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HomeMy WebLinkAbout2007.08.21_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular Agenda DATE: August 21, 2007 File TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. n Friday, August 17, 2007. i J iann M. Stevens, Deduty City Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Pastor Ted Johnson, The Bible Church of Owasso 3. Flag Salute 4. Roll Call 5. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the August 7, 2007 Regular Meeting and August 14, 2007 Special Meeting. Attachment # 5 -A WACITY COUNCIL AGENDAS \2007\0821 \Council_agenda.doc Owasso City Council August 21, 2007 Page 2 B. Approval of Claims. Attachment # 5 -13 C. Acknowledgement of receiving the monthly FY 2007 -2008 budget status report. Attachment # 5 -C D. Acceptance of the Preston Lakes III streets and storm drainage system. Attachment # 5 -D E. Approval of a request from Exchange Bank to discharge fireworks before each home football game held at the Owasso High School stadium during the 2007 -2008 school year. Attachment # 5 -E F. Acceptance of $8,333.33 as total settlement of the City's subrogation rights in the DeArmond vs. Ward civil suit and authorization for the City Manager to execute all necessary settlement documents. Attachment # 5 -F 6. Consideration and appropriate action relating to the appointment of a qualified elector to serve as City Council representative for Ward 4. Mayor Cataudella 7. Oath of Office for the appointed City Council representative for Ward 4. Ms. Lombardi 8. Consideration and appropriate action relating to a request for Council adoption of Ordinance No. 899, an ordinance amending Part 10 of the City of Owasso Code of Ordinances by creating Section 10 -423, entitled "Permitting or Allowing Gatherings Where Alcohol is Served to Minors" and establishing penalties for such. Ms. Lombardi Attachment #8 Staff will recommend Council adoption of Ordinance No. 899. Owasso City Council August 21, 2007 Page 3 9. Consideration and appropriate action relating to a request for Council approval of the Tyann Plaza X Final Plat, proposing ten commercial and office lots on 13.69 acres generally located on the east side of the Owasso Expressway, just north of the Three Lakes III addition. Mr. McCulley Attachment #9 Staff will recommend Council approval of the Tyann Plaza X Final Plat. 10. Consideration and appropriate action relating to a request for Council approval of the Villas at Preston Lakes Final Plat, proposing one multi - family lot on 11.17 acres generally located 1/4 mile north of E. 86th Street North, just east of N. 145th East Avenue. Mr. McCulley Attachment #10 Staff will recommend Council approval of the Villas at Preston Lakes Final Plat. 11. Consideration and appropriate action relating to a request for Council approval of rezoning request OZ 07 -05 of Lots One (1) and Two (2), Block Twenty -nine (29), Original Town Owasso from RS -3 (Residential) to CG (Commercial General), located at 302 South Main Street. Mr. McCulley Attachment #11 Staff will recommend Council approval of rezoning request OZ 07 -05. 12. Consideration and appropriate action relating to a request for Council approval of annexation request OA 07 -04, consisting of approximately 2.18 acres located at 13210 E. 103rd Street North. Mr. McCulley Attachment #12 Staff will recommend Council approval of annexation request OA 07 -04. Owasso City Council August 21, 2007 Page 4 13. Consideration and appropriate action relating to a request for Council consideration of an amendment to the Owasso Code of Ordinances, particularly Animal Ordinances, Section 4- 118: Wild and Exotic Animals; Prohibition on Keeping in the City Limits Mr. Chambless Attachment # 13 Staff will provide the City Council with their review findings and conclusions relating to a citizen request to amend the Code of Ordinances to allow wolves to be kept within the city limits. Staff will recommend Council not amend the current ordinance. 14. Consideration and appropriate action relating to a request for Council approval to purchase six (6) vehicles for use by the Police Department. Mr. Yancey Attachment #14 Staff will recommend Council approval to purchase two (2) 2007 Ford Crown Victoria's and four (4) 2008 Ford Crown Victoria's from United Ford of Tulsa, Oklahoma in an amount not to exceed $130,016. 15. Consideration and appropriate action relating to a request for Council rejection of bids received for the Main Street Beautification Project and authorization for city staff to re -bid the proj ect. Mr. Alexander Attachment #15 Staff will recommend Council rejection of the single bid received, submitted by Sherwood Construction of Catoosa, Oklahoma in the amount of $990,031 and authorization for the city staff to re -bid the project. 16. Consideration and appropriate action relating to a request for Council award of a construction contract for the Sanitary Sewer Extension, Fire Station No. 3 Project. Mr. Alexander Attachment # 16 Staff will recommend Council award a construction contract for the Sanitary Sewer Extension Fire Station No. 3 Project to MSB Construction Company of Tulsa, Oklahoma in the amount of $61,520. Owasso City Council August 21, 2007 Page 5 17. Consideration and appropriate action relating to a request for Council award of a construction contract for the N. 1291h East Avenue Roadway and Drainage Improvement Project. Mr. Nurre Attachment # 17 Staff will recommend Council award a construction contract for the N. 129th East Avenue Roadway and Drainage Improvement Project to Becco Contractors Incorporated of Tulsa, Oklahoma in the amount of $8,320,902.80. 18. Consideration and appropriate action relating to a request for Council authorization for the City Manager to execute a land purchase agreement between the City of Owasso and Owasso 20, LLC in the amount of $1,437,480 for the N. Garnett Road Regional Detention Facility. Mr. Ray Attachment # 18 Staff will recommend Council authorization for the City Manager to execute a land purchase agreement between the City of Owasso and Owasso 20, LLC for the purchase of eleven (11) acres in the amount of $1,437,480 in order to construct the N. Garnett Road Regional Detention Facility. 19. Consideration and appropriate action relating to a request for Council approval of an Engineering Services Agreement between the City of Owasso and Meshek & Associates for engineering services related to the N. Garnett Road Regional Detention Facility. Ms. Stagg Attachment # 19 Staff will recommend Council approval of an Engineering Services Agreement between the City of Owasso and Meshek & Associates for the purpose of engineering services related to the N. Garnett Road Regional Detention Facility in an amount not to exceed $150,000. Owasso City Council August 21, 2007 Page 6 20. Consideration and appropriate action relating to a request for Council approval of Resolution No. 2007 -10, a resolution authorizing the City Treasurer to invest in a revenue anticipation note of the Owasso Public Works Authority and approving the OWPA indebtedness as represented by the proposed agreement and revenue anticipation note; and, containing other provisions relating thereto. Ms. Bishop Attachment #20 Staff will recommend Council approve Resolution No. 2007 -10 providing financing for the N. Garnett Road Regional Detention Facility. 21. Consideration and appropriate action relating to a request for Council approval of a Budget Amendment in the Stormwater Management Fund increasing estimated revenues and increasing the appropriation for expenditures. Ms. Bishop Attachment #21 Staff will recommend City Council approval of a budget amendment in the Stormwater Management Fund increasing estimated revenues by $3,500,000 and by $3,550,000. 22. Report from City Manager. 23. Report from City Attorney. 24. Report from City Councilors. 25. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) Owasso City Council August 21, 2007 Page 7 26. Adjournment. A reception %�relconnng the newly appointed Ward --1 Commit Representative will be held in the Council Chambers of Old Central immediately following the conclusion of the Owasso Golf Authority Meeting. The public is invited to attend. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, August 7, 2007 The Owasso City Council met in regular session on Tuesday, August 7, 2007 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, August 3, 2007. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Taud Boatman, First Methodist Church. ITEM 3. FLAG SALUTE Councilor Bonebrake led the flag salute. ITEM 4. ROLL CALL PRESENT Steve Cataudella, Mayor D.J. Gall, Vice Mayor Doug Bonebrake, Councilor Susan Kimball, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney ABSENT ITEM 5. PRESENTATION OF CHARACTER TRAIT OF THE MONTH Tim Rooney, a member of the Owasso Character Council, presented to Council `Security', the character trait of the month for August, 2007. ITEM 6. PRESENTATION OF CERTIFICATE OF APPRECIATION Due to the absence of Community Band members, this item will be re- scheduled. Owasso City Council August 7, 2007 ' ITEM 7. PRESENTATION OF CERTIFICATE OF APPRECIATION Mayor Cataudella introduced members of the Owasso Community Choir and presented a Certificate of Appreciation to the group for their outstanding performance at the City's 4ch of July celebration. ITEM 8. PRESENTATION OF EMPLOYEE OF THE MONTH Mr. Ray introduced to Council Joe Slitzker, Desktop Support Technician in the City's Information Technology Department, as the City of Owasso Employee of the Month for August, 2007. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the July 17, 2007 Regular Meeting. B. Approval of Claims. Ms. Kimball moved, seconded by Mr. Bonebrake, to approve the Consent Agenda with claims totaling $277,293.22, Healthcare Self- Insurance claims totaling $142,017.64 and payroll claims totaling $430,913.30. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 10. CITIZEN REQUEST TO ADDRESS THE CITY COUNCIL FOR PURPOSES OF DISCUSSION AND REVIEWING THE CURRENT ANIMAL ORDINANCES, PARTICULARLY SECTION 4 -118 OF THE OWASSO CODE OF ORDINANCES, WILD AND EXOTIC ANIMALS; PROHIBITION ON KEEPING IN THE CITY LIMITS Ms. Pepper Priest addressed Council requesting Council review and possibly amend the Ordinance relating to the prohibition on keeping domesticated wolves in the city limits of Owasso. Mayor Cataudella instructed Staff to review this ordinance and complete a study to be reported to Council at the August 14 Work Session. An action item will then be placed on the August 21 agenda. Staff is also to keep Ms. Priest apprised of the status of this item. 2 Owasso City Council August 7, 2007 ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL AUTHORIZATION FOR THE MAYOR TO EXECUTE THE MASTER SERVICE AGREEMENT BETWEEN THE CITY OF OWASSO, AS PART OF THE REGIONAL E -911 BOARD, AND AT &T FOR THE PURPOSE OF PHASE II COMPLAINT 911 TELEPHONE EQUIPMENT Mr. White presented the item. Mr. Gall moved, seconded by Mr. Bonebrake, for Council authorization for the Mayor to execute the service agreement between the City of Owasso and AT &T, as stated above. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE RECONFIGURATION IMPLEMENTATION PHASE AGREEMENT BETWEEN THE CITY OF OWASSO AND MOTOROLA FOR THE PURPOSE OF RECONFIGURING THE 800 MHZ PUBLIC SAFETY RADIO SYSTEMS AS MANDATED BY THE FEDERAL COMMUNICATIONS COMMISSION (FCC) Mr. White presented the item. Ms. Kimball moved, seconded by Mr. Bonebrake, for Council authorization for the City Manager to execute the agreement between the City of Owasso and Motorola, as stated above. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL AUTHORIZATION TO PURCHASE FLASH UPGRADE SOFTWARE FOR THE REBANDING RADIOS IN ACCORDANCE WITH THE RECONFIGURATION IMPLEMENTATION PHASE AGREEMENT AND AUTHORIZATION FOR PAYMENT IN THE AMOUNT OF $46,625.00 TO MOTOROLA 3 Owasso City Council August 7, 2007 ` Mr. White presented the item. Mr. Bonebrake moved, seconded by Mr. Gall, for Council authorization to purchase flash upgrade software for the rebanding radios in accordance with the Reconfiguration Implementation Phase Agreement and authorization for payment to Motorola in the amount of $46,625.00. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A SUPPLEMENTAL APPROPRIATION INCREASING EXPENDITURES IN THE FISCAL 2008 BUDGET Ms. Hess presented the item. Ms. Kimball moved, seconded by Mr. Bonebrake, for Council approval of a supplemental appropriation increasing expenditures in the General Fund by $599,928, the Stormwater Management Fund by $20,362, the Ambulance Capital Fund by $196,335, and the City Garage Fund by $8,500 in order to continue fiscal 2007 projects into the 2008 fiscal year. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF RESOLUTION NO. 2007 -09, A RESOLUTION AUTHORIZING THE NEGOTIATION AND EXECUTION OF A TEMPORARY LEASE AGREEMENT BETWEEN THE CITY OF OWASSO AND ONEOK, INCORPORATED Ms. Lombardi presented the item. Mr. Gall moved, seconded by Mr. Bonebrake, for Council approval of Resolution 2007 -09. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0. Cl Owasso City Council August 7, 2007 ITEM 16. REPORT FROM CITY MANAGER. No report. ITEM 17. REPORT FROM CITY ATTORNEY No report. ITEM 18. REPORT FROM CITY COUNCILORS No report. ITEM 19. NEW BUSINESS None. ITEM 20. ADJOURNMENT Ms. Kimball moved, seconded by Mr. Bonebrake, to adjourn. YEA: Bonebrake, Cataudella, Gall, Kimball NAY: None Motion carried 4 -0 and the meeting was adjourned at 7:30 p.m. Pat Fry, Minute Clerk E Steve Cataudella, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, August 14, 2007 The Owasso City Council met in a special meeting on Tuesday, August 14, 2007 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Friday, August 10, 2007. ITEM l: CALL TO ORDER. Mayor Cataudella called the meeting to order at 6:05 PM. PRESENT ABSENT Steve Cataudella, Mayor DJ Gall, Vice Mayor Doug Bonebrake, Councilor Susan Kimball, Councilor A quorum was declared present. ITEM 2: DISCUSSION RELATING TO COMMUNITY DEVELOPMENT DEPARTMENT TTFMc A. ANNEXATION REQUESTS (2) B. REZONING REQUEST (1) C. FINAL PLAT REQUESTS (2) Mr. Rooney reviewed the above items. It was explained that Rezoning and Final Plat items were unanimously approved by the Planning Conunission. Annexation request OA -07 -04 - a request to annex 2.18 acres located at 13210 E. 103rd Street North has opposition concerning the eventual zoning of the property but was unanimously approved. The remaining annexation request was tabled by the Planning Commission due to the applicant not attending the meeting. The items approved by the Planning Commission will be placed on the August 21, 2007 City Council agenda for action. ITEM 3: DISCUSSION RELATING TO POLICE DEPARTMENT ITEMS A. PROPOSED VEHICLE PURCHASE B. PROPOSED ORDINANCE RELATING TO BUSINESS AND RESI.DENTIAL SECURITY ALARMS Mr. Rooney reviewed the above items. It was discussed that two of the vehicles would be purchased now, while the remaining four would be purchased when the fall state bid list is released. This item will be placed on the City Council agenda for action on August 21, 2007. The proposed security alarm ordinance was discussed at length. The Council expressed desire for a public input meeting to be conducted prior to this item being placed on a Council agenda. Owasso City Council August 14, 2007 ITEM 4: DISCUSSION RELATING TO PUBLIC WORKS DEPARTMENT ITEMS A. REVIEW OF BIDS RECEIVED FOR THE THREE LAKES DAM IMPROVEMENT PROJECT B. REVIEW OF BIDS RECEIVED FOR THE PURCHASE OF WATER METERS FOR FY 2008 C. REVIEW OF BIDS RECEIVED FOR THE N. 129" EAST AVENUE WIDENING PROJECT D. REVIEW OF BIDS RECEIVED FOR THE FIRE STATION NO. 3 SANITARY SEWER LINE E. REVIEW OF BIDS RECEIVED FOR THE MAIN STREET IMPROVEMENT PROJECT Mr. Rooney and Ms. Stagg reviewed the items. It was explained that the Three Lakes Dam Project item and the Water Meter Bid item would be placed on the September 4, 2007 agenda for action providing the bids that were received were within estimates. The remaining three bid items were to be placed on the August 21, 2007 City Council agenda for action. ITEM 5: DISCUSSION RELATING TO CITY MANAGER ITEMS A. CITY COUNCIL WARD 4 VACANCY B. UPDATE RELATING TO THE IMPLEMENTATION OF THE SUNGARD SOFTWARE C. REFUSE COLLECTION PILOT PROGRAM D. STAFF REPORT RELATING TO THE PROHIBITION OF KEEPING WOLVES WITHIN THE CITY LIMITS E. UPDATE AND BRIEFING RELATING TO THE ARKANSAS RIVER DEVELOPMENT F. N. GARNETT ROAD REGIONAL DETENTION FACILITY PROPOSAL (ATTACHMENT INCLUDED) G. PROPOSED ORDINANCE RELATING TO THE CONTRIBUTING OF ALCOHOL TO MINORS (ATTACHMENT INCLUDED) H. PELIVAN TRANSIT, A PROPOSED DEMAND RESPONSE TRANSPORTATION SERVICE (ATTACHMENT INCLUDED) I. CITY MANAGER REPORT Mr. Ray reviewed the above items, calling on Ms. Wilson, Mr. Chambliss, Mr. Yancey, Mr. Wiles, Ms. Stagg, and Ms. Lombardi to assist with particular items. The Arkansas River Development discussion will be discussed at the September Work Session. Several reminders of upcoming events were provided. Owasso City Counci 1 August 14, 2007 ITEM 6: REPORT FROM CITY COUNCILORS No items were reported. ITEM 7: ADJOURNMENT Councilor Gall motioned, seconded by Councilor Bonebrake, to adjourn. All were in favor and the meeting was adjourned at 1.0:18 PM. Mayor CITY OF OWASSO CLAIMS TO BE PAID 08/21/07 VENDOR DESCRIPTION AMOUNT TREASURER PETTY CASH CC REFUND - GEORGE LEWIS 50.00 CAPITAL HOMES BUILDING PERMIT REFUND 192.50 SIMMONS HOMES BUILDING PERMIT REFUND 152.00 CAPITAL HOMES ECONOMIC DEV REFUND 135.00 SIMMONS HOMES ECONOMIC DEV REFUND 99.00 CAPITAL HOMES MECHANICAL PERMIT REFUND 85.00 SIMMONS HOMES MECHANICAL PERMIT REFUND 85.00 CAPITAL HOMES ELECTRICAL PERMIT REFUND 85.00 SIMMONS HOMES ELECTRICAL PERMIT REFUND 85.00 CAPITAL HOMES PLUMBING PERMIT REFUND 85.00 SIMMONS HOMES PLUMBING PERMIT REFUND 85.00 TREASURER PETTY CASH REFUND -TIM MILLER 22.50 REFUND TOTAL 1,161.00 OFFICE DEPOT OFFICE SUPPLIES 2.19 FRANK W AMBRUS BAILIFF SERVICES 280.00 JPMORGAN CHASE COMMERCIAL CARD VERIFONE -PC CHARGE 750.68 TREASURER PETTY CASH MEETING EXPENSE 29.75 TREASURER PETTY CASH MEETING EXPENSE 32.15 MUNICIPAL COURT DEPT TOTAL 1,094.77 JPMORGAN CHASE COMMERCIAL CARD EMPLOYEE APPRECIATION 8.50 OFFICE DEPOT OFFICE SUPPLIES 20.17 SAMS CLUB OPERATING SUPPLIES 12.28 JPMORGAN CHASE COMMERCIAL CARD DRY CLEANING STATION - LINENS 43.95 FUELMAN FUEL 120.74 CITY MANAGEMENT ASSOC OF OKLA CONFERENCE- ROONEY 95.00 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 14.97 TREASURER PETTY CASH CHAMBER LUNCH 10.00 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 29.00 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 38.99 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 51.14 JPMORGAN CHASE COMMERCIAL CARD EMPLOYEE RECOGNITION 25.00 MANAGERIAL DEPT TOTAL 469.74 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - SUPPLIES 20.37 OFFICE DEPOT OFFICE SUPPLIES 261.74 TREASURER PETTY CASH MILEAGE -HESS 74.71 FINANCE DEPT TOTAL 356.82 JPMORGAN CHASE COMMERCIAL CARD POSTAGE 4.60 OFFICE DEPOT OFFICE SUPPLIES 84.50 WORDCOM PAPER 255.00 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - SUPPLIES 13.99 COMMUNITYCARE HMO EAP SERVICES 220.00 TULSA WORLD CLASSIFIED ADS 709.93 NEIGHBOR NEWSPAPERS CLASSIFIED ADS 7.00 JPMORGAN CHASE COMMERCIAL CARD IPMA CONFERENCE - DEMPSTER 1,080.00 JPMORGAN CHASE COMMERCIAL CARD TRAVEL- SOLENBERGER 10.00 JPMORGAN CHASE COMMERCIAL CARD TRAVEL-SOLE NBERGER 237.30 TREASURER PETTY CASH WORKSHOP /CHAMBER LUNCH 100.00 HUMAN RESOURCES DEPT TOTAL 2,722.32 VENDOR DESCRIPTION AMOUNT OFFICE DEPOT OFFICE SUPPLIES 89.13 HEARTLAND CONSULTING CONSULTING SERVICES 10,500.00 AEP /PSO 07/07 USE 4,439.56 OKLAHOMA NATURAL GAS 07/07 USE 249.78 AT &T 07/07 USE 620.62 US POSTMASTER BULK MAILING 800.00 RESERVE ACCOUNT POSTAGE 2,000.00 TREASURER PETTY CASH POSTAGE 5.05 GENERAL GOVERNMENT DEPT TOTAL 18,704.14 OFFICE DEPOT OFFICE SUPPLIES 132.35 TRIAD PRINTING ZONING MANUAL 310.00 FUELMAN FUEL 691.80 JPMORGAN CHASE COMMERCIAL CARD LOGMEIN- REMOTE ACCESS 54.95 TULSA COUNTY MIS DIAL UP SERVICE 30.00 JPMORGAN CHASE COMMERCIAL CARD AOEP CONFERENCE - MCCULLEY 600.00 JPMORGAN CHASE COMMERCIAL CARD LODGING- MCCULLEY 291.88 INCOG ANNUAL DUES 4,061.25 COMMUNITY DEVELOPMENT DEPT TOTAL 6,172.23 TREASURER PETTY CASH REFUND CHECK -BAIN 41.58 OFFICE DEPOT OFFICE SUPPLIES 47.45 RIDGWAY'S LTD OFFICE SUPPLIES 44.50 TRIAD PRINTING BUSINESS CARDS - BARGAS 75.00 WATER PRODUCTS REPAIR /MAINT SUPPLIES 81.60 FUELMAN FUEL 355.00 TERRACON CONSULTANTS GEOTECHNICAL REPORT 850.00 US CELLULAR CELL PHONE USE 112.58 ENGINEERING DEPT TOTAL 1,607.71 COX COMMUNICATIONS INTERNET FEES 379.95 FUELMAN FUEL 27.67 WATER PRODUCTS FIBER PROJECT SUPPLIES 2,060.00 DUVALL ELECTRIC SERVICE -CITY HALL 268.00 JPMORGAN CHASE COMMERCIAL CARD COMMUNICATION SUPPLY -FIBER PROJECT 1,656.68 L & M OFFICE FURNITURE OFFICE CHAIR 236.50 INFORMATION SYSTEMS DEPT TOTAL 4,628.80 OFFICE DEPOT OFFICE SUPPLIES 116.72 BAILEY EQUIPMENT PARTS -LAWN EQUIPMENT 34.53 SAMS CLUB OPERATING SUPPLIES 151.48 LOWES HOME IMPROVEMENT OPERATING SUPPLIES 17.45 SAMS CLUB PHYSICAL PROPERTY SUPPLIES 309.35 GRAINGER BATTERY 22.48 GRAINGER OPERATING SUPPLIES 37.98 LOWES HOME IMPROVEMENT PHYSICAL PROPERTY SUPPLIES 257.08 LENOX WRECKER SERVICE TOWING CHARGE 117.00 FUELMAN FUEL 455.98 FLYNN'S PEST CONTROL PEST CONTROL SERVICE 220.00 A PLUS SERVICE AC REPAIRS -CITY HALL 2,153.33 FLYNN'S PEST CONTROL PEST CONTROL SERVICE 110.00 COX COMMUNICATIONS INTERNET FEES 69.95 FUELMAN FUEL 288.04 RSC EQUIPMENT RENTAL EQUIPMENT RENTAL 114.00 VENDOR DESCRIPTION AMOUNT AT &T 07/07 USE 136.84 SUPPORT SERVICE DEPT TOTAL 4,612.21 LOWES HOME IMPROVEMENT MAINT SUPPLIES 21.96 FUELMAN FUEL 99.22 AEP /PSO 07/07 USE 16.08 CEMETERY DEPT TOTAL 137.26 COX, H BURL TUITION REIMB 696.00 JPMORGAN CHASE COMMERCIAL CARD USI- SUPPLIES 45.30 GALL'S INC SUPPLIES - BOOKING ROOM 209.96 SAMS CLUB OPERATING SUPPLIES 23.84 LOWES HOME IMPROVEMENT OPERATING SUPPLIES 14.05 TREASURER PETTY CASH KEYS 12.00 GALL'S INC COLOR BRASS /LINED BELT 85.95 FUELMAN FUEL 9,338.92 OWASSO FITNESS ZONE PHYSICAL FITNESS PROGRAM 90.00 HOWARD E STAMPER RADIO REPAIR SERVICES 150.00 AEP IPSO 07/07 USE 3,107.66 OKLAHOMA NATURAL GAS 07/07 USE 109.73 MOTOROLA BATTERIES 146.00 YALE CLEANERS UNIFORM CLEANING 39.96 AT &T 07/07 USE 458.24 JPMORGAN CHASE COMMERCIAL CARD DOMESTIC VIOLENCE TRAINING - CHAMBLESS 100.00 JPMORGAN CHASE COMMERCIAL CARD LODGING- FUNK/HARPER 211.80 JPMORGAN CHASE COMMERCIAL CARD LODGING - PARSLEY /JOBE 211.80 JPMORGAN CHASE COMMERCIAL CARD THE USSA- TRAINING /JONES 800.00 JPMORGAN CHASE COMMERCIAL CARD THE USSA- TRAINING /MUTII 800.00 JPMORGAN CHASE COMMERCIAL CARD TRAINING - YANCEY 5.98 TREASURER PETTY CASH PARKING 24.00 JPMORGAN CHASE COMMERCIAL CARD STOP TECH -STOP STICKS 3,148.60 JPMORGAN CHASE COMMERCIAL CARD VS VISUAL STMT - EQUIPMENT /SOFTWARE 9,877.20 POLICE DEPT TOTAL 29,706.99 JPMORGAN CHASE COMMERCIAL CARD DELL -TONER 79.99 JPMORGAN CHASE COMMERCIAL CARD DELL -TONER 79.99 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - GLOVES 84.25 FORENSIC PSYCHOLOGIST SCREENING EVALUATION - SPARKS 80.00 WAL -MART COMMUNITY PRISONER MEALS 110.58 SAMS CLUB OPERATING SUPPLIES 54.68 DEPARTMENT OF PUBLIC SAFETY OLETS EQUIPMENT RENTAL 450.00 TREASURER PETTY CASH PER DIEM - CARRIER 220.50 POLICE COMMUNICATIONS DEPT TOTAL 1,159.99 WAL -MART COMMUNITY OPERATING SUPPLIES 85.22 JPMORGAN CHASE COMMERCIAL CARD FULLERTON WELDING -DART GUNS 18.00 SAMS CLUB OPERATING SUPPLIES 104.39 JPMORGAN CHASE COMMERCIAL CARD APPAREL 2000 - EMBLEMS /UNIFORMS 48.95 JPMORGAN CHASE COMMERCIAL CARD PATROL TECH - UNIFORM - HEMSOTH /BAKER 414.40 JPMORGAN CHASE COMMERCIAL CARD T -SHIRT EXPRESS - UNIFORM 42.00 FUELMAN FUEL 260.26 AEP /PSO 07/07 USE 398.83 AT &T 07/07 USE 38.17 DANNY BECK CHEVROLET CHEVY TRUCK 16,757.00 ANIMAL CONTROL DEPT TOTAL 18,167.22 VENDOR DESCRIPTION AMOUNT JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - SUPPLIES 109.40 OFFICE DEPOT OFFICE SUPPLIES 147.23 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - SUPPLIES 57.80 JPMORGAN CHASE COMMERCIAL CARD FIRE PROTECTION -STUDY GUIDE 19.00 JPMORGAN CHASE COMMERCIAL CARD FIRE PROTECTION - TESTING MANUALS /BOOKS 228.80 JPMORGAN CHASE COMMERCIAL CARD FIRE PROTECTION -WORK BOOTS 51.00 A N Z SIGNS & SHIRTS DECALS - HELMET 129.00 AMSAN EVE SUPPLY OPERATING SUPPLIES 222.80 SAMS CLUB OPERATING SUPPLIES 130.05 LOWES HOME IMPROVEMENT OPERATING SUPPLIES 59.94 JPMORGAN CHASE COMMERCIAL CARD WEARGUARD- JACKETS 390.60 OKLAHOMA POLICE SUPPLY GLOVES 21.95 JPMORGAN CHASE COMMERCIAL CARD NAFE- UNIFORMS 4,295.00 CROW BURLINGAME COMPANY BATTERY 21.95 JPMORGAN CHASE COMMERCIAL CARD WALMART- SUPPLIES 49.92 FUELMAN FUEL 2,149.34 FIREHOUSE SOLUTIONS COMPUTER SOFTWARE /SUPPORT 5,015.00 OK ASSOCIATION OF CHIEFS OF POLICE EMS -FORMS 13.00 JPMORGAN CHASE COMMERCIAL CARD FIRE INSTRUCTOR - SOFTWARE 223.00 OK ASSOCIATION OF CHIEFS OF POLICE STUDY GUIDE /SCORE FORM 881.00 AEP /PSO 07/07 USE 2,328.73 OKLAHOMA NATURAL GAS 07/07 USE 195.13 AIR CLEANING TECHNOLOGIES KIT /PLYMO VENT SERVICE 253.73 OSTRANDERS FURNITURE & APPLIANCE REPAIR REFRIGERATOR 114.50 AT &T 07/07 USE 230.62 OWASSO FITNESS ZONE PHYSICAL FITNESS PROGRAM 420.00 TREASURER PETTY CASH PER DIEM - GREENBURG 22.00 OK STATE FIRE FIGHTERS ASSOC MEMBERSHIP DUES -CLARK 26.00 OK STATE FIRE FIGHTERS ASSOC MEMBERSHIP DUES - GARRETT 26.00 OK STATE FIRE FIGHTERS ASSOC MEMBERSHIP DUES -HURST 26.00 OK STATE FIRE FIGHTERS ASSOC MEMBERSHIP DUES - ROBINSON 26.00 OK STATE FIRE FIGHTERS ASSOC MEMBERSHIP DUES -SALTS 26.00 OK STATE FIRE FIGHTERS ASSOC MEMBERSHIP DUES -SOLE 26.00 OK STATE FIRE FIGHTERS ASSOC MEMBERSHIP DUES - STUCKEY 26.00 JIMMY D HARGROVE REMOVE BRICK COLUMNS - STATION #2 6,600.00 CHIEF SUPPLY CORPORATION CONSOLE ACCESSORIES 101.94 JPMORGAN CHASE COMMERCIAL CARD SAMS OFFROAD EQUIP- VEHICLE SUPPLIES 269.95 JPMORGAN CHASE COMMERCIAL CARD WS DARLEY- STRIPING 516.80 JPMORGAN CHASE COMMERCIAL CARD TRUCK -N- STUFF - CHIEFS VEHICLE 450.00 FIRE DEPT TOTAL 25,901.18 SAMS CLUB OPERATING SUPPLIES 8.82 AEP /PSO 07/07 USE 68.23 VERDIGRIS VALLEY ELECTRIC COOP STORM SIRENS 37.06 AT &T 07/07 USE 19.09 EMERGENCY PREPAREDNESS DEPT TOTAL 133.20 APAC, INC ASPHALT 71.18 WHITE STAR MACHINERY & SUPPLY SAW BLADE /HANDLE 145.74 TWIN CITIES READY MIX SIDEWALK REPAIRS 686.25 UNIFIRST HOLDINGS UNIFORM /PROTECTIVE CLOTHING 83.86 GEORGE & GEORGE SAFETY & GLOVE UNIFORMS /PROTECTIVE CLOTHING 43.91 AEP /PSO STREET LIGHTS 3,648.92 T -SHIRT EXPRESS UNIFORM /PROT CLOTHING 87.33 VENDOR DESCRIPTION AMOUNT OWASSO FENCE CO POSTS /HARDWARE 826.75 FUELMAN FUEL 1,165.46 ATWOODS SIGN POST PULLER 76.30 AEP /PSO 07/07 USE 1,199.25 GADES SALES CO MAINT- TRAFFIC CONTROLS 265.40 TULSA DYNASPAN CONCRETE BLOCKS - STORAGE SHELTER 1,135.00 STREETS DEPT TOTAL 9,435.35 L & S DEDMON TRUCKING HILLSIDE STORMWATER IMPROVEMENTS 680.00 ANCHOR STONE LIMESTONE SCREENINGS 627.42 UNIFIRST HOLDINGS UNIFORM /PROTECTIVE CLOTHING 73.48 GEORGE & GEORGE SAFETY & GLOVE UNIFORMS /PROTECTIVE CLOTHING 43.91 T -SHIRT EXPRESS UNIFORM /PROT CLOTHING 87.33 CROW BURLINGAME COMPANY MAINT SUPPLIES 12.50 FUELMAN FUEL 1,399.12 LOT MAINTENANCE OF OKLAHOMA STREET SWEEPING /SITE MOWING 1,622.50 STORMWATER DEPT TOTAL 4,546.26 OWASSO TOP SOIL DIRT 120.00 ATWOODS OPERATING SUPPLIES 15.37 OFFICE DEPOT OFFICE SUPPLIES 59.99 ATWOODS SUPPLIES 9.94 LOCKE SUPPLY OPERATING SUPPLIES 33.75 LOWES HOME IMPROVEMENT MATERIALS -CHAIN LINK FENCE 58.14 BAILEY EQUIPMENT EQUIPMENT MAINT 109.71 FUELMAN FUEL 658.05 D & SONS LAWN CARE MOWING -ATOR PARK 80.00 D & SONS LAWN CARE MOWING- CENTENNIAL PARK 999.00 D & SONS LAWN CARE MOWING- VETERANS PARK 60.00 MARSHA ANN SMITH CLEANING PARK RESTROOMS 900.00 AEP /PSO 07/07 USE 1,632.88 RURAL WATER DISTRICT #3 WATER USE - CENTENNIAL PARK 125.00 OKLAHOMA NATURAL GAS 07/07 USE 177.46 AT &T 07/07 