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HomeMy WebLinkAbout2007.06.05_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: June 5, 2007 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 5:30 P.M. on Friday, June 1, 2007. 0 J ann M. Stevens, Deputy ity Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Darrin Hamm, New Heights Church 3. Flag Salute 4. Roll Call 5. Presentation of Employee of the Month Mr. Ray Mr. Ray will present the Employee of the Month for June 2007. S:\Agendas\Council\2007\0605.doc Owasso City Council June 5, 2007 Page 2 6. Presentation of the Character Trait of Humility. Michele Dempster, Owasso Character Council 7. 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 May 15, 2007 Regular Meeting. Attachment # 7 -A B. Approval of Claims. Attachment # 7 -13 C. Approval of Ordinance No. 894, an ordinance approving an easement closure consisting of 64 sq ft of an 11' utility easement located along the common lot lines between Lot 2 and Lot 3, Block 2 in the Smith Farm Marketplace. Attachment # 7 -C Staff recommends Council approval of Ordinance No. 894 and has listed this item in the consent section of the agenda based on Council actions taken May 15, 2007 to approve the easement closure request. D. Rejection of all bids received for the Ranch Creek Crossing No. 1 Stormsewer Improvement Project. Attachment # 7 -D Staff recommends Council reject all bids received for the Ranch Creek Crossing No. 1 Stormsewer Improvement Project and further recommends the re- advertisement of the project in six months. E. Acceptance of the Robinson Sanitary Sewer Extension located north of E. 96th Street North and N. 134th East Avenue. The infrastructure improvements consist of approximately 1,400 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances. Attachment # 7 -E Staff recommends Council accept the Robinson Sanitary Sewer Extension. S :\Agendas \Council\2007\0605.doc Owasso City Council June 5, 2007 Page 3 F. Approval of the FY 2007 -2008 contract between the City of Owasso and the International Association of Firefighters, Local # 2789. Attachment # 7 -F Staff recommends Council approval of the second year of the two year contract with the International Association of Firefighters, Local # 2789. 8. Consideration and appropriate action relating to a request for Council confirmation of the Mayor's appointments to various Boards and Commissions. Mayor Cataudella Attachment #8 The Mayor will recommend Council confirmation of the appointments to various Boards and Commissions. PUBLIC HEARING 9. The City Council will conduct a public hearing for the purpose of receiving citizen comments and input regarding the City of Owasso Fiscal Year 2007 -2008 Annual Budget Proposal. Mr. Ray The City Manager will present his proposed budget and a public hearing will be held for the purpose of receiving comments and citizen input regarding the Fiscal Year 2007 -2008 Annual Budget Proposal. 10. Consideration and appropriate action relating to a request for Council award of a construction bid for the purpose of installing fiber optic cable from City Hall to Public Works. Ms. Willson Attachment # 10 Staff will recommend Council award a construction bid for the purpose of installing fiber optic cable and one year maintenance to Dan-D -Co of Catoosa, Oklahoma in the amount of $15,780. S:\Agendas\Council\2007\0605.doc Owasso City Council June 5, 2007 Page 4 11. Consideration and appropriate action relating to a request for Council award of a contract for the purpose of installing pavement striping related to the FY 2006 -2007 Street Rehabilitation Project. Mr. Alexander Attachment #11 Staff will recommend Council award a bid for the purpose of installing pavement striping related to the FY 2006 -2007 Street Rehabilitation Project to Action Safety of Oklahoma City, Oklahoma in the amount of $59,297. 12. Consideration and appropriate action relating to a request for Council authorization of a settlement agreement between the City of Owasso and Catherine A. Grammer, Cecil E. Cox, Nina J. Eccles, and Raydean Curteman and payment for the purchase of Right of Way necessary for the construction of the E. 106th Street North Water Transmission Line Project; and, authorization for the Mayor and City's General Counsel to execute all related settlement documents. Ms. Lombardi Attachment # 12 Staff will recommend Council approval of the settlement agreement in the amount of 78,500 and authorization for payment of $63,900 to Catherine A. Grammer, Cecil E. Cox, Nina J. Eccles, and Raydean Curteman; and, authorization for the Mayor and the City's General Counsel to execute all necessary settlement documents. 13. Report from City Manager. 14. Report from City Attorney. 15. Report from City Councilors. S:Agendas \Comcil\200T0605. doc Owasso City Council June 5, 2007 Page 5 16. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 17. Adjournment. S :\Agendas \Council\2007\0605.doc OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, May 15, 2007 The Owasso City Council met in regular session on Tuesday, May 15, 2007 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:30 p.m. on Friday, May 11, 2007. ITEM 1. CALL TO ORDER The meeting was called to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Retired Minister Dale Blackwood. ITEM 3. FLAG SALUTE Councilor Bonebrake led the flag salute. ITEM 4. ROLL CALL PRESENT ABSENT Steve Cataudella, Mayor D.J. Gall, Vice Mayor Doug Bonebrake, Councilor Wayne Guevara, Councilor Susan Kimball, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney ITEM 5. READING OF THE MAYOR'S PROCLAMATION Mayor Cataudella invited Marcia Boutwell and the volunteers at the Owasso Museum to the podium and read a proclamation proclaiming May 13 -19, 2007 as Oklahoma Museums Week in the City of Owasso. Owasso City Council May 15, 2007 ITEM 6. PRESENTATION BY THE OWASSO POLICE DEPARTMENT Deputy Police Chief Scott Chambliss recognized Cathy Franklin, Art Teacher at Owasso High School, and Art Students Jessie Edwards, Nick Null, Kevin Johnson, Cameron Masingale, Lauren Bear, Katie Arthur, Wade Tunnell and Lea Haines, for volunteering their time and talents in painting a wall mural at the Owasso Animal Shelter. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the May 1, 2007 Regular Meeting and the May 8, 2007 Special Meeting. B. Approval of Claims. C. Acknowledgement of receiving the monthly FY 2006 -2007 budget status report. D. Action relating to Council approval of Nunc Pro Tunc Ordinances No. 818 and 830, ordinances correcting a scrivener's error in the provided legal descriptions. Mr. Guevara moved, seconded by Ms. Kimball, to approve the Consent Agenda with claims totaling $652,215.84, healthcare self - insurance claims totaling $86,933.96 and payroll claims totaling $416,556.99. YEA: Bonebrake, Cataudella, Gall, Guevara, Kimball NAY: None Motion carried 5 -0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONING REQUEST OZ 07 -03, CONSISTING OF APPROXIMATELY 16.47 ACRES FROM AG (AGRICULTURE) TO CS (COMMERCIAL SHOPPING), LOCATED AT THE SOUTHWEST CORNER OF EAST 96TH STREET NORTH AND NORTH 121 EAST AVENUE Mr. McCulley presented the item. Ms. Kimball moved, seconded by Mr. Guevara, for Council approval of rezoning request OZ 07 -03, as stated above. YEA: Bonebrake, Cataudella, Gall, Guevara, Kimball NAY: None Motion carried 5 -0. 