal year 2005-2006 budget, a supplemental appropriation is needed in order to utilize those funds. There are no matching fund requirements, so the supplemental appropriation provides equal increases in both revenues and expenditures. This budget change would have no net effect on the financial condition of the City. Staff recommends City Council acceptance of the donation from the Wal-Mart Foundation and approval of a budget amendment to the General Fund, increasing the estimate of revenues by $3,000, as well as the approval of a supplemental appropriation, increasing expenditures in the General Fund's Police and Fire Departments by $1,500 each. TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR CDBG CLOSEOUT SIDEWALK IMPROVEMENT PROGRAM - FYJ DATE: March 15, 2006 By virtue of its size, the City of Owasso receives Community Development Block Grant (CDBG) funds each year, contingent upon the approval of the grant application that the City must make on an annual basis. The Oklahoma Department of Commerce (ODOC) administers these funds as part of its " Small Cities set -aside program". For the FY ' 03 CDBG project, the City used the grant monies to improve sidewalks in an area between 76" Street and 86`h Street, from Highway 169 west to Atlanta Street. For that project year, the grant amount totaled $67,132. The FY ' 03 project sidewalk improvements included sidewalk construction, sidewalk repairs, ADA ramp construction, and the elimination of tripping hazards. The work was performed along several streets in the target area. The total cost of the 2003 project was $134,264. $67,132 of this cost was covered by the grant, and $67,132 was paid by the City as the matching requirement. The FY ' 03 CDBG project has been completed. Now, closeout documents for the project need to be prepared and submitted to ODOC. In order to make the submittal official, the City Council must authorize the completion of the closeout documents and authorize the Mayor to execute them. A final requirement for the closeout of the FY ' 03 project is that the City Council hold a public hearing to invite and hear any citizen comments regarding the work that was performed under the grant. RECOMMENDATION: The staff recommends Council authorization of the completion and execution of all closeout documents related to 10997 CDBG 03, Small Cities Grant for transmittal to the Oklahoma Department of Commerce. Further, the staff recommends that the Council hold a public hearing to invite citizen comment on the work that was completed under the 10997 CDBG 03 grant. 1. Map showing sidewalk improvements accomplished under CDBG 03 2. Closeout documents IN m Ul OWUN.,U PLlhl"K: WOlim, IN:111LUMMIL Uogin;:mirig DIV. P.O. 180 918.2-2.49259 w. t:11 VoRAVU 1.10,C01 D REPAIRS ['RIP I ZARDS I Attachment 1 Page I of 9 CDBG 2004 OKLAHOMIA DEPARTMENT OF COMMENCE (ODOC) OFFICE OF COMMUNITY DEVELOPMENT (OCD) Contractor Name and Address: City of Owasso Contract Nu nber: 10997 CDBG 03 PO Box 180 Owasso, OK 74055-0180 Contract Period: From: 9/5/03 To:9/5/05 Preparer/Contact Person: Andy Armstrong Telephone: (918) 584-7526 X 1. Final Expenditure Report (CD or ED) X 2. Contract Closeout Certification I, as authorized representative of the Contractor listed above, X 3. Program Beneficiary Report hereby submit the documents listed as required by the teens of the X 4. Proof of Second Public Hearing contract. X 5. Final Wage Compliance Report NA 6. Proof of Insurance Chairman or Chief Elected Official Date X 7. Board Minutes Accepting Completed Project X 8. Final Engineering Inspection Report FOR ODOC USE ONLY Reviewer Comments Date Monitored Date All Findings Resolved Project Manager Initials Date PER Review Initials Date Initials Date Team Leader Initials Date Fiscal Division Review Initials Date Total Contract: IDIS Project Number IDIS Activity Number Federal Match Total Total Accrued Expenditures Balance Deobligated Requirement 410 Closeout Attachment 1 Page 2 of 9 CDBG FINAL EXPENDITURE REPORT NAME OF CONTRACTOR CONTRACT NUMBER City of Owasso 10997CDBG 03 Interest Reconciliation Total Interest Earned $0.00 Total Interest Expenditure $0.00 Balance of Unexpended Interest $0.00 LINE ITEM BUDGET 101061 1. PLANNING CODE 551020 A TOTAL EXPENDITURES B BUDGET C REMAINING BALANCE 2. ENGINEERING 551030 3. ARCHITECTURE 551031 4. INSPECTION 551032 5. HOUSING REHABILITATION 551040 6, ACQUISITION AND DISPOSITION 551050 7. CLEARANCE/DEMOLITION 551070 8. UTILITIES 551080 9. WATER SYSTEM 551090 10. SEWER SYSTEM 551091 11. SOLID WASTE 551100 12. AMBULANCE 551161 13. FIRE PROTECTION 551160 14. HANDICAP 551044 15. COMMUNITY FACILITY 551110 16. SENIOR CITIZENS CENTER 551112 17. PARKS 551150 18. STREETS 551180 19. FLOOD AND DRAINAGE 551190 20. OTHER (Sidewalks) 551210 $67,132.00 $67,132.00 $0.00 21. SUB -TOTAL (1 THRU 21) $67,132.00 $67,132.00 $0.00 22. DIRECT GRANTEE ADMIN 551018 $0.00 $0.00 $0.00 23. PUBLIC FACILITIES ADMIN 551010 $0.00 $0.00 $0.00 24. TOTAL ADMIN (22 + 23) 25. TOTAL CDBG COSTS (21 + 24) 26. TOTAL MATCH FUNDS GRAND TOTAL 551010 555230 $0.00 $67,132.00 $67,132.00 $134,264.00 $0.00 $67,132,00 $67,132.00 $134,264.00 $0.00 $0.00 $0.00 $0.00 Requirement 410 Closeout Attachm Page 4 Contractor: City of Owasso Contract Number: 10997 CDBG 03 Units Total PROGRAMAC77HTY Com- Number pleted of Benefici- cries Low and Moderate -Income RACE Black or African Amer. RACE Amer. Indian or Alaskan Native RACE Asian RACE Native Hawaiian OR Pacific Islander RACE White RACE Other ETHNICITY Hispanic Or Latino ETImCTTY Not Hispanic Or Latino Disabled Femal Head < Househc 1. Housing Rehabilitation 2. Housing Support 3. Rehabilitation — Rental Demo 4. Acquisition and Disposition 5. Relocation 6. Clearance 7. Utilities 8. Water System 9. Sewer System 10. Solid Waste 11. Community Facilities 12. Neighborhood Facilities 13. Senior Citizens Center j 14. Other Facilities/Center 15. Removal of Arch. Barriers 16. Public Services 17. Code Enforcement 18. Recreation 19. Fire Protection 20. Parking 21. Streets & Sidewalks 2,066 1,364 41 169 31 0 1,784 41 81 1,985 NA 90 22. Flood and Drainage 23. ED — Facility Construction Loans 24. ED — Infrastructure Improvement 25. ED — Equipment/Inventory Loans i 26. ED — Commercial Rehab. Loans 27. ED — Industrial Rehab. Loans 28. ED — Other NUMBER OFBENEEICI ES BY CA TEGORY SHOULDBE REPORTED FOR EA CH PROGA CTIVITYB UDGETED. Requirement 410 Closeout Attachment 1 Page 5 of 9 Contractor Name: City of Owasso Contract Number: 10997 CDBG 03 I. FINAL CASH RECONCILIATION A. Total Cash Received Under This Contract (Include Cash in Transit) $ 67,132.00 B. Less: Total Accrued Expenditures This Contract $ 67,132.00 C. Excess Cash on Hand to be Refunded to ODOC $ -0- D. I certify that the expenditures reported are taken from the original books of account and that such expenditures are valid and consistent with the terms of this contract. E. I further certify that the attached check in the amount of $ fully represents all money received for but not expended in performance of this contract. (Same as Line C above). F. This amount is refunded to ODOC in accordance with the terms of the contract. IL RELEASE A. Pursuant to the terms of this contract and in consideration of the Total Accrued Expenditures referred to in Line B above which have been paid or will be paid to the Contractor, upon payment of any remaining balance to ODOC), the Contractor does hereby remise, release, and discharge the State of Oklahoma (ODOC), and their officers, agents, and employees of and from all liabilities, obligations, claims, and demands whatsoever under or arising from the performance of this contract. B. I understand that the Total Accrued Expenditures certified I-D above will become the final total obligated amount of this contract. III. OF REFUNDS REBATES, AND CREDIT Pursuant to the terms of this contract and in consideration of payment of costs as provided in said contract, Contractor does hereby: A. Assign, transfer, set over and release to ODOC all right, title, and interest to all refunds, rebates and credits or other amounts, including any interest thereon, arising out of the performance of this contract, together with all rights of action accrued or which may accrue thereunder. B. Agree to take whatever action may be necessary to effect prompt collection of all such refunds, rebates, credits or other amounts, including any interest thereon, due or which may become due, and to forward promptly by check made payable to ODOC any proceeds so collected. C. Agree to cooperate fully with ODOC as to any claim or suit in connection with such refunds, rebates, credits or other amounts due, including any interest thereon; to execute any protest, pleading, application, power of attorney or documents in connection therewith; and to permit ODOC to represent it at any hearing, trial or other proceeding arising out of such claim or suit. This Closeout was completed by: Andy Armstrong INCOG — Manager for Community and Economic Developingnt Name of Preparer Title of Preparer (918 584-7526 Phone Number Signature of Preparer I Certify the information contained in this closeout is true and accurate to the best of our knowledge: Clerk / Accountant Sherri Bisho Ci Clerk Typed Name and Title Date Chief Elected Official Typed Name and Title Date Requirement 410 Closeout Attachment 1 Page 6 of 9 FINAL WAGE COMPLIANCE REPORT Contractor Name: City of Owasso Contract Number: 10997 CDBG 03 Contact Person: Andy Armstrong Telephone No.: (918) 584-7526 Project Name: Sidewalk Infrastructure Improvements Project Location: Owasso, OK Construction Completion Date: 2/10/05 Contract Amount: $ 67,132.00 Prime Contractor: APAC Subcontractors None 1. Were any workers paid less than the specified Davis -Bacon rates that applied to this project? [l Yes X No 2. If YES: a. What was the total amount of restitution paid? $ b. What was the method of restitution? E] Paid by the Contractor (� Paid by City/Town with hands withheld from payment to the Contractor Firm Affected Employees Amount of Nature of Violations Restitution Paid (attach additional pages if necessary.) 3. Were any workers not paid the correct overtime payments? 0 Yes X No If YES. Liquidated damages at the rate of $1 b' for each calendar day fair each worker must be calculated and the Contractor no ifted of his liability, and 4. Provide information concerning the nature of the overtime violations. This should include: a. Firm°s Naane, Address and Phone Number: b. Date Contractor was notified in writing of the amount of liquidated damages which could be assessed: c. Dale the Contractor responded to the written notice: (must be within 30 days of the receipt of notification): d. Did the Contractor seek a reduction or waiver of the liquidated damages? D Yes ] No Requirement 410 Closeou Attachment I Page 9of 9 c. If YES: Was the requested approved and for what El Yes - Reduction, El Yes - Waiver. No. f On what grounds was HUD's or USDOL's response based? g. Total amount of Liquidated Damages paid: $ li. What was the method of payment of the Liquidated Damages? El Paid by the Contractor El Paid by the City/Town with funds withheld from payment to the Contractor. i. Did the Contractor appeal the final decision to assess Liquidated Damages to the Wage Appeals Board? El Yes No j. Attach copies of all correspondence relative to any Liquidated Damages. 5. If appropriate, attach a recommendation of and justification for sanctions against the Contractor. Submitted by: Agdy Armstrong Typed Name Manager for Comimmity and Econ. D"v l9paent Title Requirenient410 closcou Attachment 1 Page 9of 9 OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) Office of Community Development INSTRUCTIONS FOR COMPLETING CLOSE OUT DOCUMENTS All original signed documents including the Transmittal must be submitted within sixty days after the contract ending date or upon completion of the project whichever comes first. For Economic Development contracts, the project must be complete and all jobs as set out in the application for funding must be created before the project can be closed out. All contracts with open loans are not considered closed out until the loans are paid in full, however, closeout documents must still be submitted to our office in accordance with the instructions above. Upon receipt of -the final loan payment municipalities /counties that have previously submitted closeout documents accepted by our office will automatically be considered closed out. Municipalities/counties that have submitted closeout documents on projects with open loans will be eligible to apply for future funding. The Contract Period listed on each document must correspond to the dates listed on the contract and subsequent modifications. If the ending date was changed, the latest modification date must be used. .Note: The Final Expenditure Report is for contract closeout only. If additional funds are due you as the Contractor, the proper must be submitted prior to submission of the closeout documents. I . Final Xxpendi ture 'Report. Enter the correct total expenditures by line item in the appropriate column. The Budget column must reflect the latest a roved budget amounts for the contract. "Remaining Balance" is the budget less expenditures year-to-date. The interest reconciliation is for interest earned on deposits of CDBG funds only. Any unexpended interest must be returned to ODOC with the check made payable to HUD. 2. Contract Closeout Certifications: Total Cash Received/Requested must be for the total contract period. Total Accrued Expenditures must be the -total amount expended as shown on the Final Expenditure Report. The form must be dated and include the names and signatures of the Chief Elected Official, the Clerk and/or Accountant, and the person Preparing the closeout Requirement 410 Attachment I Page 9of 9 OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) Office of Community Development INSTRUCTIONS FOR COMPLETING CLOSE OUT DOCUMENTS XOMIdw 3. Program Beneficiaxy Report - Program Benefit: For each Program Activity report on actual accomplishments. For Units Completed, enter the number of structures /parcels acquired or cleared. For economic development projects, enter the number of full-time positions created or retained. In ethnic, Female Head of Household and Disabled columns, enter actual information on the number of beneficiaries. The ethnic origins total. must equal the Total Number of Beneficiaries. 4. Proof of Publication of Notice of Second Public Hearing: The municipality/County must attach documentation that a public notice was posted/ advertised informing citizen of the second public hearing to be held. A copy of the hearing minutes must also be included. 5. Final Wage Compliance Report: Enter information on liquidated damages or wage restitution paid by the construction contractor. 6. Proof of Xnsurance: The grant recipient must attach proof of property coverage insurance for any aboveground facility built or renovated and/or for equipment purchased with CDBG funds. 7. Board minutes Accepting Completed Project: The grant recipient must provide ODOC with Board Minutes acknowledging the project is complete and authorizing final payment to the contractor. (NOTE): If Official Board Minutes are not available at the time the closeout is due, the unapproved minutes will be sent to ODOC, with Official minutes to be provided once approved by the Board.) 