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HomeMy WebLinkAbout2019.05.21_City Council AgendaRECEIVED PUBLIC NOTICE OF THE MEETING OF THE MAY 17 2019 OWASSO CITY COUNCIL City Clerk's Office Council Chambers, Old Central Building 109 North Birch, Owasso, OK 74055 Regular Meeting Tuesday, May 21, 2019 - 6:30 pm 1. Call to Order Mayor Chris Kelley 2. Invocation Pastor Jonathan Cook of Destiny Life Church - Owasso 3. Flag Salute 4. Roll Call 5. Presentation of Proclamation Mayor Chris Kelley The Mayor will present a proclamation declaring May 19 -25, 2019, as National Public Works Week, in recognition that public works infrastructure, facilities, and services play an integral part in the health, safety, and well -being of citizen's day to day lives. 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • May 7, 2019, Regular Meeting • May 14, 2019, Regular Meeting B. Approve claims C. Authorize the Mayor to execute an Amendment to the Tulsa County Urban County Community Development Block Grant (CDBG) Program Cooperation Agreement by adding Section IX, Transfer of CDBG Funds Prohibited, stating that a unit of general local government may not sell, trade, or otherwise transfer all or any portion of such CDBG funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non - Federal considerations D. Approve Ordinance 1138 - Amended, correcting a scrivener's error on Attachment "A ", Official Base Zoning Map, to show the property located at 102 West 1 lrh Street North zoned Office (0), as approved in Ordinance 905 E. Accept a donation from Country Financial and approve a budget amendment in the General Fund, increasing revenues and the appropriation for expenditures in the Police Department by $1,500.00 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. PUBLIC HEARING -The City Council will conduct a public hearing for the purpose of receiving citizen input relating to the proposed FY 2019 -2020 Annual Operating Budget Warren Lehr Owasso City Council May 21, 2019 Page 2 PUBLIC HEARING - The City Council will conduct a public hearing for the purpose of receiving citizen input relating to a proposed amendment to the list of Capital Improvement Projects eligible for funding from the Capital Improvements Fund to include 5K Heart Healthy Trail, Funtastic Island renovations and Splash Pad Chris Garrett 10. Consideration and appropriate action relating to the purchase of a Bi -Fuel CNG vehicle Larry White Staff recommends approval to purchase a 2019 Ford F150 Y2 -ton, regular cab, rear -wheel drive pickup equipped for CNG Bi -fuel, in the amount of $34,071.00 from Bill Knight Ford Fleet and Commercial Center of Tulsa, Oklahoma, utilizing approved Oklahoma Statewide Contract #SW035. 11. Consideration and appropriate action relating to a budget amendment in the City Garage Fund and the purchase of heavy duty vehicle lifts Larry White Staff recommends approval of a budget amendment in the City Garage Fund increasing the appropriation for expenditures in the City Garage budget by $13,350.00; and approval to purchase the following truck lifts from Malchi Automotive Equipment Supply Incorporated, of Broken Arrow, Oklahoma: • One (1) 4 -post extended length heavy duty drive -on lift in the amount of $30,025.00; • Four (4) Mobile column lifts in the amount of $40,218.75. 12. Consideration and appropriate action relating to the 2017 -2018 Roadway Striping Project Earl Farris Staff recommends acceptance of the project and authorization for final payment to Direct Traffic Controls Inc. of Muskogee, Oklahoma, in the amount of $95,792.10. 13. Consideration and appropriate action relating to a Final Plat for Glover Coffee Creek, located in the 10500 block of the Owasso Expressway Karl Fritschen Staff recommends approval of the Final Plat for Glover Coffee Creek. 14. Consideration and appropriate action relating to Ordinance 1148, annexing into the corporate limits of the City of Owasso approximately 4 acres located at 11515 East 961h Street North and rezoning the property from Agriculture (AG) to Commercial Shopping (CS) as referenced in applications OA 19 -02 and OZ 19 -02 Morgan Pemberton Staff recommends adoption of Ordinance 1 148. 15. Consideration and appropriate action relating to Ordinance 1149, relating to Part 3, Alcoholic Beverages, of the Code of Ordinances, City of Owasso; amending in part and repealing in part various Chapters and Sections; and establishing an annual occupation tax Julie Lombardi Staff recommends adoption of Ordinance 1149. Owasso City Council May 21, 2019 Page 3 16. Consideration and appropriate action relating to Ordinance 1150, relating to Part 9, Licensing and Business Regulations, of the Code of Ordinances, of the City of Owasso; repealing in its entirety Chapter 5, License for the Sale and Serving of Alcohol and 3.2 Beer Julie Lombardi Staff recommends adoption of Ordinance 1150. 17. Consideration and appropriate action relating to Resolution 2019 -12, resolving the necessity of instituting and prosecuting condemnation procedures to obtain utility and temporary construction easements located at 11301 North Garnett Road, Owasso, Oklahoma Julie Lombardi Staff recommends approval of Resolution 2019 -12. 18. Consideration and appropriate action relating to an Employment Agreement between the City and City Manager, Warren Lehr Michele Dempster 19. Consideration and appropriate action relating to the ratification of the second year of the current Employment Agreement between the City and City Attorney, Julie Lombardi, for FY 2019 -2020, and approval of a First Amendment to said Employment Agreement Michele Dempster 20. Report from City Manager 21. Report from City Attorney 22. Report from City Councilors 23. Official Notices to Council (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date May 11, 2019 • Health Care Self- Insurance Claims - dated as of May 16, 2019 • Monthly Budget Status Report - April 2019 • Oklahoma Department of Environmental Quality Construction Permit No. WL000072190240 • Oklahoma Department of Environmental Quality Construction Permit No. SL000072190258 • Red Flag Policy Annual Report dated May 1, 2019 24. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 25. Adjournment Notice of Public Meeting filed in the office of the City Clerk on December 14, 2018, and the Agenda posted at City Hall, 200 South Main Stree�.16:00 pm on Friday, May 17, 2019. M. Stevens, The City of Owasso encourages citizen participation. To reqLVst an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens@cityofowasso.com The City of Owasso, Oklohomo ftocfamation WHEREAS, public works infrastructure, facilities, and services are of vital importance to sustainable and resilient communities and play an integral part in the health, safety, and well -being of citizen's day to day lives, and, WHEREAS, the efficient operation of public works systems and programs such as transportation, water distribution, sanitary sewer collection, stormwater maintenance, wastewater treatment refuse collection, recycling, cemetery maintenance, engineering and design, facilitate a healthy and fulfilling quality of life for the citizens in our community; and, \�. WHEREAS, the quality and effectiveness as well as the planning design, building construction, maintenance, and managing projects is vitally dependent upon the efforts and skills of each public works employee; and, WHEREAS, the year 2019 marks the 59' annual National Public Works Week sponsored by the American Public Works Association and represents the many facets of modem civilization that arise from the efforts forts set forth by the Public Works Professionals across North America. NOW, THEREFORE, I, Chris Kelley, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim May 19 — 25, 2019, as National ft 6Cic Works Week in the City of Owasso and encourage all residents 'to recognize Owosso's Public Works Employees for the substantial contributions they make to protecting our health, safety, and quality of life. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 21 n day ofMay, 2019. Chris Kelley, Mayor OWASSO CITY COUNCIL OWASSO PUBLIC WORKS AUTHORITY (OPWA) OWASSO PUBLIC GOLF AUTHORITY (OPGA) MINUTES OF JOINT REGULAR MEETING Tuesday, May 7, 2019 The Owasso City Council met in regular session on Tuesday, May 7, 2019, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed December 14, 2018, and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, May 3, 2019. 1. Call to Order Mayor Chris Kelley called the meeting to order at 6:30pm. 2. Invocation The Invocation was offered Father Bryan Beard of Church of the Holy Cross. 3. Flag Salute Councilor Kelley Lewis led the flag salute. 4. Presentation of Character Trait Of Wisdom Chad Balthrop, Character Council Member, presented the character trait for the month of May. 5. Presentation of Proclamations Mayor Chris Kelley presented proclamations declaring: • May 12 -18, as National Police Department Week in recognition of law enforcement officers, past and present, who have rendered a dedicated service to their communities; and, May 15 as Peace Officers Memorial Day to honor law enforcement officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty • May 6 -11, as National Economic Development Week in recognition of the importance of economic development in creating investment opportunities and improving quality of life in the City of Owasso 6. Oath of Office Julie Lombardi administered the Oath of Office for Ward 5, City Councilor /Trustee Doug BoneBrake. 7. Roll Call Present Absent Mayor - Chris Kelley None Vice - Mayor- Bill Bush Councilor- Doug Bonebrake Councilor - Lyndell Dunn Councilor - Kelly Lewis A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi Owasso City Council, OPWA, OPGA May 7, 2019 Page 2 8. Election of Mayor /OPWA Chair /OPGA Chair Mayor /Chair Chris Kelley called for a nomination for the position of Mayor. Mr. Bonebrake moved, seconded by Mr. Dunn to elect Chris Kelley to serve as Mayor. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Mr. Bush moved, seconded by Mr. Dunn to elect Chris Kelley to serve as OPWA Chair. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Mr. Bonebrake moved, seconded by Ms. Lewis to elect Chris Kelley to serve as OPGA Chair, YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 9. Election of Vice Mayor /OPWA Vice Chair /OPGA Vice Chair Mayor /Chair Chris Kelley called for a nomination for the positions of Vice Mayor /OPWA Vice Chair /OPGA Vice Chair, Mr. Dunn moved, seconded by Mr. Bonebrake to elect Bill Bush to serve as Vice Mayor /OPWA Vice Chair /OPGA Vice Chair. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve Owasso City Council minutes - April 16, 2019, Regular Meeting B. Approve Owasso Public Works Authority minutes - April 16, 2019, Regular Meeting C. Approve Owasso Public Golf Authority minutes - April 16, 2019, Regular Meeting D. Approve City of Owasso claims E. Approve Owasso Public Works Authority claims F. Approve Owasso Public Golf Authority claims G. Authorize the City Manager to execute the Community Development Block Grant (CDBG) FY 2018 Contract /Agreement Renewal extending the effective date to June 30, 2020, for funding the Hale Acres Sanitary Sewer Line Rehabilitation Project Mr. Dunn moved, seconded by Mr. Bush to approve the Consent Agenda with City Council claims totaling $515,260.97, Owasso Public Works Authority claims totaling $620,226.51, and Owasso Public Golf Authority claims totaling $27,811.50. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 11. Consideration and appropriate action relating to items removed from the Consent Agenda None Owasso City Council, OPWA, OPGA May 7, 2019 Page 3 12. Consideration and appropriate action relating to the award of a bid for the Owasso Police Headquarters Roof Replacement Project Jason Woodruff presented the item, recommending City Council award the bid to Ground Zero Roofing & Construction of Newcastle, Oklahoma, in the amount of $71,500 for replacement of the roof at the Owasso Police Department Headquarters. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Bush to award the bid, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 13. Consideration and appropriate action relating to the acceptance of the Owasso Public Safety Operations and Training Complex (Fire Station #4) Project and Final Payment David Hurst presented the item, recommending City Council accept the construction project and authorize final payment to Timberlake Construction Company, Inc. of Oklahoma City, Oklahoma, in the amount of $567,407.81. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Dunn to accept the construction project and authorize final payment, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 14. Consideration and appropriate action relating to a budget amendment in the General Liability /Property Self- Insurance Fund Michele Dempster presented the item, recommending City Council approve a budget amendment in the General Liability /Property Self- Insurance Fund, increasing the estimated revenues by $52,000 and the appropriation for expenditures by $75,000. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to approve the budget amendment, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 15. Consideration and appropriate action relating to Resolution 2019 -11, litigation styled Pinnacle Performance & Repair, Inc., et al., v. The City of Owasso, 19 -CV- 00183 - JHP -JPJ, filed in the United States District Court for the Northern District of Oklahoma Julie Lombardi presented the item, recommending City Council approve Resolution 2019 -11, retaining Keith Wilkes of Hall Estill to defend the City of Owasso in the litigation styled Pinnacle Performance & Repair, Inc., et al., v. The City of Owasso, 19 -CV- 00183 - JHP -JFJ, filed in the United States District Court for the Northern District of Oklahoma. There were no comments from the audience. Mr. Bush moved, seconded by Mr. Dunn to approve Resolution 2019 -11, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Owasso City Council, OPWA, OPGA May 7, 2019 Page 4 16. Report from City Manager Warren Lehr introduced Roger Stevens to provide the monthly Public Works project status report. Mr. Lehr reported on the city's annual free land fill day in April, the annual free yordwaste disposal days of May 4, and May 11, 2019, the results of a surplus auction using Purple Wave Auction, recognized the Owasso High School Boys Golf Team for winning the 6A State Championship; and recognized the Peterson Family for being named Special Olympics Oklahoma 2019 Family of the Year. 17. Report from City Attorney None 18. Report from City Councilors Councilor Bush commented on the 2019 6A State Baseball tournament. Councilor Bonebrake commented on the City Council election. Mayor Kelley reported on community events. 19. Official Notices to Council (documents for acknowledgment of receipt or information only, no discussion or action will be taken) The Mayor acknowledged receipt of the following: • City of Owasso Payroll Payment Reports Pay Period Ending Date April 13, 2019, and April 27, 2019 • City of Owasso Health Care Self- Insurance Claims dated as of May 2, 2019 • Owasso Public Works Authority Payroll Payment Reports Pay Period Ending Date April 13, 2019, and April 27, 2019 • Owasso Public Golf Authority Payroll Payment Reports Pay Period Ending Date April 13, 2019, and April 27, 2019 • Oklahoma Department of Environmental Quality Construction Permit No. WL000072190257 20. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 21. Adjournment Mr. Bush moved, seconded by Mr. Bonebrake to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:35 pm. Chris Kelley, Mayor /OPWA Chair /OPGA Chair Juliann M. Stevens, City Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING Tuesday, May 14, 2019 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, May 14, 2019, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed December 14, 2018, and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, May 10, 2019. Call to Order /Roll Cali Mayor /Chair Chris Kelley called the meeting to order at 6:00 pm. Present Absent Mayor /Chair - Chris Kelley None Vice Mayor /Vice Chair- Bill Bush Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndeli Dunn Councilor /Trustee - Kelly Lewis A quorum was declared present. 2. Presentation of the BusinessTHRIVE Program Chelsea Levo -Feary presented the item and discussion was held. 3. Discussion relating to Community Development Items A. Proposed Amendment to the Owasso Zoning Code, Chapter 10, Section 10.4 - Uses in the US -169 Overlay District B. Annexation OA 19 -02 and Rezoning OZ 19 -02, 11515 East 96th Street North C. Final Plat - Coffee Creek Glover Jeep Dealership, 10500 block of US -169 East Service Road, just north of the existing Glover Dealership D. Amendment to Ordinance 1138, correcting the Official Base Zoning Map for property located at 102 West 1 I th Street North Brian Dempster and Karl Fritschen presented items A - D and discussion was held. It was further explained that the required public hearing for item A would take place during the May 21, 2019, City Council meeting; and, items B, C, and D would be placed on the May 21, 2019, City Council Agenda for consideration and action. 4. Discussion relating to a request to amend the list of Capital Improvement Projects eligible for funding from the Capital Improvements Fund to include 5K Heart Healthy Trail, Funtastic Island renovations and Splash Pad Teresa Willson presented the item and discussion was held. It was further explained that the required public hearing would take place during the May 21, 2019, City Council meeting. 5. Discussion relating to Support Services Items A. Purchase of a CNG Bi -Fuel vehicle B. Purchase of heavy duty vehicle lifts Larry White presented the items and discussion was held. It was further explained that these items would be placed on the May 21, 2019, City Council Agenda for consideration and action. 6. Presentation of the proposed FY 2019 -2020 Annual Operating Budget Warren Lehr presented the item and advised that the required public hearing would take place during the May 21, 2019, City Council meeting. Owasso City Council, OPWA & OPGA May 14, 2019 Page 2 Discussion relating to City Manager items A. Various Citizen Board and Committee appointments B. Monthly sales tax report C. City Manager report Warren Lehr presented item A and discussion was held. Linda Jones presented item B and discussion was held. Under item C, Mr. Lehr reported that the June 4, 2019, Council /OPWA /OPGA meetings are cancelled due to the lack of a quorum; a community -wide meeting will take place on May 23, 2019, to present proposed improvements to East 96th Street North from Garnett Road to North 1291h East Avenue; and discussed the results of the free yard waste disposal days. 8. City Councilor /Trustee comments and inquiries Councilor Dunn commented on the City's various masterplan documents and discussion was held. 9. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters of the City Attorney and City Manager as provided for in Title 25, O.S. § 307(6)(1) Mr. Bonebrake moved seconded by Mr. Bush to enter into executive session to discuss annual evaluations of the City Attorney and City Manager. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion Carried 5 -0 At 7:45 pm, the five (5) City Council members entered into executive session. At 8:30 pm, Warren Lehr entered into executive session. At 9:10 pm, Warren Lehr exited executive session. At 9:25 Julie Lombardi entered into executive session. At 9:35 Julie Lombardi exited executive session and Warren Lehr entered into executive Session. At 9:35 pm, all parties exited executive session and the Council returned to open session. 10. Adjournment Mr. Bush moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried 5 -0 and the meeting adjourned at 9:40 pm. Chris Kelley, Mayor /Chair Juliann M. Stevens, City Clerk Fund 01 GENERAL Claims List - 5/21/2019 Vendor Name AEP IPSO AT &T BLUE ENERGY FUELS, LLC CITY GARAGE FLEETCOR TECHNOLOGIES JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK Payable Description Payment Amount ELECTRIC USE $127.34 LONG DISTANCE PHONE $0.64 CNG FUEL PURCHASED - APRI $7.18 LABOR/OVERHEAD - MAY, 201 $146.08 FUELMAN EXPENSES - APRIL, $176.65 LOWES - SUPPLIES $68.90 SERENITY - SERVICES $390.00 SOUTHERN AG- SUPPLIES $4.99 SPAY OK -MED $80.00 WALMART- SUPPLIES $122.58 WATERSTONE- CLEANING $73.50 WILL ROGERS ANML -MED $193.20 GEN ANIMAL CONTROL -Total $1,391.06 AEP IPSO ELECTRIC USE $20,28 JPMORGAN CHASE BANK P &K- CUTTERS $18.00 JPMORGAN CHASE BANK TRACTOR SPLY -BOOTS $134.99 VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC $42.43 GEN CEMETERY -Total AMAZON- SUPPLIES $215.70 RON D. LEWIS INSTRUCTOR FEE $206.40 TEAL DANCE COMPANY LLC INSTRUCTOR FEE $116.00 GEN COMM CTR DONATIONS -Total $322.40 AEPIPSO ELECTRIC USE $822.65 AT &T LONG DISTANCE PHONE $2.28 GRAND GATEWAY ECO. DEV. ASSC. SENIOR RIDES $220.00 JPMORGAN CHASE BANK AMAZON- GLOVES $20.66 JPMORGAN CHASE BANK AMAZON- SUPPLIES $262.12 JPMORGAN CHASE BANK LOCKE- REPAIR $26.92 JPMORGAN CHASE BANK LOWES- SUPPLIES $19,98 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $179.62 SUMNERONE INC COPIER FEE $311.42 GEN COMMUNITY CENTER -Total $1,865.65 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - APRI $54.36 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $572.08 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - APRIL, $201.12 HAROLD RANDALL PINNEY CODE ENFORCEMENT MOWING $200.00 JPMORGAN CHASE BANK ]CC-MEMB FEE $135.00 JPMORGAN CHASE BANK LODGING EXPENSE $166.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $94.56 JPMORGAN CHASE BANK PIKEPASS -FEES $5.30 TREASURER PETTY CASH LICENSE -BOGGS $35.00 TULSA COUNTY CLERK LIEN & DEED FILING $13.00 E Claims _List - 5/21/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN COMMUNITY DEVELOPMENT - Total $1,476.42 BRONZE- DEPOT.COM, INC STATUE $4,295.00 GEN CUL/REC TIMMY & CINDY- Total $4,295.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $4.84 GEN CULTURE & RECREATION -Total 54,84 JPMORGAN CHASE BANK AMERICAN PARKING -FEE $6.00 JPMORGAN CHASE BANK OK NEWS -SUB FEE $11.90 JPMORGAN CHASE BANK OK PROFESSIONAL -MEMB $350.00 JPMORGAN CHASE BANK SAV ON- BUSINESS CARDS $35.00 JPMORGAN CHASE BANK SAV ON- FOLDERS $650.00 GEN ECONOMIC DEV -Total $1,052.90 AEP IPSO ELECTRIC USE $72,59 AT &T LONG DISTANCE PHONE $1.10 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - APRIL, $69.86 TOTAL RADIO INC STORM SIREN MAINT $6,696.00 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELECTRIC $94.52 GEN EMERG PREPAREDNESS -Total $6,934.07 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - APRI $30.00 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $481.00 CLEAN UNIFORM COMPANY UNIFORM SERVICE $35.46 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES- APRIL, $365.11 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $131.96 JPMORGAN CHASE BANK GRAPHIC RES- PRINTING $127.50 UNIFIRST HOLDINGS LP UNIFORM SERVICE $25.50 UNITED STATES CELLULAR PW CELL PHONES $36.80 CORPORATION GEN ENGINEERING -Total $1,233.33 CARLY PETERSON TUITION REIMBURSEMENT $2,115.00 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $207.75 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - APRIL, $17.57 JPMORGAN CHASE BANK AMAZON- SUPPLIES $10,24 GEN FINANCE -Total $2,350.56 AEP IPSO ELECTRIC USE $2,485.60 AT &T LONG DISTANCE PHONE $40.53 DOERNER, SAUNDERS, DANIEL & CENTRAL PARK DRAINAGE $1,256.10 DOERNER, SAUNDERS, DANIEL & QUIET TITLE ACTION $2,568.50 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICE $5,100.00 IMPERIAL LLC COFFEE SERVICE - CITY HAL $219.30 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $86.97 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $281.64 2 Claims List - 5/21/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL RICOH USA, INC COPIER RENTAL $199.49 TULSA COUNTY CLERK LIEN & DEED FILING $34.00 GEN GENERAL GOVERNMENT -Total $12,272.13 AEP IPSO ELECTRIC USE $79,09 AT &T LONG DISTANCE PHONE $0.07 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $66.32 GEN HISTORICAL MUSEUM -Total LOGOTECH- SUPPLIES $145.48 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $6.66 JPMORGAN CHASE BANK WELLOK- REFUND ($75.00) TULSA EMERGENCY MEDICAL CENTER DRUG TESTING $820.00 GEN HUMAN RESOURCES -Total $751.66 CITY GARAGE LABORIOVERHEAD - MAY, 201 $86.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - APRIL, $35.75 GEN INFORMATION TECH • Total $121,75 CITY GARAGE LABORIOVERHEAD - MAY, 201 $78.42 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES- APRIL, $59.74 JPMORGAN CHASE BANK COT METERS - PARKING $1.40 JPMORGAN CHASE BANK LOGOTECH- SUPPLIES $233.50 JPMORGAN CHASE BANK MEETING EXPENSE $12.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $28.80 JPMORGAN CHASE BANK OWASSO CHAMBER -FEE $100.00 JPMORGAN CHASE BANK TULSA CHAMBER -FEE $1,350.00 TREASURER PETTY CASH AIRFARE REIMB -DUNN $416.27 GEN MANAGERIAL -Total $2,280.13 YOUTH SERVICES OF TULSA YOUTH COURT $4,125.00 GEN MUNICIPAL COURT -Total $4,125.00 AEPIPSO ELECTRIC USE $2,197.72 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - APRI $134.17 CITY GARAGE LABORIOVERHEAD - MAY, 201 $1,484.08 CITY GARAGE VEH PARTS PURCHASED - APR $320.91 CITY OF OWASSO WATER $2,240.00 CLEAN UNIFORM COMPANY PARKS STAFF UNIFORMS $13.83 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - APRIL, $581.30 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $51.97 JPMORGAN CHASE BANK CORNERSTONE -LIGHT $31.22 JPMORGAN CHASE BANK CORNERSTONE -PARTS $129.99 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $49.36 JPMORGAN CHASE BANK P &K -PARTS $69.19 OLEN MASINGALE PARK MOWING $885.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $59.56 3 Claims List - 5/21/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN PARKS -Total CNG FUEL PURCHASED - APRI $8,248.30 AEP IPSO ELECTRIC USE $278.40 DEPARTMENT OF PUBLIC SAFETY OLETS $350.00 JPMORGAN CHASE BANK APCO INTL- REFUND $1,756.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $21.98 JPMORGAN CHASE BANK SAMS- PRISON BOARD $27.54 JPMORGAN CHASE BANK SCOREBOARD- SUPPLIES $50.00 JPMORGAN CHASE BANK SOUTHERN RUBBER -NOTAR $48.90 JPMORGAN CHASE BANK WALMART- PRISON BOARD $45.94 JPMORGAN CHASE BANK WATERSTONE- CLEANING $80.85 RICH 8 CARTMILL, INC NOTARY BOND BALLOU $30.00 TREASURER PETTY CASH NOTARY FILING - BALLOU $10.00 TREASURER PETTY CASH NOTARY RENEW -MOORE $20.00 GEN POLICE COMMUNICATIONS -Total $2,719.61 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - APRI $456.67 CITY GARAGE LABORIOVERHEAD - MAY, 201 $2,995.83 CITY GARAGE VEH PARTS PURCHASED -APR $248.75 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - APRIL, $647.85 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $10.78 JPMORGAN CHASE BANK ATWOODS -TRASH GRABBER $39.80 JPMORGAN CHASE BANK BIG POPPYS- UNIFORM $880.00 JPMORGAN CHASE BANK BROWN CO -PPE $43.00 JPMORGAN CHASE BANK BUMP2BUMP- TESTING $190.96 JPMORGAN CHASE BANK LOWES -FIRST AID KITS $64.08 JPMORGAN CHASE BANK LOWES- SUPPLIES $51.02 JPMORGAN CHASE BANK QUALITY TIRE -TIRE $105.45 SPIRIT LANDSCAPE MANAGEMENT LLC MONTHLY LANDSCAPE $626.25 UNIFIRST HOLDINGS LP UNIFORM SERVICE $155.92 GEN STORMWATER -Total $6,516.36 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - APR[ $74.28 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $591.08 CLEAN UNIFORM COMPANY UNIFORM RENTAL FEES -APR $19.76 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - APRIL, $23.32 JPMORGAN CHASE BANK BEWLEY- SUPPLIES $47,72 JPMORGAN CHASE BANK FASTSIGNS -SIGN $13.00 JPMORGAN CHASE BANK LOCKE- REPAIR $40.29 JPMORGAN CHASE BANK LOCKE -SIGNS $44.47 JPMORGAN CHASE BANK LOWES - FASTENERS $45.75 JPMORGAN CHASE BANK LOWES- SUPPLIES $175.38 JPMORGAN CHASE BANK SUMNER -MAINT FEE $69.60 JPMORGAN CHASE BANK UPS - POSTAGE $11,75 C Claims_ List - 5/21/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN SUPPORT SERVICES •Total $1,156.40 AEP /PSO STREET LIGHTS $9.00 TREASURER PETTY CASH CC REFUND - BENAVIDES $100.00 TREASURER PETTY CASH CC REFUND - CRANDALL $100.00 TREASURER PETTY CASH CC REFUND - DRYWATER $50.00 TREASURER PETTY CASH CC REFUND- HUGGINS $50.00 TREASURER PETTY CASH CC REFUND -SMITH $50.00 TREASURER PETTY CASH CC REFUND -YORK $50.00 TREASURER PETTY CASH OC REFUND - BARROW $100.00 TREASURER PETTY CASH OC REFUND- HIGHTOWER $100.00 GENERAL -Total $609.00 GENERAL •Total $60,087.75 20 AMBULANCE SERVICE CITY GARAGE LABORIOVERHEAD - MAY, 201 $1,476.92 CITY GARAGE VEH PARTS PURCHASED -APR $428.89 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - APRIL, $2,718.19 JPMORGAN CHASE BANK EXCELLANCE- REPAIR $222.26 JPMORGAN CHASE BANK FULLERTON - SUPPLIES $1,538.50 JPMORGAN CHASE BANK GROVER -PARTS $50.00 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES $1,815.14 JPMORGAN CHASE BANK LOCKE- SUPPLIES $43.81 AMBULANCE -Total $8,293.71 TREASURER PETTY CASH SR AMB DISC - VAUGHN $20.40 AMBULANCE SERVICE -Total $20.40 AMBULANCE SERVICE -Total $8,314.11 21 E -911 JPMORGAN CHASE BANK ATT -E911 FEES $355.35 E911 COMMUNICATIONS -Total $355.35 E -911 -Total $355.35 25 HOTEL TAX JPMORGAN CHASE BANK OK CORR IND -SIGNS $207.90 HOTEL TAX • Total $207.90 AEP IPSO ELECTRIC USE $20.28 JPMORGAN CHASE BANK DELTA - AIRFARE $839.00 JPMORGAN CHASE BANK EXECUTIVE PULS - DATABA $742.50 JPMORGAN CHASE BANK GRT SOUTHERN -WEB ADM] $12,500.00 JPMORGAN CHASE BANK GRT SOUTHERN -WEB MAIN $500.00 JPMORGAN CHASE BANK MEETING EXPENSE $65.00 JPMORGAN CHASE BANK REGIONTRACK -FEE $5,000.00 JPMORGAN CHASE BANK TULSA CHAMBER -FEE $2,760.00 JPMORGAN CHASE BANK UNITED - AIRFARE $199.00 JPMORGAN CHASE BANK VISTAPRINT -TENT $692.26 JPMORGAN CHASE BANK WEIHAAS -WEB MAINT $1,200.00 5 Claims List - 5/21/2019 Fund Vendor Name Payable Description Payment Amount 25 HOTELTAX HOTEL TAX ECON DEV -Total $24,518.04 JPMORGAN CHASE BANK OK CORR IND -SIGNS $73.80 JPMORGAN CHASE BANK OK CORR IND -TRASH REC $888.00 OSNIGRANTS -Total JPMORGAN CHASE BANK $961.80 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $164.00 27 31 34 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - APRIL, $46.10 JPMORGAN CHASE BANK HOBBY LOBBY -FRAME $6.38 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $69.76 JPMORGAN CHASE BANK HOME DEPOT -TOOLS $362.91 JPMORGAN CHASE BANK MEETING EXPENSE $102.65 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $40.43 JPMORGAN CHASE BANK PIKEPASS -FEES $12.35 JPMORGAN CHASE BANK SAV ON- SUPPLIES $705.00 STRONG NEIGHBORHOODS -Total $1,509.58 HOTEL TAX - Total $27,197.32 STORMWATER MANAGEMENT MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - EL $1,563.80 ELM CREEK PARK -Total $1,563.80 AEP /PSO ELECTRIC USE $262.72 CLEAN UNIFORM COMPANY UNIFORM SERVICE $7,72 JPMORGAN CHASE BANK GREEN CO- TESTING $39150 JPMORGAN CHASE BANK RED WING -BOOTS $107.99 UNIFIRST HOLDINGS LP UNIFORM SERVICE $10,78 UNITED STATES CELLULAR PW CELL PHONES $35.33 CORPORATION STORMWATER - STORMWATER -Total $817.04 STORMWATER MANAGEMENT -Total $2,380.84 AMBULANCE CAPITAL TREASURER PETTY CASH SR AMB DISC - VAUGHN $3.60 AMBULANCE CAPITAL -Total $3.60 AMBULANCE CAPITAL -Total $3.60 VISION TAX BKL INCORPORATED ENGINEERING SERVICES - E $40,803.92 VSN RECAP 96TH/119-129TH -Total $40,803.92 GEORGE T WEDEL JR ROW /EASEMENT ACQUISITION $2,667.50 GUY ENGINEERING SERVICES INC ENGINEERING SERVICES - E $1,320.00 MICHAEL S WEDEL ROW ACQUISITION $3,748.80 VSN RECAP GARNETT TO 129 -Total $7,736.30 SEVEN C'S ENTERPRISES, INC ROW CONSULTING SERVICES - $9,750.00 VICKY MCNEELY ROW ACQUISITION $8,699.90 VSN RECAP MINGO TO GARNET -Total $18,449.90 VISION TAX -Total $66,990.12 Claims List - 5121/2019 Fund Vendor Name Payable Description Payment Amount 36 CAPITAL IMPROV GRANTS BUILDERS UNLIMITED REDBUD FESTIVAL PARK - VI $329,123.83 VSN 2025 FESTIVAL PARK -Total $329,123.83 CAPITAL IMPROV GRANTS -Total $329,123.83 37 SALES TAX FIRE AEP /PSO ELECTRIC USE $3,479.32 AT &T LONG DISTANCE PHONE $0.68 CITY GARAGE LABORIOVERHEAD - MAY, 201 $2,459.08 CITY GARAGE VEH PARTS PURCHASED - APR $1,728.32 CITY OF OWASSO WATER $245.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - APRIL, $3,259.41 JPMORGAN CHASE BANK AMERICAN -FEE $93.52 JPMORGAN CHASE BANK AMERICAN -FEES $60.00 JPMORGAN CHASE BANK AMERICAN- REFUND ($915.00) JPMORGAN CHASE BANK CORNERSTONE -TOOLS $18.99 JPMORGAN CHASE BANK COTYTECH- MOUNTS $554.58 JPMORGAN CHASE BANK COYSON -AC /BRAKES $5,360.00 JPMORGAN CHASE BANK ENTERPRISE- RENTAL $266.06 JPMORGAN CHASE BANK EQUIP ONE - REPAIR $58.90 JPMORGAN CHASE BANK FAM ANIMAL MED -K9 SUP $46.78 JPMORGAN CHASE BANK KUM &GO -FUEL $25.01 JPMORGAN CHASE BANK LOCKE - BALLAST $190.50 JPMORGAN CHASE BANK LOCKE -BULB $42.77 JPMORGAN CHASE BANK LODGING EXPENSE $5,060.10 JPMORGAN CHASE BANK LOWES -ST 4 SUPPLIES $32.46 JPMORGAN CHASE BANK LOWES- SUPPLIES $15.96 JPMORGAN CHASE BANK MINERVA- REPAIR $255.75 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $65.98 JPMORGAN CHASE BANK OREILLY -BRAKE LIGHT $21.30 JPMORGAN CHASE BANK OREILLY -DEF FLUID $14.99 JPMORGAN CHASE BANK PIKEPASS -FEES $14.10 JPMORGAN CHASE BANK STANARD SPLY- REPAIR $9,89 JPMORGAN CHASE BANK SUPPLYWORKS - SUPPLIES $277.66 JPMORGAN CHASE BANK TRAVEL EXPENSE $57.57 JPMORGAN CHASE BANK UBER -FEE $150.64 JPMORGAN CHASE BANK UNITED -FEE $30.00 JPMORGAN CHASE BANK W &B SVC -AC $837.12 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $601.22 STEPHEN R GRINTER REPAIR ICE MACHINE $90.00 SALES TAX FUND -FIRE -Total $24,508.66 SALES TAX FIRE - Total $24,508.66 38 SALES TAX POLICE AEP /PSO ELECTRIC USE $3,791,42 AT &T LONG DISTANCE PHONE $40.52 7 Claims List - 5/21/2019 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED -APRI $13.37 CITY GARAGE LABOR /OVERHEAD - MAY, 201 $11,745.67 CITY GARAGE VEH PARTS PURCHASED - APR $5,427.07 CONNECTIONS IT INC WINDSHIELD ID TAG $356.00 FELKINS ENTERPRISES, LLC RECORDS CARDS $60.