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HomeMy WebLinkAbout2022.11.15_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, November 15, 2022 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA 1. Call to Order - Mayor Kelly Lewis RECCEIVEID 2. Invocation - Pastor Ammie Sullivent of Pathway Church ,'® W 3. Flag Salute 4. Roll Call 5. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - November 1, 2022, and November 8, 2022, Regular Meetings B. Approve amended minutes for the September 6, 2022, Regular Meeting C. Approve claims 6. Consideration and appropriate action relating to items removed from the Consent Agenda 7. Consideration and appropriate action relating to Resolution 2022 -15, calling an election for the purpose of selecting City Council representation for City Council Ward 3 and Ward 4 Juliann Stevens Staff recommends approval of Resolution 2022 -15. 8. Consideration and appropriate action relating to Ordinance 1200, amending Part 15, Traffic and Vehicles, Chapter 2, Enforcement, of the Owasso Code of Ordinances by creating and adopting a new Section 15- 217.1, Motor Vehicle Accidents Occurring on Private Property Dan Yancey Staff recommends adoption of Ordinance 1200. 9. Consideration and appropriate action relating to a utility relocation agreement for the East 96th Street North from North 119th East Avenue to North 1291h East Avenue Roadway Improvements Dwayne Henderson Staff recommends approval of the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and City of Owasso, authorization to execute the Agreement, and authorization to terminate the agreement if revised estimates submitted by ONG become more than $684,804.00 prior to commencement of construction. 10. Consideration and appropriate action relating to an agreement for the lease of approximately 5,179 square feet of excess right -of -way located directly east of 507 East 19th Street North Brian Dempster Staff recommends approval of the Lease Agreement between 815 W Kenosha, LLC, and the City of Owasso and authorization to execute the necessary documents. Owasso City Council November 15, 2022 Page 2 11. Consideration and appropriate action relating to the partial vacation of the Bailey Creek Final Plat, located northeast of the East 96th Street North and North 97th East Avenue intersection, containing approximately 0.054 acres Alexa Beemer Staff recommends approval of the partial plat vacation for Bailey Creek. 12. Consideration and appropriate action relating to a Final Plat for property located north and east of the East 116th Street North and North 129th East Avenue intersection, containing approximately 1.008 acres (Lot 1, Block 1 Morrow Commercial) Alexa Beemer Staff recommends approval of the Lot 1, Block 1 Morrow Commercial Final Plat. 13. Report from City Manager 14. Report from City Attorney 15. Report from City Councilors 16. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date November 5, 2022 • Health Care Self- Insurance Claims -dated as of November 9, 2022 • Monthly Budget Status Report - October 2022 17. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 18. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 10, 2021, and the Agenda posted at City Hall, 200 South Main Street, at 5:00 pm on Thursday, November 10, 2022. Juljann M. Stevens, City lerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens@citvc)fowosso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, NOVEMBER 1, 2022 The Owasso City Council met in regular session on Tuesday, November 1, 2022, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 10, 2021; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 1:00 pm on Friday, October 28, 2022. 1. Call to Order -Mayor Kelly Lewis called the meeting to order at 6:30pm. 2. Invocation - The Invocation was offered by Lead Pastor David Daigle of Freedom Place Church. 3. Flag Salute - Vice Mayor Alvin Fruga led the flag salute. 4. Roll Call - A quorum was declared present. Present Absent Mayor - Kelly Lewis None Vice Mayor -Alvin Fruga Councilor- Doug Bonebrake Councilor - Bill Bush Councilor- Lyndell Dunn Staff: Assistant City Manager - Chris Garrett / City Attorney - Julie Lombardi 5. Presentation of Character Trait of Gratefulness Dr. Leslie Clark, Director Tulsa Tech Owasso Campus, presented the character trait for the month of November. 6. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - October 18, 2022, Regular Meeting B. Approve claims C. Approve Deferred Retirement benefits for Karl Fritschen and Normal Retirement benefits for Frances "Charlene" Lawrence D. Accept the East 5th Avenue Floodplain Mitigation Project and authorize final payment to Cherokee Builders, Inc., of Tulsa, Oklahoma, in the amount of $205,673.00 Mr. Bonebrake moved, seconded by Mr. Dunn to approve the Consent Agenda as presented, with claims totaling $756,206.14. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda - None 8. Consideration and appropriate action relating to the Professional Services Agreement with GH2 Architects for the Sports Park Infrastructure Improvement Project and authorization for payment Larry Langford presented the item, recommending ratification of the additional scope of work performed and authorization for payment to GH2 of Tulsa, Oklahoma, in the amount of $32,431.25. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Ms. Lewis to ratify the additional scope of work and authorize payment, as recommended. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 Owasso City Council November 1, 2022 Page 2 9. Consideration and appropriate action relating to a donation from Friends of the Owasso Police Department Foundation and a budget amendment Jason Woodruff presented the item, recommending acceptance of the donation and approval of a budget amendment in the General Fund, increasing the estimated revenue and the appropriation for expenditures in the Police Department by $7,500.00. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to accept the donation and approve the budget amendment, as recommended. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to the purchase of a hydraulic powered cot and loading system Mike Blevins presented the item, recommending approval to purchase the Power -Pro XT MTS Cot, MTS Power Load and warranties from Stryker Medical of Kalamazoo, Michigan, in an amount not to exceed $48,097.12, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve the purchase and authorize execution of all necessary documents, as recommended. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 11. Report from City Manager Chris Garrett introduced Roger Stevens to provide the monthly Public Works project status report and discussion was held. Mr. Garrett reported on the upcoming Veteran's Day Appreciation events. 12. Report from City Attorney - None 13. Report from City Councilors Kelly Lewis commented on the Cherokee Nation powwow held in Owasso. 14. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date October 22, 2022 • Health Care Self- Insurance Claims -dated as of October 27, 2022 15. New Business - None 16. Adjournment Mr. Dunn moved, seconded by Mr. Bonebrake to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:05 pm. Kelly Lewis, Mayor Juliann M. Stevens, City Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING TUESDAY, NOVEMBER 8, 2022 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, November 8, 2022, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 10, 2021; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 5:00 pm on Thursday, November 3, 2022. 1. Call to Order /Roll Call - Mayor /Chair Kelly Lewis called the meeting to order at 6:00 pm. A quorum was declared present Present Absent Mayor /Chair- Kelly Lewis Councilor /Trustee -Doug Bonebrake Vice Mayor /Vice Chair - Alvin Fruga Councilor /Trustee - Bill Bush Councilor /Trustee - Lyndell Dunn Staff: City /Authority Manager- Warren Lehr / Assistant City /Authority Manager- Chris Garrett Authority Attorney - Julie Lombardi 2. Discussion relating to Community Development Items A. Request to lease an area of excess right -of -way containing approximately 5,179 square feet, located to the east of 507 East 19th Street North B. Request for a partial plat vacation - Bailey Creek, approximately 0.054 acres located at the northeastern corner of the intersection of East 961h Street North and North 97th East Avenue C. Request for a final plat - Lot 1, Block 1 Morrow Commercial, approximately 1.008 acres located north of the East 1 16th Street North and North 129th East Avenue intersection Brian Dempster presented item A and discussion was held. Alexa Beemer presented items B and C and discussion was held. It was further explained these items would be placed on the November 15, 2022, City Council agenda for consideration and action. 3. Discussion relating to a proposed ordinance allowing the Owasso Police Department to respond to motor vehicle accidents occurring on private property under certain circumstances Dan Yancey presented the item and discussion was held. 4. Discussion relating to annexations and the impact on City operations for right -of -way and roadway maintenance Roger Stevens presented the item and discussion was held. 5. Discussion relating to City /Authority Manager items A. Monthly sales tax report and revenue outlook B. City Manager report Carly Novozinsky presented item A. Warren Lehr reported on upcoming city events: Geographic Information System (GIS) Day on November 17th, Free Landfill Day on November 19th, and the State of the City on November 291h. 6. City Councilor /Trustee comments and inquiries Councilor Dunn commented on the City's Veteran Appreciation Ceremony and discussion was held. 7. Adjournment The meeting adjourned at 6:35 pm. Kelly Lewis, Mayor /Chair Juliann M. Stevens, City Clerk TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens, City Clerk SUBJECT: City Council Minutes of September 6, 2022 DATE: November 10, 2022 BACKGROUND: The City Council minutes of the September 6, 2022 meeting were approved by the City Council on September 20, 2022. An error in the minutes was recently discovered and the corrected minutes are being submitted for City Council consideration and action. The September 6'h consent agenda included an item C: Acceptance of the 2023 Safe Oklahoma Grant and a Budget Amendment to appropriate the grant funds. The September 61h meeting minutes failed to list the consent item C. RECOMMENDATION: Staff recommends approval of the amended September 6, 2022 City Council meeting minutes. ATTACHMENT: Amended Minutes AMENDED OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, SEPTEMBER 6, 2022 The Owasso City Council met in regular session on Tuesday, September 6, 2022, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 10, 2021; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 5:00 pm on Thursday, September 1, 2022. 