USE 268.54 PARKS DEPT TOTAL 5,307.83 OFFICE DEPOT OFFICE SUPPLIES 385.33 SAMS CLUB OPERATING SUPPLIES 8.59 LOWES HOME IMPROVEMENT SUPPLIES 15.91 FUELMAN FUEL 99.02 JPMORGAN CHASE COMMERCIAL CARD LOWES- SUPPLIES /OFFICE PAINTING 245.13 AEP /PSO 07/07 USE 1,200.90 OKLAHOMA NATURAL GAS 07/07 USE 75.75 AT &T 07/07 USE 124.63 US POSTMASTER PERMIT MAILING 50.00 COMMUNITY CENTER DEPT TOTAL 2,205.26 LOWES HOME IMPROVEMENT SPRINKLER 9.97 AEP /PSO 07/07 USE 209.62 OKLAHOMA NATURAL GAS 07/07 USE 59.89 AT &T 07/07 USE 21.73 TREASURER PETTY CASH NOTARY FEE 20.00 HISTORICAL MUSEUM DEPT TOTAL 321.21 FUELMAN FUEL 158.53 VENDOR DESCRIPTION AMOUNT JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE -HAYES 15.92 SAMS CLUB OPERATING SUPPLIES 6.86 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 15.90 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 87.82 JPMORGAN CHASE COMMERCIAL CARD TULSA WORLD- SUBSCRIPTION 120.00 JPMORGAN CHASE COMMERCIAL CARD CONWAY DATA - SUBSCRIPTION 95.00 JPMORGAN CHASE COMMERCIAL CARD ICSC- SUBSCRIPTION 47.95 JPMORGAN CHASE COMMERCIAL CARD IEDC- MEMBERSHIP 345.00 FIRE SERVICE TRAINING OSU ECONOMIC DEVELOPMENT DEPT TOTAL 892.98 GENERAL FUND TOTAL 139,444.47 MEDICARE SERVICES REFUND AMBULANCE REFUND - PRESSNALL 275.72 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - SUPPLIES 115.98 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - SUPPLIES 136.20 MEDICAL COMPLIANCE SPECIALTY BIO -WASTE DISPOSAL 240.00 LENOX WRECKER SERVICE TOWING 185.00 ATC FREIGHTLINER GROUP REPAIR FUEL PUMP -MEDIC 111 5,508.60 AUTOZONE MIRROR 24.99 FUELMAN FUEL 1,846.55 FIRE SERVICE TRAINING OSU ACLS PROVIDER CARDS 60.00 FIRE SERVICE TRAINING OSU FIRST AID CARDS 36.00 JPMORGAN CHASE COMMERCIAL CARD ENTERPRISE - RENTAL /KELLEY 224.97 TREASURER PETTY CASH PER DIEM -MACH 29.25 TREASURER PETTY CASH PER DIEM - KELLEY /GARRETT 378.00 AMBULANCE SERVICE FUND TOTAL 9,061.26 TOTAL RADIO RADIO MAINTENANCE 1,350.00 AT &T E911 FEES 1,907.11 E911 FUND TOTAL 3,257.11 YOUTH SERVICES OF TULSA COUNSELING SERVICES 416.66 YOUTH SERVICES OF TULSA COUNSELING SERVICES 416.66 JUVENILE COURT FUND TOTAL 833.32 MESHEK & ASSOCIATES ENGINEERING SERVICES - DRAINAGE 14,441.25 STORMWATER MGMT FUND TOTAL 14,441.25 TREASURER PETTY CASH AC REFUND -SCOTT CASLER 40.00 ANIMAL STERILIZATION FUND TOTAL 40.00 CROSSLAND HEAVY CONTRACTORS CONSTRUCTION - STATION #3 107,158.11 BKL INCORPORATED ARCHITECTURAL SERVICES - STATION #3 5,320.00 MID - MINNESOTA WIRE & MFG GEAR LOCKERS - STATION #3 5,181.00 CAPITAL IMPROVEMENTS FUND TOTAL 117,659.11 CAPITAL HOMES PARK FEES REFUND 150.00 SIMMONS HOMES PARK FEES REFUND 150.00 PARKS DEVELOPMENT FUND TOTAL 300.00 O'REILLY AUTOMOTIVE SHOP SUPPLIES 15.16 CLASSIC CHEVROLET PARTS FOR RESALE 11.33 UNITED FORD PARTS FOR RESALE 656.26 CLASSIC CHEVROLET PARTS FOR RESALE 221.25 VENDOR O'REILLY AUTOMOTIVE AEP /PSO OKLAHOMA NATURAL GAS AT &T LENOX WRECKER SERVICE TULSA AUTO SPRING MYERS TIRE SUPPLY UNITED SAFETY & CLAIMS CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT DESCRIPTION AMOUNT PARTS FOR RESALE 1,849.65 07/07 USE 641.00 07/07 USE 70.99 07/07 USE 60.94 TOWING CHARGE 77.00 REPAIR -TRASH TRUCK 560.00 WHEEL BALANCER 8,270.70 CITY GARAGE FUND TOTAL 12,434.28 THIRD PARTY ADMIN FEES 1,450.00 PROFESSIONAL SERVICES 654.50 MEDICAL CLAIMS 52.62 WORKERS COMP 527.04 WORKERS COMP 327.31 MEDICAL CLAIMS 102.50 MEDICAL CLAIMS 975.73 MEDICAL CLAIMS 433.17 SETTLEMENTS 1,369.00 SETTLEMENTS 1,369.00 SETTLEMENTS 1,369.00 WORKER COMP FUND TOTAL 8,629.87 GRAND TOTAL 306,100.67 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 08/21/07 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 19,211.66 27,373.15 22,677.48 69,262.29 1,456.60 1,456.60 2,158.46 2,158.46 72,877.35 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 8/4/2007 Department Overtime Expenses Total Expenses Municipal Court " 66,20 5,635:64'' Managerial 14.18 22,141.08 =Finance 15,238`.04 Human Resourses - 8,271.96 ;Community Developmen A 17,716.86 Engineering - 16,182.99 :information System Support Services - 9,797.97 F?olice 33,099.21 Central Dispatch 156.55 11,069.40 namai Corn �1�3 89 �' Fire 1,646.07 100,285.03 Streets 262.25 11,225.71 r. ..... { �. rte_ .,.e, „» ..,, .. ^ Stormwater;l�l�' Maine .... 139 01 - w.•tt.. 10 002 0` , ...b Park Maintenance - 11,012.56 Historical Museum - 2,633.06 Garage Fund - 5,375.94 Ambulance Fund 1,015.51 22,757.42 Emergency 911 Fund 52.18 3.782.00 Workers Compensation 3.392.61 CITY OF OWASSO GENERALFUND FISCAL YEAR 2007 -2008 Statement of Revenues & Expenditures As of July 31, 2007 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 1,435,492 $ 1,435,492 $ 17,883,000 8.03% Licenses & permits 26,274 26,274 303,500 8.66% Intergovernmental 37,236 37,236 421,500 8.83% Charges for services 15,847 15,847 276,500 5.73% Fines & forfeits 52,773 52,773 680,000 7.76% Other 4,219 4,219 115,300 3.66% TOTAL REVENUES 1,571,842 1,571,842 7.99% 19,679,800 EXPENDITURES: Personal services 821,298 821,298 10,914,875 7.52% Materials & supplies 14,805 14,805 605,661 2.44% Other services 96,569 96,569 1,507,977 6.40% Capital outlay 32,395 32,395 986,333 3.28% TOTAL EXPENDITURES 965,067 965,067 14,014,846 6.89% REVENUES OVER EXPENDITURES 606,776 606,776 5,664,954 10.71% TRANSFERS IN (OUT): Transfers in 854,668 854,668 10,520,000 8.12% Transfers out (1,341,223) (1,341,223) (16,501,125) 8.13% TOTAL TRANSFERS (486,555) (486,555) (5,981,125) 8.13% NET CHANGE IN FUND BALANCE 120,221 120,221 (316,171) FUND BALANCE (GAAP Basis) Beginning Balance 5,139,066 Ending Balance $ 5,259,287 FUND BALANCE (Budgetary Basis) Beginning Balance 3,785,063 2,520,000 Ending Balance $ 3,905,284 $ 2,203,829 MEMORANDUM TO: THE HONORABLE M YOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER PROJECT MANA R SUBJECT: ACCEPTANCE OF STREETS AND STORM DRAINAGE SYSTEMS PRESTION LAKES III DATE: August 7, 2007 BACKGROUND: The subject residential development is located northwest of the North 161St East Avenue and East 86th Street North intersection (see Attachment A). The sanitary sewer system was accepted by Council on October 19, 2004. The water system is within the jurisdiction of Rogers County RWD No. 3. Designs for the streets and stormwater drainage systems were reviewed and approved in January of 2004. FINAL INSPECTION: Final inspection of the streets and storm drainage system was completed on June 30, 2007. All items identified at the final inspection requiring correction to meet city standards have been completed. The developer has provided the required two -year maintenance bond for the streets and the one -year maintenance bond for the storm drainage system (see Attachment B). RECOMMENDATION: Staff recommends Council acceptance of the Preston Lakes III streets and storm drainage system. ATTACHMENTS: A. Location Map B. Maintenance Bond Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com PRESTON LAKES III LOCATION MAP N W E S 3/26/07 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No. CBB 30310 KNOW ALL MEN BY THESE PRESENTS, That we Preston Lakes Development Group, L.L.C. as Principal (Developer and Contractor), and National American Insurance Company as Surety, are held and firmly bound unto the City of Owasso, as Obligee, in the penal sum of Two hundred twelve thousand, five hundred thirty -nine & no /100 ($ 212,539.00 ) which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of two (2) year(s) after final approval of the Paving and Inlets to Serve Preston Lakes III (Phase 1) a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIONS IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AN-6—DATED: December 31, 2004 Preston Lakes Development Groupi L.L.C. BY: National Americ4l-rnsurance Company ) z % , Surety -Fact Attach 1`9Aelof Attorney Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No. GR 4764 KNOW ALL MEN BY THESE PRESENTS, That we Preston Lakes Development Group LLC as Principal (Developer and Contractor), and Granite Re, Inc. as Surety, are held and firmly bound unto the City of Owasso, as Obligee, in the penal sum of Two hundred seventy-seven thousand dollars and no /100 - - - -- ($ 277,000.00 ) which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of 2 two year(s) after final approval of the Paving at Preston Lakes III (Phase II) a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIONS IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: March 13, 2006 ?rincipal Surety in -Fact Attach Power of Attorney ��o�ely `.l'io�dr c$ire ;Sro International Fidelity I N S U R A N C E C O M P A N Y MAINTENANCE BOND One Newark Center Newark, New Jersey 07102 (973) 624 -7200 BOND NO. SWIF SU0305337 KNOW ALL MEN BY THESE PRESENTS: THAT WE, IRA M. Green Construction Company as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Sersey Corporation of One Newark Canter, 20th Floor, Newark, New Jersey, (icensed to do business in the State of New Jersey and Oklahoma as Surety, are held and firmly bound unto City of Owasso as Ob)igee, in the full and lust sum of Four Hundred Forty Four Thousand Nine Hundred ten and 00/100 ( $ 444,910.00 ) Dollars lawful money of the United States of America to the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED THIS 14 day of September , 2004 THE CONDITION OF THIS OBLIGATION IS THAT, WHEREAS the Principal entered into at contract with the Obligee for Preston Lakes III - Owasso, Oklahoma Sanitary Sewer and Storm drainage AND WHEREAS, the Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with said Contract. ?SOW, T}4ZREFORE, if the Principal shall make any repairs or reptacements which may become necessary during the period of One year after acceptance because of defective materials or workmanship in connection with said contract of which defectiveness the Obligee shall give the principal and Surety written notice within (30) thirty days after discovery thereof, then this obligation shall be void; otherwise it shall be in full force and effect. Atl suits at Iaw or proceedings in equity to recover on this bond must be instituted within twelve (12) months after the expiration of tt�e maintenance period provided for herein. Witness Ira M. Green Witness Michael Tedford Attomey -in -Fact 1-83 Company, President ;�NSUPA-UCE COMPANY international RdeNtl► I N S U R A N C E C O M P A N Y DUAL OBLIGEE RIDER TO BE ATTACHED TO AND FORM PART OF Maintenance Bond No. SWIF SU0305337 Dated September 14, 2004, issued by INTERNATIONAL FIDELITY INSURANCE COMPANY, as Surety, on behalf of Ira M. Green Construction Company, as Principal, and in favor of City of Owasso, as Obligee. IT IS HEREBY UNDERSTOOD AND AGREED THAT Preston Lakes, LLC are added as Dual Obligees under the above described bond. IT IS FURTHER UNDERSTOOD AND AGREED THAT the above described bond is hereby amended to include the following Dual Obligee clauses: "Surety shall be entitled to the benefit of all rights and remedies available to Principal in the event of a default under the Contract by the Obligees, or any of them, including but not limited to the right to offset any amounts owing to Principal or Surety against the obligations of Surety hereunder." "In no event shall Surety be liable to the Obligees in the aggregate for more than the Bonded Sum as a result of the Dual Obligee Rider, nor shall it be liable except for a single payment for each single breach or default. At Surety's election, any payment due to any Obligee may be made by its check issued jointly to all." IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to change, alter or vary the terms of the above described bond except as hereinbefore set forth. SINGED, SEALED AND DATED this 14 day of September, 2004 "SURETY" INTERNATIONAL FIDELITY INSURANCE COMPANY Y Michael Tedford Attorney -In -Fact "PRINCIPAL" Ira M. Green Construction Company "OBLIGEE" City of Owasso & Preston Lakes, LLC i 0 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY D. ROONEY ASSISTANT CITY MANAGER SUBJECT: REQUEST FOR AUTHORIZATION TO DISCHARGE FIREWORKS EXCHANGE BANK DATE: August 13, 2007 BACKGROUND: The staff has received a request from Exchange Bank for an item to be placed on the City Council agenda for consideration to approve the discharge of fireworks before each home football game at the Owasso High School. City Code requires approval from the City Council for any public display of fireworks within the city. Attached is a copy of that section of the Code. Exchange Bank has been the sponsor for Fireworks at the Owasso High School football games for several years. The sponsors have met with representatives of the Fire Department to coordinate the event and address safety concerns. At this time, all requirements established by the Fire Department have been addressed by the sponsors. RECOMMENDATION: Staff recommends Council approval of the request to discharge fireworks before each home football game for the 2007 -08 school year. ATTACHMENT: 1. Portion of the City Code of Ordinances Relating to Fireworks SECTION 10 -304 FIREWORKS PROHIBITED A. Except as provided in Subsection B of this section the sale, use, display, firing, igniting, lighting or discharge of fireworks within the city is unlawful and'an offense. B. The following are exceptions to the prohibitions in Subsection A: 1. The firing, igniting or lighting of the following are exempt from the prohibition contained in Subsection A of this section: sparklers, fountains, pinwheels and all such types of fireworks that are not explosive or noise making in character and are stationary: Not' included in this exception are Roman' candles, bottle rockets and sky rockets; 2. The city council may, for the common good, approve and sponsor a public display of fireworks within the city celebrating Independence Day. The public display of'fireworks` must meet each of the following requirements: a. The group organizing the event and igniting the fireworks must obtain the city council's specific approval for the event; b. The event must be open to the public, free of charge; C. The use, display, firing, ignition, lighting and discharge of the fireworks must be done in the presence of an authorized representative of the city fire department; and d. The group(s) organizing the event and igniting the fireworks must indemnify and hold the city harmless for any damage caused by the event and provide an insurance policy, with the city named as an insured, covering and protecting the city from liability to the extent it is not immune by state law. (Prior Code, Sec. 8 -17; Ord. No. 354, 7/1/86) Cross Reference: Fire Prevention Code, Section 13 -101. State Law Reference: Bottle rockets prohibited by state law, 68 O.S. Section 1624;, State fireworks licenses, 68 O.S. Sections 1621 et seq.; municipal power to regulate, 11 O.S. Section 22 -110. SECTION 10 -305 STORING OR KEEPING EXPLOSIVES It is unlawful for any person to store or keep within the city any, nitroglycerin, dynamite, gunpowder, or any other highly explosive material or substance, except that gunpowder may be kept in quantities of not to exceed five (5) pounds where the same is securely kept. SECTION 10 -306 CARRYING. WEAPONS, EXCEPTIONS A. It is unlawful for any person, except those persons authorized by law., to carry upon_ or about their persons,or in their vehicles any weapon of the kind usually known as slingshot,. bowie knife, dirk knife, switchblade knife, spring -type knife, knife having a blade which opens automatically by hand pressure. applied to a button, spring or other device in the handle of *the knife, loaded cane, billy, metal knuckles, or any, other offensive or defensive weapon, excluding firearms, the. carrying of which is governed. by State law. B. Any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid concealed;hsndgun permit authorized by the Oklahoma Self-Defense Act or a valid license from another state, whether the loaded firearm is concealed or open in the vehicle, shall be issued a traffic citation in the amount of Seventy Dollars ($70.00), or such amount as may otherwise be provided in 21 O.S. § 1289.13A (A), plus court costs, for transporting a firearm improperly.: In addition to the traffic citation provided in this ordinance, the person may additionally be arrested for any other violation of law. C. When the. arresting officer determines that a valid handgun. license exists:, pursuant to the Oklahoma Self- Defense Act or anv provision of lav from another state. for anv person in the. stormed MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI ° GENERAL COUNSEL SUBJECT: SUBROGATION SETTLEMENT IN DEARMOND V. WARD DATE: August 16, 2007 BACKGROUND On July 23, 2004, an employee of the City of Owasso, Rick DeArmond, was injured in an automobile accident while on duty and performing duties in the scope of his employment. Specifically, an automobile driven by Melissa Ward collided with the vehicle driven by Captain DeArmond and resulted in significant injuries to his left shoulder. Subsequent to this accident, Captain DeArmond incurred Ten Thousand, Nine Hundred Thirty -Seven Dollars and Seventy - Nine Cents ($10,937.79) in medical expenses, all of which were paid by the City of Owasso. Twenty Thousand, Three Hundred Twenty -Eight Dollars ($20,328.00) was ultimately paid to Captain DeArmond in permanent disability benefits, thus resulting in a total of Thirty -One Thousand, Two Hundred Sixty -Five Dollars and Seventy -Nine Cents ($31,265.79) paid to him in medical and benefits. Subsequent to his accident, Captain DeArmond filed suit against both the driver of the other vehicle, Melissa Ward, and the vehicle's owner, Christopher Keith Ward, in the District Court of Tulsa County. Mr. Ward maintained an automobile insurance policy with Geico Insurance at the time of the accident, and that company provided a defense for both of the defendants in the suit filed by Captain DeArmond. The City of Owasso filed pleadings with the court giving notice of its intent to maintain a right of subrogation against the defendants. This action was necessary to ensure that the City of Owasso received partial reimbursement for monies paid by the City to Captain DeArmond as a result of injuries he sustained in the accident. Prior to beginning trial in this case, the parties participated in a settlement conference as suggested by the trial court judge. As a result of the settlement negotiations, a settlement agreement, pending approval and ratification by the City Council, was reached by the parties. That agreement provides that Geico Insurance will disburse a total of $25,000 as payment in full for damages in this case. One -third of this amount will be paid to Captain DeArmond's attorney, one -third to Captain DeArmond, and one -third to the City of Owasso in partial subrogation for the medical expenses and the benefits paid to Captain DeArmond as a result of the accident. 1 While the subrogation award to the City of Owasso is not full compensation for the total amount of expenses and damages paid by the City to Captain DeArmond, it is comparable and typical of the amounts generally received by employers in subrogation actions of this type. Generally speaking, compensation for an employer in subrogation actions ranges from $0.15 to $0.50 for each dollar originally paid by the employer. In this case, the proposed settlement results in the City of Owasso receiving approximately $0.25 for each dollar paid to its employee. The percentage to be received in this case is on the lower end of the scale for two reasons. First, the settlement amount agreed upon by the parties is near the policy limit of the insurance policy carried upon the vehicle. Typically, the less room for additional negotiation, the less paid in subrogation to the employer. Second, Captain DeArmond's attorney, who has first priority to payment of his total fee and expenses before disbursals may be made to any other party, is compromising the amount of his fee and the litigation expenses he has already paid, thus allowing larger amounts to be paid to Captain DeArmond and the City. If the attorney so chose, he could refuse to settle for less than his entire fee and the amount of litigation expenses he has paid. This would result in lesser amounts being paid to both the City and its employee. Based on these two factors, it is likely that the City would not receive a greater amount if this case were taken to trial. RECOMMENDATION Staff recommends that Eight Thousand, Three Hundred Thirty -Three Dollars and Thirty -Three Cents ($8,333.33) be accepted as total settlement of the City's subrogation rights in this case, and that the City Manager be given full authority to execute all necessary settlement documents. 2 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: SOCIAL HOST ORDINANCE NO. 899 DATE: August 16, 2007 BACKGROUND Law enforcement officials, on both a national and local level, are expressing increasing concerns regarding the escalating use of alcohol by juveniles in social settings. Of particular concern are parties held in private residences or other non - public settings where alcohol is readily available to minors. While some of these social functions may be held in a residence during the absence of a minor's parents, a trend is developing whereby parents of a minor or other adults may be present in the home while alcohol is being consumed by underage juveniles, and may even be aware that alcohol is being used, and yet take no action to intervene or curtail the alcohol use. Further still, in an alarming number of cases, parents or another adult may actually procure and provide the alcohol to juveniles attending a party in their residence. The rationale of parents and other adults who permit or provide alcohol to be consumed by juveniles in attendance at a party in their homes or other private setting are varied, and may be intended to prevent juveniles from consuming alcoholic beverages and driving. However, in many instances, underage youth do end up driving and riding in automobiles at the conclusion of the party, thereby posing a grave danger to themselves and others. In addition, significant demands are made upon police manpower and resources, given that the police are frequently called to the scene of such parties to address noise complaints, rowdy behavior, physical altercations and property damage. Remedial options available to law enforcement officials summoned to a social event attended by underage juveniles who are consuming alcohol are limited. Juveniles who are intoxicated and who are on private property may not be charged with public intoxication. Likewise, juveniles who have consumed alcohol, and yet are not holding a can, cup or bottle of alcohol when police officers arrive, most usually cannot be charged under state statutes or local ordinances penalizing minors who are in possession of alcoholic beverages. These circumstances result in an inability of police officers to arrest or issue a citation to the juvenile who is consuming the alcohol. Notifying the juvenile's parents by telephone and requesting that the juvenile be picked up is often the only recourse left to police officers in these situations. It is generally believed by officers in the City of Owasso's Police Department that these limited measures are ineffective 1 and insufficient to discourage, reduce or prevent alcohol consumption by minors in these private party settings. In an effort to directly address the issue of juvenile alcohol consumption at private residential parties, a number of municipalities have adopted preventative local laws commonly known as "Social Host" ordinances. In Oklahoma, the municipalities of Enid, Yukon and Edmond have recently adopted ordinances of this type. These ordinances focus upon the criminal conduct of the parents or adults supplying the alcohol rather than upon the juveniles consuming the alcohol. Preliminary reports indicate that penalizing the adults, who provide or knowingly allow consumption of alcohol in their homes by underage youth, is significantly more effective than citing the juveniles themselves for consuming or possessing the alcohol. This ordinance is intended to apply to any parent, guardian or other adult who knowingly hosts, permits or allows a party, gathering or event where minors are present and are consuming alcoholic beverages. In addition, the ordinance would also be applicable to a minor who is in control of a gathering on private property, in the absence of a supervising adult. This provides police officers with authority to order a minor, whose parents are not present, to immediately disperse a private gathering, and, additionally, to cite the minor for violating this ordinance if the officers deem it appropriate. Essentially, this ordinance imposes penalties upon any person who has control of a private residence, or other private property, who fails to take reasonable steps to prevent the consumption of alcohol by underage youth at any social gathering. "Reasonable steps" may include verifying age by inspecting drivers' licenses or other identification cards, and, perhaps most importantly, actually supervising the social gathering and the activities taking place. Nothing within the ordinance prohibits the consumption of alcohol by a minor at a family activity within the family home under the supervision of a parent or guardian. Likewise, the ordinance is not applicable to a religious activity unless the minor leaves the activity intoxicated and is in a public place. This ordinance represents the next step which needs to be taken in the City of Owasso's comprehensive effort to provide protection to the city's youth. The intent of the ordinance is three -fold. First, it seeks to discourage parents and other adults from allowing youth under their supervision to consume alcohol. Second, the ordinance seeks to provide the City's police officers with the authority needed to effectively respond when called to a residence or other private premises where youth are consuming alcohol. Finally, enactment of this ordinance signifies yet again the commitment by the City of Owasso to protect youth from alcohol use and its consequences. RECOMMENDATION Staff recommends Council approval of Ordinance No. 899. ATTACHMENT: Proposed Ordinance No. 899 2 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 899 AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 4, OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY IMPOSING PENALTIES UPON PERSONS WHO PERMIT OR ALLOW GATHERINGS WHERE ALCOHOL IS SERVED TO MINORS. THIS ORDINANCE AMENDS PART 10 OF THE CITY OF THE OWASSO CODE OF ORDINANCES BY CREATING SECTION 10 -423, ENTITLED PERMITTING OR ALLOWING GATHERINGS WHERE ALCOHOL IS SERVED TO MINORS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 10, Offenses and Crimes, Chapter 4, Offenses Against the Health, Welfare and Morals, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION TWO (2): SECTION 10 -423 PERMITTING OR ALLOWING GATHERINGS WHERE ALCOHOL IS SERVED TO MINORS Definitions. For the purposes of Section 10 -423, the following definitions shall apply: "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. "Alcoholic beverage" include alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one -half of one (1) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. This term includes intoxicating beverages and low point beer as defined herein. "Gathering" is a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity. "Legal Guardian" means (1) a person who, by court order, is the guardian of a minor; or, (2) a public or private agency with whom a minor has been placed by the court. "Minor" means any person under twenty -one (2 1) years of age. "Parent" means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person. "Premises" means any residence or other private property, place or premises, including any commercial or business premises. 