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HomeMy WebLinkAbout2024.09.10_Worksession AgendaThis meeting is a worksession for Council/Trustee discussion only. There Is no opportunity for Dublic comments at worksession. PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL OWASSO PUBLIC WORKS AUTHORITY (OPWA) OWASSO PUBLIC GOLF AUTHORITY (OPGA) Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, September 10, 2024 - 6:00 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA RECEIVED 1. Call to Order SEP 0 6 2024 k5 Mayor/Chair Alvin Fruga City Clerk's Office 2. Roll Call 3. Discussion relating to proposed amendments to Part 4, Animals, of the Owasso Code of Ordinances Julie Lombardi/Dr. Bryan Spriggs 4. Consideration and appropriate action relating to an executive session, as provided for in Title 25, O.S. § 307(B)(4), to discuss confidential communication between the City Council and its Attorneys concerning litigation styled, Jeff McBride v. City of Owasso, a tort claim Julie Lombardi/Ken Underwood 5. Consideration and appropriate action relating to a settlement agreement and payment in the litigation styled, Jeff McBride v. City of Owasso, a tort claim Ken Underwood 6. Discussion relating to Community Development Items Alexa Beemer/Wendy Kramer A. Request for a Specific Use Permit (SUP) for a proposed car wash facility on approximately 1.46 acres located at 11328 East 106th Street North, as referenced in application SUP 24-02 B. Request for annexation (OA 24-03) of approximately 2.56 acres located at 9727 East 1 16th Street North and rezoning (OZ 24-03) from Agriculture Residential Single Family, Rural Development (AG-R) to Commercial Shopping (CS) 7. Discussion relating to Public Works Department Items Roger Stevens A. Per acre assessment fee for the Coffee Creek Lift Station and Force Main designated sewer improvement area B. Bids received for the construction of the new Public Works facility and the use of construction management at -risk services 8. Discussion relating to a change in the process for payments related to Healthcare Self -Insurance claims and Stop Loss Reimbursements received Michele Dempster 9. Discussion relating to the monthly sales and use tax report and revenue outlook Carly Novozinsky 10. Discussion relating to a citizen appointment to fill a vacancy on the Planning Commission Mayor/Chair Alvin Fruga 11. City/Authority Manager report Owasso City Council, OPWA & OPGA September 10.2024 Page 2 12. City Councilor/Trustee comments and inquiries 13. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December S, 2023, and the Agenda posted at City Hall, 200 South Main Street, at 12:00 pm on Friday, September 6, 2024. M. Stevens, W Clerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk prior to the scheduled meeting by phone 918-376-1502 or by email to istevens@citvofowasso.com ORDINANCE NO. AN ORDINANCE RELATING TO PART 4, ANIMALS, OF THE CODE OF ORDINANCES, CITY OF OWASSO, ADDING IN PART, AMENDING IN PART, AND REPEALING IN PART, VARIOUS SECTIONS; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: ARTICLE A — GENERAL PROVISIONS SECTION ONE (1): Section 4-101 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-101 The following words and phrases when used in this Part 4 shall have the meanings prescribed in this section except in those cases where the context clearly indicates a different meaning: Adequate Shelter means a structure or area of structural soundness with three (3) sides, a waterproof roof, solid floor, adequate bedding material, positioned to allow for protection from north and west winds, proper ventilation, and which is suitable for the species, age, condition, size, and type of animal which is safe and protects each animal from injury, precipitation, direct sunlight, adverse effects of extreme heat or cold, enables the animal to be clean and dry, and is 6" longer than the animal, nose to tail, and 6" taller than the head of the animal while standing, allowing for retention of the animal's body heat. Wildlife, livestock, and other non -domesticated animals normally residing outdoors shall only be required to have appropriate shelter from extreme weather through natural or artificial means available to it to protect the animal. (Dr. Spriggs wants to carefully consider length and size of animal) Altered Animal means an animal that has been spayed or neutered. Neutered means a process performed by a veterinarian or other person authorized by law which removes the reproductive organs of any male animal. Spayed means a process performed by a veterinarian or other person authorized by law, which removes the reproductive organs of any female animal. Animal Control Officer means the person or persons employed by the City in the Police Department under the control and supervision of the Chief of Police as the officer or officers in charge with the duty of enforcing the provisions of this Part 4 and others relating to the control of animals, to include commissioned police officers. Animal Shelter means any premises officially designated and operated by the City, including the actual premises where animals are regularly kept, or places where the Chief of Police may designate for the purpose of keeping or impounding stray, neglected, abused or seized animals and provide adequate care. The Animal Shelter may also include facilities to provide for animal adoptions, education, citizen involvement, and spaying or neutering of animals. Animal Welfare Group means a 501(c)(3) non-profit organization which is registered and approved by the Police Chief of the City of Owasso of a designee and has a purpose to provide for the welfare and/or protection of animals. The registration may be revoked if any member has a record of cruelty to animals, is under eighteen (18) years of age, owns animals which are in violation of any requirements of this Part 4, refuses to comply with the adoption requirements of the City, has released two or more animals to the custody of the City, lacks adequate housing and/or fencing to contain the animals, or has a conviction in Municipal Court for violation of this Part 4. At Heel means an animal within a radius of ten (10) feet of the owner and obedient to the owner's commends. At Large means an animal that is (1) off the premises of its owner and not securely and physically restrained by means of a harness, leash, or other device designed to restrain such animal; or (2) not confined on the premises of the owner or at heel on those premises. Commercial Kennel means any business or establishment, whether operated separately or in connection with another business or establishment that keeps, boards, sells, shows, and/or trains dogs and/or cats for profit, except for an Animal Hospital. Confined on the Premises means the condition in which an animal is secured and physically kept, restrained, restricted or contained on and within the premises of the owner by means of walls, fences, leashes or other devices designed to contain the animal at all times. Dangerous Animal means an animal whose behavior, temperament, size, or any combination thereof, when considered under the totality of the circumstances, including the nature of the surrounding area, constitutes a reasonable risk of injuring a human or animal or damaging personal or real property. That behavior includes, but is not limited to, an animal biting, or attacking, or attempting to attack a human or another animal. However, this definition shall not apply to any animal that has been subject to provocation or if the victim has been trespassing as set forth in the Code of Ordinances. Feral Cat means a cat that was either born in the wild or has reverted to a wild state due to abandonment or lack of domestication and has no owner. Any feral cat which has been captured and neutered or spayed and returned to the wild shall continue to be classified as a feral animal. Foster Home means any premises owned by an individual who works under the direction of an approved Animal Welfare Group registered with the City who will take in stray or unowned dogs and/or cats, or other animals, for the purpose of providing temporary care up to six (6) twelve (12) months for each animal. A temporary care extension may be requested and granted for up to an additional three (3) months for an animal if there is proof of a documented medical condition that requires the extended temporary housing or indefinitely for an elderly dog or cat if recommended by a veterinarian. 2 Livestock means cattle, sheep, horses, goats, donkeys, mules, and other domestic animals ordinarily raised or used on a farm. Nuisance Animal means an animal that (1) Damages the property of anyone other than its owner; (2) Habitually prowls around, on, or over any premises not the property of its owner to the frequent annoyance of the owner or occupant of those premises: (3) Habitually overturns any garbage can or other container; (4) Chases or kills any domesticated animal or domesticated bird; (5) Annoys or disturbs any person by loud and frequent barking, howling, yelping, or causes noise in an excessive, continuous or untimely fashion/manner so as to interfere with the reasonable use and enjoyment of neighboring private premises; (6) Habitually or repeatedly chases, snaps at, or barks at pedestrians, joggers, bicycles, or vehicles; (7) Disturbs the rights of, threatens the safety of, or injures a member of the general public. (Does this include cats? They habitually prowl) Owner means any person, firm, or corporation owning or keeping an animal, the occupant of any premises on which an animal remains and provides food or water regularly for the animal or regular or ongoing non -emergency medical care for a period of seven (7) days or more, or is identified by a city pet license or microchip registration. (If the owner is in long-term hospitalization, is that enough? How do we best protect?) Rescue Organization means any facility operated by a 501(c)(3) non-profit Animal Welfare Group where dogs and/or cats, or other animals are kept and are provided temporary housing for an animal for up to one (1) year and up to an additional six (6) months if there is documented proof of a condition that requires the extended temporary housing and care for the purpose of placing them into a permanent home. (Is this long enough?) Service Animal means a dog or miniature horse that has been individually trained to do work or perform tasks for the benefit of an individual with a disability, including an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The Americans with Disabilities Act (ADA) rules provide that other animals, whether wild or domestic, do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are purely for emotional support, are not service animals. Unprovoked means an act of aggression towards an animal or human that occurs without apparent cause, reason, prompting or motivation. SECTION TWO (2): Section 4-102 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-102 ANIMALS NOT TO BE AT LARGE A. It shall be unlawful for any person to knowingly or unknowingly permit their dog to be at large anywhere within the City limits. Any dog so found may be impounded and/or the owner cited by the City. B. It shall be unlawful for any person to knowingly or unknowingly permit their cat to be at large unless the