1. Call to Order - Mayor Kelly Lewis called the meeting to order at 6;30pm. 2. Invocation - The Invocation was offered by Pastor Bill Ascol of Bethel Baptist Church. 3. Flag Salute - Councilor Bill Bush led the flag salute. 4. Roll Call - A quorum was declared present. Present Mayor- Kelly Lewis Vice Mayor -Alvin Fruga Councilor -Bill Bush Councilor - Lyndell Dunn Absent Councilor- Doug Bonebrake Staff: City Manager - Warren Lehr / City Attorney - Julie Lombardi S. Presentation of Character Trait of Orderliness Art Haddaway, News Editor Owasso Reporter, presented the character trait for the month of September. 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - August 16, 2022, Regular Meeting B. Approve claims c. Accept the 2023 Safe Oklahoma Grant, authorize execution of the contract with the Oklahoma Attorney General's Office, and approve a budget amendment in the General Fund, increasing the estimated revenue and the appropriation for expenditures in the Police Department by $20,000.00 Mr. Bush moved, seconded by Mr. Fruga to approve the Consent Agenda as presented, with claims totaling $555,176.99. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda - None 8. Consideration and appropriate action relating to the purchase of police vehicles Dan Yancey presented the item, recommending approval to purchase seven (7) 2022 Ford Explorer police vehicles and one (1) 2022 Ford F150 police vehicle from Vance Country Ford of Guthrie, Oklahoma, in the amount of $293,195.00 and authorization for payment. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bush to approve the purchase and authorize payment, as recommended. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 Owasso City Council September 6, 2022 Page 2 9. Consideration and appropriate action relating to the purchase of an asphalt paving machine Larry Escalanta presented the item, recommending approval to purchase a Weiler P65 Commercial Asphalt Paver from Warren CAT of Midland, Texas, in the amount of $114,251.00 per the State of Oklahoma's approved contract #SW0195 -4986. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Fruga to approve the purchase, as recommended. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 10. Consideration and appropriate action relating to an agreement with Grand Gateway Economic Development Authority for Pelivan Transit services Josh Quigley presented the item, recommending approval of the Purchase of Service Agreement between the City of Owasso and Grand Gateway Economic Development Association ( Pelivan Transit) of Big Cabin, Oklahoma, in the amount of $60,475.00, and authorization to execute the necessary documents. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Dunn to approve the agreement and authorize execution of the necessary documents, as recommended. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 11. Consideration and appropriate action relating to Resolution 2022 -13, authorizing condemnation proceedings to acquire a temporary construction easement and a sanitary sewer easement on property located at 10808 North 971h East Avenue for the Ranch Creek Interceptor Project and to retain the law firm of Doerner, Saunders, Daniel & Anderson, LLP, to represent the City of Owasso and prosecute this matter to conclusion Julie Lombardi presented the item, recommending approval of Resolution 2022 -13. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Dunn to approve Resolution 2022 -13, as recommended. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 12. Report from City Manager Warren Lehr reported on the annual block parties, and Redbud Festival Park's upcoming events. Mr. Lehr introduced Roger Stevens to provide the monthly Public Works project status report and discussion was held. 13. Report from City Attorney - None 14. Report from City Councilors Councilor Dunn commented on East 96th Street North Overlay Project. 15, Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date August 13, 2022 and August 27, 2022 • Health Care Self- Insurance Claims - dated as of August 31, 2022 • Fiscal Year Ending 2022 Annual Financial Report Tax Increment District No. 1, City of Owasso ( Redbud TIF District) 16. New Business - None 17. Adjournment Mr. Bush moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 and the meeting adjourned at 7:10 pm. Owasso City Council September 6, 2022 Page 3 Minutes approved by City Council on September 20, 2022. Amended minutes to include item #6C approved by City Council on November 15, 2022. Kelly Lewis, Mayor Juliann M. Stevens, City Clerk Claims List - 11/15/2022 Fund Vendor Name Payable Description Payment Amount 01 GENERAL BLUE ENERGY FUELS LLC CNG FUEL PURCH OCT 22 $63.00 COX COMMUNICATIONS PHONE USAGE $10.62 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ANIMAL CONTROL -Total CINTAS- SUPPLIES $153.64 AEP /PSO ELECTRIC USE $37.63 JPMORGAN CHASE BANK ATWOOD- UNIFORM $69.99 JPMORGAN CHASE BANK INTERSTATE - SUPPLIES $65.65 JPMORGAN CHASE BANK LOWES- SUPPLIES $706.54 GEN CEMETERY -Total NATION FIRE - EQUIPMENT $879,81 JPMORGAN CHASE BANK PARKS COFFEE- SUPPLIES $104.75 SUSAN R CHERMACK PAINTING CLASS $520.00 TOWNSEND, DWAYNE MARTIAL ARTS CLASS $468.00 GEN COMM CTR DONATIONS -Total $1,092.75 COX COMMUNICATIONS PHONE USAGE $17.70 JPMORGAN CHASE BANK AMAZON- SUPPLIES $313.42 JPMORGAN CHASE BANK BEARSHARK- SUPPLIES $396.00 JPMORGAN CHASE BANK CINTAS- SUPPLIES $1,629.43 JPMORGAN CHASE BANK COX - SERVICE $180.00 JPMORGAN CHASE BANK DALE &LEE - SERVICE $46.00 JPMORGAN CHASE BANK HERNDONS- SUPPLIES $1,430.12 JPMORGAN CHASE BANK LOCKE- SUPPLIES $285.84 JPMORGAN CHASE BANK NATION FIRE - EQUIPMENT $292.50 JPMORGAN CHASE BANK OK REC -DUES $1,260.00 JPMORGAN CHASE BANK QUIT BUGGIN -PEST $95.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $132.80 JPMORGAN CHASE BANK WALMART- SUPPLIES $3.94 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $372.24 SUMNERONE INC COPIER SERVICES $313.36 GEN COMMUNITY CENTER -Total $6,768.35 BLUE ENERGY FUELS LLC CNG FUEL PURCH OCT 22 $53.98 COX COMMUNICATIONS PHONE USAGE $28.33 HAROLD RANDALL PINNEY LAWN MAINTENANCE $500.00 JPMORGAN CHASE BANK DELL - EQUIPMENT $798.22 TULSA COUNTY CLERK TULSA COUNTY FILINGS $18.00 VERIZON WIRELESS WIRELESS CONNECTION $204.43 GEN COMMUNITY DEVELOPMENT -Total $1,602.96 BLUE ENERGY FUELS LLC CNG FUEL PURCH OCT 22 $41.23 COX COMMUNICATIONS PHONE USAGE $14.16 JPMORGAN CHASE BANK AMAZON- RENEWAL $14.99 JPMORGAN CHASE BANK AMAZON- SUPPLIES $115.93 1 Claims List - 11/15/2022 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK SAV -ON- SUPPLIES $450.00 JPMORGAN CHASE BANK SWANK - COMMUNITY $480.00 GEN CULTURE & RECREATION -Total $1,116.31 COX COMMUNICATIONS PHONE USAGE $7.08 GEN ECONOMIC DEV -Total PHONE SERVICE $7,08 AT &T PHONE SERVICE $3.13 AT &T PHONE USE $25.85 COX COMMUNICATIONS PHONE USAGE $3.54 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total COPIER SERVICES $72.53 COX COMMUNICATIONS PHONE USAGE $28.33 JPMORGAN CHASE BANK HOT LOT - PARKING $10.00 JPMORGAN CHASE BANK ODP- SUPPLIES $78.15 OZARK LASER SYSTEMS GPS BASE STATION $1,640.00 SUBSCRIP UNIFIRST HOLDINGS LP UNIFORM SERVICES $35.02 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ENGINEERING -Total $1,871.52 COX COMMUNICATIONS PHONE USAGE $28.33 JPMORGAN CHASE BANK AMAZON- SUPPLIES $60.93 JPMORGAN CHASE BANK DELL - EQUIPMENT $399.11 JPMORGAN CHASE BANK GOVT FINANCE -FEE $180.00 JPMORGAN CHASE BANK ODP- SUPPLIES $444.15 GEN FINANCE -Total $1,112.52 AMERICANCHECKED INC ATTN: BILLING BACKGROUND CHECKS $23.10 AT &T PHONE SERVICE $9.41 AT &T PHONE USE $103.42 ELIZABETH ANNE CHILDS GENERAL LEGAL FEES $915.00 ENTERPRISE FM TRUST FLEET LEASE $1,166.58 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $658.05 SUMNERONE INC COPIER SERVICES $529.39 TULSA COUNTY CLERK TULSA COUNTY FILINGS $78.00 VERIZON WIRELESS WIRELESS CONNECTION $42.20 GEN GENERAL GOVERNMENT -Total $3,525.15 COX COMMUNICATIONS PHONE USAGE $3.54 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $87.23 GEN HISTORICAL MUSEUM -Total $90.77 JPMORGAN CHASE BANK SUNDANCE- SUPPLIES $209.70 GEN HR -CHAR INITIATIVE -Total $209.70 AMERICANCHECKED INC ATTN: BILLING BACKGROUND CHECKS $164.35 2 Claims List - 11/15/2022 Fund Vendor Name Payable Description Payment Amount 01 GENERAL COX COMMUNICATIONS PHONE USAGE $14.16 JPMORGAN CHASE BANK FACEBOOK - ADVERTISE $65.00 JPMORGAN CHASE BANK GIANT TV- EMPLOYEE $599.00 JPMORGAN CHASE BANK INDEED - ADVERTISE $293.00 JPMORGAN CHASE BANK JOTFORM - SUPPLIES $408.00 JPMORGAN CHASE BANK LINKEDIN- ADVERTISE $221.41 JPMORGAN CHASE BANK MEETING EXP 10/31 $23.61 JPMORGAN CHASE BANK NEXTCARE- MEDICAL $1,220.00 JPMORGAN CHASE BANK ODP- SUPPLIES $16.11 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $37.33 JPMORGAN CHASE BANK PAYPAL- ADVERTISE $15.00 JPMORGAN CHASE BANK SAV -ON- ADVERTISE $195.00 JPMORGAN CHASE BANK STRATA- SUPPLIES $1,096.71 RICH & CARTMILL INC CHANGE IN NAME $20.00 TREASURER PETTY CASH NOTARY FEE - ALONZO B $10.00 GEN HUMAN RESOURCES -Total $4,398.68 AT &T PHONE USE $25.85 COX COMMUNICATIONS PHONE USAGE $21.25 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $93.20 JPMORGAN CHASE BANK DELL - EQUIPMENT $302.42 JPMORGAN CHASE BANK DELL - REFUND ($117.79) JPMORGAN CHASE BANK HOME DEPOT - REFUND ($21.78) JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $53.84 JPMORGAN CHASE BANK NATURAL EVO- EQUIPMENT $618.00 VERIZON WIRELESS WIRELESS CONNECTION $252.06 GEN INFORMATION TECH -Total $1,227.05 COX COMMUNICATIONS PHONE USAGE $21.25 ENTERPRISE FM TRUST FLEET LEASE $369.19 JPMORGAN CHASE BANK ODP- SUPPLIES $24.33 TREASURER PETTY CASH NOTARY FEE- WINGERT $10.00 GEN MANAGERIAL -Total $424,77 COX COMMUNICATIONS PHONE USAGE $14.16 HOUGHTON, TIMOTHY L BAILIFF SEPT AND OCT $300.00 GEN MUNICIPAL COURT -Total $314.16 BLUE ENERGY FUELS LLC CNG FUEL PURCH OCT 22 $103.35 CITY OF OWASSO WATER SERVICE $3,857.00 COX COMMUNICATIONS PHONE USAGE $3.54 FREDRICK COSTIN JR LAWN MAINTENANCE $497.00 JPMORGAN CHASE BANK C &C- SUPPLIES $188.85 JPMORGAN CHASE BANK CORNERSTONE- REPAIR $6.59 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $28.45 K Fund 01 Claims List - 11/15/2022 Vendor Name GENERAL JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK K2K LLC ONEOK INC OKLAHOMA NATURAL GAS UNIFIRST HOLDINGS LP VERIZON WIRELESS Payable Description Payment Amount LIBERTY FLAGS - SUPPLIE $39.00 LOWES -PARTS $26.54 LOWES - SUPPLIES $77.50 LOWES -TOOLS $34.96 PEST REMOVAL $99.00 NATURAL GAS USAGE $58.59 PARKS STAFF UNIFORMS $48.52 WIRELESS CONNECTION $40.01 GEN PARKS -Total $5,108.90 BLUE ENERGY FUELS LLC CNG FUEL PURCH OCT 22 $385.22 JPMORGAN CHASE BANK AMAZON- UNIFORM $139.80 JPMORGAN CHASE BANK ATWOOD - UNIFORM $139.98 JPMORGAN CHASE BANK FLEET -FUEL $1,702.36 JPMORGAN CHASE BANK LOWES- EQUIPMENT $99.90 JPMORGAN CHASE BANK LOWES- SUPPLIES $44.84 JPMORGAN CHASE BANK ODP- SUPPLIES $41.78 UNIFIRST HOLDINGS LP UNIFORM SERVICES $160.44 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN STORMWATER -Total $2,794.34 AT &T PHONE USE $25.85 BLUE ENERGY FUELS LLC CNG FUEL PURCH OCT 22 $46.08 COX COMMUNICATIONS PHONE USAGE $10.62 ENTERPRISE FM TRUST FLEET LEASE $962.36 JPMORGAN CHASE BANK DORMAKABA- REPAIR $2,714.28 JPMORGAN CHASE BANK ODP- SUPPLIES $5.19 JPMORGAN CHASE BANK SHOP POP - SUPPLIES $429.68 JPMORGAN CHASE BANK SUMNER- SERVICE $75.00 UNIFIRST HOLDINGS LP UNIFORMS $23.60 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN SUPPORT SERVICES -Total $4,332.67 AEP /PSO STREET LIGHTS $10.92 TREASURER PETTY CASH CC REFUND -ALLEN $50.00 TREASURER PETTY CASH CC REFUND -BAKER $100.00 TREASURER PETTY CASH CC REFUND -FULTZ $100.00 TREASURER PETTY CASH CC REFUND -KIRK $50.00 TREASURER PETTY CASH CC REFUND - MISHLER $100.00 TREASURER PETTY CASH CC REFUND - PENDLETON $50.00 TREASURER PETTY CASH CC REFUND - RAMSEY $50.00 TREASURER PETTY CASH CC REFUND - SELLEK $50.00 TREASURER PETTY CASH FALSE ALARM REF -LYKIN $30.00 GENERAL -Total $590.92 4 Claims List - 11/15/2022 Fund Vendor Name Payable Description Payment Amount 01 GENERAL -Total $37,694.58 20 AMBULANCE SERVICE EMS TECHNOLOGY SOLUTIONS, LLC NOV TRAINING SANDBOX $150.00 JPMORGAN CHASE BANK ACE - SUPPLIES $34.18 JPMORGAN CHASE BANK AMAZON -PARTS $35.69 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $1,491.86 JPMORGAN CHASE BANK FULLERTON- SERVICE $1,28192 JPMORGAN CHASE BANK INTERSTATE- EQUIPMENT $159.99 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $2,088.90 JPMORGAN CHASE BANK MEDLINE- SUPPLIES $1,440.00 JPMORGAN CHASE BANK NATION REG- REFUND ($32.00) JPMORGAN CHASE BANK NATION REG- RENEWAL $32.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $35.94 JPMORGAN CHASE BANK SOUTH TIRE - REPAIR $466.94 JPMORGAN CHASE BANK TTC -PMD SCHOOL $3,840.00 JPMORGAN CHASE BANK USPS- POSTAGE $7.85 VERIZON WIRELESS WIRELESS CONNECTION $40.01 AMBULANCE -Total $11,075,28 DONNA BUCHANAN AMBULANCE REFUND $1,260.00 JEFFREY PITKIN AMBULANCE REFUND $652.38 AMBULANCE SERVICE -Total $1,912,38 AMBULANCE SERVICE -Total $12,987.66 21 E -911 AT &T PHONE USE $418.61 COX COMMUNICATIONS Tt CIRC RADIO TOWER $229.00 JPMORGAN CHASE BANK STAPLES - SUPPLIES $129.03 MOTOROLA SOLUTIONS INC MONTHLY ASTRO SYSTEM $2,651.35 TREASURER PETTY CASH NOTARY FEE -ENOS $25.00 VERIZON WIRELESS WIRELESS CONNECTION $40.01 E911 COMMUNICATIONS -Total $3,493.00 E -911 -Total $3,493.00 25 HOTEL TAX COX COMMUNICATIONS PHONE USAGE $7.08 STRONG NEIGHBORHOODS -Total $7.08 HOTELTAX -Total $708 27 STORMWATER MANAGEMENT MESHEK & ASSOCIATES, P.L.C. GARNETT IMPROVEMENTS $3,646.20 GARNETT CULVERT IMPROV -Total $3,646.20 COX COMMUNICATIONS PHONE USAGE $7.08 INCOG ANNUAL FEE $4,250.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $49.90 JPMORGAN CHASE BANK AMAZON -TOOLS $32.94 JPMORGAN CHASE BANK ATWOOD- UNIFORM $229.98 JPMORGAN CHASE BANK BROWN FARMS -SOD $40.00 5 Claims List - 11/15/2022 Fund Vendor Name Payable Description Payment Amount 27 STORMWATER MANAGEMENT JPMORGAN CHASE BANK LOWES -PARTS $24.42 JPMORGAN CHASE BANK ODP- SUPPLIES $31,98 JPMORGAN CHASE BANK OREILLY- SUPPLIES $40.46 JPMORGAN CHASE BANK PIKEPASS -FEES $1.90 JPMORGAN CHASE BANK ROBBYS- SUPPLIES $39.80 JPMORGAN CHASE BANK STILLWATER- UNIFORM $75.99 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES $382.50 SOURCEONE MANAGEMENT SERVICES INC LAWN MAINTENANCE $3,033.50 UNIFIRST HOLDINGS LP UNIFORM SERVICES $11.56 VERIZON WIRELESS WIRELESS CONNECTION $40.05 STORMWATER - STORMWATER -Total $8,292.06 STORMWATER MANAGEMENT -Total $11,938.26 34 VISION TAX GUY ENGINEERING SERVICES INC GARNETT TO 129 $3,464.33 116TH - GARNETT RD TO 129TH - Total $3,464.33 VISION TAX -Total $3,464.33 37 SALES TAX FIRE AT &T PHONE SERVICE $3.13 AT &T PHONE USE $25.85 CITY OF OWASSO WATER SERVICE $91.00 COX COMMUNICATIONS PHONE USAGE $116.85 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $221.10 JPMORGAN CHASE BANK AMAZON- SUPPLIES $58.77 JPMORGAN CHASE BANK AMERIFLEX -PARTS $575.90 JPMORGAN CHASE BANK CHEROK HOSE - SUPPLIES $24.33 JPMORGAN CHASE BANK CHEWY - SUPPLIES $62.68 JPMORGAN CHASE BANK CORNERSTONE - REPAIR $159.49 JPMORGAN CHASE BANK DK HARDWARE- SUPPLIES $19.35 JPMORGAN CHASE BANK EMTEC -PEST $395.00 JPMORGAN CHASE BANK FIRE SERV -DUES $1,050.00 JPMORGAN CHASE BANK FLYINGCROSS- UNIFORM $144.93 JPMORGAN CHASE BANK HD SUPPLY- SUPPLIES $220.56 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $475 JPMORGAN CHASE BANK IBT- SUPPLIES $341.85 JPMORGAN CHASE BANK INTERSTATE - EQUIPMENT $959.94 JPMORGAN CHASE BANK J &B- SUPPLIES $114.46 JPMORGAN CHASE BANK LOWES -PARTS $3.28 JPMORGAN CHASE BANK LOWES- SUPPLIES $176.38 JPMORGAN CHASE BANK MEETING EXP 10/28 $73.20 JPMORGAN CHASE BANK NAFECO- UNIFORM $4,168.03 JPMORGAN CHASE BANK NATION EMERG- SUPPLIES $337.64 JPMORGAN CHASE BANK OREILLY -PARTS $119.10 JPMORGAN CHASE BANK PIKEPASS -FEES $10.40 E Claims List - 11/1512022 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK PROF AMBUL -PARTS $2,305.60 JPMORGAN CHASE BANK PROMOZ- UNIFORM $1,106.30 JPMORGAN CHASE BANK REIMBURSEMENT $27.18 JPMORGAN CHASE BANK SAFERITE- EQUIPMENT $287.75 JPMORGAN CHASE BANK SAMS - SUPPLIES $598.94 JPMORGAN CHASE BANK SM3- SUPPLIES $121.46 JPMORGAN CHASE BANK TACTIPUP- REFUND ($5.32) JPMORGAN CHASE BANK TRAVEL EXP 10118 -21 $310.08 KUSSMAUL ELECTRONICS LLC E4 AUTO PUMP $744.42 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $1,600.61 VERIZON WIRELESS WIRELESS CONNECTION $1,047.71 SALES TAX FUND -FIRE -Total $17,622.70 SALES TAX FIRE -Total $17,622.70 38 SALES TAX POLICE AT &T PHONE SERVICE $9.40 AT &T PHONE USE $25.85 CITY OF OWASSO WATER SERVICE $38.50 COX COMMUNICATIONS PHONE USAGE $201.83 ENTERPRISE FM TRUST FLEET LEASE $1,653.46 JPMORGAN CHASE BANK STAPLES - SUPPLIES $129.03 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $855.12 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE $210.00 THOMAS ALAN HOFFMANN MMPI FEES $250.00 TREASURER PETTY CASH NOTARY FEE -GRAY $10.00 TREASURER PETTY CASH NOTARY FEE - HUDSON $20.00 TREASURER PETTY CASH P TEST REG- GREGORY $48.50 TREASURER PETTY CASH TRAVEL EXP REIMB -YANC $95.22 TULSA COUNTY HIGHWAY CONSTRUCTION PD SIGNS $397.90 VERIZON WIRELESS WIRELESS CONNECTION $2,595.87 SALES TAX FUND - POLICE -Total $6,540.68 SALES TAX POLICE -Total $6,540.68 39 SALES TAX STREETS 3M COMPANY 3M PAVEMENT TAPE $1,480.19 AEP IPSO STREET LIGHTS $8,934.39 BLUE ENERGY FUELS LLC CNG FUEL PURCH OCT 22 $170.69 COX COMMUNICATIONS PHONE USAGE $7.08 JPMORGAN CHASE BANK ALL WHEEL -PARTS $2,402.36 JPMORGAN CHASE BANK AMAZON- SUPPLIES $14.98 JPMORGAN CHASE BANK ATWOOD -PARTS $139.94 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $2.99 JPMORGAN CHASE BANK BROWNCO -PARTS $296.00 JPMORGAN CHASE BANK CORNERSTONE- SUPPLIES $18.99 JPMORGAN CHASE BANK CRAFCO- SUPPLIES $4,320.00 ri Claims List - 11/15/2022 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS JPMORGAN CHASE BANK FLEET -FUEL $2,010.36 JPMORGAN CHASE BANK INTERSTATE- SUPPLIES $307.20 JPMORGAN CHASE BANK J &A -PARTS $456.00 JPMORGAN CHASE BANK LOWES - EQUIPMENT $39.96 JPMORGAN CHASE BANK LOWES- SUPPLIES $58.47 JPMORGAN CHASE BANK NEXTCARE- MEDICAL $310.00 JPMORGAN CHASE BANK NORTH TOOL - UNIFORM $65.27 JPMORGAN CHASE BANK ODP- SUPPLIES $46.97 JPMORGAN CHASE BANK OREILLY- SUPPLIES $73.98 JPMORGAN CHASE BANK VANCE- SUPPLIES $182.63 JPMORGAN CHASE BANK WELSCO- RENTAL $49.64 SIGNALTEK INC 10/22 MONTYLY MAINT $1,465.00 TREASURER PETTY CASH PROPANE TORCH $49.99 TULSA COUNTY HIGHWAY CONSTRUCTION SIGNAGE & STRIPING $1,251.40 UNIFIRST HOLDINGS LP UNIFORM SERVICES $206.92 VERIZON WIRELESS WIRELESS CONNECTION $120.03 SALES TAX FUND-STREETS -Total $24,481.43 BECCO CONTRACTORS INC FY21 STREET REHAB $160,280.71 STREET REHAB FY20.21 -Total $160,280.71 SALES TAX STREETS -Total $184,762.14 40 CAPITAL IMPROVEMENTS CROSSLAND HEAVY CONTRACTORS 116 ST N - GARNETT TO 129 $1,019,543.20 116TH - GARNETT RD TO 129TH -Total $1,019,543.20 SPRING CREEK NURSERY INC TREES FOR GARNETT $9,935.00 CI- GARNWID96TH -106TH -Total $9,935.00 MICHAEL MASSEY APPRAISAL REVIEW $17,600.00 CIP 1061129 INTERSECT IMP -Total $17,600.00 K +D ARCHITECTS LLC FS1 & FS2 REMODEL $2,500.00 FIRE STAT #1 RENOVATION -Total $2,500.00 K +D ARCHITECTS LLC FSt & FS2 REMODEL $2,500.00 FIRE STAT #2 RENOVATION -Total $2,500.00 STRONGHAND LLC STREET REHAB FY21 -22 $100,224.01 STREET REHAB FY21 -22 -Total $100,224.01 POE, LTD FY22 -23 STREET REHAB $7,952.50 STREET REHAB FY22 -23 -Total $7,952.50 CAPITAL IMPROVEMENTS -Total $1,160,254.71 70 CITY GARAGE COX COMMUNICATIONS PHONE USAGE $14.16 JPMORGAN CHASE BANK AMAZON -PARTS $136.35 JPMORGAN CHASE BANK AMER MADE- SUPPLIES $4,493.49 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $29.98 Claims List - 11/15/2022 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE JPMORGAN CHASE BANK GOODYEAR -PARTS $1,441.20 JPMORGAN CHASE BANK GOODYEAR - REFUND ($828.97) JPMORGAN CHASE BANK GOODYEAR - SUPPLIES $828.97 JPMORGAN CHASE BANK HART BRAKES -PARTS $399.61 JPMORGAN CHASE BANK HESSELBEIN -MAINT $830.42 JPMORGAN CHASE BANK HOLT TRUCK -PARTS $1,636.66 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $11.94 JPMORGAN CHASE BANK HOOTEN OIL -PARTS $278.52 JPMORGAN CHASE BANK PTG- SUPPLIES $21.52 JPMORGAN CHASE BANK RAM MOUNTS -PARTS $426.31 JPMORGAN CHASE BANK SUPERBRIGHTLEDS -PARTS $114.00 JPMORGAN CHASE BANK WARREN CAT -PARTS $104.03 JPMORGAN CHASE BANK WELDON -PARTS $166.80 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $291.94 UNIFIRST HOLDINGS LP UNIFORMS $69,72 CITY GARAGE -Total $10,466.65 CITY GARAGE -Total $10,466.65 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $7,050.43 UNITED SAFETY & CLAIMS INC UNITED SAFETY CLAIMS $1,658.33 WORKERS' COMP SELF -INS -Total $8,708.76 WORKERS' COMP SELF -INS -Total $8,708.76 77 GENERAL LIABILITY - PROPERT HALL, ESTILL, HARDWICK, GABLE, LEGAL SERVICE FEES $1,082.70 HALL, ESTILL, HARDWICK, GABLE, LITIGATION LEGAL FEES $4,758.70 JPMORGAN CHASE BANK BILL KNIGHT - SERVICE $7,644.67 MARK OFFICER TORT CLAIM $2,816.52 GEN LIAB -PROP SELF INS -Total $16,302.59 GENERAL LIABILITY - PROPERT -Total $16,302.59 78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK NEXTCARE- MEDICAL $150.00 SELF -INS HEALTHCARE -Total $150.00 HEALTHCARE SELF INS FUND -Total $150.00 City Grand Total $1,474,393.14 L TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens, City Clerk SUBJECT: Resolution 2022 -15, Ward 3 and Ward 4 City Council Election DATE: November 10, 2022 BACKGROUND: Pursuant to the provisions of the Owasso City Charter, governing the election of City Council members, "the City Council shall take action by Resolution to call any necessary Ward Elections." In 2023, such election is required for Ward 3 and Ward 4 for a three -year term. In 2015, statutory requirements for elections conducted by the County Election Boards were amended. The City of Owasso utilizes the Tulsa County Election Board to facilitate City elections; therefore, City elections are affected by those changes and create conflict with provisions contained in the City's Charter regarding election dates. Resolutions not conforming to the statutory requirements will not be accepted, nor will the election be conducted by the County Election Board. A resolution calling the Ward 3 and Ward 4 election must be submitted to the Election Board by November 18, 2022. All registered voters residing within the Owasso City limits may vote in the election, regardless of the Council Ward in which they reside. ELECTION DETAILS: • The primary election will be held on Tuesday, February 14, 2023. • Should one of the candidates not receive the majority of all votes cast for the particular ward, a general election will be held. • The general election, if necessary, will be held on Tuesday, April 4, 2023. FILING PERIOD FOR INTERESTED CANDIDATES: • The filing period for interested candidates will be December 5, 6, and 7, 2022, between the hours of 8:00 a.m. and 5:00 p.m. • Registered voters who reside within the ward shall be qualified to hold the office of City Council Member for that ward. • Interested candidates must file a notarized Declaration of Candidacy form with the Tulsa County Election Board. RECOMMENDATION: Staff recommends approval of Resolution 2022 -15, calling the election. ATTACHMENT: Resolution 2022 -15 CITY OF OWASSO, OKLAHOMA RESOLUTION 2022 -15 NOTICE OF ELECTION AND VOTING PRECINCT CERTIFICATION WHEREAS, pursuant to the provision of the Owasso City Charter governing the election of City Council members, "the Council shall take action by Resolution to call any necessary Ward Elections." WHEREAS, in 2023, such election is required for the purpose of electing Owasso City Council Members, for the ward and term as follows: WARD NO. TERM 3 3 years 4 3 years NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: 1. That a non - partisan Primary Election will be held on February 14, 2023; and, 2. That the General Election thereafter, if necessary, will be held on April 4, 2023; and, 3. That only qualified electors of the City of Owasso who reside in the respective wards shall be qualified to hold the office of Council Member for that ward; and, 4. The filing period for qualified candidates begins at 8:00 a.m. on Monday, December 5, 2022, and ends at 5:00 p.m. on Wednesday, December 7, 2022; and, 5. Contests of candidacy may be filed until 5:00 p.m. on Friday, December 9, 2022. BE IT FURTHER RESOLVED that the City Council of the City of Owasso, Oklahoma, hereby certifies to the Tulsa County Election Board that Tulsa County precincts #720008, 720012, 720013, 720014, 720015, 720016, 720017, 720018, 720019, 720020, 720021, 720022, 720023, and Rogers County precincts #660006, 660021, 660031, 660130, are to be opened. PASSED AND APPROVED this 15th day of November 2022. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney TO: The Honorable Mayor and City Council FROM: Daniel Yancey Chief of Police SUBJECT: Ordinance 1200, Motor Vehicle Accidents occurring on Private Property DATE: November 10, 2022 BACKGROUND: For years, law enforcement has not had a clearly defined policy regarding working motor vehicle accidents on private property. Some officers choose to generate a report and some do not because there are very few options with respect to enforcement, meaning the "Rules of the Road" in most cases do not apply on private verses public property. For example, if someone makes an illegal turn or disobeys a stop or even speeds on private property, little can be done enforcement wise, even if the infraction causes an accident. Oklahoma State Statute Title 47 Section 10 allows Municipal Governments the authority to adopt either an ordinance or resolution regarding the response by law enforcement to motor vehicle accidents occurring on private property. State law does prescribe in certain cases where a driver is under the influence, personal injury is involved, or a vehicle that is property of a political subdivision or state is involved, law enforcement shall respond and file a report. PROPOSED ORDINANCE: The department strives on providing the best overall service to the public while taking into account the efficiency of officer's time and being fiduciary responsible. The proposed ordinance includes those responses mandated by state statute as well as those required responses the department feels is necessary to carry out the mission of the agency. In addition to the before mentioned requirements, the department recommends including a law enforcement response, with a written report, in those cases where a "Hit and Run" accident has occurred, a prosecution or follow up investigation is contemplated, damage has occurred to public property or in those cases where a supervisor directs a response. Finally, the department is recommending law enforcement shall provide assistance to motorists in the exchanging of information, or arranging for the removal of vehicles. Staff has prepared Ordinance 1200, amending Part 15, Traffic and Vehicles, Chapter 2, Enforcement, of the Code of Ordinances by creating a new Section 15- 217.1, Motor Vehicle Accidents Occurring on Private Property. RECOMMENDATION: Staff recommends adoption of Ordinance 1200. ATTACHMENT: Ordinance 1200 CITY OF OWASSO, OKLAHOMA ORDINANCE 1200 AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 2, ENFORCEMENT, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Fifteen, Traffic and Vehicles, Chapter Two, Enforcement, Section 15- 217.1, Motor Vehicle Accidents Occurring on Private Property, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be adopted and codified as follows: SECTION 15 -217.1 MOTOR VEHICLE ACCIDENTS OCCURRING ON PRIVATE PROPERTY Police officers shall not complete a written collision report for motor vehicle accidents that occur on private property within this jurisdiction except when: 1. A personal injury or fatality is involved; 2. A driver that may be under the influence of alcohol or other intoxicating substance is involved; 3. The collision involves a vehicle that is the property of the state or a political subdivision of the state; 4. A hit - and -run is involved; 5. Prosecution or follow -up investigation is contemplated; 6. There is damage to public property; 7. Directed by a supervisor. Police officers shall provide assistance to motorists as a public service, such as exchanging information or arranging for the removal of vehicles. SECTION TWO (2): REPEALER All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Page 7 of 2 Ordinance 1200 SECTION FOUR (4): 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 FIVE (5): CODIFICATION This ordinance shall be adopted and codified in Part 15, Chapter 2, as Section 15 -217.1 in the Owasso Code of Ordinances. ADOPTED by the City Council of the City of Owasso, Oklahoma on the 151h day of November, 2022. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk (S E A L) APPROVED as to form and legality: Julie Lombardi, City Attorney Page 2 of 2 Ordinance 1200 TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E, CFM, City Engineer SUBJECT: Agreement for Gas Facilities Relocation with Oklahoma Natural Gas Company East 961h Street North from North 119th East Avenue to North 1291h East Avenue Roadway Improvements DATE: November 10, 2022 BACKGROUND: Oklahoma Natural Gas (ONG) lines are located in both utility easements and public right -of -way along East 961h Street North, from 119th East Avenue to North 1291h East Avenue. An agreement for the relocation of those ONG facilities is proposed for the roadway - widening project. The City is responsible for the cost of relocation of utilities in utility easements. Relocation of utilities in the public right -of -way (ROW) is the responsibility of the utility company. ONG currently owns and operates 2,028 linear feet of various medium - pressure distribution pipelines within the limits of the project. Of this total length, 1,633 linear feet are located within utility easements. ONG proposed an initial total cost to relocate the gas lines at $850,345, of which $684,804 was to be the responsibility of the City of Owasso. These costs are based on the anticipated amount of rock on the project after rock was found in the area on recent projects. Staff has soils information from the road project that indicated there are sections of the project that has cemented sandstone at 4 -5' deep. ONG indicates that final cost for the project will be for actual rock presence experienced. AGREEMENT FOR GAS FACILITIES RELOCATION: The Agreement (see Attachment) contains language outlining the basis for the relocation costs and how ONG will be reimbursed by the City. A summary of the agreement's key points follows: • Relocation costs will be based on actual costs of relocating the gas lines and the rock experienced; • ONG will award and pay for the work based on competitive bids or continuing contract(s), whichever is deemed most practical and economical by ONG. If relocation services come in at a higher amount than the estimate, ONG will send the City a written notice, and the City will have the right to terminate the agreement within ten (10) days of receipt of notice. The City will reimburse ONG within thirty (30) days of completion of work, which is estimated to be in the FY 2022 -2023 fiscal year. FUNDING: Funding is available in the Vision Recapture Fund RECOMMENDATON: Staff recommends approval of the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and City of Owasso, authorization to execute the Agreement, and authorization to terminate the agreement if revised estimates submitted by ONG become more than $684,804 prior to commencement of construction and if it is determined by the City Manager that the revised estimate no longer fits within the City budget. ONG Page 2 ATTACHMENTS: Agreement Location Map AGREEMENT GAS FACILITIES RELOCATION ROADWAY IMPROVEMENT PROJECT 96TH ST N.,119TH- 129TH CITY OF OWASSO TULSA COUNTY Oklahoma Natural Gas Company, a Division of ONE Gas, Inc., hereinafter called "Company," owns various medium - pressure distribution natural gas pipelines within the construction limits of the referenced project in the City of Owasso, Tulsa County, Oklahoma, which Company utilizes in the discharge of its duties as a public service corporation. City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," has requested Company to relocate these facilities to accommodate the proposed construction of the referenced project as shown on plans therefore, the latest of which were received electronically by Company on September 13, 2019. City agrees to reimburse Company in the extent and manner hereinafter stated for that portion of the cost of relocating said facilities which is for the benefit of City. Company proposes to perform the necessary relocation of its facilities in substantial accordance with the Six plan sheets and the six -page cost estimate, all dated September 22, 2022, of which one copy each are attached. Company will bear the cost of relocating the portions of the facilities which do not occupy private rights -of -way. The City's share of the estimated cost of the necessary relocation will be $684,804 all of which is to be reimbursed to Company by City. City by accepting the proposal agrees that City shall reimburse Company for its share ofthe total actual relocation costs, said costs being arrived at in the same manner as used in Company's estimated cost of the project attached hereto. Such relocation costs will be based upon, but not necessarily limited to, material suppliers', work contractors', and equipment - rental invoices; and at then - current rates and prices, company's transfer and stores expense charges for warehoused materials; payroll time sheets; indirect labor charges; auto, truck, and equipment use records; expense statements; and standard allocated overhead charges. Company's award of and payment for contracted work will be based upon competitive bids or continuing contract, whichever appears to the Company will be most practical and economical. It is further understood, and City by accepting this proposal agrees, that City will reimburse the Company in accordance with this agreement within thirty (30) days after the said relocation work has been completed and Company's statement for City's costs thereof has been submitted. Company agrees that in the event Company should determine prior to commencement of construction that the revised estimated amount of the reimbursement by the City may exceed the estimated cost as stated herein, Company shall notify the City of such determination in writing. City shall have the right to terminate this agreement within ten (10) days of receipt of such said written notice. If City elects to so terminate, City shall pay Company the City's share of any engineering cost incurred to date of termination. If the City does not terminate the agreement within the ten (10) days, it shall remain in full force and effect. The Company by agreeing to or by abandoning, relocating, or modifying any of its facilities pursuant to this agreement shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the time of the execution of this agreement under valid and subsisting private right -of -way easements granted to, obtained by or through condemnation, or otherwise vested in the Company unless the Company shall have released same by written instrument. Further, should the Company in the course of relocating the above - described facilities relocate any of such facilities presently located on private right -of -way onto public right -of -way, the Company shall be deemed in respect to such facilities to have retained sufficient easement and other rights such that if said facilities are encompassed within any Page I of 2 Document ID: 41a0525e2178650o6 bbee2 f2ee940bf3a70a6ce61etl06a13629 Mgcb78b3B7a future governmental project requiring relocation, adjustment, or abandonment of such facilities, that the Company shall be entitled to reimbursement for the cost of such relocation, adjustment, or abandonment from the governmental agency requiring the same; provided, however, this provision shall not be construed as requiring reimbursement by the City of Owasso except when such relocation, adjustment, or abandonment is required for a project of the City of Owasso. Any changes made by the City in this proposal as submitted by the Company shall be subject to the written acceptance thereof by the Company before there is any binding contract between the parties. City by accepting this proposal warrants that it now has or will have unencumbered funds available with which to pay the relocation costs to the extent herein above provided. If this proposal is not accepted by the City within one (1) year from the date of this letter, this proposal shall automatically terminate and thereafter shall not be subject to acceptance by the City unless the proposal is reinstated by Company. Company respectfully requests that the City of Owasso agree to the terms of this proposal by signing in the space provided below and returning one executed copy to us. ATTEST: Brian Shore Secretary Dated: 1 0106/2022 OKLAHOMA NATURAL GAS COMPANY, A DIVISION OF ONE Gas, Inc. By:c rt, Carr 10/0612022 APPROVED as to form and legality this 15th day of November, 2022. Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk This 15th day of November, 2022. Page 2 of 2 Document ID: 41a0525e2176650c6bb$eMee940bi 70a6ce61etl06a1362WWO b76b387a Chris Carr LEGAL Vice President Operations OKLAHOMA NATURAL GAS COMPANY ESTIMATED GAS FACILITIES RELOCATION COST 96th St N, 119th E Ave to 129th E Ave CITY OF OWASSO 9/26/2022 Pipe Footage in Private Easement = 1,633 ft Pipe Footage in Public Easement = 395 ft Total Project Footage = 2,028 ft Estimated Project Cost _ $850,345 (Like Kind and Size) 2,028 Estimated Project Cost _ $850,345 (Actual Installation) 19.47% Betterment _ $0 (Actual - Like Kind and Size) + $684,804 = Breakdown of Estimated Project Cost Like Kind and Size ONG Share + Entity Share = Total 395 1,633 2,028 2,028 + = 2,028 2,028 19.47% + 80.53% = 100.00% $165,541 + $684,804 = $850,345 Betterment Cost Allocation Sub -Total Estimated Cost = Entity Share + Betterment Total Estimated ONG Cost = $165,541 + $0 = $165,541 Total Estimated Entity Cost = $684,804 + $0 = $684,804 Total Estimated Cost of Actual Replacement = $850,345 Composite Percentage of Project ONG SHARE _ $165,541 = 19.47% $850,345 ENTITY SHARE _ $684,804 $850,345 80.53% ONE Gas CUE Number CUE Description CUE Status Parent WO Capital Project Number Project Function Version Number Version Description Version Estimate Type Version Estimate Status Estimator ID Estimator Name Cost Center Project Funding Number Funding Type AIPM Investment Code Target Start Date Target Finish Oat. Table 1 September 26, 2022 at 10:32:56 AM CDT Cost Summary Report 22364 Summary Materials Labor& Vehicle OH SubTotal Services Total Estimated Subtotal Install Cost 5503.48 604706.61 Su6Total 5503.48 604706.61 Document ID: 4la0528e2178650e6bb8e2Ree940bt3 a70Oce6lWO8al3629d9dOCb78b387a Stores OH Labor Attends COH Vehicle OH Gross Cost Less Total Estimated Contribution Cast 0.00% 0.00% 0.00% 0.00% 1607.02 545.69 237981.95 0.00 850344.75 0.00 850344.75 1607.02 545.69 237981.95 0.00 850344.75 860344.75 1 1 6 C�^ ONE Gas Cost Summary Report Table 2 Materials 8. Consumables Labor Breakdown Overheads WP Task WP Description Issued Direct Purchase Miscellaneous Company Labor Contract Labor Stores OH Labor Attends COH Vehicle OH Total Costs # Number Material (Generic Material) Costs 10 CU Material 5,349.82 0.00 0.00 30.18 0.00 1562.15 13.31 2098.21 0.00 9053.67 20 CU Labor 0 0.00 0.00 1207.20 598640.63 0.00 532.38 233940.66 0.00 834320.87 30 CU Commercial 153.66 0.00 0.00 0.00 4828.60 44.87 0.00 1943.08 0.00 6970.21 Services SubTotal 5,503.48 0.00 0.00 1,237.38 603,469.23 1,607.02 545.69 237,981.95 0.00 850,344.75 September 26, 2022 at 10:32:56 AM CDT 2 1 8 Document ID: 4la0526e2178650c8bbSe2Ree940b13a70a6ce6le O8al3629dWd b78b3B7a L. ONE Gas Cost Summary Report Table 3 - Materials Detail Station Work Account AssetCode LaborType DirectPurchase CU Description Generic CU LineCost QTY UOM Item# Description 10 1 CONTRACT 0 CAP,END,0.75 9 6 EACH 340000323 IN IPS,MDPE.BUTT FUSION,DR 11,100 PSIG,ASTM D2513 10 1 CONTRACT 0 CAP,END,2 IN 10 5 EACH 340000065 IPS,MDPE,BUTT FUSION,DR 11,100 PSIG,ASTM 02513 10 1 CONTRACT 0 REDUCER,4 IN 9.9 2 EACH 340000455 IPS X 2 IN IPS,MDPE,BUTT FUSION,DR 11,100 PSIG,ASTM D2613 10 1 CONTRACT 0 