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HomeMy WebLinkAbout1999.01.19_City Council Agenda' PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL ' TYPE OF MEETING: Regular DATE: January 19, 1999 TIME: 6:30 p.m. ' PLACE: Council Chambers, Owasso Community Center ~ Notice and Agenda filed in the office of the City Clerk and posted on the Cit}~ Hall bulletin board at 4:00 p.m. on Friday, January 15, 1999. Marcia outwell, City Cl rk AGENDA 1. Call to Order Mayor Bode 2. Invocation 3. Flag Salute 4. Roll Call 5. Consideration and Appropriate Action Relating to a Request for Approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from consent by request. A motion to adopt the Consent Agenda is non-debatable. 1 ~' A. Approval of the Minutes of January 5, 1999 Regular Meeting and January 12, 1999 Special Meeting. Attachment #5-A B. Approval of Claims. Attachment #5-B Owasso City Council January 19, 1999 Page 2 C. Action Relating to Acceptance of Improvements to the Streets and Stormwater Drainage Systems Constructed to Serve The Fairways IV, an Addition to the City of Owasso, Tulsa County, Oklahoma. Attachment #5-C The staff recommends Council acceptance of the above-named infrastructure. D. Consideration and Appropriate Action Relating to Ordinance #600, an Ordinance Amending the Defined Contribution Retirement Plan for the City of Owasso. Attachment #5-D The staff recommends Council approval of Ordinance #600. ^ 6. Consideration and Appropriate Action Relating to the Presentation of an Independent Audit of ~ Financial Transactions for the General Fund and Other Funds for FY 1997-98, and a Request ~, for the Council to Receive the Audit Report. Mr Frank Crawford Attachment #6 Mr Crawford will present the 1997-98 annual audit to the Council, and staff will recommend the City Council "receive the audit for review and information. ~ ^~ 7. Consideration and Appropriate Action Relating to the Award of a Contract for the Purchase of ~ Two Manual Difibrillators. Chief Allen Attachment #7 The staff will recommend that a contract be awarded to Physio-Control Corporation of , Redmond, Va for the purchase of two Life-Pak 12 manual defibrillators at a total cost of $18,470.80. ,~ Owasso City Council January 19, 1999 Page 3 8. Consideration and Appropriate Action Relating to a Request from A & W Land Development for Annexation of an Approximate 71.62-acre Parcel of Land Located Northwest of North 109''' East Avenue, Adjacent to the Country Estates II Subdivision. Mr Warlick Attachment #8 The Owasso Annexation Committee and the Owasso Planning Commission have conducted hearings on this request and recommend Council approval of the requested annexation. The staff concurs with the recommendation. 9. Consideration and Appropriate Action Relating to a Request from the Larkin Bailey Foundation to Rezone Property Located Between Mingo Road and Garnett Road and East 96`h Street North and East 106"' Street North; from AG (Agriculture) to RS-3 (Residential Single-Family High Density), RM-2 (Residential Multi-Family), OL (Office Light), CG (Commercial General), and CS (Commercial Shopping Center), Containing 408.7 Acres, More or Less. Mr Warlick Attachment #9 The Owasso Planning Commission has conducted a hearing on this request and has recommended Council approval of the requested zoning. The staff concurs with that recommendation. 7 _ 10. Consideration and Appropriate Action Relating to a Request from Kourtis Properties LLC for ~ Council Approval of a Planned Unit Development. Mr Warlick ~ Attachment # 10 The Owasso Planning Commission has conducted a hearing on this request and has recommended Council approval of The Lakes at Bailey Ranch, a PUD on property located between Mingo Road and Garnett Road and East 96`h Street North and East 106`h Street North, and containing 408.7 acres, more or less. ~~ Owasso City Council January 19, 1999 Page 4 11. Consideration and Appropriate Action Relating to Mayor's Appointments Requiring ~ Confirmation by the City Council. Mayor Bode The Mayor will request Council confirmation of an appointment to the Board of Adjustment, required as the result of a resignation, and an appointment to the Comprehensive Plan Update Committee as the result of a resignation. Mayor Bode The Mayor will offer appointments to the Board of Adjustment and the Comprehensive Plan Update Committee to replace members who have resigned. 