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2007.09.18_City Council Agenda
COEE PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: September 18, 2007 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Friday, September 14, 2007. ,n, J iann M. Stevens, D y City Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Mr. Don Cason, Hope Chapel Four Square Church 3. Flag Salute 4. Roll Call 5. Presentation of Employee of the Month Mr. Ray Mr. Ray will present the Employee of the Month for September 2007. S: \Agendas \Co unci 1\2007 \0918. do(; Owasso City Council September 21, 2007 Page 2 6. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the September 4, 2007 Regular Meeting and September 11, 2007 Special Meeting. Attachment # 6 -A B. Approval of Claims. Attachment # 6 -B C. Acknowledgement of receiving the monthly FY 2007 -2008 budget status report. Attachment # 6 -C D. Rejection of all bids received for the N. 145th East Avenue Overlay Project and authorization for staff to rebid the project. Attachment # 6 -D Staff recommends Council rejection of all bids received and authorization for the staff to re -bid the overlay project with the additional FY 2007 -2008 Street Rehabilitation Program projects. E. Rejection of all bids received for the installation of baseball field lighting at the Sports Park and authorization for staff to rebid the project. Attachment # 6 -E Staff recommends Council rejection of all bids due to an error in the bid specifications and authorization for the staff to rebid the project. 7. Consideration and appropriate action relating to a request for Council confirmation of the Mayor's appointments to various Boards and Commissions. Mayor Cataudella The Mayor will recommend Council confirmation of citizen appointments to the following committees: Owasso Sales Tax Watchdog Committee Tulsa County Vision 2025 Sales Tax Overview Committee 1401 Owasso City Council September 21, 2007 Page 3 8. Consideration and appropriate action relating to a request for Council approval of annexation request OA 07 -05 of approximately 76.37 acres, located south of East 86`h Street North, approximately '/4 mile west of N. Memorial Road and a request for the rezoning of such property from AG (Agriculture) to RS -2 (Residential Single Family and RS -3 (Residential Single Family). Mr. McCulley Attachment #8 Staff will recommend Council approval of the request for annexation and approval of the rezoning, such that the portion of the subject property adjacent to the large residential lots to the northwest, containing 9.54 acres, be rezoned from AG (Agricultural) to RS -2 (Single - Family Residential) and that the remainder of the subject property, containing 66.84 acres, be rezoned from AG (Agricultural) to RS -3 (Single - Family Residential). 9. Consideration and appropriate action relating to a request for Council approval of rezoning request OZ 07 -06, approving the rezoning of Lot 1, Block 1, Sherrill Estates from RS -3 (Residential) to OL (Office Light), located at 102 West 11th Street North. Mr. McCulley Attachment #9 Staff will recommend Council approval of annexation request OZ 07 -06. 10. Consideration and appropriate action relating to a request for Council award of a contract for the construction of a baseball field at the Owasso Sports Park. Mr. Lehr Attachment #10 Staff will recommend Council award a contract for the construction of a baseball field at the Owasso Sports Park to FIT Construction of Tulsa, Oklahoma in the amount of $286,394.50. Owasso City Council September 21, 2007 Page 4 11. Consideration and appropriate action relating to a request for Council approval of an appropriation of $31,975 and an expenditure not to exceed $41,975 for the purpose of providing the match requirement necessary to implement the first year cost of service for Pelivan Transit, a demand response transportation service, and authorization for the City Manager to execute all necessary documentation relating to the implementation of such service. Mr. Wiles Attachment #11 Staff will recommend Council approval of an appropriation of $31,975 and an expenditure not to exceed $41,975 from the General Fund for the grant match requirement needed for Pelivan Transit services and authorize the City Manager to execute all related documentation. 12. Consideration and appropriate action relating to a request for Council approval of a Lease Agreement between the City of Owasso and Kourtis Realty, Ltd., Co. for property located along the west side of N. Garnett Road, immediately north of E. 16th Street containing approximately 18,377 square feet of land and authorization for the Mayor to execute the Lease Agreement. Mr. Wiles Attachment # 12 Staff will recommend Council approval of an agreement between the City of Owasso and Kourtis Realty, Ltd., Co. to allow for the lease of an easement containing approximately 18,377 square feet of land located immediately north of E. 16th Street and adjacent to Ron's Hamburgers, and authorization for the Mayor to execute the Lease Agreement. 13. Consideration and appropriate action relating to a request for Council approval of an Interlocal Agreement between the City of Owasso and Tulsa County for the FY 2007 -2008 Street Rehabilitation Program and authorization for the Mayor to execute the agreement. Mr. Stevens Attachment #13 Staff will recommend Council approval of an Interlocal Agreement between the City of Owasso and Tulsa County for assistance with various street improvements and authorization for the Mayor to execute the agreement. 0 Owasso City Council September 21, 2007 Page 5 14. Consideration and appropriate action relating to a request for Council acceptance of the FY 2006 -2007 Street Rehabilitation Program Pavement Striping Project and authorization for final payment. Mr. Alexander Attachment 414 Staff will recommend Council acceptance of the FY 2006 -2007 Street Rehabilitation Program Striping Project and authorization for final payment to Action Safety Supply Company in the amount of $49,025.10. 15. Consideration and appropriate action relating to a request for Council adoption of Ordinance No. 903, an ordinance establishing the N. Garnett Regional Detention Assessment Area and establish a mandatory fee in lieu of detention for all undeveloped property located within the N. Garnett Regional Detention Area. Ms. Bishop Attachment #15 Staff will recommend Council adoption of Ordinance No. 903. 16. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the office of the City Manager, such executive session provided for in O.S. 25, Section 307(B)(1). Mayor Cataudella 17. Report from City Manager. 18. Report from City Attorney. 19. Report from City Councilors. Owasso City Council September 21, 2007 Page 6 20. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 21. Adjournment. U C. CITY OF OWASSO CLAIMS TO BE PAID 09/18/07 VENDOR DESCRIPTION AMOUNT FRANK W AMBRUS BAILIFF SERVICES 350.00 TREASURER PETTY CASH MEETING EXPENSE 29.75 MUNICIPAL COURT DEPT TOTAL 379.75 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 11.03 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 15.08 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 175.03 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 24.15 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 28.90 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 31.69 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 31.97 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 32.05 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 35.34 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 36.19 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 44.22 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 6.35 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 70.69 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 8.32 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 9.98 JPMORGAN CHASE COMMERCIAL CARD EMPLOYEE RELATIONS 45.25 OFFICE DEPOT OFFICE SUPPLIES 22.99 WORDCOM CARD STOCK 8.25 FUELMAN FUEL 109.05 TREASURER PETTY CASH MILEAGE REIMB- BISHOP /LOMBARDI 165.98 JPMORGAN CHASE COMMERCIAL CARD EMPLOYEE RELATIONS 159.64 JPMORGAN CHASE COMMERCIAL CARD COUNTRYSIDE FLOWER- 50.36 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - SWITCH 14.99 MANAGERIAL DEPT TOTAL 1,137.50 LOWES HOME IMPROVEMENT TRASH BAGS - SHREDDER 16.74 FINANCE DEPT TOTAL 16.74 SAMS CLUB OPERATING SUPPLIES 44.64 OFFICE DEPOT OFFICE SUPPLIES 25.99 CHARACTER TRAINING INSTITUTE CHARACTER BULLETINS 403.31 A N Z SIGNS & SHIRTS CHARACTER BANNER 489.25 TULSA WORLD CLASSIFIED ADS 278.27 REGIONALHELPWANTED.COM JOB ADVERTISING 141.55 NEIGHBOR NEWSPAPERS CLASSIFIED ADS 70.30 AMERICANCHECKED BACKGROUND CHECKS 608.70 TREASURER PETTY CASH MILEAGE REIMB- SOLENBERGER 16.49 TREASURER PETTY CASH CHAMBER LUNCH 30.00 JPMORGAN CHASE COMMERCIAL CARD REASOR'S- CHARACTER COUNCIL 11.66 HUMAN RESOURCES DEPT TOTAL 2,120.16 OFFICE DEPOT OFFICE SUPPLIES 59.42 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - SUPPLIES 70.11 TULSA COFFEE SERVICE COFFEE SUPPLIES 234.18 HEARTLAND CONSULTING CONSULTING SERVICES 10,500.00 AMERICAN WASTE CONTROL REFUSE SERVICE 129.00 VENDOR DESCRIPTION AMOUNT AEP /PSO 08/07 USE 5,180.85 OKLAHOMA NATURAL GAS 08/07 USE 228.18 TREASURER PETTY CASH MAILING 16.25 TREASURER PETTY CASH TAGS 62.00 JPMORGAN CHASE COMMERCIAL CARD L & M OFFICE - FURNITURE 954.72 GENERAL GOVERNMENT DEPT TOTAL 17,434.71 JPMORGAN CHASE COMMERCIAL CARD PACK AND MAIL PLUS -PLAT DRAWINGS 18.00 ATWOODS WORK BOOTS - DEMPSTER 92.99 FUELMAN FUEL 556.27 BJ GRAPHICS BLOCK PARTY -T SHIRTS 646.25 TULSA COUNTY MIS DIAL UP SERVICE 30.00 COMMUNITY DEVELOPMENT DEPT TOTAL 1,343.51 TRIAD PRINTING NAME PLATE - BARGAS 12.00 JPMORGAN CHASE COMMERCIAL CARD LOWE'S- INSPECTOR SUPPLIES 32.86 FUELMAN FUEL 547.12 ENGINEERING DEPT TOTAL 591.98 JPMORGAN CHASE COMMERCIAL CARD TRIANGLECABLE.COM- FIREWIRE CABLE 21.98 COX COMMUNICATIONS INTERNET FEES 379.95 STRATEGIC CONSULTING INTL GIS SYSTEM MAINT FEES 4,000.00 INFORMATION SYSTEMS DEPT TOTAL 4,401.93 OFFICE DEPOT OFFICE SUPPLIES 120.97 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - SUPPLIES 24.97 LOWES HOME IMPROVEMENT OPERATING SUPPLIES 27.24 LOWES HOME IMPROVEMENT PHYSICAL PROPERTY SUPPLIES 248.55 GRAYBAR ELECTRIC CO CABLE /ELECTRICAL PLATES 255.96 HEATWAVE SUPPLY CO PART -WATER HEATER 66.90 ROBERTSON PLUMBING SUPPLY PLUMBING SUPPLIES 102.42 ATWOODS TRAILER HITCH 139.99 FUELMAN FUEL 399.73 WORLEYS GREENHOUSE & NURSERY SHRUB TREATMENT 125.00 COX COMMUNICATIONS INTERNET FEES 69.95 SCHINDLER ELEVATOR SERVICE MAINT 630.09 TREASURER PETTY CASH DOC LUNCH 14.73 FUELMAN FUEL 294.54 EQUIPMENT ONE RENTAL & SALES RENTAL -BOOM LIFT 108.67 DALE & LEES SERVICE REPLACEMENT HVAC 3,015.00 SUPPORT SERVICE DEPT TOTAL 5,644.71 OWASSO TOP SOIL TOP SOIL 30.00 LOWES HOME IMPROVEMENT MULCH 14.91 FUELMAN FUEL 90.03 AEP /PSO 08/07 USE 16.14 CEMETERY DEPT TOTAL 151.08 OFFICE DEPOT OFFICE SUPPLIES 85.24 JPMORGAN CHASE COMMERCIAL CARD DELL MARKETING -SQUAD ROOM DRUM 48.95 SAMS CLUB OPERATING SUPPLIES 98.66 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL -EMS FIELD GUIDES 435.50 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - GLOVES 247.56 VENDOR DESCRIPTION AMOUNT JPMORGAN CHASE COMMERCIAL CARD BATTERIES DIRECT-NET-LAPTOP BATTERY 117.99 FUELMAN FUEL 10,773.83 JPMORGAN CHASE COMMERCIAL CARD STRATHE VET - ANNUAL EXAM 56.74 AEP /PSO 08/07 USE 3,361.22 OKLAHOMA NATURAL GAS 08/07 USE 86.37 TREASURER PETTY CASH PER DIEM -BELL 122.50 JPMORGAN CHASE COMMERCIAL CARD DECATUR ELECTRONICS -HAND RADARS 6,027.00 POLICE DEPT TOTAL 21,461.56 SAMS CLUB OPERATING SUPPLIES 130.68 JPMORGAN CHASE COMMERCIAL CARD BOB BARKER CO -JAIL SUPPLIES 211.16 JPMORGAN CHASE COMMERCIAL CARD BOB BARKER CO- SUPPLIES 124.92 WAL -MART COMMUNITY OPERATING SUPPLIES 4.46 JPMORGAN CHASE COMMERCIAL CARD OSU MEDICAL -FIRST AID MANUALS 175.00 JPMORGAN CHASE COMMERCIAL CARD POWERPHONE- TRAINING MAXEY /LONG 349.00 TREASURER PETTY CASH MILEAGE REIMB- CARRIER 97.49 POLICE COMMUNICATIONS DEPT TOTAL 1,092.71 SAMS CLUB OPERATING SUPPLIES 146.80 WAL -MART COMMUNITY OPERATING SUPPLIES 42.20 FUELMAN FUEL 201.37 AEP /PSO 08/07 USE 166.84 JPMORGAN CHASE COMMERCIAL CARD QUALITY INNS - REFUND OF SALES TAX (34.50) ANIMAL CONTROL DEPT TOTAL 522.71 OFFICE DEPOT OFFICE SUPPLIES 102.71 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - LOGBOOKS 99.96 SAMS CLUB OPERATING SUPPLIES 12.28 LOWES HOME IMPROVEMENT SUPPLIES (33.61) LOWES HOME IMPROVEMENT SUPPLIES 31.94 CULLIGAN OF TULSA BOTTLED WATER 29.40 WAL -MART COMMUNITY CLEANING SUPPLIES 15.98 A N Z SIGNS & SHIRTS NAME PLATES 18.00 JPMORGAN CHASE COMMERCIAL CARD GALLS - CLIPBOARDS 80.73 JPMORGAN CHASE COMMERCIAL CARD GALLS - COMMAND BAGS 129.20 JPMORGAN CHASE COMMERCIAL CARD GALLS - CLIPBOARDS 29.73 JPMORGAN CHASE COMMERCIAL CARD GALLS - COMMAND BAG 39.24 LOWES HOME IMPROVEMENT LIGHT BULBS /LADDERS 124.92 TREASURER PETTY CASH MEALS 127.95 MURPHY SANITARY SUPPLY CLEANING SUPPLIES 141.00 WAL -MART COMMUNITY OPERATING SUPPLIES 43.09 OKLAHOMA POLICE SUPPLY UNIFORM -WOODS 121.75 JPMORGAN CHASE COMMERCIAL CARD GALLS - UNIFORM CLARK/TREMAI N/I N GRAM 282.30 JPMORGAN CHASE COMMERCIAL CARD NAFE- UNIFORM APPAREL 801.00 JPMORGAN CHASE COMMERCIAL CARD GALLS - FLASHLIGHTS 159.58 THE IMAGE GROUP LETTERING - UNIFORMS 1,864.10 FIREQUIP COLLAR -TRUCK 47.41 CROW BURLINGAME COMPANY TRUCK PARTS 109.37 GAINES APPARATUS SERVICE REPAIR -PUMP MOTOR 316.56 FERRARA FIRE APPARATUS OIL DIP STICK -FIRE TRUCK 135.50 FUELMAN FUEL 2,463.71 JPMORGAN CHASE COMMERCIAL