cat is altered and current on its vaccinations as required by this Part 4. C. It shall be unlawful for any person to knowingly or unknowingly permit their fowl or other animal to be at large anywhere within the City limits. SECTION THREE (3): Section 4-103 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-103 TURNING ANIMALS AT LARGE UNLAWFUL It shall be unlawful for any person to open any enclosure in which any animal is confined as required by ordinance so as to turn the animal at large, or in any manner to turn the animal at large. SECTION FOUR (4): Section 4-104 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-104 SWINE NOT TO BE KEPT IN THE CITY It is unlawful for any person to keep swine, ahog, pig or boar within the City except in an enclosure awaiting immediate transportation. SECTION FIVE (5): Section 4-105 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-105 LIVESTOCK WHICH MAY BE KEPT A. It is unlawful to keep or maintain livestock in the Owasso city limits except as provided in this section. B. Any livestock shall be kept, maintained, or stabled in a fenced enclosure which shall be no less than one and half (1.5) acre in size. Livestock maintained and utilized for an educational purpose administered by an educational facility or institution that is accredited by the State of Oklahoma shall not be subject to the restrictions below establishing the number of livestock that may be maintained based upon the size of the fenced enclosure. C. One livestock animal may be maintained for each 1.5 acres within the fenced enclosure D. The owner or person in charge of livestock maintained in a fenced enclosure shall provide fences or barriers of such height and sufficient strength as may be necessary to prevent escape. All enclosed structures used for housing livestock shall be set back a minimum of fifty (50) feet from adjoining residentially or agriculturally zoned property. This provision shall not apply if a dwelling unit is constructed to encroach upon an existing livestock use, except that such livestock use may no longer expand toward the newly established dwelling. This provision is not applicable 0 when livestock are maintained and utilized for an educational purpose administered by an educational facility or institution that is accredited by the State of Oklahoma. (Does this presume AG abutting properties zoned AG?) E. The owner or person in charge of premises where livestock is maintained shall maintain such premises in a sanitary condition not offensive or dangerous to the public, and must clean or cause to be cleaned the premises each day and remove and dispose of all trash, refuse, rubbish and animal excrement each day an animal is kept penned or contained in or upon such premises. SECTION SIX (6): Section 4-106 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-106 KEEPING OF CHICKENS Chickens, which includes laying hens, may be kept in all residential areas so long as all of the following conditions are met: a. Chickens shall be maintained on land upon which the owner or occupant resides. b. No more than six (6) chickens or laying hens and ten (10) chicks are allowed per parcel. C. Roosters are not allowed. d. Chickens shall be kept within a designated chicken coop and chicken run unless supervised and contained within a fenced yard. e. The chicken coop and chicken run shall be located in the rear or backyard of a residential property. No part of a chicken coop or chicken run shall be located in the front yard. f. The chicken coop and chicken run shall be attached and shall be set back no less than ten feet (10') from the side property line and no less than ten feet (10') from the rear property line. The chicken coop and chicken run shall be set back no less than twenty-five feet (25') from any dwelling unit other than the owner's. Moveable chicken enclosures are permitted so long as they meet the setbacks indicated in this section. g. During daylight hours, chickens shall have access to a chicken run and a chicken coop. h. From dusk until dawn, chickens shall be kept within the chicken coop as protection from predators. i. Chicken coops and chicken runs shall be predatory resistant. j. The outside opening of any enclosures shall be screened to prevent the spread of disease by flies and vermin. k. Water shall be provided onsite and accessible to chickens at all times. 1. Chicken enclosures shall be cleaned regularly to prevent an accumulation of food, fecal matter, or nesting material from creating a nuisance or condition due to odor, vermin, debris, or decay. M. Outdoor slaughter of chickens is prohibited. n. Electrical and heat sources for chicken structures shall comply with the City's building codes. SECTION SEVEN (7): Section 4-107 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-107 NUMBER OF DOGS AND CATS ALLOWED It is unlawful for any person to harbor or keep more than three (3) dogs and three (3) cats. This limitation shall not be applicable to any litter of puppies or kittens for a period of ninety (90) days from birth if the puppies or kittens are born to any adult dog or cat permanently maintained on such premises. (Should or could this be based on total weight of animals, not number of animals? Should an additional number of smaller dogs be allowed? e.g. maximum combined total weight not to exceed X lbs? SECTION EIGHT (8): Section 4-108 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-108 ADEQUATE SHELTER AND TETHERING A. It shall be unlawful for the owner or person in charge of any dog or cat to fail to provide adequate shelter as the term is defined herein. B. It shall be unlawful for the owner of any dog to keep or maintain the animal on a tie -out, tether, picket, or similar device consisting of a rope, cable, or other type of tether without access to water and shelter. It shall be unlawful for the owner of any dog to keep or maintain the animal on a tie -out, tether, picket, or similar device in such a way as to subject the animal to entanglement that could cause the animal any injury or clear discomfort. SECTION NINE (9): Section 4-109 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-109 SANITATION AND ANIMAL EXCREMENT A. All owners or persons having charge or control of any premises where the keeping of dogs or cats are permitted shall pick up and remove from the area within or upon which such dogs and cats are kept or maintained animal excrement and shall thereupon place or cause same to be placed in an enclosed, fly -proof container. The owner shall further prevent any offensive, disagreeable or noxious smell, stench or odor to arise from such area within or upon which any dog or cats may be kept or maintained. Upon failure to comply with the provisions of this section, the keeping of dogs or cats and the area within which they are confined or restrained shall constitute a nuisance. B. It shall be unlawful for any person to allow an animal within their control to defecate on public or private property, other than that of the owner, unless such person shall immediately remove the excrement deposited by the animal in a sanitary method. (This is private property, should you be able to leave feces in your own yard?) SECTION TEN (10): Section 4-110 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-110 REGISTRATION OF RESCUE ORGANIZATIONS. ANIMAL WELFARE GROUPS, AND FOSTER HOMES All rescue organizations, welfare groups, and foster homes shall apply for and receive a permit from the City prior to beginning operations. Applications shall be submitted in writing to the Owasso Animal Shelter. The Police Chief or his/her designee shall notify the applicant in writing of their acceptance or denial for a permit within thirty (30) days of the application. The total number of animals allowed by a rescue permit holder or foster home shall be no more than a maximum of four (4) dogs or six (6) cats. The total number of dogs and cats may not be combined. The Chief of Police or a designee may revoke the permit of a rescue organization, welfare group, or foster home for any reason and at any time to ensure proper care for the animals housed or to ensure the health and safety of Owasso citizens. (weight number restrictions should be the same as non -foster) SECTION ELEVEN (11): Section 4-111 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-111 RESERVED SECTION TWELVE (12): Section 4-112 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-112 FEES AND CHARGES A. The City Council by motion or resolution shall determine the fees to be charged for the care, disposition, and impoundment of animals. Fees may include, but not be limited to impoundment, room and board, sterilization, special equipment or services, veterinary care, quarantine and impoundment of animals that injure humans or are suspected to have rabies, relinquishment, dead animal disposal, licensing, and others as deemed appropriate. B. Any person redeeming an impounded animal shall pay the required fees to the Animal Control Officer. (Can we hyper -link this section to the Fees that are online?) SECTION THIRTEEN (13): Section 4-113 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-113 ANIMAL CONTROL OFFICERS AUTHORIZED TO INSPECT The Animal Control Officers are specifically authorized, upon complaint of any person or their own initiative, shall inspect any structure or place where an animal is kept and may issue any such reasonable order as he may deem necessary to the owner of the animal to cause the animal to be kept as provided in this Part 4 or in a manner so as not to constitute a nuisance. SECTION FOURTEEN (14); Section 4-114 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-114 BREEDING PLACES It is unlawful for any person, firm or corporation, to establish, keep, or maintain within the corporate limits of the city any places, houses, yard, or pen, for the breeding of animals of any kind. SECTION FIFTEEN (15): Section 4-115 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-115 SECTION SIXTEEN (16): Section 4-116 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-116 DOMESTIC HONEYBEES Domestic honeybees may be kept under the following circumstances: a. No more than two (2) hives shall be maintained for each '/a 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 height, to be located within twenty (20) feet of such lot line, and to extend the entire length of such lot line: d. A supply of clean water must be furnished within twenty (20) feet of each hive at all times between March 1 and October 31 of each year; e. Hive owner shall inspect each hive not less than four (4) times between March 1 and October 31 of each year. A written record, including the date of each such inspection, shall be maintained by the owner and shall be made available to the Chief of Police of the City of Owasso, Oklahoma, upon request; f. The hive owner shall provide written notification to the City Clerk of the City of Owasso, Oklahoma as to the existence of the hive, as well as certify as to notifications of adjoining property owners of the existence of the hive. Hive owner shall place written notification on the property in a conspicuous place so as to inform the public of the existence of the bee hive. (Have we consulted a Bee Expert, as industry standards are constantly changing?) SECTION SEVENTEEN (17): Section 4-117 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-117 REPTILES A. All reptiles held as pets shall be contained within secure habitats capable of preventing escape. 