12. Report from City Manager 13. Report from City Attorney 14. Reports from City Councilors 15. New Business Owasso City Council Jamiary 19, 1999 Page 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16. Adjournment 1 A OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, .Ianuary 5, 1999 The Owasso City Council met in regular session on Tuesday, January ~, 1999 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Thursday, December 31, 1998. ITEM 1: CALL TO ORDER Mayor Bode called the meeting to order at 6:35 p.m. ITEM 2: FLAG SALUTE The flag salute was given during the OPWA meeting preceding this meeting. ITEM 3: ROLL CALL PRESENT ABSENT Denise Bode, Mayor Mark Wilken, Vice Mayor Mary Lou Barnhouse, Councilor Melinda Voss, Councilor Duston Smith, Councilor STAFF Jeff Hancock, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of December 15, 1998 Regular Meeting. B. Approval of Claims C. Action Relating to Ordinance #596, an Ordinance Approving Action Taken by the Owasso Public Works Authority Establishing Per Acre Assessment for Recoupment of Costs Associated With the Elm Creek Interceptor Sewer Project. D. Action Relating to Ordinance #599, an Ordinance Providing for the Annexation of 60 Acres, More or Less, Located on the East Side of North 145`h East Avenue Between East 86`h Street North and East 96`h Street North. E. Action Relating to Resolution #99-09, a Resolution Calling aNon-Partisan Primary and General Election Pursuant to Provisions of the Owasso City Charter for the purpose of Electing Council Members for Wards 3 & 4. ~~ Owasso City Council January 5, 1999 Ms Barnhouse moved, seconded by Ms Voss, to approve the consent agenda. The consent agenda included minutes of the December 15, 1998 regular meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $69,030.92; (2) Workers Comp Self-Insurance $930.08; (3) Ambulance Service Fund $3,095.94; (4) E-911 $1,799.54; (5) City Garage $5,216.29; (6) Capital Improvements $1,037.20; (7) Park Development $3,375.00; (8) Capital Projects Grant $3,100..00; (9) Bond Projects Fund $13,076.00; (10) Payroll $157,230.55; (11) City Garage Payroll $3,822.64. Item C requested approval of Ordinance #596, approving action taken by the OPWA to establish per acre assessment for the recoupment of costs associated with the Elm Creek Interceptor Sewer project. Item D requested approval of Ordinance #599, annexing 60 acres located on the east side of N 145`h East Ave between E 86`h St N and E 96`'' St N. Item E requested approval of Resolution #99-01 calling anon-partisan Primary and General Election for the purpose of electing Council Members for Wards 3 & 4. AYE: Barnhouse, Voss, Smith, Wilken, Bode NAY: None Motion carried 5-0. ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF A CONTRACT FOR THE PURCHASE OF TWO MANUAL DEFIBRILLATORS. Mr Hancock said that some questions had been raised concerning the purchase of manual defibrillators, and the staff requested that the item be tabled. Ms Voss moved, seconded by Ms Barnhouse, to table Item 5 until more information relating to manual difibrillators can be received by the Council. AYE: Voss, Barnhouse, Smith, Willken, Bode NAY: None Motion carried 5-0. ~ ^I ^ ^ ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF A CONTRACT FOR THE PURCHASE OF AN AIR BREATHING SYSTEM. In the absence of Deputy Chief Stuckey, Mr Hancock presented the item. The compressor that was bid will be used to refill self-contained breathing apparatus/bottles. The compressor currently in use requires constant monitoring and must be allowed to cool down every 15 minutes fora 15-minute period. The new compressor will fill bottles much faster and does not require any cycle time. Two vendors responded to the request for bids, with the low bidder (Hypres Equipment) meeting all of 2 Owasso City Council January 5, 1999 the requirements specified. Mr Wilken moved, seconded by Ms Barnhouse, to award a bid to Hypres Equipment of Oklahoma City, OK for the purchase of a breathing air compressor at a cost of $18,748. AYE: Wilken, Barnhouse, Voss, Smith, Bode NAY: None Motion carried 5-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A AMBULANCE BID. Mr Hancock also presented this item in the absence of Chief Allen. He said that bids for a new ambulance were opened on May 28, 1998, with six bids being submitted. After a review of the bids, it was determined that only one vendor was able to comply with all specifications. The staff recommended that all bids be rejected and that the Council authorized that the ambulance be re-bid, with new specifications being developed. Mr Wilken moved, seconded by Ms Voss, to rejecte all bids submitted for the purchase of an ambulance and authorize staff to re-bid. AYE: Wilken, Voss, Barnhouse, Smith, Bode NAY: None Motion carried 5-0. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ' ACCEPTANCE OF RIGHT-OF-WAY EASEMENTS SFROM JOE B WOLFE AND KRISANDRA S WOLFE• JAMES CORY RICHARDSON JANET KAY .,, KUHN JOHN CARROLL RICHARDSON AND SUE MCPARTLAND: AND JAMES CORY RICHARDSON JANET KAY KUHN AND JOHN CARROLL RICHARDSON TO THE CITY OF OWASSO• AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE DOCUMENTS. Mr Lutz said that on October 15, 1998, the City Council approved eight Elm Creek Interceptor Sewer easement agreements and authorized the Mayor to execute the documents. A Notice to Proceed with the project was issued. Since that time, negotiations have continued with the remaining property owners for the remaining four easements. The Wolfes have executed their easement and the Richardson/Kuhn/McPartlands have indicated that they will execute their easements. Final discussions with the remaining landowner are being conducted. The staff recommended Council acceptance of the above-named easements and authorization for the Mayor to execute the documents. Mr Wilken moved, seconded by Ms Voss, to accept easements from Joe B Wolfe and Krisandra S Wolfe; James Cory Richardson, Janet Kay Kuhn, John Carroll Richardson 3 i~ Owasso City Council January 5, 1999 and Sue McPartland; and James Cory Richardson, Janet Kay Kuhn and John Carroll Richardson; and to authorize the Mayor to execute the documents. AYE: Wilken, Voss, Smith, Barnhouse, Bode NAY: None Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR FINAL ACCEPTANCE OF WORK PERFORMED UNDER A CONTRACT FOR U.S. HIGHWAY 169 LANDSCAPING, BETWEEN THE CITY OF OWASSO AND ROBINSON' S CUSTOM LANDSCAPING, AND AUTHORIZATION FOR FINAL PAYMENT. Mr Lutz presented the item. A contract was awarded to Robinson's Custom Lawnmowing and Landscaping of Berryville, AR on October 7, 1998 in the amount of $12,910 to provide landscaping h consisting of various plantings along both sides of U.S. Highway 169 between 76`h St N & 86`h St N. Two change orders were issued, which increased the contract amount of $15,839. Staff negotiated with the contractor to reduce the unit cost for undersized plants and to increase the number of dwarf crepe myrtle plants at the reduced unit cost, resulting in a final contract amount of $13,461.68. A final inspection was conducted on December 7, with all deficiences being corrected by December 10`h. The contractor has provided aone-year maintenance bond. Mr Smith moved, seconded by Mr Wilken, to accept the work performed under a contract with Robinson's Custom Lawnmowing & Landscaping, and authorize final payment in the amount of $13,461.68. •.i ~ AYE: Smith, Wilken, Voss, Barnhouse, Bode NAY: None Motion carried 5-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO CLOSING FEES ASSOCIATED WITH THE PURCHASE OF THE PSO BUILDING LOCATED ON EAST SECOND AVENUE. Ms Bishop said that the purchase of the PSO building was authorized on September 1, 1998 at a cost of $10,000 earnest money and a final payment of $365,000 at the time of closing. Additional expenditures associated with closing the purchase of the building were not authorized at that time. The building purchase was closed on Wednesday, December 15, 1998, and the final payment was made. Staff recommended payment of the closing fees. Dee Sokolosky protested the use of a Tulsa title company and Tulsa attorney in the transaction. He further stated that he believes local businesses should be utilized. Mr Hancock said that the staff would be more cognizant of utilizing 4 Owasso City Council January 5, 1999 local businesses in the future. Mr Wilken moved, seconded by Ms Voss, to approve the expenditure and payment of $1906.50 to Commercial Title & Escrow Services Inc for closing fees associated with the purchase of the PSO building. AYE: Wilken, Voss, Barnhouse, Smith, Bode NAY: None Motion carried 5-0. ~ ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL RATIFICATION OF CITY MANAGER' S CONTRACTING FOR TRAFFIC