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - APRIL, $9,197.36 JPMORGAN CHASE BANK ACADEMY - SUPPLIES $74,97 JPMORGAN CHASE BANK AMAZON- SUPPLIES $367.41 JPMORGAN CHASE BANK AMAZON -TOOLS $669.96 JPMORGAN CHASE BANK AMER WASTE- RENTAL $109.54 JPMORGAN CHASE BANK AT YR SVC- RENTAL $80.00 JPMORGAN CHASE BANK BANGGOOD -TOOLS $81.59 JPMORGAN CHASE BANK BROWNELLS- SUPPLIES $118.10 JPMORGAN CHASE BANK DOLLAR GENERAL - SUPPLI $5.00 JPMORGAN CHASE BANK ELITE K9- UNIFORM $109.95 JPMORGAN CHASE BANK FAM ANIMAL MED -MED $329.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $38.84 JPMORGAN CHASE BANK NTOA- REFUND ($740.00) JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $98.96 JPMORGAN CHASE BANK OFFICE DEPOT -TOOLS $299.98 JPMORGAN CHASE BANK SAMS - SUPPLIES $287,36 JPMORGAN CHASE BANK SHREDDERS- SERVICES $37.20 JPMORGAN CHASE BANK ULINE -TOOLS $1,093.67 JPMORGAN CHASE BANK UPS - SHIPPING $54.85 JPMORGAN CHASE BANK WALMART- SUPPLIES $13.31 JPMORGAN CHASE BANK WATERSTONE- CLEANING $1,565.30 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $374.27 PROMOS 911 INC PROP $149.51 ROBERT SHAWN ROBERSON EXAMINATION /P &T $2,200.00 SOME'S UNIFORMS INC AWARDS & RECOGNITION $1,605.00 SPECIAL OPS UNIFORMS, INC UNIFORM ITEMS $113,29 SUMNERONE INC COPIER LEASE $534.47 SALES TAX FUND - POLICE -Total $40,302.94 SALES TAX POLICE -Total $40,302.94 39 SALES TAX STREETS AEP IPSO ELECTRIC USE $1,82148 AEP IPSO STREET LIGHTS $6,869.21 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - APRI $329.71 CITY GARAGE LABORIOVERHEAD - MAY, 201 $3,975.25 CITY GARAGE VEH PARTS PURCHASED -APR $1,070.70 CLEAN UNIFORM COMPANY UNIFORM SERVICE $390.91 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - APRIL, $1,593.01 1.1 Claims Ls_t - 5/21/2019 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS JPMORGAN CHASE BANK ATWOODS -BOOTS $155.57 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $1.07 JPMORGAN CHASE BANK BROWN CO -HOSE $45.00 JPMORGAN CHASE BANK BROWN CO -PPE $43.00 JPMORGAN CHASE BANK BROWN FARMS -GRASS $12.00 JPMORGAN CHASE BANK DUNHAMS- ASPHALT $47.94 JPMORGAN CHASE BANK HOME DEPOT -TOOLS $10.98 JPMORGAN CHASE BANK LOCKE- REPAIR $26.67 JPMORGAN CHASE BANK LOWES -HARD HAT $17.48 JPMORGAN CHASE BANK LOWES -KEY $15.73 JPMORGAN CHASE BANK LOWES- RETURN ($24.95) JPMORGAN CHASE BANK LOWES- SCREWS $37,98 JPMORGAN CHASE BANK LOWES- SUPPLIES $59.86 JPMORGAN CHASE BANK NORTHERN SAFETY -TESTI $429.66 JPMORGAN CHASE BANK OREILLY -CORDS $10,99 JPMORGAN CHASE BANK OREILLY- SUPPLIES $23.47 JPMORGAN CHASE BANK REDWING -BOOTS $170.00 JPMORGAN CHASE BANK REXEL -DOORS $248.56 JPMORGAN CHASE BANK TWIN CITIES- CONCRETE $4,723.77 PINKLEY SALES SATELLITE TIME CLOCKS FOR $4,644.00 TULSA ASPHALT, LLC ASPHALT FOR STREETS & WAT $265.08 TULSA COUNTY HIGHWAY SIGNS $23.40 CONSTRUCTION TWIN CITIES READY MIX, INC CON $94.00 TWIN CITIES READY MIX, INC CONCRETE $139.50 UNIFIRST HOLDINGS LP UNIFORM SERVICE $182.99 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $79,77 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $6.60 VOSS ELECTRIC CO LED BULBS $358.98 WELSCO, INC. OXYGEN / ACETELYNE GAS FO $11.90 SALES TAX FUND-STREETS -Total $27,913,27 SALES TAX STREETS - Total $27,913.27 40 CAPITAL IMPROVEMENTS GARVER ENGINEERING SERVICES AGRE $13,025.75 CIP 106 /129 INTERSECT IMP -Total $13,025.75 CHARLES JASON WAUGH STATION 4 TVS $24,118.00 JAHNKE & SONS CONSTRUCTION, INC FIRE LINING SYSTEM $22,383.60 JPMORGAN CHASE BANK HOME DEPOT- FURNITURE $589.34 JPMORGAN CHASE BANK LIBERTY -FLAG CABLE $46.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $23.44 JPMORGAN CHASE BANK NAMEPLATES- FURNITURE $64.00 JPMORGAN CHASE BANK WALMART- SUPPLIES $90.70 9 Claims List - 5121/2019 Fund Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS WILLIAMS, SPURGEON, KUHL & PART 11 PROF SERVICES $1,672.03 WILLIAMS, SPURGEON, KUHL & PART III PROF SERVICES $17,019.68 CIP FIRE STATION #4 -Total $66,006.79 POE, LTD PROFESSIONAL SERVICES $2,21120 CIP GARN RD WIDE 106.116 -Total $2,213.20 MESHEK & ASSOCIATES, P.L.C. DESIGN ENGINEERING $4,100.00 CIP RAYOLAITR1B 5A STRWTR -Total $4,100.00 GRADE LINE CONSTRUCTION CONSTRUCTION SERVICES - 1 $99,491.66 SVC RD INTERS 137TH E AVE -Total $99,491.66 CAPITAL IMPROVEMENTS -Total $184,637.40 70 CITY GARAGE AEP /PSO ELECTRIC USE $33333 CLEAN UNIFORM COMPANY UNIFORM RENTAL FEES -APR $116.96 JPMORGAN CHASE BANK ALLDATA- SUBSCRIPTION $125.00 JPMORGAN CHASE BANK AMAZON -PARTS $35.31 JPMORGAN CHASE BANK ARCADIAN - ANTENNAS $291.35 JPMORGAN CHASE BANK B &M -PARTS $506.00 JPMORGAN CHASE BANK BUMP213UMP -PARTS $1,372.77 JPMORGAN CHASE BANK ETRAILER CO -PARTS $123.12 JPMORGAN CHASE BANK HESSELBEIN -TIRES $304.24 JPMORGAN CHASE BANK LAWSON - SUPPLIES $29.33 JPMORGAN CHASE BANK LAWSON- SUPPLIES $291.83 JPMORGAN CHASE BANK LENOX- TOWING $85.00 JPMORGAN CHASE BANK NAPA -PARTS $137.38 JPMORGAN CHASE BANK QUALITY PETROL -PARTS $140.00 JPMORGAN CHASE BANK SUMMIT -PARTS $156.16 JPMORGAN CHASE BANK TULSA AUTO - SPRINGS $1,002.14 JPMORGAN CHASE BANK YELLOWHOUSE -PARTS $40.67 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $153.59 CITY GARAGE -Total $5,244.18 CITY GARAGE -Total $5,244.18 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $4,034.37 UNITED SAFETY & CLAIMS INC UNITED SAFETY CLAIMS $1,658.33 WORKERS' COMP SELF -INS - Total $5,692.70 WORKERS' COMP SELF -INS - Total $5,692.70 77 GENERAL LIABILITY - PROPERT DOERNER, SAUNDERS, DANIEL & CONDEMNATION ACTIONS $4,733.64 DOERNER, SAUNDERS, DANIEL & TULSA COUNTY BOARD OF ADJ $6,860.10 JPMORGAN CHASE BANK FOSTERS - REPAIR $10,744.19 JPMORGAN CHASE BANK FOSTERS -TORT CLAIM $1,192.85 JPMORGAN CHASE BANK PRUITTS- REPAIR $2,612.52 GEN LIAB -PROP SELF INS -Total $26,143.30 10 Claims List - 5/21/2019 Fund Vendor Name Payable Description Payment Amount 77 GENERAL LIABILITY - PROPERT - Total $26,143.30 City Grand Total _. $809.995.37 11 �V REAL Peoplo • REAL CM1aracbr • RFAL Commonly TO: The Honorable Mayor and City Council FROM: Karl Fritschen, MRCP, AICP, RLA Planning Manager SUBJECT: Community Development Block Grant (CDBG) Required Amendment to the Tulsa County CDBG Urban County Cooperation Agreement for Requalification DATE: May 17, 2019 BACKGROUND: Since 2008, the City of Owasso has been a member of the Tulsa County CDBG Urban County as defined by the Department of Housing and Urban Development (HUD). As the lead entity for the Tulsa County CDBG Urban County, it is time for Tulsa County to initiate the process to seek re- qualification with HUD, to receive CDBG funds as an Urban County for the period of FY 2020 -2022. In the past, receiving entities within the Urban County submitted cooperation agreements that essentially committed each receiving entity to utilize the funds for the approved projects stated in their CDBG applications. These agreements contained automatic renewal provisions, so it was not necessary to seek new agreements for each requalificafion period. REQUIRED AMENDMENT: HUD has imposed a new requirement that existing Cooperation Agreements with automatic renewal provisions also contain a new provision that states units of general local government located within an urban county are prohibited from the "sale, trade or otherwise transfer of CDBG funds for unrestricted local funds ". The Indian Nations Council of Governments ( INCOG) has asked all eleven participating members, including Owasso, to execute the Amendment to the Tulsa County Urban County CDBG program Cooperation Agreement, incorporating the new provision. This amendment will then be forwarded to the Tulsa County Board of County Commissioners for the Chairman's signature. RECOMMENDATION: Staff recommends authorization for the Mayor to execute the Amendment to the Tulsa County Urban County Community Development Block Grant Program Cooperation Agreement. ATTACHMENTS: Contract /Agreement Amendment Memo from INCOG AMENDMENT TO THE TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATION AGREEMENT A Cooperation Agreement between the City of Owasso, Oklahoma and the Board of County Commissioners of Tulsa County, Oklahoma, entered into the gth day of July 2007, for the purpose of participating in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2008 -2010 and containing an Automatic Renewal Provision for subsequent Federal Fiscal Years, is hereby Amended beginning with the 2020- 2022 Qualification Period, to wit: IX. TRANSFER OF CDBG FUNDS PROHIBITED A unit of general local government may not sell, trade, or otherwise transfer all or any portion of such CDBG funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non - Federal considerations, but must use such funds for activities eligible under Title 1 of the Act. IN WITNESS WHEREOF, the parties hereto have caused this Cooperation Agreement to be Amended by their respective and duly authorized officers. CITY OF OWASSO, OKLAHOMA Chris Kelley, Mayor ATTEST Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA Chairman ATTEST: County Clerk APPROVED AS TO FORM: Assistant District Attorney .JUL 0 9 2007 COOPERATION AGREEMENT A COOPERATION AGREEMENT BETWEEN THE CITY OF OWASSO, OKLAHOMA AND THE BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA, FOR THE PURPOSE OF PARTICIPATION IN THE TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FEDERAL FISCAL YEARS 2008 -2010 This Cooperation Agreement ( "Agreement) for Community Development Block Grant ( "CDBG ") funds is made and entered into this /7 day dui e , 2007, by and between Tulsa County ( "COUNTY"), and the City of Owasso ( "CITY "). WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93 -383 et seq.), (the "Act "), provides that Community Development Block Grant, ( "CDBG "), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and, N O WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a _-j N total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, the COUNTY meets this threshold and has requested of the United States Department of Housing and Urban Development,(" HUD"), that the COUNTY be designated as an "urban county" as set forth in the Act; and WHEREAS, the COUNTY has complied with all requirements for Counties seeking urban county entitlement status under the CDBG program; and WHEREAS, Section 1008 of Title 74 of the Oklahoma Interlocal Cooperation Act permits local units of government to contract with other localities to perform any service or activity for which they are authorized to perform by law and to cooperate with other localities on a basis of mutual advantage; and Cooperation Agreement 1 FY 2008 - 2010 WHEREAS, the CITY desires to participate with the COUNTY in the urban county CDBG program; and WHEREAS, the COUNTY shall act in a representative capacity for all participating units of general local government and shall assume overall responsibility for ensuring that the urban county CDBG Program is carried out in compliance with federal rules, regulations and requirements of the CDBG Program, including requirements for a Consolidated Plan; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement for the aforesaid public purpose and undertaking. NOW, THEREFORE, the parties identified below mutually agree as follows: L PURPOSE The COUNTY and CITY agree that the purpose of this Agreement is to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, funded from annual CDBG Program appropriations for the federal fiscal years for which the COUNTY qualifies for entitlement as an urban county and from any program income generated from the expenditure of such funds. II. TERM OF AGREEMENT The term of this Agreement shall be the COUNTY CDBG Urban County qualification period of the federal fiscal years 2008 -2010, commencing on August 1, 2008, and ending on July 31, 2011, unless an earlier date of termination is fixed by HUD, pursuant to the Act. Notwithstanding the above, if there are activities undertaken pursuant to this Agreement that are not yet completed or funded, then for the purpose of those activities only, this AGREEMENT shall remain in effect until all CDBG funds received pursuant to this AGREEMENT, and any program income received with respect to activities carried out pursuant to this AGREEMENT are expended, and the funded activities are completed. Cooperation Agreement 2 FY 2008 -2010 III. NOTIFICATION OF ELIGIBILITY The CITY represents that the COUNTY has notified the CITY, in writing, of its intention to seek qualification for CDBG Program funding as an urban county; and that such notification advised the City: A. That the CITY was eligible to elect to have its population excluded from that of the urban county for the purposes of the CDBG Program; and B. That the CITY's election or failure to make an election shall be effective for the full three year period for which the COUNTY qualifies to receive a CDBG Program entitlement as an urban county, and C. That the CITY, in becoming part of the urban county, would not be eligible to apply for grants under the HUD - Administered Small Cities or State CDBG programs while the CITY is a part of the urban county; and D. That the CITY, through separate agreement, participates in the HOME Program through the Tulsa County HOME Consortium, although this does not preclude the urban county or a unit of local government within the urban county from applying for State HOME funds to the extent allowable by the State IV. PERIOD OF QUALIFICATION A. The COUNTY and CITY acknowledge that the COUNTY s qualification by HUD as an urban county shall remain effective for three (3) consecutive Federal Fiscal years 2008 -2010, regardless of changes in its population or boundary or population changes in any communities contained within the urban county during that period, except as otherwise provided by 24 C.F.R. Part 570.307(f). B. The COUNTY and CITY acknowledge that, for grant calculation purposes, during the period of urban county qualification, the CITY, as an included unit of general local government, may not withdraw from the urban county unless the COUNTY does not receive a grant for any year during such period of qualification. V. AUTOMATIC RENEWAL PROVISION A. The COUNTY and CITY agree that this agreement will renew automatically at the end of each three -year qualification period, unless the COUNTY or the participating unit Cooperation Agreement 3 FY 2005 -2010 of general local government provides written notice it elects not to participate in a new qualification period. B. By the date specified in HUD's Urban County Qualification Notice for the next qualification period, the urban county will notify the participating unit of general local government in writing of its right not to participate. C. The COUNTY and CITY agree: 1. To adopt any amendment(s) to this Agreement incorporating changes that are necessary to meet HUD requirements for cooperation agreements set forth in any future Urban County Qualification Notice(s) that apply to a subsequent three -year urban county qualification period; and 2. To submit such amendment(s) to HUD as provided in the applicable Urban County Qualification Notice; and 3. That failure to comply with these requirements shall void the automatic renewal for such qualification period. VI. DISTRIBUTION OF FUNDS A. The COUNTY and CITY agree, for each fiscal year covered by this AGREEMENT, CDBG funds will be allocated by the COUNTY to CITY in an amount greater than the amount that CITY would have received if it had retained its status as a Small City as identified by the Oklahoma Department of Commerce, if so designated. B. Notwithstanding the above, in no event shall the COUNTY be obligated to distribute more funds to CITY under this AGREEMENT than the COUNTY receives during the three -year agreement period. C. CITY may contract with other entities to perform CDBG- eligible activities, confirmed with a written contract that contains provisions specified in the CDBG Regulations at 24 CFR 570. VII. REQUIRED ACTIONS The COUNTY and CITY agree to take all required actions necessary to assure compliance with the COUNTY's urban county certification required by Section 904(b) of Cooperation Agreement 4 FY 2008 -2010 Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, as amended, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, and all other applicable laws. VIII. FAIR HOUSING ACTIVITIES A. The COUNTY and CITY acknowledge and agree that the COUNTY and CITY are required to take steps to affirmatively further fair housing. B. The COUNTY and CITY acknowledge and agree that urban county CDBG Program funding shall not be permitted or made available for activities in or in support of the CITY if it is determined that the CITY does not affirmatively further fair housing within its own jurisdiction or impedes the COUNTY's actions to comply with its fair housing certification. IX. CIVIL RIGHTS POLICIES The COUNTY and CITY acknowledge and represent to the other that they have adopted and are enforcing the following policies: A. A policy prohibiting the use of excessive force by law enforcement agencies within their respective jurisdictions against any individuals engaged in non - violent civil rights demonstrations; and B. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within the jurisdiction. X. REQUIREMENTS APPLICABLE TO SUBRECIPIENTS The COUNTY and CITY acknowledge and agree that, pursuant to 24 C.F.R. 570.501(b), the CITY shall be subject to the same requirements applicable to subrecipients, including the requirement for a written agreement as set forth in 24 CFR 570.503. Cooperation Agreement 5 FY 2008 -2010 XI. CONSOLIDATED PLAN A. The COUNTY and CITY acknowledge and understand that a Consolidated Plan including a comprehensive affordable housing strategy is required of the COUNTY, as an urban county, and that the Consolidated Plan must be submitted to and approved by HUD. B. The COUNTY and CITY agree that neither party, during the period covered by this Agreement, shall obstruct the implementation of the Consolidated Plan as approved by HUD. XII DURATION OF AGREEMENT A. The COUNTY and CITY acknowledge that this Agreement shall remain in full force and effect for the period beginning with Federal Fiscal Year 2008 until CDBG Program and HOME Program funds and program income received with respect to activities carried out during the three -year qualification period, and any successive periods thereafter, are expended and the funded activities are completed. B. The COUNTY and CITY agree that for the duration of each urban county qualification period covered by this Agreement, neither party may terminate, cancel, withdraw from, or, in any way, impair this Agreement. XIII. LEGAL AUTHORITY The COUNTY represents that counsel for the COUNTY has reviewed the terms and provisions of this Agreement, and amendments thereto, and that said counsel has determined that the terms and provisions of this Agreement are fully authorized under State law, as provided by 0.S Title 74 Section 1008, as well as local law, and that the Agreement provides full legal authority for the COUNTY to undertake, or assist in undertaking, essential community development and housing assistance activities, consistent with the CDBG Program. IN WITNESS WHEREOF, the parties hereto have caused this Cooperation Agreement to be executed by their respective and duly authorized officers. Cooperation Agreement 6 FY 2008 -2010 CITY OF OWASSO, OKLAHOMA - ;t�.,4.� Gti1 �7CPiiGU1 City t�arrieys9'' ° °, !�„ •t1 A N Ott „��` ATTESTi EST= 1 _ Q� - / 6 RD OF COUNTY COMMISSIONERS OF ULSA C UNTY, OKLAHOMA Chairman Cooperation Agreement 7 FY 2008 -2010 Bella, Mayor ° ° °1CITY ,0111;"-.,,, Steve .............. el ATTEST �U .7c o ��, r�•1 �vl f��SEAL /c,; ,���� G City Clerk ; (�ccw�� '401('AK010' APPROVED AS TO FORM: - ;t�.,4.� Gti1 �7CPiiGU1 City t�arrieys9'' ° °, !�„ •t1 A N Ott „��` ATTESTi EST= 1 _ Q� - / 6 RD OF COUNTY COMMISSIONERS OF ULSA C UNTY, OKLAHOMA Chairman Cooperation Agreement 7 FY 2008 -2010 STATEMENT OF THE DISTRICT ATTORNEY I do hereby certify that the terms and provisions of the Urban County Cooperation Agreement are fully authorized under state and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking community development and housing assistance activities for the CDBG Program. Approved: tJ sista District tto iey �i o Date of Approval Cooperation Agreement 8 FY 2008 -2010 i' ! 9 C O G a voluntary association of local governments serving Creek, Osage, Rogers, Tulsa and Wagoner Counties 2 West 2nd Street, Suite 800 Tulsa, Oklahoma 74103 -3123 918.584.7526 www.incog.org MEMORANDUM TO: Owasso City Council FROM: Claudia Brierre DATE: May 1, 2019 RE: REQUIRED AMENDMENT TO TULSA COUNTY CDBG URBAN COUNTY COOPERATION AGREEMENT FOR REQUALIFICATION PERIOD OF FISCAL YEARS 2020 -2022 The City of Owasso has been a member of the Tulsa County CDBG Urban County since the Urban County was formed in 2088. As the lead entity for the Tulsa County CDBG Urban County, it is time for Tulsa County to initiate the process to seek re- qualification with the Department of Housing and Urban Development (HUD) to receive Community Development Block Grant (CDBG) funds as an Urban County for the period of FY2020 -2022. Tulsa County first attained urban county status for the qualification period FY2008 -2010, so we are in our fifth requalification period. The CDBG Program provides federal funds to eligible units of local governments to address community development needs. CDBG regulations permit counties who meet the threshold of a total combined population of 200,000 or more (excluding metropolitan cities) to qualify as an urban county to receive a direct federal allocation of CDBG funds. The qualification period is for a renewable three -year period. Owasso and nine other Tulsa County jurisdictions participate as members of the Tulsa County Urban County. The City of Tulsa is not a member. For your reference, I have attached the Cooperation Agreement executed by the City of Owasso in 2007. The Cooperation Agreement contains an automatic renewal provision, so we do not need to seek a new agreement each requalification period. However, for this requalification period, HUD has imposed a new requirement that existing Cooperation Agreements with automatic renewal provisions also contain a provision that units of general local government located within an urban county are prohibited from the "sale, trade or otherwise transfer CDBG funds for unrestricted local funds ". This is not a practice that the Tulsa County Urban County members engage in, but the Cooperation Agreement must be amended to contain this provision. The Amendment approved and signed by the District Attorney's office is attached. All eleven participating members must sign the amendment, so individualized amendments will be executed by the respective member. Please place approval of this Amendment on your next Council agenda, as Requalification documents are due to HUD by mid -June. Please let me know if you would like to meet in person to review this or if I can answer any questions over the phone. I would request that the form be signed and returned to me by June 7d', if possible. Attachments REAL Poaple • REAL C�amcbr • ftEAL Communlry TO: The Honorable Mayor and City Council FROM: Karl A. Fritschen AICP, RLA Planning Manager SUBJECT: Official Base Zoning Map Scrivener's Error - 102 West 11 th Street North DATE: May 17, 2019 BACKGROUND: In November 2018, the Official Base Zoning Map of Owasso was adopted by the City Council under Ordinance 1138. The new base zoning map intended to eliminate discrepancies that were noticed with the previous zoning map. Recently, it was brought to staff's attention that a lot located at 102 West l lth Street North (further described as Lot 1, Block 1, Sherrill Estates) is zoned Office Light (OL) rather than Residential Single Family (RS -3) as the new zoning map indicates. This property lies within the Sherrill Estates subdivision at the very far northeast comer, and the property owner intends to operate a small mortgage business in the existing structure. After staff was made aware of this discrepancy, research was conducted that identified Ordinance 905, approved by City Council in 2007, which rezoned the property to OL. In preparing the recently adopted Official Base Zoning Map of Owasso, staff utilized several resources in order to make the determination as to the correct zoning on the subject property, which included reviewing current and previously adopted land use plans. The subject lot was shown to be residential in all of the previous adopted land use plans, including the most current 2030 GrOwasso Land Use Master Plan. Therefore, staff determined this property should have a zoning designation of RS -3. However, the property had been rezoned to OL and should be identified as such. As the new Zoning Code does not recognize OL as a zoning district, Office (0) is the zoning designation that should be applied to the property at this time. RECOMMENDATION: Staff recommends amending Ordinance 1138 to correct the scrivener's error by attaching the correct zoning map showing the property located at 102 West 11th Street North as Office (0) zoning. ATTACHMENTS: Current Zoning Map Ordinance 905 Ordinance 1138— Amended with corrected Base Zoning Map Zoning Map Scriveners Error, 102 West 11th Street 5.2.19 Tulsa County Clerk- EARLENE WILSON Doc # 2007118168 Pages 1 Receipt# 951753 10/19/07 16:29:01 Fee 13.00 �A� 4M CITY OF OWASSO ORDINANCE NO. 905 W000951753001W AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -07 -06 CHANGING THE ZONING OF PROPERTY LOCATED ON A TRACT OF LAND THAT IS LOCATED AT 102 WEST 11"' STREET NORTH, FROM RS -3 (RESIDENTIAL SINGLE- FAMELY) TO OL (OFFICE LIGHT DISTRICT), AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ- 07-06. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. The zoning classification of the following described property, to wit: LOT 1, BLOCK 1, SHERRILL ESTATES, ALSO KNOW AS 102 WEST II'" STREET NORTH is hereby changed from RS -3 (Residential Single- Family) to OL (Office Light District) Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. �G\jlf OF 0 �L9 � N ~ O orr• rcr.4r. SEAL Sherry BisI65p, City APPROVED AS TO FORM: - j2hj JuJfe lombardi, City Attorney APPROVED this 4"' day of October, 2007. Stephen Cataudella, Mayor 04AH00 OZ o4 -u N Date: 4/29/2019 Feet I 150 300\ -J- CITY OF OWASSO, OKLAHOMA ORDINANCE 1138 - AMENDED AN ORDINANCE ADOPTING THE OFFICIAL ZONING MAP FOR THE CITY OF OWASSO AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, Title 11, Oklahoma Statutes, Section 43 -101 et seq. empowers the City to engage in Comprehensive Planning and Zoning and to enact suitable ordinances carrying out the purposes of said acts; and WHEREAS, The Owasso City Council deems it necessary for promoting the health, safety and general welfare of the community to enact ordinances regulating the use of land, buildings, sites, and structures within Owasso and amend such regulations as needed. WHEREAS, The Owasso Planning Commission held a Public Hearing on October 8, 2018 and the City Council held a Public Hearing on October 16, 2018 in an effort to receive citizen comments regarding a proposed Official Base Zoning Map of Owasso. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT: SECTION 1. A base zoning map shall be adopted to be used in conjunction with the Land Use Master Plan in evaluating various development applications received by the City of Owasso. The amended map shall be made a part of this ordinance and shall be designated as the Official Zoning Map for Owasso, Oklahoma. SECTION 2. All ordinances or parts of ordinances, and official zoning maps in conflict with this ordinance are repealed to the extent of the conflict only. SECTION 3. 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 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 5. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and corrected map. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: PASSED AND APPROVED this 21s day of May, 2019 Chris Kelley, Mayor Julie Lombardi, City Attorney Ordinance 1138 - Amended Page 1 of 2 Section of Amended Official Zoning Map Showing Correction YT Ordinance 1138 -Amended Page 2 of 2 C CG sd REAL People • 0.EAL CM1aracler •REAL Community TO: The Honorable Mayor and City Council FROM: Scott Chambless Chief of Police SUBJECT: Country Financial Donation DATE: May 17, 2019 BACKGROUND: On May 10, 2019, Country Financial insurance company donated $1,500 to the Owasso Police Department. Country Financial has several offices in the Tulsa metro area and stated that the donation is their company's effort to give back to the community. The funds will be utilized to buy equipment to support department operations. RECOMMENDATION: Staff recommends acceptance of the donation from Country Financial and approval of a budget amendment in the General Fund, increasing the estimated revenue and the appropriation for expenditures in the Police Department by $1,500. sd REAL Paeple • PEAL CAarader RFAL Commonly TO: The Honorable Mayor and City Council FROM: Linda Jones, Finance Director SUBJECT: FY 2019 -2020 Budget Public Hearing DATE: May 17, 2019 BACKGROUND: The Municipal Budget Act establishes definitions and other requirements for budgetary accounting. Among the requirements is a public hearing by the governing body of the proposed budget. The hearing is to be conducted no later than fifteen days before the end of the fiscal year. Notice of the hearing with the proposed Budget Summary must be published five days before the hearing. The attached notice was published in the Owasso Reporter on Wednesday, May 15, 2019. The public hearing provides an opportunity for comments o budget from the public and the City Council. The proposed Session agenda for Council discussion. A resolution approving on the June 18, 2019, agenda. ATTACHMENT: Notice of Public Hearing r questions about the proposed budget will be on the next Work the FY 2019 -2020 budget will be Notice of Public Hearing Owasso City Council will hold a public hearing on the proposed FY 2020 budget during the City Council meeting at 6:30 on May 21, 2019 in the Council Chambers at Old Central, 109 N. Birch. The proposed budget is available for inspection at City Hall, the Owasso Library and www.cRyofowasso.com City of Owosso - Proposed Budget Summary Fiscal Year 2019 -2020 Revenue by Fund 8 Source Expenditure by Fund & Department General Fund- General Fund- - Taxes $29,562,847 Municipal Court $ 308,964 Licenses & Permits 196,676 Managerial 838,916 Intergovernmental 1,717,186 Finance 884,517 Charges & Fees 799,871 Human Resources 499,026 Fines & Forfeitures 333,843 General Government 485,100 Other 180,741 Information Technology 956,036 Interfund Transfers in 17,255,727 Support Services 437,314 Half -Penny Sales Tax Fund -- Community Development 839,742 Taxes 4,363,441 Police Services 6,253,053 Other 89,718 Police Communications 1,190,567 Ambulance Service Fund -- Animal Control 203,625 Charges & Fees 1,839,928 Fire Services 6,011,749 Other 2,382 Emergency Preparedness 131,100 Ambulance Capital Fund -- Engineering 858,991 Charges & Fees 334,081 Streets 1.241,098 Other 6,282 Stormwater 612,435 E -911 Fund- Cemetery 105,518 Charges & Fees 288,884 Parks 623,147 Other 4,280 Recreation and Culture 453,738 Cemetery Care Fund -- Community Center 304,950 Charges & Fees 800 Historical Museum 33,224 Other 53 Economic Development 164,338 Emergency Siren Fund -- Half -Penny Sales Tax Fund- - Licenses & Permits 51000 Police Services 1,636,215 Other 483 Fire Services 1,019,647 Juvenile Court Fund -- Streets 1,360,012 Fines & Forfeitures 1,856 Vision Tax Fund- 6,540,000 Other 456 Ambulance Service Fund -- 1,838,877 Hotel Tax Fund -- Ambulance Capital Fund- 230,000 Taxes 480,615 E -911 Fund -- 297,200 Other 18,773 Cemetery Care Fund -- 1,850 Stormwater Management Fund -- Emergency Siren Fund -- 10,000 Charges & Fees 1,328,504 Juvenile Court Fund- 10,000 Other 32,031 Hotel Tax Fund- - Tax Incremental Financing Economic Development 160,381 Sales Tax 147,054 Strong Neighborhood 186,978 Ad Valorem Tax 158,498 Stormwater Management Fund -- 1,775,603 Other 228 Park Development Fund -- 195,000 Vision Tax Fund -- Capital Improvements Grants Fund -- 138,377 Taxes 4,799,785 Capital Improvements Fund -- 6,984,706 Other 85,100 City Garage Fund -- 559,558 Park Development Fund -- Self - Insurance Fund- - Licenses & Permits 80,000 Workers' Comp 622,000 Other 87,076 Gen Prop Job 385,000 Capital Improvement Grants Fund- Healthcare 6,172,520 Intergovernmental 138,377 Subtotal Expenditures 53,561,072 Capital Improvements Fund - Other 1,588,764 I nterfund Transfers In 4,567,763 Interfund Transfers Out- - City Garage Fund -- General Fund Transfer to OPWA 26,033,590 Charges & Fees 621,417 General Fund Transfer to OPGA 881,573 Self - Insurance Fund -- 11F Transfer to OPWA 305,780 Charges & Fees 7.165,866 Sinking Fund Transfer to Self -I nsuronce Fund 50,000 Other 46,281 Total Expenditures and Transfers $ 80,832,015 I nterfund Transfers In 50,000 Sinking Fund -- Taxes 50,000 Other 44 Total Revenues $ 78,430,709 sn REAL People •REAL CAaracler• REAL COmmunily TO: The Honorable Mayor and City Council FROM: Teresa Willson Information Technology Director SUBJECT: Capital Improvements Project Eligibility Public Hearing DATE: May 17, 2019 EXECUTIVE SUMMARY: The City Council conducts a public hearing regarding any project being considered for the list of projects eligible for funding from the Capital Improvement Fund. The projects being considered at this time are 5K Heart Healthy Trail, and Funtastic Island renovations and Splash Pad. BACKGROUND: The Capital Improvements Committee conducted a public meeting on April 23, 2019, to consider a proposed amendment to the list of eligible Capital Improvement Fund projects. As per the resolution defined procedures, the City Council conducts a public hearing to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee. Notice of the public hearing must be made no less than five days prior to the public hearing. At the conclusion of the public hearing, the City Council must continue the matter for at least two weeks before taking any action to amend the listing of projects. Any action taken by the City Council to amend the current list of projects must be made by adopting a resolution. On September 5, 2017, the Festival Park was added to the Capital Improvement project list, per Resolution 2017 -15. It was anticipated at that time that the Festival Park would be funded partially from excess Vision 2025 funds, and the remainder funded from the Capital Improvements Fund. The City had an opportunity to utilize more excess Vision 2025 funds for the Festival Park project than anticipated by consolidating funding from the 5K Heart Healthy Trail and Feature Splash Pad and moving it to the Festival Park project. The funding change was made because the 5K trail and splash pad were not ready to proceed at the time, and the Festival Park was under construction. As a result, the Festival Park utilized just over $405,000 of Capital Improvements funding, instead of an estimate of approximately $2,000,000. PROJECT INFORMATION: The 5K Heart Healthy trail and Feature Splash Pad are projects originally proposed for excess Vision 2025 funds. In addition to these projects, staff has identified the renovation of the Funtastic Island park, originally constructed in 2005, as an additional project to be included with the proposed splash pad as a joint project in the current location of the Funtastic Island park. Age combined with significant use has taken a toll on the Funtastic Island park. This park was originally a community -built project and was a much needed addition to the northern portion of the City. However, the playground equipment has aged and is in need of a complete overhaul. The existing pieces are obsolete and finding parts to make repairs has become increasingly difficult. The 5K Heart Healthy Trail, Funtastic Island renovations and Splash Pad have been recommended by the Capital Improvement Committee to utilize the amount of funds that would have been allocated from the Capital Improvement Fund for the Festival Park. The amount for these projects is anticipated to be a total of $1,500,000. CURRENT PROJECT PRIORITIES: Adopted March 5, 2019, Resolution 2019 -06 designated the following list of projects as eligible for funding from the Capital Improvements Fund: • East 76th Street North Widening Project (Hwy 169 to North 129th East Avenue) • East 76th Street North and Main Street Intersection Improvements • Garnett Road Widening Project (East 96th Street North to East 106th Street North) • Garnett Road Widening (East 106th Street North to East 1 16th Street North) • East 96th Street North and North 145th East Avenue Intersection Improvements • East 1061h Street North and North 129th East Avenue Intersection Improvements • East 106th Street North and North 145th East Avenue Intersection Improvements • East 1 16th Street North and North 1291hEast Avenue Intersection Improvements • East 116th Street North and North 140th East Avenue Intersection Traffic Signal Improvements • Annual Street Rehabilitation Program • Highway 169 East and West Service Roads (East 66th Street North to East 126th Street North) • Central Park / Lakeridge Subdivision Stormwater Improvements • Rayola Park and Elm Creek Tributary 5A Stormwater Improvements • South Sports Park Regional Detention Pond Project • Sports Park • Elm Creek Park Improvements • Main Police Station / City Hall • Vehicle Maintenance Facility • Fire Station Number 4 with Administration and Training Center • Public Safety Vehicles • Festival Park • Fiber Installation Owasso Police Department to Public Works • Land Purchase at 11301 North Mingo Road and 10000 East 116th Street North CAPITAL IMPROVEMENTS COMMITTEE RECOMMENDATION: On April 23, 2019, the Capital Improvements Committee held a Special Meeting in accordance with the Oklahoma Open Meeting Act and City Council Resolution 2003 -14. The purpose of the meeting was to consider a recommendation to the City Council to amend the current list of projects funded through the Capital Improvements Fund. Committee members discussed the use of the unused allocation of Capital Improvement funds earmarked for the Festival Park. It was determined that they could rightly be utilized for the 5K Trail and Funtastic Island renovation projects as previously anticipated. At the conclusion of the meeting, the Capital Improvements Committee voted unanimously to submit a recommendation to the Owasso City Council amending the project list to include: 5K Heart Healthy Trail Funtastic Island renovations and Splash Pad PUBLIC HEARING: In accordance with the procedure for amending the Capital Improvement projects list, the City Council must conduct a public hearing to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee. Notice of the public hearing was published in the Owasso Reporter May 8, 2019, as required by Resolution 2003 -14, as well as posted to the Public Notices section of the City website. The public hearing is scheduled to be conducted on May 21, 2019. ATTACHMENT: Memorandum dated April 19, 2019, to Owasso Capital Improvements Committee REAL Poople •REAL Character •REAL Community TO: Capital Improvements Committee FROM: Larry Langford Director Recreation and Culture SUBJECT: 5K Trail, Funtastic Island Splash Pad and Funtastic Island Renovation DATE: April 19, 2019 BACKGROUND: On November 5, 2014, the Tulsa County Vision Authority adopted a resolution that states Owasso is eligible to receive excess Vision 2025 funds totaling $6,882,761. On April 21, 2015, Owasso City Council approved resolution 2015 -08 recommending identified projects for these funds, subsequently approved by the Tulsa County Vision Authority. Portions of these funds were designated to construct a 5K Trail and a Splash Pad. On July 21, 2017, staff requested and received approval from Capital Improvements Committee, and on August 15, 2017 from City Council, to amend the Capital Improvement Project List to include the Festival Park project. The Owasso Festival Park project commenced and was expected to be completed prior to the start of the 5k Trail and Feature Splash Pad projects. In order to expend all of the vision funds allocated in a timely manner, staff requested authorization from the Tulsa County Vision Authority to amend the Capital Improvement Agreements for all three projects. The amendment consolidated the funds designated for the 5K Trail and Splash Pad solely into funds for the Festival Park project. PROPOSED PROJECT: Because funding for the Festival Park project has been amended to be fully funded through excess Vision revenue, staff is seeking approval to add the 5K Trail and Funtastic Island Splash Pad, as well as Funtastic Island Renovation projects to the Capital Improvements Project List. The 5K Heart Healthy Trail has been designed and is proposed to be located in the southwest portion of the Owasso Sports Park around the soon to be constructed dry detention pond. The splash pad and Funtastic Island renovation is proposed to use the same area as the current Funtastic Island footprint. The splash pad would be incorporated into the park as a portion of Funtastic Island. The playground features are proposed to be more modern and up -to -date with shaded seated areas. COST: The engineer estimate for the 5K Heart Healthy Trail is $300,000 and the splash pad and Funtastic Island renovation's engineer estimate is $1,200,000. RECOMMENDATION: Staff requests approval to submit a recommendation to the Owasso City Council to amend the Capital Improvement Project List to include the 5K Trail and Funtastic Island Splash Pad and Renovation projects. sd REAL ROM", Cham5--- CommuNry TO: The Honorable Mayor and City Council FROM: Larry White Director, Support Services SUBJECT: Purchase of Bi -Fuel Pickup DATE: May 17, 2019 BACKGROUND: The Vehicle Maintenance staff assessed its motor fleet last year to determine the safety and reliability of the vehicles assigned to the department. Based upon this assessment, staff included funding in the FY 2018 -2019 budget to purchase a new 2019 Ford truck. It will enable staff to pick up parts necessary for maintenance of City trucks and vehicles. VEHICLE DESCRIPTION: Staff proposes the purchase of a new Ford F150 Y2 -ton, regular cab, rear -wheel drive CNG Bi -fuel pickup at Oklahoma state contract pricing. It will be equipped with the basic package plus the addition of an 8 -foot bed and the mounting of the CNG tanks under the body of the pickup. FUNDING: The FY 2018 -2019 Vehicle Maintenance budget includes funding for the procurement of a new CNG Bi -fuel pickup. RECOMMENDATION: Staff recommends approval to purchase a 2019 Ford F150 % -ton, regular cab, rear -wheel drive pickup equipped for CNG Bi -fuel, in the amount of $34,071.00 from Bill Knight Ford Fleet and Commercial Center of Tulsa, Oklahoma, utilizing approved Oklahoma Statewide Contract #S W035. ATTACHMENT: Bill Knight Ford Fleet and Commercial Center Bid Quote I f - Fleet and Commercial Center SW035 Category #25101507 Item # 1000009422 Dealer Name: Bill Knight Ford Make: Ford NGV -NEW 1/2 Ton Regular Cab Model F1C January 24, 2019/ revised 05/17/2019 Hello Kevin, We are pleased to offer for your consideration one (1) ordered 2019 CNG Bi -Fuel underbody 10 -GGE Ford F150 RC 2WD Please see below for your Contract Pricing. Base price $33,685.00 8' Bed 291.00 53B Receiver Class IV Hitch /wire 95.00 Total Lead Time: 16- IBweeks Thank you Ptuat k Greg Herring Bill Knight Ford Fleet Center (918) 526 -2392 direct line $34,071.00 9625 South Memorial Drive Tulsa, Oklahoma 74133 -6197 Phone: 918 -526 -2397 • Fax: 918 - 526 -2395 M d,Y"y✓£i. Customer Proposal Bill Knight Ford Fleet Center 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 Office: 918- 526 -2397 Fax: 918-526-2395 Prepared by: Date: 01/24/2019 Vehicle: 2019 F -150 XL Greg Herring 4x2 Regular Cab Styleside 8' box 141" WB Office: 918 - 526 -2397 Email: gherring @billknightauto.com Bill Knight Ford Fleet Center 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 Office: 918- 526 -2397 Fax: 918- 526 -2395 Selected Equipment & Specs Dimensions • Exterior length: 227.9" • Exterior height: 75.1" • Turning radius: 23.1' • Max ground clearance: 8.8" • Front headroom: 40.8" • Front shoulder room: 66.7" • Approach angle: 24.1 deg • Maximum cargo volume: 12.1cu.ft. Powertrain • 395hp 5.OL DOHC 32 valve V -8 engine with Ti -VCT variable valve control, variable intake length, port/direct injection • Recommended fuel : regular unleaded * 10 speed automatic transmission with overdrive • Fuel Economy City: 17 mpg • Capless fuel filler 2019 F -150, Regular Cab Styleside 42 Regular Cab Styleside 8' box 141" WB XL(FiC� Price Level: 95 • Exterior width: 79.9" • Wheelbase: 141.0" • Min ground clearance: 8.5" • Front legroom: 43.9" • Front hiproom: 62.5" • Passenger volume: 64.6cu.ft. • Departure angle: 24.7 deg • Box length: 96.0" * Auto stop -start feature • LEV3- ULEV125 • Rear -wheel drive • Fuel Economy Highway: 23 mpg Suspension /Handling * Front independent double wishbone suspension with * Rear rigid axle leaf spring suspension with gas - anti -roll bar, gas - pressurized shocks pressurized shocks * Speed- sensing electric power- assist rack - pinion * Front and rear 17 x 7.5 silver steel wheels Steering * P245/70SR17 BSW AS front and rear tires Body Exterior * 2 doors • Black door mirrors • Class IV trailer hitch with trailer sway control • Easy lift tailgate • Trailer harness • Clearcoat paint Convenience • Manual air conditioning • Power front windows • Driver and passenger 1 -touch down • Manual tilt steering wheel • Day -night rearview mirror • Front cupholders * Driver and passenger door bins Seats and Trim • Seating capacity of 3 • 4 -way driver seat adjustment • Centre front armrest Entertainment Features Prices and content availability as shown are subject to chant may vary from this estimate because of special local pricing, salesperson for the most current information. • Driver and passenger power remote, manual folding door mirrors • Black bumpers • Bed -rail protectors • Easy lower tailgate • Box style: regular • Front and rear 17 x 7.5 wheels • Cruise control with steering wheel controls • Driver and passenger 1 -touch up • Remote power door locks with 2 stage unlock and illuminated entry • Manual telescopic steering wheel • 2 1st row LCD monitors • Passenger visor mirror • Front 40 -20 -40 split -bench seat • 4 -way passenger seat adjustment • Cloth seat upholstery as or pricing adjustments not reflected in the dealer's coinputex system. See Bill Knight Ford Fleet Center 2019 F -150, Regular Cab Styleside 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 42 Regular Cab Styleside 8' box 141" WB Office: 918- 526 -2397 XL(F1 C) Fax: 918- 526 -2395 Price Level: 95 Selected Equipment & Specs (cont'd) • AM /FM stereo radio • 4 speakers Lighting, Visibility and Instrumentation • Halogen aero- composite headlights • Fully automatic headlights • Light tinted windows • Voltmeter • Compass • Camera(s) - rear • Trip odometer Safety and Security • 4 -wheel ABS brakes • Electric parking brake • Electronic stability control • Dual front impact airbag supplemental restraint system • Safety Canopy System curtain 1st row overhead airbag supplemental restraint system • Remote activated perimeter /approach fighting • Security system with SecuriLock immobilizer • Manually adjustable front head restraints Dimensions General Weights • Auxiliary audio input • Fixed antenna • Delay -off headlights • Variable intermittent front windshield wipers • Tachometer • Oil pressure gauge • Outside temperature display • Low tire pressure warning • Brake assist with hill hold control • 4 -wheel disc brakes • ABS and driveline traction control • Dual seat mounted side impact airbag supplemental restraint system • Airbag supplemental restraint system occupancy sensor • Power remote door locks with 2 stage unlock and panic alarm • MyKey restricted driving mode • Automatic Emergency Braking Feature Curb 4,310 lbs. GVWR 6,750 lbs. Payload 2,390 lbs. Front Weights Front GAWK 3,150 lbs. Front curb weight 2,608 lbs. Front axle capacity 3,750 lbs. Front spring rating 3,150 lbs. Front tire /wheel capacity 3,650 lbs. Rear Weights Rear GAWR 3,800 lbs. Rear curb weight 1,702 lbs. Rear axle capacity 4,800 lbs. Rear spring rating 3,800 lbs. Rear tire /wheel capacity 4,050 lbs. Trailering Type Type Regular Harness Yes Class IV Hitch Yes Trailer sway control Yes General Trailering Towing capacity 7000 lbs. GCWR 11800 lbs. Fuel Tank type Capacity 23.01 gal. Capless fuel filler Yes Off Road Approach angle 24 deg Departure angle 25 deg Ramp breakover angle 19 deg Min ground clearance 8 " Prices and content availE may vary from this estimi salesperson for the most as shown are :cause of spe, to be treated as estimates or pricing adjustments not See Bill Knigqht Ford Fleet Center 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 Office: 918- 526 -2397 Fax: 918 - 526 -2395 2019 F -150, Regular Cab Styleside 4x2 Regular Cab Styleside 8' box 141" WB XL(F1 C) Price Level: 95 Selected Equipment & Specs (cont'd) Max ground clearance 9 " Load floor height 37 " Exterior cargo V -8 Length 96.0 " Minimum width 50.6 " Volume 77.4 cu.ft. Pickup box depth 21.4 " Maximum width 65.2 " Tailgate width 60.3 " Interior cargo 5.OL Maximum cargo volume 12.1 cu.ft. Longitudinal Powertrain Engine Type Block material Aluminum Cylinders V -8 Head material Aluminum Ignition Spark Injection PorVdirect injection Liters 5.OL Orientation Longitudinal Recommended fuel Regular unleaded Valves per cylinder 4 Valvetrain DOHC Variable valve control Ti -VCT Engine Spec Bore 3.63" Compression ratio 12.0:1 Displacement 302 cu.in. Stroke 3.65" Engine Power SAEJ1349 AUG2004 compliant Yes Output 395 HP @ 5,750 RPM Torque 400 ft. -lb @ 4,500 RPM Alternator Amps 200 Battery Amp hours 70 Cold cranking amps 610 Run down protection Yes Engine Extras Auto stop -start feature Yes Transmission Electronic control Yes Lock -up Yes Overdrive Yes Speed 10 Type Automatic Transmission Gear Ratios 1st 4.696 2nd 2,985 3rd 2.146 4th 1.769 5th 1.52 6th 1.275 7th 1 8th 0.854 9th 0.689 1 Oth 0.616 Reverse Gear ratios 4.866 Transmission Extras Driver selectable mode Yes Sequential shift control SelectShift Drive Type Type Rear -wheel [Ines and content availability as shown are subject to change and should be treated as estimates may vary from this estimate because of special local pricing, availability or pricing adjustments not salesperson for the most currant infnrmnfinn. Bill Knight Ford Fleet Center 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 Office: 918-526-2397 Fax: 918- 526 -2395 Selected Equipment & Specs (cont'd) Drive Feature Traction control ABS and driveline Drive Axle 4 -wheel disc Ratio 3.15 Exhaust Material Stainless steel Emissions CARE LEV3- ULEV125 fuel Economy City Fuel type Fuel Economy (Alternate 1) City Fuel type Green Values Energy Impact Score (Barrels per year) Energy Impact Score (Barrels per year) Driveability Brakes 17 mpg Gasoline 14 mpg E85 2019 F -150, Regular Cab Styleside 4x2 Regular Cab Styleside 8' box 141" WB XL(F1C� Price Level: 95 System type EPA Highway Combined Highway Combined Single Tier 2 Bin 4 23 mpg 19 mpg 19 mpg 16 mpg 173 Carbon FP / Tailpipe and upstream total GHG (CO2, tons per year) 9.3 4.7 ABS 4 -wheel Type 4 -wheel disc Electric parking brake Yes Brake Assistance Brake assist Yes Suspension Control Ride Regular Front Suspension Independence Anti -roll bar Front Spring Type Front Shocks Type Rear Suspension Independence Rear Spring Type Rear Shocks Type ABS channels Vented discs Hill hold control Electronic stability control anti -roll Independent Type Regular Coll Grade Gas - pressurized Rigid axle Type Leaf Grade Gas - pressurized 4 Front and rear Yes Stability control with Double wishbone Regular Leaf t races and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealees computer system. See Aalaenarenn fnr fhn mnO nvront infrt mafinn Bill Knight Ford Fleet Center 9625 S. Zrtorial Drive, Tulsa, Oklahoma, 74133 Office: 918 - 526 -2397 Fax: 918- 526 -2395 2019 F -150, Regular Cab Styleside 4x2 Regular Cab Styleside 8' box 141" WB XL(F1 C) Price Level: 950 Selected Equipment & Specs (cont'd) Steering Speed- sensing Yes Activation Electric power- assist Type Rack - pinion Steering Specs # of wheels 2 Exterior Front Wheels Diameter 17" Width 7.50" Rear Wheels Diameter 17" Width 7.50" Spare Wheels Wheel material Steel Front and Rear Wheels Appearance Silver Material Steel Covers Hub Front Tires Aspect 70 Diameter 17" Sidewalls BSW Speed S Tread AS Type p Width 245mm Rear Tires Aspect 70 Diameter 17" Sidewalls BSW Speed S Tread AS Type p Width 245mm Spare Tire Mount Underbody w /crankdown Type Full -size Wheels Turning radius 23.1' Wheelbase 141.0" Body Features Front license plate bracket Yes Body material Aluminum Side impact beams Yes Active grille shutters Yes Body Doors Door count 2 Rear cargo Tailgate Pickup Box style Regular Bed -rail protectors Yes Easy lift tailgate Yes Easy lower tailgate Yes Exterior Dimensions Length 227.9" Body width 79,9" Body height 75.1 " Frame section modulus 5.Ocu.in. Frame yield strength (psi) 49300.0 Front bumper to Front axle 37.8" races ana content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Bill Knight Ford Fleet Center 2019 F -150, Regular Cab Styleside 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 42 Regular Cab Styleside 8' box 141" WB Office: 918- 526 -2397 XL(F1 C) Fax: 918.526 -2395 Price Level: s5o Selected Equipment & Specs ( cont'd) Safety Airbags Driver front - impact Yes Driver side - impact Seat mounted Occupancy sensor Yes Overhead Safety Canopy System curtain 1 st row Passenger front - impact Yes Passenger side - impact Seat mounted Seatbeit Height adjustable Front Pre - tensioners Front Pre - tensioners ( #) 2 Security Immobilizer SecurlLock Panic alarm Yes Restricted driving mode MyKey Seating Passenger Capacity Capacity 3 Front Seats Split 40 -20 -40 Type Split -bench Driver Seat Fore /aft Manual Reclining Manual Way direction control 4 Passengerseat Fore /aft Manual Reclining Manual Way direction control 4 Front Head Restraint Control Manual Type Adjustable Front Armrest Centre Yes Front Seat Trim Material Cloth Back material Carpet Convenience AC And Heat Type Air conditioning Manual Audio System Auxiliary audio input Yes Radio AM /FM stereo Radio grade Regular Seek -scan Yes Audio Speakers Speaker type Regular Speakers 4 Audio Antenna Type Fixed LCD Monitors Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most nurrnnt information. Bill Knight Ford Fleet Center 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 Office: 918- 526 -2397 Fax: 918- 526 -2395 Selected Equipment & Specs (cont'd) 1st row 2 Cruise Control Cruise control With steering wheel controls Convenience Features Retained accessory power Yes Door Lock Activation Type Power with 2 stage unlock Integrated key /remote Yes Door Lock Type Tailgate /rear door lock Included with power door locks Instrumentation Type Display Instrumentation Gauges Tachometer Engine temperature Transmission fluid temp Instrumentation Warnings Oil pressure Battery Key Door ajar Brake fluid Instrumentation Disp lays Clock Exterior temp Instrumentation Feature Trip odometer Steering Wheel Type Material Telescoping Front Side Windows Window 1st row activation Window Features 1 -touch down Tinted Front Windshield Wiper Rear Windshield Window Interior Analog Yes Yes Yes Yes Yes Yes Yes Yes In -radio display Yes Yes Urethane Manual Power Driver and passenger Light Variable intermittent Fixed 2019 F -150, Regular Cab Styleside 4x2 Regular Cab Styleside 8' box 141" WB XL(F1C) Price Level: 95 Primary monitor size (inches) 12V DC power outlet Remote Auto locking Oil pressure Voltmeter Engine temperature Lights on Low fuel Service interval Low tire pressure Compass Camera(s) - rear Forward collision Tilting 4.2 Keyfob (all doors) Yes Yes Yes Yes Yes Yes Yes Tire specific Yes Yes Mitigation W� 1 -touch up Driver and passenger Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealers computer system. See salesoerson for the most current Information. Bill Knigqht Ford Fleet Center 9625S. KIM Drive, Tulsa, Oklahoma, 74133 Office: 918 - 526 -2397 Fax: 918- 526 -2395 2019 F -150, Regular Cab Styleside 4x2 Regular Cab Styleside 8' box 141 " WB XL(F1 C) price Level: 950 Selected Equipment & Specs (cont'd) Passenger Visor Mirror Yes Rear View Mirror Day -night Yes Headliner Coverage Full Material Cloth Floor Trim Coverage Full Covering Vinyl /rubber Trim Feature Gear shift knob Urethane Cabback insulator Yes Interior accents Chrome Lighting Dome light type Fade Illuminated entry Yes Variable IP lighting Yes Storage Driver door bin Yes Front Beverage holder(s) Yes Glove box Yes Passenger door bin Yes Instrument panel Bin Dashboard Yes Legroom Front 43.9" Headroom Front 40.8" Hip Room Front 62.5" Shoulder Room Front 66.7" Interior Volume Passenger volume 64.6 cuff Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Bill Knight Ford Fleet Center 2019 F -150, Regular Cab Styleside 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 4x2 Regular Cab Styleside 8' box 141 " WB Office: 918- 526 -2397 XL(F1 C) Fax: 918- 526 -2395 Price Level: 950 Warranty - Selected Equipment & Specs Warranty Basic Distance 36,000 miles Months 36 months Powertrain Distance 60,000 miles Months 60 months Corrosion Perforation Distance Unlimited miles Months 60 months Roadside Assistance Distance 60,000 miles Months 60 months races mw content avanaoniry as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealers computer system. See salesperson for the most current informntinn REAL Paoplo •PEAL C�araclar •REAL Community TO: The Honorable Mayor and City Council FROM: Larry White Director, Support Services SUBJECT: Purchase of Heavy Truck Lifts for City Garage DATE: May 17, 2019 BACKGROUND: City Garage staff assessed its equipment needs last year to determine the safety and reliability of the motor vehicle lifts currently used in the facility. It was determined that more than 40 trucks, fire engines, ambulances, and other heavy equipment do not safely fit on the vehicle lifts currently installed at the City Garage. Currently City Garage staff has to work outside using floor jacks and jack stands to perform repairs on heavy trucks and equipment. Based upon this assessment, staff included funding in the FY 2018 -2019 budget to purchase two new lifts to enable a safer work environment for the City Garage staff when servicing the City's fleet of heavier trucks and equipment. EQUIPMENT DESCRIPTIONS: DRIVE -ON LIFT: Staff proposes to purchase a 4 -post extended length heavy duty drive -on lift for installation in one bay at the City Garage. The drive -on lift enables the mechanic to raise the truck off the ground to a height sufficient to perform service and maintenance from a standing position. Staff desires to purchase a lift with a weight capacity of 30,000 pounds. MOBILE COLUMN LIFTS: Staff proposes to purchase four (4) mobile column lifts. Each column lift attaches to one of the four truck wheels and tires and together they function to lift the entire truck. The column lifts can also be configured to lift the truck by the frame. Each column can hold 18,500 pounds capacity, and together they can hold 74,000 pounds. These lifts are movable and battery- operated with adjustable forks. FUNDING: The FY 2018 -2019 City Garage budget includes funding for two new vehicle lifts. One is a four column heavy equipment lift capable of holding a total of 74,000 pounds. The second is a four pole extended drive -on lift for long vehicles like crew cab, and extended bed trucks. The budget includes $39,375.00 for the purchase of the four column lift, and $16,675.00 for the purchase of the extended drive -on lift. The four column lift is available through approved Oklahoma Statewide Contract Number SW798. The quote from Devon Industries (the State Contract supplier) is $59,332.10. Staff received a quote from Malchi Automotive Equipment Supply Inc. in the amount of $40,218.75, which is less than the state bid. The additional $843.75 is available in the FY 2018 -2019 City Garage budget. The extended drive -on lift is also available through approved Oklahoma Statewide Contract Number SW798. The quote form Devon Industries (the State Contract supplier) is $42,000.00. Staff received a quote from Malchi Automotive Equipment Supply Inc. in the amount of $30,025.00. The additional $13,350.00 needed to complete the purchase is available in the city Garage Fund balance. RECOMMENDATION: Staff recommends approval of a budget amendment in the City Garage Fund increasing the appropriation for expenditures in the City Garage budget by $13,350.00; and the approval to purchase the following truck lifts from Malchi Automotive Equipment Supply Incorporated, of Broken Arrow, Oklahoma: • One (1) 4 -post extended length heavy duty drive -on lift 30,000 pound weight capacity for installation in one bay at the City Garage for the amount of $30,025.00; and, • Four (4) Mobile column lifts which together can hold 74,000 pounds for use in the City Garage for the amount of $40,218.75. ATTACHMENTS: Malchi Automotive Equipment Supply Quote and Equipment Description for 30,000 pound 4 -post extended length lift. Malchi Automotive Equipment Supply Quote and Equipment Description for set of four (4) mobile column lifts for a 74,000 pound capacity. S , �, WA 1105 A West Detroit St. Broken Arrow, OK 74012 Office 918 2512648 - Fax 918 2512649 itluantrty I Item Description I Equipment Price I Install I Line Total �OaiYARO 30,000 LB Capacity 4 -Post Extended Length 1 Forward CR30 30,000 LB General Service 4 -Post Rack 308" Wheel Base Max, With 24" Wide Runways, Built In Jack Rail & Anti -Sway Kit, Single Point Release Air Synchronized Locks, & Standard Ramps 2 15,000 LB Rolling Air /Hydraulic Jacks 1 Internal Air Line Kit For Both Center Rolling Jacks Delivered, Installed, Freight Paid Customer Responsible For Air & Electrical Connections 30,000 LS Capacity 4 -Past Extended Length 1 Forward CR30 30,000 LB General Service 4 -Post Rack 308" Wheel Base Max, With 24" Wide Runways, Built In Jack Rail & Anti -Sway Kit, Single Point Release Air Synchronized Locks, & Standard Ramps 2 15,000 LB Rolling Air /Hydraulic Jacks 1 Internal Air Line Kit For Both Center Rolling Jacks Delivered, Installed, Freight Paid Customer Responsible For Air & Electrical Connections 1 Move Customers Existing 2 -Post Lift $5,875.00 $5,875.00 $18,125.00 $11,750.00 $150.00 $18,125.00 $11,750.00 $150.08 No Charge Subtotal With extended Length F $30,025.00 * Freight Estimate $0.00 * Sales Tax $0.00 Total With extended Length $30,025.00 } 1105 A West Detroit St. Broken Arrow, OK 74012 Office 918 2512648 - Fax 918 2512649 iuuantity I Item Description I Equipment Price I Install I Line Total Wireless Columns 18,500 LB Capacity Per Column 1 Set of 4 Stertil Koni ST- 1085 -FWA Mobile Columns 74,000 LB Capacity ebri¢ht Control System Battery Operated 24 Volts Wireless Communication Columns Adjustable Forks Lifting /Lowering Speed Control Delivered. Installed, & On -Going Training ° ° o 0 $39,343.75 $39,343.75 * Freight $875.00 * Sales Tax $0.00 $40,218.75 sd REI1L People • REI1L Cheader• REAL Commonly TO: The Honorable Mayor and City Council FROM: Earl Farris Project Administrator SUBJECT: Acceptance of the 2017 -2018 Roadway Striping Project and Authorization for Final Payment DATE: May 17, 2019 BACKGROUND Included in the FY 2018 -2019 Streets Division Budget is funding for the 2017 -2018 Roadway Striping Project. The project included removal of all existing striping on East 86th Street North from Mingo Road to Highway 169, Garnett Road from East 86th Street North to East 961h Street North and the intersection at the north bound off -ramp at Highway 169 on East 96th Street North. Work also included restriping, and the addition of bike lanes enhancing the quality of life experience in Owasso, The City Council awarded the contract to Direct Traffic Control Incorporated, in September of 2018, in the amount of $105,872.50. The striping project utilized a multipolymer epoxy paint in place of the thermoplastic compound used in previous years. The multipolymer epoxy is more sensitive to cold weather application which caused the delay in completion of the project. Direct Traffic completed the project in May 2019, with a final project amount of $95,792.10, which represents a $10,080.40 contract underrun. All standards for acceptance of the project work have been met. FUNDING: Funding is included in the FY 2018 -2019 Street Division Budget. RECOMMENDATION: Staff recommends acceptance of the project and authorization for final payment to Direct Traffic Controls Incorporated, of Muskogee, Oklahoma, in the amount of $95,792.10. ATTACHMENTS: Location Map Final Pay Documents 2017 -2018 Pavement Striping Project 1" =1505 ft Location Map 05/01/2019 7 This map may represents a visual display of related geographic information. Data provided hereon is not guarantee of acutual field conditions. To be sure of complete accuracy, please comact the responsible staf. for most up to date information. CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN, Proiecf/ Owner Contractor Project:2017 -2018 Pavement Striping Project Name: Direct Traffic Control Inc. Address: 200 South Main Owasso OK 74055 Address: Po Box 602 Muskogee Ok 74402 city State Zip Cade City State Zip Code Owner: City of Owasso Contractor Licence: Contract Date: 9 / 18 /2018 TO ALL WHOM IT MAY CONCERN: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Contractor hereby waives, discharges, and releases any and all liens, claims, and rights to liens against the above - mentioned project, and any and all other property owned by or the title to which is in the name of the above - referenced Owner and against any and all funds of the Owner appropriated or available for the construction of said project, and any and all warrants drawn upon or issued against any such funds or monies, which the undersigned Contractor may have or may hereafter acquire or possess as a result of the furnishing of labor, materials, and /or equipment, and the performance of Work by the Contractor on or in connection with said project, whether under and pursuant to the above - mentioned contract between the Contractor and the Owner pertaining to said project or otherwise, and which said liens, claims or rights of lien may arise and exist. The undersigned further hereby acknowledges that the sum of Ninety five thousand seven hundred ninty two &10/100 Dollars ($95,792.10 ) constitutes the entire unpaid balance due the undersigned in connection with said project whether under said contract or otherwise and that the payment of said sum to the Contractor will constitute payment in full and will fully satisfy any and all liens, Claims, and demands which the Contractor may have or assert against the Owner in connection with said contract or project. Witness to Signature: I ^ — _ Dated this 3 day of M0_ V 20�Q ontractor By: JDSV) - d Title: VoWLMt, -E- I Aatrkivl , (Aa'v'a Page 1 of 1 CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA ) )SS COUNTY OF in US�LOQCP ) The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of Iawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant hrther states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiaut. AfSant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtpin payment or the award of this contract. tractor or Supplier Subscribed and sworn to before me this b `41 day of M pA { 26 I q Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # 1VJy Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. 