8. Final Xnapection Report: The grant recipient must attach a certified copy of the final inspection report provided by the Engineer/Architect, indicating the project is complete and acceptable. (NOTE): If no engineer/architect services are utilized then it #7 will suffice. Requirement 410 h�i 1;�11� [��7: ►1� � Ilill� •: THE HONORABLE MAY• 1 COUNCIL CITY OF • _ • • COMMUNITY DEVELOPMENT DIRECTOR 116 -• HM 1, 119131• • "1111,11, DATE: March 15, 2006 By virtue of its size, the City of Owasso receives around $66,000 in Community Development Block Grant (CDBG) funds each year, contingent upon the approval of the grant application that the City must make on an annual basis. The Oklahoma Department of Commerce (ODOC) administers these funds as part of its " Small Cities set -aside program". So far, the City has used this money to improve sidewalks in the downtown area, as well as to construct a restroom at the skate park. The City of Owasso has begun the process of applying to ODOC for funding under the State' s FY-06 CDBG program. The amount of funding is estimated to be around $66,000. To receive this funding, the City must submit a letter of intent to ODOC announcing that the City is proceeding with efforts to secure grant funds for 2006. Should the funding be awarded, there would be a match requirement. The City would have to commit an amount of money equal to the grant funds, likely bringing the total allowable project cost to approximately $130,000. Annual CDBG funds can be used for a variety of projects within the eligible neighborhoods of the community. A map showing the eligible area is attached with this memorandum. Generally, the area currently includes census blocks located south of 761h Street, northeast of Elm Creek and southeast of the Owasso Expressway/861h Street interchange, and in the Main Street area south of Fourth Street. It should be noted that additional areas were included in previous CDBG projects (such as the Main Street area North of Fourth Street), and could be included in future CDBG projects, but for each project that affects those areas, a new income survey must be performed. Thus, that area is not shown as being included in the Census blocks that are eligible for funding. '' •,1 1'1111 '' ;• 11111 1 Two general types of projects are eligible for CDBG funding - community development projects and economic development projects. Examples of community development projects include sidewalks, street improvements, and projects that increase handicapped accessibility to community facilities. Examples of economic development projects include waterlines and sewerlines. The previous two CDBG projects provided funding for the Skatepark restroom and the Three Lakes Village street repairs. To provide direction for using the grant funds for the ' 06 project, staff members from Public Works and Community Development met at various times to consider several project options. Eleven general project options were evaluated. Considering the amount of grant money available and the areas of the community that are eligible for funding, the staff finds that the most pressing CDBG need for Owasso is to continue the sidewalk construction program. Attached with this memorandum is a spreadsheet showing sidewalk projects for the downtown area, Ator Heights, and Three Lakes among other areas that are programmed through five years. The staff proposes that, for the upcoming fiscal year, the following downtown locations should be included in the sidewalk construction program: 1. 76" St N in front of Public Works (north side) 2. 3rd St, Beaumont to Main (south side) 3. 3rd Ave, Main to Birch (both sides) 4. Cedar, 76t' St N to 4'hAve 5. Dogwood, V' St N to 4" Ave Since the sidewalk repairs are deemed to serve the residents of downtown, and also be directly beneficial to residents of the census block, an income survey of the affected residents would not be required to determine whether the project is eligible to receive grant funds. Two actions are required of the City Council in order to initiate the CDBG process for the ' 06 project year. First, the Mayor must sign a letter of intent to ODOC informing the agency of the City' s intention to apply for grant funds. Second, a public hearing must be conducted by the City Council to receive citizen comments on the CDBG program. The staff recommends that the Council authorize the Mayor to sign the letter of intent, and that the Council conduct a public hearing to receive citizen comments on the CDBG program. ATTACHMENTS: 1. Letter of Intent 2. Map showing locations of proposed sidewalk improvements 3. Map of project eligible neighborhoods 4. Spreadsheet outlining five-year program of proposed sidewalk improvements Citv of Owasso GIF aAF 111 North Main PO Box 180 Owasso, OK 74056 March 21, 2006 Mr. Scott Myers Division of Community Affairs and Development Oklahoma Department of Commerce P.O. Box 26980 Oklahoma City, OK 73126-0980 RE: FY 06 Small Cities Letter of Intent Dear Mr, Myers: (918) 376-1500 FAX (918) 376-1599 www.cityofowasso.com The City of Owasso would like to participate in the FY 06 CDBG Small Cities Set Aside Program. We have received the Application Guidelines information related to the Small Cities Program and understand that $66,450 has been reserved for the City of Owasso. Our intent is to work with INCOG and your staff to update the City's comprehensive, multi -year approach to identify and attack infrastructure problems in low and moderate areas of the City. The continuing emphasis for the Small Cities CDBG program should involve public facilities repair and replacement in the residential neighborhoods adjacent to City Hall and Main Street. As always, the City of Owasso is pleased to be able to work with ODOC on community development issues. Sincerely, Craig Thoendel Mayor Cc: INCOG iaLIblip-- WOLIP, 1!rrgirii::°rmg DIV. 918.2-2.4959 +,+.� „�. xt�. cit vtrl'ttx4•zr �:�tt.cart n StDEWALW City of Owasso Low & Moderate Income Areas By Year 2000 Census Block Groups / 81 \ Group Census Tract Number Number Legend Percent Low -Mod Less than51.00% a 51.00% or Greater Owasso Corporate Limits Streets V Prepared by INCOG April 2003 Data Source: w .hud.gov 0 1 2 Miles 1 CAPITAL STREETS PROJECTS - SIDEWALKS Program Year Description 5 Year Total FY06-07 I FY07-08 FY08-09 FY09-10 FY10-11 Comments Work Orders - sidewalk, curb & gutter repairs (800') $ 8,0001Material cost only -Work done by PW staff CDBG: Downtown - 76th St N in front of Public Works $ 21,000.00 $ 21,000.00 Downtown - 3rd St, Beaumont to Main (South side) $21,350.00 $21,350.00 Downtown - 3rd Ave, Main to Birch (Both sides) $23,100.00 $23,100.00 Downtown - Cedar, 76th St N to 4th Ave $21,525.00 $21,525.00 Downtown - Dogwood, 76th St N to 4th Ave $56,700.00 $37,700.00 Downtown - Birch, 4th to 3rd (Both sides) $47,250.00 $47,250.00 Downtown - Ash, 4th to 3rd (Both sides) $44,800.00 $44,800.00 Downtown - Section 30 Sidewalk Repairs $20,000.00 $20,000.00 Downtown - Section 31 Sidewalk Repairs $20,000.00 $20,000.00 Elm Creek - Section 29 Sidewalk Repairs $20,000.00 $20,000.00 Three Lakes - Section 29 Sidewalk Repairs $20,000.00 $20,000.00 Three Lakes - West Side of 123rd E Ave, South of 86th St N $10,000.00 $10,000.00 Three Lakes -123rd E Ave, West of Bridge. $10,000.00 $10,000.00 123rd E Ave - West of First Baptist Church $10,000.00 $10,000,00 Downtown - 86th St, Elm to Garnett (South side) $8,400.00 $8,400.00 CDBG Survey needed Downtown - Owasso Expwy, 8th to 4th (West side) $51,625.00 Downtown - 4th St, Main to Cedar (North side) $28,875.00 $51,625.00 $28,875.00 CDBG Survey needed CDBG Survey needed Downtown - Birch, 6th to 4th (Both sides) $45,150.00 $45,150.00 CDBG Survey needed Downtown - 4th St, Ash to Atlanta (South side) $25,200.00 $25,200.00 CDBG Survey needed Downtown - 5th St, Main to Birch (South side) $18,200.00 $18,200.00 CDBG Survey needed Downtown - 8th St, Ash to Birch (North side) $10,765.00 $10,765.00 CDBG Survey needed Downtown -11th St, Ash to Birch (South side) $10,675.00 $10,675.00 CDBG Survey needed Ator Hts - 20th St, Atlanta Ct, to N Main St $19,775.00 $19,775.00 Outside boundary Ator Hts. - 22nd St, Ator to N Garnett Rd. $33,250.00 $33,250.00 Outside boundary Ator Hts. - 24th Ct. to Lot 22, Blk 3, Ator IV $6,650.00 $6,650.00 Outside boundary Ator Hts. -19th St to Lot 18, Blk 2, Ator 11 $8,050.00 $8,050.00 Outside boundary Ator Hts. - Main St to Lot 5, Blk 10, Ator II $2,450.00 $2,450.00 Outside boundary Ator Hts. -19th St at Garnett Rd. $18,025.00 $18,0 55.00 Outside boundary Ator Hts. -16th St at Garnett Rd. $17,850.00 $17,850.00 Outside boundary Ator Hts. - Dogwood St Cul-de-sac,16th to °17th" $19,425.00 $19,425.00 Outside boundary Three Lakes - End of 120 E Ave. $7,350.00 $7,350.00 Outside boundary Three Lakes - 90th St N, East of 121 st E Ave $9,625.00 $9,625.00 Outside boundary 77th PI. N - South side of Elm Creek Park $10,000.00 $10,000.00 Outside boundary Camden Park - E 92nd ST N near 13210 (Both Sides) $20,000.00 $20,000.00 Outside boundary Three Lakes - Section 20 Sidewalk Repairs $10,000.00 $10,000.00 Outside boundary Ator Heights - Section 19 Sidewalk Repairs $10,000.00 $10,000.00 I Outside boundary Sidewalk Projects Sub -Total $ 724,065 $ 132,675 $ 132,05t3 $ 130,025 $ 138,865 1 $ 192,450 TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO COMMUNITYFROM: ERIC WILES DEVELOPMENT DIRECTOR DATE: March 15, 2006 The staff has received a request to rezone ten acres from CS Commercial zoning to CG Commercial zoning (for the western five acres) and CH Commercial zoning (for the eastern five acres). The property is located 660' south of the intersection of E. 96' Street North and N. Garnett Road, on the west side of Garnett. The annexation of the property, part of a 20 acre tract, was approved in December, 2005. A general area map is attached for review. The property is being developed commercially, with a final plat for IBC Bank approved for a portion of the property on February 13, 2006. The request was made to further facilitate the development of the property for commercial use, in accordance with a contract between the property owner, Owasso 20 L,LC and the City of Owasso. The contract between the owner and the City of Owasso was made to provide right of way for the recent widening of North Garnett Road. The property is currently undeveloped, with the IBC Bank expected to develop a portion of the property soon. Property to the north is developing commercially. Land to the east is occupied by Smith Farms Marketplace. The Faith Lutheran Church sits south of the site. Property to the west is undeveloped. The subject site is ten acres in size. The property will be served by municipal water, wastewater, police, fire, and EMS service. f1 '` "' `• •. � it 1'1 ' The commercial districts are designed to accommodate a variety of convenience, neighborhood, and regional shopping centers providing a wide range of retail and personal service uses. Developments occurring in commercial districts are required to gain site plan approval prior to obtaining building permits. The only use difference between CG and CH districts is that wholesale operations must obtain special exception approval to locate within CG areas, whereas they are permitted by right in CH areas. There are three bulk and area differences between CG and CH. Lots within CG zones must be at least 50' wide (150' if located on an arterial), while there is no minimum footage requirement for CH lots. The floor area ratio for CG developments can be up to 75 %, while there is no maximum ratio within CH developments. Finally, structures within CG developments must be located at least 25' from the right of way (50' if located on an arterial), while there is no required setback from the right of way within CH districts. The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. 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. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. 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. The rezoning process is initiated when a property owner submits an application requesting a change in a property's zoning designation. The property owner must submit an application indicating the current zoning designation and defining the requested zoning designation. The application should be accompanied by the zoning fee, an accurate legal description and map showing the property as well as a certified 300' radius report. Upon receipt of a complete application the staff will begin the review process by providing legal notice through the placement of an advertisement of the application in the newspaper, sending notice letters to property owners within 300' of the subject property and posting a sign on the property at the point closest to a public road. As staff is soliciting citizen input from the notification the application will receive an internal review. The internal review consists of answering three primary questions: 1. Is the requested zoning designation consistent with the Owasso 2015 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3. Is the proposed zoning designation consistent with surrounding development? Based on those criteria, the staff will formulate a recommendation for the request to forward to the Owasso Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the requested zoning change is appropriate and make a recommendation to forward to the Owasso City Council. The Owasso City Council will make the final determination whether or not to rezone the subject property to the requested classification or a less intense classification. If the zoning designation is changed by the City Council an ordinance officially declaring the rezoning of the property is written and adopted by the City Council making the change law. Section 1500 of the Owasso Zoning Code outlines the city' s policy on zoning amendments. The code states that amendments will be adopted to recognize changes in the Comprehensive Plan, or to recognize changing conditions in a particular area or in the jurisdictional area. Zoning changes must be based on two fundamental questions: 1) Does the requested zoning allow a land use that is appropriate for the subject property, and 2) Is the requested zoning in conformance with the Owasso Land Use Master Plan? Development considerations such as traffic, roads, grading, drainage, stormwater detention, utilities, rights -of -way, etc, are not to be considered until the platting stage of development. At the platting (and site planning) stage, the Planning Commission, municipal staff, and the Technical Advisory Committee work with the applicant to solve these types of specific development concerns. The majority of this property has yet to progress through the platting and site planning process, although IBC Bank has platted one acre in the southeastern part of the property. FA1NAVKVkq-R The Owasso 2015 Land Use Master Plan designates the property for commercial use. The requested zoning designations, CG General Commercial and CH High Intensity Commercial, are allowed within the master plan' s designation for the property. If the application is approved as requested, the eastern five acres of the subject property would be zoned CH Commercial, and the western five acres of the subject property would be zoned CG Commercial. The property will be developed for commercial purposes, while the western remainder of the overall 20 acre tract is planned for use as a regional detention facility in the Owasso Stormwater Master Plan. The staff has received neither phone calls nor correspondence from citizens regarding the request. The request was considered by the Planning Commission at a public hearing conducted on March 13, 2006. At that meeting, the Planning Commission considered the differences between CG districts and CH districts. A concern of members of the Planning Commission was that in CG districts, front setbacks along arterials must be at least 50', while in CH districts the zoning code sets no minimum front setback along arterials. Based on that concern, the Planning Commission voted to recommend that the entire 10 acres be rezoned from CS Commercial to CG Commercial, rather than to a combination of CG Commercial and CH Commercial. On March 15, 2006, staff confirmed with the applicant that a rezoning of the property to CG Commericial rather than a combination of CG Commercial and CH Commercial would be acceptable. RECOMMENDATION; The staff recommends the approval of OZ-06-01 that was recommended by the Planning Commission, rezoning the entire 10 acres from CS Commercial to CG Commercial. ATTACHMENTS: 1. Case map 2. Right of Way contract between Owasso 20, LLC and the City of Owasso F- QAfh ST. N Subject Property FCG CH Owasso Coll-linunity Development Department I I I N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com SMITH FARMS THIS AGREEMENT, by and between Owasso 20, LLC, an Oklahoma limited liability company, hereinafter referred to as Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as City. WITNESSETH I. SALE. In consideration of the sum of Two Hundred Eighty -Six Thousand, Eight Hundred Eighty and 00/100 Dollars ($286,880,00), 28,688 square feet at $10.00 per square foot, to be paid by the City to the order of Seller, as hereinafter provided, the parties have agreed that Seller shall sell, transfer and convey to the City by good and sufficient special warranty deed the following described real property in Owasso, Tulsa County, State of Oklahoma, to -wit: See Exhibit A attached hereto, together with all improvements thereon and hereditaments and appurtenances there unto belonging, free and clear of all liens, mortgages, easements, assessments and encumbrances of every kind and character whatsoever, and to warrant the title to same by through and under Seller. 