SIGNALIZATION REPAIRS IN AN AMOUNT IN EXCESS OF THE CITY MANAGER' S AUTHORITY. Mr Carr presented the item, stating that on December 24, 1998 a vehicular accident occurred at the intersection of East 96`h Street North and Garnett Road. The vehicle involved in the accident struck the traffic signalization control cabinet housing the electrical circuitry and computer equipment that controls signalization at the intersection. A repair estimate of $15,300 was submitted by SignalTek Inc, a traffic signal maintenance company, for the repair of the existing cabinet and re-wiring of the system components. Bids were not solicited since SignalTek is a sole source supplier of the equipment and repair services in this area. SignalTek also proposed an option for the City to purchase a new control cabinet, which contains all of the system components pre-installed. The cost for the installation of a new cabinet, with the inclusion of a one-year parts ~~-arranty was quoted at $8737.50. Risk Management personnel have verified that the driver of the vehicle involved in the collision has adequate insurance coverage to support a claim entered by the City. Recovery will be sought for the expenditure associated with the repairs made by SignalTek, as well as City expenditures related to the monitoring and maintenance of the intersection following the accident. Because of safety of the intersection, the staff contacted SignalTek on December 29, 1998 and directed them to immediately install a new cabinet and control system for the intersection at a cost of $8737.50. Staff requested City Council ratification of action taken by the City Manager to make the repairs. Ms Voss moved, seconded by Mr Smith to ratify the City Manager's actions by approving the repairs made to the intersection and to authorize payment to SignalTek of Tulsa, Ok in the amount of $8737.50. AYE: Voss, Smith, Barnhouse, Wilken, Bode NAY: None Motion carried 5-0. d, 5 ~~ Owasso City Council January 5, 1999 ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE APPROVAL OF CONTRACTS FOR THE SALE OF REAL ESTATE AUTHORIZATION FOR THE MAYOR TO EXECUTE SAME AND AUTHORIZATION FOR PAYMENT OF EARNEST MONEY IF APPLICAB L. E. Mr Smith said that the Council has previously directed the City Manager to pursue negotiations on two sites for the construction of a new City Hall. The two sites being considered are located South of McDonald's and Texaco and on Main Street north and east of the present Police Station.. An analysis concluded that costs for both sites were almost equal. The staff has negotiated purchase options with six property owners at the Main Street site, and those Purchase Option Agreements were accepted by the City Council on December 1,1998. The options required approval of purchase contracts no later than January 19, 1999. The Contracts for the Sale of Real Estate have been agreed to and executed by the sellers and require Council approval. Ms Voss moved, seconded by Ms Barnhouse, to approve contracts for the sale of real estate from G T Kaase and Geraldine Kaase for Lot 4, Block 10, Owasso Original Town; Mary Ellen Esposito and Dorothy Esposito for Lot 3, Block 10, Owasso original Town; Richard P Halbrook for the W 12 Lot 1 & all of Lot 2, Block 15, Owasso Original Town; James Carini and Kathleen L Carini for Lot 2, Block 10, Owasso Original Town; Fred T Morgan, Mildred N Morgan, Christopher H Faith and Elaine R Faith for S50 Lot 6, Block 10, Owasso Original Town; and Independent Order of Odd Fellows Owasso Lodge #297 for N 50 ~ of Lot 6 & all of Lot 7, Block 10, Owasso Original Town; authorization for the Mayor to execute the documents, and authorization for the payment of earnest money. AYE: Voss, Barnhouse, Smith, Wilken, Bode NAY: None Motion carried 5-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE PURCHASE OF A VEHICLE FOR THE SUPPORT SERVICES DEPARTMENT. Mr McElrath presented the item. He said that the Support Services Department has been using a 1985 Chevy 5-10 that was passed on to them by the Public Works Department. It is used for pulling a mowing trailer and for repair parts pick-up. The Department budgeted $16,000 for the purchase of a new truck in the FY 1998-99 budget, and also has some carryover funds available. In early December sealed bids were solicited from seven local vendors. The specifications were for a vehicle with options identical to those listed in the State Bid Contract. Bids were opened on December 28, „~ 1998, with the vehicle appearing on the State Bid being the lowest bid. Mr Wilken moved, seconded by Mr Smith, to approve the purchase of a 1999 three-quarter ton Dodge truck from Lynn Hickey Dodge under State Contract #SW90035 at a cost of $16,760. 