2. Consumption of Alcohol by Minor in Public Place, Place Open to Public, or Place Not Open to Public. A. Except as permitted by state law, it is unlawful for any minor to: (1) consume any alcoholic beverage at any public place or any place open to the public; (2) consume any alcoholic beverage at any place not open to the public, unless that minor is being supervised by his or her parent or legal guardian, or is participating in a religious service with a parent or guardian; or (3) host, permit, or allow a party, gathering, or event where minors consuming alcoholic beverages are permitted: (a) It is unlawful any person having control of any premises to host, permit, or allow a gathering to take place and to allow any minor to consume an alcoholic beverage while present at said gathering. Reasonable steps to prevent the consumption of alcohol by a minor at such a gathering must be taken, and include: limiting access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers' licenses or other government- issued identification cards; and, supervising the activities of minors at the gathering. (b) This Section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian. SECTION THREE (3): REPEALER All ordinances, or parts of ordinances, in conflict with this amended ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): 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 FIVE (5): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by creating an ordinance to be codified in Part 10, Chapter 4, as section 10 -423, "Permitting or Allowing Gatherings Where Alcohol is Served to Minors." PASSED by the City Council of the City of Owasso, Oklahoma on the 21" day of August, 2007. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this 16th day of August, 2007. AW 4/ E I aACQ Julie ombardi, City Attorney 3 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: FINAL PLAT (Tyann Plaza X) DATE: August 16, 2007 BACKGROUND: Kellogg Engineering has submitted a request to review and approve a preliminary plat proposing ten commercial and office lots on 13.69 acres located on the east side of the Owasso Expressway, just north of the Three Lakes III addition. A general area map is attached for your review. EXISTING LAND USE: Existing property is undeveloped. SURROUNDING LAND USE: North: Developing as Southern Agriculture, Aldi, & All American Fitness South: Three Lakes subdivision East: Smith Elementary School West: Owasso Expressway, Smith Farm Marketplace PRESENT ZONING: CS (Commercial Shopping District) & OM (Office Medium) DEVELOPMENT PROCESS: The four primary steps in the development annexation, zoning, platting, and site planning. of commercial property in Owasso include The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC) and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate 10 commercial and office lots on 13.69 acres. The Preliminary Plat meets all Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for commercial development. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan as the area is forecasted for commercial development. There is already an emerging pattern of commercial uses occurring in the general area. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the July 25, 2007 regular meeting. At that meeting, utility providers, as well as staff, were afforded the opportunity to comment on the plat and request any additions and/or concerns. The following TAC recommendations were addressed: 1. Applicant must confirm legal of Final Plat 2. Applicant must include 150' limits of no access on Lot 7 Block 1 PLANNING COMMISSION The Owasso Planning Commission considered the application at a public hearing conducted on August 13, 2007. At that public hearing, the Planning Commission unanimously recommended approval of the final plat. RECOMMENDATION: Staff recommends Council approval of the Tyann Plaza X Final Plat subject to the above conditions. ATTACHMENTS: 1. Case Map 2. Site Drawing Owasso Community Development Department 1 1 1 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com Final Plat Tyann Plaza X 3 Nil@ g d Sill z m ,_ ron w f" n,roio n° � f Yn« (uf s• : . s!E3 �,�e0 Y W '$'o ? ? 2Yroi a oaNm p—� ,r 3 Nil@ g d Sill z m ,_ ron w f" n,roio n° � f Yn« sxa; 9 Iq,4pI �{ s!E3 �,�e0 Y W '$'o ? ? 2Yroi a oaNm p—� Z w� Z j 3 3... 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E .L7} I g I3.. ter 9 ' 4te$ .xlx .rrl.l$rl . r5� .F 4.[111 ♦ iC`-- qsl r 1 Y M I I I I44_ •y \ yam, � ,w��Ye 8� h� MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: FINAL PLAT (Villas at Preston Lakes) DATE: August 16, 2007 BACKGROUND: Case & Associates has submitted an application to the Planning Commission for approval of a final plat for the Villas at Preston Lakes, located 1/4 mile north of East 86th Street North just east of North 145th East Avenue. The applicant wishes to create one multi - family lot on approximately 11. 17 acres. A general area map is attached. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Preston Lakes Phase I South: The Vine East: Preston Lakes Phase I West: Preston Lakes Offices PRESENT ZONING: OPUD #15/Residential Multi - Family DEVELOPMENT PROCESS: The four primary steps in the development annexation, zoning, platting, and site planning. of commercial property in Owasso include The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC) and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate a multi - family development on 11.17 acres. The subject property is located within the Preston Lakes PUD and zoned for residential multi - family. Since this is a one lot development there is no preliminary plat required. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan as the area is forecasted for residential development. The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning Code. The development will be served water and sewer by the City of Owasso. Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the July 25, 2007 regular meeting. At that meeting, utility providers, as well as staff, were afforded the opportunity to comment on the plat and request any additions and /or concerns. No concerns were addressed. PLANNING COMMISSION The Owasso Planning Commission considered the application at a public hearing conducted on August 13, 2007. At that public hearing, the Planning Commission unanimously recommended approval of the final plat. RECOMMENDATION: Staff recommends Council approval of the Villas at Preston Lakes Final Plat. ATTACHMENTS: 1. Case Map 2. Final Plat E 9t' ST-'N- J. -.1 L-J-L-E- 90th PL N 4- 90th ST N d8th' PL-N Subject Property E 86 ST N W W Owasso Community Development Department 1 1 1 N. Main St. Owasso, OK 74055 918.376.1500 918,376.1597 www. city ofowasso. com Final Plat Villas at Preston Lakes ik' N E S PRELIMINARY PLAT THIS VILLAS AT PRESTON A PART OF THE SW /4 OF SECTION 22, TOWNSHIP 21 NORTH, RANGE 14 EAST, CITY OF OWASSO, ROGERS COUNTY, OKLAHOMA A PART OF OPUD -15 OWNER THE VILLAS AT PRESTON LAKES, LP 4200 E SKELLY DRIVE, STE 800 TULSA, OKLAHOMA 74135 PHONE: (918) 492 -1983 ENGINEER /SURVEYOR TUTTLE & ASSOCIATES, INC. 9718 E. 55TH PL. 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B67J/ S7BlET AQPT21 ` txwTKal LOCATION MAP 325.837 SQUARE FEET 12.07 ACRES I LOT r -- \ 1 I L__ \(A 1 I I t 1 _{ A 6-Y i A i� 'I ECRIYE.ITE Al PRDNOEp IN TIAC 11, ERAPIER I; A. IfREBY —111 MAT 11 1 ALL Kµ fS1ATC IAYES M\RVOI M Atli PUT, ALL SUOI FMAL PLAT IVES NAK 9En1 PAN AS PQIEC1iA 1Y ME CQITFIGIE v uPROVAI —1 IAK —1 AND SEa TY Al AE-- Yr — ... Srl, NAS .. m n[p(B, QARfr PIMIVp IN E iwpp\cp MAT MS KAT *AS er rK pAA53p aT, CMMOL op ANOINT 6 PEN iRUiT 2007 KCFIrT HO Af KI CE...E. 4C. TAlE3 2101 MIS CERABOATE n .1 10 K Ob1STRUEO MAYOR -- 41— AS IAY4Cf11 OF TAI M FLL, MIS ARIIpYAI IS Y.9p N ME AEON TIT 12 GVFH M ONDER MAT MS rLAI IFAY K — EF RC 9QINNANK 5 NOT OIOMYU Or MC O IA— —D EA E, THE AMOONT OF ME K. � gCLRTY --T. PENN, S EA —, Cd,Tltt RICASIREP NOTES —11 I GTr ELpK 1. ADDRESS SHOWN ON THIS PLAT WERE ACCURATE AT THE TIME THIS PLAT WAS FILED; ADDRESS ARE SUBJECT TO CHANGE AND SHOULD NEVER BE RELIED ON IN PLACE OF LEGAL DESCRIPTIONS. 2 BASIS FOR BEARINGS IS WEST LINE OF SECTION ASSUMED N00'02'20'W. 3. THIS PLAT MEETS THE OKLAHOMA MINIMUM STANDARD FOR THE PRACTICE OF LAND SURVEYING AS ADOPTED BY THE OKLAHOMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS 4. THE QTY OF OWASSO IS NOT RESPONSIBLE FOR THE PA\ANG NOR IT'S REPAIR DUE TO WATERUNE MAINTENANCE MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OZ 07 -05 DATE: August 18, 2007 BACKGROUND The City of Owasso has received a request to review and approve the rezoning of Lots One (1) and Two (2), Block Twenty -nine (29), Original Town Owasso from RS -3 (Residential) to CG (Commercial General), located at 302 South Main Street. A general area map has been attached for your review. EXISTING LAND USE Residential SURROUNDING LAND USE North: Commercial/First Bank of Owasso South: Commercial /Industrial East: Commercial West: Industrial/Undeveloped PRESENT ZONING RS -3 (Residential) DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. Specific development concerns, such as drainage, traffic, water /wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC) and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS The applicant is requesting to rezone two (2) lots located directly south of First Bank of Owasso at 302 South Main Street, from RS -3 (Residential) to CG (Commercial General). The request is consistent with the Owasso Land Use Master Plan as it calls for commercial and industrial development in the area. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. Any new construction or expansion will be required to follow the guidelines set forth by the Owasso Zoning Code and will require site plan approval and a building permit. PLANNING COMMISSION The Owasso Planning Commission considered the application at a public hearing conducted on August 13, 2007. At that public hearing, the Planning Commission unanimously recommended approval of the rezoning. RECOMMENDATION Staff recommends Council approval of rezoning request OZ 07 -05. ATTACHMENTS: 1. General Area Map W 1 AVE 5 W 2 AVE S FIRST BANK W 3 AVE S I— Z_ Q �; I W 4 AVE S Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com L I AV t J -1 E 3 AVE,S E 4 AVE S W S.Z Q% M OZ 07 -05 w to 0! bi Q 0 U to E 4 AVE S L A rj W V) 0 O O O O 0 V) MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: ANNEXATION — (OA- 07 -04) DATE: August 16, 2007 BACKGROUND The City of Owasso has received a re uest from Sean Bond, for the annexation of approximately 2.18 acres, located at 13210 East 103' Street North. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Large Lot Residential West: Large Lot Residential South: Large Lot Residential East: Owasso Expressway PRESENT ZONING RS (Residential Single Family District) — Tulsa County ANNEXATION REVIEW PROCESS The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The applicant must submit as part of the request a signed petition requesting the annexation, an accurate legal description and map of the property being requested for annexation and a certified 300' radius report so that staff may send legal notices to surrounding property owners. Upon receipt of all appropriate materials, the staff initiates the review process which begins with a thorough analysis of the request. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials, and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits, an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted the ordinance is circulated to the appropriate regional and national agencies for recording and altering maps. ANALYSIS The purpose of the applicant's annexation request is to bring the undeveloped property into the City of Owasso. The two undeveloped lots consisting of 2.18 acres are currently planned for residential use by the Owasso 2015 Land Use Master Plan. With the exception of the east side of the properties that front onto the Owasso Expressway, the area is very residential in nature. The staff's position is that the neighborhood bordered by N. 1291h E. Ave., E. 106`h St. N., and the Owasso Expressway should have one land use. The location lends itself to commercial or office development, but the area has already developed residentially. In order to protect the residential investments of those who already live in the area, the staff would only be supportive of changing the land use if the request was submitted by all the property owners at the same time. Therefore, it is the staff's finding that a commercial or office rezoning would be detrimental to the surrounding area at this time. Before the city publishes and mails public notice of the annexation hearing, the city must prepare a plan to extend municipal services including, but not limited to, water, sewer, fire protection, law enforcement and the cost of such services appropriate to the proposed annexed territory. This annexation service plan must be made a part of the city's capital improvements plan, and the plan must be implemented within 120 months (10 years). The annexation request is consistent with the Owasso 2015 Land Use Master Plan which calls for residential development on and near the site. Staff published legal notice of the annexation petition in the Owasso Reporter. Staff has received phone calls in opposition or inquiring about the request. ANNEXATION COMMITTEE: The Owasso Annexation Committee reviewed the request at its meeting on July 25, 2007. At that meeting, the committee unanimously recommended approval of the annexation. PLANNING COMMISSION The Owasso Planning Commission considered the application at a public hearing conducted on August 13, 2007. At that public hearing, the Planning Commission unanimously recommended approval of the annexation. RECOMMENDATION Staff recommends Council approval of the request for annexation at the regular meeting of the City Council on August 21, 2007. ATTACHMENTS: 1. General Area Map Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com 1 ' 110 I MEMORANDUM TO: RODNEY RAY CITY MANAGER FROM: SCOTT CHAMBLESS DEPUTY CHIEF OF POLICE SUBJECT: WOLF HYBRID RESEARCH & RECOMMENDATION DATE: August 9, 2007 BACKGROUND: On July 3, 2007 Owasso Animal Control Officers impounded a canine that was running at large within the city limits of Owasso. The Animal Control Officers identified the canine as possibly being a Wolf Hybrid (part domestic canine and part wolf). On July 5, 2007 the owner of the canine, Mrs. Pepper Priest, entered the Animal Shelter to claim the referenced canine. At this time Mrs. Priest told the Animal Control Officers that the canine was indeed a Wolf Hybrid and in a later conversation with Deputy Chief Chambless, Mrs. Priest acknowledged that the Wolf Hybrid was over 90% wolf. Initially, the Animal Control Officers refused to return the Wolf Hybrid to Mrs. Priest because Owasso City Ordinances prohibit this type of animal within the city limits. Mrs. Priest appealed the decision of the Animal Control Officers to Deputy Chief Chambless. Deputy Chief Chambless consulted with the City Judge, City Prosecutor, and City Attorney, all of which agreed that if Mrs. Priest removed the Wolf Hybrid from the City of Owasso that she would be allowed to take possession of the animal. Mrs. Priest signed a Hold Harmless Agreement stating that she would remove the Wolf Hybrid and accept all civil liability for the animal. Mrs. Priest inquired as to the steps required to change the city ordinances. Deputy Chief Chambless advised Mrs. Priest that he would not request the change for her as he was not convinced it would be the best course of action. Mrs. Priest was told that she could discuss the issue with her City Councilman. On August 7, 2007, Mrs. Priest presented her concerns to the City Council at the regularly scheduled City Council Meeting. In her presentation, Mrs. Priest asked members of the City Council why the City of Owasso had ordinances prohibiting Wolf Hybrids. The Mayor and City Council requested that City staff research the issue and present their findings at the next regular scheduled City Council meeting. RESEARCH: The staff consulted with current and past animal control officers to determine the rationale for not permitting Wolf Hybrids within the City of Owasso. All of the persons consulted stated two reasons for the existing ordinances. These reasons included questions in the scientific community as to whether or not a Wolf Hybrid can be vaccinated against Rabies and the potential threat of violent attack that Wolf Hybrids pose to humans. Research was conducted in order to answer the question regarding rabies vaccinations. There were conflicting professional articles related to the subject. In the recent past it appears that the prevailing wisdom was that rabies vaccinations would not work on Wolf Hybrids. Recently, there has been a change in this ideology with the thought that since the majority of the genetic make -up of Wolf Hybrids is identical to domesticated canines that the rabies vaccinations may be as effective. Since there are conflicting ideas on the subject the research then focused on Oklahoma Law governing rabies vaccinations and Wolf Hybrids. Within the past few years the Oklahoma State Board of Health changed the laws governing this topic. The law now states that veterinarians can administer the vaccinations to Wolf Hybrids. The new law is more restrictive on how to handle Wolf Hybrids that bite a person as compared to bites from domesticated canines. When a canine bites a person the canine is held for a 10 day observation period. Wolf Hybrids are required to be held for 30 days. The final determination is that no legal rationale exists pertaining to rabies vaccinations that should prohibit Wolf Hybrids from being allowed within the City of Owasso. The second question as to the need to prohibit Wolf Hybrids due to their aggressive tenancies was answered in various professional articles. Numerous articles found during the research were authored by Police K -9 handlers, wolf rescue organizations, and veterinarians; all of which quoted the same type of information related to instinctive aggressive "wolf' tendencies in Wolf Hybrids. Based on the research it appears that there is a distinctive genetic behavioral difference between domesticated canines and Wolves. Since Wolf Hybrids ate part domesticated canine and part Wolf, Wolf behavior is naturally passed on in the breeding process. The higher the percentage of Wolf the more likely the behavior exists. Research suggests that the primary difference between domesticated canines and Wolves is that canines have had the need to interact with humans bred into them. Essentially, canines view humans as family and often prefer the company of humans over the company of other canines. Wolves on the other hand, prefer the company of other Wolves and have a "pack" instinct. Wolves in packs compete for social positioning within the pack. In order to secure their role in the pack, the Wolf often becomes aggressive and attacks other Wolves to defend its social status or to prevent another Wolf from joining the pack. The concern with this pack socialization/mentality is that Wolf Hybrids have been known to demonstrate this defense of social status with humans when the human family takes on the role of the Wolf Hybrids pack. Instances of owners being attacked by their Wolf Hybrid are not uncommon. There have also been instances in which Wolf Hybrids have attacked children in and out of the family because they may have felt threatened that their pack status was being threatened. These attacks have occurred even when the animal previously demonstrated no signs of vicious behavior. In addition to the pack mentality, Wolves are also considered accomplished predators. Although domestic canines can demonstrate predatory ability and characteristics, most canines that are left in the wild die of starvation. Wolves have predatory instincts that have been bred out of domesticated canines. This poses significant problems with Wolf Hybrids in the household with children. Predation in the wild often focuses on sick or otherwise weak prey. Their have been documented instances in which small children have fallen, cried, or feigned weakness and have been attacked by Wolf Hybrids. In one such example an author quoted a situation in which a child was partially eaten after being attacked. A notable Wolf Rescue known as "Wolf Park" strongly cautions against having Wolf Hybrids around children. The literature reviewed suggests that the only safe way to keep a Wolf Hybrid is in a special enclosure that ensures that children and other unauthorized persons are not given access to the animal. According to the Centers for Disease Control (CDC), there were 15 fatalities between 1979 and 1998 involving Wolf Hybrids killing humans. During this same time period Pit - Bull terriers killed 118 humans. It is very important to point out that currently there are about 3 million pit -bulls in the United States compared to about 300,000 Wolf Hybrids; this is a ten to one ratio. If this same ratio existed over the same 20 year time period stated above, it could be argued that Wolf Hybrids are more likely to kill humans than are Pit - bulls. During the research process a board member from the Oklahoma Veterinary Medical Board was consulted regarding the topic of rabies vaccinations in Wolf Hybrids. During this consultation the board member said, "I don't believe, nor do the majority of veterinarians I know believe, that Wolf Hybrids belong in the household ". This board member was referencing the danger of the Wolf Hybrid attacking humans. RECOMMENDATION: Although the information reviewed was not conclusive, it does appear that the prevailing wisdom is that Wolf Hybrids are very unpredictable due to their natural instincts to defend their social pack status and predatory nature. This prevailing wisdom suggests that Wolf Hybrids do not make suitable pets, particularly when children are present and given access to the animal. Staff unanimously agrees that allowing Wolf Hybrids within the City of Owasso would increase the risk to citizens and potentially expose the City to increased level of civil liability. The staff recommends that no revisions be made to the current ordinances. ATTACHMENTS: 1. Wolf Park Rescue Article "Position on Pet Wolves and Wolf -dog Hybrids in Possession of Private Persons ". 2. Wolf Park Rescue Article "Guidelines for Keeping Wolves and Wolf -dog Hybrids" 3. Article by Robert A. Willems, DVM "The Wolf -dog Hybrid, An Overview of a Controversial Animal" 4. Memo from City Attorney 5. City Ordinance governing Wolf Hybrids I Wolf Park - Wolf Hybrid Position iM PARK Page 1 of 4 1f ' Qtt�cK Ittd Wolf Park's Position on Pet Wolves and Wolf -Dog Hybrids in the Possession of Private Persons. by Erich Klinghammer, Director, WOLF PARK In recent months discussion among hybrid owners and breeders on the Internet, at rendezvous, in letters and telephone calls have also focused on the position of WOLF PARK with respect to private ownership of wolfdog hybrids (hybrids for short). The position of NAWPF -WOLF PARK is straightforward: 1. We are NOT against anyone possessing captive wolves or hybrids. Nor do we advocate legislation that would make it illegal to possess such animals. We have long recognized that telling people that they cannot possess these animals will not prevent them from breeding or owning them. 2. From our experience with captive wolves, not only at WOLF PARK, but elsewhere as well, and through contacts with hundreds of hybrids, by reading newspaper accounts, and consulting with lawyers involved in litigation where pet wolves, hybrids, as well as dogs have attacked, injured and even killed people, we have amassed ample evidence that shows that when kept in improper conditions, these animals can pose grave danger to people - especially to children. http:// www. wolfpark .org /wolfdogs /Position.html 8/9/2007 Wolf Park - Wolf Hybrid Position Page 2 of 4 3. To help people who contemplate owning wolves or hybrids, and to better handle potentially dangerous dogs safely, the INSTITUTE OF ETHOLOGY at WOLF PARK offers wolf behavior seminars, three times a year, for a number of years. The results have been most gratifying. After hands -on experience with our socialized wolves some people have decided against obtaining pet wolves or hybrids, while others recognized that to keep these animals safely they would have to invest in building proper facilities, as well as having additional help available, in case the owners had to travel, became ill, or even died. Thus, we are helping people to make informed decisions about owning these animals. 4. The way such animals are often kept does not usually meet the social and behavioral needs of the animals. They frequently languish in small cages, or are tied to chains, with no quality of life to speak of. 5. To safeguard the lives of innocent children, and to insure a reasonable quality of life for the animals, we at WOLF PARK put our efforts into educating people for responsible ownership of these animals. Owners should comply with existing laws in the states and municipalities in which they live. Failure to do so has often resulted in lawsuits, and sometimes in the confiscation of the animals, with great expense and emotional hardship for all concerned. 6. When called upon to testify in court, before legislative bodies, or when consulting on pending legislation, or in court cases, we simply render an opinion to the best of our knowledge and experience. The safety of people, especially children, is our primary concern. 7. By rendering an opinion, we do sometimes affect the outcome of a court decision. A decision may go against, as well as for, an individual owner and his animals. We do not take sides. Our testimony has saved many hybrids, wolves and dogs from destruction. In other instances animals may have been euthanized by governmental agencies. We have resisted all efforts to elicit from us testimony in favor of a particular position by either the defendant or the plaintiff. We have helped with our testimony to stop a community from enacting breed - specific laws. i.e. banning a particular breed , when some dogs of that breed had killed a child. Instead we rendered an opinion as to whether or not the particular animal had been kept safely. In our opinion the responsibility always rests with the breeder or owner of the animal. - We saved Mickey, a pet wolf who had killed a child in Wayne, Michigan, from being euthanized. We were widely criticized for this action by some people, and were praised by others. Mickey lived out his life at WOLF PARK as a living example as to why a pet wolf does not belong unattended on a chain in an unfenced yard. 8. From analysis of situations in which pet wolves, hybrids and dogs have killed or maimed people - almost always children - we have a fairly good idea about what conditions precipitate such attacks. They may be dominance - related, but more often a child who has tripped, cried and struggled to get up, triggered the prey- httn:// www. wolfi )ark.orQ /wolfdoRs /nosition.html 8/9/2007 wort Yaric - wolt tiybrict Position Yage a of 4 killing response, because the child resembled wounded prey in some way. 9. We have drawn up guidelines, as to how pet wolves and hybrids can be kept safely, with the help of hybrid breeders, owners, behavioral scientists, and a USDA inspector. These guidelines have been made available to any interested party, from responsible owners to governmental bodies considering legislation. Our function is to educate people and to help save children. 