CARD NAFE- REPAIR PARTS 6.04 JPMORGAN CHASE COMMERCIAL CARD HOBBY LOBBY - MARKING SUPPLIES 15.62 VENDOR DESCRIPTION AMOUNT INTEGRIS AMBULATORY CARE CORP FIRE PENSION PHYSICAL -WOODS 450.00 AEP /PSO 08/07 USE 2,916.10 OKLAHOMA NATURAL GAS 08/07 USE 242.84 LOWES HOME IMPROVEMENT RANGE 519.00 GRAINGER SWITCH- OVERHEAD DOOR 92.61 LOWES HOME IMPROVEMENT SUPPLIES -ROOF LEAK 16.94 TULSA OVERHEAD DOOR REPAIR -BAY DOOR 409.34 BMI SYSTEMS OF TULSA COPIER RENTAUMAINT 230.35 JPMORGAN CHASE COMMERCIAL CARD LODGING - GARRETT 1,097.10 WESTERN HILLS GUEST RANCH LODGING -SALTS 240.00 INTERNATIONAL ASSOC OF FIRE CHIEFS TRAVEL - GARRETT 497.30 OWASSO FITNESS ZONE PHYSICAL FITNESS PROGRAM 285.00 MOTOROLA MOBILE RADIO 2,748.40 JPMORGAN CHASE COMMERCIAL CARD WALMART -FILE CABINET 31.30 FIRE DEPT TOTAL 17,091.74 AEP /PSO 08/07 USE 68.61 EMERGENCY PREPAREDNESS DEPT TOTAL 68.61 OWASSO TOP SOIL TOP SOIL 50.00 TWIN CITIES READY MIX CONCRETE - FAIRWAY STREET REPAIRS 2,228.50 BROWN FARMS SOD 35.00 MILL CREEK LUMBER & SUPPLY FORM BOARDS 19.94 UNIFIRST HOLDINGS UNIFORM /PROTECTIVE CLOTHING 83.86 GEORGE & GEORGE SAFETY & GLOVE UNIFORMS /PROTECTIVE CLOTHING 9.05 OWASSO FENCE SIGN POSTS 325.98 TULSA COUNTY BOCC TRAFFIC /STREET SIGNS 2,923.08 BAILEY EQUIPMENT SUPPLIES 1.00 FUELMAN FUEL 1,399.29 LOWES HOME IMPROVEMENT SMALL TOOLS /MINOR EQUIP 98.00 AEP /PSO STREET LIGHTS 13.74 AEP /PSO STREET LIGHTS 816.42 AEP /PSO 08/07 USE 1,196.68 AEP /PSO STREET LIGHTS 4,881.82 JPMORGAN CHASE COMMERCIAL CARD APW- MEMBERSHIP FEE 129.00 STREETS DEPT TOTAL 14,211.36 JPMORGAN CHASE COMMERCIAL CARD MAXWELL SUPPLY -MAN HOLE REPAIR 58.60 OWASSO TOP SOIL TOP SOIL 90.00 BLOSS SALES & RENTAL BLADES -MOWER 49.77 BROWN FARMS SOD 177.78 KING ENVIRONMENTAL PRODUCTS CHEMICALS -WEED CONTROL 395.05 UNIFIRST HOLDINGS UNIFORM /PROTECTIVE CLOTHING 74.02 GEORGE & GEORGE SAFETY & GLOVE UNIFORMS /PROTECTIVE CLOTHING 9.05 JPMORGAN CHASE COMMERCIAL CARD MELTON SALES - VEHICLE A/C REPAIR 121.78 FUELMAN FUEL 1,173.65 LOT MAINTENANCE OF OKLA VIDEO SEWER LINE SERVICE 675.00 TULSA NEW HOLLAND FLAIL MOWER 3,850.00 STORMWATER DEPT TOTAL 6,674.70 BROWN FARMS SOD 120.00 ATWOODS SUPPLIES 2.99 WATER PRODUCTS HYDRANT 38.00 VENDOR DESCRIPTION AMOUNT CINDY SIGNS BANNER 77.92 OFFICE DEPOT OFFICE SUPPLIES 5.94 LIBERTY FLAGS US FLAGS - VETERANS PARK 880.00 FUELMAN FUEL 681.85 ADT SECURITY SERVICES SECURITY SERVICES 45.74 D & SONS LAWN CARE MOWING -ATOR PARK 80.00 D & SONS LAWN CARE MOWING- CENTENNIAL PARK 999.00 D & SONS LAWN CARE MOWING- VETERANS PARK 60.00 D & SONS LAWN CARE MOWING -ATOR PARK 80.00 D & SONS LAWN CARE MOWING- CENTENNIAL PARK 999.00 D & SONS LAWN CARE MOWING- VETERANS PARK 60.00 AEP /PSO 08/07 USE 1,098.21 OKLAHOMA NATURAL GAS 08/07 USE 177.46 MISER ASPHALT COMPANY PARKING LOT - CENTENNIAL PARK 24,850.00 PARKS DEPT TOTAL 30,256.11 CHARACTER TRAINING INSTITUTE CHARACTER BULLETINS 36.00 OFFICE DEPOT OFFICE SUPPLIES 131.96 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - CAPTURE DEVICE 89.99 LOWES HOME IMPROVEMENT TOGGLE BOLTS 3.94 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - OFFICE SUPPLIES 21.98 FUELMAN FUEL 208.13 AEP /PSO 08/07 USE 1,821.29 OKLAHOMA NATURAL GAS 08/07 USE 61.71 COMMUNITY CENTER DEPT TOTAL 2,375.00 AEP /PSO 08/07 USE 215.54 OKLAHOMA NATURAL GAS 08/07 USE 6.60 HISTORICAL MUSEUM DEPT TOTAL 222.14 FUELMAN FUEL 151.57 JPMORGAN CHASE COMMERCIAL CARD CLARITAS- DEMOGRAPHIC SERVICES 1,095.00 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 19.27 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 7.27 JPMORGAN CHASE COMMERCIAL CARD MEETING EXPENSE 15.90 ECONOMIC DEVELOPMENT DEPT TOTAL 1,289.01 GENERAL FUND TOTAL 128,487.72 TREASURER PETTY CASH PARAMEDIC BOOK 61.04 LOWES HOME IMPROVEMENT VOLT BATTERIES 21.21 PACE PRODUCTS OF TULSA SUPPLIES 394.68 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL -EMS SUPPLIES 686.43 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - SUPPLIES 122.50 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - SUPPLIES 751.70 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - SUPPLIES 50.54 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - SUPPLIES 58.80 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - SUPPLIES 24.00 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - SUPPLIES 87.82 MEDICAL COMPLIANCE SPECIALTY INC BIO -WASTE DISPOSAL 282.00 PACE PRODUCTS OF TULSA RENTAL - OXYGEN CYLINDERS 323.96 EXCELLANCE AUTO EJECT /COVER 391.36 CROW BURLINGAME COMPANY TERMINAL CRIMP 18.00 VENDOR DESCRIPTION AMOUNT ATC FREIGHTLINER GROUP TRUCK SEAT 400.00 FUELMAN FUEL 2,083.30 FULLERTON WELDING SUPPLY OXYGEN SUPPLIES 848.00 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - STETHOSCOPE 167.76 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL - SUPPLIES 165.73 JPMORGAN CHASE COMMERCIAL CARD PRENTICE HALL -BOOKS 422.75 AMBULANCE SERVICE FUND TOTAL 7,361.58 TOTAL RADIO RADIO MAINTENANCE 675.00 TOTAL RADIO E911 ELECTRICAL RECONFIGURATION 1,860.00 E911 FUND TOTAL 2,535.00 YOUTH SERVICES OF TULSA COUNSELING SERVICES 83133 YOUTH SERVICES OF TULSA REFERRALS 400.00 JUVENILE COURT FUND TOTAL 1,233.33 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - DRAINAGE 3,462.70 MESHEK & ASSOCIATES, P.L.C. ENGINEERING -THREE LAKES DAM 789.14 LEE SHEPHERD AAA PLUMBING INSTALL WATER LINE - GARNETT 1,900.00 STORMWATER MGMT FUND TOTAL 6,151.84 TREASURER PETTY CASH PARKING /FILING EASEMENT 88.00 TREASURER PETTY CASH SEWER LINE PERMIT 100.00 BKL INCORPORATED ARCHITECTURAL SERVICES - STATION #3 3,990.00 CROSSLAND HEAVY CONTRACTORS CONSTRUCTION - STATION #3 213,894.90 CAPITAL IMPROVEMENTS FUND TOTAL 218,072.90 OFFICE DEPOT OFFICE SUPPLIES 23.77 O'REILLY AUTOMOTIVE OPERATING SUPPLIES 76.82 FUELMAN FUEL 55.30 AMERIFLEX HOSE & ACCESSORIES HYDRAULIC HOSE -TRASH TRUCK 212.40 ENLOW TRACTOR PARTS - TRACTOR 22.30 T & W TIRE TIRES -CITY VEHICLES 3,384.38 B & M OIL COMPANY OIL /FLUIDS 1,225.64 O'REILLY AUTOMOTIVE PARTS FOR RESALE 2,631.47 ATC FREIGHTLINER GROUP PARTS FOR RESALE 1,332.17 TULSA NEW HOLLAND PARTS - BACKHOES 181.28 CLASSIC CHEVROLET PARTS FOR RESALE 89.63 CLASSIC CHEVROLET PARTS FOR RESALE 299.38 UNITED FORD PARTS FOR RESALE 147.12 AEP /PSO 08/07 USE 496.63 OKLAHOMA NATURAL GAS 08/07 USE 48.74 O'REILLY AUTOMOTIVE TRAINING -MOODY 79.95 LENOX WRECKER SERVICE TOWING CHARGE - BACKHOE 125.00 LENOX WRECKER SERVICE TOWING CHARGE - POLICE CAR 74.00 BREAK B GONE INSTALL WINDSHIELD- POLICE CAR 185.00 TULSA NEW HOLLAND SERVICE - BACKHOE 271.75 CLASSIC CHEVROLET REPAIR SERVICE -TRUCK 1,308.72 CITY GARAGE FUND TOTAL 12,271.45 UNITED SAFETY & CLAIMS THIRD PARTY ADMIN FEES 1,450.00 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICES 125.00 VENDOR DESCRIPTION AMOUNT CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICES 1,069.50 CITY OF OWASSO IMPREST ACCOUNT MEDICAL CLAIMS 50.60 CITY OF OWASSO IMPREST ACCOUNT MEDICAL CLAIMS 983.96 CITY OF OWASSO IMPREST ACCOUNT SETTLEMENTS 1,105.00 CITY OF OWASSO IMPREST ACCOUNT SETTLEMENTS 1,633.00 WORKERS COMP FUND TOTAL 6,417.06 FOSTERS PAINT & BODY SHOP TORT CLAIM 349.40 MATTHEW ATWOOD TORT CLAIM 68.00 TOO EXTREMES AUTO BODY TORT CLAIM 4,070.47 SELF INSURANCE FUND TOTAL 4,487.87 GRAND TOTAL 387,018.75 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 08/21/07 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 22,338.63 HEALTHCARE MEDICAL SERVICE 11,726.48 STOP LOSS FEES 12,764.64 ADMIN FEES 14,189.70 HEALTHCARE DEPT TOTAL 61,019.45 VSP ADMIN FEES 1,123.05 VISION DEPT TOTAL 1,123.05 HEALTHCARE SELF INSURANCE FUND TOTAL 62,142.50 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 9/1/2007 Department Overtime Expenses Total Expenses fill, .,<E ;: �� .. ;.' 4 .. _ ._.. 5,583.54 Managerial 21.36 23,854 ,« , Human Resourses - 7,405.41 �01-11, ftl ME _ ,N? Enqineerinq - 16,174.27 Support Services - 9,769.68 Central Dispatch 488.60 12,952.12 Fire 5,000.05 109,503.57 Streets - 10,915.44 Park Maintenance - 14,632.35 Historical • 1• BEEN I= 2; Garage Fund - 6,182.36 Ambulance Fund 2,203.72 25,194.51 Emeraencv 911 Fund 162.85 4.409.54 Workers Compensation 950.40 CITY OF OWASSO GENERALFUND FISCAL YEAR 2007 -2008 Statement of Revenues & Expenditures As of August 31, 2007 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTALREVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay TOTAL EXPENDITURES REVENUES OVER EXPENDITURES TRANSFERS IN (OUT): Transfers in Transfers out TOTALTRANSFERS NET CHANGE IN FUND BALANCE FUND BALANCE (GAAP Basis) Beginning Balance Ending Balance MONTH YEAR TO -DATE TO -DATE PERCENT BUDGET OFBUDGFT $ 1,421,715 $ 2,857,207 $ 17,883,000 15.98% 25,993 52,267 303,500 17.22% 39,362 76,598 421,500 18.17% 20,508 36,355 276,500 13.15% 49,604 102,377 680,000 15.06% 6,345 15,423 115,300 13.38% 1,563,526 3,140,227 19,679,800 15.96% 806,206 64,831 124,059 115,626 1,627,504 79,637 206,506 148,021 452,804 1,078,560 10,914,875 605,661 1,513,057 1,581,181 14,614,774 14.91% 13.15% 13.65% 9.36% 5,065,026 21.29% 847,098 1,701,766 10,520,000 16.18% (1,323,291) (2,664,514) (16,501,125) 16.15% (476,194) (962,749) (5,981,125) 16.10% (23,390) 115,812 (916,099) 5,133,169 $ 5,248,981 FUND BALANCE (Budgetary Basis) Beginning Balance 3,785,063 3,119,928 Ending Balance $ 3,900,875 $ 2,203,829 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER PROJECT MANAGER SUBJECT: N. 145' EAST AVENUE OVERLAY PROJECT, REJECTION OF BIDS DATE: September 12, 2007 BACKGROUND: During the last two years, the Capital Improvement Projects (CIP) Fund has provided for the annual expenditure of $1,000,000 for the repair and/or resurfacing of residential and non- residential roadways throughout the city. Rehabilitation sites have been evaluated and selected based on a comprehensive assessment of roadway conditions. The selection process was aimed at maximizing a return on the city's investment by increasing roadway lifecycle and minimizing fixture maintenance costs while enhancing overall roadway driving conditions and public safety. The North 145th East Avenue Overlay Project consists of base repair work, overlay and striping of North 145th East Avenue between East 96th Street North and East 106th Street North (see Attachment A). A Notice to Bidders was published in the Owasso Reporter on June 26, 2007, and July 3, 2007. Facsimile notifications were sent directly to local contractors and submitted to local plan rooms. A mandatory pre -bid meeting was conducted on July 16, 2007, with four (4) contractors in attendance. ANALYSIS OF BIDS: Bids were opened on July 27, 2007, at 2:30 pm with three (3) contractors submitting the following bids (base bid and alternates): Contractor Bid Sum APAC- Oklahoma $ 303,508.25 Becco Contractors, Inc. $ 335,678.00 Horizon Construction Co., Inc. $ 352,137.75 A review of the submitted bids was conducted by Public Works Engineering personnel and all bids were found to be complete and accurate. N. 145th Overlay Project Page 2 of 2 RECOMMENDATION: Subsequent to the advertisement for bids, staff learned that Tulsa County road crews would be available later in the year to install the overlay part of the project. The savings to the City by allowing Tulsa County road crews to install the overlay is approximately $50,000. APAC- Oklahoma was contacted to inquire if they would be interested in the base repair work only, thereby allowing Tulsa County crews to do the overlay. APAC - Oklahoma advised they would not be interested. Therefore, staff recommends Council reject all bids received for this project and authorize staff to re -bid the overlay project along with the additional FY 2007 -2008 Street Rehabilitation proj ects. ATTACHMENTS: Location Map ATTACHMENT A FY 2006 -2007 PAVEMENT REPAIR I CITY OF OWASSO PHASE II Legend - PROJECT LOCATION 111 N. Main Street 0 P.O. Box 180 Owasso, OK 74055 North IIS MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT nlTTB1VrUED TO -PRESENT AN ACCURATE AND TRUE SCALE_ USE OF THIS MAP IS W1TI:IOUT 918.376.1500 AI2I -FY OR REPP- USBNTATION 13Y CITY OF OWASSO OF ITS kCCi_7RACY. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DAVID WARREN PARKS DIRECTOR SUBJECT: BID AWARD SPORTS PARK BALL FIELD LIGHTS DATE: SEPTEMBER 12, 2007 BACK GROUND: The FY 2007 -08 Budget includes funding for several different capital improvement projects throughout the City of Owasso. These projects received their funding as a result of the City's third penny sales tax election in the fall of 2003. Included in that project list was funding to provide improvements to the new Sports Park land. In August 2007, the Parks Department began the process of advertising for bids in order to provide for the installation of baseball field lighting. The bid packet was developed with a base bid specification. A total of six (6) bid packets were distributed following the advertisement for bids, with a total of four (4) bids submitted and opened on September 5, 2007. A copy of the bid tally sheet is attached for your information and review. A review of the bids submitted indicates that all bids were in compliance with specifications. However, further review indicated staff concerns with the control panel specifications as listed in the bidding packet. RECOMMENDATION: Staff is recommending Council reject all bids for the Sports Park Baseball Field Lighting Project due to an error in the bid specifications and authorization for staff to rebid the lighting project. ATTACHMENTS: 1. Bid tally Sheet CITY OF OWASSO, OKLAHOMA SPORTS PARK SOUTH FIELD #1 LIGHTING Bid Opening: September 5, 2007 2:30 p.m. Number of Bids: 4 Bids Opened By: Marcia Boutwell Witness: David Warren Robert Bird BIDDER TOTAL BASE BID Shawnee Electric, Shawnee, OK $159,496.00 Wise Electric, Owasso, OK $174,400.00 K C Electric, Enid, OK $178,304.00 Ridgeland Enterprises, Clarkridge, AR $187,268.00 Certification: I, Marcia Boutwell, Contract Administrator, do hereby certify that, to the best of my knowledge, this Bid Documentation is true and correct. Signature: /s/ Marcia Boutwell Date: Sept 5, 2007 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: REQUEST FOR ANNEXATION — (OA- 07 -05) DATE: September 12, 2007 BACKGROUND: The City of Owasso has received request to review and approve the annexation and rezoning of approximately 76.37 acres, located south of East 86th Street North, approximately' /4 mile west of N. Memorial Road. Along with the annexation, the request is to rezone the property from AG Agricultural to RS -3 Single - Family Residential. EXISTING LAND USE: Large Lot Residential / Agriculture SURROUNDING LAND USE: North: Large Lot Residential / Agriculture South: Large Lot Residential / Agriculture East: Large Lot Residential / Agriculture West: Large Lot Residential / Agriculture PRESENT ZONING: AG (Agriculture District) Tulsa County DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning, and can happen concurrently with annexation. In order to develop the property the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. ANNEXATION REVIEW PROCESS: The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The applicant must submit as part of the request a signed petition requesting the annexation, an accurate legal description and map of the property being requested for annexation, and a certified 300' radius report so that staff may send legal notices to surrounding property owners. Upon receipt of all appropriate materials, the staff initiates the review process which begins with a thorough analysis of the request. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials, and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits, an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted, the ordinance is circulated to the appropriate regional and national agencies for recording and altering maps. ANALYSIS: The applicant is requesting to annex approximately 76.37 acres, located south of East 86th Street North, approximately 1/4 mile west of N. Memorial Road. It is the applicant's intention to develop the property for residential single - family use. Therefore, this application is in conjunction with a rezoning request of RS -3 (Residential Single - Family). The preliminary plat for the property is expected to be submitted to the Planning Commission in the near future. The annexation was considered by the Owasso Annexation Committee on July 25, 2007. At that meeting, the annexation committee unanimously recommended approval of the annexation. This item was heard by the Owasso Planning Commission in August 2007. There were citizens present at the August meeting requesting the Commission to reconsider the proposed zoning and lot sizes. The Commission voted to table the annexation and rezoning request due to a lack of representation by the owner /applicant. The item was again heard by the Planning Commission on Monday, September 10, 2007. City staff recommended approval of the annexation and rezoning. At the meeting, five citizens spoke against the rezoning portion of the request. The main theme of the opposition was that the subject property is surrounded by agricultural and large -lot land uses that would not be compatible with RS -3 zoning. Other concerns expressed included fears that residents of future development on the property would trespass and harm existing adjacent properties, drainage problems would worsen, and traffic on E. 86`h Street North would become more congested. The applicant stated that the requested zoning represented a natural progression of growth, and that plans had already been prepared that propose a number of residential lots for the property that would be less than the maximums allowed by RS -2 zoning, but that RS -3 zoning was sought because some of the lot sizes would not be allowed in an RS -2 district. The Planning Commission then discussed the item. Issues that were considered included what options the commission had in making its decision, how conditions in the area have changed over the past four years, and whether a split zoning could be considered for the property — zoning a portion of the property for RS -3 and a different portion of the property for RS -2. The Planning Commission determined that a split zoning could be considered, however, the applicant needed time to evaluate such a zoning and did not commit to a decision at the meeting. The Planning Commission voted 3 -1 to approve the annexation and rezone the property from AG Agricultural to RS -2 Single - Family Residential, a zoning classification that would allow for less density than the requested RS -3 zoning. Since that meeting, the applicant has evaluated the zoning decision and has verbally changed the request from annexation and RS -3 zoning to annexation and split zoning. The zoning pattern that is now proposed would result in RS -2 zoning for land adjacent to large residential lots to the northwest of the subject property, and RS -3 zoning for the remainder of the subject property. RECOMMENDATION: The staff recommends approval of the request for annexation, and approval of a rezoning for the property— such that the portion of the subject property adjacent to the large residential lots to the northwest, containing 9.54 acres, be rezoned from AG (Agricultural) to RS -2 (Single - Family Residential) and that the remainder of the subject property, containing 66.84 acres, be rezoned from AG (Agricultural) to R8-3 (Single - Family Residential). ATTACHMENTS: 1. General Area Map 1_ Iplll9l ^w nx I�1//N0 >m wM RN lM ITCH. SAY 101E RH iAE.._] ulE R9-! MneruUm Lpd Dsncrlptldn Or SECRON IIVFTIiY AX (]B) OE IOYM5111� INFHtY -ME %'1/1) )MM AND RAN SIRR A. (IJ) EAST OF ME INDIAN BASE ANO 4lTldAH (I.B.m2.) ACCgN'NO TO ME U.S. COIERNNDIT SUR1E1', HEREOF, NESA CDI NTY, STATE M d1UWONA, BONE 441E PARRODURIY DESCRIBED AS III ROAM UNE or SAID NE/. A{ STAIICCE 4Q 1316.0]RFI WPM >d111 BFONNINO BDNC ME NE Y.A. OF ME NW /4 OF SAID XE /1: MENFE 5 011{'03' E A 4IYA— K 2BIJ,50 TEET 10 ME SE CORNFP TO ME SW /4 Di SAID XE /It MDIr£ H BB'{J'10' E A DISTANCE rt 1310.45 AEET i0 ME sF CoI1XEA of 5ND NE /4; M[HLE 5 011113 E ALd1E ME EAST UHE Or 5^10 SEC 1B A dSTANx OF 1650 FEES{ MENfE S BBW'K' M 16.5 fEET SWM AND PARALLFE UST N M A I -S OF BSIIBO�F LT, ADIlFN1RN. — OF ;TM OI�RDEBEA WO OF SE]]13,CE W. A CWW? I GN Or 816.14 — FOIE A DISTAANDE OF BBI,JB R to A vdNt CN ME FAST I Or ME NE /4 4 ME NW /4 I SND 54/Y, or 5 OI�Y]J' E A d Y "' OF S.JS iFEi TO ME EE DOXN[R A• SAID NE /{ HW /{ SE /1 MEHCE S BB'N'I{' W A 015tANCE D< 1]20.19 FEET N — 9e 00— M — NW /4 OF ME NN /4 Or SAID SE /4; M If 1110'4 W A OISTNrCE OF FEET Yo TIE NW "SHEII OF ME SW /4 Or SAID NE /M: E X .0.41'4!' E AC011E MC NOAH UNE W 5N0 SN /4 NE/ ISTAx¢ OF 093.16 FEED EXCE N OR4'0I' W A d6cw¢ OF !06.00 Fk£T; HENCE N B0Y1'41' E A OISTANCT OF 190.00 AS,' Mplr£ N 0124'0]' W A STANDE 6 ]!5.00 FEET TO — NORM UNE OF SAID NE/4: 1NSHCE H 9 '41'42' E A DISTANCE or 3]!.00 AEET N ME PdNT M BERNNIXE. A11D —TAOAa T0.]3 ACRES , MORE 0A IF55 %, 114". Rrk S+1rr6yinanrl LAnrl SDrT a fn4LAnrl Scry a fna R 13 E EAST MTH STREET NORTH F T e a zT A N z EAST 76TH STREET NORTH Location Map scAAD 1. 2B9D F$F So,& V -200' 0 6 w b T c 'n c 0 ANNEXATION AND ZONING EXHIBIT POINT OF or NW /{ NINC NE Cab T OE NE/{, SEC. 16, T -21 -N. R -1J -E of Part of the SE /4 and the NE /4 . Section 26, T -21 -N, R -13 -E Tulsa County, Oklahoma MneruUm Lpd Dsncrlptldn Or SECRON IIVFTIiY AX (]B) OE IOYM5111� INFHtY -ME %'1/1) )MM AND RAN SIRR A. (IJ) EAST OF ME INDIAN BASE ANO 4lTldAH (I.B.m2.) ACCgN'NO TO ME U.S. COIERNNDIT SUR1E1', HEREOF, NESA CDI NTY, STATE M d1UWONA, BONE 441E PARRODURIY DESCRIBED AS III ROAM UNE or SAID NE/. A{ STAIICCE 4Q 1316.0]RFI WPM >d111 BFONNINO BDNC ME NE Y.A. OF ME NW /4 OF SAID XE /1: MENFE 5 011{'03' E A 4IYA— K 2BIJ,50 TEET 10 ME SE CORNFP TO ME SW /4 Di SAID XE /It MDIr£ H BB'{J'10' E A DISTANCE rt 1310.45 AEET i0 ME sF CoI1XEA of 5ND NE /4; M[HLE 5 011113 E ALd1E ME EAST UHE Or 5^10 SEC 1B A dSTANx OF 1650 FEES{ MENfE S BBW'K' M 16.5 fEET SWM AND PARALLFE UST N M A I -S OF BSIIBO�F LT, ADIlFN1RN. — OF ;TM OI�RDEBEA WO OF SE]]13,CE W. A CWW? I GN Or 816.14 — FOIE A DISTAANDE OF BBI,JB R to A vdNt CN ME FAST I Or ME NE /4 4 ME NW /4 I SND 54/Y, or 5 OI�Y]J' E A d Y "' OF S.JS iFEi TO ME EE DOXN[R A• SAID NE /{ HW /{ SE /1 MEHCE S BB'N'I{' W A 015tANCE D< 1]20.19 FEET N — 9e 00— M — NW /4 OF ME NN /4 Or SAID SE /4; M If 1110'4 W A OISTNrCE OF FEET Yo TIE NW "SHEII OF ME SW /4 Or SAID NE /M: E X .0.41'4!' E AC011E MC NOAH UNE W 5N0 SN /4 NE/ ISTAx¢ OF 093.16 FEED EXCE N OR4'0I' W A d6cw¢ OF !06.00 Fk£T; HENCE N B0Y1'41' E A OISTANCT OF 190.00 AS,' Mplr£ N 0124'0]' W A STANDE 6 ]!5.00 FEET TO — NORM UNE OF SAID NE/4: 1NSHCE H 9 '41'42' E A DISTANCE or 3]!.00 AEET N ME PdNT M BERNNIXE. A11D —TAOAa T0.]3 ACRES , MORE 0A IF55 %, 114". Rrk S+1rr6yinanrl LAnrl SDrT a fn4LAnrl Scry a fna LEGAL DESCRIPTION CARRINGTON POINTE RS -2 A tract of land located in the Northeast Quarter (NE /4) of Section Twenty -six (26) of Township Twenty -one (21) North and Range Thirteen (13) East of the Indian Base and Meridian (I.B. &M.) according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma, being more particularly described as follows: Commencing at the NE corner of the NE /4 of Sec 26, T -21 -N, R -13 -E, I.B. &M.; Thence S 88 °41'42" W along the north line of said NE /4 a distance of 981.87 feet to the Point of Beginning; Thence N 88 °41'42" E along the north line of said NE /4 a distance of 170.00 feet; Thence S 01'40'52" E a distance of 922.03 feet; Thence S 88 °41'42" W a distance of 297.51 feet; Thence S 01'24'03" E a distance of 544.76 feet; Thence S 88 °42'45" W a distance of 695.41 feet; Thence S 01 °20'41" E a distance of 101.29 feet; Thence S 88 °39'19" W a distance of 165.00 feet; Thence N 01"20'41" W a distance of 246.45 feet; Thence N 88 °42'45" E a distance of 693.27 feet; Thence N 01'24'03" W a distance of 566.71 feet; Thence N 88 °41'42" E a distance of 290.00 feet; Thence N 01024'03" W a distance of 755.00 feet to the Point of Beginning, and containing 9.54 acres, more or less. 130761g1- rs2.doc LEGAL DESCRIPTION CARRINGTON POINTE RS -3 A tract of land located in the Northeast Quarter (NE /4) and the Southeast Quarter (SE /4) of Section Twenty -six (26) of Township Twenty -one (21) North and Range Thirteen (13) East of the Indian Base and Meridian (I.B. &M.) according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma, being more particularly described as follows: Commencing at the NE corner of the NE /4 of Sec 26, T -21 -N, R -13 -E, I.B. &M.; Thence S 88 °41'42" W along the north line of said NE /4 a distance of 1316.87 feet to the Point of Beginning being the NE corner of the NW /4 of said NE /4; Thence S 01'24'03" E a distance of 2643.58 feet to the SE corner to the SW /4 of said NE /4; Thence N 88 °43'48" E a distance of 1319.45 feet to the SE corner of said NE /4; Thence S 01028'23" E along the east line of the SE /4 of said Sec 26 a distance of 16.50 feet; Thence S 88 043'48" W 16.5 feet south and parallel with the north line of said S64 a distance of 810.08 feet; Thence along a curve to the left having a radius of 653.80 feet, a central angle of 77 °14'22 ", a chord bearing of S 37 °12'39" W, a chord length of 816.14 feet for a distance of 881.38 feet to a point on the east line of the NE /4 of the NW /4 of said SE /4; Thence S 01'24'32" E a distance of 5.36 feet to the SE corner of said NE 14 NW /4 SE /4; Thence S 88 °44'14" W a distance of 1320.19 feet to the SW corner of the NW /4 of the NW /4 of said SE /4; Thence N 01'20'41" W along the west line of the E/2 of said Sec.26 a distance of 1735.52 feet; Thence N 88 °39'19" E a distance of 165.00 feet; Thence N 01'20'41" W a distance of 101.29 feet; Thence N 88 °42'45" E a distance of 695.41 feet; Thence N 01'24'03" W a distance of 544.76 feet; Thence N 88 °41'42" E a distance of 297.51 feet; Thence N 01'40'52" W a distance of 922.03 feet to the north line of said NE/4; Thence N 88 °41'42" E a distance of 165.00 feet to the Point of Beginning, and containing 66.84 acres, more or less. 130761gl- rs3.doc MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: REQUEST FOR REZONING (OZ 07 -06) DATE: September 12, 2007 BACKGROUND: The City of Owasso has received a request to review and approve the rezoning of Lot 1, Block 1, Sherrill Estates from RS -3 (Residential) to OM (Office Medium), located at 102 West 11th Street North. A general area map has been attached for your review. EXISTING LAND USE: Residential SURROUNDING LAND USE: North: Commercial South: Residential East: Residential West: Residential PRESENT ZONING: RS -3 (Residential) DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. In order to develop the property the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. Specific development concerns, such as drainage, traffic, water /wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting to rezone one lot located directly south of Sokolosky Medical Clinic at 102 West 11th Street North, from RS -3 (Residential) to OM (Office Medium). It is the applicant's intent to use the property as a real estate office. The staff is currently reviewing and updating the Owasso 2025 Land Use Master Plan. This zoning change is in compliance with the proposed update to the plan. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. Any new construction or expansion will be required to follow the guidelines set forth by the Owasso zoning code and will require site plan approval and a building permit. The Planning Commission considered the request at their September 10, 2007 meeting. At that meeting, the applicant expressed a willingness for the property to be rezoned to OL (Office Light) rather than OM (Office Medium). The Planning Commission approved the rezoning to OL (Office Light) by a vote of 4 -0. RECOMMENDATION: Staff recommends approval of OZ 07 -06, rezoning the subject property from RS -3 (Single - Family Residential) to OL (Office Light). ATTACHMENTS: 1. General Area Map RECOMMENDATION: Staff recommends Council award a contract for the construction of a baseball field at the Sports Park to FIT Construction of Tulsa, Oklahoma in the amount of $286,394.50. ATTACHMENTS: 1. Bid tally Sheet 2. Advertisement for Bids 3. Map of Project Area Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com oom J 1 I"CCC 1 iv W 10 ST N W 9 ST N OZ U7 -06 I- cn Z Q af O Z -71 T i E 11 ST N MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DAVID WARREN PARKS DIRECTOR SUBJECT: BID AWARD SPORTS PARK BASEBALL FIELD DATE: September 12, 2007 BACKGROUND: The FY 2007 -08 Budget includes funding for several different capital improvement projects throughout the City of Owasso. These projects received their funding as a result of the City's third penny sales tax election in the fall of 2003. Included in that project list was funding to provide improvements to the new Sports Park land. In August 2007, the Parks Department began the process of advertising for bids in order to provide for the first baseball field. The bid packet was developed with a base bid specification. The base bid included the installation of the ball field at the new Sports Park, along with associated dirt work, fence and gate installation, and sod. A total of nine (9) bid packets were distributed following the advertisement for bids, with a total of four (4) bids being submitted and opened on September 5, 2007. A copy of the bid tally sheet is attached for your information and review. A review of the bids submitted indicates that all bids received were in compliance with bid specifications. Staff is prepared to recommend the award of the ball field to FIT Construction, L.L.C. of Tulsa, Oklahoma as they were the qualifying low bidder at $286,394.50. While FIT Construction has not previously performed bid work for the City of Owasso, the company was recently awarded the Three Lakes Dam Project and staff received a satisfactory reply regarding their references. FUNDING• Funds for the baseball field improvements were included within the Capital Improvements Fund. CITY OF OWASSO, OKLAHOMA SPORTS PARK SOUTH FIELD #1 Bid Opening: September 5, 2007 2:00 p.m. Number of Bids: 4 Bids Opened By: Marcia Boutwell Witness: David Warren Robert Bird BIDDER TOTAL BASE BID F.I.T. Construction, LLC, Tulsa, OK $286,394.50 Mangum Construction, Inc, Broken Arrow, OK $338,000.00 Jones Plan Inc, Tulsa, OK $402,956.90 Tri -Star Construction, LLC, Claremore, OK $439,814.98 Certification: I, Marcia Boutwell, Contract Administrator, do hereby certify that, to the best of my knowledge, this Bid Documentation is true and correct. Signature: /s/ Marcia Bout-well Date: Sept 5, 2007 Sep 06 07 12:54p Special Projects 918 - 272 -4966 p.2 PUBLISHER'S AFFIDAVIT CONSTRUCT 375' BALL FIELD, ETC PUBLICATION DATE(S) 08/07/07, 08/14/07 CASE NUMBER: CONSTRUCT 375' BALL FIELD, ETC INVOICE NO: 00037286 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Wsa I SS 1, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a daily newspaper of general circulation in Tulsa, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) Representative Signature Subscribed to and sworn to me this 15th day of August, 2007. Notary Public `� 7 " � NAN Y CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 53.36 ! NokirNkCYCAR MOORE y Nu k - Slate of Oldotioea Tuba County . -_ My COmMWM BON December 8, 2010 -- . COrrunbslort # 06011684 37296 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, August 7 & 14, 2007. NOTICE TO BIDDERS Scaled Bids for LIGHTING OF THE 375' BALL FIELD AT THE OWASSO SPORTS PARK SOUTH will be received by the City of Owasso at the Owasso City Hall, 111 North Main, PO Box 180, Owasso, Oklahoma 74055 until 2:30 pm, on the 5th day of September, 2007, and then at said City Hall publicly opened and read aloud. Said improvements shall include all items in the specdi- cations. A MANDATORY pre -bid conference will be held at 2:00 p.m. on August 27. 2007 at Owasso City Hall. A failure to attend the mandatory pre -bid conference will disqualify the bidder from bidding on the project. Further information regarding specifications and bidding documents can be obtained by contacting the Director of Parks at 371 -7975 du, ing regular working hours. Copies of the Contract Documents may be purchased at Owasso City Hall upon payment of Twenty Dollars (320.00) tot each set, which is the cost of reproduction and will NOT be refunded. /s/ Marcia Boutwell Marcia Boutwell, Contract Administrator August 7, 2007 MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: RODNEY J. RAY CITY MANAGER ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PELIVAN PUBLIC TRANSPORTATION PILOT PROJECT DATE: September 14, 2007 BACKGROUND: Over the past twelve months, the Owasso Community Resources Center (OCR) has identified public transportation as a primary area of concern facing Owasso citizens who do not have consistent means of private transportation. Based on this finding, OCR contacted Pelivan Transit to investigate the potential of providing public transportation to the Owasso area. Pelivan Transit is a demand - response transportation service operated by the Grand Gateway Economic Development Association that focuses on providing transportation to individuals who do not consistently have private means of transportation. This year, Pelivan has received a federal grant that would enable the organization to offer transportation services in the Owasso area using two new six - passenger minivans. While this grant would cover the majority of costs for such services, a local match requirement is necessary to complete the funding for the program. In anticipation of the Pelivan program, the City included with the FY2007 -2008 budget $10,000 in funding to help pay for the service. At the time the budget was being developed, it was anticipated that several businesses would join together in a consortium of businesses to pay for the local match cost requirement of the grant, and that the cost to each participant would be decreased because of the number of participating entities. The effort to build the consortium of businesses has yet to be successful. Recently, Pelivan received information that solidifies what the requested municipal contribution will be for FY 2007 -2008: $41,975. The breakdown of costs for the pilot project is as follows: Total Cost: $235,730 Federal Grant: $150,805 State Grant: $37,950 Advertisement from Baptist Village: $5,000 City Subsidy request: $41,975 PROJECT DESCRIPTION: Pelivan Transit is a non -profit organization that operates primarily on funding from governmental and corporate entities, including federal and state grants, municipalities, and businesses. Started in 1985, Pelivan currently provides service to five counties in northeastern Oklahoma with a fleet of 28 vehicles comprised mainly of minivans. The organization is headquartered in Big Cabin, Oklahoma in the offices of Grand Gateway, a council of governments that serves northeastern Oklahoma in a manner similar to INCOG, which serves the Tulsa area. While Pelivan's transportation services are available to everyone, the organization focuses on transporting elderly citizens and disabled citizens to destinations such as doctor's offices and shopping centers. Pelivan proposes to assign two vehicles and one dispatcher in Owasso beginning this fall. The service would be provided Monday through Friday from 8:00 am to 4:00 pm. While the location of the program in Owasso has not yet been confirmed, there is space available in the Owasso Community Center that Pelivan can use as a point of dispatch for their operations. Pelivan has not conducted a ridership survey of the Owasso area. However, they have projected, based on statistics from other service areas, that the ridership will be 12,500 annually. In anticipation of offering transportation services to Owasso, Pelivan has prepared the following tentative fares schedule: City: Rural Route: Variable Distance Fare: Airport/Bus Lines Shuttle: Road -to -Work: Under 60 years /age $2.00 /one way $3.00 /one way $0.50 /mile 24hr reservation/varies $1.75 /one way PROJECTED REQUEST FOR FY 2008 -2009• Over 60 years /age $1.75 /one way $2.50 /one way $0.50 /mile 24hr reservation/varies $1.75 /one way Pelivan Transit has also provided the City of Owasso with budget projections for next year (FY 2008 - 2009), in the hope that the pilot project proves to be successful enough to justify continued operations in Owasso beyond the first year. With figures based upon the assumption that the organization will continue to use the same two vans in the second year, the projections are calculated as follows: Administration Total: $31,579 Operations Total: $160,488 Grand Total Expenditure: $192,067 Less Fare Box Revenue: $23,375 Net Total Expenditure: $168,692 Breakdown of Net Total Expenditure: $168,692 Federal Grant $92,241 State Revolving Fund $11,765 Advertising $12,000 City Subsidy Request $52,686 It should be noted that an estimated $12,000 is to be generated from advertising. The accuracy of this figure is unknown; while Pelivan Transit does have some experience in the Pryor area with generating revenue by using window space on their vehicles for private advertisements, one cannot be certain of the level of participation that Owasso companies will provide for advertisements. Of course, many factors could cause the projected second year budget to change. While the federal and state grants appear stable, other considerations such as the success of the pilot project, the amount of fare box revenue that will be generated, and the amount of advertising funds that will be generated, remain estimations at this point. Pelivan has made an attempt to keep their projections conservative, and the staff believes the projections are reasonable, but it is instructive to keep in mind that the City's subsidy request for the second year may reach as high as $65,000. AMOUNT OF PUBLIC SUBSIDY: One of the points of analysis was the amount of taxpayer subsidy that will be required to pay for the proposed transportation service. Both the City staff and Pelivan have analyzed this issue, and have arrived at similar figures. The staff estimates that the total tax subsidy per passenger ride will be $11.70. Pelivan has submitted an estimate that the total tax subsidy per passenger ride will be $11.00. The staff's formula used to arrive at the subsidy calculation is listed as follows: Total One -Year Project Cost excluding vehicle acquisition: $155,000 One -Year Average Vehicle Acquisition Cost: $14,600 (Assuming a vehicle life of five ears) Total Cost: $169,600 Less Fare Box Revenue: $23.375 Net Cost: $146,225 Divided by annual total ridership: 12.500 rides Total tax subsidy = $11.70 per ride ANA1.VCrc- In analyzing the proposed transit pilot project, the staff evaluated service, cost, and subsidy. One area that remains to be evaluated is need, which until the service becomes operational can only be speculated. Owasso does have a significant population of retirees, suggesting a ready demand for public transportation, but the potential use of the proposed service remains only an estimate. FUNDING: The City currently has $10,000 budgeted for the program for this fiscal year and the request from Pelivan is for $41,975. The difference in the two figures is significant, and if approved will require a supplemental appropriation from the City's fund balance (reserves). The City's policy is to maintain a 15% reserve contingency. That reserve is designed to provide funds in the event of 1) a critical emergency need that arises unexpectedly and requires an immediate reaction and 2) an opportunity that is afforded to the City that was unexpected and could result in a savings or improvement and expansion of services. Currently the City's budgetary fund balance is $2,203,829. That represents an excess of $76,859 over the 15% reserve requirement. Even though maintaining the 15% reserve level is not a state or federal requirement (it represents a Council policy that directs the City Manger to submit a budget with that level of "projected ending" fund balance), and the Council may at any time appropriate funds from those reserves for any purpose, this request for $41,975 will not reduce the fund balance below that 15% level. It should be noted however, that in the event the advertising and fare revenues estimated for the first year of operation do not meet the projections, the matching cost to the City will be greater by the amount of that difference. COMMENTS AND NOTES: The staff has been supportive of this and other public transit concepts and believes that the impact of public transportation initiatives will "drive" future investment, growth, and