0309 .00300 -Page 12 of 15 No asy Public '�3'� °T"%�•`.v %= Commission �SDIDIR7 _ = ise,o,er My Commission Expires: Ea EYP. H /e5H _12 W Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # 1VJy Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. 0309 .00300 -Page 12 of 15 sd REAL People •REAL G�encbt •REAL CommunRy TO: The Honorable Mayor and City Council FROM: Karl A. Fritschen RLA. AICP. MRCP Planning Manager SUBJECT: Final Plat - Glover Coffee Creek DATE: May 17, 2019 BACKGROUND: A Specific Use Permit (SUP) 18 -01 for a Glover Jeep Dealership and a commercial /retail outporcel was approved by City Council for the property on February 19, 2019. The City of Owasso received an application for review and approval of a final plat for Glover Coffee Creek. The subject property is located in the 10500 block of the Owasso Expressway, and it is approximately 5.68 acres in size. The property is currently zoned Planned Unit Development (PUD) 18, with an underlying zoning of Commercial Shopping (CS). It also lies within the US -169 Overlay District. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction Commercial PUD 18/ 2 Lots, 1 Block Number of Reserve Areas N/A North CS (Commercial Convenience Store Commercial City of Washington County Rural Water District #3 Shopping) Storm Siren Fee ($35.00 per acre) Elm Creek Sewer Payback 1,580.00 per acre Streets (public or private) Owasso PUD18/ South CS (Commercial Auto Dealership Commercial City of Shopping)/ Owasso SUP 16 -03 East PUD ti RS -3 (Residential Single Stormwater Detention/ Transitional City of Family) Residential Owasso West AG (Agriculture) US -169 Transportation City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 5.68 acres Current Zoning PUD 18 /CS Commercial Shopping)/SUP 18 -01 Proposed Use Commercial Lots /Blocks 2 Lots, 1 Block Number of Reserve Areas N/A Within PUD? Yes; PUD 18 Within Overlay District? Yes; US -169 Overlay Water Provider Washington County Rural Water District #3 Applicable Paybacks Storm Siren Fee ($35.00 per acre) Elm Creek Sewer Payback 1,580.00 per acre Streets (public or private) N/A ANALYSIS: This is a two (2) lot, one (1) block preliminary/final plat that indicates one (1) access point along the US -169 Service Road for Lot 1. The access point for Lot 2 will be determined at the time of site plan submittal, as the user on this lot is unknown and may require an access point in a specific location. There are two (2) mutual access easements (MAEs) shown along the northern boundaries of Lots 1 and 2 that will allow cross access with the current properties to the north. The MAE located on Lot 1 will be used for the delivery of the Jeep vehicle inventory and will be controlled access not open to the public. Perimeter and interior utility easements are shown on the plat that will allow utility companies adequate access to serve the development. The sanitary sewer easement located along the north boundary and labeled "non- exclusive" is currently a private easement provided by the original property owner to furnish the Kum and Go convenient store with sewer service. Upon approval and recording of this plat, it will be converted to a public easement. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements, as well as any requirements applied to the subject property in PUD 18 and SUP 18 -01. The property shall also comply with the standards for the US -169 Overlay District. PLANNING COMMISSION: The Owasso Planning Commission voted 4 -0 to approve the preliminary/final plat for Glover Coffee Creek at their regular meeting on May 13, 2019. RECOMMENDATION: Staff recommends approval of the Final Plat for Glover Coffee Creek. ATTACHMENTS: Aerial Map Final Plat - Glover Coffee Creek Aerial Photo Glover Coffee Creek Preliminary /Final Plat , p (tYt ° .. j..— _�.. �,!{y� �!jr �er.,' ,rY r ' +,• 1 �'! a � 77 t Y _ Subject Tract 1,t:'.a�,° �►�rn. 1 k r „ ! A uL } r f`, QA 19w rty:n Ae 11 } k le O. M ti )! ,�s; 169 of Mgt AAW h Hafez: R 14 E Final Plat OPUD 18 /SUP 18- 01/ZONE CS Glover Coffee Creek PART Of INE HO3MEA510WR1E1 PE /I Of atC, N",rn. 161 ,TI VINJNWtInTl NE IR11 rnRIN.RANG E.11UNN II FAST. 01111E NOUN ME910NN A SU9�N610x VlIINNIl1E CITY Of OWPSSO.IUISACOUNIY. SIAIEO1 (TFV.NOMA IT Rs NOR" WE`6 I S�M:1� lP ble IT- Gluvu Cn(lummn OWNER: SURVEYOR /ENGINEER: 1eceRan MaO A Glover Real Estate Lawton. UO Tanner CO.MlIng, L.L.C. 11.It11-1 m i�ri1T 1JJE3 T 1 JO'ft lev�ii AVeAUP nnunmrnurva' Lulu, O4lalwma..7 TO,OMhM1 711. . _...... 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YNA[DrA wpm. lxn.DM[xr 'LIMLIAMIAERESENG FLEFOR OTHEABLOSELEFLUMMI 'OHM It" DIED OF DarranouINEW UI1Lu C.I.-cUtIB Cmel sd 01�1P..P1.-R1A1Ch...W-REAL CommunRy TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton City Planner SUBJECT: Ordinance 1148, Annexation (OA 19 -02) & Rezoning (OZ 19 -02) DATE: May 17, 2019 BACKGROUND: The City of Owasso received a request for the annexation and rezoning of a property located at 11515 East 96 +h Street North. The property is approximately 4 acres in size and is currently zoned Agriculture (AG) in Tulsa County. The applicant is requesting that the Owasso zoning category of Commercial Shopping (CS) be applied to the property upon annexation. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North AG (Agriculture) Undeveloped Commercial Tulsa County South AG (Agriculture) Undeveloped Commercial City of Owasso East CS (Commercial Shopping) Commercial Commercial City of Owasso West CG (Commercial General) Commercial Commercial City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 4.09 acres +/- Current Jurisdiction Tulsa County Current Zoning AG (Agriculture) Proposed Zoning CS (Commercial Shopping) Land Use Master Plan Commercial Within PUD? No Within Overlay District? Yes; US -169 Overlay District Water Provider City of Owasso Applicable Paybacks /Fees Storm Siren Fee - $50.00 per acre ANALYSIS Typically, property annexed into the Owasso City limits is assigned an AG zoning designation or is annexed with the existing County zoning. However, an applicant can request a rezoning of the property if the requested zoning conforms to the GrOwasso 2030 Land Use Master Plan and proper legal notice is provided. In this case, the applicant is requesting that the property be assigned a designation of CS upon annexation. Proper legal notice was completed by City staff for the annexation and rezoning. Staff has determined that the request for CS zoning at this location is appropriate. The subject property is called out for commercial land uses in the GrOwasso 2030 Land Use Master Plan. Also, the subject property is surrounded on all sides by land that is also identified for future commercial land uses. In terms of the existing development in the area, property to the north and south are currently undeveloped, but the tracts of land to the east and west of the subject property are currently being utilized for commercial land uses. Given the zoning request is in conformity with the Land Use Master Plan and the existing uses occurring in this location, staff can support the rezoning request. The City of Owasso will provide sanitary sewer, water, Fire, Police, and EMS services to the subject property at such time as it is developed. Any future development on the subject property shall adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. PLANNING COMMISSION: The Owasso Planning Commission voted 4 -0 to recommend approval at their meeting on May 13, 2019. RECOMMENDATION: Staff recommends approval of Ordinance 1148, annexing the subject property into the corporate limits of the City of Owasso with an assigned zoning of CS. ATTACHMENTS: Ordinance 1148 Zoning Map GrOwasso 2030 Land Use Master Plan Map CITY OF OWASSO, OKLAHOMA ORDINANCE 1148 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 19 -02 AND APPROVING ZONING APPLICATION OZ 19 -02 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation and rezoning of property located at 1 1515 East 96th Street North; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested annexation and rezoning of the property referenced in applications OA 19 -02 and OZ 19 -02. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1: A tract of land described as 11515 East 96th Street North, said tract being more particularly described as follows: A TRACT OF LAND IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (S /2 SW /4 SW /4) OF SECTION SEVENTEEN (17), TOWNSHIP TWENTY ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING 297 FEET WEST OF THE NORTHEAST CORNER OF THE SAID S/2 SW /4 SW /4; THENCE WEST 297 FEET; THENCE SOUTH 660 FEET; THENCE EAST 297 FEET; THENCE NORTH 660 FEET TO THE POINT OF BEGINNING.; The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits and the same is hereby rezoned from Agriculture (AG) to Commercial Shopping (CS) District. All persons residing therein, and all property situated thereon, shall be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION 2. From and after the passage and publication of this ordinance, the real estate and territory described above shall be a part of the City of Owasso, Oklahoma, and in City Council Ward 2. SECTION 3. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Ordinance 1148 Page 1 of 3 SECTION 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 6. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this ordinance and correct map of the territory annexed. PASSED by the City Council of the City of Owasso, Oklahoma on the 21 It day of May, 2019 ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1148 Page 2 of 3 Chris Kelley, Mayor v io IN IS I y i 11 VC 1.151 , s s 1 l 1 Z r.iu 9600 < I 1 ! P 11,113 il I 1"I I low 1 1901 '1 N h SUBJECT PROPERTY �1 n .IA Ordinance 1148 Page 3 of 3 Aerial Photo 11515 E 96th St N s s M. . AlN llfl� v io IN IS I y i 11 VC 1.151 , s s 1 l 1 Z r.iu 9600 < I 1 ! P 11,113 il I 1"I I low 1 1901 '1 N h SUBJECT PROPERTY �1 n .IA Ordinance 1148 Page 3 of 3 Zoning Map OA 91 -02 /OZ 19 -02 96 ST N 11413 11415 I CL E96th S[ N z c� a� ro CL CL 9536 Z G) n7 9801 1515 ot® II E 96TH St N SUBJECT PROPERTY Land Use Master Plan Map OA 91-02/OZ 19-02 9711 1703 9701, 9711 97()71 m 9700 9600 E 96111 SL IN' G) CL 9538 o 96511 N 11413 11115 E 96TH St N SUBJECT PROPERTY sd C?. .E C racier - REAL COmmunliy TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Ordinance 1149 Amending Part 3, Alcoholic Beverages, of the Owasso Code of Ordinances, and Ordinance 1 150 Amending Part 9, Licensing and Business Regulations. DATE: May 17, 2019 BACKGROUND: The Oklahoma Statutes governing all aspects of alcoholic beverage sales and regulation were recently amended by the Oklahoma State Legislature in Titles 37 and 37A. Under the new law, primary oversight and regulation of alcohol brewing, sale and distribution is granted to the Alcoholic Beverage Laws Enforcement (ABLE) Commission rather than municipalities and many particulars of alcohol regulation have changed. As a result, it is necessary for the City of Owasso to amend its Code of Ordinances to comply with state law. Part 3, Alcoholic Beverages Chapter 1, Alcoholic Beverages; Taxation and Regulation This Chapter contains a number of amendments. Most significantly, Section 3 -103 establishes occupation taxes for various aspects of alcohol brewing, sale and distribution. State law allows municipal occupation taxes to equal those charged by the State. The occupation taxes contained in this ordinance are less than that allowed by the State and are proposed following several work session discussions deliberating the appropriate amounts for each category. An additional significant change is contained in Section 3 -124 of this chapter. This section allows, as mandated by State law, that only 'spirits" are prohibited from being carried or consumed by a person on public streets or areas within a city. "Spirits," by state law definition, does not include beer or wine. Thus, the Code of Ordinances will no longer prohibit or penalize persons from consuming beer or wine in public venues. Chapter 2, Non - Intoxicating Beverages This chapter regulates the sale and consumption of "3.2" beer. The subject matter within this chapter is no longer relevant and should be repealed in its entirety. Chapter 3, Private Clubs This chapter regulates the licensure and operation of private clubs serving alcohol. The subject matter within this chapter is no longer relevant and should be repealed in its entirety. Part 9, Licensing and Business Regulations Chapter 5, License for the Sale and Serving of Alcohol and 3.2 Beer This chapter establishes a license fee schedule and provides penalties for failure to pay the required fee. Permit fees of this type are no longer statutorily permissible and this chapter should be repealed in its entirety. RECOMMENDATION: Staff recommends adoption of Ordinance No. 1149 amending Chapter 1, Alcoholic Beverages; Taxation and Regulation, of Part 3, Alcoholic Beverages, of the Owasso Code of Ordinances, and additionally repealing Chapter 2, Non - Intoxicating Beverages, and Chapter 3, Private Clubs, of Part 3 in their entirety. Staff further recommends adoption of Ordinance No. 1150 repealing Chapter 5, License for Sale and Serving of Alcohol and 3.2 Beer, of Part 9, Licensing and Business Regulations of the Code of Ordinances. ATTACHMENTS: Ordinance 1149 Ordinance 1150 CITY OF OWASSO, OKLAHOMA ORDINANCE 1149 AN ORDINANCE RELATING TO PART 3, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES, CITY OF OWASSO; AMENDING IN PART AND REPEALING IN PART VARIOUS CHAPTERS AND SECTIONS; ESTABLISHING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE (1): Part 3, Alcoholic Beverages, Chapter 1, Alcoholic Beverages, Taxation, and Regulation, Sections 3 -101 through Section 3 -125 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 3 -101 PURPOSE This code is enacted as an exercise of the police power of the City to preserve the public peace, safety, health, and good order thereof, and to aid the enforcement of the policy of the state as established by the Oklahoma Alcoholic Beverage Control Act. State Law Reference: See Title 37A of the Oklahoma Statutes. SECTION 3 -102 DEFINITIONS As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section: 1. "ABLE Commission" or "Commission" means the Alcoholic Beverage Laws Enforcement Commission 2. "Alcohol' means and includes hydrated oxide of ethyl, ethyl alcohol, ethanol or spirits of wine, from whatever source or by whatever process produced. It does not include wood alcohol or alcohol which has been denatured or produced as denatured in accordance with Acts of Congress and regulations promulgated thereunder 3. "Alcoholic beverage" means alcohol, spirits, beer and wine and also includes every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by human beings 4. "Applicant" means any individual, legal or commercial business entity, or any individual involved in any legal or commercial business entity allowed to hold any license issued in accordance with the Oklahoma Alcoholic Beverage Control Act 5. 'Beer' means any beverage of alcohol by volume and obtained by the alcoholic fermentation of an infusion or decoction of barley, or other grain, malt or similar products. 'Beer' may or may not contain hops or other Ordinance 1149 Page 7 of 7 vegetable products. "Beer" includes, among other things, beer, ale, stout, lager beer, porter and other malt or brewed liquors, but does not include sake, known as Japanese rice wine 6. "Beer keg" means any manufacturer - sealed, single container that contains not less than four (4) gallons of beer; 7. "Beer distributor' means and includes any person licensed to distribute beer for retail sale in the state, but does not include a holder of a small brewer self- distribution license or brewpub self- distribution license. 8. "Brewer' means and includes any person who manufactures for human consumption by the use of raw materials or other ingredients any beer upon which a license fee and a tax are imposed by any law of this state; 9. " Brewpub" means a licensed establishment operated on the premises of, or on premises located contiguous to, a small brewer, that prepares and serves food and beverages, including alcoholic beverages, for on- premises consumption; 10. "Cider" means any alcoholic beverage obtained by the alcoholic fermentation of fruit juice, including but not limited to flavored, sparkling or carbonated cider. For the purposes of the distribution of this product, cider may be distributed by either wine and spirits wholesalers or beer distributors; 11. "Convenience store" means any person primarily engaged in retailing a limited range of general household items and groceries, with extended hours of operation, whether or not engaged in retail sales of automotive fuels in combination with such sales; 12. "Distiller" means any person who produces spirits from any source or substance, or any person who brews or makes mash, wort or wash, fit for distillation or for the production of spirits (except a person making or using such material in the authorized production of wine or beer, or the production of vinegar by fermentation), or any person who by any process separates alcoholic spirits from any fermented substance, or any person who, making or keeping mash, wort or wash, has also in his or her possession or use a still; 13. "Mixed beverages" means one or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage, beer and wine, caterer, public event, charitable event or special event license; 14. "Motion picture theater' means an establishment which is licensed to sell alcoholic beverages by the individual drink and where motion pictures are exhibited, and to which the general public is admitted; 15. "Private event" means a social gathering or event attended by invited guests who share a common cause, membership, business or task and have a prior established relationship. For purposes of this definition, advertisement Ordinance 1149 Page 2 of 7 for general public attendance or sales of tickets to the general public shall not constitute a private event; 16. "Public event" means any event that can be attended by the general public; 17. "Rectifier' means any person who rectifies, purifies or refines spirits or wines by any process (other than by original and continuous distillation, or original and continuous processing, from mash, wort, wash or other substance, through continuous closed vessels and pipes, until the production thereof is complete), and any person who, without rectifying, purifying or refining spirits, shall by mixing (except for immediate consumption on the premises where mixed) such spirits, wine or other liquor with any material, manufactures any spurious, imitation or compound liquors for sale, under the name of whiskey, brandy, rum, gin, wine, spirits, cordials or any other name; 18. "Retailer" means a package store, grocery store, convenience store or drug store licensed to sell alcoholic beverages for off - premise consumption pursuant to a Retail Spirits License, Retail Wine License or Retail Beer License; 19. "Small brewer" means a brewer who manufactures less than twenty -five thousand (25,000) barrels of beer annually pursuant to a validly issued Small Brewer License hereunder; 20. "Special event" means an entertainment, recreation or marketing event that occurs at a single location on an irregular basis and at which alcoholic beverages are sold; 21. "Spirits" means any beverage other than wine or beer, which contains more than one -half of one percent (1/2 of 1%) alcohol measured by volume, and obtained by distillation, whether or not mixed with other substances in solution and includes those products known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and fortified wines and similar compounds, but shall not include any alcohol liquid completely denatured in accordance with the Acts of Congress and regulations pursuant thereto; 22. "Wine and spirits wholesaler' or "wine and spirits distributor" means and includes any sole proprietorship or partnership licensed to distribute wine and spirits in the state. The term "wholesaler', as used in this act, shall be construed to refer to a wine and spirits wholesaler; and 23. "Wine" means and includes any beverage containing more than one - half of one percent (1/2 of 1 %) alcohol by volume and not more than twenty -four percent (24 %) alcohol by volume at sixty (60) degrees Fahrenheit obtained by the fermentation of the natural contents of fruits, vegetables, honey, milk or other products containing sugar, whether or not other ingredients are added, and includes vermouth and sake, known as Japanese rice wine. Ordinance 1149 Page 3 of 7 SECTION 3 -103 OCCUPATION TAX LEVIED There is hereby levied an annual occupation fax upon each person, firm, or corporation engaged within this city in any of the following occupations hereinafter named, in the following sums respectively set opposite the designation of each such occupation: Brewer License $1,250 Small Brewer License $125 Small Brewer Self- Distribution License $325 Brew pub License $500 Brew pub Self- Distribution License $325 Distiller or Rectifier License $3,125 Winemaker License $625 Small Farm Winery License $75 Winemaker Self- Distributor License $325 Wine and Spirits Wholesaler $3,000 Beer Distributor $750 Retail Spirits over 5,000 $400 Retail Wine License $500 Retail Beer License $250 On- Premises Mixed Beverage and /or Caterer License $500 On- Premises Beer and Wine License $250 Annual and /or Quarterly Special Event License not public) $25 Annual Public Event License $500 One -Time Public Event License 1125 Hotel Beverage License $500 SECTION 3 -104 OCCUPATIONAL TAX TO BE PAID; RECORDS All occupational taxes shall be paid in advance to the City of Owasso, who shall issue a receipt. The City Clerk shall record the name of the person or entity paying the occupational tax, and the address of the business. Such records shall be duly filed and kept in the permanent files of the City for at least five (5) years, at which time such records may be destroyed. SECTION 3 -105 EXPIRATION DATE; PRORATION; NO REFUNDS A. All occupational taxes levied under the provisions of this chapter expire on June 30th of each year. B. The amount of any occupational tax levied for less than a full year shall be prorated by month. C. Once the tax has been paid, no refunds may be made. Ordinance 1149 Page 4 of 7 SECTION 3 -106 CERTIFICATES OF COMPLIANCE A. An application for a certificate of compliance, on forms furnished by the City, shall be completed by every applicant for an original license pursuant to the Oklahoma Alcoholic Beverage Control Act. B. The applicant's proposed location and use thereof must comply with all municipal zoning ordinances. C. The applicant's proposed site and structure must comply with all state and municipal building codes. D. The applicant's proposed site, structure, and location must comply with all fire and life safety codes. E. The applicant's proposed location and use thereof must comply with all state and municipal provisions regarding food service requirements. F. The certificate of compliance may be executed by the City Manager or their designee. SECTION 3 -107 DAYS AND HOURS OF OPERATION A. No retail spirits store to which the retail spirits store occupational tax is applicable shall be open for the purpose of selling any alcoholic beverage at any hour other than between the hours of 8:00 a.m. and Midnight, Monday through Saturday. No sales shall be made, or retail spirits store be allowed to remain open for the purpose of doing business, making sales, or receiving deliveries of alcoholic liquors, on Thanksgiving Day or Christmas Day. B. No establishment to which the mixed beverage or on- premises beer and wine occupational tax is applicable shall be open to the public between the hours of 2:00a.m. and 6:00 a.m. No alcoholic beverages may be sold, dispensed, served or consumed on the premises of a mixed beverage, caterer, public event, charitable event, special event, on- premises beer and wine, between the hours of 2:00 a.m. and 8:00 a.m. C. No brewery or brewpub to which the brewery or brewpub occupational tax is applicable shall be open to the public between the hours of 2:00 a.m. and 6:00 a.m. No alcoholic beverages may be sold, dispensed, served or consumed on the premises of a small brewer or brewpub licensee between the hours of 2:00 a.m. and 8:00 a.m. SECTION 3 -108 OFFENSES A. It is an offense for any person under the age of twenty -one (21) years to be employed in the selling or handling of alcoholic beverages within this City. B. It is an offense to sell, furnish, or give any alcoholic beverage to any person under twenty -one (21) years of age, or to any intoxicated, insane, or mentally deficient person. C. It is an offense to permit any person under twenty -one (2 1) years of age to enter into, remain within, or loiter about the premises of any retail spirits store, except as specifically permitted by the provisions of the Oklahoma Alcoholic Beverage Control Act. Ordinance 1149 Page 5 of 7 D. It is an offense for any person to misrepresent their age in writing or by presenting false documentation of age for the purpose of inducing any person to sell them an alcoholic beverage. SECTION 3 -109 ADVERTISING It is an offense for any person to advertise, or cause to be advertised, in any manner, the sale of alcoholic beverages, except as specifically permitted by the provisions of the Oklahoma Alcoholic Beverage Control Act. SECTION 3 -110 PERSON NOT TO CONSUME ON PREMISES It is an offense for any person to open a retail container or consume alcoholic beverages on the premises of a package store, grocery store, convenience store or drug store, unless otherwise permitted by law. SECTION 3-111 TRANSPORTATION It is an offense for any person to transport in any vehicle upon any public highway, street, or alley, any alcoholic beverage, unless such alcoholic beverage is: A. In an unopened original container with seal unbroken and the original cap or cork not removed from the container; or B. In the trunk or other closed compartment or other container, and out of reach of the driver or any occupant of the vehicle. SECTION 3-112 NOT TO PERMIT INTOXICATED PERSONS ON PREMISES It is an offense for any person, whether as owner, manager, operator, or employee, of any cafe, restaurant, club, or any place of recreation within the city, to permit any person to be or to become drunk, intoxicated, or to be under the influence of intoxicating drink at such place. SECTION 3-113 SEPARATE OFFENSES Each day's violation of this chapter shall constitute a separate offense; but nothing herein contained shall be construed as determining that not more than any one such offense can be committed in any one day by the some person. SECTION 3-114 CONSUMING SPIRITS IN PUBLIC; INTOXICATION It is unlawful for any person to consume spirits in public except on the premises of a licensee of the ABLE Commission who is authorized to sell or serve spirits by the individual drink, or be intoxicated in a public place. SECTION 3 -115 PENALTY Any violation of any provision contained in this chapter is an offense against the City; upon conviction of any such offense, the violator shall be punished as provided in Section 1 -108 of this code. SECTION TWO (2): Part 3, Alcoholic Beverages, Chapter 2, Non - Intoxicating Beverages, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby repealed in its entirety. Ordinance 1149 Page 6 of 7 SECTION THREE (3): Part 3, Alcoholic Beverages, Chapter 3, Private Clubs, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby repealed in its entirety. SECTION FOUR (4): REPEALER That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. SECTION FIVE (5): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION SIX (6): CODIFICATION This ordinance shall be codified in Part Three (3), Alcoholic Beverages, of the Owasso Code of Ordinances. SECTION SEVEN (7): FILING OF ORDINANCE That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. SECTION EIGHT (8): 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. ATTEST: PASSED AND APPROVED this 21 It Day of May, 2019. Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1149 Page 7 of 7 Chris Kelley, Mayor s� RE4L People -REALC alter -REAL Community TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Ordinance 1 149 Amending Part 3, Alcoholic Beverages, of the Owasso Code of Ordinances, and Ordinance 1150 Amending Part 9, Licensing and Business Regulations. DATE: May 17, 2019 BACKGROUND: The Oklahoma Statutes governing all aspects of alcoholic beverage sales and regulation were recently amended by the Oklahoma-State Legislature in Titles 37 and 37A. Under the new law, primary oversight and regulation of alcohol brewing, sale and distribution is granted to the Alcoholic Beverage Laws Enforcement (ABLE) Commission rather than municipalities and many particulars of alcohol regulation have changed. As a result, it is necessary for the City of Owasso to amend its Code of Ordinances to comply with state law. Part 3, Alcoholic Beverages Chapter 1, Alcoholic Beverages; Taxation and Regulation This Chapter contains a number of amendments. Most significantly, Section 3 -103 establishes occupation taxes for various aspects of alcohol brewing, sale and distribution. State law allows municipal occupation taxes to equal those charged by the State. The occupation taxes contained in this ordinance are less than that allowed by the State and are proposed following several work session discussions deliberating the appropriate amounts for each category. An additional significant change is contained in Section 3-124 of this chapter. This section allows, as mandated by State law, that only 'spirits" are prohibited from being carried or consumed by a person on public streets or areas within a city. "Spirits," by state law definition, does not include beer or wine. Thus, the Code of Ordinances will no longer prohibit or penalize persons from consuming beer or wine in public venues. Chapter,2, Non - Intoxicating Beverages This chapter regulates the sale and consumption of "3.2" beer. The subject matter within this chapter is no longer relevant and should be repealed in its entirety. Chapter 3, Private Clubs This chapter regulates the licensure and operation of private clubs serving alcohol. The subject matter within this chapter is no longer relevant and should be repealed in its entirety. Part 9, Licensing and Business Regulations Chapter 5, License for the Sale and Serving of Alcohol and 3.2 Beer This chapter establishes a license fee schedule and provides penalties for failure to pay the required fee. Permit fees of this type are no longer statutorily permissible and this chapter should be repealed in its entirety. RECOMMENDATION: Staff recommends adoption of Ordinance No. 1149 amending Chapter 1, Alcoholic Beverages; Taxation and Regulation, of Part 3, Alcoholic Beverages, of the Owasso Code of Ordinances, and additionally repealing Chapter 2, Non - Intoxicating Beverages, and Chapter 3, Private Clubs, of Part 3 in their entirety. Staff further recommends adoption of Ordinance No. 1 150 repealing Chapter 5, License for Sale and Serving of Alcohol and 3.2 Beer, of Part 9, Licensing and Business Regulations of the Code of Ordinances. ATTACHMENTS: Ordinance 1149 Ordinance 1150 CITY OF OWASSO, OKLAHOMA ORDINANCE 1150 AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS, OF THE CODE OF ORDINANCES, OF THE CITY OF OWASSO; REPEALING CHAPTER 5, LICENSE FOR THE SALE AND SERVING OF ALCOHOL AND 3.2 BEER; ESTABLISHING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE (1): Part 9, Licensing and Business Regulations, Chapter 5, License for the Sale and Serving of Alcohol and 3.2 Beer, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby repealed in its entirety. SECTION TWO (2): REPEALER That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): CODIFICATION This ordinance shall be codified in Part 9, Licensing and Business Regulations, of the Owasso Code of Ordinances. SECTION FIVE (5): FILING OF ORDINANCE That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. SECTION SIX (6): 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. ATTEST: PASSED AND APPROVED this 215' Day of May, 2019. Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Chris Kelley, Mayor RPw -.0 , tl REAL Community TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Resolution 2019 -12, Authorization to Initiate Condemnation Proceedings to Acquire Property for the North Garnett Road Widening Project from East 106th Street to East 116 +h Street North DATE: May 17, 2019 BACKGROUND: The City of Owasso is currently in the process of acquiring private property along Garnett Road as public right -of -way (ROW) in accordance with the North Garnett Road Widening Project from East 106m Street North to East 116th Street North. Parcel No. 21 is located at 11301 North Garnett Road, and is owned by Virginia Potts Arnold Grider. An appraisal of the utility and temporary construction easements necessary on this property was performed on or about April 18, 2018. The value of the easements was found to be approximately $6,999. However, there was little negotiation with the property occupant because it became immediately apparent that the occupant is legally unable to convey good title for the easements to the City. Therefore, it is necessary to condemn the property and allow a court to determine issues of title. Based upon the foregoing, it has become apparent that condemnation is the sole mechanism available to the City to obtain the necessary easements on the Grider parcel. The easements in question will be utilized for a public purpose, therefore a condemnation action is both warranted and appropriate. Staff submits that a Resolution of Necessity authorizing the filing and prosecution of a condemnation action is appropriate and required to obtain needed utility and temporary construction easements on the Grider property. RECOMMENDATION: Staff recommends approval of Resolution 2019 -12, authorizing the filing and prosecution of a condemnation action to obtain the necessary utility and temporary construction easements on the Grider property described therein. ATTACHMENTS: Proposed Resolution 2019 -12 Appraisal dated April 18, 2018 CITY OF OWASSO, OKLAHOMA RESOLUTION 2019 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA RESOLVING THE NECESSITY OF INSTITUING AND PROSECUTING CONDEMNATION PROCEDURES TO OBTAIN PROPERTY LOCATED AT 11301 NORTH GARNETT ROAD, OWASSO, OKLAHOMA WHEREAS: The City of Owasso, by and through officers and agents thereof, has endeavored to purchase certain property from Virginia Potts Arnold Grider, with the following legal description: Utility Easement: A strip, piece or parcel of land lying in part of Section 8, Township 21 North, Range 14 East, IM, Tulsa County, State of Oklahoma. Said Parcel of land being described by metes and bounds as follows: Commencing at the southwest corner of the Northwest Quarter (NW /4) of Section Eight (8), Township Twenty -one (21) North, Range Fourteen (14) East; thence, N 01' 24'58" W along the west line of said Northwest Quarter (NW /4) of Section Eight (8), Township Twenty -one (21) North, Range Fourteen (14) East a distance of 1060.18 feet; thence, N 88° 43' 02" E a distance of 50.00 feet to the point of beginning; thence, N 010 24' 58" W a distance of 130.23 feet; thence, N 88° 42' 12" E a distance of 10.00 feet; thence, S 010 24' 58" E a distance of 130.23 feet; thence, S 88° 43' 18" W a distance of 10.00 feet to the point of beginning. Said area containing 1302.28 square feet (0.03 acres), more or less. Temporary Construction Easement: A strip, piece or parcel of land lying in part of Section 8, Township 21 North, Range 14 East, IM, Tulsa County, State of Oklahoma. Said Parcel of land being described by metes and bounds as follows: Commencing at the southwest corner of the Northwest Quarter (NW /4) of Section Eight (8), Township Twenty -one (21) North, Range Fourteen (14) East; thence, N 01' 24' 58" W along the west line of said Northwest Quarter (NW /4) of Section Eight (8), Township Twenty -one (21) North, Range Fourteen (14) East a distance of 1157.44 feet; thence, N 880 43' 02" E a distance of 60.00 feet to the point of beginning; thence, N 01' 24' 58" W a distance of 32.88 feet; thence, N 88° 42' 12" E a distance of 10.33 feet; thence, S 00° 31' 16" E a distance of 33.00 feet; thence, S 890 28' 44" W a distance of 9.82 feet to the point of beginning. Said area containing 331.92 square feet (0.01 acres), more or less. WHEREAS: The acquisition of the property referenced above is necessary for public safety and to facilitate the widening of Garnett Road; and WHEREAS: The City of Owasso, by and through officers and agents thereof, has made a bona fide, good faith offer to Virginia Potts Arnold Grider to purchase the land referenced above; and WHEREAS: Virginia Potts Arnold Grider has declined such offer of payment by the City of Owasso; and WHEREAS: As provided under the Constitution and Statutes of the State of Oklahoma, it is necessary for the City of Owasso to condemn the property referenced above in the interest of public safety and for the widening of Garnett Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: It being necessary for public safety, the officers and agents of the City of Owasso, Oklahoma, are hereby authorized to initiate, and prosecute to the conclusion thereof, condemnation proceedings against Virginia Potts Arnold Grider, who has declined such offer of payment by the City of Owasso. APPROVED this 215' day of May, 2019, by the City Council of the City of Owasso. Attest: Juliann M. Stevens, City Clerk Approved As To Form: Julie Lombardi, City Attorney Resolution 2019 -12 Page 2 of 2 Chris Kelley, Mayor An Appraisal of Real Property— Appraisal Report Parcel 21.1 & 21.2 (Proposed Perpetual Utility Easement, & Temporary Construction Easement) 11301 North Garnett Road Owasso, Oklahoma 74055 Prepared For: Mr. Mike Craddock Terra Acquisition Services 8458 South College Avenue Tulsa, Oklahoma 74137 Prepared By: Roberson + Company Realty Advisors, LLC David C. Roberson, MAI, SRA 1123 West Main Street Jenks, Oklahoma 74037 Date of Valuation: April 18, 2018 Date of Inspection: April 18, 2018 Date of Report: April 19, 2018 -AY LUC April 19, 2018 Mr. Mike Craddock Terra Acquisition Services 8458 South College Avenue Tulsa, Oklahoma 74137 RE: An Appraisal Report on Parcels 21.1 and 21.2, which are proposed perpetual utility easement & temporary construction easement respectively to be located at 11301 North Garnet Road in Owasso, Oklahoma. Dear Mr. Craddock: In accordance with your request, an Appraisal Report has been completed on the previously referenced real property. The value conclusion within the attached appraisal report accompanying this letter is based on the estimated "as is" market value of the subject property (underlying land). All area measurements, calculations, and value conclusions are subject to a current ALTA survey. The following report assumes there is clear and marketable title to the subject property. The document is to be relied on only by the client. The subject property has been personally inspected and all necessary investigations and analyses were performed by David C. Roberson, MAI, SRA, and Thomas Roberson. The dates, calculations, and analyses leading to the value conclusion are incorporated in the appraisal report following this letter. The data utilized in this report has been gathered from what are believed to be reliable sources. This report, including all assumptions and limiting conditions, is an integral part of, and inseparable from this letter. The intended use of this report is to assist the client in determining reasonable compensation for the proposed acquisition of a portion of the property located at the aforementioned location. No items of personal property are included in the estimated market value set out by this report. This valuation pertains solely to the surface rights of real property. It is our opinion that the subject property would have incurred an exposure time of less than one year. It is estimated that the subject property will incur a marketing time of less than one year. The estimated marketing time is contingent upon the subject property being listed at or near the estimated market value set out by this report. It is also contingent upon a clear and marketable title. The attached Appraisal Report has been prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP)and the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute; as well as the appraisal guidelines of Terra Acquisition Services. Mr. Craddock April 19,2018 Page Based on available information, not limited tothat set forth in this report, osof April l8,20l8,the compensation os detailed in the following report b allocated osfollows: Due to Owner Parcel 21.1 $ 5,608 Parcel 21.2 1,391 Damages toRemainder 0 Total Compensation $ 6,999 Respectfully, r,+[O|F�Gny �����/\C�vi���3 David C. Roberson, /mN,SRA Oklahoma Certified Appraiser No. lO344 l�Z�YY���mo|���/e��/jrnknCk!uhnmo740�7�(9l���9�Z�5� Table of Contents PART I Preface Identification Photographs of the Subject Property ............ ................ ......... ............... 2 Certification Assumptions and Standard Limiting Conditions .............................. ..............................5 Summary or Salient F acts and Conclusions ..................................... ..............................7 PART II Premises of the Appraisal Purposeof thle Appraha! .... ..... .... ...... ....... .... .. .......... ....................................... ............... 10 Intended Use of the Appraisal .......... ........ ._ ............ ........................ ............................ 10 mended user of flMe Appraisal .......... ......... .. ....... ......... ........ .............. I ............. ....... ... . 10 Determination of just Compensation ..... ....... ...... .. .............................. .............. .......... 10 l De�!n!ui on, of Niarker'JCiue .... ..... .......................................................... .................. _..... 10 "As Is Prey ise ... ....... .... .............. .... ... ...................... ........................... ........... ..... I............ I 1 Effective Date of the Appraisal .................. .......... ........ ....... ............... ............ ..._......... I 1 Properly R!ghrs Appraised ............................................................... ............................... 1 1 Scopeof tine Appraisal.._ ................................................................ ............................... 1 I Exposure, Time .....................................__............ ............._................. _............................ 12 Nsarketing Tin? e ..................................................._.._........................ ..........I....._.............. I2 PART III Presentation of Data Metropolitan Statistical Area Data and Analysis .................. .......__.__.. .................. 14 Neighborhood Data and Analysis ..................... ...................... ........................... .......... 13 H!slory ol O +rmes! ip ........................... ........... ..................... ..................................... ....... 20 Ad Valorem Taxes and Assessment Analysis ............................. ... .............................21 Site Data ' ^ ra anc� A.r�cr:ysis ..................................--_.._................_...... ............................... �2 PART IV Analysis of Data and Value Conclusions Highest and Best Use Analysis ......................... .................................. .............................30 TheAppraisal Process ....... ..................... ............_......................... ........................ ... .... .... 30 Site Valuation — Before Acquisition . ......... ............................... .. ........... 31 Acquisition Area Data c, Analysis .................. .. .... ... ......................................... .............. 44 Total EsIM-rtated Compensation— ............... .................. ............................... 50 PART V Addendum Legal Description /Deeds Qualifications of the Appraisers State Certification „ Alp sc,, _ Part I - Preface Identification Photographs of the Subject Property Aerial of the subject's general area Aerial of the subject's immediate area Roberson + Company Realty Advisors. LLC Page 3 Subject Site Roberson + Company Realty Advisors, LLC Page 4 Certification The undersigned does hereby certify that, to the best of our knowledge and belief: The statements of fact contained in this report are true and correct. >> The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are the appraisers' unbiased professional analyses, opinions, and conclusions. >> The appraiser has no present or prospective interest or bias in the property that is the subject of this report, and the appraiser has no personal interest or bias with respect to the parties involved. The appraiser's compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. >> I have made a personal inspection of the property that is the subject of this report. Employment for preparation of this appraisal was not conditioned upon the appraisal producing a specific value, a minimum value, or the approval of a loan. >> The appraiser certifies that, to the best of his knowledge and belief, the reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation. >> The appraiser certifies that the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. >> Thomas Roberson provided significant professional assistance in the valuation of the subject property. As of the date of this report, 1, David C. Roberson, have not completed the requirements under the continuing education program of the Appraisal Institute. >> The appraiser's state certification has not been revoked, suspended, canceled, or restricted. I have not performed any services, as an appraiser or in any other capacity, regarding the subject property within the three -year period immediately preceding acceptance of this assignment. >> I understand this appraisal is to be used in connection with the acquisition of right -of -way for a highway widening project to be constructed by the City of Owasso, and that the appraisal has been made in conformity with the appropriate state laws, regulation policies, and procedures applicable to appraisal of right -of -way for such purposes, and that to the best of my knowledge, no portion of the value assigned to the property consists of items which are non - compensable under the established law of said state. Based on available information, not limited to that set forth in this report, as of April 18, 2018, the compensation as detailed in the following report is allocated as follows: Due to Owner Parcel 21.1 $ 5,608 Parcel 21.2 1,391 Damages to Remainder 0 Total Compensation $ 6,999 Respectfully Submitted, �elrG David C. Roberson, MAI, SRA Oklahoma Certified Appraiser No. 10344 Assumptions and Standard Limiting Conditions Unless modified elsewhere in this report, this appraisal is expressly subject to and contingent upon the following assumptions and limiting conditions: >> No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. >> Responsible ownership and competent property management are assumed. » The information furnished by others is believed to be reliable, but no warranty is given for its accuracy. All engineering studies are assumed to be correct. The plot plans and illustrative material in this report are included only to help the reader visualize the property. >> It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in the appraisal report. >> It is assumed that the property conforms to all applicable zoning and use regulations and restrictions unless a non - conformity has been identified, described and considered in the appraisal report. >> It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. >> It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. >> Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraisers. The appraisers have no knowledge of the existence of such materials on or in the property. The appraisers, however, are not qualified to detect such substances. The presence of substances such as asbestos, urea - formaldehyde foam insulation, and other potentially hazardous materials may affect the value of the property. The values estimated is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover them. The intended user is urged to retain an expert in this field, if desired. >> Any allocation of the total value estimated in this report between the land and the improvements applies only under the stated program of utilization. The separate values allocated to the land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. Possession of this report, or a copy thereof, does not carry with it the right of publication. OX The appraisers, by reason of this appraisal, are not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made. >> Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraisers, or the firm with which the appraisers are connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior consent and approval of the appraiser. Any value estimates provided in the report apply to the entire property, and any proration or division of the total into fractional interests will invalidate the value estimate, unless such proration or division of interests has been set forth in the report. Any proposed improvements are assumed to have been completed unless otherwise stipulated and any construction is assumed to conform to the building plans referenced in the report. >> The appraiser assumes that the reader or user of this report has been provided with copies of available building plans and all leases and amendments, if any, that encumber the property. A current survey was not furnished, so the appraiser used third party data to ascertain the physical dimensions and acreage of the property. Should a survey prove this information to be inaccurate, it may be necessary for this appraisal to be adjusted. >> The forecasts, projections, or operating estimates contained herein are based on current market conditions, anticipated short -term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes with future conditions. >> The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey or analysis of the property to determine whether or not it is in conformity with the various detailed requirements of ADA. It is possible that a compliance survey of the property and a detailed analysis of the requirements of the ADA would reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative impact upon the value of the property. Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of ADA was not considered in estimating the value of the property. » A current ALTA survey and environmental audit of the subject property are conditions of this report. >> This report is not subject to additional review. Responses to questions from anyone other than the borrower, assignee or client concerning this report are subject to client approval and additional fees. These fees are to be determined by the author of this report. >> The information provided to the appraiser is believed to be true and accurate. If found to be to the contrary, this report is subject to re- analysis by the appraiser. Summary of Salient Facts and Conclusions Property Type: Acquisition Type: Property Address: Legal Description: Assessor Parcel Number: Office Proposed Perpetual Utility Easement, & Temporary Construction Easement 11301 North Garnett Road Owasso, Oklahoma 74055 A detailed legal description of the subject site can be found in the Addendum of this report. 61070 -14 -08 -48360 Purpose /Intended Use: The purpose of the appraisal is to estimate the market value of the property immediately before the property's proposed acquisition and to estimate the market value of the area to be acquired as part of the whole, and inclusive of any damages to the remainder. The intended use of this report is to assist the client in determining reasonable compensation for the proposed acquisition. The intended user of this report is the client, Terra Acquisition Services. Property Right Appraised: Fee Simple Estate Owner of Record: Virginia Potts (Arnold) Grider (subject to verification by abstract) Date of Valuation: April 18, 2018 Date of Inspection: April 18, 2018 Date of Report: April 19, 2018 Primary Site Size: ±0.77 Acres or ±33,655 SF— Before and After Gross Flood Zone: Panel # 40143C0130K March 3, 2009 Unshaded Zone X (areas determined to be outside the 0.2% annual chance floodplain) Zoning: CS - Commercial Shopping Center Highest and Best Use: "As Vacant" — Build -to -suit, or owner- occupied, commercial property that conforms to zoning "As Improved" - Present improvements Estimated Market Value: $90, 000 — Underlying Land — Entire Property Estimated Compensation: Due to Owner Parcel 21.1 $ 5,608 Parcel 21.2 1,391 Damages to Remainder 0 Total Compensation $ 6,??9 Part 11 - Premises of the Appraisal Purpose of the Appraisal The purpose of this report is to develop an opinion of the "just compensation" for the acquisition of the proposed perpetual utility easement & temporary construction easement on the subject property. Intended Use of the Appraisal The intended use of this report is to assist the client in determining reasonable compensation for the proposed acquisition. Intended User of the Appraisal The intended user of the appraisal is the client, Terra Acquisition Services. Determination of Just Compensation The constitution of the State of Oklahoma, Article 2, subsection 24, states as follows: Private property - Public Use - Character of Use, a judicial question. "Private property shall not betaken or damaged for public use without just compensation. Just compensation shall mean the value of the property taken, and in addition, any entry to any part of the property not taken. Any special or direct benefits to the part of the property not taken may be offset only against any injury to the property not taken." The State's constitution goes on to say, "...however, in no case shall the owner be required to make any payment should the benefits be judged to exceed the damages." Definition of Market Value The current economic definition of market value can be stated as follows: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (A) buyer and seller are typically motivated; (B) both parties are well informed or well advised, and acting in what they consider their own best interests; (C) a reasonable time is allowed for exposure in the open market; (D) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (E) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Title 12 C.F.R. Part 34, Subpart C s Appraisals, 34.42 Definitions [F]). "As Is" Premise The definition of a property's "as is" status is defined by the Appraisal of Real Estate, 1 I th Edition, as follows: "The condition observed upon inspection and as it physically and legally exists without hypothetical conditions, assumptions, or qualifications as of the date of appraisal." NOTE The "as is" value associated with the aforementioned property pertains solely to the underlying land, as we do not feel the improvements are significantly impacted by the proposed acquisition. Effective Date of the Appraisal The "as is" effective date of this report is April 18, 2018. Comparable data used in the valuation process of this report was based on the current market conditions as indicated by the effective date. This effective date is important because the factors that influence value are always in the process of change, causing the value to possibly fluctuate. Therefore, an opinion of value is valid only for the point in time designated as the effective date. Property Rights Appraised The appraisal of the subject property considers the title to be held in "Fee Simple." Fee Simple Title is defined in The Dictionary of Real Estate Appraisal (6th Edition) as: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. This appraisal deals solely with surface rights of the subject. Scope of the Appraisal The scope of the appraisal is the extent of the process of collecting, confirming, and reporting data. This appraisal has been completed in conformity with the appraisal guidelines of the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation and the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. This appraisal assignment was not solicited by the signatory of this report and was not based on a requested minimum valuation, a specific valuation or the approval of a loan. The client furnished information including the street address, legal description, and documents relating to the acquisition areas. All other information included in the appraisal was obtained from third parties. In the analysis section of the report, the appraiser applied the Sales Comparison Approach. For the purposes of this analysis, the subject property is considered to be a vacant tract that is not leased; therefore, the Cost and Income Approaches are not applicable. The data, analysis, and conclusions are directed toward the property type appraised. The analysis of highest and best use is based on consideration of the legal uses permitted within the zoning, considering all potential uses that are applicable within the zoning and which can reasonably be projected as applicable to the property appraised. Our final conclusion "as vacant" is a build -to -suit, or owner - occupied, commercial property that conforms to zoning represents the highest & best use of the subject site. As improved, the present improvements are considered the highest and best use. The appraiser is competent in valuing property such as the subject, based on experience and education. Exposure Time Exposure time is defined by the Uniform Standards of Professional Appraisal Practice as: "The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based upon an analysis of post events assuming a competitive and open market." The consensus among most market participants is that, if competitively priced, an investment similar to the subject property would incur an exposure time of less than one year. Therefore, it is our opinion that based on the estimated market value set out by this report, the subject property would have incurred an exposure time of less than one year prior to the effective date of this report. This is supported by an active and improving real estate market, with available third -party financing. Marketing Time Marketing time is defined by the Uniform Standards of Professional Appraisal Practice as: "An opinion of the amount of time it might take to sell a property interest in real estate at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time which is presumed to precede the effective date of an appraisal." Based on current trends in the area and discussions with local brokers and market participants, the subject property is believed to have an estimated marketing time of less than one year. Note that this estimated marketing time is contingent upon the subject property being listed at or near the estimated market value set out by this report. It is also contingent upon a clear and marketable title. Part III - Presentation of Data Metropolitan Statistical Area Data and Analysis The Tulsa Metropolitan Statistical Area (MSA) is located in the northeast section of Oklahoma and is comprised of a seven - county area that includes Tulsa, Osage, Rogers, Wagoner, Okmulgee, Pawnee, and Creek Counties. Tulsa was incorporated into a municipality in 1898 and its initial growth is attributed to large oil discoveries in the immediate and surrounding areas. Geographic The Tulsa MSA is geographically located in the Arkansas Valley with only limited hindrances to development in the form of excessive slope and subsurface limestone in some areas that may increase development costs. The area has four distinct seasons and climate does not significantly impact development costs. The arterial streets within the City of Tulsa are laid out on a grid -like pattern on section lines with one major interstate (1 -44) extending through the area linking Tulsa to Oklahoma City (104 miles southwest) and St. Louis (402 miles northeast). There are north /south federal highways (Highways 169 & 75) providing access to the Dallas /Ft. Worth and Kansas City areas; however, they are not interstates. I i SNP I Ind ... dencec.: OPH "CarteyNlls"— - ., ' 4171iv —�. T lI1Si Bm4cn Anrny 1 ., �l __1m,Wd fjl CJ J ... J f,Y Ir ✓. --old bRWiljf2 OKLAHO AA r"V' — •--sriaan'Sa p � � �F�9mitlr dame Population In the identified area, the current year population is 1,010,290. In 2010, the Census count in the area was 937,478. The rate of change since 2010 was 1.04% annually. The five -year projection for the population in the area is 1,063,326 representing a change of 1.03% annually from 2017 to 2022. Currently, the population is 49.1% male and 50.9% female. Roberson + Company Realty Advisors, LLC Page 15 Housing Currently, 58.3% of the 435,267 housing units in the area are owner occupied; 31.7 %, renter occupied; and 10.1 % are vacant. Currently, in the U.S., 55.6% of the housing units in the area are owner occupied; 33.1% are renter occupied; and 11.3% are vacant. In 2010, there were 409,820 housing units in the area - 59.8% owner occupied, 29.7% renter occupied, and 10.4% vacant. The annual rate of change in housing units since 2010 is 2.71 %. Median home value in the area is $149,162, compared to a median home value of $207,344 for the U.S. In five years, median value is projected to change by 3.62% annually to $178,183. As of December 31, 2017, there were 2,890 developer -held lots in platted addition in Tulsa County. The actual inventory is higher, as this figure excludes builder -held lots. According to the Realtor's Association of Tulsa, the average year -to -date house sales, as of December, 2017, was $188,746, indicating a 6.2% increase over the corresponding figure for 2016. The median year -to -date home price recorded as of December, 2017 was $156,200, indicating a 4.7% increase over the past year. Employment The Tulsa metro area's non - seasonally adjusted unemployment rate as of December, 2017 was 4.0% based on data from the U.S. Bureau of Labor Statistics. This is a decrease from the July, 2017 rate of 4.7 %. Tulsa's unemployment rate was slightly lower than both the national average of 4.1% and the 4.1 % rate for the State of Oklahoma. The gross product (or value of all goods and services) produced in the seven - county MSA is estimated to be $42.6 billion or 30.4% of Oklahoma's economy. The MSA has 36 companies with more than 1,000 employees, 46 companies with 500 to 999 employees, and 75 companies with 250 to 499 employees. Tables reflecting various employment sectors are identified on the following page: Demographic Summary 11.1% (Metropolitan Statistical Area) 10.07. Population- 2000(Census) 859,532 Population- 2010(Census) 937,478 Population -2017 (Census) 1,010,290 Population- 2022(Estimate) $1,063,326 Average A (2000 -2010) 0.87% Average A (2010 -2017) 1.04% Average A (2017 -2022) 1.03% 2017 Median Age 37.7 Median Household Income (2017) $52.302 Average Household Income (2017) $72,957 Per Capita Income (2017) $28,638 Average Annual 4(2017 -2022) 1.82% Income Ma- $15,000- $24,999(2017) 11.1% Income Mix - $25,000- $34,999 (2017) 10.07. Income Mix - $35,000- $49,999 (2017) 14.5% Income Mix - $50.000- $74,999 (2017) 18.7% Income Mix - $75,000- $99.999 (2017) 12.27. Income Mix- $100,000 - $149,999(2017) 12.6% Income Mix- $150,000 - $199.000(2017) 45% Income Mix- $200,000 +(2017) 4.5% Total Labor Force (MSA) (Dec 2017) 482,300 Unemployment Rate (MSA) (Dec 2017) 4.00% Unemployment Rate (State) (Dec 2017) 4.10% Unemployment Rate (Notionall (Dec 2017) 4.10% Households (2017( Average Household Size (2017( Median Home Sales Price (Jan 2018) (YTD) Av erage Sales Price (Jan 20181 (YTD) New Residential Building