10. On several occasions we have called local authorities when a pet wolf or hybrid was kept unattended on a chain or escaped repeatedly. We then suggested ways to safeguard the animals and prevent attacks on people. We have also warned owners who in our opinion were not keeping their animals safely. In some cases we like to think that we have saved lives. In a few others, where our warnings were not heeded, preventable attacks occurred, and children were mutilated. These cases involved pet wolves, hybrids as well as dogs. 11. We have been criticized for not telling the good points of pet wolf and hybrid ownership. That is not our job. We try to save lives of children, and help to insure a good quality of life for animals in captivity through our education programs. 12. We are disturbed by the fact that many breeders and owners misrepresent the potential danger to life and limb which improperly kept animals pose. We deplore the lack of adequate facilities in which many animals are kept. We especially deplore the fact that time and again when preventable accidents have taken place, the innocent animal is killed. It is never the animal's fault, but always the owner's, whether she or he was aware of the danger or not. 13. Responsible hybrid breeders and owners agree with us. There are, however, many owners and breeders who, instead of acting responsibly, attack our position of responsible ownership of these animals. Usually, when restrictive laws or ordinances are passed, the responsible owners suffer most. It has been our observation that the hybrid - owning community, with some notable exceptions, has done little to police its own ranks. In fact no such mechanism exists. Furthermore, the owners who cause most of the problems, do not even belong to any hybrid organization at all where they might at least obtain some useful information. There should not be any surprise then that, officials charged with public safety, will attempt to control the breeding and owning of pet wolves and hybrids. It is a sad fact that when a dog kills a child the reaction is very much different than when a pet wolf or wolf -dog hybrid kills one. The old fear of the wolf is still very much in the minds of many people. 14. Finally, we are concerned that pet wolves and hybrids improperly kept, when they do cause damage negatively affect the image of the wolf in the wild. Hence, we all should do what we can to prevent this by practicing and promoting responsible ownership. http: / /www.wolfpark.org /wolfdogs /position.html 8/9/2007 i Wolf Park - Wolf Hybrid Position For more information about wolf hybrids please check out some links to other sites or for rescue facilities such as the Candy Kitchen Rescue Ranch click here. All photographs & images © Monty Sloan or Jill Moore & Wolf Park Page 4 of 4 Click here for more information about Wolf Park Guidelines or please contact us at hybridinfo@wolfpark.org if you have any questions. For permission to use or for more information about wolf photographs please check with Monty Sloan Web page © 1997 - 2000 Monty Sloan Last Revised 8/16/1999 1:33:55 PM http:// www. wolfbark .orQ /wolfdoas /t)osition.html 8/9/2007 VY Oil rLUK - VV Oil riyurlU rusitiol1 ROMEs� PARK, rage i of 4 MR P0KCc Quick' Index I Guidelines for Keeping Wolves and Wolf -Dog Hybrids In our concern for the safety of people and for the proper care of the animals, we make the following points below: Wolves and high- content wolf hybrids should never be regarded as pets. If kept in captivity, whether in zoos, wildlife parks, or by private persons, they should be maintained so as to meet certain minimum standards in keeping with their psychological and physical well- being. a. The wolves should be hand - raised from before the age of 14 days (no later than 21 days), to insure that they are properly socialized to people. The pups need to be isolated from adult canines except for brief visits (less than a few hours per week) for the first four months of life to properly bond with humans. They do, however, need some contact with other canines, or should be raised together in pairs or as a litter to prevent them from fully imprinting on people. If this is not done, they will be flighty and hard to handle, especially for medical treatment, for the rest of their lives. This will result in considerable behavioral stress for the animals even during routine medical care. b. There should be at least two animals raised together. Being highly social animals, they need companions of their own species. Wolves and hybrids raised in isolation from their own kind often display a variety of behavioral problems and http: / /www.wolfpark.org /wolfdogs /guidelines.html 8/8/2007 TV vii i aln - vv vll fly V1 ILL E-061L11111 rage l Ot 4 abnormalities. c. They should be housed in large enclosure which is made from 8 ft. or higher 11 guage chain link + overhang and skirting with a minimum of 1600 sq. ft. of floor space. The animals should be fed a proper meat diet, including bones, skin, and /or fur. (For details, see Klinghammer and Goodmann, "Socialization and Management of Wolves in Captivity" in Frank, Ed (1987) Man and Wolf. Dr. W. Junk Publishers, Dordrecht, The Netherlands.) d. The human caretakers should make a commitment to the animals for the entire life span of the animals. There should be more than one experienced person who is accepted by the animals involved in caring for them. Adequate provisions for proper psychological and physical care in case of the owner's or owners' death should be made. e. The attending veterinarian should be familiar with the proper handling of wolves. If a veterinarian does not have this experience, reference should be made to Albert, Goodmann, and Klinghammer, "Health Care of Wolves in Captivity" in Frank, H. Ed. (1987) Man and Wolf. f. Prospective owners of wolves or hybrids in captivity should first obtain any necessary permits. They should also try to obtain some verification from qualified persons that the animals were, in fact, properly represented and not just mixed - breed dogs. g. The prospective owners should review the pertinent literature on the behavior and ecology of wolves and speak to as many wolf owners as possible. They should also read as much factual information as possible, such as the "Wolf Management Chapter" by Klinghammer and Goodmann (1985), and obtain subscriptions to one of the wolf hybrid publications such as those published by the lowolfers Association. They should also try to gain hands -on experience with pure wolves and, better yet, attend one of the Wolf Behavior Seminars offered three times a year by the Institute of Ethology at Wolf Park, before they acquire the animals. 2. Adequate facilities, which are expensive, should be ready when the animals arrive. Neighbors should be consulted *prior* to the acquisition of the animals. Wolves should NEVER be kept in a city, town, or housing development. THEY SHOULD NEVER BE KEPT ON A CHAIN IN A YARD OR BEHIND AN ELECTRONIC FENCE AS THE SOLE MEANS OF CONTAINMENT. Children below the age or size of a typical 14 year old, including the owner's, are always potentially in danger. There should be a perimeter fence, tall enough to prevent contact by people, especially children who might get bitten through the fence. 3. Wolf -dog hybrids should, for safety reasons, essentially be kept like wolves as outlined above. While low percentage wolf -dog hybrids may be unlike pure wolves in many respects, and many can and are kept like pure dogs, they all retain, *as do many dogs *, the motivation for predatory behavior. This means that a person, especially a child who tripped and fell, or who is moaning, crying, or screaming, may be considered wounded prey and attacked. Grave injuries, even death, are all too frequent in such http : / /www.wolfpark.org /wolfdogs /guidelines.html 8/8/2007 V %JIL i "L 1%. - T V11 IlyULIU r UblLIU11 rage .i OI 4 cases. Socialized wolves or wolf -dog hybrids may also challenge the owner or others for dominance. This, too, can result in serious injury to the persons involved. Tame wolves or wolf -dog hybrids may also defend their food against people, especially children. A mere defensive bite can result in serious injuries, even though the animal "meant" no harm. Of important consideration for those instances where pet wolves or wolf -dog hybrids do bite a person: a. Unlike most cases involving dogs, wolves and hybrids are almost invariably killed immediately for rabies testing. Although there is substantial circumstantial evidence for the effectiveness of rabies vaccines on wolves and their hybrids, there is no legally accepted vaccine for wolves. b. The excessive media coverage which follows bites by pet wolves and hybrids only gives wolves a bad reputation. When a pet dog injures or kills a child, bad publicity stops at the breed involved, but when a wolf -dog hybrid does the same thing, the image of an entire endangered species suffers. c. The proper conditions for maintaining wolves or wolf -dog hybrids safely in captivity are often not met. With respect to the psychological well -being of wolves, even many zoos do not meet optimal conditions for proper handling and care. The opinions expressed here are designed to: i. protect human life and health and, ii. maintain the animals in good psychological and physical condition. 4. Finally, animals kept in captivity should be considered as ambassadors of their species, and the owners should educate the public about wolves -- especially their plight in the wild. It is easy to see that to maintain wolves in captivity requires exceptional dedication, financial resources, proper education and training. All of us at Wolf Park share these views. For more information, or specific questions about particular animals, please contact Wolf Park by phone at (765) 567 -2265 or E -Mail Wolf Park. Please check out some links to other sites or for rescue facilities click here. All photographs & images Monty Sloan or Jill Moore & Wolf Park For permission to use or for more http: / /www.wolfpark.org /wolfdogs /guidelines.html 8/8/2007 TV VlL Llr Vllll 1 V3 LIV11 information about wolf photographs please check with Monty Sloan ragu + 01 + Web page © 1997 - 2000 Monty Sloan Last Revised 8/16/1999 1:33:55 PM http: / /www.wolfpark.org /wolfdogs /guidelines.html 8/8/2007 AWIC Newsletter: The Wolf -Dog Hybrid Page 1 of 11 Animal Welfare Information Center Newsletter, Winter 1994/1995, Vol. 5 No. 4 Wolf -Dog Hybrid Overview of a Controversial Animal by Robert A. Willems, DVM Veterinary Medical Officer USDA, Animal and Plant Health Inspection Service Regulatory Enforcement and Animal Care Western Sector, Sacramento, CA 95827 • I:ntroducti.on. • Background • Physical Characteristics • :Breeding and Genetics • Behavior • Ownership of Wolf Hybrids • Animal Control and Legal Issues • Conclusion • References The wolf has had an influence on the culture, art, and lore of human societies since before historical times. A traditional fear of wolves is deeply ingrained in many cultures, where they are often regarded as fearsome predators, not only of wildlife but also of humans and livestock. Such perceptions have resulted in wolves being hunted to extinction in many parts of the world where they once were plentiful. In American culture, the image of the "big, bad wolf' has been pervasive. This view has been changing over the past few decades as reports from naturalists studying both wild and captive wolves have dispelled many of the myths and misconceptions surrounding these animals. Changing perceptions have resulted in an increased interest in wolves and things related to them. Chief among these has been the growing popularity of the wolf -dog hybrid, more commonly referred to as the wolf hybrid. A wolf hybrid is the offspring of a breeding between a wolf (Canis lupus) and a dog (Canis familiaris). Breeding is possible since wolves and dogs are closely related genetically. Though estimates vary, the current population of hybrids in the United States has been reported to be around 300,000. Growing interest in them has led to a proliferation in the number of wolf hybrid http://www.nal.usda.gov/awic/newsletters/v5n4/5n4wille.htm 8/8/2007 AWIC Newsletter: The Wolf -Dog Hybrid Page 2 of 11 breeders, with many profiting from the breed's increasing popularity. In addition, a small but energetic industry has sprung up around the animal. A number of publications, periodicals, and at least two registries are devoted to the breed. Several regional and national wolf hybrid organizations catering to breeders, owners, and enthusiasts have also become established. As their numbers continue to increase, wolf hybrids have become the center of a growing controversy. A number of attacks on people -- mostly children - -have resulted in severe injuries and several deaths. Consequently, many people have begun to question whether such animals belong in their communities, or whether they should exist at all. Despite growing attention, wolf hybrids remain largely misunderstood. Their poorly defined nature and lack of a stable identity have helped fuel the controversy surrounding them. To: Introduction ( Back aoun I Physical. Characteristics I Breeding and Genetics I Behavior I Ownership of Wolf Hybrids Animal Control and Legal Issues I Conclusion I References Background When considering the wolf hybrid, one cannot avoid discussing both the wolf and the dog. It is commonly accepted that the modern dog resulted from the domestication of the wolf, a process that began 12,000 to 15,000 years ago. Until this century, there has been little further interest in cross- breeding the two species. It is likely that wolves and dogs have sporadically interbred in nature for as long as both species have coexisted. Most matings probably occurred between roaming or feral dogs and wolves living apart from a pack. The offspring from such matings may have posed a hazard to the human communities near where they lived. After studying numerous historical and modern accounts of wolf attacks on humans, the Canadian naturalist C.H.D. Clarke concluded that most attacks involved either rabid wolves or hybrids. One such event may have occurred in the Cevennes region of south central France between the years 1764 and 1767, when about 100 people were attacked and at least 64 killed by what was described as a pair of savage wolves. Most of the victims were children. These animals came to be known in local lore as the "beasts of Gevaudan." After being hunted and killed, it was found that the male weighed about 140 pounds and the female about 110 pounds; these weights were unusually high for the local wolf population. Their marked aggressiveness and other described physical attributes have led to speculation that these two animals may have been wolf hybrids, perhaps siblings born from the breeding of a wolf with one of the large dog breeds commonly kept by farmers in the region. To: Introduction Background I Physical Characteristics I Breeding and Genetics I Behavior I Ownership of Wolf Hybrids Animal Control and Legal Issues I Conclusion I References Physical Characteristics Wolf hybrids have been known to exhibit physical characteristics of both the wolf and dog in differing combinations and to varying degrees. Though closely related, there are a number of anatomical and physiological differences between the two species. http: / /www.nal.usda.gov /awic /newsletters /v5n4 /5n4wille.htm 8/8/2007 AWIC Newsletter: The Wolf -Dog Hybrid Page 3 of 11 Wolves generally weigh between 80 and 100 pounds, with females weighing less than males. An unusual wolf may reach 150 pounds or more. They have slim torsos with narrow chests, long legs with large feet, and large heads with larger teeth and more powerful jaws than those of the dog. Their coat varies with the seasons; it is very thick with a dense undercoat in the winter and sheds to a thinner, shorter haired coat in the summer. Coat color varies from all black to a grizzled gray to all white. The eyes are usually a yellowish golden color. Dogs come in a variety of sizes, shapes, and colors that vary greatly with the breed. The malamute and husky closely resemble the wolf in appearance, making them the dog breeds most preferred for hybridization. Wolves are seasonal breeders and generally have two to four pups per litter. Dogs are nonseasonal breeders and generally have larger litters than wolves. Because of the range of possible variations, there is no general description that can be made of the wolf hybrid. They are often larger in size than either the wolf or dog from which they were bred, a phenomenon termed "hybrid vigor." Though most high- percentage hybrids often retain much of the physical appearance of the wolf, many hybrids are indistinguishable from dogs in appearance. To: Introduction Background I Physical Characteristics I Breeding and Genetics I Behavior I Ownership of Wolf Hybrids Animal. Control and Legal Issues I Conclusion I References Breeding and Genetics Although most breeders raise hybrids to sell to the public, there is a small group of breeders and enthusiasts seeking to establish a new and distinct breed of canine. Their long -term goal, as described by one well -known breeder, is to obtain an "ideal... a wolf /dog cross strongly and attractively resembling its wolf counterpart visually, slightly aloof and territorial, but easily managed by its owner" (Dorothy Prendergast, The Wolf Hybrid, p.6). While most breeders would readily agree with this ideal, not all agree on the means to achieve it. Theoretically, a wolf hybrid can result from the mating of a wolf with any breed of dog. Wolves have been bred with such diverse breeds as malamutes, Siberian huskies, German shepherds, rottweilers, collies, pit bulls, and even standard poodles. The initial mating most commonly occurs between a male dog and a female wolf, though the opposite mating can also occur. The offspring produced from such a mating are first generation, or F 1, hybrids. F1 and subsequent hybrids can then be bred with other hybrids, with pure wolves, or with the same or different breeds of dog, resulting in a group of hybrids with a wide range of genetic makeup. This genetic makeup is most often represented as a percentage, a number which is presumed to be a measure of the amount of wolf blood in the animal. The percentage not only represents the lineage of a hybrid, but is often used to determine its selling price as well. http: / /www.nal.usda.gov /awic /newsletters /v5n4 /5n4wille.htm 8/8/2007 AWIC Newsletter: The Wolf -Dog Hybrid A 2- year -old, high percentage wolf -dog hybrid. (Photo by R. WMems) Page 4 of 11 When advertised for sale, hybrids are often described by a baffling array of percentages that purport to accurately represent the amount of wolf blood in the animal being sold. There is no uniformity amongst breeders in the way these percentage figures are determined, and a breeder can assign percentages to their animals by using several different methods. The most common, which may be termed the "pedigree method," is to add together the "known" percentages of wolf in the two parents and divide the sum by two to get the percentage of wolf in the offspring. Thus, when a pure (100 percent) wolf is bred to a pure (0 percent) dog, the offspring, an F1 hybrid, will be 50 percent wolf. If this F1 is then bred to another pure wolf, the result would be a 75 percent hybrid. The pedigree method is considered by most breeders to be the only ethical way of calculating percentages, but it is not the only method used. A few breeders assign percentages to their hybrids based on the animal's physical appearance, others use systems known only to themselves, and some use any percentage that will fetch a decent selling price. Although there is much discussion of percentages in wolf hybrid circles, few understand what these numbers actually mean. To most breeders and owners, they represent the exact "wolf content" of their animals. Unfortunately, the biological mechanisms and events that govern the inheritance of genetic material - -and the resulting statistical complexities -- cannot be accurately represented by the simple formula of the pedigree method. The inaccuracy of these percentages becomes apparent when one examines the genetics of hybridization. Wolves and dogs each have 78 chromosomes arranged into 39 pairs. Wolves are physically different from dogs because they have a number of genes located on these chromosomes, coding for wolf characteristics, that dogs do not have. But which genes differentiate a wolf from a dog? How many are they and on which chromosomes are they located? Unfortunately, the answers to these questions are not http: / /www.nal.usda.gov /awic /newsletters /v5n4 /5n4wille.htm 8/8/2007 AWIC Newsletter: The Wolf -Dog Hybrid currently known. Page 5 of 11 Using the pedigree method, each pup in a given litter would be assigned the same percentage of wolf blood. Yet no two pups in that litter have the identical genotype, unless they are identical twins. This is easily demonstrated by noting the differences in physical appearance, or phenotype, amongst the pups. Some will be more wolf -like than others. These phenotypic differences reflect the differences in their genotypes. One complicating factor in determining accurate percentages results from the close biological relationship of wolves to dogs. As previously stated, wolves are recent ancestors of the domestic dog. Though not identical, the genotypes of wolves and dogs are very similar. It is probable, in fact, that 99 percent or more of the genotypes of these two species are indistinguishable. (Consider that 98 percent of the genotypes of humans and chimpanzees are indistinguishable.) The large majority of wolf genes that enter into pedigree percentage calculations are, therefore, identical to the corresponding dog genes. There may be as few as several hundred genes in a genotype containing more than a 100,000 genes that differentiate the wolf from the dog. But the locations of these genes on the various chromosomes are unknown. They may be located on all or only a few of the 39 chromosome pairs, making it unlikely for them to be evenly distributed between daughter cells following the random separation of chromosomes that occurs during meiosis. With current knowledge and technology, it is not possible to accurately determine the percentage of wolf genes in a wolf hybrid. Therefore, although they do not accurately represent the "wolf content" of an individual hybrid, the percentages assigned to wolf hybrids by the pedigree method may still have some value. Pedigrees are a traditional way of determining ancestry in human lineages as well as animal breeding. These percentages, if honestly assigned and accurately calculated, can be used to depict the breeding history and ancestry- -the pedigree - -of the individual animal. Since there is no way of accurately calculating the percentage of wolf genes in a hybrid, it may still be the best method currently in use to describe an individual hybrid. To: Introduction Back rg ound I Physical Characteristics I Breeding and Genetics I Behavior I Ownership of Wolf Hybrids Animal Control and Legal Issues I Conclusion I References Behavior Much of the controversy over wolf hybrids centers around their behavior. Unfortunately, there is little scientific literature on the subject. Most of what we now know about their behavior comes from anecdotal accounts found in news stories, magazine articles, and reports from individuals. The absence of an objective behavioral study of this animal has contributed to the wolf hybrid controversy, and most opinions of their behavior can be readily divided between two opposing camps. One side describes them as being highly aggressive, destructive, unpredictable, and untrustworthy around humans, especially children. The other sees them as gentle, playful, intelligent, and loving animals, similar to the dog in their relations with people. In fact, many experienced hybrid owners claim that their animals are less dangerous than some breeds of dogs. Adding to the confusion, national statistics on canine attacks on humans compiled by the Centers for Disease Control and Prevention (CDCP) have been used by both sides to support their differing positions. Even without a formal study, many aspects of hybrid behavior can be extrapolated from the known behaviors of dogs and wolves. Research has shown that many of the behavioral traits of these two http: / /www.nal.usda.gov /awic /newsletters /v5n4 /5n4wille.htm 8/8/2007 AW1C: Newsletter: The Woit -Dog Hybrid animals are inherited, and their basic behavior patterns are fairly predictable. Fage b of 1 1 Although anatomical differences between wolves and dogs are slight, the most notable difference between the two species is their behaviors. Animal behaviorist Michael W. Fox has described the domestic dog as a wolf with no behavioral patterns added, but with some patterns modified or reduced. As an example, the behavior of a wolf following a challenge or threat display is highly predictable. Similar displays by a dog, especially when directed toward a human, are much less predictive of the dog's ensuing behavior. This is a result of the modification of the social behavior patterns of dogs that occurred during domestication. There are many other behavioral differences between wolves and dogs. Wolves in the wild appear to fear humans and will avoid contact whenever possible. (Wolves raised in captivity are not as fearful of humans. This suggests that such fear may be learned rather than inherited.) Dogs, on the other hand, socialize quite readily with humans, often preferring human company to that of other dogs. Wolves are tremendously successful hunters. Most dogs would quickly starve to death if left to fend for themselves in the wild. Additionally, wolves rarely bark, something obviously not true for most dogs. Since wolf hybrids are genetic mixtures of wolves and dogs, they can inherit a range of behavioral traits, some of which may be conflicting. This mixture of potentially conflicting genetic traits results in less predictive behavior patterns in the wolf hybrid, compared to either the wolf or dog. This is not to say that the behavior of a specific hybrid is unpredictable or erratic. It would, however, be unlikely that someone unfamiliar with a particular hybrid, even someone with considerable experience, would be able to predict that animal's behavior with reasonable certainty. The adult behavior of hybrid pups also cannot be predicted with anything near the certainty of dog pups. Thus, though the behavior of an individual wolf hybrid may be predictable, the behavior of the breed as a whole is not. Their aggressive tendencies and attacks on humans have caused many people to have concerns about wolf hybrids. Some question whether they are as dangerous as many claim. When CDCP statistics on canine attacks are used to compare hybrid attacks to those committed by various breeds of dogs, hybrids appear to be no more dangerous than some of the more aggressive dog breeds. But, these statistics may be misleading since they only list the number of attacks by breed without taking into account breed population figures or circumstances surrounding the attacks. Some insight into hybrid aggressiveness can be attained by looking at aggression in wolves and dogs. Wolves are relatively non - aggressive animals. Fighting amongst pack members is detrimental to the pack's survival, and aggressive behavior has been selectively inhibited in the wolf during its evolution. However, aggression in wolves can be part of territorial or protective behavior, but is most commonly seen during social posturing within the pack. This type of aggression often appears to be unprovoked, and is an attempt to establish or