6 ' Owasso City Council January 5, 1999 AYE: Wilken, Smith, Barnhouse, Voss. Bode NAY: None Motion carried 5-0. ~ ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM THE LARKIN BAILEY FOUNDATION TO REZONE PROPERTY LOCATED BETWEEN MINGO ROAD AND GARNETT ROAD AND EAST 96T" STREET NORTH AND EAST 106T" STREET NORTH• FROM AG "'~ AGRICULTURE) TO RS-3 (RESIDENTIAL SINGLE-FAMILY HIGH DENSITY rm 2 (RESIDENTIAL MULTI-FAMILY) OL (OFFICE LIGHT), CG (COMMERCIAL GENERAL) AND CS (COMMERCIAL SHOPPING CENTER), CONTAINING 408.7 ACRES MORE OR LESS. Mr Cates said that this item was tabled from the December i 5, 1998 Council meeting because of an error in the legal description listed on the agenda. Further research revealed that the same erroneous legal description also appeared on the December 8, 1998 Planning Commission agenda. It is necessary that the item be referred back to the Planning Commission for recommendation so that the correct legal description can be listed on the agenda. Mr Wilken moved, seconded by Ms Barnhouse, to refer this zoning item back to the Owasso Planning Commission for consideration. AYE: Wilken, Barnhouse, Voss, Smith, Bode NAY: None Motion carried 5-0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM KOURTIS PROPERTIES LLC FOR COUNCIL APPROVAL OF A PLANNED UNIT DEVELOPMENT. Mr Cates said that this item contained the same error in the legal description as the previous item and it, too, must be referred back to the Planning Commission for recommendation. Ms Voss moved, seconded by Ms Barnhouse, to refer this PUD item back to the Owasso Planning Commission for consideration. AYE: Voss, Barnhouse, Smith, Wilken, Bode NAY: None Motion carried 5-0. 1~ Owasso City Council January 5, 1999 ITEM 16: REPORT FROM CITY MANAGER ~ No report. ITEM 17: REPORT FROM CITY ATTORNEY No report ITEM 18: REPORT FROM CITY COUNCILORS "~ .w None ITEM 19: NEW BUSINESS None. ITEM 20: ADJOURNMENT Mr Wilken moved, seconded by Ms Barnhouse, to adjourn. AYE: Wilken, Barnhouse, Voss, Smith, Bode NAY: None Motion carried 5-0, and the meeting was adjourned at 7:00 p.m. Denise Bode, Mayor Marcia Boutwell, City Clerk 8 OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, January 12, 1999 The Owasso City Council met in special session on Tuesday, January 12. 1999 in the Lower Level Conference Room at City Hall per the Notice of Public Meeting called on Tuesday, January 5, 1999, and Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulleting board at 3:00 p.m. on Monday, January 11, 1999. ITEM 1: CALL TO ORDER AND ROLL CALL. Mayor Bode called the meeting to order at 6:34 p.m. Councilors present: Denise Bode, Mayor; Mark Wilken, Vice Mayor; Mary Lou Barnhouse, Councilor; Melinda Voss, Councilor; Duston Smith, Councilor. Councilors absent: none. Others present: Assistant City Manager Tim Rooney, City Clerk Marcia Boutwell, Fire Chief Bob Allen, Director of Golf Warren Lehr, Public Works Director Robert Carr, and Finance Director Sherry Bishop. A quorum was declared present. ITEM 2: DISCUSSION RELATING TO THE PURCHASE OF MANUAL DEFIBRILLATORS. Chief Allen explained the difference between manual and automatic defibrillators. as well as the defined use of each. Personnel required to use both types was discussed. and other items relating to the purchase. No action was requested or taken. ITEM 3: DISCUSSION OF GOLF CART BIDS. Mr Lehr informed the Council concerning the bids for new golf carts. Bids were opened on January 12`h and are being reviewed. He explained the differences in the bids received and the differences in the various types of golf carts. He expects that the award of a bid will be on the February 2"d City Council agenda. ITEM 4: 76T" STREET NORTH & HIGHWAY 169 UPDATE. Mr Carr explained what has been done to date on the rgconfiguration of the intersections at 76`'' St N & Highway 169. He said that the engineers are still working on a solution that will be acceptable to the City and to the business owners that will be affected. ITEM 5: DISCUSSION OF NEW APPOINTEE TO THE BOARD OF ADJUSTMENT. Mr Rooney said that