0 B. It shall be unlawful for any person to knowingly and intentionally harbor, possess, or keep large reptiles, such as snakes, or lizards that are capable of exceeding forty (40) pounds at an adult age on any lot, or any venomous reptile on any premises or in any structure. (Is 401bs. reasonable?) C. Any species of reptile not indigenous to the State of Oklahoma shall not be released or abandoned by their owners and/or handlers in the City of Owasso. SECTION EIGHTEEN (18): Section 4-118 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-118 PROHIBITION ON KEEPING WILD AND EXOTIC ANIMALS 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, any venomous 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. The provisions of this Section shall not apply to veterinarians harboring such animals for purposes or providing professional medical treatment; provided that, all animals kept pursuant to this exception shall be confined in quarters so constructed and maintained as to prevent escape. SECTION NINETEEN (19): Section 4-119 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-119 RESERVED SECTION TWENTY (20): Section 4-120 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-120 RABIES VACCINATIONS REQUIRED No person shall own, harbor or keep in the city any dog, cat, or ferret over the age of four (4) months which has not been vaccinated unless specifically recommended in writing by a licensed veterinarian. The rabies vaccination shall be administered by a licensed veterinarian. All persons who own, harbor or keep a dog, of cat, or ferret in the city shall have documentation of the rabies vaccination readily available and shall promptly provide such documentation to Animal Control Officers or other city officials upon request. SECTION TWENTY-ONE (21): Section 4-121 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-121 REGISTRATION OF IN -TACT DOGS AND CATS The owner of every in -tact dog or cat shall annually register the in -tact dog or cat by giving the animal control officer the name and address of the owner, the name, breed, color and sex of the animal, as well as the date of vaccination and by whom vaccinated, and such other reasonable information as the animal control officer may request. Each permit issued shall be effective for a period of one or three years, at the option of the owner. It shall be issued upon payment of all required fees and verification of rabies vaccination sufficient to immunize for the entire permit period. Voluntarily licensing stations operated by a 501(c)(3) nonprofits or veterinarians may retain $4.00 of the pet licensing fees with the remainder of such fee amounts to be remitted to the SECTION TWENTY-TWO (22): Section 4-122 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-122 PROHIBITION OF DOGS AND CATS IN CERTAIN AREAS Regulations pertaining to the prohibition and exceptions of live animals on the premises of a food establishment as set forth in the Oklahoma Administrative Code shall be enforceable as if set out in full. SECTION TWENTY-THREE (23): Section 4-123 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-123 REPEALED SECTION TWENTY-FOUR (24): Section 4-124 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-124 REPEALED SECTION TWENTY-FIVE (25); Section 4-125 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-125 REPEALED SECTION TWENTY-SIX (26): Section 4-130 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-130 ANIMAL SHELTER ESTABLISHED An animal shelter is hereby established under the jurisdiction of the police department. It shall be under the immediate control of the animal control officers or of such other person as may be officially designated. The person in charge of the shelter shall provide proper sustenance for all animals impounded and shall treat them in a humane manner SECTION TWENTY-SEVEN (27): Section 4-131 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: 10 SECTION 4-131 AUTHORITY OF ANIMAL CONTROL OFFICERS A. Animal Control Officers: 1. May seize and impound any animal found at large in violation of any provision of ordinances of the city; 2. May enter upon the property, yard, enclosure, garage or shed, of the owner or other private premises to take such animal into custody, whether in the immediate presence of the owner or custodian or otherwise as provided; 3. May seize and impound any abandoned animal, any animal required to be licensed by this Part 4, any dangerous dog, any animal which is a nuisance and any animal suspected to be afflicted with rabies. B. Animal Control Officers are empowered and authorized to enforce all aspects of this Part 4. Further, they are authorized and empowered to issue citations to any person in violation of the Part 4. SECTION TWENTY-EIGHT (28): Section 4-132 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-132 ANIMALS TO BE IMPOUNDED A. Animals which are taken into custody as provided in this section, shall be subject to humane disposition by adoption, donation, euthanasia, transfer to an animal welfare group, an animal rescue group, or other animal welfare facility, or other reasonable disposition by an Animal Control Officer after three (3) days have elapsed after taking the animal into custody, not to include Sundays and city holidays, provided the animal is not redeemed or claimed as provided in this Article. A description of the animal, the location and date the animal was taken into custody, the deadline for the animal to be claimed, and date of availability for adoption shall be available in the Owasso Animal Shelter for viewing by all interested person. Impoundment kittens and puppies which enter the shelter in groups of three (3) or more and are under four (4) months of age without a known owner or mother may, at the discretion of the shelter staff, be exempted from any required hold times prior to their release. No live animals shall be released or sold to any facility for educational, scientific, and/or medical research. (Three days is not enough time to locate an owner. Can this time be extended if the animal has a chip? In addition, detailed records should be kept as to where the animal is placed.) B. If the owner is identifiable by tag, microchip, city records, or other means, an Animal Control Officer shall notify the owner at the address on the registration, tag, microchip, city records or other means, that the animal is in custody and will be subject to disposition if not timely claimed as provided in this Section. C. Notice may be given to the owner or may be left at the owner's address with any member of the family over fourteen (14) years of age. If no person can be contacted at the address, a certified letter will be sent to the address by the Owasso Animal Shelter. If no response is received 11 from the owner within seven (7) days, not to include Sundays and City holidays, from the date that contact is inade at the owner's address or the certified letter is mailed, the animal shall become the property of the City of Owasso and will be subject to disposition as provided in this Part 4. D. Any feral, sick or injured animal as would ordinarily require the animal's destruction humane euthanization or treatment by a veterinarian, the Police Chief or designee may order its destruetioa humane eutlianization if the ownership of such animal cannot be determined within a reasonable period of time. Provided that, no animal suspected of being rabid or otherwise diseased shall be destroyed until such destruction is recommended by the Police Chief or designee. E. Should it be determined that the owner of an impounded animal is experiencing a situation that prohibits him or her from reclaiming or arranging the release of the animal in a timely and reasonable manner, the Police Chief or designee may seek an order from a judge of competent jurisdiction for the release of the animal into the care and custody of the Animal Shelter or to a responsible party in order that the highest level of long-term care and safety of the animal may be provided for. F. Animals in the custody of the Animal Shelter or partnering organizations as part of a Trap Neuter Return (TNR) program or a return to field program may be returned to their original location in accordance with common program standards. Further, cats trapped from identified feral colonies and placed in the custody of the Animal Shelter who have no identifiable owner may, after necessary holding times, alterations, examinations, and vaccinations be returned to their original location at the direction of the Police Chief or designee. SECTION TWENTY-NINE (29): Section 4-133 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-133 OWNER RELINQUISHMENT OF DOGS AND CATS. The Animal Shelter shall accept any dog or cat from within the City limits that the owner desires to release to the Shelter. The owner shall sign a release form vesting all rights and title to the dog or cat to the Animal Shelter. All dogs or cats relinquished will be screened for placement into the adoption program or for transfer to another animal welfare rescue, animal welfare group, or animal welfare facility. If the dog or cat is not acceptable for placement into the adoption program or determined not to be transferable for any reason, including, but not limited to disease, injury, or illness, available space in the Shelter, and temperament, then the dog or cat may be euthanized. SECTION THIRTY (30): Section 4-134 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-134 REDEMPTION OF ANIMALS An owner of an impounded animal may redeem the animal prior to its disposition as provided for herein by paying the required fees, providing satisfactory proof of ownership, and meeting any other requirements which may be prescribed in this Part 4. An animal confined for rabies 12 observation or other infectious disease may not be reclaimed until the animal control officer authorizes the release or until the observation period is over. SECTION THIRTY-ONE (31): Section 4-135 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-135 ABANDONMENT OF CATS AND DOGS: REPORTING OF FOUND ANIMALS. A. No person shall abandon or desert their dog or cat or permit such animal to become a stray. Any dog or cat found at large not wearing any tag indicating proof of current vaccination against rabies, having a microchip, or that the owner is a City resident, shall be presumed abandoned, and will be impounded by the City. B. Any person who takes possession of, keeps or harbors an animal that reasonably appears to be at large or stray shall make notification to the Animal Shelter within twenty-four (24) hours. Such notification shall include a complete and accurate description of the animal, when and where it was located, where it is being housed, and contact information for the reporting person. The person reporting the animal shall additionally ensure that the animal is scanned for a microchip or inspected for identifying markings by an animal shelter, medical provider, or rescue group. SECTION THIRTY-TWO (32): Section 4-136 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-136 REFUSAL OF ADOPTION Adoption or sale may be refused to anyone the Police Chief determines meets one (1) or more of