maintain dominance over a subordinate animal. The majority of human bites by captive wolves have occurred during dominance challenges. Wolves in captivity, though, rarely kill humans. Dogs are more aggressive than wolves, because they were not subject to the same selective pressures as the wolf. In addition, a number of dog breeds were developed specifically for their fighting ability and aggressive tendencies. Aggressive behavior in the wolf hybrid is variable. The degree of aggressiveness appears to be related to the percentage of wolf and breed of dog in the hybrid. High - percentage hybrids tend to show the decreased aggressiveness of the wolf. There is an account of an auto junkyard owner who bought a high- http: / /www.nal.usda.gov /awic /newsletters /v5n4 /5n4wille.htm 8/8/2007 AWIC Newsletter: The Wolt =Dog Hybrid Page 7 of 11 percentage hybrid, thinking it would make a good guard dog. Rather than guarding the property, the animal instead would often hide behind the stacks of old cars whenever a person would enter the yard. Some hybrids can be more aggressive than the dog. Aggressive hybrids usually come from breeding with aggressive dog breeds, such as pit bulls or rottweilers. Though animal attacks on humans are often attributed to aggressiveness, some attacks can be related to predatory behavior. Aggression is often confused with predation, but the two are distinctly different. Both wolves and dogs exhibit predatory behavior, but the wolf is the far superior hunter. There are differences in the predatory instincts of dogs and wolves. Wolves in the wild will occasionally prey on humans, though rarely and only under unusual circumstances. Predatory behavior of dogs toward humans has been greatly suppressed by domestication. When considering predatory attacks on humans, an awareness of the relationship between a predator and its prey is critical. A prey animal often gives certain signals to the predator that stimulate its predatory impulses. Some of these signals, such as fleeing or signs of injury, are easy for us to recognize. There may be a number of additional signals that go unnoticed by human observers, which are recognizable to the predator. This concept is important in understanding attacks by predatory animals on humans. Most attacks by wolf hybrids have been on small children. Many occurred when the animal's predatory instincts were triggered by some unwitting behavior by the child, causing the hybrid to regard the child as prey. In several instances, hybrids have even attacked children that they have played with repeatedly in the past. In some hybrids, the timidity of the wolf may be replaced by the aggressiveness of the dog, while the predatory contribution from the wolf ancestry may remain relatively intact. Thus, hybrid attacks on humans can be related to both the aggressive tendencies of the dog and the predatory nature of the wolf. Social behavior is also important to both the dog and wolf. The wolf has a complex social structure centered around establishment of the pack. Dominance behavior is an important part of establishing the social hierarchy of the pack, and the dominance of higher ranked animals is constantly being challenged by their subordinates. The social environment of the dog is centered around its association with humans, with all humans, in general, being dominant to the dog. Wolves do not socialize with humans in the same way as dogs do, however. Captive wolves usually regard humans simply as other wolves in the pack, and challenges to the "alpha" human are not uncommon. In hybrids, where the aggressive nature of the dog may be coupled with an absence of the wolfs aggressive restraint, serious injury or even death to a human can result during a dominance challenge. Hybrids having strong natural dominance tendencies may be particularly dangerous. There are other troubling aspects of wolf hybrid behavior. Hybrids are often unsuitable in the home environment. Many retain the natural tendency toward destruction that makes the wolf such a poor house pet. Wolves are very curious animals by nature, and may destroy such large items as sofas, tables, and cabinets while attempting to satisfy their curiosity. They are also notoriously difficult to housebreak. Outdoors, wolves are excellent diggers, and can burrow as much as 6 feet underground, destroying yards and defying many poorly conceived attempts to keep them confined. Many hybrids retain these wolf- like behaviors, making them particularly undesirable as pets. To: Introduction I Background I Physical Characteristics I Breeding and Genetics I Behavior I Ownership http: / /www.nal.usda.gov /awic /newsletters /v5n4 /5n4wille.htm 8/8/2007 A�� wwiu lvewsietter: ine woii -i)og nyarici of Wolf Hybrids I Animal Control and Legal Issues I Conclusion ( References Ownership of Wolf Hybrids rage 6 of 11 There is a mystique surrounding the ownership of a wolf hybrid. Those unfamiliar with it often wonder why anyone would want to own one of these animals. Most owners purchase their hybrids as companion animals. Many do so out of a desire to own an animal that is unusual and possesses a "feel of the wild." Most people have very little knowledge of wolf hybrids before they purchase one. Disreputable sellers may provide the buyer with erroneous, little, or no information on care and housing for the animal. In fact, the true nature of the hybrid may be purposely misrepresented by the seller in order to assure a sale. As a result, many owners quickly become disillusioned when the cute pup they purchased matures and becomes unmanageable, destroying their home, digging out of the yard, and becoming a nuisance in the neighborhood or a menace to their children. Of course, there are many owners who love their hybrids and enjoy ownership. These owners are usually those who have taken the time to learn about their animal and realize that a wolf hybrid can not be treated as just another dog. The satisfied owner is one who is willing to provide the housing necessary to properly maintain such an animal, and not to chain it up out in the yard when it is no longer suitable for living in the house. Most responsible owners house their animals in enclosures similar to those used to house wolves. Such housing generally increases the cost of ownership, and the less responsible owner commonly opts for substandard housing in an attempt to save money. A female, high percentage wolf -dog hybrid (Photo by R. Willems) Wolf hybrid breeders generally advertise their animals for sale through advertisements in newspapers, periodicals, and newsletters. They sell for prices ranging from $100 to as much as $1,500. Such prices are a major cause of the recent proliferation in the number of wolf hybrid breeders. Although most breeders are honest in the sale of their animals, there is a good deal of fraud in the wolf hybrid trade. It is not unusual for a large mixed breed dog with no wolf blood at all to be sold as a wolf hybrid for a large amount of money. Additionally, few wolf hybrid breeders own or have access to a pure wolf. After several generations without the infusion of new wolf blood, the genetic makeup of the hybrids from such a kennel would be extremely confused. http: / /www.nal.usda.gov /awic /newsletters /v5n4 /5n4wille.htm 8/8/2007 AWIC Newsletter: The Wolf-Dog Hybrid Page 9 of 11 To: Introduction Background I Physical Characteristics I.Breeding and Genetics I Behavior I Ownership of Wolf Hybrids Animal Control and Legal Issues I Conclusion I References Animal Control and Legal Issues Regulation of wolf hybrids varies greatly in different parts of the country. Federal Animal Welfare Act regulations define hybrids as domestic animals, and they are regulated as are other dogs. Several States require permits to keep hybrids, a few States prohibit their possession, and many States do not regulate them at all. Hybrids can pose perplexing problems for local animal control agencies. The question of jurisdiction is often unclear. Local animal control ordinances are often written exclusively for dogs. Most State wildlife agencies do not regard wolf hybrids as wildlife even though the animals may be legally defined as being wild or exotic. As a result, many hybrids may not be regulated by any local statute, making troublesome animals and owners a difficult problem for their communities. Yet another problem for animal control agencies is the difficulty in identifying an animal as a wolf hybrid. There is no test currently available that will differentiate a hybrid from a dog or a wolf. Animal control agencies often must rely solely on the word of the owner in determining whether or not an animal is a wolf hybrid. Recently developed techniques, such as genetic probing, hold some promise as possible methods of identification, but no work is currently being done with regard to wolf hybrids. Many animal shelters have had difficulties dealing with hybrids. Aside from housing and handling concerns, adoption to the public has proven to be risky. In 1988, a wolf hybrid was adopted from a humane society shelter in Florida. Several hours after it was taken home, it escaped from its new owner's fenced yard and killed a neighbor's 4- year -old boy. The shelter was sued and paid $425,000 in a settlement to the child's parents. Since this incident, shelters around the country have been reluctant to put these animals up for adoption. Instead, the animals are euthanized once the required holding period is over. Rabies vaccination for wolf hybrids is yet another difficult issue. Although it is likely that current rabies vaccines are as efficacious in the hybrid as they are in the dog, Federal regulations require that any vaccine be tested in a species before it can be approved for use in that species. Due to the expense, no such testing has ever been done on either wolves or hybrids. Regardless, many hybrids have been vaccinated with canine rabies vaccine. Such vaccinations are not officially recommended or recognized, and in some States may even be illegal. Consequently, hybrids that have bitten someone are often treated differently than a dog would be. In many cases the hybrid must be destroyed and the brain examined, regardless of whether or not it was vaccinated for rabies. In some States, veterinarians have had legal problems as a result of treating wolf hybrids in their practices. Recently, a veterinarian in New Jersey was sued and found liable for damages after a wolf hybrid he had treated later bit someone. To further complicate matters, veterinarians may find that their malpractice insurance does not offer coverage in a suit involving a wolf hybrid, if the hybrid has no permit or is owned illegally. The American Veterinary Medical Association recently issued a statement saying that their malpractice insurance carrier would not cover suits involving wolf hybrids if the animal's owner has no permit in a State that requires one, or if hybrids are prohibited in the State in which the incident occurred. To: Introduction Background I Physical Characteristics I Breeding and Genetics I Behavior I Ownership of Wolf Hybrids Animal Control and Legal Issues I Conclusion I References http: / /www.nal.usda.gov /awic /newsletters /v5n4 /5n4wille.htm 8/8/2007 A W iC N ewsletter: l fie W oil-vog Hybrid Conclusion Page 1U of 11 The wolf hybrid is quickly growing in popularity in the United States. Those who own and breed wolf hybrids defend them as being a viable alternative to the dog for those who want a more exotic pet. Others regard them as potential "time bombs" ready to go off unexpectedly, injuring the owner or some unsuspecting person. The latter would like to see their breeding and sale prohibited. Many more are becoming concerned as the problems associated with these animals increase and more incidents occur. Discussions of wolf hybrids often become heated emotional exchanges between opposing parties, each with their own sets of data, statistics, and information. Despite opposition and attempts at regulation, the wolf hybrid population continues to increase as a result of continued demand for the animal by a certain segment of the public. Whatever opinion one has, the presence of wolf hybrids has forced more and more communities to become embroiled in the controversy that continues to surround these animals. To: Introduction Background I Physical. Characteristics I Breeding and Genetics I Behavior I Owner hip of Wolf Hybrids Animal Control and Legal Issues I Conclusion I References References • Clifford, Donald H. and Green, Kay Ann (1991). "Chief. Attempted adoption of a wolf -hybrid led to tragedy." Pet Veterinarian September /October, pp. 19 -20, & 25. . Dunman, Elizabeth (1993). "Is it a wolf and what will it do ?" Animal Health Newsletter, Wisconsin Department of Agriculture, Trade and Consumer Protection, March/April, pp. 1 -3. . Fox, Michael W. (1986). "The Question of Domestication and Wolf -Dog Hybrids." Wolf! Supplement, pp. 23 -26. . Fox, Michael W. (1972). Canine Behavior, 2nd ed., Charles C. Thomas, Inc., Springfield, IL. . Frank, Harry and Frank, Martha G. (1983). "Inhibition Training in Wolves and Dogs." Behavioral Processes 8: 363 -377. . Frank, Harry and Frank, Martha G. (1982). "On the Effects of Domestication on Canine Social Development and Behavior." Applied Animal Ethology 8: 507 -525. . Gloyd, Joe S. (1992). "Wolf hybrids - a biological time bomb ?" Journal of the American Veterinary Medical Association 201(3): 381 -382. . Lawrence, R. D. (1986). In Praise of Wolves. Henry Holt and Company, New York. . Lockwood, Randall (1992). "Wolf Hybrids: Some Facts About a Growing Problem." Shelter Sense 15(4): 9 -13. . Lockwood, Randall (1992). "The Wolf -Dog Hybrid." Lecture presented to the Oregon Animal Control Council, Medford, Oregon. September 25, 1992. . Lopez, Barry Holstun (1978). Of Wolves and Men, Charles Scribner's Sons, New York. http://www.nal.usda.gov/awic/newsletters/v5n4/5n4wille.htm 8/8/2007 A W IU Newsletter: The W olt -vog Hybricl Page 11 of 11 . Prendergast, Dorothy (1984). The Wolf Hybrid, 2nd ed., Rudelhaus Enterprises, Gallup, New Mexico. . Pugneti, Gino (1980). Simon and Schuster's Guide to Dogs. Schuler, Elizabeth Meriwether, ed. Simon and Schuster, Inc., New York. • Schumacher, Dick (1992). "Wolf Hybrid Workshop." Notes from lecture given to California Veterinary Medical Association, Sacramento, California, June 12, 1992. . Siino, Betsy S. (1990). "Wolf Hybrids." Dog Fancy, January. . Taylor, Nancy J. (1991). "The Wolf Hybrid - Should You or Shouldn't You ?" The Latham Letter XII(3): 4 -13. . Zimen, Erik (1987). "Ontogeny of approach and flight behavior towards humans in wolves, poodles and wolf - poodle hybrids." Man and Wolf, Frank, H., ed., Dr. W. Junk Publishers, Dordrecht, The Netherlands, pp. 275 -293. This article appeared in the Animal Welfare Information Center Newsletter, Volume 5, Number 4, Winter 1994/1995 Go to: Contents, Animal Welfare Information Center Newsletter Top of Document The Animal Welfare Information Center U.S. Department of Asuiculture Agricultural Research Service National Agricultural Library 10301 Baltimore Ave. Beltsville, MD 20705 -2351 Phone: (301) 504 -6212 FAX: (301) 504 -7125 E -mail: awic anal.usda.gov Policies and Links January 9, 1998 This page's URL is http: / /www.nal.usda.gov /awic /newsletters /v5n4 /5n4wille.htm http: / /www.nal.usda.gov /awic /newsletters /v5n4 /5n4wille.htm 8/8/2007 MEMORANDUM TO: RODNEY RAY CITY MANAGER FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: WOLF HYBRIDS WITHIN CITY LIMITS DATE: August 14, 2007 BACKGROUND At the City Council's last meeting on August 7, 2007, Ms. Pepper Priest addressed the Council and made inquiries regarding the rationale behind the prohibition of wolves, and thus wolf hybrids, as pets within the City limits. Pursuant to your request, I have researched the pertinent law pertaining to this issue and offer it for your consideration. DISCUSSION OF CURRENT ORDINANCE AND OTHER LAW The Owasso Code of Ordinances specifically prohibits the keeping or harboring of wild and exotic animals in section 4 -118. The ordinance specifically states in section (A)(1)(a) that animals who are members of the Class Mammalia, Order Carnivora, Family Canidae, which is inclusive of wolves, are not recognized as domesticated animals and thus may not be kept within the City. Research by staff indicates that the vast majority of municipalities are in accord with this view and have ordinances similar to section 4 -118. One remedy to the concern expressed by Ms. Priest would be to repeal the pertinent part of the current ordinance by removing the provision prohibiting wolves from being kept within the City. With this course of action, however, comes the possibility that a number of pet owners who have refrained from keeping wolf hybrids within the City limits will begin to do so, and serious injury will result to a child or other person. In addition, this course of action gives rise to potential litigation against the City. Most certainly, the City of Owasso would be in the minority of cities if wolf hybrids were permitted to be kept as pets within the City. The other potential remedy would require amendment of the ordinance to pen-nit the keeping of wolf hybrids as pets in certain types of "safe" enclosures. However, with this option comes the strong possibility, if not likelihood, that liability will be incurred by the City when a person is injured or killed by a wolf hybrid that the City has allowed to be kept within the confines of the City. The liability is significantly heightened by the City's acknowledgement that the animal is dangerous and must be kept in a special enclosure, and yet has been allowed to be lawfully kept within the City. RECOMMENDATION The staff will recommend that no amendments be made to the current City ordinances. Animals 8. Do anything which is prohibited or failing to do that which is required and commanded by any part of this chapter. (Prior Code, Sec. 3 -27; Ord. No. 532, 12/3/96) SECTION 4 -117 UNLAWFULLY KEPT DOGS It is the duty of the animal control officer, or such person authorized, to seize and impound for the times and under the conditions. hereinafter stated, every abandoned animal, every unlicensed animal, every female animal in heat not confined, every vicious animal, every animal which is a nuisance, and every rabies suspected animal, and every animal, the keeping or harboring of which is declared to be an offense. (Prior Code, Sec. 3 -28; Ord. No. 532, 12/3/96) SECTION 4 -118 WILD AND EXOTIC ANIMALS: PROHIBITION ON KEEPING A. It shall be unlawful for any person to keep, harbor, maintain or have in his/her possession or under his /her control within the City (except reptiles which are defined in Section D), any poisonous reptile or other wild animal, insect, or other exotic animal not generally recognized to be domesticated or which, because of size, vicious nature or any other characteristic, presents a danger to human beings, and shall include but not limited to: 1. The following member of the Class Mammalia: (a). Order Carnivora, Family Felidae - cougars, lions, panthers, tigers, jaguars, leopards, ocelots, and margays except commonly accepted domesticated cats; Family Ursidae - bears; Family Canidae - wolves, coyotes, jackals, dingos, foxes, and the African wild dog, to include any canine hybrid mix, to include but not limited to wolf, coyote or dingo mix hybrid; Family Mustelidae - weasels, martins, minks, badgers, and skunks; Family Procyonodae - raccoon; (b). Order Chiroptera - bats (c). Order Edentata - sloths, anteaters and armadillos; (d). Order marsupialia - kangaroos and common opossums; (e). Order Proboscidea - elephants; (f). Order Primata - monkeys, chimpanzees and gorillas; (g). Order Rodentia - beaver, muskrat and porcupines; (h). Order Ungulata - antelope, deer, bison, camels; 2. The following members of the Class Aves: (a). Order Falconifonms - hawks, eagles, falcons and vultures which are not kept pursuant to federal or state permits; (b). Subdivision Ratitae - ostriches, rheas, cassowaries and emus; 3. Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means - to include the keeping of bees whether for commercial purposes or hobby; except domestic honeybees under the circumstances hereinafter provided, to -wit: (a) No more than two (2) hives shall be maintained for each '/4 acre or less of lot size on any lot; (b) No hives shall be maintained within twenty (20) feet of any lot line of the lot on which said hive is located; (c) Between each hive and the neighboring lot in the direction of the hive entrance, the hive owner shall maintain a hedge or a screening fence that is at least six (6) feet in Page 4 -12 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DAN YANCEY CHIEF OF POLICE SUBJECT: REQUEST TO PURCHASE SIX POLICE CRUISERS DATE: August 16, 2007 BACKGROUND: The FY 2007 -2008 operating budget provided funding for the purchase of six (6) police 4 -door sedans, one of which will be assigned to the School Resource Officer Position. It is the staff's intention to purchase two (2) of these units now and the remaining four (4) units when the 2008 models become available in the fall of 2007. The majority of the equipment needed to outfit the approved six (6) units will be purchased at one time from a variety of vendors in order to obtain the best pricing. The department sought pricing from dealerships holding governmental agency contracts with the State of Oklahoma. Several dealerships in Oklahoma honor the State contract price on the 2007 Ford Crown Victoria. The department chose United Ford of Tulsa because this vendor currently holds the state contract and has two units available for immediate delivery. The cost per vehicle is $21,008.00 which is the same price as the 2006 Crown Victoria. United Ford is anticipating a similar price for the 2008 model Ford Crown Victoria. Standard on these vehicles is a three - year, 36,000 mile bumper -to- bumper warranty. If approved for purchase, two (2) units will be delivered by August 31, 2007 and the remaining four (4) police vehicles will be ordered once the pricing has been determined by state contract and could be delivered in the fall of 2007. REQUEST: This request is for Council approval to purchase two (2) 2007 Ford Crown Victoria's at a cost of $21,008 each and the remaining four (4) police units for an amount not to exceed $22,000 each upon receiving the official notification from United Ford stating the vehicles are available for purchase and that United Ford is honoring the state bid price. If approved, the request would allow for the purchase of a total of six (6) units from United Ford of Tulsa not to exceed $130,016. Police Department Vehicle Purchase August 16, 2007 PAGE -2 FITNDINC,- Adequate funding for this purchase is available within the "Capital Outlay — Vehicles" line item of the Police Department budget (01- 201 - 54500). RECOMMENDATION: Staff recommends Council approval and authorization to purchase two (2) 2007 Ford Crown Victoria and four (4) 2008 Ford Crown Victoria's not to exceed a total cost of $130,016 from United Ford of Tulsa, Oklahoma. ATTACHMENTS: 1. Bid from United Ford 2 Total Holdbeek I Invoice Total I A B Z Plan D Plan I X Plan to W used for the Wiling of vehicles only Dealer's copy .1111=1=110 LDLII II== i OP TIFAMT, SoulP!®ir ` / 9aN . 1.6L 080 61IIFI 9E /D "A 44Q .iLiCTYQBIC AtTrO 0/D TIWiD NCI 1fIC' �F"�M l' YOu , ` ++ T= P235/53JU7 ALL "M MW laa CA"XT ru a1 cuVAR 0 PC 125100 V*OtT AIM WILI FLOOR 11111TD 14T T71tti!( PAM tl XWWLU L1X3R 190:00 190,00 ( SIA VA"Mra 2=3 afar LUG BIN WXSA st7►PIIIIaaZC! 10M aTRAPe 96;00 e Cz.*M >,m34Ta /MaM RZU IIIIATa 11M ALL S=Y210II 1.00 I2 UT'r.iD 63,00- 30,00 � LQ 990 LOCK 0 au rso 10:00 t aPCL. DLR. ACCT. ADJ. CR. TOTAL =10319 r 175'00 TOTAL Vkm -:C,II 6 OPTIMM 26176900 l MOTMTICW i rItLrVIO r LX_ C •00 00 TOR AL VVI V= cu 7697500 r L al::�) 01 cr. g . au. rm.L c3ARm YNT Z11VOICE FLAXT OP•rIcV (34JLJ &ZIPPOM WZIQAT ] 994 LW. ToT,L LL"x- deft Business Preferred Network oc UNITED FORD FLEET CENTER 3 -0 * �S. o�c7 - ` � � � 978) Memorial p Drive, xt, 6e, OK 14115 (9181280.8333 phone, elrt. 6137, (918) 280.6063 fax tip V OO H tMa3ic� Co (916) 2e0.6137 direct, (916) 809.6821 cell Lo www,unitedford,com `4 �C) '1 L�oLk t��o gherring0penske automotive. corn Greg Hsrring Ii 4 ,0` 411 I .CEO Tla..��pa�� kLcVV6e FfeorManeger Th1/ Invohcs may not reflect the final cost of the vahklc In view of the pooWllty of fptura r04alaa, eltowcnoaa, plcanuntc and irocnU.a swards from Ford Motor Com any to Inc dealer. 8dd b United Ford - North 52K311 350 N . Mem r i a 1 Tula& Olt 74115 Order Type Ramp CWe eaten ID Pries lswi 58 R06P 70021 715 8h4 to Q odw then aDorei 00 it>v. P►ep1yed Elam Mdnba ThaM 0oya 03 oz a7 52 -2061 11 Ship Through Invd®a unr IderlflaatlOn hp. d owrsr raw a&* 2FAPP71P17E149099 8aT�. TlFFOI,8 Motor Credit 000001 Total Holdbeek I Invoice Total I A B Z Plan D Plan I X Plan to W used for the Wiling of vehicles only Dealer's copy MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER PROJECT MANAGER SUBJECT: MAIN STREET STREETSCAPE IMPROVEMENTS PROJECT BID AWARD DATE: August 15, 2007 BACKGROUND: As part of the Vision 2025 Downtown /Neighborhood Rehabilitation Program, Tulsa County voters endorsed a $1.1 million expenditure to promote community beautification and economic vitality in the Owasso Downtown area. The proposal — which is in accordance with the Owasso Downtown Development Plan (2001) — calls for the removal of overhead utilities, construction of streetscaping, and installation of ornamental lighting and signs along Main Street between East 76`h Street North and 3rd Street North. Design documents were completed on June 6, 2007 and a Notice to Bidders was published in the Owasso Reporter on June 7, 2007, and June 24, 2007. Facsimile notifications were sent directly to eight local contractors and notices were submitted to three plan rooms. A mandatory pre -bid meeting was held on June 28, 2007, with three (3) contractors in attendance. EVALUATION OF BIDS: Bids were received and publicly opened on Monday, July 9, 2007, with a single bid submitted by Sherwood Construction, Catoosa, OK in the amount of $990,031.00. The bid was tabulated against the engineer's estimate of $724,267.95 by Cobb Engineering (see Attachment A). The City of Owasso believes that the lack of interest in this project could be the result of the large volume of construction backlog in the area. Vision 2025 staff advised that other communities in the Tulsa area have recently suffered similar bidding outcomes. PROJECT FUNDING: Funding for this project has been allocated by Vision 2025. A request through Vision 2025 to have the project extended has been approved. RECOMMENDATION: Staff recommends Council rejection of the Bid submitted by Sherwood Construction in the amount of $990,031.00 and authorization for the staff to re -bid the project. ATTACHMENTS: A. Cobb Engineering Recommendation Letter B. Bid Tabulation ATTACHMENT A July 12, 2007 Ms. Ana C. Stagg, P.E. Public Works Director City of Owasso 301 West 2nd Avenue Owasso, OK 74055 Re: AWARD RECOMMENDATION Main Street Streetscape Enhancements, Phase 1 Dear Ms. Stagg: Enclosed is the Bid Tabulation for the subject project. Only one bid, for $990,031.00, was received on the project and it was $265,763.05 greater than the Engineer's Estimate of $724,267.95. We have examined the bid and recommend that the contract not be awarded to the bidder. It is likely that the bid is excessive because the lack of competition and the large amount of work underway currently in the project area. We concur with your desire to rebid the project at a later date - hopefully when there will be less overall work in the area, freeing up contractors to bid the project. Cobb Engineering Company 40ub 0a J. Carthal Cobb, P.E. Branch Manager JB Alexander, Owasso PWD Mike Peters, Alaback Design Associates WWW.COBBENGR.COM 4530 SOUTH SHERIDAN ROAD, SUITE 206 / TULSA, OK 74145 -1128 / PHONE: 918.663.9401 / FAX: 918.663.9404 ATTACHMENT B BID TABULATION MAIN STREET STREETSCAPE ENHANCEMENTS, PHASE 1 Owasso. Oklahoma Bid Date: July 9, 2007 ENGINEER'S ESTIMATE SHERWOOD CONSTRUCTION Item No. Spec No. Description Unit Ouantity Unit Price Extension UNIT PRICE I EXTENSION 1 202(C) UNCLASSIFIED BORROW CY 68 -$ " - =' - 8.00 $ 540.00 $ 50.00 $ 3,375.00 2 222 TEMPORARY BALE BARRIER LF 20 $ -- 4.00 $ 80.00 $ 9.00 $ 180.00 3 223 TEMPORARY SILT FENCE LF 250 $ 2.00 $ 500.00 $ 5.00 $ 1,250.00 4 303 AGGREGATE BASE CY 216 $ 45.00 $ 9,720.00 $ 100.00 $ 21,600.00 5 407 TACK COAT GAL 32 $ 3.00 $ 95.70 $ 35.00 $ 1.116.50 6 1 411 A SP ASHPALT CONCRETE TYPE A PG 64 -22 OK TON 161 $ -55.00 $ 8,838.50 $ 100.00 $ 16,070.00 7 411 (8) SP ASHPALT CONCRETE TYPE 8 PG 64 -22 OK TON 4251$ - 65.00 $ 27,592.50 $ 100.00 $ 42,450.00 8 414(A) 6" P.C.CONCRETE PAVEMENT BY 606 $ - .75.00 $ 45,435.00 $ 80.00 $ 48,464.00 9 417 COLD MILLING PAVEMENT SY 3152 $ 4.00 $ 12,608.80 $ 7.00 $ 22,065.40 10 609 (8) 2'4" COMB. CURB & GUTTER 4" MNTBLE LF 646 $ - 20.00- $ 12,920.00 $ 50.00 $ 32,300.00 11 609(B) 2'4" COMB. CURB & GUTTER 6" BARRIER LF 687 $ 20.00 $ 13,740.00 $ 50.00 $ 34,350.00 12 610(A) 4" CONCRETE SIDEWALK BY 1467 $ 55.00 $ 80,674.00 $ 50.00 $ 73,340.00 13 611 A MANHOLE 4- DIA. EA 2 $ 2,000.00. $ 4,000.00 $ 2,000.00 $ 4,000.00 14 611E INLET CICI DES 2(D) EA 2 $. 