a member of the Board of Adjustment, John Phillips, has moved out of the city limits and, as a result, has resigned from the Board. The Mayor asked for names to be suggested as Owasso City Council January 12, 1999 a replacement for Mr Phillips. An item for this appointment will be on the January 19`"City Council agenda. ITEM 6: REPORT FROM ASSISTANT CITY MANAGER. Mr Rooney said that the citizen appointee has resigned from the recently created Comprehensive Plan Update Committee and a replacement needs to be appointed. The Mayor requested that names i be submitted to her for consideration. An item for this appointment will be on the January 19`" City Council agenda. Ms Bishop distributed copies of the audit report and explained that there will be a request on the i January 19`" City Council, OPWA, & OPGA agendas for those bodies to receive the report. Ms Boutwell reminded Councilors of the upcoming Chamber of Commerce banquet and asked that the Councilors let her know by January 15`" if they plan to attend. Mr Rooney distributed building reports for the area, which showed the number of both residential and commercial building permits, as well as the number of inspectors, for various communities in the area. The Council briefly discussed the possibility of adding another inspector to the Community Development Department because of the high number of new construction. ITEM 7: 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). Mr Wilken moved, seconded by Ms Barnhouse, to move into executive session for the purpose of reviewing the 1998-99 employment contract between the City and the City Manager. AYE: Wilken, Barnhouse, Voss, Smith, Bode NAY: None ~ Motion carried 5-0, and the Council entered into executive session at 7:55 p.m. Mr Wilken moved, seconded by Ms Voss, to terminate the executive session and return to open session. AYE: Wilken, Voss, Barnhouse, Smith, Bode NAY: None 2 ,~ Owasso City Council January 12, 1999 Motion carried 5-0, and the Council returned from executive session at 8:10 p.m. ITEM 8: ADJOURNMENT Ms Voss moved, seconded by Mr Wilken to adjourn. AYE: Voss, Wilken, Barnhouse, Smith, Bode ~ NAY: None ( Motion carried 5-0 and the meeting was adjourned at 8:11 p.m. Denise Bode, Mayor Marcia Boutwell, City Clerk 3 CITY OF OWASSO ' GENERAL FUND 1/15/99 6:49:44 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------ MANAGERIAL ------------------------------ 990286 OFFICE DEPOT CARD PLAN 991547 GO SYSTEMS 991593 SAGE PUBLICATIONS INC 991713 KIMBALL ACE HARDWARE 991748 SUBURBAN OFFICE SUPPLY 991752 TREASURER PETTY CASH 991752 TREASURER PETTY CASH 991752 TREASURER PETTY CASH 991796 MCI TELECOMMUNICATIONS 991798 WESTPORT YOUTH GROUP DEPARTMENT TOTAL =___> FINANCE ------------------------------ OFFICE SUPPLIES FUEL-12/98 REFERENCE BOOK WINTER WONDERLAND OFFICE SUPPLIES BOUTWELL-MILEAGE EMPLOYEE RECOGNITION REIMB PETTY CASH 12/98 USE EMPLOYEE RECOGNITION 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 990608 MICHAEL A. CRAWFORD, INC. FY 97-98 AUDIT 991588 BITS AND BYTES YEAR END TAX FORMS 991752 TREASURER PETTY CASH BISHOP-MILEAGE 991752 TREASURER PETTY CASH EMPLOYEE RECOGNITION DEPARTMENT TOTAL =___> COMMUNITY DEVELOPMENT ------------------------------ 990016 YALE UNIFORM RENTAL 990138 TULSA COUNTY MIS 991547 GO SYSTEMS 991672 REASORS 991742 BOCA INTERNATIONAL 991752 TREASURER PETTY CASH 991752 TREASURER PETTY CASH 991796 MCI TELECOMMUNICATIONS DEPARTMENT TOTAL =___> MUNICIPAL COURT ------------------------------ 991796 MCI TELECOMMUNICATIONS DEPARTMENT TOTAL =___> UNIFORM CLEAN/RENT DIAL-UP SERVICE FUEL-12/98 FILM PROCESSING INSP STICKERS EMPLOYEE RECOGNITION PER DIEM-ROONEY 12/98 USE 12/98 USE 26.99 15.30 49.00 94.16 9.69 29.45 31.30 6.03 25.28 100.00 387.20 29.95 550.00 134.65 91.83 89.95 896.38 24.80 40.00 64.35 3.88 45.00 89.95 56.00 5.04 329.02 11.76 11.76 3 ~~ CITY OF OWASSO GENERAL FUND 1/15/99 6:49:44 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- ENGINEERING ------------------------------ 991547 GO SYSTEMS FUEL-12/98 991548 CITY GARAGE VEHICLE MAINT-12/98 DEPARTMENT TOTAL =___> GENERAL GOVERNMENT ------------------------------ 990003 RONALD D GATES RETAINER 990003 RONALD D GATES LEGAL SERVICES 990117 IKON OFFICE SOLUTIONS COPIER MAINTENANCE 990118 WESTERN BUSINESS PRODUCTS COPIER MAINTENANCE 990281 SAM'S CLUB MAINT SUPPLIES 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 