2 Owasso City Council May 15, 2007 ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN EASEMENT CLOSURE CONSISTING OF 64 SQUARE FEET OF AN 11' UTILITY EASEMENT LOCATED ALONG THE COMMON LOT LINES BETWEEN LOT 2 AND LOT 3, BLOCK 2 IN THE SMITH FARM MARKETPLACE Mr. McCulley presented the item. Mr. Bonebrake moved, seconded by Mr. Guevara, for Council approval of an easement closure, as stated above. YEA: Bonebrake, Cataudella, Gall, Guevara, Kimball NAY: None Motion carried 5 -0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL TO AWARD A CONSTRUCTION BID FOR THE RAYOLA PARK SPLASH PAD PROJECT Mr. Warren presented the item. Ms. Kimball moved, seconded by Mr. Gall, that Council award the construction bid for the Rayola Park Splash Pad Project to Wagnon Construction of Bixby, Oklahoma in the amount of $109,900.00. YEA: Bonebrake, Cataudella, Gall, Guevara, Kimball NAY: None Motion carried 5 -0. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A BUDGET AMENDMENT TO THE FY 2006 -2007 GENERAL FUND AND A SUPPLEMENTAL APPROPRIATION INCREASING EXPENDITURES IN THE AMOUNT OF $27,300 IN THE STREET DEPARTMENT BUDGET Ms. Stagg presented the item. Mr. Guevara moved, seconded by Mr. Bonebrake, for Council approval of a budget amendment to the FY 2006 -2007 General Fund increasing the estimate of revenues and increasing the appropriation for expenditures in the amount of $27,300 in the Streets Department budget for expenses incurred as a result of the winter storm related ice and snow removal activities. YEA: Bonebrake, Cataudella, Gall, Guevara, Kimball NAY: None Motion carried 5 -0. C Owasso City Council May 15, 2007 ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE DRUG AND ALCOHOL DETECTION, INTERVENTION, AND EMPLOYEE ASSISTANCE POLICY. Ms. Dempster presented the item. Mr. Guevara moved, seconded by Mr. Gall, for Council approval of the Drug and Alcohol Detection, Intervention, and Employee Assistance Policy YEA: Bonebrake, Cataudella, Gall, Guevara, Kimball NAY: None Motion carried 5 -0. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE FY 2007 -2008 CONTRACT BETWEEN THE CITY OF OWASSO AND THE FRATERNAL ORDER OF POLICE LODGE #149 Ms. Dempster presented the item. Ms. Kimball moved, seconded by Mr. Guevara, for Council approval of the FY 2007 -2008 contract between the City of Owasso and the Fraternal Order of Police Lodge #149. YEA: Bonebrake, Cataudella, Gall, Guevara, Kimball NAY: None Motion carried 5 -0. ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF ORDINANCE NO. 893, AN ORDINANCE ESTABLISHING COMPETITIVE BIDDING PROCEDURE FOR PUBLIC IMPROVEMENT CONTRACTS BETWEEN $2,000 AND $25,000 Ms. Lombardi presented the item. Mr. Bonebrake moved, seconded by Mr. Guevara, for Council approval of Ordinance No. 893. YEA: Bonebrake, Cataudella, Gall, Guevara, Kimball NAY: None Motion carried 5 -0. 4 Owasso City Council May 15, 2007 ITEM 15. PRESENTATION OF THE FY 2007 -2008 ANNUAL BUDGET PROPOSAL Mr. Ray presented to the Council the budget proposal for Fiscal Year 2007 -2008. ITEM 16. REPORT FROM CITY MANAGER. No report ITEM 17. REPORT FROM CITY ATTORNEY No report. ITEM 18. REPORT FROM CITY COUNCILORS No report. ITEM 19. NEW BUSINESS None. ITEM 20. ADJOURNMENT Ms. Kimball moved, seconded by Mr. Guevara, to adjourn. YEA: Bonebrake, Cataudella, Gall, Guevara, Kimball NAY: None Motion carried 5 -0 and the meeting was adjourned at 7:30 p.m. Pat Fry, Minute Clerk E Steve Cataudella, Mayor CITY OF OWASSO CLAIMS TO BE PAID 06/05107 VENDOR DESCRIPTION AMOUNT TREASURER PETTY CASH CC REFUND /GIDEON 50.00 REFUND TOTAL 50.00 TREASURER PETTY CASH MEETING EXPENSE 29.75 TREASURER PETTY CASH MTG EXPENSE 53.55 JPMORGAN CHASE COMMERCIAL CARD SOFTWARE HOUSE - SOFTWARE 312.00 MUNICIPAL COURT DEPT TOTAL 395.30 JPMORGAN CHASE COMMERCIAL CARD CITY MANAGER EXPENSE 14.12 JPMORGAN CHASE COMMERCIAL CARD CITY MANAGER EXPENSE 33.34 JPMORGAN CHASE COMMERCIAL CARD EMPLOYEE RELATIONS 64.26 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 11.24 JPMORGAN CHASE COMMERCIAL CARD CITY MANAGER EXPENSE 45.00 JPMORGAN CHASE COMMERCIAL CARD CITY MANAGER EXPENSE 70.77 TREASURER PETTY CASH MTG EXPENSE 71.62 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - BUDGET BOOK SUPPLIES 1.99 OFFICE DEPOT OFFICE SUPPLIES 39.98 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - REPORT BINDING 63.93 CITY GARAGE CITY OF OWASSO VEHICLE MAINT -PARTS 242.96 FUELMAN FUEL 103.97 JPMORGAN CHASE COMMERCIAL CARD PAPER PLUS - BUDGET BOOKS 90.64 OKLAHOMA MUNICIPAL LEAGUE OAMA WORKSHOP 75.00 OKLAHOMA TRANSPORTATION AUTHORITY PIKE PASS 30.30 JPMORGAN CHASE COMMERCIAL CARD TRAINING EXPENSE 35.15 JPMORGAN CHASE COMMERCIAL CARD EXPRESS JET - EMPLOYMENT APPLICANT 181.90 JPMORGAN CHASE COMMERCIAL CARD FRONTIER AIRLINES - EMPLOYMENT 177.30 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE -5.11 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 52.90 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 65.10 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 93.20 JPMORGAN CHASE COMMERCIAL CARD CITY MGR EXPENSE 14.45 WEST PAYMENT CENTER LEGAL RESEARCH -MTHLY CHG 417.15 TULSA METRO CHAMBER OF COMMERCE LEGISLATIVE DAY 100.00 JERRY WOODS WOODS WELDING REPAIR STATUE 240.00 A -1 TENT RENTALS EMPLOYEE RELATIONS 350.00 CUSTOM CRAFT AWARDS COUNCIL RECOGNITION 42.50 CUSTOM CRAFT AWARDS COUNCIL RECOGNITION - ART CLUB 35.00 JPMORGAN CHASE COMMERCIAL CARD COUNCIL RECOGNITION - BASEBALL 79.32 TREASURER PETTY CASH PARADE EXPENSE/TRAIL DAYS 19.97 TREASURER PETTY CASH MTG EXPENSE /EMPLOYEE APPRECIATION 130.50 MANAGERIAL DEPT TOTAL 2,988.45 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - REPORT COVERS 12.58 OFFICE DEPOT OFFICE SUPPLIES 46.99 TREASURER PETTY CASH DELUXE CHECKS 52.75 TREASURER PETTY CASH MILEAGE - BISHOP 78.63 JPMORGAN CHASE COMMERCIAL CARD DELL - PRINTER 1,028.02 JPMORGAN CHASE COMMERCIAL CARD EXPRESS INTERNET -MICR TONER 238.00 JPMORGAN CHASE COMMERCIAL CARD NOWDOCS- SECURE PRINTER CHIP 810.00 JPMORGAN CHASE COMMERCIAL CARD SOFTWARE HOUSE - SOFTWARE 624.00 4 ALL MEMORY COMPUTER MEMORY 35.99 L & M OFFICE FURNITURE OFFICE CHAIR 226.72 FINANCE DEPT TOTAL 3,153.68 VENDOR DESCRIPTION AMOUNT OFFICE DEPOT SOFTWARE 9.99 SAV -ON PRINTING & SIGNS PA FORMS 163.80 ALL COPY SUPPLIES TONER 90.00 OFFICE DEPOT OFFICE SUPPLIES 290.88 JPMORGAN CHASE COMMERCIAL CARD POST OFFICE - POSTAGE 3.83 CHARACTER TRAINING INSTITUTE CHARACTER BULLETINS 404.31 COMMUNITYCARE HMO EAP SERVICES 199.00 OKLAHOMA MUNICIPAL LEAGUE CLASSIFIED ADS 30.00 NEIGHBOR NEWSPAPERS JOB ADS 58.95 TULSA WORLD EMPLOYMENT ADVERTISING 339.61 HANLEY WOOD LLC CLASSIFIED ADS 90.00 STILLWATER NEWSPAPER CLASSIFIED AD 33.48 TULSA WORLD EMPLOYMENT ADVERTISING 240.16 HANLEY WOOD LLC CLASSIFIED ADS 410.00 THE EDMOND SUN CLASSIFIED ADS 100.00 URGENT CARE OF GREEN COUNTRY PRE - EMPLOYMENT DRUG SCREENINGS 74.00 REASORS MEETING EXPENSES 21.04 HUMAN RESOURCE DEPT TOTAL 2,559.05 OFFICE DEPOT BUDGET BOOKS 60.92 HOBBY LOBBY CREATIVE CENTER BUDGET BOOK COVERS 3.00 ALL COPY SUPPLIES TONER 90.00 OFFICE DEPOT OFFICE SUPPLIES 430.95 TULSA COFFEE SERVICE COFFEE SUPPLIES 148.33 CINTAS CORPORATION MAT SERVICE 28.90 CHARNEY, BUSS, & WILLIAMS, P.C. RON DETHEROW VS. CITY 500.00 INCOG ADMIN SERVICES -11946 CDBG 0 318.20 INCOG ADMIN SERVICES - SPLASH PAD 486.24 OKLAHOMA NATURAL GAS 4/07 USE 734.21 NEIGHBOR NEWSPAPER LEGAL POSTINGS 39.73 NEIGHBOR NEWSPAPER LEGAL POSTINGS 66.99 NEIGHBOR NEWSPAPER LEGAL POSTINGS 157.65 NEIGHBOR NEWSPAPER LEGAL POSTINGS 32.19 AT &T PHONE USE 67.35 AT &T PHONE USE 621.91 RESERVE ACCOUNT POSTAGE 2,000.00 TREASURER PETTY CASH POSTAGE 0.72 TULSA COUNTY CLERK FILING FEES 168.00 JPMORGAN CHASE COMMERCIAL CARD EBAY -SALE OF MERCHANDISE 2.09 TREASURER PETTY CASH LICENSE TAG 30.00 GENERAL GOVERNMENT DEPT TOTAL 5,987.38 OFFICE DEPOT OFFICE SUPPLIES 26.77 SYMBOLARTS NEW BADGE 65.