2. CLOSING. The Closing shall occur on a mutually acceptable date, but in no event Iater than April 1, 2005. At Closing, Seller shall execute, acknowledge and deliver to City a good and special warranty deed in statutory form, conveying to the City all of said property, free and clear of all taxes, liens and encumbrances. Concurrently with ft delivery of said deed, Seller shall deliver to City quiet and peaceable possession of all of said property. 3. SPECIAL CONDITIONS. A. Employees, agents or contractors representing the City of Owasso and /or the Owasso Public Works Authority shall be permitted the right to enter upon the above described property prior to the Closing of this transaction as above stated to construct a street and utility relocation project for the Garnett Street Widening Project. The City of Owasso and/or the Owasso Public Works Authority hereby indemnifies, defends and holds Seller harmless from and against: all cost., loss, expenses and claims (actual or threatened) incurred by Seller with respect to the work to be performed herein prior to the Closing; B. The City hereby assures to Seller that any current or future onsite stormwater detention requirements of the Owasso 7, LLC property referred to as Parcel No. 4 of the 96"' and Garnett Road Intersection Improvements Project, as well as the tract of land owned by Betty Smith from which right of way for the referred to project is also being obtained as Parcel 9 thereof, may be accommodated offsite by detention on the back half of Seller's tract subject only to a separate agreement among Betty Smith, 5113 93.2:225700:0157 A Owasso 7, LLC and Seller. In conjunction herewith, the City hereby assures to Seller that the Owasso 7, LLC property and the Betty Smith property may utilize then existing City storm sewer pipes, box culverts, public rights of way, dedications and easements granted to the City to enable said properties to access the stormwater detention facilities on the western half, i.e., the "back" half of Seller's tract, subject only to a separate agreement among Betty Smith, Owasso 7, LLC and Seller; C. The City shall, at the City's sole cost and expense, cause the electrical lines east and parallel to Seller's tract to remain on the eastern side of Garnett Road in the then existing right of way and parallel to Seller's tract; D. At the time that Seller designates to the City a predetermined time for the annexation of Seller's tract, the City, within a reasonable amount of time from such notification, shall cooperate and support the annexation request as well as cooperate and support a request from Seller, subsequent to annexation, for a rezoning of Seller's tract to (1) a combination of Commercial High "CH" and Commercial General "CG" of the east ten (10) acres of Seller's tract and (2) Residential Multi-Faunily of the west ten (10) acres of Seller's tract with developmentally adequate curb cuts; E. Seller, for no additional consideration, hereby grants unto the City an Option to Purchase the eleven (11) acres on the western half, i.e., the "back half' (the "Option Property"), to utilize same exclusively as a regional park and stormwater detention facility for a price of $1,437,480.00 as adjusted upward for the cost of any improvements paid for by Seller (as adjusted upward, the "Purchase Price"). The regional park and stormwater detention facility will accommodate Seller's tract, and the Owasso 7, LLC and the Betty Smith properties' onsite stommwater detention requirements, subject only to a separate agreement among Betty Smith, Owasso 7, LLC and Seller. In the event the City exercises the Option to Purchase, City, at Seller's request, shall have an appraisal of the Option Property conducted by an MAIA qualified appraiser mutually satisfactory to both Seller and City, a copy of which shall be delivered to Seller for review. In the event Seller and City agree with the appraiser's detenuination and the appraised value of the Option Property is higher than the Purchase Price, Seller and City hereby agree that. the an7ount in excess of the Purchase Price (the "Excess Amouunt") shall be deemed to be a "bargain sale" under the Internal Revenue Code of 1986, as amended, and a tax deductible contribution made by Seller to City and City shall furnish Seller any appropriate acknowledgement regarding the Excess Amount to such effect. In the event the City exercises the Option to Purchase and the City encloses the earthen channel in a concrete box culvert, the box culvert must be constructed within the thirty (30) foot wide Stormwater Drainage Easement referred to in Paragraph F. below. In addition, if the City exercises the Option to Purchase and Seller has constructed a detention pond to accommodate the properties of Seller, Owasso 7, LLC and Betty Smith, Seller, Owasso 7, LLC and Betty Smith shall not be (i) charged ai i39a.xaa5 oa:ois7n any fees by the City, (ii) required by the City to detaii any water on -site, or (iii) required by the City to meet any further detention requirements. The Option to Purchase may be exercised by the City at any time within five (S) years from the date hereof by the City giving written notice to Seller of City's intent to exercise said option. In the event such Option to Purchase is exercised by the City, Seller and City shall enter into a mutually agreeable contract regarding same within 30 days from the date the Option to Purchase is exercised by the City. The Option to Purchase granted hereby is not assignable by City without the prior written consent of Seller or Seller's assignees or successors in interest; F. Seller, for no additional consideration, shall grant unto the City a Grading Easement in the form and substance of the Grading Easement being attached hereto as Exhibit E, to facilitate the construction by the City and utilization by others only with the written permission of Seller, of an earthen channel on contiguous property owned by 96"' & Garnett, L.L.C. The City shall design and construct the earthen channel at its sole cost and expense. Seller shall reimburse City one-half (1/2) of the cost of the construction only of the earthen channel up to and not to exceed $40,000 and the other one-half (1/2) shall be reimbursed by 96th & Garnett, L.L.C. The earthen channel shall be located along the northern boundary of Seller's tract but located upon the contiguous land of 96`h & Garnett, L.L.C. referred to above. As a continuing condition of the grant and payment referenced above, the City shall notify Seller by regular'mail of other property owners, within the sarne drainage basin as Seller's tract is located, processing with the City any developmental plat. The detenwnation of what real property is located within the same drainage basin as Seller's tract shall be made by the City referencing and utilizing the then most current Federal Emergency Management Agency (FEMA) floodplain and floodway maps applicable to the City of Owasso, Tulsa County, Oklahoma. The City shall provide such notification to Seller at the inception of the City's receipt for processing of a proposed Preliminary Plat from a landowner, or his/her representative, of property within the same drainage basin as Seller's tract. The City shall enforce and hereby assures to Seller that no post development water shall be placed in the earthen channel without Seller's prior written permission and that all post -development access to the earthen channel shall be restricted by the City unless such permission is granted by Seller in writing. A condition precedent or co -existent to the obligation of Seller to grant the above referenced Grading Easement as well as the agreement to bear one-half (1/2) of the cost of the construction by the City of the earthen channel, is the agreement on the part of 96th & Garnett, L.L.C. with the City to grant an unrestricted thirty (30) foot wide Stonnwater Drainage Easement on the southern boundary of the 96`t' & Gannett, L.L.C. property which is contiguous to the north of Seller's tract; G. The City hereby acknowledges and agrees that the floodplain located on the 96th & Garnett, L.L.C. property adjacent to Seller's tract has been filled in and no longer reflects the condition as mapped by the current FEMA maps of the 96th & Garnett, L.L.C. property. The City further acknowledges and agrees that compliance by the s 1139&.2:225700:01574 96th & Garnett, L.L.C. property with any on -site detention and floodplain requirements of the City shall not be met unless the floodplain on the 96th & Garnett, L.L.C. property is analyzed per the conditions of the existing FEMA maps; and H. The City agrees that Seller may designate prior to Closing that this transaction shall be conducted as a Section 1031 Exchange under the Internal Revenue Code of 1986, as amended, provided that Seller pay all costs associated with the Section 1031 Exeheaige and the Closing is not delayed. If Seller elects such option, the City shall cooperate with Seller to effect the Section 1.031 Exchange. All costs and expenses in connection with such Section 1031 Exchange shall be the responsibility of Seller. Seller shall indemnify the City from and against any and all loss, liability, damage, cost or expense suffered or incurred by the Section 1031 Exchange and such indemnity shall survive the Closing. The provisions of Section 3 shall survive the Closing of this transaction. IN WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma, this day of2005. SELLER: Owasso 20, LLC By: Jo . Bumgarner, ., Manager -j OF O CITY. City of Owasso, Oklahoma F' OFFMIAL O BEAL By: oI AH00' Susan Kimball, Mayor Attest: 511398.2:225700:01574 Exhibit A Legal Demiption (OWASSO 20, LLC - ADDITIONAL GARNETT RIW) A TRACT OF LAND THAT IS PART OF THE WESTERLY 43,50' OF THE EASTERLY 60.00' OF THE S/2 OF THE NE/4 OF THE NEA OF SECTION 19, T-21-N, R-14-E OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, OlaAHOMA, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: STARTING AT THE NORTHEAST CORNER OF THE S/2 OF THE NBA OF THE NE/4 OF SAID SECTION 19; THENCE N 89*59'19" W ALONG THE NORTHERLY LINE THEREOF FOR 16.50'TO THE "POINT _QF BEGINNING" OF SAID TRACT OF LAND; THENCE S 00'05'04" E AND PARALLEL WITH THE EASTERLY LINE OF SECTION 19 FOR 659.49' TO A POINT ON TITE SOUTHERLY LINE OF THE S/2 OF THE NEA OF THE NE/4; THENCE N 89'58'53" W ALONG SAID SOUTHERLY LINE FOR 43.50'; THENCE N 00'05'04" W AND PARALLEL WITH AS MEASURED 60.00' PERPENDICULAR FROM THE EASTERLY LINE OF SECTION 19 FOR 659.49'TO A POINT ON THE NORTHERLY LINE OF THE S/2 OF THE NEA OF THE NEA; THENCE S 89'59'19" E ALONG SAID NORTHERLY LINE FOR 43.50'TO THE "POINT OF BEG -INNING" OF SAID TRACT OF LAND. 511398.2:225700:01574 5 Exhibit B Grading Easement 51139&2:225700:01574 rA r Grading Easement KNOW ALL MEN BY THESE PRESENTS: That the undersigned Owasso 20, LLC, an Oklahoma limited liability company (hereinafter called "Grantor"), the owner of the legal and equitable title to the following described real estate situated in Tulsa County, State of Oklahoma, for good and valuable consideration, acknowledgement thereof being made hereby, does hereby grant and convey unto the City of Owasso, Oklahoma (hereinafter called "City"), a grading easement with the right to erect, construct, install, and thereafter use, inspect, repair, maintain, replace, and remove through, over, under and across the following described property, situated in said county, to wit: See Exhibit A (hereinafter the "Grading Easement Tract") This Grading Easement is hereby established by grant of the Grantor as a non- exclusive easement for the purpose of pennitting construction of an earthen channel on lands contiguous to Grantor's land as well as providing for continuous bank stabilization and erosion control, and the Grantor, for itself and its administrators, successors, or assigns, covenants and agrees that, except as provided in this Grading Easement, (i) no fence, wall, building, structure, or other obstruction will be placed, erected, installed, or permitted upon the Grading Easement Tract, and (ii) there shall be no alteration of the grades or contours in the Grading Easement Tract, which will violate the Federal Emergency Management Agency (FEMA) floodplain and floodway maps applicable to the Grading Easement Tract. Grantor further covenants and agrees that in the event the terns of this paragraph are violated by the Grantor, or its assigns or successors in interest, such violation will be corrected and eliminated within 30 days of receipt of notice from the City, its successors or assigns, or the City shall have the right to correct and eliminate such violations, and the undersigned, its assigns, or successors in interest shall promptly pay the actual cost thereof. Notwithstanding anything to the contrary contained in this Grading Easement, this Grading Easement and the rights created hereunder are not exclusive, and Grantor and its successors and assigns may (a) grant, convey or confer any similar or other easement on, over or across the Grading Easement Tract for the benefit of others, in its sole discretion and without the approval of the City, provided that such grant or conveyance shall not interfere with the rights granted to City in this Grading Easement, (b) construct, erect or install fences, walls, buildings or other structures upon the Grading Easement Tract, and (c) alter the grades or contours in the Grading Easement Tract, so long as the items set forth in (a), (b) or (c) do not violate the Federal Emergency Management Agency (FEMA) floodplain and floodway maps applicable to the Grading Easement Tract. It is further understood and agreed by the City that any excavated fill generated by the grading of the earthen channel shall at all tinges remain on Grantor's land. It is further understood and agreed by the City that if and in the event the earthen channel erected, constructed, installed, laid and thereafter used, inspected, repaired, maintained, or replaced in the area that is contiguous to the Grading Easement Tract herein provided shall ever, for any reason, (a) be abandoned by the City, its successors or assigns, or (b) be enclosed in a conveyance system, then in any of such events, this Grading Easement shall revert to the heirs, assigns, administrators or successors of the Grantor. Grantor hereby warrants title to said land, and agrees to defend the title thereto unto City, against any and all persons claiming same by, through or under Grantor, but not otherwise. 