the following: (1) Has a record of cruelty to animals; (2) Is under eighteen (18) years of age; (3) Has committed acts of harassment to animals; (4) Owns other animals which are in violation of any requirement of this Part 4; (5) Refuses to comply with adoption requirements; (6) Has released two (2) or more animals to the Animal Shelter in the preceding twelve (12) months; (7) Lacks adequate housing and/or fencing to contain the animal(s); or (8) Has a conviction in Municipal Court for any violation of this Part 4. SECTION THIRTY-THREE (33): Section 4-137 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-137 REPEALED SECTION THIRTY-FOUR (34): Section 4-138 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-138 UNLAWFUL ENTRY: INTERFERENCE WITH AN OFFICER No unauthorized person shall: 13 a. Break or attempt to break open the shelter or take or let any animal therefrom; b. Take or attempt to take from any officer or employee of the city any animal taken into custody as provided by this chapter; or C. In any manner interfere with or hinder an officer or employee in the discharge of his duties relating to the taking into custody and impounding of animals as provided in this chapter. SECTION THIRTY-FIVE (35): Section 4-140 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-140 CRUELTY TO ANIMALS A. No person shall willfully or maliciously: (1) torture; cruelly beat, injure, maim, mutilate, or unjustly destroy or kill any animal; (2) Deprive any animal in subjugation or captivity of food generally accepted as being nutritious, potable drinking water, or adequate shelter; (3) Unjustly administer any poison or noxious drug or substance to any animal; (4) Unjustly expose any drug or substance with the intent that the same shall be taken by an animal, whether such animal be the property of that owner or another person. B. It shall be unlawful for any person to leave any animal in any standing or parked vehicle, box, container or other situation without providing for adequate ventilation nor shall a person allow an animal to be exposed to extreme temperature while contained in a vehicle, box, container, or other situation which would likely cause distress, harm or death to the animal. C. It shall be unlawful for any person to intentionally torment, harass, throw objects at, verbally or physically confront any animal, whether confined or unconfined, in a manner to cause unjustified agitation or injury to the animal. D. It shall be unlawful for any person to cause an animal to be overloaded or forced to work in a manner unsuitable to its species, breed, condition, or health so as to cause injury to the animal. E. It shall be unlawful for any person to fail to provide or to deprive any animal in their possession, care or control, reasonable medical or necessary veterinary care if the animal is sick, diseased, and/or injured. F. It shall be unlawful to participate in, assist with, sell transport, or otherwise allow any animal to be provided to another person as a promotional item, prize to be given away at any event, festival, carnival, or parade. G. Animal Control Officers or Police Officers are hereby authorized to remove, impound or take possession of any animal which has been treated in violation of this Section. SECTION THIRTY-SIX (36): Section 4-141 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-141 DISEASED ANIMALS 14 It is unlawful for any person knowingly to bring into the city, other than for the purpose of seeking veterinary care located in Owasso, any animal having any contagious disease, or allow such animal to run at large within the city or to sell such animal. SECTION THIRTY-SEVEN (37): Section 4-142 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-142 REPEALED SECTION THIRTY-EIGHT (38): Section 4-143 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-143 REPEALED SECTION THIRTY-NINE (39): Section 4-144 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-144 SELLING OF ANIMALS It shall be unlawful for any person to offer any animal for sale or to trade, exchange, barter or give away or to accept any animal on any property not owned or rented by the seller or buyer or on any public curbside, roadside, alleyway, street, park or parking lot unless specifically permitted by the City. Animal Welfare Groups registered with and approved by the City are exempt from the provisions of this Section when conducting adoption events on property not owned by the group with authorization from the property owner. (Are there exemptions for Farmers Markets?) SECTION FORTY (40): Section 4-145 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-145 REPEALED SECTION FORTY-ONE (41): Section 4-146 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-146 REPEALED SECTION FORTY-TWO (42): Section 4-147 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-147 SPAY/NEUTER REQUIREMENTS A. Every person owning, possessing, controlling, harboring or keeping within the City any male dog or cat over the age of (18) months shall cause the male dog or cat to be spayed or neutered unless a medical exemption has been noted by the veterinarian,. Every person owning, possessing, controlling, harboring or keeping within the City any female dog or cat over the age of six (6) 15 months or of first heat shall cause the female dog or cat to be spayed or neutered, unless a medical exemption has been noted by the veterinarian. Medical Exemptions for spay or neuter shall be based upon the medical needs of the animal and the veterinarian's good faith discretion. Persons excepted from this Section are those who obtain an In -Tact Permit for the dog or cat from the City as provided herein. B. Except as provided in Subsection A, no dog or cat may be released for adoption from the City Animal Shelter unless said animal has been surgically spayed or neutered or a veterinarian designated by the City of Owasso has determined that the animal is at risk of death or other serious medical condition if spay or neuter surgery is performed. SECTION FORTY-THREE (43): Section 4-148 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-148 REPEALED SECTION FORTY-FOUR (44): Section 4-149 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-149 USE OF TRAPS It shall be unlawful for any person to use or seta trap capable of trapping animals, live or otherwise, unless such trap is checked no less than once every twenty-four (24) hours and is used in a humane manner. A trapped animal shall be released within a reasonable length of time after it is trapped. Animals may be removed from traps by the Animal Control Officer in accordance with the provisions of this Part 4. Persons violating this section may be fined subject to the penalty provisions contained in this Part 4. SECTION FORTY-FIVE (45): Section 4-150 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-150 REPEALED SECTION FORTY-SIX (46): Section 4-151 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-151 REPEALED SECTION FORTY-SEVEN (47): Section 4-152 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-152 REPEALED SECTION FORTY-EIGHT (48): Section 4-153 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: 16 SECTION 4-153 REPEALED SECTION FORTY-NINE (49): Section 4-154 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-154 REPEALED SECTION FIFTY (50): Section 4-155 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-155 REPEALED SECTION FIFTY-ONE (51): Section 4-156 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-156 REPEALED SECTION FIFTY-TWO (52): Section 4-157 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-157 REPEALED SECTION FIFTY-THREE (53): Section 4-160 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-160 REGISTRATION OF COMMERCIAL KENNELS A. It is unlawful for any person to operate a Commercial Kennel within the city unless such proprietor shall first obtain a license. All licenses shall be issued on an annual basis and are subject to proper zoning and payment of a fee set by the City Council. B. All animals in the Commercial Kennel shall be at all times confined on the premises. The Commercial Kennel shall be maintained at all times in a clean and sanitary condition and shall be subject to inspection by the Animal Control Officer or other proper official of the city. SECTION FIFTY-FOUR (54)i Section 4-161 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-161 REPEALED SECTION FIFTY-FIVE (55): Section 4-162 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-162 REPEALED 17 SECTION FIFTY-SIX (56): Section 4-170 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-170 QUARANTINE OF ANIMALS FOR OBSERVATION A. When any animal capable of carrying or transmitting rabies or other disease bites or otherwise injures a person or is suspected of having rabies, such animal shall be quarantined as directed in the Oklahoma State Department of Health, Zoonotic Disease Control Rules pursuant to the authority contained in the Oklahoma State Statutes, unless a veterinarian has declined to vaccinate the animal for medical reasons. A sufficient letter from the veterinarian must be provided. At the discretion of the Police Chief or his designee, animals may be quarantined on the premises of the owner or at a veterinary hospital of the owner's choice at the owner's expense. B. K-9 animals belonging to or used by a law enforcement agency are exempt from the requirements within this chapter, including quarantine procedures, during such time as the animal is under the direction of a K-9 handler or routine veterinary care. C. It shall be unlawful to refuse to confine an animal that has bitten a person or other animal. Each day that a violation or failure to comply exists shall constitute a separate offense. SECTION FIFTY-SEVEN (57): Section 4-171 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-171 NOTIFICATION OF ANIMALS SUSPECTED OF BEING RABID When an animal under quarantine has been diagnosed as being rabid or is suspected of having rabies by a licensed veterinarian and dies while under such observation, the veterinarian shall immediately notify the Oklahoma State Department of Health Acute Disease Service Epidemiologist. (This creates potential criminal charges and is better addressed within the profession) SECTION FIFTY-EIGHT (58): Section 4-172 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-172 REPEALED SECTION FIFTY-NINE (59): Section 4-173 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-173 REPEALED SECTION SIXTY (60): Section 4-174 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-174 REPEALED W-1 SECTION SIXTY-ONE (61): Section 4-181 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-181 REPEALED SECTION SIXTY-TWO (62): Section 4-182 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-182 POSSESSION OF STRAY ANIMALS No person shall, without knowledge and consent of the owner, possess for more than twenty-four (24) hours, any animal that that person does not own without first reporting such possession to the Animal Control Officer, giving his or her name, address, and telephone number, a true and correct description of the animal and the circumstances under which the animal came into his or her possession. Persons bringing stray animals to be surrendered to the City Animal Shelter must provide proof of residency within the City limits of Owasso. SECTION SIXTY-THREE (63): Section 4-183 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-183 PRACTITIONERS AND CLINICS TO REPORT ANIMAL BITES A. It shall be the duty of every attending practitioner, licensed to practice medicine, osteopathic medicine or veterinary medicine, and of any other person knowing of or in attendance on a case involving an animal bite to report that bite to the animal control officer, police department, or the county health department within four (4) hours of his or her first knowledge or attendance. B. It shall be the duty of every clinic or hospital which has knowledge of a case involving an animal bite to report that case to the animal control officer, police department, or county health department within four (4) hours of its first knowledge thereof. (Is this not adequately regulated within the veterinarian profession?) SECTION SIXTY-FOUR (64): Section 4-184 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-184 IMPOUNDMENT DUE TO EMERGENCY A. If an animal is impounded as a result of a fire, medical emergency, hospitalization, custody arrest or other situation rendering the owner or person in possession of the animal temporarily incapable of caring for the animal, the animal may be impounded by a Police Officer or Animal Control Officer and impounded of the City Animal Shelter. 