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT -PARTS 67.58 FUELMAN FUEL 478.93 TREASURER PETTY CASH VEHICLE WASH 5.00 METROCALL PAGER USE 13.90 INTERNATIONAL CODE COUNCIL MEMBERSHIP DUES 100.00 JPMORGAN CHASE COMMERCIAL CARD B &H PHOTO - CAMCORDER 999.74 COMMUNITY DEVELOPMENT DEPT TOTAL 1,756.92 OFFICE DEPOT OFFICE SUPPLIES 14.99 ATWOODS RUBBER BOOTS - INSPECTORS 23.98 CITY GARAGE CITY OF OWASSO VEHICLE MAINT -PARTS 206.80 VENDOR DESCRIPTION AMOUNT FUELMAN FUEL 516.74 US CELLULAR CELL PHONE USAGE 205.88 ENGINEERING DEPT TOTAL 968.39 RADIO SHACK USB CABLE 39.99 RADIO SHACK USB CABLE -39.99 OFFICE DEPOT ORGANIZER 15.98 JPMORGAN CHASE COMMERCIAL CARD AMAZON.COM- REFERENCE BOOKS 56.53 JPMORGAN CHASE COMMERCIAL CARD TIGER DIRECT -CARD READER 24.48 COX COMMUNICATIONS INTERNET FEES 379.95 CINGULAR WIRELESS WIRELESS SERVICE 17.52 FUELMAN FUEL 28.87 WATCO COMPANIES RAILROAD PERMIT /ANNUAL FEE 1,650.00 STRATEGIC CONSULTING INTERNATIONAL GIS SYSTEM MAINT FEES 4,000.00 INFORMATION SYSTEMS DEPT TOTAL 6,173.33 BAILEY EQUIPMENT MOWER BLADE 69.46 LOCKE SUPPLY PHYSICAL PROPERTY SUPPLIES 2.47 BAILEY EQUIPMENT PARTS -LAWN EQUIPMENT 29.99 LOWES HOME IMPROVEMENT PHYSICAL PROPERTY SUPPLIES 248.48 UNIFIRST HOLDINGS UNIFORM RENTAL 83.55 FUELMAN FUEL 448.66 BAILEY EQUIPMENT MOWER BLADE 16.04 TERRA TELECOM, INC TELEPHONE PROGRAMMING 220.50 COX COMMUNICATIONS INTERNET FEES 69.95 COMMUNICATIONS TECHNOLOGIES GROUP PROGRAM PHONES 180.00 DUVALL ELECTRIC ELECTRICAL REPAIR 160.00 FUELMAN FUEL 264.11 OKLAHOMA DEPT OF CORRECTIONS DOC WORKER PROGRAM 288.74 TREASURER PETTY CASH DOC LUNCHES 64.90 METROCALL PAGER USE 6.95 CINGULAR WIRELESS WIRELESS SERVICE 25.00 LADDERS OF TULSA LADDER RENTAL 45.00 CINGULAR WIRELESS WIRELESS SERVICE 14.56 AT &T PHONE USE 0.07 AT &T PHONE USE 133.41 JPMORGAN CHASE COMMERCIAL CARD FAIRFIELD INN - LODGING -WHITE 103.25 RIVERSIDE TOYOTA HYBRID TOYOTA 22,500.00 SUPPORT SERVICES DEPT TOTAL 24,975.09 WORLEYS GREENHOUSE & NURSERY FLOWERS FOR CEMETERY 157.50 LOWES HOME IMPROVEMENT MATERIALS - GAZEBO 83.62 SHERWIN - WILLIAMS COMPANY PAINT /CAULK - GAZEBO 70.61 BAILEY EQUIPMENT SUPPLIES /REPAIR PARTS 43.50 LOWES HOME IMPROVEMENT PADLOCKS 30.76 FUELMAN FUEL 53.45 VERDIGRIS VALLEY ELECTRIC COOPERATIVE CEMETERY USAGE 21.48 BAILEY EQUIPMENT SUPPLIES /REPAIR PARTS 22.50 CEMETERY DEPT TOTAL 483.42 OWASSO FOP LODGE LEGAL DEFENSE FY 07 133.00 TRACEE RATHBONE TUITION REIMBURSEMENT 540.00 LISA LONG TUITION REIMBURSEMENT 326.25 COX, H BURL TUITION REIMBURSEMENT 1,044.00 ONYX CORPORATION TONER CARTRIDGES 59.95 JPMORGAN CHASE COMMERCIAL CARD DELL -TONER 214.99 VENDOR DESCRIPTION AMOUNT JPMORGAN CHASE COMMERCIAL CARD DELL -TONER 89.99 OFFICE DEPOT OFFICE SUPPLIES 355.03 DEPARTMENT OF PUBLIC SAFETY LAW BOOKS 795.00 OKLAHOMA POLICE SUPPLY POLICE SUPPLIES -10.15 O'REILLY AUTOMOTIVE HALOGEN LIGHT BULBS 10.47 A N Z SIGNS & SHIRTS BANNER 55.00 GALL'S INC FLARES 189.98 ARMOR HOLDINGS FORENSICS PROPERTY /EVIDENCE PACKAGING 148.00 LOWES HOME IMPROVEMENT OPERATING SUPPLIES 16.96 TREASURER PETTY CASH MEMORY /LAP TOP 47.98 PATROL TECHNOLOGY RAINCOATS 150.00 OKLAHOMA POLICE SUPPLY UNIFORM SUPPLIES 656.95 JPMORGAN CHASE COMMERCIAL CARD 4 ALL MEMORY -PD TOUGHBOOK U 269.94 JPMORGAN CHASE COMMERCIAL CARD WALMART -USB ADAPTER 14.84 CITY GARAGE CITY OF OWASSO VEHICLE MAINT -PARTS 4,815.64 FUELMAN FUEL 9,007.53 PROFESSIONAL REPORTERS SUSPECT INTERVIEW 625.25 INTERNATIONAL PUBLIC MANAGEMENT ASSOC POLICE TESTS 226.60 OKLAHOMA NATURAL GAS 4/07 USE 294.33 TOTAL RADIO RADIO REPAIR 102.00 METROCALL PAGER USE 335.53 SPRINT COMMUNICATIONS PCS CHARGES 353.78 AT &T PHONE USE 66.64 AT &T PHONE USE 462.57 QUALITY INN OF ADA LODGING /DAVIS & PITT 180.00 CLEVELAND, MARK PER DIEM /CLEVELAND 122.50 BARNES, MICHAEL PER DIEM /BARNES 122.50 DAVIS, R SHANE PER DIEM /DAVIS 370.50 DAMON JOBE PER DIEM /JOBE 370.50 HD PITT JR PER DIEM /HD PITT 370.50 JPMORGAN CHASE COMMERCIAL CARD TCMS- REGISTRATION FEE -25.00 RICH & CARTMILL NOTARY /KLAHR 30.00 TREASURER PETTY CASH NOTARY FEE 25.00 SYMBOLARTS NEW BADGES 2,205.00 JPMORGAN CHASE COMMERCIAL CARD DECATUR ELECTRONICS - RADARS 9,926.00 POLICE DEPT TOTAL 35,095.55 ONYX CORPORATION TONER CARTRIDGES 31.90 ONYX CORPORATION TONER 15.95 JPMORGAN CHASE COMMERCIAL CARD DELL -TONER 79.99 INFORMATION TECHNOLOGIES SECURITY DEVICE 105.00 DEPARTMENT OF PUBLIC SAFETY EQUIPMENT RENTAL 450.00 METROCALL PAGER USE 55.60 JPMORGAN CHASE COMMERCIAL CARD SOFTWARE HOUSE - SOFTWARE 1,560.00 POLICE COMMUNICATIONS DEPT TOTAL 2,298.44 ONYX CORPORATION TONER 35.90 ANIMAL CARE EQUIPMENT & SERVICES THROW NET 167.88 MET -VET INT EUTHANASIA DRUGS 98.12 A N Z SIGNS & SHIRTS DOOR SIGNS 50.00 HILL'S PET NUTRITION SALES SHELTER SUPPLIES 181.25 HOSEXPRESS RETRACTA HOSE 270.64 TREASURER PETTY CASH PREV -DART 21.56 FUELMAN FUEL 209.56 CITY OF TULSA EUTHANASIA SERVICE 4.00 METROCALL PAGER USE 6.95 VENDOR DESCRIPTION AMOUNT AT &T PHONE USE 3.21 AT &T PHONE USE 39.32 OK STATE BOARD OF VETERINARY CERTIFICATION FEE 80.00 LOWES HOME IMPROVEMENT HARDWARE 92.53 LOWES HOME IMPROVEMENT REMODELING EXPENSE 337.52 ANIMAL CONTROL DEPT TOTAL 1,598.44 NORTH AMERICA FIRE EQUIPMENT UNIFORM PANTS 267.00 FERRARA FIRE APPARATUS WATER TANK PROBE 184.94 CITY GARAGE CITY OF OWASSO VEHICLE MAINT -PARTS 81.65 FUELMAN FUEL 2,111.09 JPMORGAN CHASE COMMERCIAL CARD BAILEY EQUIPMENT- BLADES 71.85 OKLAHOMA NATURAL GAS 4/07 USE 1,019.13 METROCALL PAGER USE 311.15 SPRINT COMMUNICATIONS PCS CHARGES 202.16 CINGULAR WIRELESS CELL PHONE USE 27.72 AT &T PHONE USE 15.50 AT &T PHONE USE 234.94 OKLAHOMA TRANSPORTATION AUTHORITY PIKEPASS 4.80 FIRE DEPT TOTAL 4,531.93 LOWES HOME IMPROVEMENT AIR COND. REPAIR 26.39 VERDIGRIS VALLEY ELECTRIC COOPERATIVE STORM SIREN 36.84 AT &T PHONE USE 0.05 AT &T PHONE USE 19.65 EMERGENCY PREPAREDNESS DEPT TOTAL 82.93 RAINBOW CONCRETE COMPANY CONCRETE 788.00 QUIKSERVICE STEEL CO SHEET METAL 111.61 BAILEY EQUIPMENT SUPPLIES /REPAIR PARTS 6.90 CROW BURLINGAME COMPANY SUPPLIES 2.12 LOWES HOME IMPROVEMENT FIBER - POTHOLES 565.74 SHERWIN - WILLIAMS COMPANY OIL -PAINT STRIPER 8.19 APAC, INC ASPHALT 64.06 MILL CREEK LUMBER & SUPPLY DUPLICATE KEYS 5.16 UNIFIRST HOLDINGS UNIFORM RENTAL /CLEANING 128.00 GELLCO UNIFORMS & SHOES UNIFORMS/WORK BOOTS 350.97 GEORGE & GEORGE SAFETY & GLOVE UNIFORM GEAR 44.35 TULSA COUNTY BOCC SIGN POSTS /SIGNS 936.30 MILL CREEK LUMBER & SUPPLY CONCRETE -SIGNS 79.59 CITY GARAGE CITY OF OWASSO VEHICLE MAINT -PARTS 1,664.98 OCT EQUIPMENT BACKHOE REPAIR 76.25 FUELMAN FUEL 1,571.24 GRAINGER INFRARED THERMOMETER 94.50 TULSA TECHNOLOGY CENTER SPACE HAZARD TRAINING 50.00 NES TRAFFIC SAFETY RENTALS - BARRICADE 291.20 METROCALL PAGER USE 34.75 D & F CONSTRUCTION COVER -ALL BUILDING 10,987.00 AUSTIN PAVING THREE LAKES ST RECONSTRUCTION 9,048.41 RAINBOW CONCRETE COMPANY CONCRETE /SIDEWALK PROJECTS 274.50 TWIN CITIES READY MIX CONCRETE /SIDEWALK PROJECTS 137.25 OWASSO TOP SOIL TOP SOIL /SIDEWALK PROJECTS 50.00 MILL CREEK LUMBER & SUPPLY FORM BOARDS 18.00 STREETS DEPT TOTAL 27,389.07 ATWOODS GRINDING DISCS 9.96 VENDOR DESCRIPTION AMOUNT UNIFIRST HOLDINGS UNIFORM RENTAL /CLEANING 104.74 GELLCO UNIFORMS & SHOES UNIFORMS /WORK BOOTS 248.38 GEORGE & GEORGE SAFETY & GLOVE UNIFORM GEAR 44.33 CITY GARAGE CITY OF OWASSO VEHICLE MAINT -PARTS 1,208.77 FUELMAN FUEL 1,054.43 TREASURER PETTY CASH FUEL 199.98 