514222.3:225700:01574 The terms and conditions of this Grading Easement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, or successors in interest. IN WITNESS WHEREOF, the Grantor herein named has hereunto set its hand and seal this day o� 2005. Grantor: Owasso 20, LLC By s'C- Jo C. Bumgarner, J ., Manager STATE OF OKLAHOMA) ) ss: COUNTY OF TULSA ) Be&� me, the a dersi ed, a otary Public within and for said County and State, on thus day of�'� , 2005, personally appeared John C. Bumgarner, Jr., to me wel lar wn to be the identical person who executed the within and foregoing instrument in writing and aelanowledged to me that he executed the same as his free and voluntary act and deed on behalf of Owasso 20, LLC for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my ha(�/prid affixed my official seal the day and year last above written. i /" My Commission Number: 2 /, 6W— My Carrinnission Expires: 51 a222.3:2257oan 157a Accepted this f day of Ag C t I 2005. 04- CITY OF OWASSO, OKL AHOMA ��kr 9N c oFFrcFAL O By: 4 i( t A1Ji s1 n'yt L SEAL Susan Kimball, Mayor kl AHOd'P ATTEST: By: _ Shen•, City Cler STATE OF OK:LAHOMA) )ss: COUNTY OF TULSA ) Before me, the undersigned, a Notary Public within and for said County and State, on this IS" day of ,�+. Lt3L C: , 2005, personally appeared Susan Kimball and Sherry Bishop to me well known to be the identical persons who executed the within and foregoing instrument in writing and acknowledged to me that they executed the same as their free and voluntary act and deed on behalf of the City of Owasso, Oklahoma, for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and vear last above written. My Commission Number: ('� My Commission Expires: 514222.3:225700:01574 Nary Public Exhibit A LEGAL DESCRIPTION FOR GRADING EASEMENT TRACT A TRACT OF LAND THAT IS FART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (S/2 NE/4 NE/4) OF SECTION NINETEEN (19), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: STARTING AT THE NORTHEAST CORNER OF THE S/2 OF THE NEA OF THE NEA OF SAID SECTION 19; THENCE N 89'59'19" W ALONG THE NORTHERLY LINE OF THE S/2 OF THE NEA OF THE NE/4 FOR 60.00' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND; THENCE S 00°05'04" E AND PARALLEL WITH THE EASTERLY LINE OF SECTION 19 FOR 20.00% THENCE N 86"10'30" W FOR 300.70' TO A POINT ON THE NORTHERLY LINE OF THE S/2 OF THE NEA OF THE NE/4; THENCE S 89°59'19" E ALONG SAID NORTHERLY LINE FOR 300.00' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND. 514222.3:225700:01574 lu 1►Ti [�77: U�1 il►i TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITYDEVELOPMENT DIRECTOR SUBJECT: OZ-06-02, A REQUEST FOR REZONING OF 3 ACRES LOCATEIP, SOUTH OF iTH STREET NORTH, ON OF 122�'DEAST AVENUE DATE: March 15, 2006 L:�s[il:�! J�Z�i►1�1 The staff has received a request to rezone three acres from AG Agricultural zoning to CS Commercial. The property is located south of E. 961h Street North, on the east side of N. 122' East Avenue, immediately northeast of the Smith Farm Marketplace. A general area map is attached for review. The property is proposed to develop commercially, and the staff expects to receive applications for plat and site plan approvals within the next several weeks. The property is currently undeveloped. Property to the northeast is occupied by the Owasso "Ram" water tower and the Owasso Land Building. The Owasso Expressway lies to the southeast. The Smith Farm Marketplace is situated southwest of the site, and Oklahoma Natural Gas is located to the northwest. The subject site is three acres in size. The property will be served by municipal water, wastewater, police, fire, and EMS service. The commercial districts are designed to accommodate a variety of convenience, neighborhood, and regional shopping centers providing a wide range of retail and personal service uses. Developments occurring in commercial districts are required to gain site plan approval prior to obtaining building permits. 1`aam •1 IC• u • The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. 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. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. 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. The rezoning process is initiated when a property owner submits an application requesting a change in a property's zoning designation. The property owner must submit an application indicating the current zoning designation and defining the requested zoning designation. The application should be accompanied by the zoning fee, an accurate legal description and map showing the property as well as a certified 300' radius report. Upon receipt of a complete application the staff will begin the review process by providing legal notice through the placement of an advertisement of the application in the newspaper, sending notice letters to property owners within 300' of the subject property and posting a sign on the property at the point closest to a public road. As staff is soliciting citizen input from the notification the application will receive an internal review. The internal review consists of answering three primary questions: 1. Is the requested zoning designation consistent with the Owasso 2015 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3. Is the proposed zoning designation consistent with surrounding development? Based on the above criteria, staff will formulate a recommendation for the request to forward to the Owasso Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the requested zoning change is appropriate and make a recommendation to forward to the Owasso City Council. The Owasso City Council will make the final determination whether or not to rezone the subject property to the requested classification or a less intense classification. If the zoning designation is changed by the City Council an ordinance officially declaring the rezoning of the property is written and adopted by the City Council making the change law. Section 1500 of the Owasso Zoning Code outlines the city' s policy on zoning amendments. The code states that amendments will be adopted to recognize changes in the Comprehensive Plan, or to recognize changing conditions in a particular area or in the jurisdictional area. Zoning changes must be based on two fundamental questions: 1) Does the requested zoning allow a land use that is appropriate for the subject property, and 2) Is the requested zoning in conformance with the Owasso Land Use Master Plan? Development considerations such as traffic, roads, grading, drainage, stormwater detention, utilities, rights -of -way, etc, are not to be considered until the platting stage of development. At the platting (and site planning) stage, the Planning Commission, municipal staff, and the Technical Advisory Committee work with the applicant to solve these types of specific development concerns. The Owasso 2015 Land Use Master Plan designates the property for commercial use. The requested zoning designation, CS Commercial, is allowed within the master plan' s designation for the property. If the application is approved, site will be zoned CS and will develop for commercial purposes. The staff has received neither phone calls nor correspondence from citizens regarding the request. The Planning Commission considered the request at a public hearing conducted on March 13, 2006. At that meeting, the Planning Commission voted to recommend Council approval of the rezoning. 1,13 B[KO►I u: ►11 The staff recommends approval of OZ-06-02. Case map Rs 0- PUI D -C) 4 - CO 3 0 NI --E-T8'tirS'T'N 0 L S U ubject Pro ertv \ ,� V AG, I TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: FINAL PLAT TYANN PLAZA IV DATE: March 15, 2006 The staff has received a request to approve a final plat for Tyann Plaza IV, a proposed one -lot commercial subdivision containing 39,319 square feet. The property is located on the south side of E. 961h Street North, just north of the Home Depot. The final plat and a general development plan for the entire Tyann Plaza development are attached with this memorandum. The property is approximately 0.9 acres in size and is zoned CS (Commercial Shopping). The subject property is undeveloped. E. 96`h Street North and the Owasso Expressway occupy the land north of the site. Property to the east and to the south is zoned CS and is developed for commercial purposes such as the Home Depot. The remainder of the Tyann Plaza development and the Owasso Expressway are situated west and southwest of the property. I17 am N ICE ci ► • The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots, while preliminary plats are not required for one -lot subdivisions. 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 platting stage and must be remedied prior to development. After the 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 applicant is requesting this review in order to facilitate commercial development on the single lot. The subject property is zoned CS Commercial Shopping Center District. According to the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, etc. A preliminary plat for the project is not required. Regional stormwater detention has been provided for this development - this lot represents 2.98 % of the property that is accommodated by the detention facility. Bulk and area requirements have been met as have access requirements. Water will be provided by the City of Owasso. No sewer payback fees will be required of this plat. The storm siren fee of $16 per acre will be required at the time the plat is approved by the City Council. Because of the 100' wide PSO easement that crosses a large portion of the property, the owner is also asking for a variance to allow a 30' front setback instead of a 50' front setback. The staff is supportive of the request, and the Board of Adjustment will consider the request at their March 28, 2006 meeting. The Technical Advisory Committee reviewed the Final Plat at their February 22, 2006 regular meeting. At that meeting, utility providers and city staff were afforded the opportunity to comment on the application and request any changes or modifications. The TAC' s recommendations are attached with this memorandum and are listed as follows: ® Correct the legal description. It should read east, not west, in first paragraph of Deed of Dedication. ® Property is actually 0,9 acres. ® babel properties to the east ® There are rounding errors on the legal description on traverse. ® Show adjacent easements ® Show limits of no access for 40' from the edge of the curb cut on adjacent lot to east and show Home Depot drive. ® Show building line PLANNING COMMISSION PUBLIC HEARING: The Planning Commission considered the request at a public hearing conducted on March 13, 2006. At that meeting, the Planning Commission recommended Council approval of the final plat. The staff recommends approval of the Tyann Plaza IV Final Plat. 1. Final Plat 2. Drawing showing proposed plat and adjacent lot to the east 3. Overall development plan for Tyann Plaza 0eed of Dedication: v trxc�awrc�a ww`i. mrxrr xw m mmw a xwr.�.wr ,oco� xu A. wo.ax,,.. sswxrw.as.xvw �erarm oa wxrwam�.,m xr.�e.r wrw Awmu,aww...r�.m� w_�wwmMartwc..m .�wrt w m 1=2 Certain Reetnl ti- -T rs "AsucxTs ]. V—DeW10-CMICATAND CONuUxIUnM - rxnxae Am cAac muss �a� eu inn us IAt=T wu w ' ec MnsW Zc 2r e�xwmwcrt o ew AN,cErePSExErm'.a exrrA... m�a P,Nr w �w.�n ww www� or ra w, w ow.�aIT 0 uus coo.® w x s rvwa m a®(m wm mvr �waw<m m� rctw w nm'a,r wa v r onnm r ¢e rvun w uwxrvnm wmw I.ia.Arav As K¢caar. r wrxx „N ocrzl,mn A,z. sru ¢c a� w �a.wrnnw .m vSOrw w va Nwnmawci Am s[ wsr w Pwawnc�wwsw uclµm awiAID 1-1 oPLns R[9wna nlsxr owm or „� awww w r � <II. � �wwas w „2 xwaN w owe xo wT 09 �G.0 FINAL PLAT iY IWN PLAZA -IV. A PART OF THE NORTHEAST QUARTER (NE/4) OF SECTION 20 TOWNSHIP 21 NORTH, RANGE 14 EAST AN ADDITON TO THE CITY OF OWASSO. TULSA COUNTY, OKLAHOMA 1 LOTS IN 1 BLOCK 0.90 ACRE TRACT ZONED: C$ j-----moT.auR------'--'1--� 1 / � I I I aawm � / 41 0�/ � I PMWDlry gHER: / 6 ,}% rvA4N MVDDPIkNI co. TC. /I / ffi56'5E N ; T100.od r; /r POC NE CORNER / SEC. 20 / T-21-N PQB / R-14-E / / N ffi36'Sm' W 1 / t / / / 40 1 / Y 1 /1 ° ANN PLAZf'IV 11 8c RLOCH,/I -�t L w 91 Y1 11 95t9� pm1550 IXPFf55Y'AY L----wT_--- L =.-, cvrrm a1sT C-1 DATI D = 05'44190' R = moo 7 = 23.82' L=4ZW' CD - R 70Y7'80' R ®= 47.50' s NOR771 OWASSO EXPRRS'S'RAP ---------- - - - — -- / / roof uEPdr / rvAWI OEYDLWAAEIIVI CD., rvC. / / o- SURVEYOR: D. GOSS & ASSOCIATES, LLC P.O. BOX 216 COLLINSVILLE, OK 74021 (0918 371-0096 Certificate f uthorization No. 3932 Renewal Date: June 30. 2007 / / k FESTRL£ARFA / / OWNER / DEVELOPER: TYANN DEVELOPMENT CO., INC. PO BOX 397 OWASSO. OK 74055 (918) 274-0517 ENGINEER KELLOGG ENGINEERING, INC. 6755 SOUTH 4060 ROAD TALALA, OKLAHOMA 74080 (918 275-4080 Certificate of uthorization No. 2788 Renewal Date: June 30, 2007 ZMO�i0 C BENCHMARK: r,Ao� oemmm - rr,w rMw col o"4�racmo wxrm�aaa,� �� wo rmx - arm Rao raml i PLAT 140. �P R 14 E 96TH N `bn a J5, T 21 20 N � N E. BSTH ST, N. SEC110N l0 TULSA COUNTY LOCATION MAP SCALE: 1-2000' z'"=®w—' %= CERTIFICATE OF O.m AIP sa Anrmm w«� xr�iwr. \ � sm u�r xwo uv sv TMc o9Ar .vo .cw wr wAmus nar�Acr uw oun m s,w OF CQtTFlCATE mr cawwRVEwu u mw® .-=z wKme_wrw �5�91��. u ro., m sao-m mm�i °C' � D1NId 4� G095 9 t �OtrwYs D msrt w nP_u Aj a uv"- 'as*mv'tww� CETRFlCATE OF FINAL PLAT APPROVAL or. am 7YAARJ PLAZA TV 4PMARY 1. 2DOG BBg4 A M 1 z R 14 E E. 96TH ST. N. z Q a 21 E. 867H ST. N. SECTION 20 TULSA COUNTY LOCATION P SCALE: 1 "=1000' LWEND MAW — — tar m mm m CM dW aMM snw w a a AQ K a.n ar. r � rr '�/'' r� acm so. ftft�� F �rt4 y rzao s[ .