990334 RETHERFORD PUBLICATIONS EMPLOYMENT ADS 991583 TULSA COUNTY CLERK FILING FEES 991635 UTICA PARK CLINIC HEP B SHOTS-SMITH/MOODY 991706 XPEDX COPY PAPER 991752 TREASURER PETTY CASH LICENSE TAG 991794 PSO 12/98 USE 991795 SOUTHWESTERN BELL TELE 12/98 NON-PLEXAR 991796 MCI TELECOMMUNICATIONS 12/98 USE DEPARTMENT TOTAL =___~ SUPPORT SERVICES ------------------------------ 990195 YALE UNIFORM RENTAL 990258 CN HASKELL & ASSOC 990281 SAM'S CLUB 990285 KIMBALL ACE HARDWARE 990286 OFFICE DEPOT CARD PLAN 990416 AT&T WIRELESS SERVICES 991547 GO SYSTEMS 991548 CITY GARAGE 991699 WAL-MART 991752 TREASURER PETTY CASH 991752 TREASURER PETTY CASH 991752 TREASURER PETTY CASH 991796 MCI TELECOMMUNICATIONS UNIFORM RENTAL COMPUTER SERVICES MAINT SUPPLIES MAINT/REPAIR SUPPLIES OFFICE SUPPLIES PHONE USE-McELRATH FUEL-12/98 VEHICLE MAINT-12/98 OFFICE SUPPLIES REIMS PETTY CASH REIMB PETTY CASH REIMB PETTY CASH 12/98 USE 24.16 9.45 33.61 700.00 1,472.24 370.56 211.20 45.93 234.24 45.20 72.00 50.00 210.00 36.00 387.39 49.45 75.53 3,959.74 23.80 45.00 157.89 7.98 16.06 19.59 151.50 149.00 9.05 11.95 17.63 17.50 4.29 °4 4 . ^ i ^i i I I DEPARTMENT TOTAL =___> 631.24 CEMETERY ------------------------------ CITY OF OWASSO GENERAL FUND ~ 1/15/99 6:49:44 A/P CLAIMS REPORT APAPVR PAGE: 5 PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- --- 991548 CITY GARAGE VEHICLE MAINT-12/98 1.76 991794 PSO 12/98 USE 15.31 r ------------- _ DEPARTMENT TOTAL =___> 17.07 POLICE SERVICES ------------------------------ 990032 AT&T WIRELESS SERVICES PHONE USE-ALL 202.41 29 59 990032 AT&T WIRELESS SERVICES PHONE USE-ALEXANDER . 00 150 990033 HOWARD STAMPER RETAINER/SERVICES . 00 202 990034 FIRST BANK CLAREMORE FSB COPIER LEASE . 36 232 990041 WESTERN BUSINESS PRODUCTS COPIER MAINTENANCE . 98 124 990281 SAM'S CLUB MAINT SUPPLIES. . 69 2 990285 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES . 99 79 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES . 35 95 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES . 333 92 1 990375 YALE CLEANERS UNIFORM CLEANING . , 00 140 990900 OWASSO CYCLING HELMETS . 00 795 990900 991253 OWASSO CYCLING RADIOS UNLIMITED BICYCLE RACKS HT 16 CHANNEL RADIOS . 3,448.00 991547 GO SYSTEMS FUEL-12/98 1,050.93 991548 CITY GARAGE VEHICLE MAINT-12/98 1,114.44 991672 REASORS FILM,DOG FOOD 104.63 991691 PATROL TECHNOLOGY OFFICER EQUIPMENT 78.40 00 126 991706 XPEDX COPY PAPER . 55 620 2 991709 PHILLIPS POLICE EQUIP UNIFORMS . , 05 746 2 991710 TUXALL UNIFORM & EQUIP UNIFORMS . , 25 52 991729 INTERNATIONAL POLICE TECH CAMCORDER REPAIR . 70 116 991734 WAL-MART OFFICE EQUIP,SUPPLIES . 991734 WAL-MART OFFICE SUPPLIES 11.48 991734 WAL-MART CLEANING SUPPLIES 4.08 991751 SUBURBAN OFFICE SUPPLY OFFICE SUPPLIES 7.00 57 8 991752 TREASURER PETTY CASH REIMB PETTY CASH . 00 126 991752 TREASURER PETTY CASH PER DIEM-4 EMPLOYEES . 00 392 991752 TREASURER PETTY CASH PER DIEM-4 EMPLOYEES . 12 368 991794 991795 PSO SOUTHWESTERN BELL TELE 12/98 USE 12/98 NON-PLEXAR . 49.45 991796 MCI TELECOMMUNICATIONS 12/98 USE 63.90 DEPARTMENT TOTAL =___> 15,906.54 POLICE COMMUNICATIONS ------------------------------ 991672 REASORS FILM PROCESSING 97.96 991734 WAL-MART FILM PROCESSING 41.68 CITY OF OWASSO GENERAL FUND 1/15/99 6:49:44 A/P CLAIMS REPORT PU # VENDOR DESCRIPTION ---------- ------------------------- -------------------- DEPARTMENT TOTAL =___> ANIMAL CONTROL ------------------------------ ~, APAPVR PAGE: 6 AMOUNT --- ------------- ^ 139.64 991547 GO SYSTEMS FUEL-12/98 21.17 °~ 991548 CITY GARAGE VEHICLE MAINT-12/98 12.58 991650 PAUL'S HEATING & AIR INC HEATING UNIT 1,590.00 991734 WAL-MART GLOVES 14.96 991735 AMERICAN HUMANE ASSOC MEMBERSHIP DUES 25.00 991794 PSO 12/98 USE 216.35 991796 MCI TELECOMMUNICATIONS 12/98 USE 4.08 DEPARTMENT TOTAL =___> 1,884.14 FIRE SERVICES ---------- -------------------- 990022 CARL BORZA VOLUNTEER FIRE RUNS 49.50 990023 JEFF CARNEY VOLUNTEER FIRE RUNS 49.50 990024 RANDALL STARK VOLUNTEER FIRE RUNS 49.50 990025 RON STUCKEY VOLUNTEER FIRE RUNS 49.50 990026 DON TAYLOR VOLUNTEER FIRE RUNS 49.50 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 58.30 991276 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 50.29 991481 WAL-MART REPAIR/MAINT SUPPLIES 109.96 991482 CROW BURLINGAME REPAIR/MAINT PARTS 220.83 991483 LAMPTON WELDING SUPPLY SCBA SUPPLIES 140.17 991547 GO SYSTEMS FUEL-12/98 261.48 991580 J C PENNEY