TULSA TECHNOLOGY CENTER SPACE HAZARD TRAINING 50.00 LOT MAINTENANCE OF OKLA TV STORMWATER LINES 562.50 BAILEY EQUIPMENT SUPPLIES /REPAIR PARTS 75.88 METROCALL PAGER USE 53.54 STORMWATER DEPT TOTAL 3,612.51 TEST MY HEALTH INTERFIT HEALTH IMMUNIZATION 99.00 TULSA MAINTENANCE SUPPLY RESTROOM SUPPLIES 152.00 ATWOODS FILTER /MULCH 8.97 BAILEY EQUIPMENT BELTS /BATTERIES 56.60 UNIFIRST HOLDINGS UNIFORM RENTAL /CLEANING 65.60 FUELMAN FUEL 432.82 ADT SECURITY SERVICES SECURITY SERVICES 45.74 D & SONS LAWN CARE MOWING - PARKS 1,139.00 D & SONS LAWN CARE MOWING - PARKS 1,139.00 MARSHA ANN SMITH CLEANING PARK RESTROOMS 900.00 ALOHA LANDSCAPE & IRRIGATION MOWING -ELM CREEK PARK 227.00 ALOHA LANDSCAPE & IRRIGATION MOWING - MCCARTY PARK 145.00 ALOHA LANDSCAPE & IRRIGATION MOWING - RAYOLA PARK 185.00 ALOHA LANDSCAPE & IRRIGATION MOWING -ELM CREEK PARK 227.00 ALOHA LANDSCAPE & IRRIGATION MOWING - RAYOLA PARK 185.00 WASHINGTON CO RWD 3 WATER / MCCARTY PARK 28.30 OKLAHOMA NATURAL GAS 4/07 USE 177.47 AT &T PHONE USE 1.21 AT &T PHONE USE 92.78 DMS ELECTRIC ELECTRIC -ELM CREEK SHELTER 3,700.00 PARKS DEPT TOTAL 9,007.49 CHARACTER TRAINING INSTITUTE CHARACTER BULLETINS 35.00 OFFICE DEPOT OFFICE SUPPLIES 203.96 LOWES HOME IMPROVEMENT OPERATING SUPPLIES 37.83 CLASSIC ELECTRIC COMPANY WIRING- LIGHTING 152.25 FUELMAN FUEL 141.97 LOWES HOME IMPROVEMENT LIGHT /CEILING PANELS 80.92 OKLAHOMA NATURAL GAS 4/07 USE 357.59 AT &T PHONE USE 0.24 AT &T PHONE USE 124.04 TREASURER PETTY CASH MILEAGE - MELONE 58.20 JPMORGAN CHASE COMMERCIAL CARD B &H PHOTO - CAMCORDER 1,500.00 COMMUNITY CENTER DEPT TOTAL 2,692.00 OFFICE DEPOT OFFICE SUPPLIES 105.77 OKLAHOMA NATURAL GAS 4/07 USE 109.69 AT &T PHONE USE 0.27 AT &T PHONE USE 22.21 HISTORICAL MUSEUM DEPT TOTAL 237.94 WORDCOM COLOR TONER 193.95 AUTOZONE FLOOR MATS 14.99 FUELMAN FUEL 102.85 VENDOR DESCRIPTION AMOUNT OKLAHOMA AERIALS AERIAL PHOTOS 300.00 SPRINT COMMUNICATIONS PCS CHARGES 50.54 TREASURER PETTY CASH PER DIEM -HAYES 347.75 JPMORGAN CHASE COMMERCIAL CARD HOSTICA -NEW DOMAIN 45.18 MESHEK & ASSOCIATES ENGINEERING SERVICES 7,822.60 ECONOMIC DEVELOPMENT DEPT TOTAL 8,877.86 GENERAL FUND TOTAL 144,915.17 TREASURER PETTY CASH AMB SUBSCRIPTION OVERPAY 24.00 PATRIA DAVIS AMBULANCE REFUND 81.92 ALL COPY SUPPLIES TONER 90.00 TRI -ANIM HEALTH SERVICES AMBULANCE SUPPLIES 1,734.83 PACE PRODUCTS AMBULANCE SUPPLIES 92.50 PHARMACEUTICAL SYSTEMS SUPPLIES 361.67 ALLIANCE MEDICAL AMBULANCE SUPPLIES 1,679.29 T & W TIRE MEDIC 1 TIRES 940.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT -PARTS 15.03 FUELMAN FUEL 1,724.67 EMSAR REPAIR PULSE OXIMETER 388.48 CINGULAR WIRELESS CELL PHONE USE 97.77 MEDICLAIMS MONTHLY SERVICES 6,762.04 AMBULANCE SERVICE FUND TOTAL 13,992.20 GENEVA SCIENTIFIC BARCO PRODUCTS CEMETERY MESSAGE BOARD 1,268.00 CEMETERY FUND TOTAL 1,268.00 YOUTH SERVICES OF TULSA COUNSELING SERVICES 833.33 JUVENILE COURT FUND TOTAL 833.33 TREASURER PETTY CASH AC REFUND - HOLLOWAY 20.00 ANIMAL STERILIZATION FUND TOTAL 20.00 CHARNEY, BUSS, & WILLIAMS, P.C. CITY VS. MCCARTY 343.75 K. ELLIS RITCHIE, P.C. SETTLEMENT 31,299.47 K. ELLIS RITCHIE, P.C. SETTLEMENT 15,374.24 MAXWELL SUPPLY SIGNS /FLAGS 52.22 WHITE STAR MACHINERY & SUPPLY EQUIPMENT RENTAL 3,100.65 EQUIPMENT ONE RENTAL & SALES AIR COMPRESSOR RENTAL 85.00 TWIN CITIES READY MIX CONCRETE /STREET REPAIR 295.50 WATER PRODUCTS MANHOLE RISER 162.00 ROBERT E. BIRD BIRD SURVEYING & DESIGN FIELD DESIGN - SPORTS PARK 3,000.00 CAPITAL IMPROVEMENTS FUND TOTAL 53,712.83 JPMORGAN CHASE COMMERCIAL CARD ACS GOVERNMENT - SOFTWARE UPG 15,127.50 JPMORGAN CHASE COMMERCIAL CARD SOFTWARE HOUSE - SOFTWARE 2,182.00 AMBULANCE CAPITAL FUND TOTAL 17,309.50 LIVINGSTON, KEN TUITION REIMBURSEMENT 326.25 OFFICE DEPOT OFFICE SUPPLIES 15.57 O'REILLY AUTOMOTIVE SHOP SUPPLIES 4.18 UNIFIRST HOLDINGS UNIFORM RENTAL 135.55 FUELMAN FUEL 39.27 AMERIFLEX HOSE & ACCESSORIES PARTS 189.42 ATC FREIGHTLINER GROUP PARTS 923.09 VENDOR B & M OIL COMPANY C & H BOLT & SUPPLY CLASSIC CHEVROLET ENLOW TRACTOR INC O'REILLY AUTOMOTIVE ATC FREIGHTLINER GROUP B & M OIL COMPANY OKLAHOMA NATURAL GAS METROCALL CINGULAR WIRELESS AT &T AT &T LENOX WRECKER SERVICE T &WTIRE BREAK B GONE CLASSIC CHEVROLET LENOX WRECKER SERVICE UNITED SAFETY & CLAIMS INC 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 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT WOOD, PUHL & WOOD, P.L.L.0 FOSTERS PAINT & BODY SHOP DESCRIPTION AMOUNT OIL 641.91 PARTS 18.90 PARTS 129.93 PARTS 917.88 PARTS FOR RESALE 1,903.58 PARTS FOR RESALE 200.00 OIL /FLUIDS 337.20 4/07 USE 461.60 PAGER USE 6.95 WIRELESS SERVICE 25.00 PHONE USE 3.65 PHONE USE 61.29 TOWING SERVICES 258.00 TIRES 100.00 NEW WINDSHIELD 70.00 REPAIR 1,002.13 TOWING- AMBULANCE 241.00 CITY GARAGE FUND TOTAL 8,012.35 THIRD PARTY ADMIN FEES 1,450.00 MEDICAL CLAIMS 1,686.35 MEDICAL CLAIMS 1,363.80 MEDICAL CLAIMS 3,108.16 TTD 35.70 SETTLEMENTS 1,363.80 SETTLEMENTS 29,847.96 SETTLEMENTS 776.01 SETTLEMENTS 1,363.80 WORKERS COMP SELF -INS FUND TOTAL 40,995.58 LEGAL SERVICES - MULLINS VS. CITY 995.42 TORT CLAIM 209.99 GENERAL LIABILITY /PROPERTY INS FUND TOTAL 1,205.41 GRAND TOTAL 282,264.37 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 06/05/07 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 22,211.43 HEALTHCARE MEDICAL SERVICE 22,788.05 HEALTHCARE MEDICAL SERVICE 23,398.20 HEALTHCARE MEDICAL SERVICE 40,211.93 HEALTHCARE DEPT TOTAL 108,609.61 DELTA DENTAL DENTAL MEDICAL SERVICE 913.50 DENTAL MEDICAL SERVICE 2,974.11 DENTAL MEDICAL SERVICE 4,716.20 DENTAL MEDICAL SERVICE 3,173.50 DENTAL MEDICAL SERVICE 2,400.60 ADMIN FEES 2,072.13 DENTAL MEDICAL SERVICE 946.59 DENTAL MEDICAL SERVICE 674.80 ADMIN FEES 1,951.31 DENTAL DEPT TOTAL 19,822.74 L%lu VISION DEPT TOTAL 0.00 HEALTHCARE SELF INSURANCE FUND TOTAL 128,432.35 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 5/12/2007 Department Overtime Expenses Total Expenses Municipal Cout.. , .:... 71.30 5,590.49 ...,. Managerial - 21,825.03 Finance 15,960:48 Human Resourses - 8,085.29 Community Development - 16,227.69 Engineering - 16,607.43 Information Systems - 11,412.06 Support Services 102.08 10,599.04 Police 1,538.57 119,022.34 Central Dispatch 527.65 10,456.10 Animal Control - 2,950.16 Fire 872.72 98,571.97 Emergency Preparedness 3,922.11 Streets 270.25 11,098.93 Stormwater /ROW Maint. 170.80 8,313.66 Park Maintenance - 9,014.83 Community - Senior Center s 5,,05&10 Historical Museum - 2,593.51 Economic Development 4,347.07 General Fund Total 3,553.37 381,656.29 Garage Fund 63.78 5,395.04 Fund Total 63.78 5,395:04 Ambulance Fund 1,605.25 23,165.39 1,60525 23,165.39 Emergencv 911 Fund 175.87 3,485.39 Workers Compensation Fund Total k� CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 5/26/2007 Department Overtime Expenses Total Expenses Municipal Cou 6111,01,111,11"W","a 5,504.54 Managerial - 21,798.83 Finance 89.80 17,536.02 Human Resourses - 8,077.15 Community Development - 16,196.69 Engineering - 16,864.24 Information Systems - 11,330.02 Support Services 21.05 9,777.82 Police 159,044.12 Central Dispatch 394.78 11,615.11 2,950.16 Fire 953.10 99,054.47 Emergency Preparedness - 3,897.08 Streets 311.50 11,420.39 Stormwater /ROW Maint. ,u��� 9,933.17 Park Maintenance - 7,366.81 unity-Senior C " 3 A 4,916.19 Historical Museum - 2,593.51 Economic Developmen RM R 239.42 r_ gym.. General Fund Total �� ` Kam` ..I 42A11.4. Garaqe Fund 223.23 5,580.78 LLJ.LJ Ambulance Fund 824.40 22,612.41 824.40 22, 612:41 Emergency 911 Fund 131.59 3,871.73 Fund Total 131:59 ` 3,871.73 Workers Compensation 47.52 Fund Total 47.52 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL. CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: ORDINANCE NO. 894 DATE: May 30, 2007 BACKGROUND: At the May 15, 2007 meeting, the Owasso City Council approved the closure of 64' of an 11' Utility Easement that lies along the common lot lines between Lot 2 and Lot 3, Block 2, Smith Farm Marketplace. Attached is a copy of Ordinance No. 894 that formally adopts the City Council's action of May 15, 2007. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 894. ATTACHMENT: 1. Ordinance No. 894 2. Subject Map CITY OF OWASSO ORDINANCE NO. 894 ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY /ACCESS EASEMENT LOCATED ALONG THE COMMON LOT LINES BETWEEN LOT TWO AND LOT THREE, BLOCK TWO, SMITH FARM MARKETPLACE, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA. THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain utility /access easement; WHEREAS, said utility /access easement is described as follows: AN 11.00' WIDE STRIP OF LAND THAT IS PART OF AN EXISTING 11.00' UTILITY EASEMENT ON LOT 2 AND LOT 3 IN BLOCK 2 OF "SMITH FARM MARKETPLACE ", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: STARTING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE N 00 004'02" W ALONG THE WESTERLY LINE OF LOT 3 FOR 17.50' TO THE "POINT OF BEGINNING" OF SAID STRIP OF LAND; THENCE CONTINUING N 00 004'02" W ALONG SAID WESTERLY LINE FOR 63.45'; THENCE DUE EAST FOR 11.00' TO A POINT ON THE EASTERLY LINE OF SAID EXISTING UTILITY EASEMENT; THENCE S 00 004'02" E ALONG SAID EASTERLY LINE FOR 63.44' TO A POINT ON THE NORTHERLY LINE OF AN EXISTING 17.50' UTILITY EASEMENT; THENCE S 89 °57'56" W ALONG SAID NORTHERLY LINE FOR 11.00' TO THE "POINT OF BEGINNING" OF SAID STRIP OF LAND. THE ABOVE DESCRIBED STRIP OF LAND CONTAINS 698 SQUARE FEET OR 0.0160 ACRES. WHEREAS, pursuant to Title 11, Oklahoma Statutes, Section 42 -110, the only holders of a franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement are Public Service Company of Oklahoma, and/or Oklahoma Natural Gas Company, and/or Southwestern Bell Telephone Company, and/or Cox Communications Company, and; WHEREAS, the above holders of franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement have waived their objections to the closure of said easement, if any. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. The following described utility /access easement, be, and the same is hereby closed to the public use, to -wit: AN 11.00' WIDE STRIP OF LAND THAT IS PART OF AN EXISTING 11.00' UTILITY EASEMENT ON LOT 2 AND LOT 3 IN BLOCK 2 OF "SMITH FARM MARKETPLACE ", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: STARTING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE N 00 °04'02" W ALONG THE WESTERLY LINE OF LOT 3 FOR 17.50' TO THE "POINT OF BEGINNING" OF SAID STRIP OF LAND; THENCE CONTINUING N 00 004'02" W ALONG SAID WESTERLY LINE FOR 63.45'; THENCE DUE EAST FOR 11.00' TO A POINT ON THE EASTERLY LINE OF SAID EXISTING UTILITY EASEMENT; THENCE S 00 °04'02" E ALONG SAID EASTERLY LINE FOR 63.44' TO A POINT ON THE NORTHERLY LINE OF AN EXISTING 17.50' UTILITY EASEMENT; THENCE S 89 057'56" W ALONG SAID NORTHERLY LINE FOR 11.00' TO THE "POINT OF BEGINNING" OF SAID STRIP OF LAND. THE ABOVE DESCRIBED STRIP OF LAND CONTAINS 698 SQUARE FEET OR 0.0160 ACRES. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 5th day of June, 2007. ATTEST: Sherry Bishop, City Clerk APPROVED: Steve Cataudella, Mayor APPROVED: Julie Lombardi, City Attorney Belk Pets Mart SMITH FARMS MARKETPLACE Pie Ak ted Robin Star 4 Owasso Community Development Department ll 1 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 u-ww. city ofowasso. com Easement Closure Hampton Inn & Suites N W E S MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ANA STAGG, P.E. DIRECTOR OF PUBLIC WORKS SUBJECT: REJECTION OF BIDS RANCH CREEK CROSSING NOA STORMSEWER IMPROVEMENTS DATE: May 29, 2007 BACKGROUND: Fiscal Year 2006 -2007 allocated $25,000 for the repair of a creek crossing altered during the construction of the Ranch Creek Interceptor in the 1990's. Following a review of site conditions, a preliminary engineering cost estimate was prepared for two identified locations along Ranch Creek. Both crossings are located within private property, east of N. Memorial Road between E. 96th Street North and E. 106 Street North. It is presumed that the damage resulted from scouring due to minimal protection and insufficient conveyance in the channel. Repair of each crossing was proposed individually and each location will require significant maintenance to prevent damage from recurring. In September 2006, Meshek and Associates began the preparation of contract documents in anticipation of construction. The work included provisions for a new structure that would enable above - ground crossing of the creek under most frequent storm events (1 -yr frequency). The Engineer's Estimate for the design improvements is $28,160.00. SOLICITATION OF BIDS: Advertisement for Bids was published in the Owasso Reporter on February 22, 2007. Five (5) construction packages were collected by prospective bidders. Two Bids were received and publicly opened on March 26, 2007, as follows (see attachment B): R.L. Hensley Construction Inc. of Tulsa, Oklahoma $ 64,898.00 Ball Construction Inc. from Salina, Oklahoma $125,765.78 Following review by Meshek and Associates (Attachment A), the small scale and location of the project were offered as an explanation for the wide discrepancy between the Engineer's Estimate and submitted Bids. The scope of the project did not afford opportunities for economies of scale — resulting in higher overhead costs percentages. Also, it was anticipated that site access and restoration would result in significant — and disproportionably high — expenditures. Rejection of Bids Ranch Creek Crossing Page 2 of 2 Although no discrepancies were found in the submitted bids, because of the discrepancy between the Engineer's Estimate and the bids received, staff recommends re- advertisement of the work in 6 months. Staff will work to encourage the submittal of multiple bids in hopes to promote competition and yield a lower bid price for the work. RECOMMENDATION: Staff recommends City Council rejection of Bids received for Ranch Creek Crossing No. 1 Stormsewer Improvements. ATTACHMENTS: A. Letter from Consultant B. Bid Tabulation ATTACHMENT A w VV . ­1M vu UUL, vunc wv Sand Springs, OK 74063 918- 241 -2803 Fax: 918- 241 -9245 www.meshekengr.com April 12, 2007 Ms. Sara Arzu, PE City of Owasso PO Box 180 Owasso, OK 74055 RE: Ranch Creek Crossing No. 1 Dear Ms. Arzu: On March 26`h bids were opened on the above referenced project. Both bids exceed the project budget by a significant sum. We have discussed reasons for the high bids with R. L. Hensley Construction, the contractor with lowest bid. His response to our inquiry was that the project was located in the creek. His stated concern was that his work might be destroyed multiple times before the project was finished. In our experience, nearly all of our projects are similarly located in a waterway. In most cases, flow in the stream can be sufficiently managed to prevent destruction of the project. We therefore discount this as the main reason for the high bids. We discussed the project with another contractor who did not bid the project. From his comments and our internal discussions, our opinion is that the project