� is vzeK \� „K awK uaaet sr %� / AM= AM IN.PEE LAKES Si MAP N.T.S. IV jr�vlf Nil 't/r! rr fr gat �rri� rr i,rrr it m SctioO� SItE PLAN TYANN COMMERCIAL CENTER 23 LOTS 2CNED: CS CITY OF OWASSO, gaAligdA KDu.om E Nc. mec waio. r«xr.a.m am ro-am me ®v.R aow. rxc a<aawocm r• _ x/a x«¢n «¢mom SITE TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: BRADD CLARK, JULIE LOMBARDI, ANA STAGG, ERIC WILES, DAN YANCEY DATE: March 15, 2006 At the March 7, 2006 City Council meeting, the City Council voted to table consideration of Ordinance No. 537, the gated communities ordinance, until the March 21, 2006 City Council meeting. The staff is bringing the item back to the City Council for consideration at the March 21, 2006 City Council meeting. The staff has been requested to perform research into the issue of gated communities and to present a recommendation based upon the findings of that research. Currently, there are more than 50,000 gated communities in the U.S. with more being built every year. About 6 % of the country' s population lives inside gated communities, totaling seven million households (Census Bureau, 2001). The staff has drafted an ordinance that would allow the installation of entrance gates into residential subdivisions on private streets only. It should be noted that gates would not be permitted on streets that would otherwise connect to adjacent subdivisions or on collector roads that would connect one arterial with another. This memorandum is a summation of the findings of the directors of Community Development, Fire, Police, Public Works, and the City Attorney. The report is organized into different points of focus that were examined by the respective staff members. The first point of focus, from the Public Works Director, outlines the direct effects of gated residential entrances on our ability to provide water, sewer and refuse collection and infrastructure maintenance service. Second, the Fire Chief examines necessary design criteria for gates that would ensure a rapid and safe response to provide the earliest possible arrival and intervention of public safety personnel to an emergency. Next, the Police Chief focuses on the pros and cons of gated communities from the perspective of law enforcement. The City Attorney reports on her findings related to the legality of gated neighborhoods; especially as to whether they can be located on public streets. Finally, the Community Development Director provides general findings on gated communities - from benefits and drawbacks for both the homebuyer and the city to general statistics about gated communities and a summary of research. Water and Sewer - Whether gated or not, the city is obligated to provide water and sewer service to customers located within the service area. The presence of a gate, which is kept open during business hours, would have little or no impact on our ability to provide regular services. Furthermore, because suspension of service would not result on an immediate loss of life, the City may opt to delay response to after-hours calls when gates prohibit entrance to the residential area. Thus, staff anticipates little or no effect of the gate on the City's ability to provide quality water and/or sewer service. Similarly, whether the streets remain public or become private has no bearing on water and sewer infrastructure which - regulated by Oklahoma Department of Environmental Quality - must remain public. Refuse Collection - The presence of a "properly -sized" gate - which remains open during business hours - would have no impact on our ability to provide service. A potentially problematic effect of gates would be its width, which if improperly sized could restrict entrance of refuse vehicles to the subdivision. This can be easily overcome by specifying minimum clearances at residential entrances in the City's design criteria. Finally, whether the streets are private or public would have no impact on our ability to provide quality refuse collection service. Streets and Drainage -- Again, the presence of a gate itself has minimal impact or no impact on our ability to provide maintenance to the City's streets and stormwater infrastructure. Of significant importance to this discussion, however, is whether the streets are private or public. In past, when streets are private, City staff has had no involvement in the design, construction and/or maintenance of the infrastructure. It is worth noting that although an advantage of private streets should be the release from maintenance obligations related to the infrastructure, recent history has proven different. In the 1970's, the Three Lakes Village streets were constructed as private infrastructure, exempt from City requirements. Unfortunately, not only was the street too narrow to allow for safe traffic, but also its foundation was too shallow to withstand normal residential traffic. Resultantly, the City - after numerous petitions by the area residents - has agreed to accept the streets after the effect and invest nearly $250,000 in their reconstruction. To prevent the reoccurrence of this problem, it would be advantageous to require that private street infrastructure servicing a residential neighborhood meet minimum City standards. Gates may result in a reduction of traffic volumes on the gated passageway because it eliminates through traffic. Resultantly, traffic volumes on alternate through routes should be expected to increase. If the gated passageway is private, the increased traffic volumes on alternate public routes would result in higher maintenance costs for the City. Conversely, maintenance savings resulting from a decrease in through traffic in gated communities would be enjoyed by the resident owners. Finally, gated throughways would render the passage worthless to all but those able to operate the gate - when the gate is closed. In other words, only those that can open the gate are provided with unrestricted access to the passageway. Thus, the excessive use of gates could result in disruption of contiguous residential street networks, rendering the system useless and overloading arterial streets. TECHNICAL REQUIREMENTS FOR GATES: The idea of installing entry/access-controlling gates is not new, but remains in conflict with the primal goal of the emergency responders from both the police and fire departments: a rapid and safe response to provide the earliest possible arrival and intervention. In the interest of a rapid response, state laws, city ordinances and departmental operating procedures address the safe and rapid response to emergencies throughout our response area. Historical and scientific data demonstrate the many benefits of arriving as quickly and safely as possible, whether the emergency involves fire, violence, or medical or traumatic incidents. Considering a cardiac arrest victim, a fire originating in an occupied structure or an event involving violence, any delay to a rapid and safe response can, and most often does, affect the successful outcome of the emergency. The Owasso Fire Department does recognize, however, the customer -centered obligation to adapt our emergency response goals to homeowner desires for entry/access-controlled gates. Realizing this, our strongest recommendation is to create and implement design criteria for the initiation of a gated community. Criteria for Placement of Gates - In an effort to minimize the barrier/delayed- time effect, many gated communities have installed gates that are sensitive to audible sirens, strobe light sequences, or standardized keys utilized throughout the City by the emergency responders. Although each methodology bears some merit, there is no one best way to breach a closed gate and continue a rapid response consistent with a non -gated street. The development of an ordinance addressing the design criteria should contain language addressing the following: 1. The requirement that all plats submitted with gated access require the approval of the Planning Commission and the City Council. Prior to the issuance of any building permits, the City Engineer, the Fire Marshal, and the Building Official shall approve a detailed Site Plan for gated access areas. 2. The requirement that any gate shall be located a sufficient distance from a public street to allow three (3) cars to line up at the gate to clear completely the right- of-way of the abutting public street without interfering with vehicles utilizing the public street. The minimum acceptable distance from the gate to the public street right-of-way shall be no less than sixty -feet (60'). A turn around lane is required for vehicles unable to enter the gated development, 3. The prohibition of road spikes, barbs, or other tire damaging devices and spikes installed on gates. 4. The requirement for compliance of all engineering requirements adopted as City standards for streets, sidewalks, fire lanes, fire hydrants in controlled -access developments. 5e The requirement for the formation of a Homeowners' Association, or similar entity, and for the names, addresses and emergency contact numbers of the Association be provided to the Fire Department. The Homeowners' Association shall be responsible for the following: (a) Maintenance and repairs of all streets and/or fire lanes (if remaining private) . (b) Maintenance testing and repairs of all functions of the gate. (c) Accompanying Fire Department officers during annual inspection and testing of the gate opening systems. (d) Maintaining a service agreement with a qualified contractor to insure year-round maintenance. 6. The requirement that the minimum gate opening width, including clearance for all improvements related to the gate, be not less than twenty (20) feet wide per lane if there is to be ingress and an egress gates. 7. The requirement for the installation of an emergency release or hitch pins on the control arm. This hitch pin, when removed, will detach the control arm from the gate and allow the gate to swing open freely with manual intervention. 8. The requirement for a battery back-up system for each gate. These batteries will be trickle charged to maintain electrical energy, and in the event of loss of normal electrical current, cause the gate to open until reset by the Homeowners' Association. 9e The requirement for the gate to be equipped with a rapid entry key lock box, located at or near the main entrance to the property. The Fire Marshal shall approve the specific type of lock box and mounting location. (Alternative: some technological equivalent including light or noise activated opening). 10. The requirement for the location of all rapid entry key lock boxes, hitch pins, related equipment, operation of gate, signage, opening design, swinging or sliding operation of the gate or any other design specification. be constructed and installed in accordance with the approved plans. 11. The requirement for the minimum paving width for all lanes entering and exiting the development at the gated entry is at least twenty (20) feet in width. All streets within the development shall otherwise meet the requirements of the Comprehensive Plan, Subdivision Regulations, and the design standards of the City. Should parking along the street be requested by the developer, appropriate signage shall be provided and the minimum width of the roadway shall be twenty-six (26) feet. 12. The requirement that when any problems occur in the operation of the gate or any violation of any section of this ordinance, the gate remain open and accessible until the problem is resolved and/or the gate is service tested. 13. The requirement that proposed covered entry structures meet the minimum height of no less than thirteen (13) feet. The width shall be no less than twenty (20) feet. 14. The requirement that any developer, Homeowners' Association, or other responsible property owners proposing any gated community provide the City of Owasso access assurance prior to installation of any approved gate. The access shall be provided by an easement to be dedicated to the City in the deed of dedication of the plat for utilities and essential City services in the streets and common areas as designated on the subdivision plat. 15. The requirement that the developer, Homeowners' Association, or other responsible property owners provide for annual inspection of each gate to insure each gate is tested to meet all of the construction requirements prior to it being approved for operation or continued operation at any point the gate fails to meet the standards. The requirement that verification of the access agreement and a copy of the latest inspection form on file with the City Clerk and the Fire Marshal including the contractor's name, address, and 24-hour-a-day telephone number(s). The developer, homeowner's representative, or responsible property owner's name, address, and telephone number shall be a minimum requirement for approval of the annual inspection of the gate. 16. A requirement for a registration fee consistent with the latest City Council approved fee schedule paid to the City for plan review and inspection fees of all proposed gated communities. Additional considerations may be included in the design criteria or ordinance for the approval of gated communities. Among these considerations are: ® strobe light -triggered opener systems ® required residential fire sprinkler systems in the houses within the gated community ® required cardiac defibrillators accessible in central or duplicate locations within the gated community ® required intrusion alarms in the houses within the gated community ® required looped residential telephone lines to the gate so that when dialing 911 from a house within the gated community, the gate automatically opens ® requirements for gates installed at apartment complexes or commercial facilities. Other considerations may arise with more discussion and research ensuring the safety and security of the citizens behind the gate, while affording the emergency responders a time -sensitive response into the controlled area. CRIME CHARACTERISTICS OF GATED COMMUNITIES: Pros and cons exist for the residents of developments and services with respect to gated communities. Pros - The staff has identified at least five (5) areas that may provide benefit to law enforcement with regards to gated communities; ® Higher sense of security -often residents in gated communities feel a higher sense of security with the enclosure of walls and fencing. The level of security also depends on several factors to include; manned gates, patrolling security and type of access. ® Private gated communities help defer services to other areas -meaning resources normally expended on patrolling streets, providing maintenance can be directed elsewhere. ® Private and Public gated communities possibly provide a greater economic benefit(as a selling point) to the city which may translate into more tax dollars -whether private or public gated communities exist in the community both offer, in most cases, better property values as opposed to those property that are no enclosed and provides incentives to those who generally have more disposable income. ® Higher probability in the apprehension of criminal activity from outsiders in most cases persons that do not reside within the private gated community are easily identified as being foreign to the area. ® Appreciation of property values- In most cases the value of the property contained within these communities appreciate more in value as compared to homes outside however this may greatly depend on whether the infrastructure is maintained privately or using tax payer's dollars. Cons - The staff has also identified at least five (5) areas that may be disadvantages to law enforcement with regards to gated communities; ® Emergency access to gated communities -several methods are used to access gates leading into gated communities to include; key entry, keyless touch pad, manned security, siren activation, radio frequency activation and lighting activation and as in most cases they may prove to be dependable but not fail safe. Key entry in most cases is dependable however logistically it is very difficult for emergency services to maintain the key system, especially when multiple communities exist within the jurisdiction as well as it can be time consuming when trying to gain access. Keyless touch pads are somewhat difficult for police to manage and are extremely volatile to anyone having the entry code. Manned gates are, in most cases, more reliable but in many cases cost prohibited. Siren activation, siren activation and radio frequency are all acceptable to being duplicated, warning suspects to your arrival and are all acceptable to failure. ® Private vs. Public property- depending