2,500.00 $ 5,000.00 $ 5,000.00 $ 10,000.00 15 612(A) MANHOLES ADJUST TO GRADE EA 1 $ 550.00 $ 550.00 $ 700.00 $ 700.00 16 612(G) VALVE BOXES ADJUST TO GRADE EA 7 $ 250.00 $ 1,750.00 $ 125.00 $ 875.00 17 612(H) METER BOXES ADJUST TO GRADE EA 3 $ 250.00. $ 750.00 $ 450.00 $ 1,350.00 18 612(J) FIflE HYDRANT RESET EA 2 $ 500.00 $ 1,000.00 $ 3,000.00 $ 6,000.00 19 613(B) 18" R.C. PIPE CLASS III LF 6 $ . 60.00 $ 360.00 $ 150.00 $ 900.00 20 6198 REMOVAL OF CONCRETE DRIVE WAY SY 189 $ -.. 6.00 $ 1,132.80 $ 5.75 $ 1,085.60 21 619(B) REMOVAL OF CONCRETE PAVEMENT BY 2466 $. ` 6.00 $ 14,793.00 $ 10.00 $ 24,655.00 22 619(B) REMOVAL OF CURB & GUTTER LF 1384 $. -6.00 $ 8,302.20 $ 3.50 $ 4,842.95 23 619 (8) REMOVAL OF DRAINAGE INLETS EA 2 $..::1,500.00 $ 3,000.00 $ 300.00 $ 600.00 24 619(B) REMOVAL OF SIDEWALK BY 1122 $ 6.00 $ 6,729.00 $ 6.00 $ 6,729.00 25 641 MOBILIZATION LSUM 1 $ 33,500.00 $ 33,500.00 $ 38,000.00 $ 38,000.00 26 642 STAKING LSUM 1 $ 6,000.00 $ 6,000.00 $ 25,000.00 $ 25 000.00 27 802(B) 2" PVC SCH 40 PLASTIC CONDUIT BORED LF 535 $. `40.00 $ 21,400.00 $ 45.00 $ 24,075.00 28 802(B) 2" PVC SCH 40 PLASTIC CONDUIT TRENCHED LF 3447 $ 15.00 $ 51 705.00 $ 10.00 $ 34 470.00 29 803 PULL BOX SIZE 1 EA 3 $ - 120.00 $ 360.00 $ 525.00 $ 1,575.00 30 850(A) SHEET ALUMINUM SIGNS SF 14 $. 15.00 $ 210.00 $ 25.00 $ 350.00 1314- SQUARE TUBE POST LF 34 $ 6.00 $ 201.00 $ 15.00 $ 502.50 855(A) TRAFFIC STRIPE PLASTIC TAPE 4" WIDE LF 4251 $ 0.50 $ 2,125.50 $ 3.50 $ 14,878.50 855(B) TRAFFIC STRIPE PLASTIC ARROW EA 12 $- 150.00 $ 1,800.00 $ 500.00 $ 6,000.00 855(B) TRAFFIC STRIPE PLASTIC SYMBOLS EA 2 $ 150.00 $ 300.00 $ 625.00 $ 1,250.00 r38851(C) 855B TRAFFIC STRIPEPLASTIC WORDS EA 5 $.- '200.00 $ 1,000.00 $ 650.00 $ 3,250.00 880(J) CONSTRUCTION TRAFFIC CONTROL LSUM 1 $. < 6,000.00 $ 6,000.00 $ 30,000.00 $ 30,000.00 890(A) PL REMOVAL OF EXISTING SIGNS EA 1 $ - -'.. -" 100.00 $ 100.00 $ 275.00 $ 275.00 890A/B PL REMOVE &RESET GROUND MOUNTED SIGN EA 13 $ `250.00 $ 3,250.00 $ 450.00 $ 5,850.00 39 02518 23/8" CONC. PEDESTRIAN PAVERS W/O CONC. BASE SF $ '. 10.00 $ 53,600.00 $ 10.00 $ 53,600.00 40 02518 31/8" CONC. CROSSWALK PAVER W/O CONC. BASE SF $ 12.00. $ 27,600.00 $ 11.00 $ 25,300.00 41 02810 IRRIGATION SYSTEM COMPLETE IN PLACE LSUM $- 32,000.00 $ 32,000.00 $ 50,000.00 $ 50,000.00 42 02810 IRRIGATION SYSTEM SLEEVES SCH. 40 LF rl $ -. 8.00 $ 6,400.00 $ 5.00 $ 4,000.00 43 02870 6" CONCRETE CURB PLANTER BED EDGE IN PAVING LF $ 35.00 $ 7,000.00 $ 12.00 $ 2,400.00 44 02870 6 -BENCH INSTALLED EA $ 1,500.00 $ 9,000.00 $ 4,000.00 $ 24,000.00 45 02870 LITTER RECEPTACLE INSTALLED EA $ 1,200.00 $ 4,800.00 $ 3,500.00 $ 14,000.00 46 02670 PLANTER POTS LARGE W/ PLANTING SOIL EA $> 600;00 $ 6,600.00 $ 1,000.00 $ 11,000.00 47 02870 PLANTER POTS SMALL W/ PLANTING SOIL EA 21 $ < 400.00 $ 8,400.00 $ 800.00 $ 16,800.00 48 02870 RAISED PLANTER 18" HEIGHT SEAT WALLS EA 4 $ 8,000.00 $ 32,000.00 $ 10,000.00 $ 40,000.00 49 02935 BERMUDA SOD SOLID SLAB SF 11500 $ 0:30 $ 3,450.00 $ 0.45 $ 5,175.00 50 02950 2.5' CAL. WATER OAK STREET TREES EA 23 $ 400.00 $ 9200.00 $ 500.00 $ 11,500.00 51 02950 LANDSCAPING ALL PLANTINGS EXCEPT WATEROAK TREES I- SUM 1 $ 9,500.00 $ 9,500.00 $ 25,000.00 $ 25,000.00 52 SPECIAL 6" WIDE CONCRETE EDGE RESTRAINT LF 450 $ ` - 20.00 $ 9,000.00 $ 10.0()I$ 4,500.00 53 SPECIAL 8" WIDE CONCRETE EDGE RESTRAINT AT CROSSWALKS LF 550 $ 25.00 $ 13,750.00 $ 10.001 $ 5,500.00 64 SPECIAL CONCRETE BUMPERS EA 25 $ 500.00 $ 12,500.00 $ 75.00 $ 1,875.00 SPECIAL PROJECT ALLOWANCE LSUM 1 $ 34,488.95 $ 34,488.95 $ 49,501.55 $ 49,501.55 SPECIAL HISTORIC SIGN RELOCATION EA 1 $ 10,000.00 $ 10,000.00 $ 2,200.00 $ 2,200.00 SPECIAL LIGHT FIXTURES AT HISTORIC SIGN EA 2 $' _ 1,500.00 $ 3,000.00 $ 11,000.00 $ 22,000.00 SPECIAL LIGHT POLE BASE EA 39 $ 800.00'. $ 31,200.00 $ 1,600.00 $ 62,400.00 R67 SPECIAL PRECAST LOGO EMBLEMS EA 8 $. 1,000.00 $ 8,000.00 $ 1,000.00 $ 8,000.00 SPECIAL 12"x12' DUCTILE IRON GRATE EA 1 $ `:.500.00 $ 500.00 $ 525.00 $ 525.00 SPECIAL 8" HIGH DENSITY POLYETHYLENE PIPE LF 28 $: 22.00` $ 616.00 $ 35.00 $ 980.00 SPECIAL ASPH. PATCH BASE REPAIR PE II EA 3 $ ;;. 1,200,001 3,600.00 $ 2,000.00 $ 6,000.00 TOTAL PROJECT COST 1 $ 724,267.95 1 $ 990,031.00 Q�OEESS /0 ACKNOWLEDGED BY: n n �� APPROVED: J. COBB chi v 8812 = J. CA THAL COB d ��� PUBLIC WORKS DIRECTOR 0kLAH0 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER PROJECT MANAGER SUBJECT: SANITARY SEWER EXTENSION FIRE STATION NO. 3 BID AWARD DATE: August 15, 2007 BACKGROUND: Related to the construction of Fire Station No. 3 — currently underway — this work includes the construction of approximately 500 linear feet of 8 -inch sanitary sewer to service the new station as well as the area located northeast of East 96th Street North and the Owasso Expressway (see Attachment A). Existing sanitary sewer infrastructure is located approximately 500 linear feet north of Fire Station No. 3. Following a review of alternatives, a recommendation was made for the construction of 500 linear feet of 8 -inch sanitary sewer ranging from 9 feet to 11 feet depth. Such depth will enable gravity -flow service not only to the new fire station but also to other existing and future development in the area. Design documents were completed in June of 2007 and Bid Notification was published in the Owasso Reporter on June 7, 2007, along with documents submitted to plan firms and facsimile notifications sent directly to local contractors. Bids were opened on June 28, 2007, with a single bid being submitted by McGuire Brothers Construction of Tulsa, Oklahoma in the amount of $101,981.00. Discussions concerning the single submittal lead staff to believe that the project's scope — coupled with its location — may have resulted in lack of interest by bidders. Additionally, although a new easement was acquired for the installation of the new sewer, its close proximity to other existing utilities — specifically telephone and gas — detrimentally influenced the pricing of the work by the Bidder. Following additional discussions with potential bidders to clarify the location of utilities and existence of an additional easement, staff recommended the re- advertisement of the work. On July 17, 2007, council voted to reject the McGuire Brothers bid and directed staff to re -bid this project. Re -bid notifications were published in the Owasso Reporter on July 17 and July 24, 2007, along with documents submitted to plan firms and facsimile notifications sent directly to local contractors. Fire Station No. 3 Sanitary Sewer Bid Award Page 2 of 2 EVALUATION OF BIDS: Bids were received and publicly opened on Monday, August 06, 2007, with the following four (4) bids received: Contractor Bid Sum MSB Construction, Tulsa, Oklahoma $ 61,520.00 McGuire Brothers Construction, Inc., Tulsa, Oklahoma 68,606.00 Ball Construction, Salina, Oklahoma 113,994.00 R.L. Hensley, Tulsa, Oklahoma 145,440.00 Staff is currently reviewing the Bids for completeness and accuracy. PROJECT FUNDING: Funding for this project has been allocated in the Capital Improvements fund (40- 250- 54100- 029). RECOMMENDATION: Staff recommends Council award the Sanitary Sewer Improvements for Fire Station No. 3 contract to MSB Construction Co. of Tulsa, Oklahoma, in the amount of $61,520.00. ATTACHMENTS: A. Location Map ;I;; 4 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JOE NURRE, P.E. CITY ENGINEER SUBJECT: NORTH 129TH EAST AVENUE ROADWAY AND DRAINAGE IMPROVEMENTS BID AWARD DATE: August 15, 2007 BACKGROUND: Included in the Capital Improvements Plan, this project consists of new, five -lane, Portland cement concrete paving between East 76`h Street North and East 86`h Street North and between East 86`h Street North and East 93rd Street North, drainage improvements and permanent signalization at the Owasso High School and Owasso 6`h Grade Center. Council initially approved a contract for engineering design services for improvements to North 129`h East Avenue and East 96`h Street North with CH2MHill on August 20, 2002. The scope of services included conceptual, preliminary and final design of improvements to the intersections at East 96`h Street North and North 129`h East Avenue and East 96`h Street and the Owasso Expressway, and the widening of North 129`h East Avenue from East 96`h Street North to East 76`h Street North. On January 19, 2004, Council approved a revised scope of work and divided the project into two components — the final design of the modifications and improvements to the intersection and the Owasso Expressway interchange and final design of the widening of the remainder of North 129`h East Avenue. At that time, Public Works staff recommended that permanent reconstruction of the Owasso Expressway interchange and completion of the intersection improvements should take first priority over the remaining engineering contract items. Bids were received for this portion of the project on July 12, 2004. Council awarded this contract to Becco Contractors during its regularly scheduled meeting of July 20, 2004. The project was completed by early summer of 2005 and Council approved acceptance and final payment during its meeting of August 16, 2006. Drawings (95% complete) for Phase 2 of the work — the widening of North 129`h East Avenue from East 96`h Street North to East 76`h Street North — were submitted for Public Works review in December of 2004. This portion of the project had been postponed by the Capital Improvements Committee pending the design and construction of improvements to North North 1291h East Avenue Improvements Bid Award Page 2 of 3 Garnett Road (East 86th Street North to East 96th Street North) and East 96th Street North (North Garnett Road to North 119th East Avenue). Following the meeting on April 5, 2007, the Capital Improvements Committee recommended that the project become active again and be completed in time for a summer letting. During the intervening 2 %2 years, the Design Engineer, CH2MHill, had discontinued its roadway section in the Tulsa design office. Final drawing review, preparation and completion of bidding documents was conducted at the firm's San Antonio, Texas, office. The December 2004 submittal was reviewed in the field to determine any changes or revisions which may have become necessary because of activity since the project's postponement. Contacts for design of utility relocation were also revived at this time. Final design drawings were completed on July 7, 2007. SOLICITATION OF BIDS: The Advertisement for Bids was published in the Owasso Reporter on July 12, 2007. A mandatory pre -bid meeting was held at Owasso City Hall on August 2, 2007. Four general contractors and several sub - contractors were in attendance. A public meeting to inform the residents of the details of the work was also held on August 2, 2007 from 6:30 PM to 8:30 PM, at the Owasso Public Schools Mid -High. Three bids for the project were received at 2:00 PM on August 13, 2007, and at that time opened publicly and read aloud. Becco Contractors, Inc $8,320,902.80 1847 East 15th Tulsa, OK 74157 Sherwood Construction $9,055,754.70 P.O. Box 10 Catoosa, OK 74015 APAC Oklahoma Inc. $10,033,217.68 4150 So. 100th Ea. Ave, Ste 300 Tulsa, OK 74146 The consulting engineer, CH2MHill, completed a Bid Tabulation (Attachments B) and provided a Recommendation of Award on August 15, 2007. Becco Contractors has met all requirements of the bid process and was determined to be the lowest responsive, responsible bidder with a bid amount of $8,320,902.80. Becco Contractors has successfully completed several road projects for the City and is currently constructing the intersection improvements at East 86th Street North and Mingo Road. A Notice to Proceed can be anticipated no later than September 10, 2007. Construction contract time for this project is 450 calendar days until substantial completion and 510 calendar days in which to be completed and ready for final payment. A $75,000 bonus is offered to the Contractor if substantial North 1291h East Avenue Improvements Bid Award Page 3 of 3 completion is reached on or before August 13, 2008 — the beginning of the Fall semester for Owasso Public Schools. FUNDING SOURCE: Funding for this project is included in FY 07 -08 Capital Improvements Fund. RECOMMENDATION: Staff recommends Council award a contract for the construction of North 129th East Avenue — Phase 2, Roadway and Drainage Improvements to Becco Contractors, Inc., of Tulsa, OK, in the amount of $8,320,902.80. ATTACHMENT: A. Project Location Map B. Bid Tabulation ATTACHMENT A Owasso Public Works N Department E. 129T" EAST AVENUE 301 West 2nd Street IMPROVEMENTS 1 Owasso, OK 74055 W E 918.272.4959 918.272.4996 PROJECT LOCATION www.cityofowasso.com August 15, 2007 Mr. Joe John Nurre, P.E. City Engineer City of Owasso - Public Works Department 301 West 2nd Avenue Owasso, OK 74055 Subject: 12911, Street Improvements Bid Tabulation CH2M HILL PN# 175465 Dear Mr. Nurre: ATTACHMENT B CH2M HILL 9311 San Pedro Avenuo Suite 800 San Antonio. TX 78216 Tel 210- 377 -3081 Fax 210- 349 -8944 We have reviewed the bid tabulations from Becco Contractors, Sherwood Construction, and APAC Oklahoma, Inc. that were received on August 15, 2007. Becco Contractors has placed the low bid. The table below lists the results of the bidding by the various categories: Description Becco Contractors Sherwood Construction APAC Oklahoma Inc. Roadway Subtotal $6,973,012.20 $7,268794.65 $8,276,327.71 Waterline Relocation Subtotal $266,995.00 $676,970.00 $639,291.00 Traffic Operations Subtotal $167,650.35 $180,150.05 $184,508.22 Traffic signing & Signals Subtotal $318,245.25 $334,840.00 $338,090.75 Project allowance $520,000.00 $520,000.00 $520,000.00 Project Bonus $75,000.00 $75,000.00 $75,000.00 Grand Total $8,320,902.80 $9,055,754.70 $10.033,217.68 Based on the above summary, we recommend that the bid for City of Owasso 129th Street Improvements Project be awarded to Becco Contractors. Sincerely, CH2M HILL Darrclambers 1r � P : \OwassoOkCityOf \175465 \Owasso Bid Award.doc COPYRIGHT 2007 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL 105 1 A Mel REIN 01 DIA Or -I TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ANA STAGG, P.E. PUBLIC WORKS DIRECTOR SUBJECT: GARNETT REGIONAL DETENTION FACILITY LAND PURCHASE AGREEMENT DATE: August 16, 2007 BACKGROUND: In accordance with the 2005 Stormwater Master Plan, the improvements relate to the construction of a 67- acre -feet detention facility to remediate drainage issues at Ator Heights and provide additional storage capacity for future development. The facility will be located near the Smith Farm Market in the Northeast t/4 of the Northeast %a of Section 19 (T21N, R14EIM), property currently owned by Owasso 20, LLC. The project is currently estimated at $3,000,000. It is anticipated that the recommended facility would provide off -site detention for the new JC Penny development; thus, it is recommended that construction begins as soon as possible to ensure completion by spring 2008. Staff is anticipating that, if approved by Council, engineering design may begin immediately for the preparation of construction contracts that may enable the bidding of excavation services in August 2007. Such proposed schedule will enable the use of the discarded material to fill the existing ONG pond yielding savings for both construction projects. LAND PURCHASE AGREEMENT: On March 4, 2005, the City of Owasso approved an Agreement (see Attachment B) for the purchase of right -of -way that enabled the construction of the North Garnett Road. Section E, Special Provisions of the Agreement made possible the future purchase of eleven acres from Owasso 20, LLC. to be used as a regional detention facility for a price of $1,437,480.00 (or $3 per square foot). At the time of the Agreement, parties anticipated the need for regional detention to promote the expansion of the Smith Farm Market and future additional development, and noted that the 2005 Stormwater Master Plan identified this parcel in particular as a natural location for regional detention. Staff is currently seeking the services of an appraiser to determine the current value of the land but anticipates that such value will be $3 per square foot or more. Thus, the option to purchase the land for the sum of $1,437,480.00 appears reasonable and advantageous for the city. The property owner is presently drafting a Purchase Agreement for review by the City. To expedite completion of this process, it is recommended that the City Manager be authorized to negotiate the details of the contract — to included access and construction easements — for a purchase price not to exceed $1,437,480.00. Garnett Regional Detention Facility Land Purchase Agreement Page 2 of 2 FUNDING SOURCE: Funding for the purchase of the land will be provided via internal financing, with payments to be made from the Stormwater Management Fund. RECOMMENDATIONS: Staff recommends Council authorization for the City Manager to execute an Agreement with Owasso 20 LLC. in an amount not to exceed $1,437,480.00 for the purchase of property necessary to construct the N. Garnett Road Regional Detention Facility. ATTACHMENTS: A. Project Location Map B. Memo dated August 10, 2007 (including attachments A and C) Owasso Regional Detention Area it a i 0 200 400 800 A Fee" N ' "A" 7 .yyF' AH n 1 Future:Developrnent Served by Regional Ddtentior Pond �--, 118 Acres (Total)` it a i 0 200 400 800 A Fee" N ' "A" MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J. RAY CITY MANAGER SUBJECT: N. GARNETT ROAD REGIONAL DETENTION FACILITY DATE: August 10, 2007 BACKGROUND: In an effort to take a more comprehensive approach to development issues and the impact of development on a specific area of the City, the staff has previously proposed the construction of a "regional" detention facility as a component of the Smith Farm Market Phase II (JC Penny's) project. The construction of such a facility will provide several benefits and is one of the Stormwater Master Plan's recommended projects. Benefits of the project include mitigation of existing stormwater concerns, use of more appropriate land for drainage thus allowing property currently being utilized for detention to be used in a more productive manner, and avoiding the development of numerous small detention facilities located on potentially tax generating property. Based on the " Stormwater Master Plan" and on discussions that have occurred over the past three years, the staff has taken the opportunity presented by the proposed Smith Farm Market Phase II project to develop a concept for a regional detention facility for the E. 96th Street North and N. Garnett Road area. The proposal includes the acquisition of property for the project, Council passage of an ordinance requiring all property developed in the defined development area to use the regional facility, release of property now restricted for detention use, design and construction of the facility, and funding for the proj ect. The proposed project, if approved and constructed, will provide an 11 acre detention site that will accommodate 67 acre -feet of runoff stormwater storage in a facility located immediately north of Ator Heights and immediately west of the newly constructed IBC Bank. The facility will serve approximately 70 acres of undeveloped property in addition to serving a portion of the existing Owasso Market property (Lowe's area) and the proposed expansion of the Smith Farm Market. The cost of the project is estimated to range between $3,000,000 to $3,500,000. Funding is proposed to be derived from a "fee in lieu of charge that would service the debt from a Revenue Anticipation Note (RAN) issued by the Owasso Public Works Authority to the City of Owasso (see attachment "A "). N. Garnett Road Regional Detention Facility August 8, 2007 Page 2 of 4 THE PROPERTY: The proposed detention facility would be located on an eleven -acre site currently owned by John Bumgarner under the name of Owasso 20, LLC. The property is located south and west of the E. 96`h Street North and N. Garnett Road intersection, north of Ator Heights. The property is marginally useable for residential development and has historically served as the detention for stormwater from that area. Its location and topography make it ideal for use as a regional detention facility (see attachment `B "). The City staff negotiated an option to purchase the property during the right -of way acquisition process for the widening of N. Garnett Road about two years ago (see attachment "C "). At that time, the price was "locked -in" for five years at $3.00 per square foot for the eleven acres, for a total cost of $1,437,480 for the acquisition of the property. Additionally, approximately 40,000 cubic yards of excavated soil will be deposited on the property remaining under the ownership of Owasso 20, LLC, as a part of the compensation for the easements to the property. FACILITY DESIGN: The staff will propose to the City Council that the firm of Meshek and Associates be retained for the purpose of designing the detention facility, design of the conveyance system (the system that transports water from various points to the facility), and bid specification documents. The Meshek firm is familiar with the city's Stormwater Master Plan and the hydrology of the specific area. The anticipated cost of these services is $150,000 however, the final "scope of services" for the project is under review and could impact the total cost. The Council will not be asked for approval of an agreement until the final scope of services is negotiated and all associated costs are established. (Please refer to attachment "D" for the preliminary Engineering Services Agreement.) CONSTRUCTION OF THE FACILITY: If approval is given for the project, the staff will first acquire the property for the facility, complete negotiations for easements and rights -of -way, authorize design and advertise the construction project for public bid. Initial and preliminary estimates place the cost of constructing the facilities at $1,500,000 to $2,000,000. While the Public Works staff believes this estimate to be valid, the actual cost will not be fully known until the final design is complete and bids for the project are received and reviewed. FUNDING: It is proposed that funding for this project be derived from three sources. • The Revenue Anticipation Note will provide the initial funding to acquire the land for the project, as well as construct the detention and conveyance facilities. The Stormwater Management fees will secure the RAN. N. Garnett Road Regional Detention Facility August 8, 2007 Page 3 of 4 • The undeveloped property in the "drainage basin" would be charged a "fee in lieu of detention" with such fee being mandatory as established by ordinance. Assuming that all of the undeveloped property in the basin develops, the contribution of those fees to the total project is estimated to be $2,300,000 over an estimated 5 to 10 year period. • Property currently "restricted" for use as detention at the Owasso Market would be released for development. It is proposed that the owner of that property pay a fee for off -site detention that would make approximately four acres available for commercial development (see map attachment `B "). Based on initial discussions with staff and the owner, it is estimated that the release of the property and resulting fee will contribute $800,000 to $1,200,000 to the project. Combined, the detention fees charged to the currently undeveloped property and the fee for the release of the restricted property at Owasso Market is expected to provide up to $3,500,000 for the project. Assuming that construction costs will actually meet projections and the revenue projections are accurate, no additional funding would be needed. The city's Stormwater Management Fund is proposed to be utilized as a funding source until such time that all fees are recouped. FINANCING: The staff proposes financing this project through the use of a RAN (see attachment "A "). Utilizing this method of financing, the OPWA would issue the RAN and the City would purchase the note as an investment (similar to previous actions such as the Vanguard RAN to the OEDA). The fees from the Stormwater Management Fund will be used to service the debt issued by the OPWA. The fees from the developing properties and the fee paid for the release of the Owasso Market detention tract would be used to repay the Stormwater Management Fund. SUMMARY: • Construction of a regional detention facility at E. 96`h Street North and N. Garnett Road is proposed • Facility will serve approximately 70 acres in the drainage basin • Facility would release four prime commercial acres for re- development • Cost of the project is estimated to be $3,000,000 to $3,500,000 • Revenue from fees is projected to be up to $3,500,000 • Initial funding of the project to be derived from the Stormwater Management Fund • The facility can be operational by late -Spring to early- Summer of 2008, at the time of JC Penny's opening. N. Garnett Road Regional Detention Facility August 8, 2007 Page 4 of 4 COMMENTS: • The use of the Stormwater Management Fund to initially fund the project will lessen spending on other drainage projects • The use of a regional detention facility in this specific area will allow increased retail utilization in this rapidly developing area (individual businesses will not have individual detention facilities) REQUEST: The staff request is for the following approvals and authorizations: • Approval of a contract for the purchase of 11 acres from Owasso 20, LLC. • Approval of an Engineering Services Agreement with Meshek • Approval and Authorization of a Revenue Anticipation Note by the OPWA • Authorization for the City Treasurer to invest in the RAN issued by the OPWA • Adoption of Ordinance requiring a fee -in -lieu of detention for all property in the defined basin • Approval of a Development Agreement with the Owners of Owasso Market • Approval of a plat amendment for Owasso Market, releasing the restricted property ATTACHMENTS: A. Revenue Anticipation Note Memorandum B. Map of Project Area and Surrounding Area C. Right -of -Way Purchase Agreement D. Engineering Services Agreement Memo and Attachments MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP ADMINISTRATIVE SERVICES DIRECTOR SUBJECT: PROJECT FINANCING REVENUE ANTICIPATION NOTE DATE: August 10, 2007 BACKGROUND: The City of Owasso continually explores alternatives in order to achieve the most cost effective strategy for financing capital projects. The issuance of and investment in a Revenue Anticipation Note (RAN) has been one of the successful methods used to finance capital projects. The City of Owasso utilizes a "pooled" cash system for the receipt, disbursement and investment of funds. The Consolidated Cash Fund includes all cash for the city and the trust authorities (except OEDA). The total in the Consolidated Cash Fund varies throughout the year depending on cash flows and major expenditures. The current cash balance is approximately five million dollars. One investment option available to the City's Consolidated Cash Fund is a RAN issued by a trust authority of the City. A RAN offers advantages for both the Authority and the City. The Authority may borrow funds through a fairly simple process and the City acquires a secure investment at a determined interest rate. Actions anticipated to accomplish this financing method are: 1. Council approval of a Resolution authorizing the investment in a RAN of the OPWA, 2. OPWA Trustee approval of a Resolution authorizing the borrowing and issuance of a RAN. 3. OPWA Trustee approval of the transfer of the proceeds of the RAN from the OPWA to the Stormwater Management Fund of the City. 4. Council approval of future fiscal year budgets transferring funds from the Stormwater Management Fund to the OPWA for debt service on the RAN. If this RAN financing method is utilized to fund the construction of the Garnett Road regional detention facility, staff will recommend approval of resolutions to authorize the financing at the August 21 City Council and OPWA meetings. CONTRACT THIS AGREEMENT, by and between Owasso 20, LLC, an Oklahoma limited liability company, hereinafter referred to as Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as City. WITNESSETH SALE. In consideration of the sum of Two Hundred Eighty -Six Thousand, Eight Hundred Eighty and 00 /100 Dollars ($286,880.00), 28,688 square feet at $10.00 per square foot, to be paid by the City to the order of Seller, as hereinafter provided, the parties have agreed that Seller shall sell, transfer and convey to the City by good and sufficient special warranty deed the following described real property in Owasso, Tulsa County, State of Oklahoma, to -wit: See Exhibit A attached hereto, together with all improvements thereon and hereditaments and appurtenances there unto belonging, free and clear of all liens, mortgages, easements, assessments and encumbrances of every kind and character whatsoever, and to warrant the title to same by through and under Seller. 