Permits (2003) New Residential Building Permits (2004) New Residential Building Permits (2005) New Residential Building Permits (2006) New Residential Building Permits (2007) New Residential Building Permits (20081 New Residential Building Permits (2009) New Residential Building Permits (2010) New Residential Building Permits (2011) New Residential Building Pennts (2012) New Residential Building Permits (2013) New Residential Building Permits (2014) New Residential Building Permits (2015) New Residential Building Permits (2016) New Residential Building Permits (2017) Table I - MSA 391,521 2.54 $107,450 $176,376 3.962 4,269 4.925 4,632 4,288 2,702 2,445 2,138 1,761 2,314 2,727 2731 2,669 2,676 2,795 Employment and Income NOTE: Data are counts ofjobs by place of work. Estimates are based on 2015 figures, seasonally adjusted numbers Table 2 - MSA Analysis Tulsa's major industries are aerospace, including aerospace manufacturing and aviation; health care; energy; machinery and electrical equipment manufacturing and transportation; and distribution/ logistics. Several clusters, or groups of companies within industries that buy or sell to each other in the manufacture of goods for export from the area, have disproportionately large concentrations of employment in the MSA compared to the typical U.S. concentration. Aerospace parts manufacturing is 206% more concentrated in the Tulsa MSA than in the U.S.; oil and gas production and machinery manufacturing is 10.8 times more contracted; and pump and compressor manufacturing is 18.6 times the U.S. concentration, but its heat - exchanger manufacturing sub - cluster is 49.4 times more concentrated than at the U.S. level. General qualities that attract new companies are a sound infrastructure, a cost of doing business that is 15% below the U.S. average and a cost of living that is 12% below the U.S. average. Tulsa's infrastructure for business includes the Port of Catoosa, an inland port that makes bulk shipping to and from coastal ports accessible and economical, and two central networks for broadband interconnect. Tulsa's economy slowed due to the recession from 2008 to 2011, along with the U.S. economy, and lost 27,000 jobs in 2009 and 2010. Consistently high oil prices and firming natural gas prices allowed the Tulsa economy to come out of recession with the rest of the country. However, the prolonged downturn in the oil and gas industry has negatively impacted many local companies and the result has been a moderate number of layoffs. Because the Tulsa economy never - Tulsa MSA %of Total Employment Average WeeWy Earnings Civilian Labor Force Tulsa OK U.S. Tulsa OK U.S. Construction 4.8 4.2 4.4 $ 878 N/A $1,049 Manufacturing 10.7 7.4 8.7 $ 921 N/A $1,017 Trade, Transportation, Utilities 18.2 16.6 19 $ 831 N/A $ 743 Information 1.6 1.2 2 N/A NIA $1.251 Financial Activities 4.8 4.4 5.7 N/A N/A $1,159 Prof. And Business Sew ices 12.4 10.4 13.8 $1,883 $584 $1,070 Educ. And Health Services 14.8 12.6 15.4 $ 658 N/A $ 815 Leisure and Hosp. Sew ices 8.6 8.4 10.6 $ 638 NIA $ 391 Other Services 3.6 3.2 4 N/A N/A $ 706 Government 12.6 19 15.6 NIA N/A NIA NOTE: Data are counts ofjobs by place of work. Estimates are based on 2015 figures, seasonally adjusted numbers Table 2 - MSA Analysis Tulsa's major industries are aerospace, including aerospace manufacturing and aviation; health care; energy; machinery and electrical equipment manufacturing and transportation; and distribution/ logistics. Several clusters, or groups of companies within industries that buy or sell to each other in the manufacture of goods for export from the area, have disproportionately large concentrations of employment in the MSA compared to the typical U.S. concentration. Aerospace parts manufacturing is 206% more concentrated in the Tulsa MSA than in the U.S.; oil and gas production and machinery manufacturing is 10.8 times more contracted; and pump and compressor manufacturing is 18.6 times the U.S. concentration, but its heat - exchanger manufacturing sub - cluster is 49.4 times more concentrated than at the U.S. level. General qualities that attract new companies are a sound infrastructure, a cost of doing business that is 15% below the U.S. average and a cost of living that is 12% below the U.S. average. Tulsa's infrastructure for business includes the Port of Catoosa, an inland port that makes bulk shipping to and from coastal ports accessible and economical, and two central networks for broadband interconnect. Tulsa's economy slowed due to the recession from 2008 to 2011, along with the U.S. economy, and lost 27,000 jobs in 2009 and 2010. Consistently high oil prices and firming natural gas prices allowed the Tulsa economy to come out of recession with the rest of the country. However, the prolonged downturn in the oil and gas industry has negatively impacted many local companies and the result has been a moderate number of layoffs. Because the Tulsa economy never - Tulsa MSA (1 ) Number of persons not seasonally adjusted. (2) Number of jobs not seasonally adjusted. Table 3 -MSA Dec 2017 Labor Force Data 111 Civilian Labor Force 482.3 Employed 462.8 Unemployed 19.5 Unemployment Rate 4.0% Non -Farm Employment 121 Total Non -Farm 454.2 12-month % change 2.0% Mining and Logging 5.5 12-month % change -1.8% Construction 24.2 12-month % change 10.0% Manufacturing 47.7 12-month % change 5.517. Trade, Transportation, and Utilities 91.7 12-month % change 1.1% Information 7.6 12-month % change 2.7% Financial Activities 23.4 12-month % change 0.0% Professional and Business Services 59.1 12-month % change 3.7% Education and Health Services 73.0 12-month % change 2.7% Leisure and Hospitality 42.8 12-month % change -3.2% Other Sery ices 18.0 12-month % change 1.1% Government 61.2 12-month % change 0.87. (1 ) Number of persons not seasonally adjusted. (2) Number of jobs not seasonally adjusted. Table 3 -MSA contracted as much as the U.S. economy as a whole, Tulsa continues to be positioned to grow faster than the U.S. in both, employment and the production of goods and services. With its cost of doing business at 15% under the U.S. average due to low rent, energy costs and taxes, Tulsa should continue to be a prime location for industry prospects looking to relocate or expand at a steady pace. Summary Capital continues to be available for sound investors and mortgage interest rates for both residential and commercial projects remain at or near a 30 -to -40 -year low. Sale volumes for both residential and commercial real estate have slowly increased after the downturn caused by the recession. Prices seem to have stabilized, and in some instances, are increasing. For the most part, recent surveys of the office, industrial, retail and multi - family markets indicate positive trends. The Tulsa area employment outlook is good and unemployment has decreased from levels experienced in previous years. Tulsa remains a very affordable city in which to reside and conduct business. According to Aaron D. Smith with Moody's, "Longer term, Tulsa will grow its healthcare and professional, scientific, and Real Estate Sectors Office Market -Mid -Year 2016 $10.86 1 CEO Rental Rate /SF $14.31 T CEO Vacancy 12.107. 1 Suburban Rental Rate _ Suburban Vacancy _ Ave. Aggregate Rental Rate $14.05 1 Ave. Aggregate Vacancy Rate 13.10% T Net Absorption (Prior 6 mos.) 148,760 T Retail Market -Mid -Year 2016 Av erage Rental Rate /SF $10.86 1 Average Vacancy 5.00% Class A Vacancy 2.80% 1 Net Absorption /SF (Prior 6 mos.) 739,799 T Under Construction 290,140 1 Industrial Market - Mid -Year 2017 Overall Av erage Rent/SF $5.42 1 Overall Av erage Vacancy 4.10% 1 Net Absorption /SF (Pnor6 mos.) 1,054.000 T Under Construction /SF 599.196 1 Multifamily Market- Year -End 2015 Tulsa Vacancy Rate 8.0 %T Average Rent (I BR -1 BTH) $555T Average Rent (2 BR -2 BTH) $721 - To ble 4 - MSA Analysis technical services core to become an above average performer in terms of employment and income growth." Neighborhood Data and Analysis A neighborhood "is a group of complementary land uses," as defined in the Appraisal of Real Estate, 11}h Edition. When determining a neighborhood, consideration must be given to location, land use patterns, existing development, proposed development, demographics, available utilities, and linkages in respect to the property appraised. In this analysis, a discussion of the neighborhood and district boundaries; the type of properties located within the neighborhood (land use patterns), areas of growth; demographic trends; public infrastructure; and the overall outlook for the subject's neighborhood are provided. Neighborhood Boundaries Based on our analysis of the neighborhood, we believe a reasonable neighborhood for the subject is the City of Owasso. n q CZ's 2G Ii -- U'S 75 U5 71 US 75 � US76f US 169 0.z Avinn Country ._ .FSfmri AirParf _ I OHO r i us 169 II % I/-j / _ - -- OK 166 R.I Park OK G PwR / — 1 �' i US 169 - 1 - OA GG. I lyy. J r 1. s1 1 L I,. OK 11 lLrso7nthnduono! '1'3 I: !�9 C .: �i._ -. �. -51, f_ =1� •_ _�_ Imo_ r.,....<a. Roberson + Company Realty Advisors, LLC Page 19 OK 2U CA 23 r f I r i us 169 II % I/-j / _ - -- OK 166 R.I Park OK G PwR / — 1 �' i US 169 - 1 - OA GG. I lyy. J r 1. s1 1 L I,. OK 11 lLrso7nthnduono! '1'3 I: !�9 C .: �i._ -. �. -51, f_ =1� •_ _�_ Imo_ r.,....<a. Roberson + Company Realty Advisors, LLC Page 19 Population In the identified area, the current year population is 34,530. In 2010, the Census count in the area was 29,678. The rate of change since 2010 was 2.11% annually. The five -year projection for the population in the area is 37,603 representing a change of 1.72% annually from 2017 to 2022. Currently, the population is 48.4% male and 51.5% female. Households The household count in this area has changed from 10,931 in 2010 to 12,600 in the current year, a change of 1.98% annually. The five -year projection of households is 13,668, a change of 1.64% annually from the current year total. Average household size is currently 2.72, compared to 2.69 in the year 2010. The number of families in the current year is 9,301 in the specified area. Households by Income Current median household income is $70,661 in the area, compared to $56,124 for all U.S. households. Median household income is projected to be $77,489 in five years, compared to $62,316 for all U.S. households. Current average household income is $85,393 in this area, compared to $80,675 for all U.S. households. Average household income is projected to be $95,152 in five years, compared to $91,585 for all U.S. households. Current per capita income is $31,284 in the area, compared to the U.S. per capita income of $30,820. The per capita income is projected to be $34,694 in five years, compared to $34,828 for all U.S. households. Housing Currently, 67.4% of the 13,153 housing units in the area are owner occupied; 28.4 %, renter occupied; and 4.2% are vacant. Currently, in the U.S., 55.6% of the housing units in the area are owner occupied; 33.1% are renter occupied; and 11.3% are vacant. In 2010, there were 11,594 housing units in the area - 66.6% owner occupied, 27.7% renter occupied, and 5.7% vacant. The annual rate of change in housing units since 2010 is 5.77 %. Median home value in the area is $183,044, compared to a median home value of $207,344 for the U.S. In five years, median value is projected to change by 2.93% annually to $211,485. History of Ownership Fee simple title to the subject property appears to be held by Virginia Potts (Arnold) Grider, who acquired title, via a Warranty Deed, from Peace Pipe, Inc., on March 17, 1999 (Book: 6201 / Pages: 28 -29). According to the county clerk, there have been no other sales or transfers of title on the subject property for the three years prior to the effective date of this appraisal. TULSA COUNTS CLERK - JOAN HASTINGS RCPT 349545 04115199 11:27:13 00C N 99043572 FEE 10.00 PGS 2 HIP 6201/0028 -0029 VV TiRANT' &EEil �`aK' Tess': (� >:... sector FDnn :� -�••_ r" - 8notb 411 0,. EP Cbenr j)rnenu: •. •'� �. 4 AN9N� re FeHSF_PSPO r. IBC., h "n „nn,n..,,no „eo• "c' 1. aaa.id .... k. al the wm ALL&fLl &V4., otr_'tr�te. ...... DOLLARS 1h hw PAd, a. icici 61 which 4 S.ny sAm WtcL THE SAME LEIKG rV:i DC HELD BY 1 —O . -_._.. _�._.... D U _... _._. E, 3' `i N•HHVV TLD 9iA'!E: 31 Rfi fil'biECt TD i58R5E YT UND£R'f11E+- UrEHVISJOB OFT'3 ^S.CC ?. TARY OF IRE INTERIOR de ...... hcM, gp,ih, w.o... .�4 1 ... .,i., LHiBia, POto ... (ALno 1d) t , ,p r spider........_._ Q!),.BOA6�'._4(wgQL�... /.CK- ....... ' .. IM fakNn: dcccl a iw _. ....__.....- ................... _.__.. Co..... Sm. a30NaGau.. a.3: LOT THREE (3) , BLOCK ONE (1) , GERMAN ACRES, A SUBDIVISION LOCATED IN THE - N/2 SW /4 NW /4 OF SECTION 8, T21N, R14E, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, LESS AND EXCEPT THE FOLLOWING DESCRIBED PART MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE NORTHEAST CORNER OF LOT 3, BLOCK 1, GERMAN ACRES: _ THENCE S 19- 58 -42 -W FOR A DISTANCE OF 96.14 FEET TO A POINT; THENCE N 3 °36128” E FOR A DISTANCE OF 69,31 FEET TO A POINT: THENCE N 26 °13'03' E FOR A DISTANCE OF 23.60 FEET TO A POINT ON THE NORTH LINE OF LOT 3, BLOCK 1, GERMAN ACRES; THENCE N 89 °58'40” E FOR A DISTANCE OF 18.06 FEET TO THE POINT OF BEGINNING. To the appraiser's knowledge, the subject property is not currently listed for sale, and there are no pending contracts of sale. Ad Valorem Taxes and Assessment Analysis Ad valorem tax is a property tax based on the county assessor's estimation of the property's "fair cash value" (the price for which it would sell when both buyer and seller want the best price and neither one is under pressure to buy or sell). The "fair cash value" may, or may not, be equal to the property's "taxable value ", which accounts for substantial increases in market value. The "taxable value" is then refined by the county's assessment ratio, and its tax (millage) rate. The net computation indicates the property's ad valorem tax total for the calendar year. The county assessor identifies the subject property as Parcel No. 61070- 14 -08- 48360. For 2017 tax purposes, the county assessor valued the subject property with a fair market /total taxable value of $171,6500 (the assessors website does not indicate that date of the last notice of value change). The contributory value of the underlying land is estimated at $101,000 within the assessor's estimated value. The county assessment ratio is 11 %, and the 2017 tax rate for the subject's school district was $108.86 per $1,000 of assessed value. According to the county treasurer's office, the property is currently tax exempt Future Ad Valorem Taxes For 2018 tax purposes, the county assessor currently values the subject property with a fair market /total taxable value of $171,600. Tax rates for each school district are established annually and are usually set in November. Therefore, the 2018 taxes have yet to be officially determined. On taxable properties, one -half of the 2018 taxes are due by December 31, 2018, with the remainder due by March 31, 2019. Interest charges will be added to delinquent tax bills. As previously noted, the subject is currently tax exempt. Site Data & Analysis Exhibits can be found on the following pages to assist the reader in visualizing the subject site, while characteristics of the site are summarized as follows: Location The subject site is located within the German Acres subdivision, on the northeast corner of the intersection of North Garnett Road and East 113th Street North, approximately 1/4 mile south of East 1 16th Street North. The physical address of the property is 11301 North Garnett Road, Owasso, Oklahoma 74055. This location is approximately three and a half miles north of downtown Owasso. The site is located on the north side of the city, within the Owasso Public School District. The primary land uses in the subject's general area are office and single - family residential. Legal Description A detailed legal description of the subject site can be found in the Addendum of this report. Parcel Number 61070 -14 -08 -48360 Site Size Acres Square Feet Dimensions Tract Shape Primary Site Size 0.77 33,655 Various St. Irregular Acquisition Area Utility Easement 0.03 1,302 ±130.23 "x ±10' Rectangular Temp Const Easement 0.01 332 ±33.94'x ±10.08' Rectangular Total Acquisition Area 0.04 1,634 ±100'x ±34.015' Rectangular Net Site Size 0.74 32,021 Various 51. Irregular Verification The primary site size is based on the final plat that is filed of record with the Tulsa County Courthouse. The primary site size is subject to verification by an ALTA survey. The sizes of the acquisition areas are based on the legal descriptions, with corresponding size totals, that were prepared by McClelland Consulting Engineers, Inc., on November 1, 2016. Physical Description Tract Location Corner location with primary frontage along an arterial / section line road Topography Gently sloping. Google Earth elevation points (estimated): northeast corner - 731'; northwest corner - 735; southeast corner - 733'; southwest corner - 734' Drainage Generally, from east to west. The site appears to drain adequately. Functional Utility The tract shape, topography, and drainage do not result in any particular hindrances to development. Neighborhood Life Growth. The subject's immediate area is currently experiencing gains in public favor, acceptance, and market demand. Primary Frontage Street North Garnett Road. The street does not have off -site features such as curbs, gutters, sidewalks, streetlights, etc.; however, this is typical for the area. There are barrow ditches that parallel North Garnett Road Frontage - LF (approx.) ±130' of frontage on the east side of North Garnett Road Paving Asphalt Lanes Two Median Blocked No Direction of Traffic North / South Street Type Arterial / Section Line Property Access Points One Traffic Level - Daily Moderate - 8,447(2014) Traffic Control Stop lights at the closest major intersections Expansion The widening of Garnett Rd. from 96th St. N. to 1 16th St. N. will take place in two separate stages over the next two years - the first mile, from 96th St. N. to 106th St. N., and the second mile, from 106th St. N. to 1 16th St. N. The widening work, in development over the last four years, is one of a dozen major street renovation projects underway or in the planning stages in and around Owasso. The City is carrying out the Garnett project to improve overall traffic flow and increase safety in congested areas, particularly in light of recent statistics that show a need for widening projects on roads where at least 8,000 vehicles drive on a daily basis. Right -of -way and easement obtainment for the first mile of Garnett began in Oct. 2015. Officials had originally targeted a completion date of Dec. 2018. Secondary Frontage Street East 113th Street North. The street does not have off -site features such as curbs, gutters, sidewalks, streetlights, etc. (typical for the area) Frontage - LF (approx.) ±250' of frontage on the north side of East 1 13th Street North Paving Asphalt Lanes Two Median Blocked No Direction of Traffic East / West Street Type Secondary Property Access Points One Traffic Level - Daily Low Traffic Control Stop signs at the closest major intersections Flood Zone Panel Number 40143C01 30K Date March 3, 2009 Zone Unshaded Zone X (areas determined to be outside the 0.2% annual chance floodplain) Description The subject site is not located within a FEMA identified flood hazard area. Utilities Provider Availability Water City Yes Sewer City Yes Gas ONG Yes Electric PSO Yes Overall The subject site is served by all utilities in sufficient capacity to support most light -to- moderate uses. I• r Jurisdiction City of Owasso District CS - Commercial Shopping Center Description The CS District is designed to accommodate convenience, neighborhood, subcommunity, community, and regional shopping centers providing a wide range of retail and personal service uses. Conforming Use* The present improvements appear to be legally conforming. Other Easements/ We were not provided with an ALTA survey, and are unaware of any Encroachments`* easements or encroachments that negatively impact the property. Environmental We were not provided with an environmental audit, or a soil survey, and are unaware of any subsurface rock formations, or environmental issues, impacting the property. Ground Stability No problems were reported or observed. Subject to an engineer's report. Assumptions This appraisal is based on the assumption there are no easements, encroachments, or environmental issues that negatively impact the property. Surrounding Land Uses North Kids Club House & Academy, The Mission - First Baptist Owasso (currently being developed), etc. South German Acres Center (Vaping Kicks Ash, Tanning & Massage, Ladies Fine Consignment, etc.), etc. East German Corners Mobile Home Village, etc. West Maid In Owasso, Cape Vape Cafe, Vacant Undeveloped Land, Vines Center (Daylight Donuts, Barber Pole, AJ Tag Agency, Simple Simons Pizza), Vines Storage, Single- family Residential Subdivision (Half Acres), etc. Summary Overall, the physical characteristics of the site result in functional utility suitable for a variety of uses, including those permitted by zoning. The subject's immediate area is currently experiencing gains in public favor, acceptance, and market demand. The site is positively impacted by its location along a stretch of North Garnett Road that is scheduled to undergo expansion, as well as its current zoning designation; however, it is negatively impacted by its proximity to the German Corners Mobile Home Village. A qualified land use attorney should be engaged if a determination of compliance with zoning is required Aerial of the subject's general area Aerial of the subject's immediate area Roberson + Company Realty Advisors, LLC Page 27 Subject Site Site Delineation Roberson + Company Realty Advisors, LLC Page 28 Looking north on North Garnett Road Looking west on East 113th Street Illi ml J 11330—c—ell—c—y" 6le S.M.11 P -- 1130qjP Jmoo 1: ids Clj.i;t Npife OK &Acud-,;, 113 It, II ?-0I 11230 1.1 UNIX, 11215 VAPING Ki- 4Sj.j . Looking south on North Garnett Road "My Looking east of East I 13th Street L'L li�;' F Roberson + Compa 1 1 Page 29 E IU6:I151H,^. Owasso Public Schools r I111-:11 SC�100� �IStrlct Roberson + Company Realty Advisors, LLC Page 30 Part IV - Analysis of Data and Value Conclusions Highest and Best Use Analysis The Appraisal of Real Estate, 1 1 th Edition, defines highest and best use as follows: "The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value." The opinion of such use may be based on the highest and most profitable continuous use to which the property is adapted and needed, or likely to be in demand in the reasonably near future. However, elements affecting value that depend on events or a possibility, or are not fairly shown to be reasonably probable, should be excluded from consideration. Also, if the intended use is dependent on an uncertain act of another person, the intention cannot be considered. In estimating highest and best use, there are essentially four stages of analysis: Legally Permissible: What uses are permitted by zoning and deed restrictions on the site in question? >> Physically Possible: What uses are physically possible for the site? >> Financially Feasible: Which possible and permissible uses will produce a net return to the owner of the site? Maximally Productive: Of the financially feasible uses, which use produces the highest residual land value consistent with the rate of return warranted by the market for that use? The highest and best use of the land if vacant and available for use may be different from the highest and best use of the improved property. This is true when the improvement is not an appropriate use, but it makes a contribution to the total property value in excess of the value of the site. The following tests must be met in estimating the highest and best use: the use must be legal; the improvements must be physically possible; there must be a profitable demand for such use and it must return to the land the highest net return for the longest period of time. These tests have been applied to the subject property as a vacant site and improved property. In arriving at the estimate of highest and best use, the subject site was analyzed: 1) as if vacant and available for development and 2) as presently improved. As vacant, the highest and best use of the subject site is development of a build -to -suit, or owner - occupied, commercial property that conforms to zoning. As improved, the present improvements are considered the highest and best use of the property. The Appraisal Process The appraisal process is the orderly program in which the data used to estimate the value of the subject property is acquired, classified, analyzed, and presented. The appraisal process includes the identification of real estate, effective date of value estimate, property rights appraised, type of value, site description, highest and best use analysis, and the application of the Sales Comparison Approach. The subject site is improved with a retail building; however, based upon our review, we do not feel the improvements are impacted by the proposed acquisition, and as such, the valuation pertains to the underlying land. Because of this, the Cost and Income Approaches are not applicable. Site Valuation — Before Acquisition To estimate the market value of the subject site, an investigation was completed for the immediate vicinity and general area for sales of comparable sites. The sales used in this analysis are the most comparable available as of the effective date of this report. There are several methods available for estimating the market value of the subject site. Some of these methods include: sales comparison analysis, income capitalization and the sub - division method. The most common method used is the sales comparison technique which compares known land sales to the subject site, assuming fee simple ownership and a vacant site ready for development. Therefore, for purposes of this report, only the sales comparison approach will be used. This technique provides an estimate of market value based on analyzing sales of similar tracts in the market area and directly comparing these properties to the property being appraised. This method is based on the premise that an informed purchaser would pay no more for a property than a similar property with the same utility. When there are an adequate number of sales of truly similar properties with sufficient information for comparison, a range or specific value for a property can be determined. Elements of Comparison This comparative analysis focuses on similarities and differences among properties that affect value. Some of the items considered when directly comparing the comparable sales to the subject property are: >> Property Rights Conveyed: fee simple, leased fee, leasehold, partial interests, etc. >> Financing Terms: seller financing, assumption of existing below market financing, installment sales contract, or any unconventional financing. >> Conditions of Sale: motivation of buyer and seller, assemblage, forced sale, REO transaction, related party transaction, etc. >> Expenditures Made Immediately after Purchase: demolition and removal costs, extending utilities, petition for a zoning change, etc. >> Market Conditions: appreciation, depreciation, changes in supply and demand, etc. >> Location: demand, traffic, exposure, corner, view, surrounding uses, etc. >> Access: number of access points, location of access points, median blocked, etc. Entitlements: surveying, platting, rezoning, zoning variances, use permits, utility approvals, road approvals, landscaping approvals, etc. Use Restrictions: zoning, covenants /restrictions, easements, etc. 0 Physical Characteristics: size, utility availability, topography, tract shape, etc. Brokers, buyers, property owners and real estate analysts typically negotiate or communicate based on a per square foot basis for smaller vacant land tracts; therefore, we believe it is appropriate to follow a similar trend when estimating the market value of the subject property. The comparable sales used in the forthcoming analysis are believed to be the most recent sales of properties that are relatively similar to the subject property, and they provide reasonable indicators of value. The comparable sales are summarized below, followed by a sales map identifying each comparable sale in relation to the subject property, summary sheets for the comparable sales, analysis of the comparable sales, and an adjustment grid. c9np6ade&No Summon Gne Sale Mess GIy SalelNh SaIm Pnoe prW SgwmFM Tapa CoWrLM UdifluO ]ONng 55F 12 EoVlWhSheel NonA Daaea 1131118 565am3 275 111.. Genlly ROlGng No NI AG ICP•Commmtlo5 AI6 3 12)16 EW I WINS1,ae1 Wrh Wawv V"17 WS= 275 119,M) Gn11y RaAInO No NI AG ICP - COmmwtldl 50.97 5 1'AIS EW MIN Aree1 NMN avow WV /16 50. = 3i0 MM5 Gmw.WtWvel No AN IwtlWlMe. wale ml ulmeeel f3 5265 < 11962 NWN GnreII ROW Wwo 9/8/15 SWAT 1.15 4.961 GwolKwel No M CS 31.M U"M111101 NolIN GamIl ROW L GW - 5fl= 141 191.596 GewollyL M YIN M CG aw Ilati,g31=115os11161N5hee1NWh Qano - W..= 810 =?M Genttalry Lev& Ym W.I.. Lx x. 6Gm AG ICP -C—edl SL. UW, 311TH NWh GoroM RWd Oxam - SN9.3S1 =I W.W1 G Mfl,,LwN No AN M aw 'W Psspwqueba, Roberson + Company Realty Advisors, LLC Page 34 Grantor Grantee Sale Date Sales Price Verified By Verified With Financing Recorded Site Size -Acres Site Size - SF Tract Shape Dimensions Corner Lot Topography Drainage Flood Zone Utilities Zoning $ /SF 12602 East 116th Street North Owasso Sale Details Gary Neil & Traci W. Conley Cross Timbers Ranch, LLC 1/31/2018 $450,000 Broker D.C. Roberts Cash 2018009896 2.75 119,700 Rectangular ±285' x ±420' No Gently Rolling Adequate No All AG (CP = Commercial) $3.76 Physical Data Functional Utility Adequate Primary Street East 116th Street Nort h Street Type Frontage Traffic Level Access Points Secondary Street Street Type Frontage Traffic Level Arterial / Section Line ±285' Heavy One Access Points - Economic $ /Acre $163,759 Comments The comparable contains approximately 2.75 acres, or 119,700 square feet. It is a rectangular- shaped tract that has gently rolling topography, all utilities available, and AG (CP = Commercial) zoning. The comparable has approximately ±285' of primary frontage along East 116th Street North. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have adequate functional utility on its date of sale. At the time of sale, the site was improved with a 1,429 square foot residential house. The comparable is located within the Ranch Creek Sewer Service Assessment Area, which has a development fee (payback) of $610.33 /acre. The site was acquired by an adjacent property owner (12708 E. 116th Street North). According to Ms. Roberts, the buying entity purchased the site as an investment and did not have any immediate plans to develop. It should be noted that the City of Owasso's comprehensive plan identifies the future zoning for this parcel as commercial. The site was originally listed for sale at $500,000, or $4.18 per square foot. The site is located outside of the Owasso City Limits; however, it is located within the Owasso fence line. Roberson Advisors. LLB Pepe 3ti 12708 East 116th Street North L__ J Owasso Sale Details Grantor SPI Commercial, LLC Grantee Cross limbers Ranch, LLC Sale Date 5/30/2017 Sales Price $595,000 Verified By Other Verified With Deed Financing Third Party Recorded 2017050588 Site Size -Acres 2.75 Site Size - SF 119,700 Tract Shape Rectangular Dimensions ±285' x ±420' Corner Lot No Topography Gently Rolling Drainage Adequate Flood Zone No Utilities All Zoning AGR (CP = Commercial) Physical Data Functional Utility Pri mary Street Street Type Frontage Traffic Level Access Points Secondary Street Street Type Frontage Traffic Level Access Points Economic $ /SF $4.97 $ /Acre Comments Adequate East 116th Street North Arterial / Section Line ±285' Heavy One $216,526 The comparable contains approximately 2.75 acres, or 119,700 square feet. It is a rectangular- shaped tract that has gently rolling topography, all utilities available, and AGR (CP = Commercial) zoning. The comparable has approximately ±285' of primary frontage along East 116th Street North. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have adequate functional utility on its date of sale. At the time of sale, the site was improved with a single - family residence, (unclear how this was handled in the purchase price). The comparable is located within the Ranch Creek Sewer Service Assessment Area, which has a development fee (payback) of $610.33 /acre. It should be noted that the City of Owasso's comprehensive plan identifies the future zoning for this parcel as commercial. The site is located outside of the Owasso City Limits; however, it is located within the Owasso fence line. Roberson + Company Realty Advisors, LLC Page 36 Grantor Grantee Sale Date Sales Price Verified By Verified With Financing Recorded Site Size - Acres Site Size - S F Tract Shape Dimensions Corner Lot Topography Drainage Flood Zone Utilities Zoning 12918 East 76th Street North Owasso Sale Details U.S. Asset Management, Inc. Tony Bruce, Sr. 3/29/2016 $450,000 Other Deed Cash 2016029039 Physical Data 3.90 170,075 Nearly Square ±440' x ±387' No Generally Level Adequate No All (available, water not extended) CS $ /SF $2.65 Functional Utility Primary Street Street Type Frontage Traffic Level Access Points Secondary Street Street Type Frontage Traffic Level Access Points Economic Comments Adequate East 76th Street North Arterial / Section Line ±40' Moderate One North 129th East Ave Secondary / Section Line ±20' Moderate One The comparable contains approximately 3.9 acres, or 170,075 square feet. It is a nearly square- shaped tract that has generally level topography, all (available, water not extended) utilities available, and CS zoning. The comparable has approximately ±40'of primary frontage along East 76th Street North, and approximately ±20' of secondary frontage along North 129th East Ave. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have adequate functional utility on its date of sale. It should be noted that the land area conveyed on the deed listed above does not Include any direct frontage on East 76th Street North or North 129th E. Avenue. Frontage on East 76th Street North is provided by a ±10,089 5F mutual access and utility easement that was filed five months after the sale between the some grantor and grantee (Doc # 2016080116). It is assumed that this agreement was in place before the purchase of the real estate and its consideration is embedded in the aforementioned purchase price. Frontage on North 129th E. Avenue is provided by a ±4,400 SF utility easement to the City of Owasso on January 23, 1995 (Book: 5692 /Page: 1042). Easements outlined in orange in the picture above. The site was purchased for the development of a self - storage facility (buying entitysecured a $1,937,609 third -party mortgage on 12/15/16). Roberson + Company Realty Advisors, LLC Page 37 �! 11762 North Garnett Road Owasso Sale Details Grantor Wedel Trust Grantee Clinch Real Estate, LLC Sale Date 9/8/2015 Sales Price $90,000 Verified By Other Verified With Deed Financing Third Party Recorded 2015082507 & 2015082508 r em � Physical Data Site Size - Acres 1.15 Functional Utility Adequate Site Size - SF 49,961 Primary Street North Garnett Road Tract Shape Rectangle Street Type Arterial / Section Line Dimensions ±153'x±352' Frontage ±153' Corner Lot No Traffic Level Moderate Topography Generally Level Access Points Zero (on date of sale) Drainage Adequate Secondary Street - FloodZone No Street Type - Utilities All Frontage - Zoning CS Traffic Level - Access Points - Economic $ /SF $1.80 Comments The comparable contains approximately 1.15 acres, or 49,961 square feet. It is a rectangle- shaped tract that has generally level topography, all utilities available, and CS zoning. The comparable has approximately ±153' of primary frontage along North Garnett Road. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have adequate functional utility on its date of sale- The site was purchased by an adjacent property owner to the south (recently developed Owassol80 Gym). A portion of the site ( ±9,639.25 SF) was dedicated as a detention easement to the City of Owasso on May 6, 2016 (Doc # 2016045591). The detention area, which appears to benefit the entire subdivision, reduces the net usable area of the site (increases the net usable $ /SF to $2.23). The site is located approximately 691' north of East 116th Street North. Roberson + Company Realty Advisors, LLC Page 38 • 11101 North Garnett Road Owasso Grantor Grantee Sale Date Sales Price Verified By Verified With Financing Recorded Site Size - Acres Site Size - SF Tract Shape Dimensions Corner Lot Topography Drainage Flood Zone Utilities Zoning Listing $ /SF Sale Details Martin P. Fischer Trust For Sale (Under Contract) $499,000 Broker Mike Marrara Physical Data _ 4.40 Functional Utility Adequate 191,596 Primary Street North Garnett Road Nearly Square Street Type Arterial / Section Line ±465'x ±412' Frontage ±465' Yes Traffic Level Moderate Generally Level Access Points Zero (currently) Adequate Secondary Street East 112th Street North No Street Type Secondary All Frontage ±412' CG Traffic Level Low Access Points One Economic $2.60 Comments The comparable contains approximately 4.4 acres, or 191,596 square feet. It is a nearly square - shaped tract that has generally level topography, all utilities available, and CG zoning. The corner lot has approximately ±465' of primary frontage along North Garnett Road, and approximately ±412' of secondary frontage along East 112th Street North. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have adequate functional utility on its date of sale. The site is comprised of four platted lots (10 -13). There is sanitary sewer along the west line and water lines along the street rights -of -way. Of note, a force main sewer line connecting to the mobile home park to the east travels east /west through the center of the site (along the south line of Lot 12, and the north line of Lot 11). Currently, this restricts development on the site; however, the buyers intend to spend additional money (Mr. Marrara did not know the estimated amount) relocating this sewer line. According to Mr. Marrara, the site is being purchased for the development of a multifamily complex. The site is located on the northwest comer of North Garnet Road and East 112th Street North, approximately 1/3 mile south of East 116th Street North. Roberson + Company Realty Advisors, LLC page 39 12525 East 116th Street North 0 Owasso Sale Details Grantor Mary Beth Retherford Grantee For Sale Sale Date - Sales Price $440,000 Verified By Broker Verified With Stan Frisbie Financing ±415' x ±850' Recorded ±415' Physical Data Site Size - Acres 8.10 Functional Utility Slightly Limited Site Size - SF 352,750 Primary Street East 116th Street North Tract Shape Rectangular Street Type Arterial / Section Line Dimensions ±415' x ±850' Frontage ±415' Corner Lot yes Traffic Level Moderate Topography Generally Level Access Points One Drainage Adequate Secondary Street North 126th East Avenue Flood Zone No Street Type Secondary Utilities Water, Sewer, & Gas Frontage ±850' Zoning AGR (CP = Commercial) Traffic Level Low Access Points Zero (currently) Listing $ /SF $1.25 Economic Comments The comparable contains approximately 8.1 acres, or 352,750 square feet. It is a rectangular- shaped tract that has generally level topography, water, sewer, & gas utilities available, and AGR (CP = Commercial) zoning. The comer lot has approximately ±415' of primary frontage along East 116th Street North, and approximately ±850' of secondary frontage along North 126th East Avenue. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have slightly limited functional utility on its date of sale. The site does not currently have sanitary sewer service; however, the City of Owasso's Land Use Master Plan identifies the future zoning of the site as commercial. It should be noted that this site includes a single - family residence that is considered to be an interim use. The site is located on the north side of East 116th Street North, approximately 865' west of North 129th East Avenue. The site is located outside of the Owasso City Limits; however, it is located within the Owasso fence line. Roberson + Company Realty Advisors, LLC Page 40 ® North Garnett Road wass • Owasso Sale Details Grantor NeorlySquare Grantee ±307' x ±326' Sale Date - Sales Price $249,381 Verified By Broker Verified With Nick Lombardi Financing All Recorded - George &Katherine Wedel For Sale Site Size - Acres 2.29 Site Size - SF 99,901 Tract Shape NeorlySquare Dimensions ±307' x ±326' Corner Lot No Topography Generally Level Drainage Adequate Flood Zone No Utilities All Zoning CS Listing $ /SF $2.50 Physical Data Functional Utility Primary Street Street Type Frontage Traffic Level Access Points Adequate North Garnett Road Arterial / Section Line ±307' Moderate Zero (currently) Secondary Street - Street Type - Frontage - Traffic Level - Access Points - Economic Comments The comparable contains approximately 2.29 acres, or 99,901 square feet. It is a nearly square- shaped tract that has generally level topography, all utilities available, and CS zoning. The comparable has approximately ±307' of primary frontage along North Garnett Road. The site is not located within a flood hazard area, and it has adequate drainage. Overall, the comparable was believed to have adequate functional utility on its date of sale. The site is located in the Wedel Centre subdivision, which was developed in 2007. The slow -to- develop subdivision consists of five platted lots. Presently, two of the lots have been developed; however, this development spanned multiple years as Lot 5 was developed in 2008 (Mom's Diner) and Lot 4 was developed in 2014 (Owassol80 Gym). The site is located approximately 844' north of East 116th Street North. Roberson + Company Realty Advisors, LLC Page 41 Analysis of the Comparable Sales The comparable sales do not provide sufficient support for paired sales analysis; therefore, relative comparison analysis is used in estimating market value for the subject property. Relative comparison analysis is defined in The Appraisal of Real Estate, I l +h Edition as "the study of the relationships indicated by market data without recourse to quantification." The comparable sales represent the most recent sales of similar type properties in the general area. The comparable sales are analyzed based on the typical common elements of comparison. Based on an analysis of the comparables, adjustments are not warranted for property rights, financing terms, conditions of sale, expenditures made immediately after purchase, or market conditions. Relative comparison is provided as follows: Sale 1 The comparable is approximately 256% larger than the subject site. A size discrepancy of this magnitude is typically associated with a lower selling price per square foot. The comparable is superior in location due to its surrounding development, which is perceived as more desirable than the subject's surrounding development. All things considered, the comparable is thought to be superior to the subject site in overall comparison. Sale 2 The comparable is approximately 256% larger than the subject site. A size discrepancy of this magnitude is typically associated with a lower selling price per square foot. The comparable is superior in location due to its surrounding development, which is perceived as more desirable than the subject's surrounding development. All things considered, the comparable is thought to be superior to the subject site in overall comparison. Sale 3 The comparable is slightly superior in location due to its surrounding development, which is perceived as slightly more desirable than the subject's surrounding development. The comparable is approximately 405% larger than the subject site. A size discrepancy of this magnitude is typically associated with a lower selling price per square foot. The comparable is slightly inferior in tract shape when taking into consideration it has considerably more depth than frontage, which results in diminished utility. All things considered, the comparable is thought to be similar to the subject site in overall comparison. Sale 4 The comparable is inferior in location due to its surrounding development, which is perceived as less desirable than the subject's surrounding development. The comparable is approximately 48% larger than the subject site. A size discrepancy of this magnitude is typically associated with a slightly lower selling price per square foot. The comparable is inferior in tract shape when taking into consideration that it has considerably more depth than frontage, which results in diminished utility. All things considered, the comparable is thought to be inferior to the subject site in overall comparison. Listing 1 The comparable is superior in location due to its surrounding development, which is perceived as more desirable than the subject's surrounding development. The comparable is approximately 469% larger than the subject site. A size discrepancy of this magnitude is typically associated with a lower selling price per square foot. The comparable is slightly inferior in zoning because its zoning classification is slightly more restrictive than the subjects. The comparable is inferior in easements when taking into consideration the force main sewer line that currently bisects the center of the site. All things considered, the comparable is thought to be similar to the subject site in overall comparison. Listings typically represent the upper end of the range that a buyer is willing to pay and the subsequent sales price is typically less than the list price; however, according to Mr. Marrara, the previously referenced listing price is the price at which the comparable is under contract to sell. Listing 2 The comparable is superior in location due to its surrounding development, which is perceived as more desirable than the subjects surrounding development. The comparable is approximately 948% larger than the subject site. A size discrepancy of this magnitude is typically associated with a lower selling price per square foot. The comparable is inferior in utilities because it did not have all utilities available to the site on its date of sale. The comparable is slightly inferior in tract shape when taking into consideration that it has considerably more depth than frontage which results in diminished utility. All things considered, the comparable is thought to be inferior to the subject site in overall comparison. Listings typically represent the upper end of the range that a buyer is willing to pay and the subsequent sales price is typically less than the list price. Listing 3 The comparable is slightly inferior in location due to its surrounding development, which is perceived as slightly less desirable than the subjects surrounding development. The comparable is approximately 197% larger than the subject site. A size discrepancy of this magnitude is typically associated with a lower selling price per square foot. All things considered, the comparable is thought to be slightly inferior to the subject site in overall comparison. Listings typically represent the upper end of the range that a buyer is willing to pay and the subsequent sales price is typically less than the list price. The comparable sales adjustment grid is provided on the following page: Comparable Sales Adjustment Grid Summary and Value Conclusion Sale3 Sale Sale Sales Price $450,00D $595.0W Sales Price/SF $3.76 $4.97 Property Rights $2.65 $1.80 Comparison Similar Similar Adjustment -04 � Financing Terms Similar -04 Comparison Similar Similar Adjustment -d Similar Conditions of Sale Similar Similar Comparison Similar Similar Adjustment -P -U Expenditures After Purchase Similar Similar Comparison Similar Similar Adjustment -0- -4 Market Conditions Similar Similar Compadson Similar Similar Adjustment 4)- A Adjusted sales Price $450,000 $595,OOD Adjusted Sale PrTce/SF $3.76 $4.97 Physical Characteristics 4)- -0- Location Superior Superior Size Larger Larger Zoning Similar Similar utilities Similar Similar Easements Similar Similar Topography Similar Similar Tract Shape Similar Similar Overall Comparison Superior Supedor Summary and Value Conclusion Sale3 Sale4 Listing Listing Listing $ O(X $40.000 $499,000 $44D,OW $249,381 $2.65 $1.80 $2.60' $1.25' $250' Similar Similar Similar Similar Similar -04 -0- -0- -G- 4)- Similar Similar Similar Similar Similar -a -0- -0- a -0. Similar Similar Similar Similar Similar -0- -a- -0- -0- 4} Similar Similar Similar Similar Similar 0- -& 4} k O Similar Similar Similar Similar Similar -0- 4)- -0- -0- -D- $ 50 ,00 . 0 0 $20 49,3 81 $2.65 $1.80 $2.60 $1.25 $2.50 SI. Superior Inferior Superior Superior SI. Inferior Larger 51. Larger Larger Larger Larger Similar Similar St. Inferior Similar Similar Similar Similar Similar Inferior Similar Similar Similar Inferior Similar Similar Similar Similar Similar Similar Similar SI. Inferior Inferior Similar St. Inferior Similar Similar Infedor Similar Inferior SI. Inferior The closed comparable sales indicate a range in unadjusted sales price per square foot of $1.80 to $4.97, with an overall average of $3.29. These sales are believed to be the most recent comparable sales to the subject property, and they are considered reasonable indications of value. Including the properties listed for sale, the comparables sales indicate a range in unadjusted sales /listing price per square foot of $1.25 to $4.97, with an overall average of $2.79. As noted in the Site Data & Analysis section of this report, the physical characteristics of the site result in functional utility suitable for a variety of uses, including those permitted by zoning. The subject's immediate area is currently experiencing gains in public favor, acceptance, and market demand. The site is positively impacted by its location along a stretch of North Garnett Road that is scheduled to undergo expansion, as well as its current zoning designation; however, it is negatively impacted by its proximity to the German Corners Mobile Home Village. Roberson + Company Realty Advisors, LLC Page 44 After weighing the subject property against the comparable sales, and conversing with brokers, investors, and knowledgeable market participants, the "as is" market value of the subject property's fee simple interest, as of the effective date of this report, is estimated at $2.70 per square foot. This indicates the following: Calculation of Value 33,655 SF x $2.70 /SF = $90,869 Say, $90,000 Value Indication — Underlying Land — Entire Property $90,000 �i r._ IV 45 Acquisition Area Data & Analysis Exhibits can be found on the following pages to assist the reader in visualizing the acquisition areas, as well as the potential impact of the areas to be acquired Proposed Acquisition Area — Perpetual Utility Easement Parcel 21.1 Acquisition Area ±0.03 Acres, or ±1,302.28 square feet Contact The acquisition area does not directly impact the ±1,325 square foot commercial building on the site; therefore, the ownership entity was not contacted when completing the inspection. Description According to the information provided by the project engineers, the perpetual utility easement to be acquired parallels the entire west property line (130.23' north /south) and has a depth of 10', east to west, which indicates a total area of 1,302.28 square feet. Improvements within the acquisition area include an asphalt - paved drive apron ( ±150' SF), ±120' linear feet of concrete curbing, pole mounted signage (w/ electricity extended), and grass sod ( ±1,092 SF). Effect Easements of various types, including perpetual easements, are typically acquired as a percentage of the underlying fee simple value of the land being encumbered. This percentage varies to the extent of the use, limitations placed on the owner of the land, as well as the encumbered area. The fee owner of the property agrees not to construct any permanent structures, including signs, in the encumbered area. The owner may install pavement for parking and drive purposes on this easement area. Considering the use limitations placed on the owner of the land and the perpetual easement area, 75% of the underlying fee value of the land is believed to be reasonable and supportable compensation. The majority of the replacement costs are based on data published by Marshall Valuation Service 2018. The replacement cost of the sod is based on an estimate from Brown Farms Sod (located at 15923 East l 16th Street North, Collinsville, OK). It should be noted that all replacement cost figures include an allocation for labor. Estimated Compensation See calculation below Estimated Compensation Parcel 21.1 Perpetual Utility Easement Land 1,302.28 SF x $2.70 /SF x 75% _ $2,637 Improvements Asphalt -paved Drive Apron 150 SF x i $0.66 + $3.00 + $0.48 ) x 0.98 x 0.90 = 548 Concrete Curbing = 483 Pole Mounted Signage = 1,000 Electrical = 540 Sod = 400 Estimated Compensation $5,608 Perpetual Utility Easement Perpetual Utility Easement Roberson + Company Realty Advisors, LLC Page 47 11.2A EXHIBIT "A" OWNER. EAn 1I61iI� x��x WAGINM POT15 GRIDER (ARNOLD) MAILING ADDRESS, �� R 1509 CREERSIOE OR v `f TAAEpUM. OK ]40.78 STATEMENT OF BEARINGS ALL REMINGS ON THIS PUT OF SURVEY fASr Ioem nun rwmx ME BASED UPON THE ON MONA STALE LOCATION MAP PLANE COORDINATE SYSIEM. _A Y — _ IOIC/CRTfDIYP[AT- QflIIYNR(RLS/ N88' 42' 12 "E PROVnerrux O amGrT r2E9U(r IXM xEN/ T OLRMA AMES N z a a r �c 2 K z 2 ti N 591/ThYE ST SONMN OF IME ACNTM6TCWRTFN /MY /f) SELI/OA'Oq T-SNE N-N -E CRAPIRC SLA18 MCLE x L' x E_ 1 2016 mcE 0 cLLAND DATE LTING REV DPAWN BY CR G. E: 150 • ENGINEERS LNG CxEaERRr: sm.R. Roberson + Company Realty Advisors, LLC Page 48 EXHIBIT "B" 21 .1) PROPOSED UTILITY EASEMENT LEGAL DESCRIPTION A strip, piece or parcel of land lying in part of Section 8, Township 21 North, Range 14 East, IM, Tulsa County, Oklahoma. Said Parcel of land being described by metes and bounds as follows: Commencing at the southwest corner of the Northwest Quarter (NW /4) of Section Eight (8), Township Twenty —one (21) North, Range Fourteen (14) East; thence, N 0P 24' 58" W along the west line of said Northwest Quarter (NW /4) of Section Eight (8). Township Twenty —one (21) North, Range Fourteen (14) East a distance of 1060.18 feet; thence, N 68' 43' 02" E a distance of 50.00 feet to the point of beginning; thence. N 01' 24' 58" W a distance of 130.23 feet; thence, N 88' 42' 12" E a distance of 10.00 feet: thence. S 01' 24' 58" E a distance of 130.23 feet; thence, S 88' 43' 18" W a distance of 10.00 feet to the point of beginning. Said area containing 1302.28 square feet (0.03 acres), more or less. McCLELLAND EAK DATE : 13 1 2016 mcECONSUL77ND s� ffffi" r oc. ALE: 1:5 NGINEER INC. I axEtKEO SV: S.m.x. Roberson + Company Realty Advisors, LLC Page 49 Proposed Acquisition Area — Temporary Construction Easement Parcel 21.2 Acquisition Area ±0.01 Acres, or ±331.92 square feet Contract The acquisition area does not directly impact the ±1325 square foot commercial building on the site; therefore, the ownership entity was not contacted when completing the inspection. Description According to the information provided by the project engineers, the temporary construction easement to be acquired abuts the northeast corner of perpetual utility easement to the east and has length of 32.88' (west side) and 33.00' (east side), and depths of 10.33' (north end) and 9.82' (south end), which indicates a total area of 331.92 square feet. Improvements within the acquisition area include ±331.92 SF of asphalt paving (parking lot). Effect The valuation is based on a 10% return for a two -year construction period. Estimated Compensation Estimated Compensation Parcel 21.2 The cost of replacing the asphalt -paved parking lot is based on data published by Marshall Valuation Service 2018 (includes an allocation for labor). See calculation below Temporary Construction Easement Land 331.92 SF x $2.70 /SF x 20% = $179 Improvements Asphalt -paved Parking Lot 331.92 SF x ( $0.66 + $3.00 + $0.48 ) x 0.98 x 0.90 = 1,212 Estimated Compensation $1,391 Temporary Construction Easement Roberson + Company Realty Advisors, LLC Page 51 EXHIBIT "C" OWNER, MRCINN PORS GRIDER (ARNOLD) MAILING AS 1509 CREEXSIDE DR TALEOUNI, OK 74436 1 STATEMENT OF BEARINGS ALL BEARINGS ON THIS PIAT OF SURVEY ARE BASED UPON THE OKN OMA STATE PLANE COORDINATE SYSTEM. •r q IASr rrmm smar xmnx ey& >�3 8 rur �oerx smm xoxm LOCATION MAP Hr - - - - - - - - - - - PAINANACRM PFOPC 'uff Ni' 24' 88'W `/ TEMPORARY CONSINUCDON EASEMEM I �j LM POINr OPBEOINN —J N88' 42' 12 "E 33.00' Bwxex.wes 10.33' PFOPC 'uff Ni' 24' 88'W `/ TEMPORARY CONSINUCDON EASEMEM 32.88' I SO' 31' WE 33.00' Bwxex.wes S89' 28' 44-W cor; elarxr t 9.82' @ O I vPOacRrruxs Q K z Z _ 4 (7 2 K O Z saumvesrcBRAExaP rx[ Ammwtsramwrm lAVau sA[r/ON aA r-»•K R-u1 CMP91C SCALE CONSULTING FNr:INFFIJC L Roberson + Company Realty Advisors, LLC Page 52 EXHIBIT "D„ 21.2) TEMPORARY CONSTRUCTION EASEMENT - LEGAL DESCRIPTION A strip, piece or parcel of land lying in part of Section 8, Township 21 North, Range 14 East, IM, Tulsc County, Oklahoma. Said Parcel of land being described by metes end bounds as follows: Commencing at the southwest corner of the Northwest Quarter (NYl /4) of Section Eight (8), Township Twenty —one (21) North, Range Fourteen (14) East; thence, N 01' 24' 58" W along the west line of sold Northwest Quarter (NW /4) of Section Eight (8). Township Twenty —one (21) North, Range Fourteen (14) East a distance of 1157.44 feet; thence. N 88' 43' 02" E a distance of 60.00 feet to the point of beginning; thence, N 01' 24' 58" W c distence of 32.88 feet; thence, N 88' 42' 12" E a distance of 10.33 feet; thence, S 00' 31' 16" E a distance of 33.00 feet: thence. S 89' 26' 44" W a distance of 9.82 feet to the point of beginning. Said area containing 331.92 square feet (0.01 acres), more or less. ///�//p McCLEUJtND cn DATE: 1 201 ff r CONSULTING oaawry sr: coos a •� ENGINEERS. INC. crECKep er: .m.e. Damages to Remainder of Property In my opinion, there is no damage to the remainder of the property. The encumbered area can be used for parking /drives. Total Estimated Compensation Compensation to Owner Parcel 21.1 $5,608 Parcel 21.2 1,391 Damages to Remainder 0 Total Compensation $6,999 The total estimated compensation due to the owner of Parcel 21.1 and 21.2, subject to the Assumptions and Limiting Conditions, as of April 18, 2018, is: Six Thousand Nine Hundred Ninety -Nine Dollars .. ... Conditions and Requirements of the Appraisal: I.) ALTA Survey, 2.) Environmental audit of the entire property indicating it is in good environmental condition. 3.) Assumptions and Limiting Conditions. Part V - Addendum Legal Description/Deeds BUFFALO LAND. ABSTRACT COMPANY 'tswlRarwaro..lar, Maiff .stlP TIOe Report Order Number: 21704511081 Code Number. CO-200 Attn: MIKE Customer Reference NUmbar: PARCEL 21.1 Garrovrar'* Name: VIRGINA POTTS (ARNOLD) CRIDER SPECIAL WARRANTY DEED (8141894) BOOK 6228, PAGE 2460 Effective Data: Apr 21, 2017 0 7:308m Legal Description LOT 3, BLOCK 1, GERMAN ACRES, A SUBDIVISION LOCATED IN THE N/2 OWN NW/4 OF SECTION S. TOWNSHIP 21 NORTH, RANGE 14 EAST. TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACT; BEGINNING AT THE NEICORNER OF LOT 3, BLOCK 1, GERMAN ACRES; THENCE SOUTH 19 DEGREES 58' 42' WEST FOR A DISTANCE OF 98.14 FEET TO A POINT; THENCE NORTH 3 DEGREES 26' 28' EAST FOR A DISTANCE OF 68.31 FEET TO POINT; THENCE NORTH 28 DEGREES IT 03' EAST FOR A DISTANCE OF 23.60 FEET TO A POINT ON THE NORTH LINE OF LOT 3, BLOCK 1, GERMAN ACRES; THENCE NORTH 89 DEGREES 55'4T EAST FOR A DISTANCE OF 18,06 FEET TO THE POINT OF BEGINNING 21.1- PROPOSED UTILITY EASEMENT A STRIP, PIECE OR PARCEL OF LAND LYING IN PART OF SECTION B, TOWNSHIP 21 NORTH, RANGE 14 EAST, INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, SAID PARCEL OF LAND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (NW 14) OF SECTION B, TOWNSHIP 21 NORTH, RANGE 14 EAST; THENCE NORTH 01 DEGREES 24' fir WEST ALONG THE WEST UNE OF SAID NORTHWEST QUARTER (NW 14) OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST A DISTANCE OF 1090.18 FEET; THENCE NORTH SO DEGREES 43' 02' EAST DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 0I DEGREES 24' Or WEST A DISTANCE OF 13023 FEET; THENCE NORTH 88 DEGREES 42' 12' EASTA DISTANCE OF 10,DO FEET THENCE SOUTH 01 DEGREES 24' 6B' EAST A DISTANCE OF 130.23 FEET; THENCE SOUTH SO DEGREES 43'18' WESTA DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING TI0. to Vested In: VIRGINA POTTS (ARNOLD) GRIDER SPECIAL WARRANTY DEED (6-14-1994) BOOK 8228, PAGE 2460 Tax ID: 61070 -14 -0848380 Sub).ct To: 1. Ad Valorem tax for 2017 and suES.ltuent"an. 2. 2016 AD VALOREM TAXES ARE EXEMPT. "RESTRICTED INDIAN LAND" Su99..Vone NA "NOTE: - PROPERTY IS RESTRICTED INDIAN LAND" Nbb Pa.rl n6a. 217W 11001 M Plea i M 2 \ - Roberson + Company Realty Advisors Date Ty EXHIBIT "Bfw 1-1) PROPOSED UTILITY EASEMFNT LEGAL DESCRIPTION A strip, piece Or Parcel at land yinq In Part of Section 8, Township 21 North, Range 14 East, IN, Tulsa County, Oklahoma. Said Parcel 01 land being described by metes and bounds as follows: Commencing at the southeast corner of the Northwest Wall., (NW 14) of Section Eight (8), Township T anty —one (21) North, Range Fourteen (14) East; then., N 01' 24' 55' W clang the weal line of sold NOMwnt Duane' (W /4) Of Section Eight (8), TewOaMp Twenty —One (21) North, Range Fourteen (14) East A distance Of 1060.18 feet: thence. N 88' 43' W E a distance of 50.00 lest to the point Of beginning; thence. N 01' 24' 58' W a distance of 130.23 teal: than.., N 88' 42' 12' E o distance 01 10.00 feet; thane., 5 01' 24' 58' E 0 distance of 130.23 feel; thence, 5 88' 43' 18' W a distance of 10.00 feel to the point of beginning. Said ore. containing 1302.28 square feel (0.03 acres), mar Or Iowa. Roberson + Company Realty Advisors i W,Amwe(M2 uaxal iuLAi PNMY u5[uea Rnt uiArz saatrx P{AUIa axnM ex wmmri ro aaaa:n Ac[[ Mo: a {IbIO 1� Oa [a){e p•ml xe: nn0 la ea {aln A[[tiry• aIDpa cnvu vvwndpma n a asu na xvc n ml.n xo.n (AUmuf val.v{ su.e{ p vu s uea amnn a eemr xosa ut..nr[P aaer, mvl n worm -Iqr u e uee tevi (enq 4.na !•ps� i.xe v v e e xtt e v v e x x`tI-0fueW[v -�- xm ma p-ila m Wi• nvm spnip u r.v rm•m v I+m Am a.ua n r [e uev. i xe:. x mi Im a e.•yt x{v a[[ve•v /ee= nel a r i+e m[ vt. vauvun an.e o 1 e•.Pr n.ye ana rush. a. ewanvai v nssr aei. v na Psn -mi na -xu. xrw rn- a.e[.w m -a.a Pinvsb.• aJ•:im: vaii(:::a...i:w�o..: weio:n ��.., ...: +is.: ".,. ' M%M w":mrm I....mum...... 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IN iRllRpyrh DpppSUln W Fp M.xply IDI6 GSrte moot.., uepEnu ».wmx r.b 1 Tr.ao...r .Ibrw JeeS'no61 fl*mml Io P2 Aaef Cpynu ypurN Mmp L 193I 011- L IIIIR W MrtSULpmryparkN qlM h.arenwm<unrcw. y /n IlOamwn6pWln1 bx o.s.3w2 NW CNY]I fIEEF -IM XJWI EQE f[E °m S I IfeU E, OV/N e 6Aa] / m)S[ LIS WARRAM,rE:EU *Iwiv 1 . .1� OrwY- _uXruwaYrrY,.Jtl„.J�3A�,�PowauYu ' Y]J)�Q��I SYw Yw r1 N"itbiltmiiin nv�, nm�lro 'AY[- Q[[XaYA[AItl.Yq}Wfxe][WS. _ I -time[[ , WY] tlna} �_ wyP.. r, �• pw1. Jr .r.,�,r/..Y�lp1NE.NR[LIA[BBl°I bl ry4ii�)1. LO[i pa �u� a[NN1 .Ca,. 6Y Ivl„YX 1p[Axa le lx[ /[ YI ,tt'!Im E, )IY, il1 i, ALM COATI {TAR W OXWIW, GQP .1 m a)a ro xa aroeae rw Neiar, Ew ua [aeirx4e raumn[ Q[[m Iw xpR[ Pw]aLU1T O[,CY,a a I°LL[V9, IT ,a)wroY Ax m aR91Wx COtlIA m Xm ). iv 1, aww uw� P °l']i�xP`flro, A`AYO[MWC[iW ,�f�)Ir1 °[iT °A A WImA xw1°�[ s Q oi�)iex�0i. `YUaQV i. °iia`""AY Acw ° °i'ie °e¢i vi1�)eio• a tOA`A o15iAlE1R1aW ' I,.Oi IaT A T16 PoIXS W OaIg11XO. am �3np _ OS�LS ca � ] G - _ { rrR` rlJ��wr�w •`�~..w•',��r��vvnr°`�.e.w v��r.r�.w ,XXyy: .JA...r XwrbY•I.•n••I +tl tri ' Roberson + Company Realty Advisors ACKNOWLEDGMENT mu+rr or�`" i Tu lote�eStg Sw nt :1nw Orlw[ r t�l[ . �Ibw[ rA. .119ft ty n t ACKNOWLEDGMENT -- uttpwluv _.JOIILL__nPt �uvwu+rur.u• r.nnr... [.nurpp�...v Un4A[Jnur ti �3n (41 �uv.wut.:i w�n[)1Z4ULwux[.