ELBOW,2 IN 33 12 EACH 340000345 IPS,MDPE,BUTT FUSION,90 DEG, 100 PSIG,ASTM D2513 10 1 CONTRACT 0 TEE,2 IN IPS X 28 4 EACH 340000545 0.751N IPS,TAPPING,MO FUSION,CONVEN 0.80 IN CUTTER, 100 PSIG,ASTM D2513,BUTT OUiLET,W 1 12 IN SLEEVE AND PREP KIT 10 I CONTRACT 0 CAP,EN0,4 IN 30.1 7 EACH 340000080 IPS,MDPE,BUTT FUSION,100 PSIG,ASTM D2513 10 I CONTRACT 0 COUPLING,4 IN 108,64 8 EACH 340000235 IPS,HDPE,ELECT 100 PSIG,BLACK,AST D2513 September 26, 2022 at 10:32:56 AM CDT Document ID: 41a0525e2178650c8bb8e2f2ee 890bfia70a8ce61eE08a13829C940cb78b36 7a 3 1 8 C ONE Gas Cost Summary Report Table 3 - Materials Detail Station Work Account AssetCode LaborType DirectPUrchase CU Description Generic CU LineCost QTY UOM Item# Description 10 1 CONTRACT 0 ELBOW,4 IN 103.6 14 EACH 340000365 IPS,MDPE,BUTT FUSION,90 DEG,DR11,100 PSIG,ASTM D2513 10 1 CONTRACT 0 WIRE, SOLID, 516.78 1914 FEET 342000081 10 GA, THWN, COPPER, YELLOW, 30 MILL, 1000 FT, HIGH, TRACER, BURIED GAS PIPELINE 10 I CONTRACT 0 VALVE,BOX,4 90.76 1 EACH 070000024 IN,ABS POLY,SCREW TYPE,ADJ HEIGHT41 IN TO 54 IN,CAST IRON FLANGED,NON LOCKING VENTED LID 10 CONTRACT 0 TEE,41N 25.5 3 EACH 340000705 IPS,MDPE,BUTT FUSION,DR 11,100 PSIG,ASTM D2513 10 I CONTRACT 0 VALVE,BOX,2 86.8 1 EACH 070000025 IN,ABS POLY,SCREW TYPE,ADJ HEIGHT 281N TO 391N,CA5T IRON FLANGED,NON LOCKING VENTED LID 10 I CONTRACT 0 MARKER BALL, 29.4 2 EACH 300000001 1405 XR,4 IN DIA,PASSIVE TUNED,SELF LEVELING,ANTEI IN WATER RESISTANT,POL' SHELL,YELLOW,I DEPTH 5 FT September 26, 2022 at 10:32:56 AM CDT Document ID: 41a 0525e2178660e6bb8 e2Ree940bM70a8ce61WW81362 MOeb76b367a 4 8 C^ ONE Gas Cost Summary Report Table 3 - Materials Detail station Work Account AssetCodo LaborType DirectPurchase CU Description Generic CU LineCost OTY UOM Item# Description 10 1 37600 1590007 CONTRACT 0 PIPE 12.3 30 FEET 330000020 MDPE,COIL,0,75 IN IPS,DR 11,500 FT COIL, 0.0951N WALL,BIMODAL,t REGRIND ALLOWED,ASTM D2513.YELLOW 10 1 37600 1590020 CONTRACT 0 PIPE 1144.44 1122. FEET 330000040 MOPE,COIL,2.00 IN IPS,DR 11,500 FT COIL, 0.2161N WALL,NO REGRIND ALLOWED,ASTM D2513,YELLOW 10 1 37600 1590040 CONTRACT 0 PIPE 2867.04 792 FEET 330000065 MDPE,COIL,4.00 IN IPS,DR 11.5,500 FT COIL,0.395 IN WALL,NO REGRIND ALLOWED,ASTM D2513,YELLOW 10 1 37600 1832020 CONTRACT 0 VALVE,BALL,2 50.79 1 EACH 340000895 IN IPS,MDPE,BUTT FUSION,100 PSIG,DR 11,MD,FULL PORT,FULL PORTAASTM D2513 10 1 37600 1832040 CONTRACT 0 VALVE,BALL,4 182.77 1 EACH 340000905 IN IPS,MDPE,BUTT FUSION,100 PSIG,DR 11,MD;FULL PORTASTM D2513 September 26, 2022 at 10:32:56 AM CDT Dowm ntID:4la0525e217B850c6bb8e2re NOW .70a6ce61e6O8aIM294940cb7Bb3B7a 5 / 8 ONE Gas Cost Summary Report Table 3 - Materials Detail September 26, 2022 at 10:32:56 AM CDT Document ID: 41a0525e217865tk6bb6e2Rea940b13a70a6ce61etl08a1362W9dO b78b387a 6 8 Station Work Account AssetCodo LaborType DirectPurchase CUDescription Generic CU LineCost CITY UOM Item# Description 10 1 CONTRACT 0 TEE,41N IPS X 11 2 EACH 340002008 0.751N IPS,TAPPING,HDI FUSION,DR 11,0.80 IN CUTTER,100 PSIG,ASTM D2513 30 CONTRACT 0 VALVE,EXCESS 42.61 1 EACH 340001200 FLOW,1.25 IN IPS,MOPE,FUSIO 2600,OR 10,12 IN LONG,APPROX MIN TRIP RATE 2600 -3432 SCFH MIN TRIP FLOW @ 10 PSIG SCFH,ASTM D2513 30 CONTRACT 0 WIRE,SOLID,10 23.52 98 FEET 342000080 GA,THWN,COPPE 30 MIL INSULATION, 500 FT,HIGH,TRACEF GAS PIPELINE 30 I CONTRACT 0 TEE,41N X 1.25 8.15 1 EACH 340000760 IN IPS,TAPPING,MD FUSION,0.090 IN WALL,0.80 IN XL CUTTER,100 PSIG,RECTANGL BASE,ASTM D2513,W/ 12 IN SLEEVE AND PREP KIT 30 1 38020 1590012 CONTRACT 0 PIPE 79.38 98 FEET 330000030 MDPE,COIL,1.25 IN IPS,DR 10,500 FT COIL, 0.1661N WALL,BIMODAL,1 REGRIND ALLOWEDASTM D2513,YELLOW September 26, 2022 at 10:32:56 AM CDT Document ID: 41a0525e217865tk6bb6e2Rea940b13a70a6ce61etl08a1362W9dO b78b387a 6 8 1- 314" By Pass 1 -d" PE Lap 2 -4' PE Elbow 1 -4" EF Coupling 1 -3/4 "Bypass 1 -4 "PE lnline Tae 2 -4 "EF Coupling 1- 4 "PECap 1 -412 PE Reducer 2 -4 "PE Elbow 2 -2" PE Elbow MISSION NOTE: ALL PROPOSED PIPELINE TO BE INSTALLED A MINIMUM OF 4' BELOW EXISTING GRADE UNLESS OTHERWISE NOTED WITH PROPOSED TOP ELEVATION. OKLAHOMA NATURAL GAS COMPANY Won CITY OF OWASSO EAST 96TH ST N TULSA COUNTY Providing tellable natural gas REVISED PRINPSISSVED UA9 ieM1 tt! to Q atOTIA In aA e B as. DATE O CITY OF OWASSO EAST 96TH ST N FILE NO. pWD NO. OF 5 E 96TH ST MISSION " OKLAHOMA NATURAL GAS COMPANY EAST 96TH ST N CORE VALUES DESIGNED S.H. MISSION OKLAHOMA NATURAL GAS COMPANY Providing reliable natural ga. RUSE D PRINTS ISSUED EAST 96TH ST N CAMI " OKLAHOMA NATURAL GAS COMPANY Providing reliable natural ga. RUSE D PRINTS ISSUED CITY OF OWASSO to mss NSION EAST 96TH ST N E 96TH ST MISSION OKLAHOMA NATURAL GAS COMPANY CITY OF OWASSO VISION EAST 96TH ST N ONE Gas ONE Gas Map Legend Reimbursable Breakdown Street ROW THE CITY OF OWASSO CONSTRUCTION PLANS EAST 96TH ST. N. CITY OF OWASSO — TULSA COUNTY NOTE: ALL PROPOSED PIPELINE TO BE INSTALLED A MINIMUM OF 4' BELOW EXISTING GRADE UNLESS OTHERWISE NOTED WITH PROPOSED TOP ELEVATION. OKLAHOMA NATURAL GAS COMPANY REUSED PRINTS ISSUED DESIGNED SURVEY DATE MISSION VISION MISSION " OKLAHOMA NATURAL GAS COMPANY Providing rallable natural go. REVISED PMWS Issmo Oklahoma. VISION " OKLAHOMA NATURAL GAS COMPANY PraNtling relioWe natural go' REVISED Mims ISSUED OWahama. CCAJ MISSION OKLAHOMA NATURAL GAS COMPANY FmAding rdlable natural gae REVISEll PNNTSISSDED awicea to cualgmere In vre nw aArE Ha Oklahwna. MISSION MISSION CAdV " OKLAHOMA NATURAL GAS COMPANY E 96TH ST MISSION " OKLAHOMA NATURAL GAS COMPANY Providing reliable natural gee REVISED pryATS issued East 96th Street North, North 117th East Ave to N 129th East Ave ONG Relocation Project 1" = 500 ft Location Map This map may represents a visua! display of related geographic information. Data provided here cn is not guaramee of acutual field conditions. To be sure I c e emolete accuracy, please cent aet the responsible staff for most up -to -date information. TO: The Honorable Mayor and City Council FROM: Brian Dempster Director of Community Development SUBJECT: Real Property Lease- Garnett Right -of -Way DATE: November 10, 2022 BACKGROUND: Over the last few months, City Staff has been working with Mr. Michael Brown (815 W Kenosha, LLC), concerning a request to lease excess right -of -way (ROW) located immediately to the east of 507 East 19th Street North. The subject property would be paved and used for additional parking for the commercial development located adjacent to the subject property. ANALYSIS: • The LLC is seeking to lease an area approximately 5,719 square feet in size, to accommodate an expansion of the parking lot located at 507 East 19th Street North. • The City is currently leasing another excess ROW parcel, to the south of the subject property and adjacent to the commercial development located at 9100 North Garnett Road. • Further, the City also leases land adjacent to the water tower located at 9540 North 121 :t East Avenue. o Both of these existing leases were executed to accommodate additional parking for the adjacent commercial /office developments. • The Draft Lease Agreement outlines a fifty (50) year term, with four (4) different options to renew for ten (10) year periods. The Agreement also states that there will be required payments equating to $860.00 per year. o The monthly payments were calculated using a formula that estimated the total price of the subject property, if one was to purchase it outright as an easement. That total amount was then divided by fifty to reach the yearly payment amount, RECOMMENDATION: Staff recommends approval of the Lease Agreement between the 815 W Kenosha, LLC, and the City of Owasso, and authorization to execute the necessary documents. ATTACHMENTS: Aerial Map Lease Legal Description Lease Agreement Aerial Map Garnett ROW Lease SCOPE Surveying Company Lease Legal Description BEGINNING at the Southeast corner of Lot 1, Block 1, Ator Heights Third Addition (Plat #3309), an Addition to Tulsa County in Section 19, Township 21 North, Range 14 East, THENCE N88°45'57 "E for forty three (43) feet to a point. THENCE N01°15'19 "W parallel to the East line of said Lot 1, Block 1, Ator Heights Third Addition, for one hundred and thirty three and thirty hundredths (133.30) feet to a point. THENCE S88 055'24 "W for forty three (43) feet to a point, being the Northeast corner of said Lot 1, Block 1, Ator Heights Third Addition. THENCE S01°15'19 "E along the East lot line of said Lot 1, Block 1, Ator Heights Third Addition for one hundred and thirty three and thirty seven hundredths (133.37) feet to the POINT OF BEGINNING. LEGEND 0' 20' 40' 80' center Line Intended Lease Area SCALE NE CORNER OF LOT BLK 1, ATOR HEIGHTS THIRD ADDITION 12' 43' 5'24" E S 88'55'24" W 15' ESMT. BUILDING CONCRETE PARKING LSE CORNER OF LOT 1 BILK 1, ATOR HEIGHTS THIRD ADDITION LEASE AGREEMENT STATE OF OKLAHOMA ) KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TULSA ) THIS LEASE AGREEMENT (the "Lease ") is made and entered into by and between CITY OF OWASSO, an Oklahoma municipal corporation (the "Lessor "), and 815 W KENOSHA LLC, an Oklahoma limited liability company (the "Lessee "). WITNESSETH: WHEREAS, Lessor is the owner of a parcel of land located in the City of Owasso, County of Tulsa, State of Oklahoma being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (the "Lessor's Property "); and WHEREAS, Lessee is desirous of leasing the Lessor's Property from Lessor, and Lessor is agreeable to same, subject to the terms and conditions herein. NOW, THEREFORE, for and in consideration of the foregoing Lessor's Property and the mutual and respective covenants and undertakings of Lessor and Lessee hereunder, such parties hereby agree as follows: ARTICLE I DEMISE AND DESCRIPTION OF LESSOR'S PROPERTY 1.01. In consideration of the mutual promises herein made, and subject to all of the terms and conditions hereof, Lessor leases to Lessee, and Lessee accepts from Lessor, the Lessor's Property free and clear of all liens, restrictions and other encumbrances other than those matters of public record (the "Permitted Exceptions "). Notwithstanding anything to the contrary contained herein, Lessor and Lessee acknowledge and agree that the Lessor's Property may be improved, in Lessee's sole discretion, with signage, landscaping, parking and related improvements (the "Improvements "). Improvements shall be at Lessee's sole expense, and Lessee shall be responsible for construction and maintenance of Improvements. ARTICLE II TERM AND RENEWAL OPTION 2.01. The stated term of this Lease shall be for a period of Fifty (50) years, commencing on December 1, 2022, (the "Commencement Date ") and, unless sooner terminated, ending on November 30, 2072. The stated term of this Lease, as same may be and is properly renewed and extended in accordance with Section 2.02 below or any amendments properly entered into by and between Lessor and Lessee, shall be referred to as the "Term" of the Lease. 