2. CLOSING. The Closing shall occur on a mutually acceptable date, but in no event later- than April 1, 2005. At Closing, Seller shall execute, acknowledge and deliver to City a good and special warranty deed in statutory form, conveying to the City all of said property, free and clear of all taxes, liens and encumbrances. Concurrently with the delivery of said deed, Seller shall deliver- to City quiet and peaceable possession of all of said property. 3. SPECIAL CONDITIONS. A. Employees, agents or contractors representing the City of Owasso and /or the Owasso Public Works Authority shall be pennitted the right to enter upon the above described property prior to the Closing of this transaction as above stated to construct a street and utility relocation project for the Garnett Street Widening Project, The City of Owasso and/or the Owasso Public Works Authority hereby indemnifies, defends and holds Seller harmless from and against all cost, loss, expenses and claims (actual or threatened) incurred by Seller with respect to the work to be performed herein prior to the Closing; B. The City hereby assures to Seller that any current or future onsite stormwater detention requirements of the Owasso 7, LLC property referred to as Parcel No. 4 of the 96t" and Garnett Road Intersection Improvements Project, as well as the tract of land owned by Betty Smith from which right of way for the referred to project is also being obtained as Parcel 9 thereof, may be accommodated offsite by detention on the back half of Seller's tract subject only to a separate agreement among Betty Smith, 511398.2:225700:01574 Owasso 7, LLC and Seller. In conjunction herewith, the City hereby assures to Seller that the Owasso 7, LLC property and the Betty Smith property may utilize then existing City storm sewer pipes, box culverts, public rights of way, dedications and easements granted to the City to enable said properties to access the stormwater detention facilities on the western half, i.e., the "back" half of Seller's tract, subject only to a separate agreement among Betty Smith, Owasso 7, LLC and Seller; C. The City shall, at the City's sole cost and expense, cause the electrical lines east and parallel to Seller's tract to remain on the eastern side of Garnett Road in the then existing right of way and parallel to Seller's tract; D. At the time that Seller designates to the City a predetermined time for the annexation of Seller's tract, the City, within a reasonable arnount of time from such notification, shall cooperate and support the annexation request as well as cooperate and support a request from Seller, subsequent to annexation, for a rezoning of Seller's tract to (1) a combination of Commercial High "CH" and Commercial General "CG" of the east ten (10) acres of Seller's tract and (2) Residential Multi - Family of the west ten (10) acres of Seller's tract with developmentally adequate curb cuts; E. Seller, for no additional consideration, hereby grants unto the City an Option to Purchase the eleven (11) acres on the western half, i.e., the "back half' (the "Option Property "), to utilize same exclusively as a regional park and stormwater detention facility for a price of $1,437,480.00 as adjusted upward for the cost of any improvements paid for by Seller (as adjusted upward, the "Purchase Price "). The regional park and stormwater detention facility will accommodate Seller's tract, and the Owasso 7, LLC and the Betty Smith properties' onsi.te stormwater detention requirements, subject only to a separate agreement among Betty Smith, Owasso 7, LLC and Seller. In the event the City exercises the Option to Purchase, City, at Seller's request, shall have an appraisal of the Option Property conducted by an MAIA qualified appraiser mutually satisfactory to both Seller and City, a copy of which shall be delivered to Seller for review. In the event Seller and City agree with the appraiser's determination and the appraised value of the Option Property is higher than the Purchase Price, Seller and City hereby agree that the amount in excess of the Purchase Price (the "Excess Amount ") shall be deemed to be a "bargain sale" under the Internal Revenue Code of 1986, as amended, and a tax deductible contribution made by Seller to City and City shall furnish Seller any appropriate acknowledgement regarding the Excess Amount to such effect. In the event the City exercises the Option to Purchase and the City encloses the earthen channel in a concrete box culvert, the box culvert must be constructed within the thirty (30) foot wide Stormwater Drainage Easement referred to in Paragraph F. below. In addition, if the City exercises the Option to Purchase and Seller has constructed a detention pond to accommodate the properties of Seller, Owasso 7, LLC and Betty Smith, Seller, Owasso 7, LLC and Betty Smith shall not be (i) charged 511398.2:225700:01574 2 any fees by the City, (ii) required by the City to detain any water on -site, or (iii) required by the City to meet any further detention requirements. The Option to Purchase may be exercised by the City at any time within five (5) years from the date hereof by the City giving written notice to Seller of City's intent to exercise said option. In the event such Option to Purchase is exercised by the City, Seller and City shall enter into a mutually agreeable contract regarding same within 30 days from the date the Option to Purchase is exercised by the City. The Option to Purchase granted hereby is not assignable by City without the prior written consent of Seller or Seller's assignees or successors in interest; F. Seller, for no additional consideration, shall grant unto the City a Grading Easement in the form and substance of the Grading Easement being attached hereto as Exhibit B, to facilitate the constriction by the City and utilization by others only with the written permission of Seller, of an earthen channel on contiguous property owned by 96`h & Garnett, L.L.C. The City shall design and construct the earthen channel at its sole cost and expense. Seller shall reimburse City one -half (1/2) of the cost of the construction only of the earthen channel up to and not to exceed $40,000 and the other one -half (1/2) shall be reimbursed by 96th & Garnett, L.L.C. The earthen channel shall be located along the northern boundary of Seller's tract but located upon the contiguous land of 96'x' & Garnett, L.L.C. referred to above. As a continuing condition of the grant and payment referenced above, the City shall notify Seller by regular mail of other property owners, within the same drainage basin as Seller's tract is located, processing with the City any developmental plat. The determination of what real property is located within the same drainage basin as Seller's tract shall be made by the City referencing and utilizing the then most current Federal Emergency Management Agency (FEMA) floodplain and floodway maps applicable to the City of Owasso, Tulsa County, Oklahoma, The City shall. provide such notification to Seller at the inception of the City's receipt for processing of a proposed Preliminary Plat from a landowner, or his/her representative, of property within the same drainage basin as Seller's tract. The City shall enforce and hereby assures to Seller that no post development water shall be placed in the earthen channel without Seller's prior written permission and that all post - development access to the earthen channel shall be restricted by the City unless such permission is granted by Seller in writing. A condition precedent or co- existent to the obligation of Seller to grant the above referenced Grading Easement as well as the agreement to bear one -half (1/2) of the cost of the construction by the City of the earthen channel, is the agreement on the part of 96t1i & Garnett, L.L.C. with the City to grant an unrestricted thirty (30) foot wide Stormwater Drainage Easement on the southern boundary of the 96t1i & Garnett, L.L.C. property which is contiguous to the north of Seller's tract; G. The City hereby acknowledges and agrees that the floodplain located on the 96th & Garnett, L.L.C. property adjacent to Seller's tract has been filled in and no longer reflects the condition as mapped by the current FEMA maps of the 96th & Garnett, L.L.C. property. The City further aclaiowledges and agrees that compliance by the 5113 98.2:225700:01574 96th & Garnett, L.L.C. property with any on -site detention and floodplain requirements of the City shall not be met unless the floodplain on the 96th & Garnett, L.L.C. property is analyzed per the conditions of the existing FEMA maps; and H. The City agrees that Seller may designate prior to Closing that this transaction shall be conducted as a Section 1031 Exchange under the Internal Revenue Code of 1986, as amended, provided that Seller pay all costs associated with the Section 1031 Exchange and the Closing is not delayed. If Seller elects such option, the City shall cooperate with Seller to effect the Section 1.031 Exchange. All costs and expenses in connection. with such Section 1031 Exchange shall be the responsibility of Seller. Seller shall indemnify the City fi•om and against any and all loss, liability, damage, cost or expense suffered or incurred by the Section 1031 Exchange and such indemnity shall survive the Closing. The provisions of Section 3 shall survive the Closing of this transaction. IN WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma, this "-_day of __t y" , 2005. SELLER: Owasso 20, I. LC 13y:- - -- - - -- J Bumgarner, Jr., tAnager � \o OF D CITY: City of Owasso, Oklahoma N 0Q S ���.A NDN�P B y: - Susan Kimball, Mayor Attest: - h'Z�e Sherry BishAp, City Cler 511398.2:225700:01574 4 v Exhibit A Legal Description (OWASSO 20, LLC - ADDITIONAL GARNETT R/W) A TRACT OF LAND THAT IS PART OF THE WESTERLY 43.50' OF THE EASTERLY 60.00' OF THE S/2 OF THE NE /4 OF THE NE /4 OF SECTION 19, T -21 -N, R -14 -E OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: STARTING AT THE NORTHEAST CORNER OF THE S/2 OF THE NEA OF THE NE /4 OF SAID SECTION 19; THENCE N 89 °59'19" W ALONG THE NORTHERLY LINE THEREOF FOR 16.50' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND; THENCE S 00 °05'04" E AND PARALLEL WITH THE EASTERLY LINE OF SECTION 19 FOR 659.49' TO A POINT ON THE SOUTHERLY LINE OF THE S/2 OF THE NE /4 OF THE NEA; THENCE N 89 °5853" W ALONG SAID SOUTHERLY LINE FOR 43.50'; THENCE N 00 °05'04" W AND PARALLEL WITH AS MEASURED 60.00' PERPENDICULAR FROM THE EASTERLY LINE OF SECTION 19 FOR 659.49' 'TO A POINT ON THE NORTHERLY LINE OF THE S/2 OF THE NE /4 OF THE NE /4; THENCE S 89 °59'19" E ALONG SAID NORTHERLY LINE FOR 43.50' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND. 511398.2:225700:01574 5 Exhibit B Grading Easement 511398.2:225700:01574 v Exhibit A Legal Description (OWASSO 20, LLC - ADDITIONAL GARNETT R/W) A TRACT OF LAND THAT IS PART OF THE WESTERLY 43.50' OF THE EASTERLY 60.00' OF THE S/2 OF THE NEA OF THE NEA OF SECTION 19, T -21 -N, R -14 -E OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: STARTING AT THE NORTHEAST CORNER OF THE S/2 OF THE NEA OF THE NE /4 OF SAID SECTION 19; THENCE N 89 °59'19" W ALONG THE NORTHERLY LINE THEREOF FOR 16.50' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND; THENCE S 00 °05'04" E AND PARALLEL WITH THE EASTERLY LINE OF SECTION 19 FOR 659.49' TO A POINT ON THE SOUTHERLY LINE OF THE S/2 OF THE NE /4 OF THE NE /4; THENCE N 89 °58'53" W ALONG SAID SOUTHERLY LINE FOR 43.50'; THENCE N 00 °05'04" W AND PARALLEL WITH AS MEASURED 60.00' PERPENDICULAR FROM THE EASTERLY LINE OF SECTION 19 FOR 659.49' TO A POINT ON THE NORTHERLY LINE OF THE S/2 OF THE NEA OF THE NEA; THENCE S 89 °59'19" E ALONG SAID NORTHERLY LINE FOR 43.50' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND. 4 Exhibit A Legal Description (OWASSO 20, LLC - ADDITIONAL GARNETT R/W) A TRACT OF LAND THAT IS PART OF THE WESTERLY 43.50' OF THE EASTERLY 60.00' OF THE S/2 OF THE NE /4 OF THE NE /4 OF SECTION 19, T -21 -N, R -14-E OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: STARTING AT THE NORTHEAST CORNER OF THE S/2 OF THE NEA OF THE NE /4 OF SAID SECTION 19; THENCE N 89 °59'19" W ALONG THE NORTHERLY LINE THEREOF FOR 16.50' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND; THENCE S 00 °05'04" E AND PARALLEL WITH THE EASTERLY LINE OF SECTION 19 FOR 659.49' TO A POINT ON THE SOUTHERLY LINE OF THE S/2 OF THE NE /4 OF THE NE/4; THENCE N 89 °58'53" W ALONG SAID SOUTHERLY LINE FOR 43.50'; THENCE N 00 °05'04" W AND PARALLEL WITH AS MEASURED 60.00' PERPENDICULAR FROM THE EASTERLY LINE OF SECTION 19 FOR 659.49' TO A POINT ON THE NORTHERLY LINE OF THE S/2 OF THE NE /4 OF THE NE /4; THENCE S 89 °59'19" E ALONG SAID NORTHERLY LINE FOR 43.50' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND. 4 V :: ►11 Iff TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ANA STAGG, P.E. PUBLIC WORKS DIRECTOR SUBJECT: GARNETT REGIONAL DETENTION FACILITY ENGINEERING AGREEMENT DATE: August 15, 2007 BACKGROUND: In accordance with the 2005 Stormwater Master Plan, the Garnett Regional Detention project includes the construction of a 67- acre -feet detention facility, complete with conveyance systems, to remediate drainage issues at Ator Heights and provide additional storage capacity for future development. The detention facility will be located near the Smith Farm Market in the Northeast 1/4 of the Northeast 1/4 of Section 19 (T21N, RI4EIM), property currently owned by Owasso 20, LLC. The project is currently estimated at $3,000,000 to $3,500,000. On July 30, 2007, Meshek and Associates submitted an Engineering Services Agreement for the preparation of construction documents for the Regional Detention Facility for a sum not to exceed $150,000.00 (Attachment A). The scope of services consist of the preparation of preliminary and final design and the preparation of construction plans and specifications for the stormwater detention facility west of Garnett Road and upstream appurtenant drainage improvements between North Garnett Road and East 96th Street North on Ranch Creek Tributary A. Such conveyance appurtenance will transport runoff from existing detention facilities along East 96th Street North, enabling the expansion of retail development along the East 96ffi Street corridor. Additionally, the scope also include necessary services to ensure compliance with the Corps of Engineers (404 permits), Oklahoma Water Resources Board (dam permit) and FEMA (LOMR), as well as utility relocation coordination. FUNDING SOURCE: Funding for the Engineering Services Agreement will be provided under Stormwater Management Funds No. 27- 370 - 53001. RECOMMENDATIONS: Staff recommends Council approval of the Agreement for Engineering Services with Meshek and Associates for a fee not to exceed $150,000.00. ATTACHMENTS: A. Project Location Map B. Engineering Contract Documents — Meshek & Associates v• Owasso Public Works " Department GARNETT REGIONAL 301 west 2nd street DETENTION FACILITY Owasso, OK 74055 918.272.4959 918.272.4996 LOCATION MAP S www.cityofowasso.com ATTACHMENT B Agreement for Engineering Services 96th Street North and Garnett Drainage Improvements THIS AGREEMENT, made and entered into this day of 2007 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, Meshek & Associates, PLC, hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to construct a regional stormwater detention facility and certain upstream drainage improvements, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE /MANHOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost/ execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval. 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Meshek & Associates, PLC P.O. Box 636 20 West 2nd Street, Suite 200 Sand Springs, OK 74063 Attention: Janet K. Meshek, PE, CFM To CITY: CITY OF OWASSO, OKLAHOMA P.O. Box 180 Owasso, Oklahoma 74055 Attention: Ana Stagg, PE 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F, and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff initially and monthly thereafter and will be available for public meetings and /or City of Owasso presentations. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Janet K. Meshek as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. APPROVED: Meshek & Associates, PLC Janet K. Meshek, PE, CFM Date CITY OF OWASSO, OKLAHOMA City Clerk Mayor Date APPROVED AS TO FORM: City Attorney AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT Agreement for Engineering Services 96th Street North and Garnett Drainage Improvements Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of the preparation of preliminary and final design phases and the preparation of construction plans and specifications for the stormwater detention facility west of Garnett Road and upstream appurtenant drainage improvements between Garnett Road and 96th Street North on Ranch Creek Tributary A. The improvements include compliance with regulatory agencies including the Corps of Engineers (404 permits), Oklahoma Water Resources Board (dam permit) and FEMA (LOMB), as well as utility relocation coordination. It is expected that there shall be three separate sets of construction documents which must be prepared into in order to bring this PROJECT into being. AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT Agreement for Engineering Services for the City of Owasso, Oklahoma 96th Street North and Garnett Drainage Improvements Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT. C.1.2 Standard construction drawings and standard specifications. C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access. To provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance. Designate in writing a person to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing ". C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. C.5 Construction Administration Phase. Review and take appropriate action on contractor shop drawings and material submittals, and review of contractor pay estimates. AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT Agreement for Engineering Services for the City of Owasso, Oklahoma 96th Street North and Garnett Drainage Improvements Compensation Attachment D COMPENSATION.The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as each Phase of the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation. D.1.1 For the work under this project, Attachment B, the total maximum billing including direct costs and subconsultant services shall be $150,000 which amount shall not be exceeded without further written authorization by the CITY. D.2 Subconsultants and Other Professional Associates. Services of subcontractors and other professional consultants shall be compensated for at actual cost. D.3 Other Direct Costs. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at $.485 per mile. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E.3. D.3.3 Any other direct costs shall be compensated for at actual cost. D.4 Additional Services. Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in D.2 and D3. D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination as follows: AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT D.5.1 For hourly services as presented in D.2. D.6 Conditions of Payment. D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT Agreement for Engineering Services for the City of Owasso, Oklahoma 96th Street North and Garnett Drainage Improvements Billing Rate Sheet Attachment E Hourly Rates For: Meshek & Associates, Inc. Amount ($ /hour): E.1 Allowance for Office Work: Labor billing will be computed as the actual hourly salary rate times a multiplier of 2.541. The multiplier consists of: Salary 1.000 Overhead 1.420 Subtotal 2.420 5 %Profit 0.121 Total Multiplier 2.542 E.2 Travel Expense: Total mileage traveled for field and office visits x $0.445 /mile E.3 Reproduction costs: E.3.1 In -house reproduction Copies $ 0.20/ each Prints $ 2.00 /each 11 x 17 Color Prints $ 3.50 /each Black and White Plots $18.00 /each Color Plots $28.00 /each E.3.2 Outside reproduction At Cost E.4 Miscellaneous expenses and fees: At Cost AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT Agreement for Engineering Services for the City of Owasso, Oklahoma 96th Street North and Garnett Drainage Improvements Schedule Attachment F F. SCHEDULE. The schedule for the preliminary design and final design phases of the 96th Street North and Garnett Drainage Improvements project are provided as follows: F.1. Following completion of the preliminary grading (Item B.1.1), surveying for the work decribed in B.1.2 will be completed within 2 weeks. F.2 Preliminary design and preliminary probable construction cost estimate for the work described in B.1.2 will be completed by October 1, 2007. F.3 Following completion of the preliminary grading (Item B.1.1), geotechnical work for the work decribed in B.1.2 will be completed within 2 weeks. F.4 Following review by the City of Owasso, final Design and final probable construction cost estimate for the work described in B.1.2 will be completed by December 1, 2007 for bidding. F.5 Geotechnical work for the work decribed in B.1.3 will be completed within 4 weeks from the Notice to Proceed. F.6 Surveying for the work decribed in B.1.3 will be completed within 2 weeks from the Notice to Proceed. F.7 Preliminary design and preliminary probable construction cost estimate for the work described in B.1.3 will be completed by November 1, 2007. F.8 Following review by the City of Owasso, final Design and final probable construction cost estimate for the work described in B.1.2 will be completed by January 2, 2008 for bidding. F.9 This schedule is based on a Notice to Proceed on August 22, 2007 AGREEMENT FOR ENGINEERING SERVICES- 96THGARNETT MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP ADMINISTRATIVE SERVICES DIRECTOR SUBJECT: CITY RESOLUTION NO. 2007 -10 PROJECT FINANCING — REVENUE ANTICIPATION NOTE DATE: August 17, 2007 BACKGROUND: The City of Owasso continually explores alternatives in order to achieve the most cost effective strategy for financing capital projects. The issuance of and investment in a Revenue Anticipation Note (RAN) has been one of the successful methods used to finance capital projects. The City of Owasso utilizes a "pooled" cash system for the receipt, disbursement and investment of funds. The Consolidated Cash Fund includes all cash for the city and the trust authorities (except OEDA). The total in the Consolidated Cash Fund varies throughout the year depending on cash flows and major expenditures. The current cash balance is approximately five million dollars. One investment option available to the City's Consolidated Cash Fund is a RAN issued by a trust authority of the City. A RAN offers advantages for both the Authority and the City. The Authority may borrow funds through a fairly simple process and the City acquires a secure investment at a determined interest rate. Actions necessary in order to accomplish this financing method are: 1. Council approval of a Resolution authorizing the investment in a RAN of the OPWA, 2. OPWA Trustee approval of a Resolution authorizing the borrowing and issuance of a RAN, 3. OPWA Trustee approval of the transfer of the proceeds of the RAN from the OPWA to the Stormwater Management Fund of the City, 4. Future fiscal year budgets include the transfer of funds from the Stormwater Management Fund to the OPWA for debt service on the RAN. City of Owasso Resolution No. 2007 -10 authorizes the city treasurer to invest city funds in a Revenue Anticipation Note issued by the Owasso Public Works Authority and approves the indebtedness of the OPWA. The Revenue Anticipation Note is structured to allow the OPWA to draw funds as needed for the Garnett Road Regional Detention Facilities project for an amount not to exceed $3,500,000. The RAN will pay 4.0% interest to the city on the balance of the funds drawn against the note. The RAN matures September 1, 2017. The OPWA may prepay the note as funds become available. Funding is expected from three sources: the Stormwater Management utility fees, a mandatory fee in lieu of detention on undeveloped property in the project drainage basin (to be established by ordinance), and a fee for off -site detention by owners of the Owasso Market. OPWA Resolution No. 2007 -07 authorizes the issuance of the Revenue Anticipation Note by the OPWA and authorizes the execution of all necessary documents. The resolution also authorizes the transfers of the proceeds drawn on the note to the Stormwater Management Fund of the City to pay for the construction of the Garnett Road Regional Detention Facilities project. RECOMMENDATION: Staff recommends Council approval of Resolution No. 2007 -10 authorizing the investment in a Revenue Anticipation Note issued by the Owasso Public