upon the classification of the property in question dictates how the police respond. One example would be if the streets remain public then police have no ability to remove a person that would normally be considered a trespasser on private property. The opposite of that would be if the streets were private very little traffic enforcement could result, exceptions do apply. Many other examples can be cited. ® Segregation -Although not conclusive, research suggest that gated communities strengthen the idea of segregation in a community therefore posing a risk to strong cohesive relationship between the rich and poor in essences creating social divide in the community. ® Crime perception vs. reality -perception is that crime is lower in gated communities when in reality statistics show little difference partially in that most people that can afford to live within gated communities can reside in neighborhoods that have very little crime anyway. ® Crime in most cases is close to home- statistics show that most property and person crimes are perpetrator by persons that either live close to victim or know the victim. The staff has been requested to research the legal issues surrounding implementation of an ordinance authorizing gated sub -divisions within the Owasso community. While numerous benefits and drawbacks may be presented by both those advocating and opposing gated communities, the focus of this memo addresses potential legal issues and liabilities the City might incur if an ordinance regulating gated communities, either on private or public roads, were to be adopted by the City Council. It should be noted at the outset that staff has been unable to locate a municipality within Oklahoma, or any other state, that has authorized and allowed gated communities on public roadways. Conversely, numerous cities have adopted ordinances regulating all aspects of design, operation and function for gates placed on private roads. As a result, it is well settled at this juncture that municipalities are soundly within their discretion to allow placement of gates within sub -divisions wherein the roads are wholly owned by the sub -division's homeowners. In stark contrast, however, there is a complete void of legal authority establishing precedent for a municipality's ability to allow placement of gates on public roadways. Litigation Potential - An informal poll of city attorneys from several municipalities revealed a unanimous belief that tolerance or blessing of private gates on public streets by a municipality would imminently result in litigation. As noted above, research of both federal and state appellate decisions revealed no authority whatsoever which is supportive of a city's right to allow gates on public roadways. However, it should be noted that while staff strongly anticipated finding settled authority prohibiting the same, such was not the case. Although the courts have spoken to ancillary and related issues on various occasions [lack of right to privatize surrounding streets, Hicks v. Commonwealth of Virginia, VA. Ct. App. (2004); lack of right to restrict a "traditional public forum" United States v. Kokinda, 110 S.Ct. 3115, (1990)], the precise and definitive issue of a city's right to authorize gating of public streets has not been addressed. In Kokinda, the United States Supreme Court made clear that the public's use of public properties which are considered traditional public forums, such as streets or sidewalks that are being used for lawful purposes, will be allowed significant constitutional protection, and statutory attempts to encroach upon the public's use are subject to intense judicial scrutiny. Absent an absolute on -point ruling from the judiciary, staff has attempted to make application of the traditional legal analyses utilized by the courts in similar types of cases. The initial consideration requires a preliminary determination regarding the type, nature and extent of liability potentially incurred by the City if an ordinance authorizing public road gating were adopted. One possibility would be a private right of action asserted by a taxpayer for misuse of public funds, i.e. an allegation that taxpayer dollars have been utilized solely to benefit private parties rather than to benefit the public as a whole. While a lawsuit of this nature might resolve successfully in favor of the plaintiff, it should be noted that the plaintiff would be unable to assert any actual, real or provable damages against the City. Judicial remedy would likely be restricted to injunctive relief against the City compelling removal of the gates. Recourse for the City, in the face of such an adverse verdict, could be as simple as requiring the homeowner's association to assume ownership of the roads within the gated area. An additional possibility, which would subject the City to greater liability than a taxpayer right of action, is the potential for a plaintiff to file an action claiming impairment of his or her constitutional rights under the 14"' Amendment of the United States Constitution. Specifically, it is likely that a plaintiff would allege abrogation of his or her liberty interest rights. In this instance, potential remedies are more significant. The initial prong of a court's analysis would seek to determine whether or not a federal liberty interest has been abridged by allowing placement of private gates on public roadways which restrict public access. If such an interest is found to exist, the judicial standard of review would be strict scrutiny. This is the highest form of judicial review and is only invoked by the courts when a fundamental liberty interest, or some form of generally prohibited discrimination, is at issue. Essentially, the City would be required to prove that allowing gates on public roadways is the sole means by which it can accomplish an important and necessary governmental objective. More often than not, ordinances are stricken as unconstitutional under this standard of H IRIP11 i.•� Assuming that a fundamental liberty interest is not found to exist, a court would employ the rational basis standard of review. Therein, an ordinance must permissibly and reasonably set forth a means to accomplish an important governmental goal, and must not be arbitrary or capricious. The tried and true judicial test of scrutiny employed by the courts in making these determinations is the rational basis test: Does the ordinance serve some permissible, rational and logical need of the municipality? If the City could sufficiently establish the necessity of private gates on public roadways under this analysis, defense of the ordinance might be successful. This presupposes, however, that the plaintiff is unable to mount a successful challenge on grounds of equal protection. The standard employed by a court reviewing an ordinance alleged to violate the Equal Protection Clause of the Constitution is strict scrutiny, as discussed above. In this instance, a plaintiff would allege disparate treatment among the citizenry of Owasso based on residence, and, by implication, wealth. Although wealth has not been recognized as a protected class for purposes of equal protection, under strict scrutiny review an equal protection challenge has some chance of success in the courts. Traditionally, the courts have been protective of differing treatment by governmental entities which is based either in fact or implication on the social status or wealth of individuals. Conclusion - There are no significant legal issues created by the City's decision to allow placement of gates on private roadways. Presumably, any delay in response time by emergency personnel due to malfunction of the gates falls within the doctrine of assumption of the risk. However, an ordinance permitting private sub -division gates on public roadways is highly likely to result in litigation if challenged by a citizen. The City would have no legal precedent upon which to base its defense and would be compelled to successfully establish that a fundamental liberty interest is not present and that the ordinance is not violative of the Equal Protection Clause. Litigation of this type is likely to be protracted and expensive, and the outcome is uncertain at best. Therefore, staff recommends that any ordinance passed by the City Council allowing the placement of private gates specifically restrict installation of gates to private roadways, or, alternatively, at least refrain from expressly allowing placement of gates on public roadways. Additionally, implementation of additional specific guidelines mandating design and operation standards for the benefit of public service vehicles is recommended. Gated communities have broadly been classified into three groups (Blakely and Snyder, 1997). The first group includes retirement communities, golf communities, and country club leisure developments where the gates provide security and separation for the leisure activities within. Entire municipalities are being developed in places like Southern California, Arizona, and Texas that fit within this first category. The second type of gated community includes neighborhoods that are valued as markers of distinction and status, though the neighborhoods lack the amenities of the first group. Like the first group, these neighborhoods are developer -built, and primarily suburban. The residents of these gated communities range from the rich and famous to the working class. It appears that most gated communities that are developed in Owasso would fall into this group. The third category of gated community includes neighborhoods where trouble with crime or traffic and fear of outsiders are the most common motivation for gates. In most examples of these neighborhoods, residents, not developers, install gates and fences to their previously open neighborhoods. Benefits for the homebuyer - There exist different reasons for households to find gated communities desirable. A gated development' s reputation is often attractive for households seeking status. Privacy and quiet isolation may be preferred. Traffic is not as heavy in a gated community as it would be in a non -gated counterpart. The perception of crime is lower when a neighborhood has a security gate; indeed, a poll conducted by the Community Associations Institute reported that 70 % of gated community residents believed their community was safer than surrounding areas (Harris and Evans, 1999). Properties inside gated developments can offer solid investments - a 2001 study on property values indicated that the expected sales price for a 2,500 square feet home was 7.6% higher inside a gated neighborhood than a non -gated neighborhood with a homeowners' association, and 25.9 % higher than a non - gated neighborhood without a homeowners' association (LaCour-Little and Malpezzi, 2001). Benefits for the City - The most compelling benefit for a municipality to allow gated communities is that a 1996 survey conducted by the National Association of Home Builders revealed that 47 % of homebuyers prefer a gated entrance (Harris and Evans, 1999). A city that allows neighborhoods to have gated entrances may realize a significantly larger pool of prospective homebuyers than a city that does not. Drawbacks for the homebuyer - Some Owasso residents have indicated a reluctance to support a security gate because of the noise it would generate while in operation. Another drawback is the increased cost of homeowners' association dues as a result of gate maintenance. Additionally, deliveries and guests would be inconvenienced when visiting households within a gated community. Postal service and other services would be at the discretion of the service providers, unless the gates were open at the time the services are delivered. Drawbacks for the City - According to conversations with planning and development departments elsewhere, many cities have policies that gated communities do not receive police patrols, resulting in an increased number of speeding motorists and a subsequent increase in the risk of traffic accidents. Those conversations also reported a delayed emergency response time for fire fighting personnel because of the time necessary to open a gate. Additionally, a pattern of gated communities could present a drawback for the City if collector streets, roads that connect arterials, became gated. With gates across collectors, traffic pressure would increase on the arterial system and detours, such as the current traffic route through Ator Heights while North Garnett is being widened, might be less feasible. Summary of general research - The findings of the staff' s research indicate that gated communities can be a very divisive issue. Many planners regard gates as part of a troubling trend to limit access to residential and other areas, " representing a retreat from the public realm... a dramatic manifestation of the fortress mentality growing in America," (Blakely and Snyder, 1997). The development patterns established by gated neighborhoods are perceived as deleterious to the social fabric by the entertainment industry, the media, social workers, and have even been the subject of science fiction novels (Le Goix, 2003). An activist organization calling itself Heavy Trash has even been formed that places viewing platforms near the entrances to gated communities in Los Angeles so that passersby can look into the gated communities. However, the facts that 47 % of homebuyers prefer a gated entrance and that gates enhance property values cannot be overlooked. The primary appeal of gated communities is their promise of improved security (McGoey, 2005). Most gated neighborhoods share three general points: 1) A homeowners' association. Existing associations require compliance with covenants and deed restrictions before homeowners finalize their paperwork. If the covenants are not already established, unanimous agreement is required. 2) A near consensus among the residents that gating is desirable. 3) Usually, the neighborhood is bordered by a natural or man-made boundary so that gating a few key access points will provide adequate security. Most homeowners like to feel a part of a community. They expend some effort to create or seek out enclaves of compatible neighbors and amenable surroundings. Viewed as part of this effort, gated communities can be seen as attempts to recreate the idealized small American town where everyone knows and cares about each other. [8110I-11i►ftl The following findings from the staff share one basic characteristic - that provisions should be developed allowing for gated neighborhoods. Taken together, the recommendations call for gates to be allowed only on private, non -collector streets and under the guidelines of specific criteria to be adopted by the City. 1. From Public Works: Gated entrances have no significant impact on our ability to provide water, sewer, refuse collection and street/drainage maintenance services. If used excessively, they could result in the dismembering of the City's residential street network, overloading alternate routes. On the other hand, when used appropriately, gates can provide an attractive amenity to our residents. 2. From Fire Department: The staff recommends that strict criteria be adopted for the installation of gates into developments. 3. From Police Department: It is the recommendation of the staff that strict guidelines be developed regarding emergency services access and that the streets and sidewalks be privatized. 