scale had the greatest influence on the cost. Many of area the contractors have a lot of work underway. Many of the contractors who came to the pre -bid meeting did not bid because the project was too small. Smaller projects that consume their bonding capacity and labor force will be bid at a higher price. The same items of work in project with a larger scope would have probably have received bids more consistent with the project estimate. There were discrepancies in both of the bids as shown below as follows: R.L. Hensley Construction, Inc $ 64,898.00 Ball Construction Inc. $ 125,765.78 Project Budget/Estimate $ 28,160.00 The bid tabulation is included for your review. Our recommendation is to reject both bids. Further, we recommend review of the project design and budget and incorporation of the other creek crossing before rebidding. If you have any questions, please call the undersigned. Sincerely, ppFlnEnSnSll/ lO ''''%` 9 � , /,, j •� WILLIAM T. William T. Meshe , PE, PLS c Co; MESHEK 'G) z Meshek & Associates, Inc. z ` 17353 : rr, z Encl. (1) '��1fN111111 ►��`' 050WA04 D D 0 2 M z 00 a50WA05q Page 1 of City of wasso Project: Ranch Creek Low -Water Crossing No. 1 Bid Date: March 26, 2007 2PM Engineer: Meshek & Associates, Inc. R.L. Hensley Const., Inc. Ball Construction Inc. 9811 E. Tulsa, 46th Place OK 74146 PO Box 119 Salina, OK 74365 ENGINEER'S ESTIMATE UNIT ESTIMATED UNIT ESTIMATED UNIT ESTIMATED ITEM NO. SPEC. NO. DESCRIPTION OF ITEMS UNITS QUANTITY PRICE COST PRICE COST PRICE COST $ 1 202(C) UNCLASSIFIED EXCAVATION CY 225 6.00 1,360.00 $ 38.00 $ 8,550.00 $ 142.56 $ 32 080.50 a 2 223 TEMPORARY SILT SCREEN LF 200 $ 5.00 1,000.00 2.60 $ 520.00 4.OD $ 800.00 3 230(A) SODDING AND SEEDING PERM. EROSION CONT. SY 100 $ 2.50 $ 250.00 $ 5.00 $ 500.00 $ 31.00 $ 3100.00 4 403 TRAFFICE COUND SURFACE COURSE TON 25 $ 45.00 $ 1,125.00 $ 80.00 2.000.00 1 $ 96.00 $ 2,400.00 5 509(B) CD S "A" CONCRETE CY 12 $ 150.00 1,800.00 650.001 $ 7800.00 $ 990.00 $ 11 880.00 b 6 509E CLASS "C' CONCRETE CY 12 350.00 $ 4,200.00 640.00 $ 7,680.00 $ 837.58 1 $ 10 050.96 c 7 511 REINFORCING STEEL GR.60 LS 1 750.00 $ 750.00 $ 975.00 $ 975.00 $ 1,100.00 $ 1,100.00 8 901(A-2) FILTER BLAN T CY 61 35.00 $ 1,785.00 $ 58.00 $ 2,958.00 104.90 111 5,349.90 d 9 1601 0) RIP RAP TYPE 1 -A COMPLETE CV 1 28 40.00 1,120.00 $ 120.00 $ 3,360.00 390.39 10 930.92 e 10 601E FILTER FABRIC SY 95 3.00 $ 285.00 $ 9.00 $ 855.00 115.06 $ 10 930.70 f 11 613(B) 24" X 38" HERCP C76 CLO. III W /OMINFLEX GASKETS MITER CUT ENDS LF 60 $ 135.50 8,130.00 $ 175.00 5 10 500.00 192.18 11 530.80 jL 12 619(B) REMOVAL OF STRUCTURES AND OBSTRU TIONS LS 1 4,000.00 4,000.00 14 300.00 14 300.00 13 931.07 13 931.07 13 713 CRUSHED STONE FILL CY 1 39 $ 35.00 1365.00 $ 100.00 $ 3900.00 $ 273.87 10680.93 h 4 SPECIAC PROJECT ALLOWANCE 1.00().()o 1000.00 1 000.00 1,000.00 1 000.00 1 000.00 28 160.00 64 698.00 125 765.78 I r„saannmuq..� �QFEB$ /0 ��Q,•••'"- w.••""• ''ate a - proposal total reads 632,081.07 b total $11,881.07 • - proposal reads total $10,051.07 ((%s W f W ILL IAM T. c - proposal reads d - proposal total reads $5360.00 v~ji MESHEK Z 6 - proposal total reads $10,931.07 = t9 -fly: f - proposal total reads $10,831.07 17353 r17 t� C 0 - proposal total reads $11,531.07 Gv � h - proposal total reatls $10,681.07 1 = proposal total made $116,637.50 W'• ----� - Date: 2 O By William T. Meshek, PE. I.E. Meshok & Afadelatos, Inc. D D 0 2 M z 00 a50WA05q Page 1 of MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER PROJECT MANAGE SUBJECT: ACCEPTANCE OF SANITARY SEWER ROBINSON SANITARY SEWER EXTENSION DATE: May 11, 2007 BACKGROUND: The subject sanitary sewer infrastructure improvements are located north of East 96`h Street North and North 134" East Avenue (see Attachment A). The sanitary sewer line extension consists of approximately 1,400 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances. A permit has been issued by the Oklahoma Department of Environmental Quality (see Attachment B). FINAL INSPECTIONS: Final inspection of the infrastructure improvement has been conducted and all items identified requiring correction to meet city standards have been completed. The developer has provided the required one -year maintenance bond (see Attachment C). RECOMMENDATION: Staff recommends Council acceptance of the Robinson Sanitary Sewer infrastructure improvement. ATTACHMENTS: A. Location Map B. ODEQ Permits C. Maintenance Bonds Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com ROBINSON SANITARY SEWER EXTENSION N W E S 4/03/07 DEP 0 K L A H 0 M A DEPARTMENT OF ENVIRONMENTAL QUALITY STEVEN A. THOMPSON BRAD HENRY Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Governor June 7, 2005 Ana Stagg, Director of Public Works City of Owasso 301 West 2nd Avenue Owasso, OK 74055 Re: Permit No. SL000072050589 Ken Robinson Sanitary Sewer Line Extension S -21310 Dear Ms. Stagg: Enclosed is Permit No. SL000072050589 for the construction of 1,400 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the property of Ken Robinson, City of Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on June 7, 2005. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, sending two (2) sets to your engineer and retaining one (1) set for our files. Sincerely, Justin Hodge DWSRF /Construction Permit Section Water Quality Division J H /TW /ab Enclosure Brian K. Kellogg, P.E., Kellogg Engineering, Inc. James Payne, P.E., WPC District Engineer, DEQ Rick Austin, R.S., Regional Manager, DEQ Tulsa DEQ Office 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1611 printed on recycled paper with soy ink Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond # 20043 KNOW ALL MEN BY THESE PRESENTS, That we Ken Rnhi ncnn , as Principal andvictore Insurance Company as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of FORTY -SIX THOUSAND DOLLARS ($46,000.00) to which payment will and truly to be made, bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. we WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of ONE YEAR, after final approval of the ROBINSON SANITARY SEWER SYSTEM, a privately financed public improve- ment, 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: March 21, 2007 ROBINSON SANITARY SEWER SYSTEM, Principal BY. J Ken Robinson Vict Surety BY: , Attorney -in -fact W.R. Kelley MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: MICHELE DEMPSTER HUMAN RESOURCE DIRECTOR SUBJECT: INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) FISCAL YEAR 2007 -2008 CONTRACT DATE: May 23, 2007 BACKGROUND: In May of 2006, as a part of the 2006 -2007 contract with the International Association of Firefighters, the City Council approved language agreeing to ratify the 2006 -2007 contract by June 30, 2007, extending the contract into fiscal year 2007 -2008. The second year of the contract provides for an average increase of 6.38%. The increase in compensation is $121,322 over the current year's contract. PROPOSAL: Staff recommends approval of the second year of the two year contract with the International Association of Firefighters. MEMORANDUM TO: HONORABLE CITY COUNCIL FROM: STEPHEN CATAUDELLA MAYOR SUBJECT: APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS DATE: June 5, 2007 BACKGROUND: Pursuant to authority contained in Article 2, Section 2 -4, subsection (e) of the Charter of the City of Owasso, the City Council has established ordinances that provide, generally, for the Mayor to appoint members to various