quality of life. This particular operator and their demonstrated track record lend further credibility to this opportunity for an initial program. At this point, there is nothing that indicates the not - for - profit operator or the program has issues that would preclude the staff's support of this request from an operational perspective. The staff is currently reviewing the operator's previous audits. The review should be completed by September 18, 2007 City Council meeting. Comments from other cities in which Pelivan operates have been positive and indicate a well operated service that has good community support. The staff does have a continuing concern about funding a multi-year (on- going) program outside the context of the annual budget process. Such an action could constitute the perception of commitment that would be carried -over to following budget years. That somewhat automatically takes next year's funds away from consideration for any other priorities for future budgets. Utilizing reserves to fund this first year of operation has the net effect of removing $52,000 from next year's department operating and capital requests. The staff has previously supported requests for "off- budget" expenditures and most likely will in the future ask the City Council for approval of other such requests for one -time appropriations from the City's reserves. The staff concern is more focused on the impact of funding an on -going program without considering where the program would "fit" in the broader context of all the City's priorities. REQUEST: The City Council is being asked to fund the first year of an "on demand" public transportation program operated by Pelivan Transit, a not - for - profit corporation. The staff recommends Council consideration of the impact of funding an on -going program from the City's reserve Rinds. Consideration however, should also be given to the benefit of funding the request now; if Councilors believe the program being offered is the "right" program and that it would in fact be authorized in the following budget years, then the approval of this request is appropriate. RECOMMENDATION: The staff recommends Council approval of the appropriation and expenditure of funds not to exceed $31,975 for the purpose of providing the match requirement necessary to implement the first year cost of service for Pelivan Transit, a demand response transportation service, and authorization for the City Manager to execute all necessary documentation relating to the implementation of such service. ATTACHMENTS: 1. Correspondence from Pelivan Transit dated September 6, 2007 2. Budget summary for pilot project first year and estimates for second year 3. Pelivan cities' comparison survey Sep ut ul 03:011 PELIVAN TRANSIT 918 - 783 -5051 p.2 rand Gateway Economic Development Association September 6, 2007 Rodney I Ray, City Manager City of Owasso Staff and Council 111 N. Main Owasso, OK 74055: Mr. Ray, City of Owasso Staff and Council: (918) 783 -5793 Fax: (918) 783 -5786 This Ietter is intended to inform the City of Owasso's City Manager and Council about significant factors related to the proposed transportation services for the citizens of the City of Owasso. The following summarizes various matters of concern to be communicated to you for the upcoming decision at the City of Owasso Council Meeting scheduled for Tuesday, August 21, 2007 @ 6:30 p.m. 1) Annual Budget for a 2 -ADA mini -van operation $235,730.00 Federal 5311 Grant $10.805.00 OK State Revolving Fund (Start-up) $ 37,-950.00 Consortium of Owasso Businesses $ 26,000.00 Remaining Local Match Request S 20,975.00 2) The Baptist Village has budgeted 526,000 to be applied to this year's transportation needs with an additional $3,000 for vehicle advertising, if needed. 3) A consortium of businesses has voiced an interest in donations and advertising sales on the vans are available to businesses. Enclosed is a 501(c) 4 declaration from IRS which will be a tax benefit for the businesses who are for - profit. This would help matters in canvassing the City of Owasso businesses for added support. Canvassing sales follow the City of Owasso's commitment for the transportation services. Future agency contracts such as DHS TANF, Soonerrides, and area community services along with the medical professions would generate added fares to the public's needs as well. 4) Area demand response needs for medical, shopping, social, employment, and other transportation needs will be provided to the City of Owasso's elderly, disabled individuals, as well as the general public. Airport shuttles and commuter routes are becoming popular in communities in Oklahoma as well as our nation. We are advancing toward "Going Green" as public transits assists in decreasing our nation's dependency on foreign fuel through commuting and alternative fuel sources. (Current vehicle funding for alternative fuel can be 90 to 100% funding). Fuel station availability is the issue. 5) A 2 -year Budget Summary is attached for review which has a 4.5% cost of living adjustment for the 2 "d year operations utilizing 2 vans. 6) Kenneth LaRue, Manager of Transit Programs with the Oklahoma Department of Transportation has stated that the Transportation Reauthorization Acts have continually been renewed for over 20 years since the 1980's. SAFETEA -LU is the latest 333 S. Oak Street • P.O. Drawer B • Big Cabtn, OK 74332 Sep 07 07 03:07p PELIVAN TRANSIT 918 - 783 -5051 p.3 City of Owasso Transportation Services — FY2008 Page 2 transportation reauthorization act that provides funding for the 2006 through 2009 fiscal years. The next transportation reauthorization act is already underway. He pointed out that the transit funding has been popular with legislators and the fact that our population is aging and a growing demand for transportation services will continue to be an item of focus for federal and state funding: Grand Gateway's Pelivan Transit System will continue funding opportunities in the future and have operated since the inception of the transit programs for over 20 years now. I am available to attend the City of Owasso Council meetings as needed and will be available for any questions regarding the proposed transportation services for the City of Owasso. I appreciate your slogan, "A City of Character" and look forward to providing any assistance in helping the needs of the people in your community_ Sincerely, Debra S. McGlasson PeIivan Transit Director Enclosures PELIVAN TRANSIT 1ST YEAR START -UP/ 2ND YEAR OWASSO BUDGET SUMMARY 10/1/07 - 9/30/08 10/1/08 - 9/30/09 2nd Year + 4.5% COLA 1st Year Start-up 2 ADA Vans 2 ADA Vans PELIVAN TRANSIT: SUMMARY 12,500 12,500 CITY OF OWASSO /Demand Response 15.470% 15.470% Transportation Services (FY08 /FY09) 90,500 90,500 ADMINISTRATION Director Salary $5,744 $5,497 Secretary Salary $2,359 $2,257 Bookkeeper Salary $4,128 $3,950 Fringe,total 1 $6,727 $6,438 Audit (Indirect) $162 $155 Legal Service $0 $0 Travel, Administrative $1,293 $1,238 Advertising 1 $1,374 $1,315 Subscriptions /Membership Fee $1,051 $1,006 Training Program $1,132 $1,083 Office furnishings $242 $232 Indirect Cost $7,204 $6,894 Drug Testing $162 $155 TOTAL $31,579 $30,219 Federal 75% $23,684 $24,176 Local 25% $7,895 $6,044 OPERATIONAL Route Supr. Salary $3,170 $3,033 Dispatcher Salary $15,153 $14,500 Clerk/Rt. Supervisor $2,396 $2,293 Drivers Salary $33,691 $32,240 Mechanic Salary Fringe, total 1 $29,925 $28,636 Travel, operational $485 $464 Vehicle Insurance $9,405 $9,000 Insurance, other Office /Garage Space $0 $3,600 Supplies Telephone $1,617 $1,547 Utilities Printing Postage Interest Expense Fuel 12.75 gal /2008, 3.00 gal/2009 $27,150 $24,888 Vehicle Maintenance, repairs $4,180 $4,000 Building Maintenance, repairs Equipment Maintenace, repairs $200 Indirect Cost $32,047 $30,667 Fees & Licensing $165 $158 Transportation Service Agreements Vehicle Service Agreement 10/1/07 - 9/30/08 10/1/08 - 9/30/09 PELIVAN TRANSIT 1ST YEAR START -UP/ 2ND YEAR OWASSO BUDGET SUMMARY 10/1/07 - 9/30/08 10/1/08 - 9/30/09 2nd Year + 4.5% COLA 1st Year Start-up 2 ADA Vans 2 ADA Vans Equipment Service Agreement Miscellaneous $905 $866 SUB -TOTAL OPERATIONAL $160,488 $155,892 Less Fare Box Revenue $23,375 $23,375 NET TOTAL OPERATIONAL $137,113 $132,530 Federal 50.00% $68,557 $66,265 Local 50.00% $68,557 $66,265 100% Capital Acquisitions (2 Vans FY -2008) $73,000 Federal 83% $0 $60,380 Local Match 17% $0 $12,620 GRAND TOTAL $168,692 $235,730 Fed. Share $92,241 $150,805 Local Share $76,451 $84,925 Federal 5311 Grant $92,241 $150,805 Federal 5309 Grant State Revolving Fund $11,765 $37,950 Consortium Businesses $26,000 $26,000 Advertising $12,000 City Subsidy Request $26,686 $20,975 10/1/07 - 9/30/08 10/1/08 - 9/30/09 z z LL LL za 0 0 0o 0 LL LL J �M) _J z Q 7 QQ w CO a O � 0 0 � m o m o o m ff W ¢ M Ia M w N a) _ 'a N Oaw w c w O cn Z zo S o 2�E c F U W F m m °° °° Q W Ir C9 Qaa)) a-aw to a() of C9W 0 S F- a 0 co ov U) Z o w o o z co Q O. 0 0 o U) m U) Oct) a w 0 to O U F-Z , < Z Z Fz� z UW j» co �> _�� LL KN OrLu W w ww CY0� -OR �� x000 00 a" °� 0 J 0 � 0 0 0 o J Q 0 0 0 0 0 W O 7 = 0 ~ O O 0 0 0 0 O N r w z CO m co 10 U V N LO ~-a w to W W W r z 10 �(pp N �p V L N 7 V w M 6,6 Lo 0 �- a' O lA cq OD F- N co co 0) 0 of to W op N w 4 OQ aqg x¢ LL 0� CL =W 0 U)z �H~9�� t4 �G Q �ira� U U N ~ It z U 00 ww U Oz W N W ~ V1 (NO N M co l� M U 1- N M (6 16 O n V N V' In (6 OD L ('7 M r --� O) M 0 Q ~¢ Q to N E!9 (o (A M (f9 H9 N EA Q LL N( (!9 EA V F 0 LL(H Go � 11 a W Q Q N z 0 � LL L LL F = mV ~I n L co 1- V ul rn W 1--M O¢ O W ()w to N ti W t f� U �V�pp U) 2 m m Cl) u9�t19 (1) u9 tN d9 O (NO trfi V Lf) I-- J m �w 4 4 0Y LL LL } ¢ U J O O Z W z I' W >> w W > W > w >> W Q W W W W W W W w z¢Q¢Q QQ z(A (q LL) NW W m M a In a fn a [n a fn s N W W JUUU = Q� LLI = w w w w w w = W W W > O W z W > > (O > N > A > M 'co > > M W > > N > > M N 2 to to N F- U) W U W Q z M W Q� 00 ¢ a w w w a ~ w z (n00O w Z 0 a H = a D Z) 0} U y O zLUgQ ¢ Oa, CO wo f z Z of J Q ww OcooM1OZ O to OJ O W wU coocnw� O LL_ J a (n w40ofo >_ _ O� a (,,,Qa� u) a ,iii }<�Qa LLz >- 0 0w ULL(922 a> ,LOHE 1- z1D 3 SPEAKER SIGN -IN SHEET Please print your name if you desire to address the Council on an agenda item. Please note that all presentations are limited to three (3) minutes. "'�3.ZrOAn1 Ed"OK S! J 11. 12. 13. 14. 15. SPEAKER SIGN -IN SHEET 04lea print your name if you desire to address the Council on an nda item. Please note that all presentations are limited to three (3) minutes. Name / 1 Agenda Item # 7. /U LCe- '\-)Uauxc I 8. ti9. �l3nt�L 1.t� �3r) 1o. J3_Rmt-s W 1 Son /I 12. 13. 14. 15. j Sign -in Sheet for Agenda Item 8 (Arkansas River) Consideration and appropriate action relating to a request for Council approval of Resolution No. 2007 -11, a resolution in support of Arkansas River Corridor improvements and support of the proposed funding of such improvements. Please Print your name and your desire to speak "Opposed" to Council Agenda item number 8. 3 , A 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: LEASE AGREEMENT BETWEEN THE CITY OF OWASSO AND KOURTIS REALTY LTD., CO. DATE: September 12, 2007 BACKGROUND: In connection with the Garnett widening project, the service road along the west side of N. Garnett Road between E. 86th Street North and E. 96th Street North was removed creating an excess of right -of -way. Specifically, approximately 18,377 square feet of land located immediately north of East 16th Street and adjacent to Ron's Hamburgers remains excess right -of- way following the completion of the widening project. This land is owned by the City and, although not used for any purpose, remains the responsibility of the City to mow and maintain. The landowner of the property upon which Ron's Hamburgers is located has requested that the City lease the subject 18,377 square feet of property to them for a period of ninety -nine (99) years with four (4) additional ten (10) year renewal options available to the lessee. Nominal rent would be paid by the lessee to the City. However, the lessee would mow and maintain the property thereby relieving the City of that responsibility and expense. In addition, the lessee has expressed its intent to pave at least a portion of this property for use as an additional parking area for Ron's Hamburgers; thereby alleviating overflow parking on dirt as currently occurs. Because the lessee intends to construct permanent improvements on the subject property, the City would agree to reimburse the lessee on a declining percentage scale for those improvements if, within the first five (5) years of the lease term, it were necessary to terminate the lease to widen the existing right -of -way or locate utilities on the property. Pursuant to the City Council's direction at the July 10, 2007 meeting when this item was originally discussed, the Community Development staff has researched potential uses of the property, taking into account its location and physical characteristics. The staff has concluded that the right -of -way is larger than is needed for traffic and drainage flow which would allow the area at issue to be used for certain other purposes, including use of the land for a paved parking lot. However, the right -of -way cannot be used to erect permanent buildings of any type. Staff has also determined that the affected area falls significantly short of meeting the bulk and area requirements needed to develop the property on its own. In keeping with direction provided by the Council at the July 