1 2.02. Provided that Lessee shall not then be in default, then Lessee shall have and is hereby granted four (4) separate and distinct options to renew and extend the Term of this Lease, each for an additional ten (10) years upon the same terms and conditions as herein provided. Lessee shall exercise such renewal and extension option by giving Lessor written notice of an intent to renew not less than thirty (30) days prior to the originally scheduled expiration of the Term of the Lease. Failure by the Lessee to timely and properly exercise the renewal and extension option shall constitute a waiver of the option to extend the Term of this Lease. 2.03. During the Term of this Lease, and any extensions, the Improvements shall be owned by Lessee. ARTICLE III RENT 3.01. As base rental (the "Base Rent ") for the Term of this Lease, Lessee agrees to pay Lessor Eight Hundred Sixty Dollars ($860.00) upon execution of this Lease and Eight Hundred Sixty Dollars ($860.00) per year thereafter on the 15th day of each December, commencing December 15, 2023. ARTICLE IV TAXES 4.01. Lessor represents and warrants that the Lessor's property is exempt from ad valorem taxes and, therefore, Lessee shall not be obligated to pay any property taxes. ARTICLE V USE OF LESSOR'S PROPERTY AND COMPLIANCE WITH LAWS 5.01. The Lessor's Property shall be used by Lessee for signage, landscaping, and ancillary purposes to the commercial business purposes. 5.02. Lessee, at its sole cost and expense, shall promptly execute and fulfill any and all applicable orders, directives and requirements and otherwise comply with any and all applicable codes, rules, regulations, ordinances, statutes and laws, (collectively, the "Applicable Laws ") of the municipal, county, state and federal governments, and all agencies, commissions, boards or departments thereof and all other official, public, governmental or quasi - governmental institutions, authorities, subdivisions or instrumentalities having jurisdiction over the Lessor's Property. ARTICLE VI MAINTENANCE REPAIRS AND PAVED AND LANDSCAPED AREAS 6.01. Lessee, at its sole cost and expense, shall maintain, repair, and replace all portions of the Improvements on the Lessor's Property. Lessee, at its sole cost and expense shall at all times keep all portions of the Lessor's Property in good order, condition, and repair and in a clean, sanitary, and safe condition and in accordance with any and all Applicable Laws. Lessee shall not cause waste, damage, or not cause injury to the Lessor's Property. Lessee will surrender and deliver up the Lessor's Property upon the expiration of the Term of this Lease, or its earlier termination, in the same condition which existed after the completion of the Improvements. In the event the Lessor needs to terminate this Lease as to all or a portion of the Lessor's Property during the Term of this Lease for purposes of widening the existing right -of- way or utility relocation on the Lessor's Property, Lessor may do so upon sixty (60) days prior written notice and without penalty or cost except for reimbursement to the Lessee by Lessor for improvements made to the property by Lessee. This amount of reimbursement shall decrease annually as follows: The Lessor shall reimburse the Lessee for the cost of the Improvements (a) 100 % in Year 1; (b) 80% in Year 2; (c) 60% in Year 3; (d) 40% in Year 4; and 20% in Year 5. Notwithstanding anything herein to the contrary, except as provided above, the Lessor shall not be responsible for making any repairs to the property in the event utility construction, maintenance or relocation is required on the Lessor's Property. ARTICLE VII SIGNS 7.01. Lessee, at its sole cost and expense, shall have the exclusive right to erect or attach to the Lessor's Property such signs as it may deem proper and necessary, provided that each such sign complies with all applicable laws. ARTICLE VIII CASUALTY 8.01. In the event the Lessor's Property, or any part thereof excluding Improvements, shall sustain damage for which insurance proceeds are recovered, Lessee shall give prompt written notice thereof to Lessor, and Lessee shall receive all proceeds from any Casualty Insurance to which it may be entitled. ARTICLE IX LESSOR'S LIABILITY 9.01 Except in the event of a wrongful eviction of Lessee by Lessor, Lessor's liability for breach of any covenant hereof shall be expressly limited to the recovery against the Lessor's interest in the Property. If Lessor sells or transfers all or part of the Property, such transfer shall be subject to all the terms and conditions of this Lease including (without limitation) Lessee's Right of First Refusal. Lessor shall not be liable for any injuries or damages occurring on the Property during the term of this lease, and Lessee hereby agrees to indemnify Lessor for any such damages which Lessor may be required to pay arising out of accidents, injuries or occurrences on the Property during the lease term. ARTICLE X FORCE MAJEURE 10.01. Whenever a period of time is herein prescribed for the taking of any action by either party, such party shall not be liable or responsible for, and there shall be excluded from the 3 computation of such period, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental law, regulations or restrictions or any other cause whatsoever beyond the control of the obligated party, not to exceed thirty (30) days. ARTICLE XI RECORDATION 11.01. Lessee may record this lease if so desired at its own expense. ARTICLE XII QUIET ENJOYMENT 12.01. So long as Lessee shall timely and properly pay the Base Rent, and otherwise perform and satisfy all other obligations, duties and responsibilities required, Lessee shall freely, peacefully and quietly enjoy and occupy the Lessor's Property for the Term of the Lease, subject only to the Permitted Exceptions and the terms and conditions of this lease. ARTICLE XIII MISCELLANEOUS 13.01. No amendment, modification, or alteration of the terms of this Lease shall be binding unless it is in writing, dated contemporaneous with or subsequent to the date of this Lease, and duly executed by the parties to this Lease. 13.02. Any notice, demand, request or other communication required, given or made under or in connection with this Lease shall be deemed delivered, upon receipt, if hand delivered, or whether actually received or not, when deposited in a regularly receptacle for the mail, sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to Lessor: City of Owasso Attn: City Manager PO Box 180 Owasso, OK 74055 If to Lessee: 815 W KENOSHA LLC Attn: Michael Brown 3510 S 79th E. Ave. Tulsa, OK 74145 13.03. This Lease shall be construed under and in accordance with the laws of the State of Oklahoma and is performable in Tulsa County, Oklahoma. 13.04. This Lease shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns, whether voluntarily or by operation of law. 13.05. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 13.06. If any action at law or in equity is brought by the Lessee, Lessor shall not be responsible for the payment of Lessee's attorney's fees. 13.07. The parties hereby declare that it is impossible to measure in money the damages which will accrue to a party hereto. Therefore, specific performance may be sought and obtained for any breach of this Lease. 13.08. This Lease and all other copies of this Lease, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one Lease. This Lease may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13.09. This Lease contains the entire agreement between the parties with respect to the subject matter, and Lessor and Lessee acknowledge that they are not relying on any representation or promise of the other, or of any agency or cooperating agent, except as may be expressly set forth in this Lease. 13.10. Whenever herein the singular number is used, the same shall include the plural, and vice versa, and words of any gender shall include each other gender. 13.11. Lessor hereby grants to Lessee a right of first refusal and option to purchase the Lessor's Property. This right is fully subject to all statutory requirements requiring Lessor to obtain bids prior to sale of the property. Provided that Lessee is not then in default hereunder, upon receipt by Lessor of an acceptable, bona fide written offer from a third party to purchase the Lessor's Property, as evidenced by a written contract, Lessor shall provide written notice of the contract to Lessee. Within thirty (30) business days following Lessee's receipt of the Notice, Lessee may elect to exercise its right of first refusal and option to purchase the Lessor's Property upon the same terms and conditions set forth in the third party contract by delivering written notice thereof to Lessor, accompanied by a written contract containing the identical terms and conditions as the third party contract. s EXECUTED by Lessor on this 15'h November LESSOR: CITY OF OWASSO an Oklahoma Municipal Corporation by: Kelly Lewis, Mayor ATTEST: Juliann Stevens, City Clerk APPROVED AS TO FORM AND CONTENT: Julie Trout Lombardi, City Attorney EXECUTED by Lessee on this ! day of November, 2022. LESSEE: 815 W KENOSHA LLC by: Michael Brown EXHIBIT "A" LEGAL DESCRIPTION BEGINNING at the Southeast corner of Lot 1, Block 1, Ator Heights Third Addition (Plat #3309), an Addition to Tulsa County in Section 19, Township 21 North, Range 14 East, THENCE N88°45'57 "E for forty three (43) feet to a point. THENCE N01°15'19 "W parallel to the East line of said Lot 