4. From City Attorney: The staff recommends that any ordinance passed by the City Council allowing the placement of private gates specifically restrict installation of gates to private roadways, or, alternatively, at least refrain from expressly allowing placement of gates on public roadways. Additionally, implementation of additional specific guidelines mandating design and operation standards for the benefit of public service vehicles is recommended. 5. From Community Development: The staff recommends that the City of Owasso create provisions that allow for the development of gated neighborhoods. Further, the staff recommends that gated neighborhoods only be allowed on streets that do not provide connections between arterials. PUBLIC HEARING: On January 17, 2006, the City Council conducted a public hearing to solicit citizen input regarding gated communities. One citizen spoke to the Council during this hearing and expressed their concern that neighborhoods behind gates become a target for criminal activity such as vandalism. 1 11 Wrow., Attached is proposed Ordinance No. 837 that would allow gates in Owasso subdivisions. The ordinance was developed by the staff, using the above findings as its basis. Ordinance No. 837 would allow gates only on private streets and would not allow gates on collector roads. The staff recommends approval of Ordinance No. 837. ATTACHMENTS: Proposed Ordinance No. 81, BLAKELY, E. J. & SNYDER, M. G. (1997). Fortress America, Gated Communities in the United States. Washington D.C., Cambridge, M.A.: Brookings Institution Press & Lincoln Institute of Land Policy. HA S, J. C. &z EVANS, J. S. (1999), Suburban Fortresses. Tierra Grande, the Real Estate Center Journal, 1323 (July 1999), 50-52. LaCOUR-LITTLE, M. & MALPEZZI, S. (2001). Gated Communities and Property Values. A paper presented to the American Real Estate and Urban Economics Association. LE GOIX, R. (2003). The Suburban Paradise or the Parceling of Cities? Los Angeles, CA, UCLA International Institute. McGOEY, C. (2005). Gated Communities. Los Angeles, CA, Aegis Books, Inc. 1 , REQUIREMENTS '' O' ACCESS I' GATED COMMUNITIES AND PLANNED ORDINANCEUNIT DEVELOPMENTS, AND PROVIDING FOR REGISTRATION AND INSPECTION THIS l 1 OF ORDINANCES BY ADDING A NEW SECTION TO BE CODIFIED AS SECTION 12- BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1)a Part Twelve, Planning, Zoning and Development, Chapter 2, Zoning Regulations, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted by providing and codifying as follows: SECTION ONE (1) Gated access will only be considered and allowed for private streets in approved Planned Unit Developments, apartment projects, or other subdivision plats approved by the City Council. Only local streets that would not otherwise provide access to other neighborhoods will be considered eligible for gates. No collector roads that would connect one arterial to another arterial will be considered eligible for gates. All plats submitted with private streets and gated access shall require the approval of the Planning Commission and the City Council. The City of Owasso, prior to the issuance of any building permits, shall approve streets and grading plans for the subdivision, and those plans shall show the locations and details of all gates. SECTION TWO (2) Any gate shall be located a sufficient distance from a public street to allow two (2) cars to line up at the gate so as to completely clear the right-of-way of the abutting public street without interfering with vehicles utilizing the public street; the minimum acceptable distance from the gate to the public street right-of-way shall be no less than forty (40) feet. A turn around lane shall be provided for vehicles unable to enter the gated development. SECTION THREE (3) Road spikes, barbs, or other tire damaging devices are prohibited. Spikes installed on gates shall also be prohibited. SECTION FOUR (4) Use of controlled access does not negate other City of Owasso ordinances. SECTION FIVE (5) A Homeowners' Association or a similar entity shall be established and the name, addresses and emergency contact numbers provided to the Fire Department. The Homeowners' Association shall be responsible for the following: (a) Maintenance and repairs of the private streets and/or fire lanes, and to provide the funds for such. (b) Maintenance testing and repairs of all functions of the gate. (c) Accompanying the Fire Department officers during annual inspection and testing of the opening systems. (d) Maintaining a service agreement with a qualified contractor to insure year round maintenance. SECTION SIX (6) The minimum gate opening width, including clearance for all improvements related to the gate, shall not be less than fourteen (14) feet per lane if there is to be ingress and an egress gates. SECTION SEVEN (7) A battery back-up system shall be provided for each gate. These batteries will be trickle charged to maintain electrical energy, and in the event of loss of normal electrical current, cause the gate to open until reset by the Homeowners' Association. An emergency release or hitch pin shall be installed on the control arm. SECTION EIGHT (8) This hitch pin, when removed, will detach the control arm from the gate and allow the gate to swing open freely with manual intervention. An emergency release shall be installed on the gate. This emergency release, when removed, will detach the gate from the opening device and allow the gate to swing or slide open freely with manual intervention. 4 SECTION NINE (9) The gate shall be equipped with a "C1ick2Enter, Inc. public safety access system, which utilizes the existing emergency service radios for rapid entry. SECTION TEN (10) All streets within the development shall otherwise meet the requirements of the Comprehensive Plan, Subdivision Regulations, and the design standards of the City of Owasso. SECTION ELEVEN (11) Should any problem occur in the operation of the gate or any violation of any section of this ordinance, the gate shall remain open and accessible until the problem is resolved and/or the gate is repaired and tested. SECTION TWLEVE (12) When a covered entry structure is requested, the minimum height shall be no less than sixteen (16) feet. The width shall be no less than twenty (20) feet. SECTION THIRTEEN (13) Any developer, Homeowners' Association, or other responsible property owners proposing any gated community must provide the City of Owasso (including Fire, Police, Public Works, and Community Development) access assurance prior to installation of any approved gate. The access shall be provided by an easement to be dedicated to the City of Owasso in the deed of dedication of the plat for utilities and essential City services in the streets and common areas as designated on the subdivision plat. SECTION FOURTEEN (14) The developer, Homeowners' Association, or other responsible property owners shall provide for annual inspection of each gate to insure that each gate is tested to meet all of the construction requirements prior to it being approved for operation or continued operation at any point the gate fails to meet the standards. The verification of the access agreement and a copy of the latest inspection form will be kept on file with the City of Owasso City Clerk including the contractor's name, address, and 24-hour-a- day telephone number(s). The developer, homeowner's representative, or responsible property owner's name, address, and telephone number shall be a minimum requirement for approval of the annual inspection of the gate. SECTION FIFTEEN (15); Repealer All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. 3 SECTION SIXTEEN (16): Severability If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION SEVENTEEN (17)e Declaring an Effective Date The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION EIGHTEEN (18): Codification The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 12, Chapter 2, as section 2-203. PASSED by the City Council of the City of Owasso, Oklahoma on the 21St day of March, 2006. Sherry Bishop, City Clerk Julie Lombardi, City Attorney 4 Craig Thoendel, Mayor In 1 THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO ,11 March 15, 2006 BACKGROUND. In 2002, Public Works Department Engineering Division staff compiled street data pertaining to needed repairs to develop a comprehensive street repair program. Residential streets throughout the entire city were inventoried and evaluated using a street management computer program. Sites identified for repair were prioritized ranging from low, moderate to high priority. In May 2004, this inventory was revised, updated and refined. At that time, a total of 201 sites were rated as high priority (see Attachment A). In June 2005, Council approved production of complete bid documents for the FY 2005-2006 Street Repair Project. As part of the FY05-06 Street Repair Project, ten (10) of the highest rated sites were advertised for repair by contract (see Attachment B). The Engineering Estimate prepared by Public Works staff in January 2006 was $80,819.44 (base bid only). The next six (6) highest rated sites were included in this bid as individual alternates (See Attachment A for all 16 locations). The Engineers Estimate for these six (6) alternates totaled $64,397.22. The Engineer's Estimate of total project cost base bid and alternates — was $145,216.66. ANALYSIS OF BIDS. Notice to Bidders was published in the Owasso Reporter on February 7, 2006 along with fax notifications sent directly to twenty-three (23) local contractors. Bids were opened on February 27, 2006 with three (3) local contractors submitting the following bids (base bid and alternates): Magnum Construction, Inc. (Broken Arrow) $ 98,536.00 Tri-Star Construction (Claremore) $ 121,525.00 APAC-Oklahoma (Tulsa) $ 122,189.00 A complete tabulation of unit prices and alternates is included as Attachment C. Page 2 Bid Award For FY 05-06 Street Repair Project Magnum Construction, Inc. submitted the apparent low bid of $98,536.00. Engineering Division staff examined the submitted bid package and no omissions or errors were discovered. Magnum Construction, Inc. has successfully completed work for the city and was the contractor for the FY 2004-2005 Street Repair Project. PROJECT FUNDING: Funds for this project are included in the FY05-06 Streets Division Capital Outlay budget (Line Item 01-300-54213). A total of $106,223.45 is presently available in the budget. RECOMMENDATION: Staff recommends Council award the FY05-06 Street Repair contract to Magnum Construction, Inc. of Broken Arrow, Oklahoma in the amount of $98,536.00 ATTACHMENTS: A. Priority Listing B. Street Repairs FY 2005-2006 Map C. Bid Tabulation Public Works Department 301 West 2"d Avenue P.O. Box 180 Owasso, OK 74055 (918) 272-4959 FAX (918) 272-4996 - -• -- •- r Priorit Location OCT Deficiency 1 Main Street 31 Rutting, 7xl7, 7x17, 7x55, 4x5, 5x12 ,5x9, 6x40, 4x7, 6xl6, 6x 15, 12x28 2 Main Street 31 Rutting, l 1x51, 20, 7x9, 4x9, 6x8 3 Owasso Expressway 42 Rutting, 8x 17 4 Owasso Expressway 44 Rutting, 5x33, 5x45, 4x30, 6x65 5 Owasso Expressway North 45 Rutting, Advanced Cracking, 12x7, 8x40 6 E 83rd St 45 Rutting, 7x30 7 E 90th St 46 Rutting, 8x23, 4x10, 2307 8 E 90th St 46 Rutting, 8x24, 10x17, 6x30,12x24 9 N 121 st E Ave 47 Rutting, 11x22, 12x13 10 N 121st Ct 47 Rutting, Advanced Cracking, 12x10 11 W 3rd St 47 Rutting, Advanced Cracking, 1Ox72, 4x28 12 W 3rd St 47 Rutting, Curb Failure, 5x158, 3x23, 3x56 13 E 80th PI 48 Rutting, Curb Failure, Advanced Cracking, 9x40, 23x40, 3x15, 6x 10, 9x67 14 Dogwood 50 Severe Rutting, 8x20 15 N 125th E Ave 50 Utility Trench Failure, 4x 17 16 N 126th E Ave 50 Rutting, Advanced Cracking, 12x17, 11x11 17 4th St 50 Edge Rut, 7x15 18 E 83rd PI N 50 Potholes 5x5, 4x5 19 N 121st E Ave 50 Rutting in culdesac 3x45 20 N 125th E Ave 51 Pothole (2x5) 21 N 125th E Ave 51 Rutting 3.5x31, 5x50, 3x15 22 E 83rd St N 51 Pothole (1 Ox2) 23 E 80th St N 51 Pothole (3x3) 24 9th St 51 Advanced Cracking, Multiple Potholes 12x86 25 9th St 51 Rutting 5x11 26 N 118th E Ave 52 Advanced Cracking 8x8 27 E 80th St N 52 Rutting c) hntersection 3x24 28 1 st Ave 52 Alligator Cracking 5x 13, 5x 15,15x 15 29 Birch St 52 Advanced Cracking 7x40, 1 Ox76, 800, 19x29 30 Birch St 52 Alligator Cracking 13x6 31 N 1 12th E Ave 53 Advanced & Alligator Cracking 4x8, 12x15 32 N 121 st E Ave 53 Potholes (20x4 Multiple) 33 16th St 54 Pothole Multiple 12x12 34 E 89th St N 54 Pothole2x2 35 E 89th St N 54 Rutting 3x12 36 N 1 17th E Ave 54 Alligator Cracks 4x8 37 N 117th E Ave 54 Pothole 3x5 38 E 120th Ct N 55 Pothole 3x2, 2x2 39 N 121 st E Ave 55 Failing Utility Patch 3x24 40 N 121 st E Ave 55 Heaving 25x1 41 N 121 st E Ave 55 Potholes 1 x 1, 1 x2, 2x 1, 30, 3x4, 20, 2x2 42 N 121 st E Ave 55 Rutting 25 x3 43 N 124th E Ave 55 Rutting 3x22. 2x5 Street Repair Project Priority Listing Page 2 of 4 Priorit Location OCI Deficiency 44 E 87th St N 55 Pothole ( 2x5) 45 E 87th St N 55 Rutting 30x6, 27x9 46 E 83rd PI N 55 Potholes (4x2) 47 N 121 st E Ave 55 Potholes (2x2, I x 1,1 x 1) 48 Birch St 55 Advanced Cracking 6x7 49 Elm St 56 Alligator & Advanced Cracking 1 Ox100 50 Elm St 56 Alligator Cracking & Rutting 24x50 51 E 90th St N 56 Advanced Cracking 14x20 52 N 124th E Ave 56 Rutting 20x3 53 N 127th E Ave 56 Potholes 2x2, 6x4 54 Atlanta 56 Advanced cracking 600 55 Atlanta 56 Cracking & Settling around patches 5x8, 3x8 56 5th Ave 56 Pothole 8x4 57 N 124th E PI 57 Rutting 1Ox10 58 E 82nd St N 57 Alligator Cracks & Settling 3x5 59 E 82nd St N 57 Chicken Wire Cracks (4-5x5) 60 Atlanta 57 Rutting & Heaving 4x40 61 Atlanta 57 Rutting 3x100 62 N 110th E Ave 58 Potholes 30, 4x2 63 N 110th E Ave 58 Rutting 3x45 64 E 87th St N 58 Pothole ( 2x5) 65 E 87th St N 58 Rutting (2) 5x5, 5x20 66 Cedar St 58 Alligator Cracking 24x50 67 3rd Ave 58 Pothole 30 68 3rd Ave 58 Settling IOx10 69 E 90th St N 59 Pothole 2x2 70 E 114th St N 60 Potholes Multiple 1 Ox 10 71 E 87th St N 60 Pothole ( I x5) 72 E 87th St N 60 Rutting & Advanced Cracking 300 73 E 88th St 60 Potholes (1x2, 3x8) 74 E 77th St 60 Potholes (Multiple) 8x22, 14x11 75 E 77th St N 60 Rutting 3x200 76 N 120th E PI 61 Potholes (2-3x2) 77 4th St 61 Advanced Cracking 4x61 78 4th St 61 Potholes Multiple 100 79 Atlanta 61 Rutting 3x 116 80 E 87th St N 62 Potholes lxl, Ixl, 2x1, Ixl, 2x2, 2x2, Ixl, 3x1 81 E 87th St N 62 Rutting 300, 2x20 82 E 88th St N 62 Rutting At hltersections 29x7, 270 83 E 93rd St N 62 Alligator Cracks 8x10, 8x12 84 N 119th E Ave 63 Potholes 4x9 85 N 132nd E Ave 63 Advanced Cracking 24x30 86 Cedar St 63 Alligator Cracking I Ox20 87 1 st Ave 63 Advanced Cracking & Rutting l 2x20 88 1 st St 63 Advanced Cracking 20x24 89 3rd Ct 63 Alligator Cracking 6x30 90 3rd Ct 63 Rutting 3x60 91 Birch St 63 Alligator Cracking 5x30 92 Birch St 64 Alligator Cracks 4x25 93 E 109th St N 65 Potholes 30, 2x4 94 3rd St 65 Alligator Cracking 5x12 Street Repair Project Priority Listing Page 3 of 4 Priority Location OCI Deficiency 95 3rd St 65 Potholes Multiple 12x20 96 Dogwood St 65 Pothole (Multiple) 1Ox10 97 Dogwood St 65 Rutting & Curb Failure 3x10 98 Atlanta 66 Rutting 3x15 99 4th St 66 Alligator & Advanced Cracking 24x65 100 Ash 66 Advanced Cracking 20 101 Birch St 66 Advanced Cracking @ 6th intersection 6x18 102 Cedar St 66 Alligator Cracking 1Ox18, 6x10 103 Cedar St 66 Rutting 3x20 104 Elm St 66 Rutting 32x8, 3x10, 1O0, I Ox2 105 Elm St 67 Advanced Cracking 12x10 106 Elm St 67 Alligator Cracking 9x27, 1Ox10 107 E 88th PI N 67 Pothole 3x7 108 E 86th Ct N 67 Rutting 3x20, 1 Ox2 109 4th St 67 Alligator & Advanced Cracking 24x87 110 2nd St 67 Potholes Multiple IOx2 111 3rd St 67 Potholes Multiple I Ox 12 112 3rd St 67 Rutting & Heaving 3x5 113 N 127th E Ave 68 Potholes 3x12 114 6th