boards, commissions, trusts, and committees; such appointments subject to confirmation by the City Council. Additionally, the Council has established the same procedure, by precedent, for those appointments not specifically addressed by ordinance. It is, therefore, the purpose of this memorandum to recommend for Council confirmation the following appointments to the positions as indicated: • ANNEXATION COMMITTEE (One Year Term) D.J. Gall, City Councilor Doug Bonebrake, City Councilor Dan Draper (Planning Commission) Lois Hilberling (Citizen) Bradd Clark, Fire Dan Yancey, Police Tim Rooney, Assistant City Manager Eric Wiles, Community Development Rickey Hayes, Economic Development Ana Stagg, Public Works Julie Lombardi, City Attorney AUDIT COMMITTEE Dennis Phillips (Three Year Term) Stephen Cataudella, Mayor • BOARD OF ADJUSTMENT Ken Foster (Three Year Term) David Hall (Three Year Term) Tammy Laasko (remainder of term currently served by Charles Brown, 6/30/08) June 5, 2007 Appointments to Various Boards and Committees Page 2 of 3 • CAPITAL IMPROVEMENTS COMMITTEE (One Year Term) Doug Bonebrake (City Council) D.J. Gall (City Council) Duane Coppick (Planning Commission) Tom Kimball (OEDA Representative) Frank Enzbrenner (Banking Representative) Trish Hauser (Chamber Representative) Mike Ames (Citizen) Jim Hunter (Citizen) Bryan Stovall (Citizen) Rob Haskins (Citizen) Sherry Bishop, Finance Bradd Clark, Fire Eric Wiles, Community Development Tim Rooney, Assistant City Manager Rodney Ray, City Manager Rickey Hayes, Economic Development Ana Stagg, Public Works Dan Yancey, Police • INCOG LEGISLATIVE CONSORTIUM Julie Lombardi (One Year Term) Rodney Ray (Alternate) • INCOG ENVIRONMENTAL POLICY COMMITTEE Ana Stagg (One Year Term) • OWASSO ECONOMIC DEVELOPMENT AUTHORITY Gary Akin (Chamber Representative, One Year Term) Mayor Steve Cataudella (Council Representative, One Year Term) • PERSONNEL BOARD Mary Ann Alexander (Three Year Term) • PLANNING COMMISSION Duane Coppick (Three Year Term) Charles Brown (Three Year Term) • REGIONAL METROPOLITAN UTILITY AUTHORITY Sherry Bishop (One Year Term) Ana Stagg (One Year Term) • SALES TAX WATCHDOG (appointed for life of sales tax or resignation/termination) Mark Callery (Member at Large) June 5,2007 Appointments to Various Boards and Committees Page 3 of 3 TRANSPORTATION POLICY COMMITTEE Councilor Susan Kimball (One Year Term) Ana Stagg (Alternate) • TRANSPORTATION TECHINCAL COMMITTEE Ana Stagg (One Year Term) Joe Nurre (Alternate) RECOMMENDATION: I recommend Council confirmation of the above appointments. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TERESA WILLSON INFORMATION SYSTEMS DIRECTOR SUBJECT: FIBER PROJECT DATE: May 25, 2007 BACKGROUND: The FY 06 -07 budget for Information Technology included funding for a project to install fiber from the City Hall facility to the Public Works facility. The fiber optic cabling would replace an existing wireless connection between the facilities. The additional bandwidth provided by fiber is necessary to support increased network traffic as the integrated municipal software system is implemented. A total of $36,000 was budgeted for this purpose. The Information Technology Department began the process of advertising for bids on May 2, 2007. The bid proposal called for the installation and annual maintenance of fiber optic cabling to begin at a termination point in the server room in City Hall, then run aerially and buried, as predetermined by staff, and terminated in the communications closet at Public Works. A copy of the fiber route map is attached for your information and review. All bids were opened on May 23, 2007 at 11:00 AM. A total of three bids were received and are listed below: BIDDER CABLING/INSTALLATION YEARLY MAINTENANCE Dan-D -Co, Catoosa, OK $15,280.00 $500.00 Telco Supply, Sulpher, OK $49,330.00 $250.00 Techsico Network Services, Tulsa, OK $27,291.00 $2600.00 A review of the bids indicate that all were in compliance with the bid specifications. The discrepancy from Telco is due to the vendor including optional items totaling approximately $24,000.00, not requested in the bid. Dan-D -Co provided the lowest bid for the fiber project. Additional costs of the project, not included as a portion of the bid specifications, are as follows: Boring of buried portions of fiber project $10,800.00 Conduit 4" and two 1" sleeves @ 650 feet $4,000.00 AEP annually recurring fee $275.00 Railroad application $600.00 Railroad permit fee $1,500.00 TOTAL $17,175.00 These items were not included in the project bid specifications as they contained application and permit fees, a recurring charge by AEP, the road boring, and purchase of conduit, within the spending authority of the City Manager. Because the installation of fiber is considered a public improvement it was required by state statute to be bid. FUNDING: Funding for the installation of the fiber optic cabling was included in the FY 06 -07 budget in the amount of $36,000. The project totals $32,955.00, including the installation of fiber, fees, supplies and boring expense. RECOMMENDATION Staff recommends Council award the bid for the installation of fiber optic cable from City Hall to Public Works and first year maintenance to Dan-D -Co of Catoosa, Oklahoma in the amount of $15,780.00. ATTACHMENT 1. Fiber Optic Routing Map z w �3 A, f • S i sA ra o ,,a r • �� 7' ' = 1111 x �, 11 0 .i t• � � t Y_r • 1' �! 1 Ah EL 1 • y �, • y BOB D Lm ir r ► � t • f T e CAME oil 16444 p�E� ?ti0 d\ 1 �P1a j—Llq : f 1 suovRUa� f FUa e. f LLL t, 1 • �Ofl,B AGENCY • S i ppMM A' AF'Rl7 t, 3 R�ATEE ,io0 o"EL fA ANCC ST,LC • BARS .RS , :� ELCIpj - JP AN INS ; + /OSIER'S A 1 rc Er li, MEpICAP kiER ,NF. �' dW oESlIS �1 MARK' Rsr Mon It Ilia y S 1 FIRST rf► FIBER OPTIC ROUTING 4/2/07 Legend BURIED FIBER OVERHEAD FIBER 0 North MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED TO ESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT RANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY. CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER PROJECT MANAGER SUBJECT: FY 2006 -2007 STREET REHABILITATION PROJECT RECOMMENDATION OF AWARD OF PAVEMENT STRIPING PROJECT DATE: May 24, 2007 BACKGROUND: Included in FY 2006 -2007 Budget, the Capital Improvements Fund allows for the expenditure of $1,000,000 for the repair and/or resurfacing of residential and non - residential roadways throughout the city. Since December 2006, six miles of roadway have been reconstructed and/or overlaid for a total cost of nearly $700,000., The scope of this work relates to the striping of roadways which received an overlay as part of the FY 2006 -2007 Street Rehabilitation Project (Attachment A). Tulsa County and the City of Owasso do not own equipment for the application of thermal striping material necessary for the completion of the work. Thus, design documents were prepared for the completion of the work by a contractor. Notices to bidders were published in the Owasso Reporter on April 24, 2007, and May 1, 2007. Documents were also submitted to plan firms and facsimile notifications were sent directly to local contractors to encourage the submittal of bids. EVALUATION OF BIDS: Bids were opened on May 14, 2007, from four (4) contractors (Attachment B) as summarized below: Contractor Total Bid Action Safety $ 59,297.00 NES Traffic Safety $ 72,822.17 Direct Traffic Control $ 75,566.35 Midstate Traffic Control $ 174,896.00 The low bid was submitted by Action Safety from Oklahoma City, Oklahoma. The City of Owasso has not conducted business with Action Safety in the past so recommendations were obtained from the Oklahoma Department of Transportation, City of Oklahoma City, Oklahoma, City of Duncan, Oklahoma, and Becco Contractors. All parties contacted gave favorable remarks concerning Action Safety. FY 2006 -2007 Street Rehabilitation Project Striping Bid Award Page 2 of 2 PROJECT FUNDING: Funding for this repair project is included in the FY 2006 -2007 Capital Improvements Fund budget (Line Item 40- 300 -54210 -042) in the amount of $1,000,000. Adequate funding remains for the completion of the striping work. RECOMMENDATION: Staff recommends Council award the FY 2006 -2007 Pavement Striping Project contract, including all five (5) alternates, to Action Safety of Oklahoma City, Oklahoma, in the amount of $59,297.00. ATTACHMENTS: A. 2006 -2007 Pavement Striping Project Map B. Bid Tabulation ATTACHMENT A Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com 2006 -2007 Pavement Striping Project N W E S 5/15/07 Vendor e (70> W' The City Without Limits. 