1, Block 1, Ator Heights Third Addition, for one hundred and thirty three and thirty hundredths (133.30) feet to a point. THENCE S88°55'24 "W for forty three (43) feet to a point, being the Northeast corner of said Lot 1, Block 1, Ator Heights Third Addition. THENCE S01°15'19 "E along the East lot line of said Lot 1, Block 1, Ator Heights Third Addition for one hundred and thirty three and thirty seven hundredths (133.37) feet to the POINT OF BEGINNING. TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP Planning Manager SUBJECT: Partial Plat Vacation - BaileyCreek DATE: November 10, 2022 BACKGROUND: The Community Development Department received an application for a partial plat vacation of the final plat of Bailey Creek (Plat #6885). The subject property is located at the northeastern corner of the intersection of East 96th Street North and North 97th East Avenue. The purpose of the partial plat vacation is to allow for the clean transfer of the subject property to two adjacent property owners. SUBJECT PROPERTY /PROJECT DATA: Property Size 0.054 acres Current Zoning Office O -Proposed Use Residential Backyard Lots /Blocks Portion of 1 Lot, 1 Block Number of Reserve Areas N/A Within PUD? Yes; PUD 01 -02 Within Overlay District? No Water Provider City of Owasso FAPPucabie Pa backs N/A ANALYSIS: • The final plat of the subject property was approved by the Owasso City Council in August of 2019. o Construction on the multi - family development situated within the platted area (Twill at Bailey Creek) began in January of 2022. • The subject property has historically been used as backyard space by two adjacent property owners, as their fence lines encroach into the subject property by approximately twenty feet (20'). o This encroachment was not discovered until the owners of the subject property commenced construction on their multi- family development. • Pending approval of this partial plat vacation request, the applicant intends to deed the subject property over to the two neighboring property owners, so that they may marry it to their lots and continue to use it for additional backyard space. o This vacation process ensures a clean title for the subject property, to ensure the property can be transferred smoothly. • Oklahoma State Statute allows for partial plat vacations, if the owner of the property consents to the partial vacation. o There is only one owner involved in this vacation request; they have approved and signed the application, allowing the vacation process to move forward. Partial Plat Vacation- Bailey Creek Page 2 State Statute further cites that "the vacation shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the public ways, commons, and public grounds laid out as described in the plat ". State Statute also requires that the vacation of the plat or portion thereof in which the property is situated be approved by the local municipal body in which the plat is located. o As such, this partial plat vacation request is being brought forth for consideration by the Owasso City Council. • Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North Residential Single Family RS -3 Residential Residential City of Owasso South Residential Single Family RS -3 Residential Residential City of Owasso East Residential Single Family RS -3 Residential Residential City of Owasso West Office O Residential Transitional Citv of Owasso PLANNING COMMISSION: The Owasso Planning Commission voted 5 -0 to recommend approval of the partial plat vacation of Bailey Creek at their regular meeting on November 7, 2022. RECOMMENDATION: Staff recommends approval of the partial plat vacation of Bailey Creek. ATTACHMENTS: Aerial Map Bailey Creek Filed Plat Showing Affected Area Aerial Map Partial Plat Vacation- Bailey Creek Final Plat OPUD 01-02/SONE CS/O Bailey Creek TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP Current Zoning Planning Manager SUBJECT: Final Plat - Lot 1, Block 1 Morrow Commercial DATE: November 10, 2022 BACKGROUND: The Community Development Department received an application for review and approval of a Final Plat for Lot 1, Block 1 Morrow Commercial, a proposed commercial subdivision. The subject property is located north of the northeastern corner of the intersection of North 116th Street North and North 129th East Avenue. This Final Plat depicts one (1) of the five (5) lots shown on the Morrow Commercial Preliminary Plat. The property is approximately 1.008 acres in size and is zoned Commercial Shopping (CS) under OPUD 05 -02A. SUBJECT PROPERTY /PROJECT DATA: Property Size 1.008 acres +/- Land Use Master Plan Commercial Current Zoning CS Proposed Use Commercial Proposed Lots /Blocks 1 Lot, 1 Block (Portion of larger Morrow Commercial Preliminary Plat) Within a PUD? Yes; OPUD 05 -02A Within an Overlay District? Yes; US -169 Overlay District Water Provider Washington County Rural Water District #3 Streets N/A Applicable Paybacks /Fees (assessed at final platting) Storm Siren Fee ($50.00 per acre) Ranch Creek Sewer Assessment Area ($610.33 per acre) Garrett -Morrow Sanitary Sewer Assessment Area ($3,146 per acre) ANALYSIS: The proposed Final Plat for Lot 1, Block 1 Morrow Commercial consists of one (1) Lot on one (1) Block on approximately 1.008 acres. o The proposed lot as depicted on this Plat meets the bulk and area requirements stipulated in the Owasso Zoning Code for CS -zoned property and the OPUD 05- 02A document. • There will be one (1) point of access for this subdivision, situated off of North 1291h East Avenue. o The plat also depicts one (1) Mutual Access Easement (MAE), which lies along the northern property boundary of the depicted lot. Final Plat- Lot 1, Block I Morrow Commercial Page 2 • Detention is provided for offsite. As such, there are no reserve areas depicted on the Final Plat. • Perimeter and interior utility easements are shown on the Final Plat, allowing utility companies adequate access to service the subdivision. • The City of Owasso will provide police, fire, ambulance, and sanitary sewer services to the property. Washington County Rural Water District #3 will provide water services. • Any development that occurs on the subject property shall adhere to all development, zoning, and engineering requirements of the City of Owasso. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Shopping (CS) Vacant Commercial City of Owasso South Commercial Shopping (CS) Financial Commercial City of Owasso Institution East Commercial Shopping (CS) Vacant Commercial City of Owasso West Agricultural Residential (AG -R) Rural Residential Residential Tulsa County PLANNING COMMISSION: The Owasso Planning Commission voted 5 -0 to recommend approval of the final plat for Lot 1, Block 1 Morrow Commercial at their regular meeting on November 7, 2022. RECOMMENDATION: Staff recommends approval of the final plat for Lot 1, Block 1 Morrow Commercial. ATTACHMENTS: Aerial Map Final Plat - Lot 1, Block 1 Morrow Commercial Aerial Map Final Plat- Lot 1, Block 1 Morrow Commercial Property E 116th St N FINAL PLAT LOT 1 BLOCK 1 OF MORROW COMMERCIAL CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 11105/22 Department Payroll Expenses Total Expenses 105 Municipal Court 6,408.79 9,932.24 110 Managerial 26,702.86 36,233.63 120 Finance 18,532.20 29,231.83 130 Human Resources 11,212.27 16,310.54 160 Community Development 17,046.35 26,204.19 170 Engineering 21,497.62 32,860.99 175 Information Systems 19,046.94 26,945.91 181 Support Services 10,454.22 15,698.39 190 Cemetery 1,316.00 2,843.21 201 Police Grant Overtime 222.04 224.95 215 Central Dispatch 2,694.56 3,988.31 221 Animal Control 4,522.70 6,693.65 280 Emergency Preparedness 2,627.02 3,627.78 370 Stormwater /ROW Maint. 8,698.69 14,276.61 515 Park Maintenance 10,969.44 17,065.11 520 Culture /Recreation 8,426.60 13,852.04 550 Community- Senior Center 7,308.33 9,739.57 580 Historical Museum 832.40 929.37 720 Strong Neighborhood 417.38 510.62 General Fund Total 178 936.41 267,168.94 185 Garage Fund Total 10 744.96 17,737.36 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 24,711.23 38,131.96 250 Fire Fund 37 Total 209,717.68 319,460.43 201 Police Fund 38 Total 251,269.81 357,110.99 300 Streets Fund 39 Total 19,602.47 33,617.91 370 Stormwater Fund 27 Total 12,458.79 17,400.76 150 Worker's Compensation Total 720 Strong Neighborhoods Total 4,478.99 6,368.71 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 11109 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION MEDICAL SERVICES ADMIN FEES ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 88,784.46 67,040.95 32,730.88 1,676.05 4,288.98 93,544.90 288,066.22 5,803.90 3,915.40 9,026.30 3,384.31 22,129.91 2,364.98 87.50 82.40 1,425.06 3,959.94 314,156.07 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2022.2023 Budgetary Basis Statement of Revenues & Expenditures As of October 31. 2022 Q: \Finance (120)\Accounling \Reports \Current FY\GF Financials MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 3,743,336 $ 15,146,026 $ 43,597,432 34.74% Licenses & permits 12,827 112,792 361,252 31.22% Intergovernmental 184,696 487,665 1,446,981 33.70% Charges for services 62,768 271,582 781,157 34.77% Fines & forfeits 28,752 133,732 181,100 73.84% Other 13,118 91,540 163,573 55.96% Interest 16,293 56,120 77,446 72.46% TOTAL REVENUES $ 4,061,790 $ 16,299,456 $ 46,608,941 34.97% EXPENDITURES: Personal services $ (1,802,607) $ (8,023,489) $ (25,393,008) 31.60% Materials & supplies (233,695) (569,750) (1,994,868) 28.56% Other services (471,100) (1,137,671) (3,974,819) 28.62% Capital outlay (193,909) (669,832) (6,586,838) 10.17% Deferred Budget - COVID Grant 0.00% TOTAL EXPENDITURES $ (2,701,311) $ (10,400,742) $ (37,949,533) 27.41% REVENUES OVER EXPENDITURES $ 1,360,480 $ 5,898,714 $ 8,659,408 TRANSFERS IN (OUT): Transfers in $ 1,933,881 $ 7,828,957 $ 22,522,339 34.76% Transfers out (3,062,285) (12.381,949) (37,771,944) 32.78% TOTAL TRANSFERS $ (1,128,404) $ (4,552,992) $ (15,249,605) 29.86% NET INCOME (LOSS) $ 232,076 $ 1,345,722 $ (6,590,197) ENCUMBRANCES OUTSTANDING $ (2,503,608) FUND BALANCE (Budgetary Basis) Beginning Balance 20,365,421 20,365,421 Ending Balance $ 19,207,536 $ 13,775,224 Q: \Finance (120)\Accounling \Reports \Current FY\GF Financials