19 B. If possible, the City will notify the owner or person in possession of the animal's location and the conditions under which the animals may be released. The animal will be held for a period of ninety six (96) houfs seven (7) days. If the animal has not been claimed by the owner, person possessing the animal or a designee of the owner or possessor within seven (7) days, the animal will become the property of the City of Owasso and may be placed for adoption, transferred to an animal rescue organization or euthanized. Owners or other persons possessing animals under these circumstances set forth above shall not be subject to impound or daily care fees for the animal. SECTION SIXTY-FIVE (65): Article B of Part 4 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby added to read as follows: ARTICLE B - DANGEROUS ANIMALS; NUISANCE ANIMALS SECTION SIXTY-SIX (66): Section 4-190 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby added to read as follows: SECTION 4-190 DANGEROUS ANIMALS PROHIBITED It shall be unlawful for any person to own, harbor, possess or keep within the City limits any dangerous animal as defined by this Part 4, the Oklahoma State Statutes, or another governmental entity has determined to be dangerous. SECTION SIXTY-SEVEN (67): Section 4-191 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby added to read as follows: SECTION 4-191 CONFINEMENT/IMPOUNDMENT An animal that is impounded at the time of an incident or after an investigation that resulted in the owner being charged with harboring or possessing a dangerous animal shall be confined pending disposition of the animal. Such confinement shall be at the owner's expense in a licensed veterinary clinic or confined at the home of the owner or some other responsible person in the discretion of the Police Chief or designee. (Should Animal Control be added as a potential place of confinement?) SECTION SIXTY-EIGHT (68): Section 4-192 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby added to read as follows: SECTION 4-192 AUTHORITY TO SEIZE A DANGEROUS ANIMAL In addition to any other authority or procedure authorized by this Part 4 or by any other law, the Animal Control Officer, Police Chief, or designee shall have the authority to immediately seize any animal when there is cause to believe that an animal is dangerous or poses a serious threat to public safety under the totality of the circumstances. It shall be unlawful for any person owning, keeping, possessing or otherwise maintaining an animal declared to be dangerous to refuse to immediately surrender the animal to an Animal Control Officer, the Police Chief or designee. 20 SECTION SIXTY-NINE (69): Section 4-193 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby added to read as follows: SECTION 4-193 HEARING AND ADJUDICATION A. If, after a citation is issued alleging an animal is a dangerous animal as set forth in this Part 4, the owner does not appear at the hearing, the animal shall may be deemed abandoned and subject to disposition in the discretion of the Pell e Chief or Designee Municipal Court Judge. B. The Municipal Court Judge, upon presentation of all evidence at the hearing and upon a finding that the animal is a dangerous animal, may: (1) Allow the animal to remain within the City limits under restrictions as may be ordered; (2) Order the removal of the animal from the City limits; or (3) Order the destruction of the animal. C. Upon a second conviction for possession of a dangerous animal, the Municipal Court Judge may order destruction of the animal. SECTION SEVENTY (70): Section 4-194 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-194 DANGEROUS ANIMAL PERMIT REOUIRED It is unlawful for an owner to have a dangerous dog without certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work. The Animal Control Officer shall issue a certificate of registration to the owner of a dangerous animal if the owner presents to the City sufficient evidence of the following: a. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. A proper enclosure means the secure confinement within an occupied house or residence, in a securely enclosed and locked pen or kennel, structures that have secure sides and a top or, in lieu of a top, walls at least eight (8) feet in height and at least eight (8) feet taller than any internal structure; and (Dr. Spriggs has concerns about height of the fence) b. A policy of liability insurance, such as homeowner's insurance, or surety bond, issued by an insurer qualified the Oklahoma Statutes in the amount of not less than One Hundred Thousand Dollars ($100,000.00) insuring the owner for any personal injuries inflicted by the dangerous dog. (No insurance company will insure a dangerous dog, how does a citizen obtain insurance for the dog? At the very least, should AC maintain a list of high -risk insurers that cover animals?) SECTION SEVENTY-ONE (71): Section 4-195 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby added to read as follows:. 21 SECTION 4-195 DANGEROUS ANIMAL. MUZZLE AND RESTRAINT A. It is unlawful for an owner of a dangerous dog to permit the dog to be outside a proper enclosure, unless the dog is muzzled and restrained by a substantial chain or leash and remains under the physical restraint of a responsible person over sixteen (16) years of age. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any person or animal. B. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. SECTION SEVENTY-TWO (72): Section 4-196 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby added to read as follows: SECTION 4-196 ANIMAL BITES A. It shall be unlawful for the owner, harborer, possessor, or keeper of an animal to negligently allow or maintain any animal where it could bite a human unless the animal has been subjected to provocation, or unless the victim has been trespassing. B. It shall be unlawful for the owner, harborer, possessor, or keeper of an animal to negligently allow or maintain any animal where it could bite, attack or kill another animal unless the animal has been subjected to provocation or attack by another animal. SECTION SEVENTY-THREE (73): Section4-197 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby added to read as follows: SECTION 4-197 NUISANCE ANIMALS It is unlawful for any person to own, keep, possess, or harbor within the city any animal that is a nuisance as defined herein. SECTION SEVENTY-FOUR (74): Article C of Part 4 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby added to read as follows: ARTICLE C — PENALTY SECTION SEVENTY-FIVE (75): Section 4-200 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby added to read as follows: 22 SECTION 4-200 PENALTY Any person, firm or corporation who violates any ordinance or provision of this Part 4 or who violates, or refuses or neglects to carry out any reasonable order made by the health officer pursuant to this chapter, shall, upon conviction thereof, be fined or imprisoned as provided in Section 1-108 of this code. The penalties provided for herein shall be in addition to other remedies of the city and aggrieved persons and shall not be construed as exclusive. SECTION SEVENTY-SIX (76): 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 SEVENTY-SEVEN (77): CODIFICATION This ordinance shall be codified in Part Ten (10), Offenses and Crimes, of the Owasso Code of Ordinances. SECTION SEVENTY-EIGHT (78): REPEALER That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. SECTION SEVENTY-NINE (79): FILING OF ORDINANCE That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. SECTION EIGHTY (80): 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. PASSED AND APPROVED this ATTEST: CITY CLERK Approved as to form and legality: City Attorney day of 20 MAYOR 23 Dear Dr. Bryan Spriggs: Thank you for affording me the opportunity to address some of the concerns you expressed to the City Attorney regarding the proposed revisions to the Owasso Animal Welfare Ordinances. I am attaching for your review a clean copy of the ordinances with proposed revisions based upon your comments in blue. Please allow me to provide an explanation on those areas not incorporated into the proposed code revisions, but raised with the City Attorney in your discussions: Section 4-101: You asked about use of the word "suitable" regarding adequate shelter. This is the word that I have found in my research to be the most commonly used in modern codes. I realize that "suitable" is not finite, but I believe that it is substantial enough to sustain a constitutional challenge and is sufficient to convey the standard to the citizens of Owasso. You asked about determination of the crate size. This was based upon information from Ruth Steinberger and a vet that I consulted in Bristow. Please let me know if you think that this needs to be expanded. You asked about elderly owners who might be in long-term care. Obviously, this could create an issue. I believe, however, that there are sufficient safeguards in place to protect the animals. Section 4-107: You indicated your preference that citizens with small dogs be allowed to have more than set forth in the draft Code and that the calculation be based upon weight. I am not aware of any codes in Oklahoma that address the number of animals by collective weight. My recommendation is that the Code remain by number of animals because it is easier for citizens to understand and Animal Control Officers to enforce. Importantly, most of the contact by Animal Control Officers is complaint based. Unless small dogs over the set number are creating a problem, it is unlikely that they will draw the attention of the City. Section 4-108: You indicated your belief that individuals should have the ability to maintain excrement on their property. Intervention by Animal Control Officers is complaint -driven and if there is not an issue, it is unlikely that property owners will be subject to rigid enforcement. However, I do believe that you are correct in that the language may be somewhat restrictive in terms of requirements. As