2006 -2007 Pavement Striping Project Bid Opening May 14, 2007 Total Base Bid Alter #1 Alter #2 Alter #3 Alter #4 Alter #5 Proiect NES Traffic Safety $56,246.97 $5,020.60 $4,065.20 $6,729.00 $462.80 $297.60 $72,822.17 Action Safety $47,338.75 $3,862.61 $2,763.64 $4,692.50 $383.00 $256.50 $59,297.00 Midstate Traffic Control $125,654.00 $14,841.00 $12,426.00 $19,700.00 $1,492.00 $783.00 $174,896.00 Direct Traffic Control $58,748.75 $5,071.30 $4,115.40 $6,850.50 $437.80 $342.60 $75,566.35 Engineers Estimate $100,549.75 $11,104.25 $6,573.00 $14,512.00 $1,690.00 $502.50 $134,931.50 —I D n M z MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI GENERAL COUNSEL SUBJECT: SETTLEMENT OF THE CITY OF OWASSO v. CATHERINE A. GRAMMER, et al. CONDEMNATION ACTION DATE: June 5, 2007 BACKGROUND The Owasso City Council adopted a Resolution on February 7, 2006, declaring the necessity of acquiring Right -of -Way over the landowners' property located on the corner of 106th Street North and Memorial Road. The City Council determined that it was necessary to acquire both temporary and permanent easements over the property to facilitate construction of a water transmission line along 106th Street North from Sheridan to Mingo. A Petition to condemn the subject property was filed by the City in the District Court of Tulsa County on February 14, 2006. Pursuant to the City's request, the Court appointed three commissioners to appraise the property and file a report with the Court. The commissioners' report was filed on May 18, 2006, and valued the property at $9,200. Thereafter, the landowners filed a request for a jury trial. The City then deposited the $9,200 commissioners' award, with all other applicable fees and poundage, into the Court which allowed the City to enter onto the land and begin construction of the waterline. Discovery proceedings commenced in this case shortly after the landowners retained counsel and requested a jury trial. All four landowners are represented by James E. Frasier of Frasier, Frasier & Hickman, LLP. The four landowners are siblings who inherited the subject property from their deceased parents. Currently, the land is undeveloped and utilized for pasture land, but the landowners intend to develop the property in the future. The City retained Adam Adwon of Green Country Appraisal to appraise the property and serve as the City's expert witness appraiser at trial. Mr. Adwon appraised the property at $12,500. Upon receipt of Mr. Adwon's appraisal, the City recognized that liability under the "10 % rule" was present, and began exploring settlement options. The "10% rule" derives from a statutory mandate in Oklahoma that an entity condemning the property of another will be liable for all of the landowner's attorney fees if the difference between the commissioners' award and the jury's award at trial is more than 10 %. In this case, the City was clearly liable for the landowners' attorney fees because the least amount a jury might award to the landowners would be the appraisal amount from the City's appraiser, $12,500. This amount exceeds the $9,200 commissioners' award by more than 10 %. The landowners' appraiser, Don Wilson, appraised the property at approximately $95,000. Staff's inquiries and research have revealed that it is not uncommon for attorney fees in a condemnation case involving discovery, and ultimately, a jury trial, to exceed $50,000. For this reason, staff has vigorously pursued settlement negotiations with the landowners in this matter. Following extended negotiation, the landowners and their attorney have expressed a willingness to settle this case for a total of $78,500. This would necessitate an additional payment of $63,900 to the landowners once the commissioners' award of $9,200 is subtracted from the total settlement amount. Given the City's potential exposure for a large jury award based on current public feelings regarding takings by eminent domain, and the concurrent liability for significant attorney fees, staff believes it is in the City's best interest to settle this condemnation action for an additional payment to the landowners of $63,900. RECOMMENDATION Staff recommends that the City Council approve the settlement agreement in the amount of $78,500 and authorize the payment of $63,900 to Catherine A. Grammer, Cecil E. Cox, Nina J. Eccles and Raydean Curteman; and, further authorize the Mayor and the City's General Counsel to execute all necessary settlement documents. ATTACHMENTS City Council Resolution dated February 7, 2006. CITY OF OWASSO, OKLAHOMA RESOLUTION No. 2006 -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, RESOLVING THE NECESSITY OF INSTITUTING AND PROSECUTING CONDEMNATION PROCEDURES TO OBTAIN PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS WHEREAS: The City of Owasso, by and through officers and agents thereof, has endeavored to obtain permanent and temporary construction easements, the legal descriptions of same attached hereto and marked Exhibit "A," deemed necessary for the 106`h Street North water transmission line project from the respective landowners, to -wit: Kelly McLaughlin, Parcel No. 7 Cathy Grammer, Nina Eccles, Cecil Cox and Raydean Curteman. Parcel No. 30 WHEREAS: In connection with such efforts to obtain the needed permanent and temporary construction easements consensually, the City of Owasso, by and through officers and agents thereof, has made bona fide good faith offers to purchase same; and, WHEREAS: The above - referred landowners have not accepted such offers and by reason thereof, condemnation proceedings, as provided for under the Constitution and Statutes of the State of Oklahoma, are necessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Officers and agents of the City of Owasso, Oklahoma, are hereby authorized to initiate and prosecute to the conclusion thereof condemnation proceedings against any or all of the above -named landowners to obtain the necessary permanent and temporary construction easements as set forth in Exhibit "A" hereto, as well as any additional relief to which the City of Owasso, Oklahoma, may, by law, be entitled to. APPROVED ADOPTED this 7`h day of February, 2006, by the City Council of the Citv arasmo_ ahmmn t�" ry9 Z ` ~ OFFICIAL SEAL Attest: 0'ktAHOOP� mil, j1 '/, Approved As To Form: �t �D�ccl— ch✓I ��.1 Julie Trout Lombardi, City Attorney Vol, F1,Mayo PAIZ Wr