Works Authority and approving the indebtedness of the OPWA. ATTACHMENTS: City Resolution No. 2007 -10 Revenue Anticipation Note Loan Agreement CITY OF OWASSO, OKLAHOMA RESOLUTION NUMBER 2007 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING THE CITY TREASURER OF THE CITY OF OWASSO, OKLAHOMA, TO INVEST CERTAIN UNAPPROPRIATED AND UNENCUMBERED MONIES OF THE CITY OF OWASSO, OKLAHOMA, SURPLUS TO THE PRESENT NEEDS OF SAID CITY, IN A REVENUE ANTICIPATION NOTE OF THE OWASSO PUBLIC WORKS AUTHORITY, AN OKLAHOMA PUBLIC TRUST, HAVING THE CITY OF OWASSO, OKLAHOMA, AS ITS BENEFICIARY, IN AN AMOUNT NOT TO EXCEED THREE MILLION, FIVE HUNDRED THOUSAND DOLLARS ($3,500,000), APPROVING THE OPWA INDEBTEDNESS AS REPRESENTED BY THE PROPOSED AGREEMENT AND REVENUE ANTICIPATION NOTE, AUTHORIZING THE MAYOR, OR VICE -MAYOR AS THE CASE MAY BE, CITY CLERK OR DEPUTY CITY CLERK, AS THE CASE MAY BE AND THE CITY TREASURER OR DEPUTY CITY TREASURER, AS THE CASE MAY BE, TO EXECUTE, DELIVER AND RECEIVE ANY AND ALL DOCUMENTATION, OR AMENDMENTS THERETO, BEING LAWFULLY NECESSARY TO ACCOMPLISH THE INVESTMENT PURPOSES SET FORTH HEREINAFTER WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that the City presently maintains funds that have reserves which have reached a level that would allow for investments of a significant nature and for long term investments that might produce a higher yield; WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that investment opportunities are problematical due to legal restrictions placed upon the placement of public funds in the market; WHEREAS, the City Council of the City of Owasso, Oklahoma, has determined that the Owasso Public Works Authority, an Oklahoma Public Trust, having the City of Owasso, Oklahoma, as its beneficiary, has a present need to raise additional funds for the Garnett Road Regional Detention Facilities; WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that a present need in the amount not to exceed Three Million, Five Hundred Thousand Dollars ($3,500,000) exists on the part of the Owasso Public Works Authority, and that the Owasso Public Works Authority, is desirous of obtaining such funding from the City of Owasso, Oklahoma; and, WHEREAS, under the public finance provisions of the statutes of the State of Oklahoma, relating to municipal investment of funds, 68 O.S. Section 348.1 /Authorized Investments /Disposition of Income, the City Treasurer of the City, when authorized by the City Council by written investment policy, ordinance or resolution, is authorized to invest monies in the custody of the City Treasurer in Revenue Anticipation Notes issued by a public trust for which such City is a beneficiary thereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO -WIT: SECTION ONE. The City Treasurer of the City of Owasso, Oklahoma, is hereby authorized to invest certain unappropriated and unencumbered monies of the City of Owasso, Oklahoma, surplus to the present needs of said City, in the custody of the City Treasurer of the City of Owasso, Oklahoma, in a Revenue Anticipation note to be issued by the Owasso Public Works Authority, an Oklahoma Public Trust having the City of Owasso, Oklahoma as its beneficiary, in an amount not to exceed Three Million, Five Hundred Thousand Dollars ($3,500,000). The City Council of the City of Owasso, Oklahoma, hereby approves the OPWA indebtedness as represented by the proposed Agreement and Revenue Anticipation Note to be issued by the Owasso Public Works Authority, a copy thereof being attached hereto, made a part hereof and marked as Exhibit "A ". SECTION TWO. The Mayor, or Vice -Mayor as the case may be, the City Clerk or the Deputy City Clerk as the case may be, and the City Treasurer or Deputy Treasurer as the case may be, of the City of Owasso, be and they hereby are, authorized and empowered for and on behalf of the City of Owasso, Oklahoma, to execute, deliver and receive the Agreement and Revenue Anticipation Note of the Owasso Public Works Authority exhibited hereto and such further agreements and documents and to take such actions as such officer or officers may deem necessary or desirable in order to carry out and perform the investment and to effect the purposes thereof and to consummate the transaction contemplated thereby. SECTION THREE. That in accordance with public finance provisions of the Statutes of the State of Oklahoma relating to municipal investment of funds, 68 O.S. Section 348.1(5), the income received by the City of Owasso from the investment herein contemplated shall be placed, on a pro rata basis as hereinafter set forth, in the Contributing Funds within the City of Owasso, Oklahoma Consolidated Cash Account. Such pro rata distribution of income shall be made on the percentage basis that the Contributing Fund within the Consolidated Cash Account of the City of Owasso, Oklahoma, bears to the Contributing Funds within the Consolidated Cash Account of the City of Owasso, Oklahoma. Any Contributing Fund within the Consolidated Cash Account of the City of Owasso, Oklahoma, subsequently closed by the City Council of the City of Owasso, Oklahoma, shall receive no further pro rata distributions of income. PASSED AND APPROVED this 21S` day of August, 2007. CITY OF OWASSO, OKLAHOMA 0 ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: r qJulie ombardi, City Attorny Stephen Cataudella, Mayor REVENUE ANTICIPATION NOTE OF THE OWASSO PUBLIC WORKS AUTHORITY Dated as of the 21" day of August, 2007 Owasso, Tulsa County, Oklahoma $3,500,000.00 FOR VALUE RECEIVED, the undersigned, Owasso Public Works Authority, an Oklahoma Public Trust, having the City of Owasso, as its beneficiary, its successors and assigns (collectively, the "Borrower "), promises to pay to the order of the City of Owasso, Oklahoma, an Oklahoma Municipal Corporation, its successors and assigns (collectively, the "City ") at its principal office at 111 N. Main, Owasso, Tulsa County, Oklahoma 74055, or at such other place as may be designated in writing by the City, the principal sum of THREE MILLION, FIVE HUNDRED THOUSAND AND NO /100 DOLLARS ($3,500,000.00) or so much thereof as shall have been advanced hereon shall be due and payable on or before the 1" day of September, 2017. Interest on the unpaid portion of the principal balance computed from the date of each advance, until principal is paid in full, at the rate of four percent (4.0 %) per annum thereupon shall be due and payable on the 1" day of September and on the 1St day of March until principal is paid in full. The Borrower may prepay this Note, in whole or in part, at any time prior to the due date hereof, without penalty. If any payment shall be due on a Saturday or Sunday or upon any banking holiday of the holder hereof, such payment shall be due and payable on the next succeeding banking day and interest shall accrue to such day. This Revenue Anticipation Note is the Revenue Anticipation Note referred to in that certain Loan dated as of the 21St day of August, 2007, by and between the Borrower and the City (the "City ") given and entered into to secure this note, the proceeds of which the City is loaning to the Borrower to finance its costs of the Capital Improvement Projects in Owasso, Tulsa County, Oklahoma. Except as may be herein otherwise specifically provided, the rights and obligations of the Borrower and the City arising by virtue of this Revenue Anticipation Note as well as the Agreement above referred to, shall be governed by the Agreement as if same were specifically incorporated herein, such Agreement surviving the issuance, execution and delivery of this Revenue Anticipation Note. The City may, at any time prior to the due date of payment of this Revenue Anticipation Note call for an early pre - payment in whole, or in part, if it is determined by the City, in its sole discretion, that the funds heretofore advanced pursuant to this Revenue Anticipation Note are needed by the City for its operations, governmental or proprietary, and the Borrower is afforded a reasonable opportunity to obtain reasonably satisfactory refinancing hereof. All parties (makers, sureties, guarantors and all others now or hereafter liable for payment of all or any portion of the indebtedness evidenced by this Revenue Anticipation Note) severally waive demand, presentment, notice of dishonor, protest, notice of protest, and diligence in collecting this Revenue Anticipation Note and diligence in bringing and prosecuting suit against any party 1 bound hereby, and agree that no extension, renewal or partial payment, or release or substitution of collateral before or after maturity, with or without notice, shall release or discharge the obligation of any party. Upon the failure to pay when due the principal and or interest, the holder hereof shall be entitled, at its option, to extend the term or declare the unpaid principal balance of this Revenue Anticipation Note to be immediately due and payable. A failure by such holder to exercise such option will not constitute a waiver of the right to exercise the same in the event of any subsequent default. After maturity (whether by extension, acceleration or otherwise), interest shall accrue hereon at a rate of interest of ten percent (10 %) per annum. If this Promissory Note is placed with an attorney for collection upon any default, or to defend or enforce any rights of the holder(s) hereunder or any instrument securing payment of this Revenue Anticipation Note, or if this Revenue Anticipation Note is collected through bankruptcy or other judicial proceeding, the Borrower agrees to pay the reasonable attorney fees of the holder(s) of this Revenue Anticipation Note and all reasonable costs and expenses incurred in connection therewith. OWASSO PUBLIC WORKS AUTHORITY an Oklahoma Public Trust ATTEST: Sherry Bishop, Secretary Stephen Cataudella, Chairman Delivery receipted this day of , 2007. ATTEST: Sherry Bishop, City Clerk 2 CITY OF OWASSO, OKLAHOMA LE Stephen Cataudella, Mayor LOAN AGREEMENT THIS LOAN AGREEMENT (the "Agreement ") made and entered into as of the 21" day of August, 2007, is by and between the Owasso Public Works Authority, an Oklahoma public trust, (the "Authority "), and the City of Owasso, Oklahoma, an Oklahoma Municipal Corporation (the "City "). WITNESSETH: WHEREAS, the City has determined to make a loan to the Authority, aggregating $3,500,000.00 to be evidenced by the Authority's Revenue Anticipation Note payable to the order of the City in the original principal amount not to exceed $3,500,000.00, (the "Note ") to enable the Authority, pursuant to certain of its approvals, to finance the costs of the construction of the Garnett Road Regional Detention Facilities (the "Project "). WHEREAS, pursuant to the terms and conditions hereinafter set forth, the City is willing to make such loan to be evidenced by the Note; and WHEREAS, the payment of the Note is to be made from the general revenues of the Authority, receipts and receivables, under the conditions as set forth hereinafter. NOW, THEREFORE, in consideration of the mutual agreements herein made and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I THE AUTHORITY NOTES 1.1 The City's Commitment. The City agrees, subject to the terms and conditions of this Agreement, to make the loan to the Authority in the amount not to exceed $3,500,000.00. 1.2 Issuance of the Authority Note. Subject to the terms and conditions hereof and in reliance on the representations and covenants made herein, the Authority agrees to issue the Note to the City. The loan shall be repaid with interest in accordance with the terms of the Note. The Note shall be delivered to the City at a closing (the "Closing ") which will occur at such time and place as may be agreed on by the Authority and the City. Upon the issuance and delivery of the Note, and the satisfaction of all the conditions precedent of this Agreement, the City shall, upon receipt and approval of requisitions therefor, advance the proceeds of the loan to the Authority to pay the costs of the Proj ects. 1.3 Loan Advances. The loan advances on the Note shall be made pursuant to a Loan Schedule to be executed after final approval of the construction contracts for the Project. Each request for an advance shall be accompanied by a certificate signed by the project manager, describing the invoices for which the loan advances are sought, certifying that the work, labor or materials for which the loan advance is sought have been performed according to the plans and specifications or as approved by the City, and certifying that sufficient funds are available under the Note to complete the construction of the Project in accordance with the plans and specifications. Lien wavers from all contractors and subcontractors shall be provided by the Authority with each loan advance. 1.4 Terms of the Note. attached hereto. The Note shall be in substantially the form set forth in Exhibit A Interest shall accrue, be payable and subject to adjustment, as provided for in the Note on the outstanding and unpaid principal balance thereon from the date of first advance thereon until payment in full thereof as set forth and provided therein. 1.5 Payments, etc. Payment of principal and interest on the Note and other charges under this Agreement to be made to the City shall be made in lawful money of the United States of America, and shall be made at City's principal office in Owasso, Oklahoma, not later than 11:00 o'clock a.m. on the date due. If any such payment falls on a Saturday, Sunday or public holiday at the place of payment thereof, then such due date shall be extended on the next succeeding full business day at such place and interest shall be payable in respect of such extension. ARTICLE II CONDITIONS PRECEDENT 2.1 Conditions. The obligations of the City to make the loan pursuant to this Agreement are subject to there being no Event of Default hereunder or an event which with notice or lapse of time would become an Event of Default hereunder and the City having received in form and substance satisfactory to it: (a) A duly certified copy of the resolutions of the Authority authorizing execution and delivery of this Agreement, and related instruments, and the issuance, execution and delivery of the Note; (b) Original duly executed counterparts of this Agreement, (c) Such certificates, documents and certificates respecting the Authority, as City counsel shall reasonably require; (d) Such opinions of counsel for the Authority, as City counsel shall reasonably require; (e) A detailed description and cost breakdown analysis of the Project (the "Breakdown ") and all amendments thereto, all for approval by City; and (f) Such other and further materials and/or information as the City may reasonably request. 2 ARTICLE III SPECIAL OBLIGATION; PLEDGE; SATISFACTION 3.1 Special Obligation. The Note shall constitute a limited and special obligation of the Authority. The principal of and interest on the Note shall be payable by the Authority solely from, and shall be enforceable only out of the revenues of the Authority being hereby pledged by the Authority to such payment. The Note and all other obligations of the Authority hereunder shall not be construed or considered to be an indebtedness of the City of Owasso, Oklahoma, or any municipality, county or political subdivision of the State of Oklahoma within the meaning of any constitutional or statutory provision of the State of Oklahoma, under any circumstances. 3.2 Satisfaction of Debt. Notwithstanding anything to the contrary contained herein or in the Note, or in any instrument or document executed by or on behalf of the Authority in connection herewith, no stipulation, covenant, agreement or obligation contained herein or therein shall be deemed or construed to be a stipulation, covenant, agreement or obligation of any present or future member, trustee, officer, employee or agent or any successor to the Authority, in any such person's individual capacity, and no such person, in his individual capacity, shall be liable personally for any breach or non- observance of or for any failure to perform, fulfill or comply with any such stipulations, covenants, agreements, or interest on the Note or for any claim based thereon or on any such stipulation, covenant, agreement or obligation, against such person, in his individual capacity, either directly or through the Authority or any successor to the Authority, under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such person, in his individual capacity is hereby expressly waived and released. The Authority and the City expressly recognize and agree that this Agreement, the Note and any documentation issued, executed and delivered therewith, are subordinate and junior to all Revenue Bond obligations or Promissory Notes of the Authority currently outstanding or to be issued in the future. ARTICLE IV COVENANTS OF THE AUTHORITY The Authority hereby agrees with the City that, so long as the Note remains outstanding: 4.1 Performance of Agreements. The Authority shall take all action and do all things which it is authorized by law to take and do in order to perform and observe all covenants and agreements on its part to be performed and observed under this Agreement and the Note and in order to provide for and to assure payment of the principal of the Note and interest thereon when due. 4.2 Creation of Charges on Revenues. Left blank intentionally. 4.3 Amendment. The Authority shall not alter, amend or repeal the resolutions described in Section 2.1(a) hereof, or, without the prior written consent of the City, agree to any alteration or 3 amendment of any of the instruments described in Sections 2.1(b) and 2.1(c) hereof, or take any action impairing any authority, right or benefit given or conferred by such resolution or instruments. 4.4 Payment. The Authority shall pay or cause to be paid the principal of and the interest on the Note as the same becomes due, whether by acceleration or otherwise, but solely from the sources referred to in Article III hereof 4.5 Representations and Warranties of Authority. The Authority represents and warrants to the City as follows: (a) The Authority is an Oklahoma public trust duly organized, validly existing and in good standing under the laws of the State of Oklahoma and all other states in which it is necessary that the Authority be qualified to do business. (b) The Authority and the Owasso City Council have taken all necessary actions to authorize entering into this Agreement and to authorize the execution and delivery of the Note, and the other documents contemplated hereby. (c) The execution and delivery of this Agreement and, the Note, will not cause, constitute or result in a breach of any agreement, contract or other undertaking to which the Authority is a party. (d) The Authority shall deliver to the City copies, certified by the Authority's Secretary, of all resolutions and actions undertaken by the Authority or the Owasso City Council to authorize this transaction. (e) The Authority shall maintain its existence in Oklahoma. (f) The Authority shall deliver to the City, within one week after they are prepared, copies of the Authority's quarterly financial statements. ARTICLE V DEFAULT AND REMEDIES 5.1 Events of Default. Any one or more of the following shall constitute and "Event of Default" hereunder; (a) Nonpayment when due of interest and principal in accordance with the terms of the Note; or (b) The attachment of any involuntary lien in the sum of $25,000 or more, of any kind or character, upon the Revenues, or any portion thereof, except for taxes due but not in default and liens being contested in such a manner as to prevent execution on the Property; or 4 (c) The entry against the Authority of any judgment in an amount of $25,000 or more on a claim not covered by insurance which is not discharged within thirty (30) days of such judgment becoming a final judgment; or (d) If the Authority shall apply for or consent to the appointment of a receiver, a trustee or liquidator of themselves or itself, or of all or a substantial part of its assets, or (ii) file a petition or answer seeking reorganization or admit (by answer, default or otherwise) the material allegations of a petition filed against them in any reorganization proceeding; or (e) If the Authority shall (i) become insolvent, generally fail to pay, or admit in writing its inability to pay its respective debts as they fall due, (ii) make a general assignment for the benefit of its creditors, (iii) be adjudicated as bankrupt or insolvent, or (iv) file a voluntary petition in bankruptcy or file a petition or answer seeking an arrangement with creditors or to take advantage of any insolvency laws or admit (by answer, default or otherwise) the material allegations of a petition filed against it in any bankruptcy, arrangement or insolvency proceeding, or take or omit to take any action for the purpose or with the result of effecting any of the foregoing; or (f) If the petition in bankruptcy is filed against the Authority and is not dismissed within thirty (30) days, or if an order, judgment or decree by any court of competent jurisdiction shall be entered, adjudicating the Authority to be bankrupt or insolvent, without the application, approval or consent of the Authority or if the Authority shall seek or consent to or fail to timely contest of any order, judgment or decree appointing a custodian of all or a substantial part of its assets, or if the Authority shall seek or consent to, or fail to timely contest any order, judgment or decree approving a petition seeking reorganization or appointing a receiver, trustee or other custodian or liquidator of all or a substantial part of its assets; or (g) Left blank intentionally; or (h) The breach of, or default under, any covenant, agreement, term, condition, provision, representation or warranty contained in this Agreement, the Note, not specifically referred to in this Section, if such breach or default is not cured within thirty (30) days of the occurrence thereof, or (i) In any event of default shall occur and shall continue for more than the period of grace, if any, provided with respect thereto, under this Agreement; or 0) The Project cannot be completed in accordance with the plans and specifications approved by the City with the funds remaining to be advanced on the Note. 5.2 Remedies of Default. Whenever any Event of Default referred to in Section 5.1 hereof shall have occurred, the City may take any one or more of the following remedial steps: (a) Declare all amounts payable hereunder and pursuant to the Note or any renewal thereof, to be immediately due and payable without notice of default, presentment or demand for payment, protest or notice of nonpayment or dishonor, or other notices or demands of any kind whatsoever, whereupon the same, together with the accrued interest thereon, shall become immediately due and payable; or (b) Left blank intentionally; or (c) Take whatever action at law or in equity may appear necessary or desirable to collect the amount then due and thereafter to become due, or to enforce performance or observance of any obligations, agreements, covenants of the Authority under the Note, this Agreement, or otherwise. ARTICLE VI MISCELLANEOUS 6.1 Defeasance. If the Authority shall pay or cause to be paid or otherwise provide for, or there shall otherwise be paid or provided for, the principal and the interest on the Note and all other amounts payable by the Authority at the times and in the manner stipulated in this Agreement or the Note, then all covenants, agreements and other obligations of the Authority hereunder shall thereupon terminate and be discharged and satisfied. 6.2 Waivers, etc. No failure on the part of the City to exercise and no delay in exercising, and no course of dealing with respect to, any right under this Agreement, or any other agreement or instrument referred to in this Agreement, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein and therein provided are cumulative and not exclusive of any remedies provided by law. 6.3 Successors, etc. This Agreement shall be binding upon and inure to the benefit of the parties hereto and any subsequent holder of the Note and its successors and assigns. 6.4 Governiniz Law. This Agreement shall be construed in accordance with, and governed by the laws of the State of Oklahoma. 6.5 Amendments. This Agreement may not be amended, modified, or waived except with the written consent of the parties hereto. 6.6 Notices. All requests and notices under the Agreement shall be hand delivered or sent by United States Mail, postage prepaid, addressed as follows, except that either party may be written notice change of address, its counsel or its counsel's address for subsequent notices to be given hereunder: Authority Owasso Public Works Authority 111 N. Main Owasso, Oklahoma 74055 Attention: Stephen Cataudella, Chairman 10 With a copy to: Julie Lombardi Authority Attorney 111 N. Main Owasso, Oklahoma 74055 City City of Owasso 111 N. Main Owasso, Oklahoma 74055 Attn: Stephen Cataudella, Mayor With a copy to: Julie Lombardi City Attorney 111 N. Main Owasso, Oklahoma 74055 Notice given hereunder shall be deemed given upon receipt by the principal addressee. 6.8 Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 6.9 Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 7 ATTEST: I= Sherry Bishop, Secretary (SEAL) ATTEST: Sherry Bishop, City Clerk Owasso Public Works Authority By: Stephen Cataudella, Chairman "Authority" City of Owasso, Oklahoma LI-A Stephen Cataudella, Mayor EXHIBIT A REVENUE ANTICIPATION NOTE, Dated August 21, 2007 OF OWASSO PUBLIC WORKS AUTHORITY GARNETT ROAD REGIONAL DETENTION FACILITIES Maturity Principal Amount September 1, 2008 $125,000.00 March 1, 2009 $125,000.00 September 1, 2009 $135,000.00 March 1, 2010 $135,000.00 September 1, 2010 $150,000.00 March 1, 2011 $150,000.00 September 1, 2011 $165,000.00 March 1, 2012 $165,000.00 September 1, 2012 $180,000.00 March 1, 2013 $180,000.00 September 1, 2013 $195,000.00 March 1, 2014 $195,000.00 September 1, 2014 $210,000.00 March 1, 2015 $210,000.00 September 1, 2015 $225,000.00 March 1, 2016 $225,000.00 September 1, 2016 $240,000.00 March 1, 2017 $240,000.00 September 1, 2017 $250,000.00 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP ADMINISTRATIVE SERVICES DIRECTOR SUBJECT: GARNETT ROAD REGIONAL DETENTION PROJECT BUDGET AMENDMENT DATE: August 17, 2007 BACKGROUND: At the August 21, 2007 meeting, the City Council will consider a recommendation to acquire land, construct and finance the Garnett Road Regional Detention Facilities. This project was not anticipated when the fiscal year budget was approved in June. If the City Council and the OPWA Trustee authorize the stormwater project and the RAN financing, budget amendments will be needed in both the City and the OPWA. The City Stormwater Management Fund budget would be amended as follows: • Increase revenue from transfers from the OPWA Fund by $3,500,000; • Increase expenditure for capital outlay by $3,500,000; and • Increase expenditure for transfers to the OPWA Fund by $50,000 (for interest on the RAN). The OPWA Fund budget would be amended as follows: • Increase revenue from the proceeds of debt by $3,500,000; • Increase expenditure for transfers to the Stormwater Management Fund by $3,500,000 • Increase revenue from transfers from the Stormwater Management Fund by $50,000; and • Increase expenditure for debt service by $50,000 (interest on the RAN). RECOMMENDATION: Staff recommends City Council approval a budget amendment in the Stormwater Management Fund increasing estimated revenues by $3,500,000 and increasing the appropriation for expenditures by $3,550,000.