such, I am recommending removal of the word "daily" from required pick up and the word "all:' Section 4-110: Your comments to this Section pertained to determination of the number of animals by weight. I would ask that you please see my response to the comments to Section 4-107 referenced above. Section 4-116: You asked if the provisions of this Section had been reviewed by beekeepers. I have not sent them to these individuals, but would be happy to do so if you could please provide me with some contact information. Section 4-117(B): You asked if the 40-pound limitation for reptiles was reasonable. I used this number because it seemed to be the one referenced most frequently in the Codes that I reviewed. Again, contact by Animal Control Officers would be complaint -based. If you think that the number should be increased, please let me know. Section 4-120: You asked about inclusion of ferrets in the sections of the Code requiring vaccination for rabies, as well as the ability of a veterinarian to have discretion regarding immunization for rabies. I made those revisions, but provided that the veterinarian had to approve waiver in writing. Section 4-132: You expressed concern about the amount of time to claim an animal and noted your belief that three (3) days was an insufficient amount of time. We had considerable discussion about the amount of time from a staff level and this was the number of days recommended by the Animal Control Officers. However, if the animal is identifiable by tag, microchip, city records or other means, an owner will have seven (7) days from the date a certified letter is mailed or left at the owner's address. I did, however, provide clarification that the 7-day notice period would exclude Sundays and City holidays. Section 4-144: You indicated that people may want to sell chickens at the Farmer's Market. They possess the ability to do this so long as it is permitted by the City. Section 4-147: You requested that the proposed Code be revised to allow for male dogs and cats to be neutered no earlier than 12-18 months and females to be spayed no earlier than six (6) months or first heat. I made these revisions and also clarified this in the provisions regarding release from the shelter. Thank you again for your valuable input into these proposed revisions. As you know, the City Council will again consider the proposed revisions at their work session on Tuesday, September 10". If you can have your additional revisions to me by 2 Thursday, September 5", that will give me an opportunity to make additional changes before presentation to the Council. If you have any questions, please let me know. Otherwise, I will look forward to hearing from you. Very Truly Yours, Beth Anne Childs City Prosecutor SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION of the payment of SIXTY THOUSAND DOLLARS and 00/100's ($60,000.00) from The City of Owasso, the receipt of which is hereby acknowledged, the Undersigned, being of lawful age, does hereby release, acquit, agree to hold harmless, and forever discharge The City of Owasso and Daniel Brockup, their heirs, representatives, successors, assigns, and any agent, and employee, along with any other person, firm, corporation, contractor, or entity who may be liable, (hereinafter referred to as the "Released Parties") from any and all current and future actions, causes of action, claims of any kind or character, demands, damages, costs, fees and expenses, in any way arising out of this incident, including but not limited to any claims or actions for any and all known and unknown personal injuries, disabilities, property damage, loss of services, lost wages, loss of future earning capacity, pain and suffering, mental anguish, or any other tort claim, which I may now have or hereafter have, resulting from an accident that occurred on or about the 27th day of November, 2023, on East 1161h Street North in the City of Owasso, Tulsa County, State of Oklahoma. I hereby agree that as further consideration and inducement for this compromise settlement, this settlement shall apply to all unknown and unanticipated injuries and damages resulting from the above -described incident. I hereby agree and further represent and warrant that I am completely, entirely and fully responsible for any and all current or future liens, claims, or demands made by any and all physicians, healthcare providers, hospitals, medical facilities, ambulance services, emergency responders, dentists, chiropractors, practitioners of the healing arts or municipal, state or federal governmental agencies, including but not limited to Medicaid, Medicare, the Social Security Administration, and the Department of Health and Human Services, for the payment of bills and for providing services, treatment, healthcare, use of medical facilities, prescriptions, medical appliances or other medical services or aid rendered or provided to the Undersigned for injuries sustained in the aforementioned incident, whether such liens or claims are known or unknown to me at the present time, and I hereby promise for myself, my heirs, executors and assigns to release, indemnify, reimburse and hold harmless the Released Parties and their attorneys for the full amount, including the costs of defending any action, that they may hereafter be required or compelled to pay as a result of the aforementioned incident, or as a result of any such claim, lien or encumbrance, along with any claim for contribution, subrogation, indemnity, or otherwise, for any amounts paid to me or for me because of this incident. It is understood that the Released Parties have considered Medicare's interest in this settlement and have determined that an allocation for future Medicare covered expenses is not required pursuant to the policy and procedures established by the CMS Memoranda to protect Medicare's interest as required by the Medicare Secondary Payer Statute and for the reasons set forth below. 1 of 5 Any payments Medicare may have made for the Undersigned person's injury -related medical expenses prior to settlement, even if payments were made by mistake, could result in a Medicare Secondary Payer (MSP) claim, which must be satisfied as part of the settlement. If not, the Centers for Medicare and Medicaid Services (CMS) can bring suit for repayment of Medicare's claim against any entity which receives proceeds from the settlement, including the Undersigned and my attorney, in a suit to recover its MSP claim, and further, CMS can seek double damages. I affirm that I have not previously received and am not currently receiving Medicare benefits, that I have never applied for, nor have I received SSDI benefits, that I do not have expectations of becoming a Medicare beneficiary, that I have never been approved for SSDI benefits and will not apply for SSDI benefits within thirty (30) months of the date of this settlement. The Undersigned understands, and is aware, that should I become a Medicare beneficiary within thirty (30) months of the date of this settlement, CMS (Medicare) may require me to expend up to the entire settlement amount denoted in this agreement on Medicare covered expenses related to the injury before Medicare will provide coverage for the injury and/or injuries. Therefore, the Undersigned voluntarily accepts this risk and waives any claims against the Released Parties, should Medicare take such action. The Undersigned, further agrees to defend and hold harmless the Released Parties, and counsel for the Released Parties, from any and all Medicare liens and/or Medicare requirements set aside for trusts for future medical care and expenses. To obtain payment of said sum, I now declare and represent that I am over eighteen (18) years of age and that the injuries sustained are or may be permanent and progressive and that recovery therefrom is uncertain and indefinite, and in executing this Release and Agreement it is understood and agreed that I rely wholly upon my own judgment, belief and knowledge of the nature, extent and duration of said injuries, and that I have not been influenced at all, or to any extent whatsoever, in making this Release by any representations or statements regarding said injuries, or regarding any other matters made by the persons, firms or corporations who are hereby released, or by any person or persons representing them, or by any physician, healthcare provider, hospital, medical facility, ambulance service, emergency responder, dentist, chiropractor, practitioner of the healing arts, or anyone employed by them, or their agents. I further understand and agree that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of the Released Parties, by whom liability is expressly denied. I further state that I have voluntarily and freely chosen to enter into this settlement and believe that this settlement is in my best interest, and in the best interest of all concerned, and that I have not been coerced or tricked by anyone to enter into this Release, nor am I under any economic duress which necessitates or requires that I enter into this Release. This Release contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this Release are contractual and not a mere recital. 2of5 I further state that I have carefully read this Release and know the contents of it and sign the same as my free act. WITNESS my hand this day of 2024. WITNESS CAUTION. This is a Release. READ IT before signing. JETT McBRIDE 3 of 5 VERIFICATION Under oath, and subject to perjury, I hereby swear and affirm the following: By making this settlement, I am giving up the right to have a jury decide my case. I understand that a jury could award me more money than I am accepting in this settlement. I also understand that a jury could award me less money, or even nothing, if this case is tried. I have considered the risks and alternatives to this settlement. Having done so, I wish to accept this settlement. I have not been coerced or forced to settle this claim through economic duress, or otherwise, and do so voluntarily because I believe this settlement is reasonable and, by doing so, I can avoid the risks and uncertainty of trial. I have read the above Verification on the day of , 2024, and it is true and correct. WITNESS STATE OF OKLAHOMA S.S. COUNTY OF CAUTION: This is a Release. READ IT before signing. JETT McBRIDE On this day of , 2024, before me, a Notary Public in said County, State of Oklahoma, personally appeared Jett McBride, known to me to be the party whose name is subscribed to the foregoing Release in Full of All Claims and Verification, and acknowledged that she executed the same as her own free act and deed. (Seal) My Commission Expires: Commission Number: Notary Public 4of5 Approved this 10`h day of September, 2024. ATTEST: Juliann M. Stevens, City Clerk CITY OF OWASSO Alvin Fruga, Mayor 5of5 TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP, Planning Manager SUBJECT: Specific Use Permit (SUP 24-02) - 11328 East 106+h Street North DATE: September 6, 2024 BACKGROUND: The Community Development Department received an application for review and approval of a Specific Use Permit (SUP) to allow an automotive repair and maintenance use (for a proposed car wash facility) in a Commercial Shopping (CS) zoning district. The subject property is located at the southeastern corner of East 