10, 2007 meeting, staff has researched the possibility of locating any viable business on the property in issue. As a result, staff has concluded that the physical characteristics of the property prohibit development because the property is too small and fails to meet bulk and area requirements. Failure to meet these requirements prohibits the locating of a business or structure of any type on this property. In addition, a water main is located near the western edge of the property. While a parking lot may be constructed over a water main, buildings may not be built over them. In summary, the physical characteristics, the property's failure to meet bulk and area requirements, and the location of the water main all serve to prevent this property from being developed commercially. Thus, the property is suitable for only limited use. RECOMMENDATION: Staff recommends City Council approval of the proposed Lease Agreement between the City of Owasso and Kourtis Realty Ltd., Co., and authorization for the Mayor to execute the Lease Agreement. ATTACHMENTS: Lease Agreement Map Illustrating Location of Right -of -Way LEASE AGREEMENT STATE OF OKLAHOMA ) KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TULSA ) THIS LEASE AGREEMENT (the "Lease ") is made and entered into by and between CITY OF OWASSO, an Oklahoma municipal corporation (the "Lessor "), and KOURTIS REALTY LTD., CO., an Oklahoma limited liability company (the "Lessee "). WITNESSETH: WHEREAS, Lessor is the owner of that certain parcel of land located in the City of Owasso, County of Tulsa, State of Oklahoma being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (the "Lessor's Property "); and WHEREAS, Lessee is desirous of leasing the Lessor's Property from Lessor, and Lessor is agreeable to same, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the foregoing Lessor's Property and the mutual and respective covenants and undertakings of Lessor and Lessee hereunder, such parties hereby agree as follows: ARTICLE I DEMISE AND DESCRIPTION OF LESSOR'S PROPERTY 1.01. In consideration of the mutual promises herein made, and subject to all of the terms and conditions hereof, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts, takes and hires from Lessor, the Lessor's Property free and clear of all liens, restrictions and other encumbrances other than those matters of public record (the "Permitted Exceptions "). Notwithstanding anything to the contrary contained herein, Lessor and Lessee acknowledge and agree that the Lessor's Property may be improved, in Lessee's sole discretion, with a hard -top parking surface, landscaping and related improvements (the "Improvements "). By its execution hereof, Lessor irrevocably covenants and agrees that (1) Lessor shall cooperate with Lessee in connection with the Improvements, as aforesaid, including, without limitation, executing any documentation required of a lessee in connection therewith; (ii) the leasehold estate and all rights, title and interests hereby created shall be and remain subject, inferior and subordinate to the Plat of Ator Heights III Addition without the necessity of any further action or writing by Lessee or any other party; and (iii) Lessee shall be fully responsible for the construction and maintenance of the Improvements during the Term (hereinafter defined in Section 2.01) of this Lease. Page l of 13 ARTICLE II TERM ANDRENEWAL OPTION 2.01. The stated term of this Lease shall be for the period commencing at 12:00 a.m., local time, in Owasso, Oklahoma on October 1, 2007 (the "Commencement Date ") and, unless sooner terminated pursuant to the terms hereof, ending at 11:59 p.m., local time in Owasso, Oklahoma, on September 30, 2106. The stated term of this Lease, as same may be and is properly renewed and extended in accordance with Section 2.02 below or any amendments properly entered into by and between Lessor and Lessee, shall be referred to as the "Term" of the Lease. 2.02. Provided that Lessee shall not then be in default hereunder, then Lessee shall have and is hereby granted four (4) separate and distinct options to renew and extend the Term of this Lease, each for an additional ten (10) years upon the same terms and conditions as herein provided. Lessee shall exercise such renewal and extension option by giving Lessor written notice thereof not less than thirty (30) days prior to the originally scheduled expiration of the Term of the Lease. Failure by the Lessee to timely and properly exercise the renewal and extension option shall constitute a waiver thereof and, if applicable, any subsequent option to extend the Term of this Lease. 2.03. During the Term of this Lease, as same may be extended, the Improvements shall be owned by Lessee. ARTICLE III RENT 3.01. As base rental (the "Base Rent ") for the Term of this Lease, Lessee binds and obligates itself to pay Lessor, one Dollar ($1.00) upon execution of this Lease and One Dollar ($1.00) per year thereafter on the 15"' day of each January, commencing January 15, 2008. ARTICLE IV TAXFC 4.01. Lessor represents and warrants that the Lessor's property is exempt from ad valorem taxes and, therefore, Lessee shall not be obligated to pay any property taxes. ARTICLE V USE OF LESSOR'S PROPERTY AND COMPLIANCE WITH LAWS 5.01. The Lessor's Property shall be used by Lessee for parking, access, landscaping, utility and ancillary purposes to the commercial business purposes located in Ator Heights III. 5.02. Notwithstanding anything to the contrary contained herein, Lessee, at its sole cost and expense, shall promptly execute and fulfill any and all applicable orders, directives and requirements and otherwise comply with any and all applicable codes, rules, regulations, Page 2 of 13 ordinances, statutes and laws, orders, decrees and the like (collectively, the "Applicable Laws ") of the municipal, county, state and federal governments, and all agencies, commissions, boards or departments thereof and all other official, public, governmental or quasi - governmental institutions, authorities, subdivisions or instrumentalities having jurisdiction over the Lessor's Property which in any way relate to Lessee's use or occupancy of the Lessor's Property; provided, however, in no event shall Lessee be responsible for any damages or costs of any required or necessary repair, cleanup, detoxification or other remedial work to cure or correct any violation of or to return the Lessor's Property to compliance with the Environmental Response, Compensation and Liability Act of 1980, as, amended by the Superfund Amendment and Reauthorization Act of 1986, the Resource Conservation and Recovery Act, as amended, the Federal Water Pollution Control Act, as amended, the Clean Air Act, the Toxic Substances Control Act, the Emergency Planning and Community Project to Know Act of 1986, and all other Applicable Laws relating to environmental issues or conditions or industrial health or hygiene (collectively, the "Environmental Laws "). Notwithstanding anything herein to the contrary, Lessee represents and warrants that it will not hereafter, nor will it allow any of its agents, employees, contractors or any other person acting by, through or under it, to violate any Environmental Laws. 5.03. Notwithstanding anything to the contrary contained herein, Lessee shall comply with any and all applicable Permitted Exceptions. 5.04. Lessor hereby represents and warrants to its current actual knowledge that the Lessor's Property is in compliance with all Applicable Laws, Environmental Laws and the Permitted Exceptions. ARTICLE VI MAINTENANCE, REPAIRS AND PAVED AND LANDSCAPED AREAS 6.01. Lessee, at its sole cost and expense, shall maintain, repair, and replace all portions of the Improvements on the Lessor's Property. Lessee, at its sole cost and expense shall at all times keep all portions of the Lessor's Property in good order, condition, and repair and in a clean, sanitary, and safe condition and in accordance with any and all Applicable Laws. Lessee shall not cause waste, damage, or not cause injury to the Lessor's Property. Lessee will surrender and deliver up the Lessor's Property upon the expiration of the Term of this Lease, or its earlier termination, in the same condition which existed after the completion of the Improvements. In the event the Lessor needs to terminate this Lease as to all or a portion of the Lessor's Property during the Term of this Lease for purposes of widening the existing right -of- way or utility relocation on the Lessor's Property, Lessor may do so upon sixty (60) days prior written notice and without penalty or cost except for reimbursement to the Lessee by Lessor for improvements made to the property by Lessee. This amount of reimbursement shall decrease annually as follows: The Lessor shall reimburse the Lessee for the cost of the Improvements (a) 100 % in Year 1; (b) 80% in Year 2; (c) 60% in Year 3; (d) 40% in Year 4; and 20% in Year 5. Notwithstanding anything herein to the contrary, except as provided above, the Lessor shall not be responsible for making any repairs to the property in the event utility construction, maintenance or relocation is required on the Lessor's Property. Page 3 of 13 ARTICLE VII cTC,,'NJc 7.01. Lessee, at its sole cost and expense, without approval of Lessor, shall have the exclusive right to erect or attach to the Lessor's Property such signs as it may deem proper and necessary, provided that each such sign complies with all Applicable Laws. ARTICLE VIII ASSIGNMENT AND SUBLETTING 8.01. Lessee may transfer or assign this Lease or any interest herein, may sublease all or any part of the Lessor's Property, may mortgage, pledge or hypothecate its leasehold interest, may grant any concession or license within the Lessor's Property, without the prior written consent of Lessor, in its sole and absolute discretion. ARTICLE IX EMINENT DOMAIN 9.01. If ten percent (10 %) or more of the Lessor's Property is permanently taken, and the remaining portion will not be reasonably adequate for the operation of Lessee's business after the completion of such repairs or alterations as is necessary to continue operations of the Improvements, either Lessor or Lessee shall have the right to elect to terminate this Lease within thirty (30) days after the taking of permanent possession by public authority by delivering written notice thereof to the other. If neither Lessor nor Lessee elects, or they are not entitled to elect, to terminate this Lease, as aforesaid, then (a) Lessee shall remain in possession of the remainder of the Lessor's Property not so taken, in which event this Lease shall terminate on the portion of the Lessor's Property taken from the day possession thereof shall be required by the public authority, and (b) all the terms of this Lease shall continue in effect with respect to the portion of the Lessor's Property not taken through the expiration of the Term of this Lease. 9.02. If the whole or any part of the Improvements shall be taken by any public authority under the power of eminent domain, or deed in lieu thereof, Lessor shall be entitled to receive and retain all compensation, awards and the like paid or payable by the condemning authority with respect thereto, and payment to Lessee for any improvements made shall be paid By Lessor to Lessee subject to the schedule of compensation set forth in Section 6.01, in any event not to exceed the total amount of compensation received by Lessor. ARTICLE X CASUALTY 10.01. In the event the Lessor's Property or the Improvements, or any part thereof shall be damaged by casualty, Lessee shall give prompt written notice thereof to Lessor, and Lessee shall receive the proceeds from any Casualty Insurance. Reimbursement for damage to any improvements made by Lessee shall be made to Lessee by Lessor subject to the annual schedule Page 4 of 13 of compensation set forth in Section 6.01, in any event not to exceed the total amount of proceeds received by Lessor. ARTICLE XI LESSOR'S LIABILITY 11.01 Except in the event of a wrongful eviction of Lessee by Lessor, Lessor's liability for breach of any covenant hereof shall be expressly limited to the recovery against the Lessor's interest in the Property. If Lessor sells or transfers all or part of the Property, such transfer shall be subject to all the terms and conditions of this Lease including (without limitation) Lessee's Right of First Refusal as more particularly provided in Article XVI. Lessor shall not be liable for any injuries or damages occurring on the Property during the term of this lease, and Lessee hereby agrees to indemnify Lessor for any such damages which Lessor may be required to pay arising out of accidents, injuries or occurrences on the Property during the lease term. ARTICLE XII FORCE MAJEURE 12.01. Whenever a period of time is herein prescribed for the taking of any action by either party, such party shall not be liable or responsible for, and there shall be excluded from the computation of such period, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental law, regulations or restrictions or any other cause whatsoever beyond the control of the obligated party, not to exceed thirty (3 0) days. ARTICLE XIII RECORDATION 13.01. Lessee shall not record this Lease without the written consent of Lessor; provided, however, that either Lessor or Lessee, upon the request of the other, shall join in the execution of a memorandum or so called "short form" of this Lease for the purposes of recordation. Said memorandum or "short form" of this Lease shall describe the parties, the Lessor's Property and the Term of this Lease only and shall incorporate the other provisions of this Lease by reference. ARTICLE XIV QUIET ENJOYMENT 14.01. So long as Lessee shall timely and properly pay the Base Rent, and otherwise perform and satisfy all other obligations, duties and responsibilities required hereunder, Lessee shall during the term hereof freely, peacefully and quietly enjoy and occupy the Lessor's Property for the Term of the Lease, subject only to the Permitted Exceptions and the terms and conditions hereof. Page 5 of 13 ARTICLE XV ENCUMBRANCE OF LEASEHOLD 15.01. Notwithstanding anything contained in this Lease to the contrary, Lessee may, at any time and from time to time, encumber the leasehold interest by deed of trust, mortgage, or other security instrument, without obtaining the consent of the Lessor, but no such encumbrance shall constitute a lien on the fee title of Lessor, and the indebtedness incurred by the encumbrance shall at all times be and remain inferior and subordinate to Lessor's fee simple estate in the Lessor's Property. References in this Lease to "Lender" refer to any person or entity to whom the Lessee has encumbered its leasehold interest. 