St 68 Alligator Cracking 3x24 115 Atlanta 68 Rutting 305 116 3rd St 68 Alligator Cracking 1Ox12 117 3rd Ct 68 Potholes Multiple 2400 118 19th St 69 Advanced cracks 2406 119 Elm St 69 Advanced Cracking & Rutting 9x70 120 4th St 69 Advanced Cracking 3x75 121 4th St 69 Pothole IOx5 122 11th St 69 Rutting 5x12 123 1 lth St 69 Advanced Cracking 24x24 124 Ash 69 Advanced Cracking & Rutting 350x2 125 Birch St 69 Alligator Cracking 5x12 Around Manhole 126 Dogwood St 69 Rutting 150, 20x2 127 14th St 70 Advanced Cracking 12x24 128 E 92nd St N 71 Multiple Potholes 129 Elm St 71 Advanced Cracking 8x12 130 Elm St 71 Pothole Multiple IOx3, 2x1, 2x1 131 E 88th St N 71 Potholes 20, 2x2 132 E 90th St N 71 Pothole (Multiple) 1Ox12 133 E 90th St N 71 Settling Utility Trench 4x24 134 5th St 71 Advanced Cracks 17x10 135 N 102nd E Ave 71 Alligator Cracking & Settling 4x4 136 8th St 71 Alligator Cracking 24x 120, 12x5, I Ox4 137 8th St 71 Pothole 3x1 138 N 103rd E PI 72 Pothole 2x2 139 22nd St 72 Advanced Cracking 20x120 140 17th St 72 Advanced Cracking 14x12 141 E 89th St 72 Potholes lx1, 20 142 E 89th St N 72 Rutting 3x50 143 N 100th E Ave 72 Rutting & Advanced Cracking 605 144 4th St 72 Advanced Cracking 5x2 145 18th St 73 Potholes Multiple 1 Ox2, 8x2, 1 Ox5 Street Repair Project Priority Listing Page 4 of 4 Priority Location OCI Deficiency 146 N 102nd E Ave 73 Rutting 4x22 147 Cedar St 74 Advanced Cracking 500 148 Cedar St 74 Potholes 2x4, 2xl 149 8th St 74 Pothole 3x2 150 E 90th St N 75 Alligator Cracking 1Ox15 Open Ravel 151 N 138th E Ave 75 Rutting 20x2 152 Birch St 78 Advanced Cracking @ Manhole 5x5 153 20th Ct 79 Potholes 4x2, Ix1, 3x2 154 20th Ct 79 Potholes Mutliple 1000 155 N 120th E Ave 80 Alligator Cracking / Heaving 5x5, 70 156 E 89th St N 80 Potholes 30, 3x2 157 N 120th E Ave 82 Rutting 2x10 @ 2+96 158 N 135th E Ave 82 Rutting 3x12 159 E 87th Ct N 82 Rutting 1 Ox15 160 E 89th PI N 82 Settling 12x25 161 N 120th E Ave 83 Potholes 2x2, 2x2 162 N 120th E Ave 85 Rutting (2) 3x20 163 N 120th E Ave 85 Small Pot Hole 1 x 1, 1 x2, 2x2, I x2, 2x2 164 E 89th PI N 85 Pothole 2x2 165 N 139th E Ave 85 Advanced Cracking 2x15 166 E 84th St N 85 Advanced Cracking 140 167 N 139th E Ave 88 Alligator Cracking 2401 168 E 89th St N 89 Advanced Cracking 1 Ox 12 169 E 89th St N 89 Pothole (2x2) 170 N 120th E Ave 90 Pothole 2x2 171 E 99th St N 92 Rutting & Heaving 3'x50' Near Knuckle 172 N 127th E Ave 93 Heaving 2x24 173 N 118th E Ave 94 1000 Patch Failure 174 N 117th E Ave 95 Cracking & Settling 50 175 N 117th E Ave 95 Potholes 2x2, 20 176 N I I8th E Ave 96 Pothole 30 177 N 120th E Ave 96 Settling 5x9 178 E 100th St N 97 Pothole 30 179 E 100th St N 97 Chicken Wire Cracks 5x10 180 E 100th St N 97 Pothole 4x4 ATTACHMENT 3 U v w O a a t� Q w w tr O O N I u� 0 O N 0 O O N I 0 O N I LJ w w STREET REPAIRS CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION SHEET 1 OF 10 (918) 272-4959 FAX (918) 272-4996 Bidder- Base Bid (Items 1 - 10) Alternate #1 Alternate #2 (Items 2A - 2B) Alternate #3 (Items 3A-3B) Alternate #4 Alternate #5 Alternate #6 Total Base Bid & Alternates I Repair Cost per SQ YD Tri Star Construction $ 65,250.00 $ 8,370.00 $ 17,750.00 $ 23,845.00 $ 1,980.00 $ 1,000.00 $ 3,330.00 $ 121,525.00 $ 101.36 Magnum Const $ 52,392.00 $ 6,882.00 $ 14,856.00 $ 19,744.00 $ 1,332.00 $ 592.00 $ 2,738.00 $ 98,536.00 $ 82.18 APAC-Oklahoma $ 66,552.00 $ 8,742.00 $ 16,922.00 $ 24,051.00 $ 1,692.00 $ 752.00 $ 3,478.00 $ 122,189.00 $ 101.91 Engineer's Estimate (January 2006) $ 80,819.44 $ 10,631.11 $ 18,472.78 $ 28,227.22 $ 2,044.44 $ 868.89 $ 4,152.78 $ 145,216.66 $ 121.11 I Im THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO i PUBLIC WORON RELOCATION ;�,UBJECT: AGREEMENT FOR GAS FACILITIES NATURALWITH OKLAHOMA COMPANY SILVER CREEK DRAINAGE DATE: March 15, 2006 BACKGROUND: In an effort to resolve drainage issues impacting the Silver Creek development area, on January 17, 2006, the City Council awarded a contract to Keystone Services, Inc. for the construction of "Off -Site" Silver Creek Drainage Improvements. The work includes construction of piping improvements throughout the Bradfords and Willows subdivisions and a collection structure in the Nottingham subdivision for a total contract amount of $569,229.95. A Notice to Proceed for the project was issued on February 9, 2006, and construction is underway for completion by August 2006. As part of the work, American Electric and Power (AEP), Southwestern Bell, Verdigris Electric Company, Oklahoma Natural Gas Company and Cox Cable were asked to engineer relocation of utilities as needed to allow for the construction of improvements. No utility conflicts — except for ONG's — were identified during the design phase. Oklahoma Natural Gas Company (ONG) currently owns approximately 370 linear feet of low and medium pressure distribution pipelines. Of the total length, 115 linear feet are located within the public ROW and 225 linear feet are located outside the public ROW and within privately owned easement. This portion must be relocated at an estimated cost to the City of S17,757.00 including material, labor, and contract administration. AGREEMENT FOR GAS FACILITIES RELOCATION: The Agreement (see Attachment A) contains language outlining the basis for relocation costs and ONG's reimbursement policy. The language is similar to that of previous agreements between ONG and the City of Owasso. Agreement For Gas Facilities Relocation Silver Creek Drainage Improvements Page 2 of 2 ® The City will reimburse ONG within thirty (30) days of completion of work, which is estimated to be early July 2006. • Relocation costs will be based on actual relocation costs. These costs may include material suppliers', work contractors' and equipment rental invoices; ONG's transfer and expense charges for warehoused materials (at then -current rates and prices); payroll time sheets; indirect labor charges; auto, truck and equipment use records; expense statements and standard allocated overhead charges. ® ONG will award and pay for the work based on competitive bids. ® ONG easements shall be considered to retain precedence so that any City project in the future requiring additional relocations of the same facilities shall be paid by the City. The City Attorney has reviewed the Agreement and found it acceptable. FUNDING: Funding for Silver Creek Drainage Improvements in the amount of $450,000 is included in the Fiscal Year 2004-2005 Stormwater Division Capital Outlay budget (01-370-54230), supplemented by a $880,000 allocation from the Capital Improvements fund (40-370-54230- 034). Adequate funding remains in the Capital Improvements fund to satisfy this request. RECOMMENDATIONS: Staff recommends Council approval of authority for the City Manager to execute the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and the City of Owasso for Silver Creek Drainage Improvements in the amount of $17,757.00. Staff further recommends Council approval of authority for the City Manager to terminate the agreement (as allowed by the agreement) if revised estimates submitted by ONG become more than $17,757.00 prior to commencement of construction and if it is deterinined by the City Manager that the revised estimate no longer fits within the City budget. ATTACHMENTS: A. Agreement and estimate AGREEMENT GAS FACILITIES RELOCATION SILVER CREEK DRAINAGE CITY OF OWASSO TULSA COUNTY Oklahoma Natural Gas Company, a Division of ONEOK, Inc., hereinafter called "Company," owns various medium pressure and low-pressure distribution natural gas pipelines within the construction limits of the referenced project in the City of Owasso, Tulsa County, Oklahoma, which Company utilizes in the discharge of its duties as a public service corporation. City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," has requested Company to relocate these facilitiesto accommodatethe proposed construction of the referenced project as shown on plans therefore, the latest of which were received electronicallyby Company on November 21, 2005. City agrees to reimburse Company m the extent and manner hereinafter stated for that portion of the cost of relocating said facilities which is for the benefit of City. Company proposes to perform the necessary relocation of its facilities in substantial accordance with the four plan sheets and the one -page cost estimate, all dated December 16, 2005 (drawings and estimate revised February 27, 2006), of which four copies each are attached. Company will bear the cost of relocating the portions of the facilities which do not occupy private rights -of -way. The City's share of the estimated cost of the necessary relocation will be $17,757, all of which is to be reimbursed to Company by City. City by accepting the proposal agrees that City shall reimburse Company for its share of the total actual relocation costs, said costs being arrived at in the same manner as used in Company's estimated cost of the project attached hereto. Such relocation costs will be based upon, but not necessarily limited to, material suppliers', work contractors, and equipment -rental invoices; and at then -current rates and prices, company's transfer and stores expense charges for warehoused materials; payroll time sheets; indirect labor charges; auto, truck, and equipment use records; expense statements; and standard allocated overhead charges. Company's award of and payment for contracted work will be based upon competitive bids or continuing contract, whichever appears to the Company will be most practical and economical. It is further understood, and City by accepting this proposal agrees, that City will reimburse the Company in accordance with this agreement within thirty (30) days afterthe said relocationwork has been completed and Company's statement for City's costs thereof has been submitted. Company agrees that in the event Company should determine prior to commencement of construction that the revised estimated amount of the reimbursement by the City may exceed the estimated cost as stated herein, Company shall notify the City of such determination in writing. City shall have the right to terminate this agreement with in ten (10) days of receipt of such said written notice. If City elects to so terminate, City shall pay Company the City's share of any engineering cost incurred to date of termination. If the City does not terminate the agreement within the ten (10) days, it shall remain in full force and effect. The Company by agreeing to or by abandoning, relocating, or modifying any of its facilities pursuant to this agreement shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the time of the execution of this agreement under valid and subsisting private right-of-way easements granted to, obtained by or through condemnation, or otherwise vested in the Company unless the Company shall have released same by written instrument. Page 1 of 3 I`urlhcr, should the company in the course of relocating the above -described facilities relocate any ol'such facilities presently located on private right-of-way onto public right -of way, the Company shall be deemed in respect to such facilities to have retained sufficient easement and other rights such that if said facilities are encompassed within any future governmental project requiring relocation, adjustment, or abandonment of such faci I ities, that the Companyshall be entitled to reimbursement for the cost of such relocation, adjustment, or abandonment from the governmental agency requiring the same; provided, however, this provision shall not be construed as requiring reimbursement by the City of Owasso except when such relocation, adjustment, or abandonment is required for a project of the City of Owasso. Any changes made by the City in this proposal as submitted by the Company shall be subject to the written acceptance thereof by the Company before there is any binding contract between the parties. City by accepting th is proposal warrants that it now has or will have unencumbered funds available with which to pay the relocation costs to the extent herein above provided. If this proposal is not accepted by the City within one (1) year from the date of this letter, this proposal shall automatical lyterm inate and thereafter shall not be subject to acceptance. by the City unless the proposal is reinstated by Company. Company respectfully requests that the City of Owasso agree to the terms of this proposal by signing in the space provided below and returning one executed copy to us. 45Sec7reta� Dated OKLAHOMA NATURAL GAS CO A SIGN OF® O Inca 7, By: Page 2 of' 3 /\|1/K()VlIU as in [onm and lucu|iiy this ___ day o[ 2006. City Attorney ` City Clerk This -day of 2006. l%ugu3 or 3 OKLAHOMA NATURAL GAS COMPANY ESTIMATED GAS FACILITIES RELOCATION COST SILVER CREEK DRAINAGE CITY OF OWASSO, OKLAHOMA 021.055.2157.010020 MATERIAL COST: 2" PIPE -PE, 2406, IPS, .216" WALL, SDR 11, YELLOW 2"X2" TEE -TAPPING, ELECTROFUSION, HIGH VOLUME 2" ELBOW-SOCKETFUSION, 90 DEG, MD PE 2406 2" CAP-SOCKETFUSION, MD PE 2406 2" COUPLING-SOCKETFUSION, IPS, MD PE 2406 5# ANODE -MAGNESIUM, PACKAGED, 10FT LEAD #10 WIRE -TRACER, FOR BORING, SOLID COPPER, ASTM B-1 MISC. MATERIAL TOTAL ESTIMATED MATERIAL COST INSTALLATION COST: Stores Expense Contract Construction Labor Contract Design & Drafting Services Company Labor Indirect Labor, Payroll, Insurance, and Taxes Automotive Expense Right of Way Damages TOTAL Administrative and General Expense Omissions and Contingencies ESTIMATED INSTALLATION COST ESTIMATED MATERIAL COST ESTIMATED ABANDONMENT COST TOTAL ESTIMATED RELOCATION COST FINANCIAL RESPONSIBILITY Total within Private Right of Way m 255 ft. Total within Public Right of Way ® 115 ft Citv Share 255 ft. within additional required RfW 370 ft. within total required R/W ONG Share 115 ft. within present Public RIW 370 ft. within total required RIW Eastern Region Engineering (Randy Stalcup) Prepared By: Utility Design Services Inc. (Gerald Noll) 12/16/2005 (Rev.2127/06) QTY UNIT COST AMOUNT 395 ft. 0.35 $139 5 ea. 43.53 $218 10 ea. 1.56 $16 8 ea. 0.84 $7 4 ea. 0.54 $3 5 ea. 17.85 $90 395 ft. 0.06 $24 28 $525 68.92% = $17,757 31.08% = $8,008 $87 $10,250 $4,569 $1,538 $633 $231 1 500 $19,333 $3,022 $2,794 $24,624 $525 $616 TULSA COUNTY Qurp s S.E./4 SEC. 21 T.21.N. R.14.E. AREA LAYOUT ONG ATLAS OWASSO 84 MATERIAI. REQUIRED Oi 395' of 2" PIPE -PE, 2406, IPS, .216" WALL, SDR 11, YELLOW 2 5 — 2'X2' TEE -TAPPING, ELECTROFUSION, HIGH VOLUME 3 10 — 2° ELBOW-SOCKETFUSION, 90 DEG, MD PE 2406 4 8 — 2' CAP -SOCKET FUSION, MD PE 2406 4 — 2' COUPLING-SOCKETFUSION, IPS, MD PE 2406 6 5 — 5# ANODE -MAGNESIUM, PACKAGED, 10FT LEAD 75 395 — #10 WIRE -TRACER, FOR BORING, SOLID COPPER MATERIAL, TO ABANDON OR REMOVE >x 370' of 2° PIPE, PLASTIC(02, 98,& 00) T 21 N METER SERVICES 5 - METER RECONNECTS LEGFND ® -Nor rw xx - Extsr. Noce ¢ 0 10 20 40 ®_ uEiEx — exrsr. rw ® - RECUUTOR �� 1" m 20'-0" — f-- cuT a cw RRoeosm NEW REUU'E OR ABANDON UDS No. 2005-022 Propa— By. UMV N., SaMcea — " OKLAHOMA NATURAL GAS COMPANY PROP. RELOCATION OF VARIOUS GAS PIPELINES SILVER CREEK DRAINAGE IMPROVEMENTS _. CSTY OF OVASSO, OKLAFIOMA Ig ,3> a I 5 JW a C w � J x N l(yOW�d3 Zs 0011, ��9 N \91i�O � I SY a6�tdise 8,os dW 1SIX3 _ W — 'UV JSVa ±aiYT l i MT As ®OOO T 0 p o W � N O i 1 i O O a3S UN •1SIx3 j( ao I i a o N� � I I w! h � I F I J I I� --- I W I p e I� a� o X �n Q aQ N �X w Ocnw Zzm � arg U �p e o0 4 0 cl: F g ro ( I (86)BtiLS-9l-lS.,_M N OS — Jill IX3 (86)FtiLS-9l-LS dW d„Z"1SII -Ma ,OS=(dW)d„Z '1SIX3EZ HA5 CII ON f -- W cn /�. w I' z ' o � i of I �� w N I v I I �i E� E � I i N 12 a 1 N / O / N a � Lil e Q N � O d W WJ� f—~O Ocnw zzm