1061h Street North and North Garnett Road and is addressed as 11328 East 106th Street North. SUBJECT PROPERTY/PROJECT DATA: Property Size 1.46 acres +/- Land Use Master Plan Commercial Current Zoning Commercial Shopping (CS) Proposed Use Automotive Repair and Maintenance- Carwash Within a PUD? No Within an Overlay District? No Water Provider City of Owasso Sanitary Sewer Provider City of Owasso Applicable Paybacks/Fees (Assessed at Platting) Meadowcrest Relief Sewer Payback Area ($867.00 per acre) Ranch Creek Interceptor Sewer Payback Area ($610.33 per acre) Storm Siren Fee ($50 per acre) ANALYSIS: • The subject property was annexed into Owasso City Limits in July of 2024 (Ordinance 1221). • An SUP is required in certain zoning districts for uses or structures that may be considered more intense than what is allowed by right, through the City of Owasso's Zoning Code. • A conaash facility falls under the "automotive repair and maintenance" use category outlined in Table 6.1 of the Owasso Zoning Code. In the CS zoning district, any "automotive repair and maintenance" facility is allowed with an SUP. o Thus, an SUP is needed for a carwash on this property, as it is zoned CS. The GrOwasso 2035 Land Use Master Plan identifies the subject property for future commercial uses. o All surrounding parcels immediately adjacent to the subject property are also identified for future commercial uses. • The applicant has worked with staff to design the site and new structure in an appropriate manner that conforms to the design requirements of the Zoning Code. Page 2 SUP 24-02 o The proposed car was will be a 6-bay structure, composed of EIFS and concrete masonry block, thus meeting the fagade requirements for commercial structures seen within Chapter 11 of the Owasso Zoning Code. • Phase 1 will construct four (4) bays. Phase 2 will be comprised of the remaining two (2) bays. o According to the conceptual site plan, the proposed structure is oriented with the wash bays oriented east/west. The site plan also shows eight (8) vacuum stalls, all located on the south side of the carwash, abutting vacant commercial property. o The proposed structure appears to meet all setback requirements for CS -zoned properties, as outlined in Chapter 6 of the Owasso Zoning Code. o The conceptual site plan shows landscaping beds along all four sides of the subject property. All landscaping requirements outlined in Chapter 19 of the Owasso Zoning Code will have to be met. Screening fences are not required along the boundaries of this subject property, as all of the surrounding parcels are also commercially -zoned. o As indicated on the conceptual site plan, the applicant intends to install lighting immediately adjacent to the proposed building, adjacent to the internal drive aisle. All lighting will have to comply with Chapter 20 of the Owasso Zoning Code. o The applicant has indicated that the noise levels from the carwash will not exceed the allowed decibels per the adopted Owasso Noise Ordinance. • While the car wash will be operational twenty-four (24) hours per day, the applicant has indicated that cars remain stationary within the bays while in use. Therefore, the doors will remain closed during the night operation hours of 9:OOpm to 7:OOam, to further dampen any noise from the dryer blowers. o The dumpsters for the site will be located on the southwestern corner of the property and will be fully screened, per Chapter 19 of the Owasso Zoning Code. All mechanical equipment, including equipment associated with the vacuums, will also be fully screened. The main purpose of the SUP requirement is to ensure the development does not impose any negative direct impacts to adjoining properties and that the proposed use works in harmony within the context of the area. a This subject property adjoins other similarly -zoned properties, the Land Use Plan calls out future commercial uses in this corridor, and the applicant has indicated they will meet all applicable site -design regulations to minimize impacts on adjoining properties. Any further 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 Jurisdiction Plan North Commercial Shopping Vacant Commercial City of (CS) Owasso South Commercial General (CG) Vacant Commercial Tulsa County East Commercial Shopping Vacant Commercial of Owasso Commercial Shopping City of West (CS) / Commercial Vacant Commercial Owasso General (CG) Page 3 SUP 24-02 PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on September 9, 2024. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2035 Land Use Master Plan Map SUP Site Plan Package o `,'��'�•t�1^"J Irl —{ r r .�. v 'Jel �+�.. :.. r+, + x] 11y ,:.�1 .•i � _ � { ;`t�/.. �1s-�.-'I.I i 1 I x�-s�1.n �1 i9i 0711 i a I ems. n. n 4 19 - +s +,lJ� 44. SUBJECT TRACT 10 ct AF L' i" _ " ??: i'1/4►l r`..�xC�tj�F i, - Vim) WTI . .._ b' ate', .►-,y r\w -�Xr?� N Note: Graphic overlays may ® Subject 0 100 200 400 not featprecures on with physical SUP-24-02 I I 1 1 I 17 21-14 \Y■,Y/\ terialPot the ground. Tract Feet Aerial Photo Date: 2023 0 0.01 0.03 0.05 0.08 0.11 Surrounding Zoning Subject Tract q Miles SUP 24-02 N . E 107TiH„ST N .a1 Land Use Categories Parks/Recreation Public/Institutional Residential Transitional %XZ1 Neighborhood Mixed Redbud District Neighborhood Commercial Commercial Industrial/Regional Employment ® US-169 Overlay 0 0.01 o.m 0.05 0.08 a.,, GrOwasso 2035 Land Use Master Plan — Subject Tract n Mes SUP 24-02 A r, SITE PLAN qa o -•>vn..wv."ws•�.W.Y ••>v.�. •.. rnc.. r.c w rm. ar.neWLt(Wn.; mG�PINGCXEDy vE (wCON. GNDSG®ING NOTES (COH"J 2_OMNG REQUIREMENTS BUILDING CODE GLCS PAWINGANALYSIS �,xm".nm w... IgNDSGPING NOTES w y •n si.. ... 'V Q"aw>...>.�...">w .>wvm > nns>ryr.a o"••m^ w mn_iw.rnmr ® hdesigngmup __w.- ASin1 FUTURE WASH BAY ADDITION EST CONCEPTUAL ELEVATION FUTURE WASH BAY ADDITION \ST CONCEPTUAL ELEVATION LLtillilll �.a�ooww.�x..�,�w 1x.'.T v xenwaxa TO: The Honorable Mayor and City Council FROM: Wendy Kramer, City Planner SUBJECT: Annexation (OA 24-03) & Rezoning (OZ 24-03) —9727 East 116th Street North DATE: September 6, 2024 BACKGROUND: The Community Development Department received a request for the annexation and rezoning of property located at 9727 East 1 16th Street North. The subject property is approximately 2.56 acres in size and is currently zoned Agriculture Residential Single -Family, Rural Development (AG-R) within Tulsa County. Upon annexation, the applicant is requesting the property be brought into Owasso City Limits as Commercial Shopping (CS) via accompanying rezoning request OZ 24-03. SUBJECT PROPERTY/PROJECTDATA: Property Size 2.56 acres +/- Current Zoning Agriculture Residential Single -Family, Rural Development AG-R In Tulsa Count Proposed Zoning Upon Annexation Commercial Shopping CS Land Use Master Plan Commercial Within a Planned Unit Development PUD ? No Within an Overlay District? No Water Provider City of Owasso Applicable Paybacks/Fees Assessed at Permittin Storm Siren Fee ($50.00 per acre) ANALYSIS: The subject property is contiguous with City limits on the southern boundary of the property. o Per Oklahoma State Statute, Title 11, Section 11-21-102, any territory separated by an intervening strip less than four (4) rods (which is equivalent to 66 feet) wide is considered "adjacent or contiguous to the municipality." o Considering this, the subject property is contiguous as it is separated from Owasso City Limits on its southern boundary by a strip of right-of-way that is twenty-five (25) feet wide. Typically, property is assigned a zoning of Agriculture (AG) by default upon annexation. The applicant can also request the property retain the County's corresponding zoning designation under the Owasso Zoning Code, or seek a concurrent rezoning based on what the GrOwasso 2035 Land Use Master Plan prescribes. o In this case, the applicant is requesting that the subject property be annexed and assigned a zoning of CS, via a concurrent rezoning request. The GrOwasso 2035 Land Use Master Plan identifies the subject property for future "Commercial" uses. o As such, assigning a zoning of CS to the subject property upon annexation is consistent with the long-range vision for the property in the Master Plan. The subject property is currently unplatted, but will be required to go through the platting processes prior to issuance of any commercial building permit(s). OA 24-03/OZ 24-03 Page 2 • The City of Owasso will provide police, fire, ambulance, water, and sanitary sewer services to the property. • 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 Agriculture - Residential North Single -Family, Rural Residential Commercial Tulsa County Development AG-R South Commercial Shopping (CS)/Residential Duplex (RD) Vacant Commercial City of Owasso Agriculture - Residential East Single -Family, Rural Vacant /City Commercial Tulsa County Development AG-R Detention Pond West Agriculture (AG) Residential Commercial Tulsa County PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their regular meeting on September 9, 2024. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2035 Land Use Master Plan Map Survey Exhibit 40 -.♦.1�� Y :,� v •, I �:'. y ' 111 C' 3 G r. .�r - Or wf• '♦ F S ._. r, —1' SUBJECT TRACT . I R a y 4 t �� rr , l.V' 'V• Y 1 tic � . 41 fi Note: Graphicoverlays may N notpreclsely align with physical Subject OA 24-03 0 100 200 400 Ye othe ground. TY3Cf �J06 21-14 I Aerialrial Photo o Data: 2023 . OZ 24-03 Feet ' �' - = _. +.� +#ir ._* S _� _ li �' � 1�_ I .�'�it 151 "�'� '.•:Go-P-t�.iB�RI � `' �• 1 li � ... .q:vw- � a r -sib 41F Yfe ASiS�i4°d Irk L AG (Tulsa County) 41 OA '_I.., I �11 1 I`I Ar 1 `— _ Cs RS-3 PF „ Subject Tract 0 0.01 0.03 005 0.08 0.11 Surrounding Zoning M"B9 OA 24-03 / OZ 24-03 0.03 0.05 ON 0.11 GrOwasso 2035 Land Use Master Plan M1109 OA 24-03 / OZ 24-03 R Land Use Categories Parks/Recreation Public/Institutional Residential Transitional Neighborhood Mixed Redbud District Neighborhood Commercial Commercial Industrial/Regional Employment ® US-169 Overlay N F Subject Tract n `-- N ryGW aa�Ll WurcuuN3.O.rt 3DMDE OI:TwsE NWRL:MV.Y i1T®BHGFIMF NNoIV.EFJK OBAANAe fSlf WNBMNEA9fT EfRfl fL(! ELLERI OW Judy - BAKER SURVEYING, LLC •or ••v:x an,. uuruwnn IYMh •Nh.alY MORTGAGE INSPECTION REPORT ROTA LAND OR BOUNDARY SURVEY R•ynwW Ln VNIen W Robbie R•na %mr, LIENT: Ap•KTII• S ObNo9 Salvkal, LLC BL,l"w FLOODPLAIN STATEMENT: THIS PROPERTY IS LOCATED IN 2ONE'AE' PER FLOOD INSURANCE RATE MAP 80147CO13OC EFFECTIVEAUGUST 3RD, 2W8, AND THIS PROPERTY IS LOCATED IN LONE %(SHADED AREAS) PER FLOOD INSURANCE RATE MAP 804000INK EFFECTIVE AUGUST 3RD, 2WI. AND THIS PROPERTY IS LOCATED IN20NEKNNSHADEDARPISI PERFLOOD INSURANCE RATE MAP 40143 30K EFFECTIVEAUGUST 3RO, 2000. (F1O0O2OME DIAIXAIMNE FLOOD TONE ObTERNWAROW ARE BALED 9OLBY 0HI111E FENANFD'Y cLL11fE ONTHE CENffflm DATE,ACWiUCY CAI81OT BE OUARAIlfEEO ANO N W tA0 E E VERIFIED FROM A 0ECO1 W AM 60URCJ;) SURVEYOR'S NOTE: THE FOLLOWING FOUND IN TIRE COMMITMENT /24182624, DATED 03112=4: DOESAFFECTTHEPROPERTY; 15 SK 1Y1 PG 363 (OLVOMT ESMT) A4 RK 814 PG 328 (BLANKET EMT) • 07 SK 1316 PG 341(BLANKET ESMT) a 0 SK3 2 PC 589 (FALLS WITHIN HOAR iDtV) • K BK 3762 PG 523 (FALLS WITHIN ROAD RAVI • 61OSK3338P6387(ASSHOWN) • 811 DOC 02020056833(7S SHOWN) • *12 DOC VMD0SD834 W SHOWN) 526.00` O E2METAL SHOP SN ON(5 ESMT 011 LONG SK 3872 PO WO METALSHED ON CONC. )] x 1:I METAL ' u - 0 $' — CoNr- CARAGE ON ' S STONE m j I0'69 IT&M FRAME fFEllE 1NG SO Oka ESMT y m I DOC 12020050833 g BK=2 PG 523 Z Ti G ,9SIIU—}{ — .118TH ST./ SEC STATUTORY SK ROAD DEDICATION (OPEN) NLME Rl1Y BK 3836 PG 3B1 (OPEN) DATE OF FIELD INSPECTIOW LEGAL DESCRIPTION: MARCH 18TH, 2024 SEE PAGE S FOR LEGAL DESCRIPTION. ALSO KNOWN AS: 9727 EAST rieTH STREET NORTH, COLLINSVLLIE, OK 74021 CERTIFICATION' THIS MORTGAGE INSPECTION REPORT WAS PREPARED FOR APOE TITLE L CLOSING SERVICES, LLC. IT IS NOT A LAND OR N SURVEY PLAT. AND IT 0 NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IJPR( UNES. THIS INSPECTION PLAT WAS PREPARED SOLELY FOR THE CUENT LISTED HEREON AND MAY NOT BE USED FOR ANY SUB! LOAN CLOSING, REFINANCE, OR OTHER TRANSACTION;.AND THAT NO RESPONSIBLITY OR LIABILITIES ASSUMED HEREIN OR HE THE PRESENT OR FUTURE LAND OWNER OR OCCUPANT. THE ACCOMPANYING SKETCH 0 A TRUE REPRESEN2ATW M OF THE CO THAT WERE FOUND AT THE TIME OF THE INSPECUON, AND THE LINEAR AND ANGULAR VALUES SHOWN ON THE SKETCH, F BASED ON RECORD OR DEED INFORMATION AND HAVE NOT BEEN VERIFIED UNLESS NOTED. THE DWELLING USE WHOLLY VA BOUNDARIES OF THE DESCRIBED LOT UNLESS OTHERWISE NOTED. NO PROPERTY CORNERS WERE SET BY BAKER SU UNDERGROUND URUIIES WERE NOT FIELD LOCATED AND THEREFORE ARE NOT SHOWN ON THIS INSPECTION PLAT SPECIFICALLY RE-0UMED BYTTIE CLIENT. BURIED 9EAVICE CABLE LOf:AT1ONSAREA•eo...