15.02. At any time after execution and recordation in Tulsa County, Oklahoma, of any mortgage or deed of trust encumbering Lessee's leasehold interest, Lender shall notify Lessor in writing that the mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to such Lender or to any agent or representative designated by such Lender, at the addresses given, duplicate copies of all written notices which Lessor gives or serves on Lessee under and pursuant to the terms and provision of this Lease after the receipt of such a notice from Lender. 15.03. Lessor hereby agrees to subordinate any lien it has against the Lessee or Lessee's property in favor of any lender who extends funds to Lessee for the purpose of financing the Improvements and to promptly execute any and all such reasonable documents required by Lessee's lender to evidence Lessor's subordination of Lessor's lien. ARTICLE XVI MISCELLANEOUS 16.01. No amendment, modification, or alteration of the terms of this Lease shall be binding unless it is in writing, dated contemporaneous with or subsequent to the date of this Lease, and duly executed by the parties to this Lease. 16.02. Any notice, demand, request or other communication required, given or made under or in connection with this Lease shall be deemed delivered, upon receipt, if hand delivered, or whether actually received or not, when deposited in a regularly receptacle for the mail, sent by certified mail, return receipt requested, postage prepaid, addressed as follows: Tf to T.e -..nr- City of Owasso Attn: City Manager P.O. Box 180 Owasso, OK 74055 Page 6 of 13 If to Lessee: With a copy to: Kourtis Realty Ltd., Co. E. Robert Buss Attn: Pete Kourtis P.O. Box 240 P.O. Box 419 Owasso, OK 74055 Owasso, OK 74055 16.03. This Lease shall be construed under and in accordance with the laws of the State of Oklahoma and is performable in Tulsa County, Oklahoma. 16.04. This Lease shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns, whether voluntarily or by operation of law. 16.05. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 16.06. If any action at law or in equity is brought by the Lessee, Lessor shall not be responsible for the payment of Lessee's attorney's fees. 16.07. The parties hereby declare that it is impossible to measure in money the damages which will accrue to a parry hereto, its successors or assigns by reason of a failure to perform any of the obligations under this Lease. Therefore, if a party hereto, or its legal representatives, successors, or assigns shall institute any action or proceeding to enforce the provisions hereof, any person against whom such action or proceeding is brought hereby agrees that specific performance may be sought and obtained for any breach of this Lease. 16.08. This Lease and all other copies of this Lease, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one Lease. This Lease may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 16.09. This Lease contains the entire agreement between the parties with respect to the subject matter hereof, and Lessor and Lessee hereby acknowledge that they are not relying on any representation or promise of the other, or of any agency or cooperating agent, except as may be expressly set forth in this Lease. 16.10. Whenever herein the singular number is used, the same shall include the plural, and vice versa, and words of any gender shall include each other gender. 16.11. Lessor hereby grants to Lessee a right of first refusal and option to purchase the Lessor's Property in accordance with the terms of this Section 16.11, and fully subject to all statutory requirements requiring Lessor to obtain bids prior to sale of the property. Provided that Lessee is not then in default hereunder, upon receipt by Lessor of an acceptable, bona fide Page 7 of 13 written offer from a third party to purchase the Lessor's Property, as evidenced by a written contract encompassing all of the terms and conditions pertaining thereto (the "Third Party Contract "), Lessor shall provide written notice thereof to Lessee, together with a copy of the Third Parry Contract (collectively, the "Notice "). Within fifteen (15) business days following Lessee's receipt of the Notice, Lessee may elect to exercise its right of first refusal and option to purchase the Lessor's Property upon the same terms and conditions set forth in the Third Party Contract by delivering written notice thereof to Lessor, accompanied by a written contract containing the identical terms and conditions as the Third Party Contract (the "Lessee's Contract "). In the event that Lessee timely exercises its right of first refusal and option to purchase the Lessor's Property as aforesaid, Lessor shall execute the Lessee's Contract, and Lessor and Lessee shall proceed to closing thereunder, and Lessor shall convey title to the Lessor's Property to Lessee by general warranty deed, subject only to the Permitted Exceptions, provided that the parties shall enter into a mutual termination of this Lease. If, for any reason, Lessee does not timely and properly exercise its right of first refusal and option to purchase the Lessor's Property, as aforesaid, or thereafter fails to timely consummate the closing thereunder, for any reason other than due to Lessor's default under the Lessee's Contract, Lessee shall be deemed to have waived its right of first refusal and option to purchase the Lessor's Property; provided, however, that in the event Lessee fails to timely and properly exercise its right of first refusal with respect to a particular Third Party Contract, but the closing thereunder is not consummated, Lessee's right of first refusal shall apply to the next Third Party Contract. Page 8of13 EXECUTED by Lessor on this day of September, 2007. LESSOR: CITY OF OWASSO an Oklahoma Municipal Corporation ATTEST: Sherry Bishop, City Clerk Stephen Cataudella, Mayor APPROVED AS TO FORM AND CONTENT: Jiffle Trout Lombardi, City Attorney Page 9 of 13 EXECUTED by Lessee on this day of , 2007. LESSEE: KOURTIS REALTY LTD., CO. Pete Kourtis, Manager Page 10 of 13 STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) Before me, the undersigned, a Notary Public, in and for said County and State, on this day of June, 2007, personally appeared Stephen Cataudella, Mayor of the City of Owasso, to me proved to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed in his capacity as Mayor of said municipal corporation, for the uses and purposes herein set forth. IN WITNESS WHEREOF, I hereunto set my official signature and affixed my notarial seal the day and year last above written. Notary Public My Commission Expires: STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) Before me, the undersigned, a Notary Public, in and for said County and State, on this day of June, 2007, personally appeared Pete Kourtis, Manager of Kourtis Realty Ltd., Co., to me proved to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of said corporation for the uses and purposes herein set forth. IN WITNESS WHEREOF, I hereunto set my official signature and affixed my notarial seal the day and year last above written. My Commission Expires: Notary Public Page 11 of 13 EXHIBIT "A" Legal Description [To be attached] Page 12 of 13 EXHIBIT "B" Permitted Exceptions [To be attached] 1. Building lines and utility easements as shown on Plat for Ator Heights Third Addition to the City of Owasso, Tulsa County, State of Oklahoma. 2. Terms, conditions, provisions and easements of Right of Way Easement to Public Service Company of Oklahoma shown at page 92 of the abstract as shown in document dated March 1, 1956, and filed March 6, 1956, in Book 2663 at Page 561; as modified by Partial Release of Easement at page 93 of the abstract as shown in document dated January 23, 1973, filed January 24, 1973 in Book 4053 at Page 87. 3. Terms, conditions, provisions and easements of Dedication Deed at page 116 of the abstract to State of Oklahoma for Public Highway as shown in document dated March 30, 1959 and filed May 19, 1959, in Book 2966 at Page 510. 4. Terms, conditions, provisions and easements of Right of Way Agreement to Oklahoma Natural Gas Company shown at page 118 of the abstract as shown in document dated June 18, 1959, and filed July 6, 1959, in Book 2979 at Page 379. 5. Terms, conditions, provisions and easements of Right of Way Easement to City of Owasso shown at page 119 of the abstract as shown in document dated January 21, 1965, and filed January 22, 1965, in Book 3536 at Page 358. 6. Terms, conditions, provisions and easements of Dedication Deed at page 121 of the abstract to County of Tulsa for Public Highway as shown in document dated February 20, 1967 and filed February 20, 1967, in Book 3798 at Page 307. 7. Terms, conditions, provisions and easements of Right of Way Easement to Public Service Company of Oklahoma shown at page 137 of the abstract as shown in document dated May 11, 1967, and filed May 31, 1967, in Book 3808 at Page 679. 8. Terms, conditions, provisions, and dedications described in Quit Claim Deed at page 144 of the abstract to Town of Owasso as shown in document dated November 27, 1970 and filed December 15, 1970, in Book 3949 at Page 1411. Page 13 of 13 a d X w N n n EXHIBIT 'A' R 14 E EAST 96TH STREET NORTH < a of e G T ° I W Z 519 N O `e D Z 3 by d*' s ' z 1 s°; EAST 86TH STREET NORTH I 60.00' Location Map 47.61 SCALE 1' =2000' \ Z �O W O., Z _. ... ti. _...... .... .. �_. J � N � M J Scale: 1"=100' i /V) � N Excess Property PDe j i 18,337f Sq.Ft. / 44.7 s000' -N / East 16th Street 7 A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE /4) OF THE SOUTHEAST QUARTER (SE /4) OF SECTION NINETEEN (19) OF TOWNSHIP TWENTY —ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF LOT 3 OF BLOCK 5 OF ATOR HEIGHTS THIRD ADDITION ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N 1'18'19" W ALONG THE EAST LINE OF SAID ATOR HEIGHTS THIRD ADDITION A DISTANCE OF 397.40 FEET; THENCE N 88 °44'30" E A DISTANCE OF 47.61 FEET TO A POINT BEING 60.00 FEET WEST OF THE CENTERLINE OF PRESENT NORTH GARNETT ROAD; THENCE S 0 °53'56" E ALONG A LINE BEING 60.00 FEET WEST AND PARALLEL WITH THE CENTERLINE OF PRESENT NORTH GARNETT ROAD A DISTANCE OF 397.40 FEET; THENCE S 88'44'30" W A DISTANCE OF 44.79 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.42 ACRES, MORE OR LESS. BASIS OF BEARING IS THE OKLAHOMA STATE PLANE COORDINATE SYSTEM. Benchmark Surveying and Land Services, Inc. P.O. BOX 1078 PHONE: (918) 274 -9081 OWASSO, OKLAHOMA 74055 FAX: (918) 274 -0807 C.A. NO. 2235 EXP. DATE 6/30/08 DATE: 12/11/06 FILE: 2114.1912 W.O.: 13135 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ROGER STEVENS INTERIM PUBLIC WORKS DIRECTOR SUBJECT: TULSA COUNTY INTERLOCAL AGREEMENT — 2007 -2008 CIP STREET REHABILITATION PROGRAM DATE: September 11, 2007 BACKGROUND: Included in the FY 2007 -2008 Budget, the Capital Improvements Fund allows for the expenditure of $1 million in the repair and/or resurfacing of residential and non - residential roadways throughout the City. An additional $165,000 will be obtained from remaining funding in the FY 2006 -2007 program. Rehabilitation sites are selected based on a comprehensive assessment of roadway conditions (both residential and non - residential). The selection process is aimed at maximizing a return on investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway driving conditions and public safety. At the July 17, 2007 meeting, Council approved the FY 2007 -2008 Street Rehabilitation Program repair site priorities. Seeking to further maximize the return, in July of 2007, the City of Owasso formally requested assistance from Tulsa County in the completion of several roadway projects. Specifically, the request included the use of County labor and equipment for the paving and/or resurfacing of approximately four lane -miles (or 6,300 tons of asphalt) of roadway surface (see Attachment A). The use of such equipment and labor is anticipated to reduce overlay costs by as much as fifty percent. In September of 2007, Tulsa County submitted an Agreement to provide an asphalt overlay. In order to formalize responsibilities, an Agreement has been drafted with Tulsa County (see Attachment B) that includes the following: ■ The City of Owasso shall provide all required materials; ■ Tulsa County shall provide all necessary labor and equipment to complete the projects; and ■ Duration of the Agreement shall be for a period equal to the time necessary to complete the projects. Tulsa County Interlocal Agreement 2007 -2008 CIP Street Rehabilitation Page 2 of 2 FUNDING: Funding for the materials to be used by Tulsa County for the projects is included in the FY 2007- 2008 Capital Improvements Fund budget. RECOMMENDATION: Staff recommends Council approval of the Interlocal Agreement with Tulsa County for paving assistance related to the FY 2007 -2008 Street Rehabilitation Program and authorization of the Mayor to execute the Agreement. ATTACHMENTS: A. Priority Site List B. Tulsa County Agreement AGREEMENT THIS AGREEMENT, made the 18"' day of September, 2007, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "County" and the City of Owasso, Tulsa County, Oklahoma, hereinafter called "City ". WITNESSETH: WHEREAS, by virtue of 69 O.S., 1981, Section 1903, the Board of County Commissioners is authorized to enter into agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this Agreement shall be from the date. of execution of this Agreement until the project is complete. 