� r 1 p �[ P Roberson + Company Realty Advisors Hill - Roberson + Company Realty Advisors Qualifications of the Appraiser Qualifications of the Appraiser David C. Roberson Roberson & Company Realty Advisors, LLC 1 123 West Main Street Jenks, Oklahoma 74037 (918) 995 -2503 david@robcoadvisors.com Professional Memberships Appraisal Institute • MAI ( #9328) • SRA Post President, Society of Real Estate Appraisers Chapter 27 Oklahoma Certified Appraiser (# 10344CGA) Education The University of Oklahoma, Norman, Oklahoma, (1982) • Bachelor of Business Administration in Accounting Successfully completed all educational requirements of the Appraisal Institute to earn and maintain the MAI and SRA designations Successfully completed all continuing educational requirements of the State of Oklahoma to maintain the Certified General Appraiser License Attended numerous courses and seminars relating to the appraisal of ail types of real property Experience 9/13 - Current Professional Real Estate Appraiser, Roberson & Company Realty Advisors, LLC, Jenks, Oklahoma 8/92-8/13 Professional Real Estate Appraiser, Ingram. Blevins, Roberson, Knight, Inc., Tulsa, Oklahoma 1984-8/92 Professional Real Estate Appraiser, Green Country Appraisal Service, Tulsa, Oklahoma 1982-1983 Accountant, Alexander Grant & Co., Certified Public Accountants, Tulsa, Oklahoma Qualifications of the Appraiser Thomas E. Roberson Roberson & Company Realty Advisors, LLC 1123 West Main Street Jenks, Oklahoma 74037 (918) 995 -2503 thomas@robcoadvisors.com Professional Memberships Appraisal Institute • Affiliate Education The University of Tulsa, Tulsa, Oklahoma, (2014) • Bachelor of Arts in Organizational Studies Successfully completed real estate related courses sponsored by the Appraisal Institute • Basic Appraisal Principles • Basic Appraisal Procedures • 15 Hour USPAP Course • Real Estate Finance, Statistics, and Valuation Modeling • General Appraiser Market Analysis and Highest & Best Use • General Appraiser Sales Comparison Approach • General Appraiser Site Valuation and Cost Approach • General Appraiser Income Approach /Part 1 • General Appraiser Income Approach /Part 2 • General Appraiser Report Writing and Case Studies • Advanced Income Capitalization Experience 2014 - Current • Vice President Roberson & Company Realty Advisors, LLC Jenks, Oklahoma Roberson + Company Realty Advisors State Certification John D. Doak, Insurance Commissioner Oklahoma Real Estate Appraiser Board This is to certify that: David C. Roberson has complied with the provisions of the Oklahoma Real Estate Appraisers Act to transact business as a Certified General Real Estate Appraiser in the State of Oklahoma. In Witness Whereof, I have hereunto set my hand and caused the seal of my office to be affaed at the City of Oklahoma City, State of Oklahoma, this 3rd day of February, 2016. Eapfm: 113MO19 john D. Doak, & /) Funinne Ca"wissioaer Chairperson, Oklahoma Real Estate Appraiser Board i Members, Oklahoma RealEswwAppmiseriloard r1• r !A nv� awh".Appndn.Numbrc 10344CGA Roberson + Company Realty Advisors REAL peopleREALC ader -REAL COmmunlry TO: The Honorable Mayor and City Council FROM: Michele Dempster Human Resources Director SUBJECT: City Manager Employment Agreement DATE: May 17, 2019 BACKGROUND: The City Manager's annual performance review process began in April, including an online evaluation completed by department directors and City Council. The evaluation results were provided to the City Manager and the City Council and discussed on May 14. COMMENTS: The existing contract with the City Manager expires June 30, 2019. Renewing the City Manager's Employment Agreement was discussed by the City Council during an Executive Session on May 14. Staff was directed to prepare a two -year agreement with a new annual salary of $158,080. All other employment agreement language remains unchanged. REQUIRED ACTION: Presented for consideration is the Employment Agreement between the City and the City Manager, Warren Lehr. The City Attorney has reviewed and approved the proposed contract. ATTACHMENT: Employment Agreement EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 21" day of May, 2019, by and between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City ", and Carl "Warren" Lehr, hereinafter called "Manager ". WHEREAS, City desires to employ the services of Carl "Warren" Lehr as City Manager of the City of Owasso, Oklahoma, pursuant to Section 3 -1 of the Charter of the City of Owasso, Oklahoma; WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set working conditions of the Manager; WHEREAS, the Council wishes to secure and retain the services of the Manager and to provide an inducement for him to remain in such employment; WHEREAS, it is the desire of the Council to make possible full work productivity and the exercise of professional judgment by assuring the Manager's morale and peace of mind with respect to future security; WHEREAS, THE Manager desires to accept employment as City Manager of the City of Owasso, Oklahoma. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: DUTIES. The Council, under the terms and conditions hereof, hereby employs Carl Warren Lehr as City Manager of the City to perform the functions and duties specified in the Charter and Ordinances of said City, and to perform other legally permissible and proper duties and functions as the Council pursuant to and in accordance with the City Charter shall from time to time assign. Carl Warren Lehr hereby, under the terms and provisions hereof, accepts such employment. 2. TERM. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of the Manager at any time as provided in Section 3 -1 (b) of the Charter of the City of Owasso, Oklahoma, subject only to the provisions set forth in such Charter provision, as well as Section Six (6) of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Manager to resign at any time from his position with City, subject only to the provisions contained in Section Six (6) of this agreement. C. The Term of this Agreement shall be from July 1, 2019 until June 30, 2021. It is specifically understood that the Parties will take such actions as are necessary to comply with the Oklahoma constitutional debt limitations applicable to municipalities in the State of Oklahoma. Accordingly, any provisions of this Agreement requiring the appropriation of monies by the municipality for Fiscal Year 2020 -2021, or any other succeeding fiscal year, shall be subject to the express approval of the City Council. 3. COMPENSATION. A. Base Salary. The City agrees to pay the Manager for his services an annual base salary of One Hundred Fifty -Eight Thousand Eighty Dollars ($158,080). B. Benefits. The City agrees to provide the Manager the same benefits of employment provided to general employees of City, unless specifically modified herein. Such benefits include, but are not limited to, group health, dental, and life insurance benefits, and OkMRF retirement programs. C. Telephone Allowance. The City shall provide the Manager with a mobile telephone allowance in the sum of twenty -five dollars ($25.00) per month. The Manager shall maintain a personal account for mobile telephone service and shall not open an account in the name of the City. The Manager shall have total responsibility for payment of such personal account and the City shall have no obligation or responsibility related to such personal account other than the monthly payment to the Manager of the mobile telephone allowance stated herein. D. Dues. The City agrees to budget for and to pay for professional dues and subscriptions of the Manager necessary for continuation and full participation in national, regional, state and local associations, including but not limited to the International City /County Management Association, and the City Manager's Association of Oklahoma and other organizations necessary and desirable for the Manager's continued professional participation, growth, and advancement, and for the good of the City. E. Paid Leave. The City agrees to provide the Manager with an additional forty (40) hours of vacation a year, above that provided to the general employees of the City, based on tenure with the City. Vacation shall be accrued on a prorated monthly basis with no maximum accrual. The Manager shall not use in excess of four (4) consecutive weeks of vacation and a total of six (6) weeks of vacation in a year, except as may be required under the Family Medical Leave Act (FMLA). The City agrees to provide the Manager all other forms of paid leave extended to other general employees of the City, including but not limited to paid holidays and sick leave. Accrued vacation leave shall be paid to the Manager upon termination of employment, whether voluntary or involuntary. a) The parties agree accrued vacation leave shall not be paid if the Manager is terminated during the term of this Agreement for cause, including, but not limited to, gross neglect of duty, malfeasance, misfeasance or conviction for a felony or crime of moral turpitude. 4. CITY VEHICLE. The City shall provide the Manager with a city vehicle for the Manager's business and incidental personal use. The City shall filly maintain the automobile and cover the vehicle under the City's Self- Insured Automobile Liability coverage. 5. EXPENSE ALLOWANCE. The City shall provide the Manager with a business expense allowance for budgeted discretionary business expenses related to the City's business that may be incurred by the Manager. 6. TERMINATION. A. By City. City may terminate the employment of Manager, with or without cause, and in accordance with the City Charter, by directing at least twenty (20) day written notice of termination to Manager by hand delivery or by certified or registered mail, return receipt requested. Subject only to the restrictions stated in Sub - Section ii, below, in the event of termination by City while Manager is ready, willing and able to perform the duties of City Manager, City shall pay out over six (6) months, plus one additional month per fiscal year completed in employment with the City, but not to exceed a combined twelve (12) months, the Manager's regular salary and benefits, based on the Manager's salary at the time of termination. i. If the Manager dies at any time during which the up to twelve (12) months of severance payments are being made, the balance of the payments shall be paid to the Manager's beneficiary. a) If the Manger dies during his regular employment, severance pay shall not be paid. ii. The parties hereto expressly agree no severance payment shall be paid if the Manager is terminated during the term of this Agreement for cause, including, but not limited to, gross neglect of duty, malfeasance, misfeasance or conviction for any felony or crime of moral turpitude. iii. The parties acknowledge that circumstances may arise where, in order to avoid adverse publicity to the Council and /or Manager, the Manager may tender his resignation from employment conditioned upon the receipt of severance pay. Should the Council act to accept the conditional resignation, then upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. B. By Employee. Manager may terminate his employment with City by directing at least sixty (60) days written notice of termination to the Mayor of City by hand delivery or by certified or registered mail, return receipt requested. In event of termination by Employee, no severance payment shall be due to Employee. 7. CONSTRUCTION. The parties agree the terms of this Agreement have been equally bargained and negotiated for, and further agree the presumption of construing any ambiguity in the Agreement against the drafter shall not apply. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. ATTEST: Juliann Stevens, City Clerk CITY OF OWASSO Chris Kelley, Mayor MANAGER Warren Lehr Approved as to the form and legality on the day of May, 2019. Julie Lombardi, City Attorney ®RVFALPI.• RF4LC .a., RElL Community TO: The Honorable Mayor and City Council FROM: Michele Dempster Human Resources SUBJECT: City Attorney Employment Agreement DATE: May 17, 2019 BACKGROUND: Last June, the City Council approved a two -year employment agreement with City Attorney, Julie Lombardi. Fiscal year 2019 -2020, is the second year of the two -year agreement. Following an annual performance review, the City Attorney's employment agreement was discussed by the City Council during an Executive Session on May 14. COMMENTS: Staff was directed to prepare an amendment to the current employment contract with a new annual salary of $130,000. In addition, Council action is required to ratify the second year of the two year agreement. RECOMMENDATION: Presented for consideration is ratification of the current Employment Agreement between the City and City Attorney, Julie Lombardi for fiscal year 2019 -2020, and approval of a First Amendment to the Employment Agreement. Outside attorney Keith Wilkes has reviewed the proposed Employment Agreement amendment. ATTACHMENTS: Employment Agreement First Amendment to Employment Agreement EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT ( "Agreement ") is hereby made and entered into this 21" day of May, 2019, by and between the City of Owasso, Oklahoma, a municipal corporation, acting by and through its duly elected City Council ( "Owasso "), and Julie Lombardi ( "Lombardi ") (collectively "Parties "). WHEREAS, Owasso desires to employ the services of Julie Lombardi as City Attorney of and for Owasso, and the City Council desires, on behalf of Owasso, to provide certain benefits, establish certain conditions of employment, and to set working conditions for Lombardi; WHEREAS, Owasso wishes to secure and retain the professional services of Lombardi and to provide an inducement for Lombardi to remain in such employment; WHEREAS, it is the desire of Owasso to make possible full work productivity and the exercise of professional judgment by assuring Lombardi's morale and peace of mind with respect to future security; and, WHEREAS, Lombardi desires to accept employment as City Attorney of the City of Owasso, Oklahoma, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: DUTIES. Owasso under the terms and conditions hereof, hereby employs Lombardi, and Lombardi hereby accepts employment as City Attorney of Owasso, to perform the functions and duties specified in the Charter and Ordinances of Owasso, and to perform other proper legal tasks, duties and functions as Owasso, by and through its City Council, shall assign from time to time. 2. TERM. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Lombardi at any time as provided in Section 2 -104 of the Code of Ordinances of Owasso, Oklahoma, as well as Section Four (4) of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Lombardi to voluntarily terminate her employment with Owasso at any time, subject only to the provisions contained in Section Six (6) of this Agreement. C. The Term of this Agreement shall be from July 1, 2018, until June 30, 2020. It is specifically understood that the Parties will take such actions as are necessary to comply with the Oklahoma constitutional debt limitations applicable to municipalities in the State of Oklahoma. Accordingly, any provisions of this Agreement requiring the appropriation of monies by the municipality for Fiscal Year 2019 -2020, or any other succeeding fiscal year, shall be subject to the express approval of the City Council. COMPENSATION. A. Base Salary. Owasso agrees to pay Lombardi an annualized base salary of One Hundred Twenty - Five Thousand Dollars ($125,000). B. Benefits. Owasso shall provide Lombardi with the same benefits of employment provided to general employees of Owasso, unless specifically modified herein, subject to the requirements of any such benefit plan or policy. Such benefits include, but are not limited to, group health, dental, and life insurance benefits, and OMRF retirement programs. C. Dues. Owasso shall budget for and pay professional dues, continued legal education expenses and costs, and subscriptions necessary for Lombardi to maintain and continue full admission and participation in national, regional, state and local associations, including, but not limited to, the Oklahoma Bar Association, the Tulsa County Bar Association, the Oklahoma Association of Municipal Attorneys, and any other such professional organization necessary and desirable for Lombardi's continued professional licensing and admissions, participation, growth, and advancement for the good of Owasso. D. Paid Leave. Owasso agrees to provide Lombardi all forms of paid leave extended to other general employees of Owasso, including but not limited to paid holidays, vacation and sick leave. Accrued vacation leave shall be paid to Lombardi upon termination of employment, whether voluntary or involuntary, as provided for under Oklahoma law. E. Laptop /Mobile Technology. Recognizing the importance of security and access to City systems, whether at the office or away, Owasso shall provide Lombardi, a laptop /tablet, mobile connectivity, and related software, for the primary purpose of City related use. Upon termination of Lombardi's employment, issued laptop /tablet and mobile connectivity device shall be returned to Owasso. 4. TERMINATION. A. By Owasso. Owasso may terminate the employment of Lombardi, with or without cause, by providing Lombardi with a minimum twenty (20) day written notice of said action hand delivery, certified or registered mail, return receipt requested. Subject only to the restrictions stated in Sub - Section ii, below, in the event of involuntary termination by Owasso while Lombardi is ready, willing and able to perform the duties of City Attorney, Owasso shall pay Lombardi six (6) months of severance pay in equal monthly installments, plus one additional month per fiscal year of completed employment by Lombardi with Owasso, not to exceed a combined twelve (12) months. The monthly severance payment will be an amount equal to Lombardi's regular salary and benefits at the time of the termination, less any applicable and required payroll withholdings. i. In the event of Lombardi's death at any time during the severance period, the balance of the severance payments shall be paid to Lombardi's designated beneficiary. In the event of Lombardi's death during her regular employment, severance pay shall not be due or owing. ii. The Parties expressly agree no severance payment shall be paid if Lombardi is terminated "for cause" during the term of this Agreement. "For cause" includes, but is not limited to, gross neglect of duty, malfeasance, misfeasance or the conviction or plea of guilty for or to any felony or crime of moral turpitude. iii. The Parties acknowledge and agree certain circumstances may arise where, to avoid adverse publicity to Owasso, its City Council and /or Lombardi, Lombardi may tender her resignation from employment conditioned upon the receipt of severance pay as described in Section 4(A), above. Should the City Council accept the conditional resignation, then PA upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. B. By Employee. Lombardi may voluntarily terminate her employment with Owasso by directing at least sixty (60) days written notice of termination to the Mayor of Owasso, via hand - delivery, certified or registered mail, return receipt requested. In event of the voluntary termination by Lombardi, no severance pay shall be due and owing to Lombardi. Nothing in this Sub - Section shall interfere or conflict with Lombardi's rights or Owasso's obligations under Section 4(A)(iii), above. CONSTRUCTION. Parties acknowledge the terms of this Agreement have been equally bargained and negotiated for, and further agree the legal presumption of construing any ambiguity in the Agreement against the drafter shall not apply. 6. SEVERABILITY. The Parties agree that if any section, sub - section, or part of this Agreement is deemed to be void or voidable by a court of competent jurisdiction, the remaining section, sub - sections and terms and conditions of this Agreement shall survive. VENUE. If a legal dispute arises between the Parties, Owasso and Lombardi agree any and all litigation arising out of such dispute, if any, shall rest only in Tulsa County District Court for the State of Oklahoma. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. IInI1IBeI[ILAliY11all Julie Lombardi ATTEST: Juliann M. Stevens, City Clerk CITY OF OWASSO Chris Kelley, Mayor Approved as to form and legality on the day of May, 2019. Keith Wilkes, Attorney FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This FIRST AMENDMENT TO EMPLOYMENT AGREEMENT is hereby made and entered into effective the I st day of July, 2019, by and between the City of Owasso, Oklahoma, a municipal corporation, acting by and through its duly elected City Council ( "Owasso'), and Julie Lombardi ( "Lombardi ") (collectively "Parties). WHEREAS, the Employment Agreement was originally executed by the parties on June 5, 2018, and both Owasso and Lombardi hereby desire on this date to amend Section 3 of the Agreement to read as follows: 3. COMPENSATION. A. Base Salary. Beginning July 1, 2019, Owasso agrees to pay Lombardi an annualized base salary of One Hundred Thirty Thousand Dollars ($130,000). IN WITNESS WHEREOF, the Parties have executed this First Amendment to Employment Agreement on the day and year first written above. 111111 in 1 ". 971 Julie Lombardi ATTEST: Juliann Stevens, City Clerk CITY OF OWASSO, OKLAHOMA Chris Kelley, Mayor Approved as to form and legality on the day of , 2019. Keith Wilkes, Attorney Department 105 Municipal Court 110 Managerial 120 Finance 130 Human Resources 160 Community Development 170 Engineering 175 Information Systems 181 Support Services 190 Cemetery 201 Police Grant Overtime 215 Central Dispatch 221 Animal Control 250 Fire Safer Grant 280 Emergency Preparedness 370 Stormwater /ROW Maint, 515 Park Maintenance 520 Culture /Recreation 550 Community- Senior Center 580 Historical Museum 710 Economic Development CITY OF Owasso GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 05/11/19 Payroll Expenses Total Expenses 5,995.84 8,267.06 21,206.55 29,380.41 18,319.19 26,791.16 7,690.61 11, 375.35 18,435.10 28,437.64 17,912.46 27,445.65 15,069.70 22,855.05 8,861.55 13,106.20 1,160.00 2,244.82 2,848.78 2,886.23 24,422.91 41, 327.58 3,864.96 5,782.08 24,197.65 37,984.69 2,168.26 3,450.87 8,117.14 10, 682.91 6,847.30 10,039.18 8,433.99 13,191.08 5,842.65 7,796.87 664.40 746.78 3,727.93 5,586.57 General Fund Total 205,786.97 309,378.18 185 Garage Fund Total 7,359.71 _12,100 13 255 Ambulance Fund Total 553.85 622.53 250 Fire Fund 37 Total 161,206.46 241,096.68 201 Police Fund 38 Total 158,292.87 239,884.00 300 Streets Fund 39 Total 15,530.28 25,347.76 370 Stormwater Fund 27 Total 3,290.31 5,143.98 150 Worker's Compensation Total 1,494.40 1,797.63 720 Strong Neighborhoods Total 4,618.09 6,548.71 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 5116/19 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 114,171.84 12,933.25 94,623.54 221,728.63 6,218.32 3,916.60 2,868.00 13,002.92 3,122.25 3,122.25 237,853.80 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2018 -2019 Budgetary Basis Statement of Revenues & Expenditures As of April 30, 2019 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTAL REVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay Deferred Budget - Grant not awarded TOTAL EXPENDITURES REVENUES OVER EXPENDITURES TRANSFERS IN (OUT): Transfers in - Sales Tax Transfers out TOTAL TRANSFERS NET INCOME (LOSS) ENCUMBRANCES OUTSTANDING FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance C:\Users\jennifer—ross\Documents\Book1 $ 275,861 $ 3,433,777 $ (1,662,503) $ (351,522) 8,227,107 8,227,107 $ 11,309,362 $ 6,564,604 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET $ 2,602,565 $ 27,848,931 $ 32,326,100 86.15 %, 19,454 138,872 226,285 61.37% 109,337 984,790 1,568,519 62.78% 60,408 658,370 760,310 86.59% 30,492 283,200 486,550 58.21% 33,379 313,062 191,933 16311 %, $ 2,855,634 $ 30,227,225 $ 35,559,698 85.00% $ (1,586,481) $ (15,555,846) $ (20,796,753) 74.80% (84,410) (889,049) (1,514,042) 58.72% (112,633) (1,622,794) (2,565,296) 63.26% (19,148) (922,359) (3,016,372) 30.58% - - (13,256) 0.00% $ (1,802,671) $ (18,990,048) $ (27,905,719) 68.05% $ 1,052,963 $ 11,237,177 $ 7,653,979 $ 1,329,624 $ 14,202,584 $ 16,751,714 84.78% (2,106,726) (22,005,983) (26,068,196) 84.42% $ (777,102) $ (7,803,399) $ (9,316,482) 83.76% $ 275,861 $ 3,433,777 $ (1,662,503) $ (351,522) 8,227,107 8,227,107 $ 11,309,362 $ 6,564,604 0 K t A H 0 M A DEIARIMENI OF INyIRONMEN1Al OUAIIII SCOTT Executive Hector OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Exerufive Director April 11, 2019 Mr. Roger Stevens, Public Works Director City of Owasso 301 West 2nd Ave Owasso, Oklahoma 74055 Re: Permit No. WL000072190240 Abbott Farms Phase II Facility No. 3002718 Dear Mr. Stevens: KEVIN STITT Governor Enclosed is Permit No. WL000072190240 for the construction of 1559 linear feet of eight (8) inch PVC pipe, 613 linear feet of six (6) inch PVC pipe, 160 linear feet of eight (8) inch PVC pipe, 147 linear feet of six (6) inch PVC pipe, 722 linear feet of six (6) inch PVC pipe, 901 linear feet of eight (8) inch PVC pipe for potable water distribution and all appurtenances to serve the Abbott Farms Phase II, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on April 11, 2019. 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, one (1) set to your engineer and retaining one (1) set for our files. Respectfully, Qusay Ka riti, Construction Permit Section V: ?1cr Quality Division l uvuP /RC /ag Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Brian K Kellogg, P.E., Kellogg Engineering, Inc. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101.1677 pdnlnd on recydBd peperwtlh Boy Ink 0 0 K L .A H 0 M A DEPARTMENT OF ENVIRONMENTAL WINE SCOTT A. TH OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Executive Director ector PERMIT TO CONSTRUCT April 11, 2019 KEVIN STITT Governor PERMIT No. WL000072190240 FACILITY No. 3002718 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 1559 linear feet of eight (8) inch PVC pipe, 613 linear feet of six (6) inch PVC pipe, 160 linear feet of eight (8) inch PVC pipe, 147 linear feet of six (6) inch PVC pipe, 722 linear feet of six (6) inch PVC pipe, 901 linear feet of eight (8) inch PVC pipe for potable water distribution and all appurtenances to serve the Abbott Farms Phase II, located in SW /4, SW /4, of Section 7, T -21 -N, R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved April 11, 2019. By acceptance of this permit, the permittee agrees to operate and maintain the facility In accordance with the Public Water Supply Operation rules (OAC 252:631) and to comply with the State Certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) This water line provides adequate fire flow in accordance with the 2009 International Fire Code through the approved hydraulic analysis. The fire flow provided is 1,000 gpm. 2) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 3) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 4) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 5) That the Oklahoma Department of Environmental Quality shall be kept informed on occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 6) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with Public Water Supply Construction Standards [OAC 252:626- 19 -2]. 7) That before placing this facility into service, at least two samples of the water, taken on different days, shall be tested for bacteria to show that it is safe for drinking purposes. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 prinled an recycled paper wilh say Ink 0 roolor 0 K I A H 0 M A DEPARTMENT OF ENNONMENIAI OUAIIIY SCOTT TH OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Executive Director ector PERMIT TO CONSTRUCT KEVIN STITT Governor PERMIT No. WL000072190240 WATER LINES FACILITY No. 3002718 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 9) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 10) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 11) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. Section 2 -6 -201 et seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOT) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 12) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 13) That water lines shall be located at least fifteen (15) feet from all parts of septic tanks and absorption fields, or other sewage treatment and disposal systems. 14) That whenever plastic pipe is approved and used for potable water, it shall bear the seal of the National Sanitation Foundation and meet the appropriate commercial standards. 15) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Public Water Supply Construction Standards OAC 252:626- 19- 2(h)(1) and OAC 252:626-19 - 2(h)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested to the highest pressure obtainable under the most severe head conditions of the collection system prior to backfilling. Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditiog§ and provisions. EAU 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101.1677 prinled on recycled paper vAth soy Ink 0 O K L A H O M A OEPWA NI Of ENVI[ONMENIAE WAIN S(OTTA. TH OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Executive Director ecter April 25, 2019 Mr. Roger Stevens, Public Works Director City of Owasso 301 West 2nd Ave Owasso, Oklahoma 74055 Re: Permit No. SL000072190258 Abbott Farms Phase it Facility No. S -21310 Dear Mr. Stevens: KEVIN STITT Governor Enclosed is Permit No. SL000072190258 for the construction of 4,828 linear feet of eight (8) inch PVC sanitary sewer line and all other appurtenances to serve the Abbott Farms Phase 1, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on April 25, 2019. 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, one (1) set to your engineer and retaining one (1) set for our files. Respectfully, Q)5C'j 2, Ka u-� . Qusay Ka nti, P.E. Construction Permit Section Water Quality Division UKr,<M /RC /ag Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Brian K Kellogg, P.E., Kellogg Engineering, Inc. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101.1677 InInled on recycled paper wllh soy Ink co P11:0 0 K I. A H 0 M A )OPAI1MIN1 Of INARONMINIAI OYA111y SCOTT A. TH OKLAHOMA DEPARTMENT Of ENVIRONMENTAL QUALITY Executive Director ecter PERMIT TO CONSTRUCT April 25, 2019 KEVIN STITT Governor PERMIT No. SL000072190258 SEWER LINES FACILITY No. S -21310 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 4,828 linear feet of eight (8) inch PVC sanitary sewer line and all other appurtenances to serve the Abbott Farms Phase 1, located in SW /4, of Section 7, T -21 -N, R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved April 25, 2019. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDES' (OAC 252:606) rules and to comply with the state certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) 2) 3) 4) 5) 6) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:656- 5- 4(c)(3) of the standards for Water Pollution Control Facility Construction. That tests will be conducted as necessary to insure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKIAHOMA 73101.1677 printed on recycled papatwilh soy Ink 0 O K L A H O M A SCOTT A. THOMPSON pEIARTMEHI OF EM MONIAEMIAI OUALIEY KEVIN STITT Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Governor PERMIT No. SL000072190258 SEWER LINES FACILITY No. S -21310 PERMIT TO CONSTRUCT 7) That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 9) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 10) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 11) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2 -6 -201 et, seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NO[) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 12) That all manholes shall be constructed in accordance with the standards for Water Pollution Control Facility Construction (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of Environmental Quality. 13) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Water Pollution Control Facility Construction OAC 252:656- 5- 4(c)(1) and OAC 252:656- 5- 4(c)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested using the ASTM air test procedure with no detectable leakage prior to backfilling, in accordance with the standards for Water Pollution Control Facility Construction OAC 252:656-5 - 4(c)(3). 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101.1677 printed an recycled paper Mh soy Ink 0 O K I A H O M A SCOTT A. THOMPSON Of1AR1lRFNI OF ENYIRONMFNIAI OUAEIIY KEVIN STITT Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Governor PERMIT No. SL000072190258 SEWER LINES FACILITY No. S -21310 PERMIT TO CONSTRUCT Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. Quality Division 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 pdnled on recycled paperwilh soy Ink 0 C-Q. F- %)e-, Red Flag Policy Annual Report May 1, 2019 BACKGROUND: Identity theft is a serious problem in the United States. To combat the problem, as part of the Fair and Accurate Credit Transactions Act of 2003 (the FACT Act), the Federal Trade Commission and several other federal agencies have issued rules requiring creditors (including municipalities under certain circumstances) to develop, adopt and implement written Identity Theft Prevention Programs. The Programs were required to be in place by May 1, 2009. The rules are often referred to as RED FLAG requirements and apply to financial institutions and municipalities that provide utility services and /or other services for which payment is made in arrears. It is the provision of services on a deferred payment basis that makes a municipality a "creditor" as defined under Red Flags. ACTION TAKEN: The City of Owasso adopted Resolution No. 2009 -03 to help protect identity theft and fight theft of customer account information, and provide procedures that identify, detect, and respond to possible signals of identity theft known as Red Flags. As a result, the following list of security enhancements are enforced to ensure the security of customer information: 1) Only allow for applications for service to be made in person; 2) Verify the identification of existing customers if they request information in person, via telephone, via facsimile, or via e -mail. 3) Verify identification of existing customers when requesting to transfer service, change account status, change mailing address, or to terminate service; 4) Verify proof of ownership /lease agreement; 5) Require proper identification when a customer presents a Credit or Debit Card for payment if the name is on the card is different from the name on the utility account. ANNUAL REPORT: Red Flag procedures were reviewed May 2019. No breach of confidential customer personal identifying information or suspected identity theft was detected over the past year.