•.� OTNESS MY HAND AND SEAL THIS DATE MARCH 25TH, =4 DOER SURVEYING, LLC 177 SOUTH SM EASTAVENUE JLSA OKIAHOMA 74145 KIAHOMA CA85618 EXPIRES SODO024 18)271-8793 mom PAGE 1 OF 2 BAKER SURVEYING, LLC� MORTGAGE INSPECTION REPORT NOTA LAND OR BOUNDARY SURVEY LEGAL DESCRIPTIONI ATRACT OF LAND LYING IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW14 SWA)OF SECTION SIX (6), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 611.00 FEET NORTH AND 50.00 FEET EAST OF THE SOUTHWEST CORNER OF SAID SECTION SIX (6); THENCE SOUTH 69'50'S4' EAST AND PARALLEL TO THE SOUTH LINE OF SAID SECTION SIX (6) A DISTANCE OF S25.00 FEET TO POINT; THENCE DUE NORTH AND PARALLEL TO THE WEST LINE OF SAID SECTION SIX (6) A DISTANCE OF 223.40 FEET TO A POINT,, THENCE NORTH 89-4671- WEST AND PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW/4 SW/4) OF SECTION SIX A DISTANCE OF 525.00 FEET TO A POINT, THENCE DUE SOUTH, PARALLEL TO AND 50 FEET EAST OF SAID WEST LINE OF SECTION SIX (6) A DISTANCE OF 224.09 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT ATRACT OF LAND IN THE SOUTHWEST QUARTER (SW/4) OF SAID SECTION SIX (6), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, OKLAHOMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SW/4 OF SAID SECTION SIX (6), T-21-N, R-14. E OF THE INDIAN BASE AND MERIDIAN; THENCE N 01 •15'02' W ALONG THE WEST UNE OF SAID SW/4 A DISTANCE OF 50.00 FEET, THENCE N 118-5312' EA DISTANCE OF 50,00 FEET TO THE POINT OF BEGINNING BEING ON THE PRESENT RIGHT-OF-WAY OF NORTH MINGO ROAD; THENCE N 01'15V2' W ALONG SAID PRESENT RIGHT-OF-WAY A DISTANCE OF 40.00 FEET. THENCE S 46'10' 45- E A DISTANCE OF 42.48 FEET, THENCE N 88-53'32- EA DISTANCE OF 495.00 FEET; THENCE S 01'15112- E A DISTANCE OF 10. W FEET TO THE PRESENT RIGHT-OF-WAY OF EAST 116TH STREET NORTH; THENCE S BV53'32' W ALONG SAID PRESENT RIGHT-OF-WAYA DISTANCE OF 525,00 FEET TO THE POINT OF BEGINNING. ALSO KNOWN AS: 9727 EAST 11STH STREET NORTH, COLLINSVILLE, OK74021 PAGE 2 OF 2 TO: The Honorable Mayor and City Council FROM: Roger Stevens, Senior Director of Operations SUBJECT: Proposed Assessment Fee - Coffee Creek Lift Station and Force Main Improvements DATE: September 6, 2024 PROPOSED ACTION: An item has been placed on the September 10, 2024, Worksession to discuss an assessment fee for properties desirous of connecting to the Coffee Creek Sewer Lift Station and Force Main. BACKGROUND: Section 17-301 of the Code of Ordinances allows for costs associated with the construction of designated sewer improvements, including costs for land, construction, professional fees, etc. to be recouped through a per acre assessment fee. This project was identified as a designated sewer improvement and the assessment area was created by Ordinance 1124, adopted February 6, 2018. The area basin contains a total of 750 acres: 412 acres were developed before the creation of the assessment area; 75.6 acres have developed since the creation of the assessment area; 262.4 acres remain undeveloped in the assessment area. TIMELINE AND COSTS: • In August 2002, a local developer funded and constructed the original Coffee Creek Lift Station and Force Main with a design capacity of 1 million gallons per day. In 2016, the Wastewater Master Plan identified the lift pumps, wet well, generator, and force main would need to be replaced within 5-10 years due to condition and anticipated capacity increase for an additional 1 million gallons per day. • In December 2017, Owasso Public Works Authority (OPWA) approved an engineering services agreement with Kellogg Engineering, of Talala, Oklahoma, for $260,625.00. • In May 2018, easement and land obtainment were completed for $218,093.72, • In April 2021, OPWA approved a construction contract with MSB Construction, LLC of Oologah, Oklahoma, for construction of the sewer improvements. The project was completed and accepted by the OPWA in April 2023, for a total contract amount of $5,021,070.23. ATTACHMENT: Assessment Area j ♦ il, °'•jI• I tir. 5 �, �• , �'•'� V y , •,1 r r; 3 A � A'hPIS • � � (•it z 7t,�,• , r � .. n•. `III � _ _ _ r N tip' ',, tJ}kr '; •':t : y� A %, Coffee Creek Lift Station and Force Main Assessment Area rj...; .., 4�r', .{ 1 n J ,t .__w.;rr-... '. •'y ,; j . , 'i p11 t i; - sd cc.c A. '- iv u c.....,.,. REAL C-A, TO: The Honorable Mayor and City Council FROM: Roger Stevens, Senior Director of Operations SUBJECT: Construction Management and Bid Awards for the Public Works Facility DATE: September 6, 2024 PROPOSED ACTION: An item has been placed on the September 10, 2024, Worksession to discuss the construction management services and construction bids received for the Public Works Facility. BACKGROUND: • In October 2022, Owasso Public Works Authority approved an agreement for architectural and engineering services with Beck Design to design the new Public Works Facility, on -site detention, and other utility improvements. • The project will include a new administration facility, field operations facility, fleet and facility maintenance facility, and three equipment and material storage facilities, totaling 77,387 square feet. • In April 2024, City Council approved an agreement for At -risk Construction Management services with Miller-Tippens Construction of Glenpool, Oklahoma, where the basis of payment will be the cost of the work, in accordance with the Oklahoma Public Competitive Bidding Act (PCBA), plus the negotiated service fee for a determined guaranteed maximum price (GMP). • In July 2024, Beck Design in collaboration with City staff and Miller-Tippens completed the design and construction documents. BIDS: • In August 2024, Miller-Tippens Construction sent out a request for bids and advertised following City ordinances and the PCBA. Bids for the separate components of work were publicly opened and read aloud at 2:00pm on September 4, 2024. • City staff, Miller-Tippens Construction, and Beck Design are currently reviewing each bid for compliance and to prepare a bid tabulation. CONSTRUCTION MANAGEMENT AT RISK: Staff is proposing to amend the agreement with Miller-Tippens Construction to include construction management at risk services with a GMP. The Construction Management at Risk (CMAR) is a delivery method that entails a commitment by the Construction Manager to deliver the project within a GMP that is based on the construction documents and project specifications, plus any reasonably inferred items or tasks. The CMAR provides professional services and is a consultant to the owner in the construction phase. The CMAR must manage and control construction costs to not exceed the GMP because contractually any costs exceeding the GMP that are not approved change orders are the financial liability of the CMAR. Public Works Facility Page 2 The proposed amendment to the agreement with Miller-Tippens Construction will establish a "not to exceed " dollar amount for the entirety of the project. Only a change or addition to the scope of work, at the direction of the City, would result in aqdditional expenditures above the final contract amount. The proposed contract includes a 10% contingency amount, intended for use only if unknown conditions arise that would change the scope of work. This contingency may only be utilized by authorization from the City after any and all alternatives are considered between the owner, architect, and construction management firm. Any change order or subsequent bid award and additional work outside of the original scope of work shall be authorized by the City per City and State requirements. FUNDING: Funding is available in the Capital Improvements Fund. ATTACHMENT: Rendering sd TO: The Honorable Mayor and City Council FROM: Michele Dempster, Senior Director SUBJECT: Healthcare Self -Insurance Fund and Stop Loss Reimbursements DATE: September 6, 2024 BACKGROUND: In 2004, the City Council approved a policy to establish the Healthcare Self -Insurance Fund for employee health, dental, and vision insurance. The Healthcare Self -Insurance Fund covers the cost of claims and administration, with financing provided by premiums paid by employees and departments. Self -Insuring means that instead of paying premiums to an insurance company, the City covers the cost of claims directly through a third -party administrator. This approach allows the City to retain any budgeted funds that are not spent on claims. To manage that risk, the City carries Stop Loss coverage, which limits liability for any one individual. If a member's claim exceeds the Stop Loss amount, the Stop Loss carrier will cover the excess cost. For the last six years, Stop Loss coverage has been purchased through AETNA, which also administers the City's healthcare plan and provides the doctor network. AETNA's Stop Loss coverage automatically took over payment of claims once an individual hit the Stop Loss amount. During the recent renewal, AEfNA proposed a 30.5% increase in Stop Loss coverage costs. In collaboration with the City's Agent of Record, the decision was made to seek competitive quotes for Stop Loss coverage. AETNA ultimately agreed to maintain the current Stop Loss rate without an increase. However, the competitive quotes revealed an opportunity to save $400,000 compared to AETNA's proposed rates. As of July 1, Stop Loss coverage has been transferred to SunLife, resulting in this $400,000 savings. NEW PROCESS: With the transfer of Stop Loss coverage to SunLife, the City will be required to pay the full amount of all claims and will receive monthly reimbursements for claims exceeding the Stop Loss amount. Following receipt of reimbursements, staff will include an item on the consent agenda requesting City Council approval for a budget amendment in the Healthcare Self -Insurance Fund to increase the budgeted revenues and expenditures by the amount of the Stop Loss reimbursements received. The reimbursement revenue received will offset the increase in expenditures for healthcare claims.