2. The purpose of this Agreement shall be to provide street resurfacing on various streets within the City limits of Owasso per the Owasso street repair map dated July 2, 2007. 3. The City shall provide traffic control and material costs. 4. The County shall provide necessary equipment and manpower to complete the project. 5. This Agreement shall be effective from and after the date of execution hereof and is intended only for the purpose described in section 2 above. 6. The rights, duties and obligations under or arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other party. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal this 18th day of September, 2007. CITY OF OWASSO Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: J2&- e G41� Julfe Lombardi, City Attorney BOARD OF COUNTY COMMISSIONERS TULSA COUNTY, OKLAHOMA CHAIRMAN ATTEST: COUNTY CLERK MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER PROJECT MANAGER SUBJECT: FY 2006 -2007 STREET REHABILITATION PROGRAM PAVEMENT STRIPING PROJECT ACCEPTANCE AND FINAL PAYMENT DATE: September 12, 2007 BACKGROUND: Included in the FY 2006 -2007 Budget, the Capital Improvements Fund allows for the expenditure of $1,000,000 for the repair and/or resurfacing of residential and non - residential roadways throughout the city. Since December of 2006, six miles of roadway have been reconstructed and/or overlaid for a total cost of nearly $700,000. The scope of this work relates to the striping of roadways which received an overlay as part of the FY 2006 -2007 Street Rehabilitation Program (Attachment A). Tulsa County and the City of Owasso do not own equipment for the application of thermal striping material necessary for the completion of the work. Thus, design documents were prepared for the completion of the striping work by a contractor. A Notice to bidders was published in the Owasso Reporter on April 24, 2007 and May 1, 2007. Documents were also submitted to plan firms and facsimile notifications were sent directly to local contractors to encourage the submittal of bids. Bids were submitted from four (4) contractors and opened on May 14, 2007. On June 5, 2007, Council awarded the contract to Action Safety Supply Company from Oklahoma City, Oklahoma, in the amount of $59,297.00. Work on this project was completed in August of 2007 with a final inspection being conducted by city staff on August 17, 2007. PROJECT FUNDING: Funding for this pavement striping project is included in the FY 2006 -2007 Capital Improvements Fund budget. It should be noted, that the total contract amount included funding for quantity adjustments in the amount of $10,000. Staff worked closely with the contractor in order to minimize usage of this funding for a completed project $10,271.90 less than the budgeted amount. FY 2006 -2007 Street Rehabilitation Project Striping Bid Acceptance and Request for Final Payment Page 2 of 2 RECOMMENDATION: Staff recommends Council acceptance of the FY 2006 -2007 Street Rehabilitation Program Pavement Striping Project and authorization for final payment to Action Safety Supply Company in the amount of $49,025.10. ATTACHMENTS: A. FY 2006 -2007 Pavement Striping Project Map B. Final Pay Application ATTACHMENT A Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com 2006 -2007 Pavement Striping Project N W E S 9/7/07 11 APPLICATION AND CERTIFICATE FOR PAYMENT II TO: (Owner) n- *0MV-4-?,S,q Po 6 �/ /Pry d Gcldslo, ok 75(Os3 ' FROM: (Contractor) PROJECT: CONTRACT FOR: ATTACHMENT B Page One of Contract Date: Application Date: ! e Period To: '7'f !� D l Distribution To: Owner Architect Contractor Engineer CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. 1. Original Contract Sum $ g, `�. 00 2. Net Change by Change Orders $ 3. Contract Sum to Date (Line 1 & 2) $ '`7) � 47, 60 4. Total Completed & Stored to Date $ 7, ®, > /0 (Column G on Continuation Sheet) 5. Retainage: a. % of Completed Work $ (Column D & E on Continuation Sheet) - FINAL b. % of Stored Material $ (Column F on Continuation Sheet) Total Retainage (Line 5a & 5b) $ Q 6. Total Earned Less Retainage $g, (Line 4 less Line 5 Total) ' 1 8. CURRENT PAYMENT DUE 9. Balance to Finish, Plus Retainage (Line 3 less Line 6) CHANGE ORDER SUMMARY: ADDITIONS Change Orders approved in previous months by OWNER TOTALS $ Approved this month Number $ Date Approved TOTALS $ Net Change by Change Orders $ Wq,(jd&, DEDUCTIONS The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the WORK covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. STATE OF OKLAHOMA ) �'�A COUNTY OF �G(f C��I'(� )SS ) Date: / '��� 0 w '� Subscribed and sworn to before. me this day, of ,...... � S. . V d, (SEAL) My Commission Expires: 1, -46- I ,v: �o ter• -: #06000174 m ? EXP. 12130109 N v Public P J AGREEMENT 0407 00300 - Page 9 of 15 ARCHITECT'S / ENGINEER'S CERTIFICATE FOR PAYMENT In accordance with the contract documents, based on on -site observations and the date comprising the above application, the Architect /Engineer certifies to the Owner that to the best of the Architect /s /Engineer's knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. AMOUNT CERTIFIED $ 9 , 00;,_5' 0;,_5' 1D (Attach explanation if amount certified differs from the amount applied for.) ARCHITECT / ENG By: -- Date: 0`1 AJ-1 w7 This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment without prejudice to any rights of the Owner or Contractor under this Contract. AGREEMENT 0206 00300 - Page 9 of 14 CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA ) f� )SS COUNTY OF (J �i(yt� f?/(A_ ) The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being first duly sworn, `on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain payment or the awaid of this contract. Contractor upplier Subscribed and sworn to before me this c� Wlf- day of &Alts ,a ©� Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. AGREEIvMNT 0407 00300 - Page 12 of 15 N ' Public Y C6fnmission # : es000l-1a p- 12/30109=5 My Commission Expires: OF Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. AGREEIvMNT 0407 00300 - Page 12 of 15 A B C D E F G H 1 PREVIOUS CURRENT MATERIALS TOTAL STORED 0/0 BALANCE ITEM DESCRIPTION SCHEDULED VALUEWORK COMPLETEDWORK COMPLETED STORED & COMPLETED G/C TO FINISH RETAINAGE 1 4" Yellow Stripe $20,426.79 $0.00 $20,426.79 $0.00 $20,426.79 100.00% $0.00 0.00 2 4" White Stripe $18,609.21 $0.00 $18,609.21 $0.00 $18,609.21 100.00% $0.00 0.00 3 24" Wide Stop Bar $1,773.52 $0.00 $1,773.52 $0.00 $1,773.52 100.00% $0.00 0.00 4 6" Wide Crosswalk Stripe $275.60 $0.00 $275.60 $0.00 $275.60 100.00% $0.00 0.00 5 12" Yellow Stripe (Diagonal) $835.40 $0.00 $563.50 $0.00 $563.50 148.25% $271.90 0.00 6 White Turn Arrow $1,600.00 $0.00 $1,600.00 $0.00 $1,600.00 100.00% $0.00 0.00 7 2'X8' Crosswalk Bar $2,537.48 $0.00 $2,537.48 $0.00 $2,537.48 100.00% $0.00 0.00 8 Existing Stripe Removal $1,213.00 $0.00 $1,213.00 $0.00 $1,213.00 100.00% $0.00 0.00 9 White Combination Turn /Straight Arro\ $200.00 $0.00 $200.00 $0.00 $200.00 100.00% $0.00 0.00 10 White Yield Triangles $276.00 $0.00 $276.00 $0.00 $276.00 100.00% $0.00 0.00 11 White Text "ONLY" $900.00 $0.00 $900.00 $0.00 $900.00 100.00% $0.00 0.00 12 Project Allowance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00 13 Mobilization $450.00 $0.00 $450.00 $0.00 $450.00 100.00% $0.00 0.00 14 Traffic Control $200.00 $0.00 $200.00 $0.00 $200.00 100.00% $0.00 0.00 TOTALS $49,297.00 $0.00 $49,025.10 $0.00 $49,025.10 $271.90 $0.00 Amount of $271.90 noted in column H is due to 8" yellow being applied instead of 12" MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP ADMINISTRATIVE SERVICES DIRECTOR SUBJECT: ORDINANCE NO. 903 GARNETT ROAD REGIONAL DETENTION FACILITY DATE: September 14, 2007 BACKGROUND: At the August 2007 work session, the City Council heard a proposed concept for the construction and financing of a regional detention facility in the area southwest of E. 96th Street North and N. Garnett Road. The concept included: • Acquisition of the property, • An ordinance requiring a fee in lieu of detention for undeveloped property within the drainage basin, • Design and construction of detention facilities, and • Financing the project with a Revenue Anticipation Note issued by the OPWA. On August 21, 2007, the purchase of the land, the contract for design and engineering services and the RAN financing were all approved by City Council and/or OPWA Trustee action. The remaining action to complete the concept is the approval of an ordinance establishing a mandatory fee in lieu of detention for all undeveloped property in the drainage basin. Proposed Ordinance No. 903: • Establishes the Garnett Regional Detention Assessment Area; • Requires the use of regional detention in the assessment area; • Assesses a mandatory fee in lieu of detention due at final plat approval; • Authorizes only the Council to waive or reduce the assessment fee; and • Authorizes the assessment rate to be established by Resolution after final costs are known. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 903 establishing the Garnett Regional Detention Area and establishing a mandatory assessment in lieu of detention for all undeveloped properties in the Assessment Area. ATTACHMENT: Ordinance No. 903 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 903 AN ORDINANCE RELATING TO PART 18, STORMWATER MANAGEMENT, CHAPTER 6, FEE IN LIEU OF DETENTION, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY ESTABLISHING THAT AN ASSESSMENT PER SQUARE FOOT SHALL BE PAID IN LIEU OF DETENTION FOR ALL LAND TO BE DEVELOPED WITHIN THE GARNETT REGIONAL DETENTION AREA. THIS ORDINANCE AMENDS PART 18, CHAPTER 6, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ENACTING SECTION 18 -601, GARNETT REGIONAL DETENTION FACILITY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 18, Stormwater Management, Chapter 6, Fee in Lieu of Detention, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION 18 -601 GARNETT REGIONAL DETENTION FACILITIES SECTION TWO (2): It is the purpose of this ordinance to promote public health, safety and welfare by constructing and maintaining the Garnett Regional Detention Area. This ordinance is intended to minimize public and private flood losses from stormwater runoff in the defined area, and thereby increase protection of human life, health and property. SECTION THREE (3): The Garnett Regional Detention Area is hereby established as the area depicted on the map attached hereto as Exhibit "A." Exhibit "A" shall be made a part of this ordinance. This area shall be designated as the Assessment Area. All property developed within the Assessment Area subsequent to the effective date of this ordinance shall use the Garnett Regional Detention Facilities for stormwater runoff management. SECTION FOUR (4): All costs associated with the construction of the Garnett Regional Detention Facilities, including costs for land acquisition, construction, professional fees, interest, and other necessary costs and fees, shall be recouped by an assessment per square foot of all property located within the Assessment Area which shall obtain approval of a final plat subsequent to the effective date of this ordinance. The amount of the per square foot assessment shall be established by a Resolution of the City Council after all costs expended in the construction of the Garnett Regional Detention Facilities have been finalized. SECTION FIVE (5): This assessment shall be paid as a fee in lieu of constructing a detention facility for each property in the Assessment Area. Payment of this assessment is mandatory, and may only be waived or reduced by demonstrating special circumstances and obtaining approval of a waiver or reduction by a majority vote of the City Council. Payment of said assessment shall be due upon the approval of a final plat. SECTION SIX (6): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SEVEN (7): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by enacting an ordinance to be codified in Part 18, Chapter 6, as Section 18 -601. PASSED by the City Council of the City of Owasso, Oklahoma on the 18'h day of September, 2007. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk (S E A L) APPROVED as to form and legality this 18th day of September, 2007. a JuV Lombardi, City Attorney