UNIFORMS 230.96 991652 AUTO ZONE REPAIR PARTS 34.21 991653 DRYSDALES UNIFORM JEANS 128.00 991675 TSR SPORTSWEAR UNIFORM SHIRTS 40.00 991693 AT&T WIRELESS SERVICES PHONE USE-ALLEN 28.00 991693 AT&T WIRELESS SERVICES PHONE USE-ALL 52.53 991705 AUTO ZONE REPAIR PARTS 11.98 991715 TUXALL UNIFORM & EQUIP UNIFORM/GEAR 240.78 991752 TREASURER PETTY CASH PER DIEM-CONFERENCE 279.13 991794 PSO 12/98 USE 326.28 991796 MCI TELECOMMUNICATIONS 12/98 USE 29.88 991797 OKLAHOMA NATURAL GAS 11/98 USE 432.24 991799 PAGENET PAGER USE 79.78 DEPARTMENT TOTAL =___> 3,002.30 EMERGERCY MGMT OPERATIONS ------------------------------ ^ CITY OF OWASSO GENERAL FUND ' 1 15/99 6:49:44 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- -- 990257 AT&T WIRELESS SERVICES 1 -STAMPER 991794 PSO 2/98 USE 991795 SOUTHWESTERN BELL TELE 12/98 NON-PLEXAR DEPARTMENT TOTAL =___> STREETS ------------------------------ DEPARTMENT TOTAL =___> COMMUNITY CENTER ------------------------------ ~' 990285 990286 ~ 990416 991546 991651 ~ 991794 ~ 991796 KIMBALL ACE HARDWARE OFFICE DEPOT CARD PLAN AT&T WIRELESS SERVICES WORLEYS GREENHOUSE BROADWAY CARPET CO PSO MCI TELECOMMUNICATIONS DEPARTMENT TOTAL =___> PARK MAINTENANCE ------------------------------ ~, 990231 GEORGE & GEORGE SAFETY SAFETY SUPPLIES 990296 WELSCO INC CYLINDER RENTAL 990431 WAL-MART UNIFORM JEANS 990464 MILL CREEK LUMBER & SUPPL REPAIR/MAINT SUPPLIES 990662 SIGNALTEK INC TRAFFIC CONTROL MAINT 990788 APAC-OKLAHOMA, INC. ASPHALT 990793 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 991547 GO SYSTEMS FUEL-12/98 991548 CITY GARAGE VEHICLE MAINT-12/98 991573 MAGNUM CONSTRUCTION INC STREET REPAIRS 10/20/98 991690 INTERNATIONAL MUNICIPAL ANNUAL DUES 991696 WATKINS SAND CO INC SANDY LOAM 991743 EQUIPMENT ONE RENTAL & SA PROPANE 991752 TREASURER PETTY CASH REIMB PETTY CASH 991794 PSO 12/98 USE 990015 AT&T WIRELESS SERVICES 990016 YALE UNIFORM RENTAL 991547 GO SYSTEMS MAINT/REPAIR SUPPLIES OFFICE SUPPLIES PHONE USE-SR VAN LANDSCAPING CARPET 12/98 USE 12/98 USE PHONE USE-WARREN UNIFORM CLEAN/RENT FUEL-12/98 10.59 64.13 95.75 170.47 51.00 11.65 88.56 56.49 802.75 198.17 168.54 458.58 1,617.36 41,455.43 50.00 767.50 14.95 12.89 342.75 46,096.62 36.68 29.99 10.29 27.98 247.88 392.97 13.12 758.91 42.34 49.60 84.87 7 CITY OF OWASSO GENERAL FUND 1/15/99 6:49:44 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- 991548 CITY GARAGE 991688 FOR BASEBALL 991711 WENDLAND NURSERY 991713 KIMBALL ACE HARDWARE 991794 PSO 991796 MCI TELECOMMUNICATIONS VEHICLE MAINT-12/98 RESTROOM GLEANING TREES-GRANT 11/3/98 MAINT SUPPLIES 12/98 USE 12/98 USE 512.63 160.00 6,730.00 101.24 1,625.54 4.73 DEPARTMENT TOTAL =___> ECONOMIC DEVELOPMENT ------------------------------ 991721 FRANKLIN QUEST OFFICE SUPPLIES 991746 ALL COPY SUPPLIES COPIER RENTAL 991752 TREASURER PETTY CASH TOBIAS-MILEAGE 991796 MCI TELECOMMUNICATIONS 12/98 USE DEPARTMENT TOTAL =___> FUND TOTAL =___> 9,310.95 38.95 50.00 178.39 22.55 289.89 83,825.48 CITY OF OWASSO WORKERS' COMP SELF-INS PLAN ' 1/15/99 6:49:44 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- --------- GENERAL GOVERNMENT ------------------------------ 990044 UNITED SAFETY & CLAIMS IN ADMIN FEE 990088 RADIOLOGY CONSULTANTS OF J05318 990147 EMERGENCY CARE, INC. J05318 991466 MEDCENTER INC M11038 991553 MEDCENTER INC 511208 991644 MEDCENTER INC S11208 991655 ST FRANCIS HOSPITAL J05318 991656 HAND SURGERY INC S09108 991657 P.R.O.S. & ASSOC 509108 991731 FELDMAN, FRANDEN, WOODARD D01147 991733 CLAIM RESEARCH SERVICES I D01147 DEPARTMENT TOTAL =___> FUND TOTAL =___> 933.75 17.66 161.00 298.54 138.64 204.98 233.75 77.49 33.75 405.00 997.20 3,501.76 3,501.76 1 CITY OF OWASSO AMBULANCE SERVICE FUND 1/15/99 6:49:44 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- AMBULANCE ------------------------------ 990005 MEDICLAIMS, INC. 990028 JEFFERY GALLES DO 990029 MEDICAL COMPLIANCE SPECIA 991484 PACE PRODUCTS OF TULSA IN 991581 ALLIANCE MEDICAL INC 991693 AT&T WIRELESS SERVICES 991708 HILLCREST MEDICAL CENTER 991712 NATIONAL REGISTRY OF EMT' 991751 SUBURBAN OFFICE SUPPLY MONTHLY SERVICE FEE EMS AUDIT BIO-WASTE DISPOSAL AMBULANCE SUPPLIES AMBULANCE SUPPLIES PHONE USE-ALL IMMUNIZATIONS RECERTIFICATION FEES OFFICE SUPPLIES 1,573.00 250.00 60.00 42.00 316.61 46.87 127.00 85.00 30.31 DEPARTMENT TOTAL =___> FUND TOTAL =___> 2,530.79 2.530.79 CITY OF OWASSO CITY GARAGE ~ 1/15/99 6:49:44 PO # VENDOR DESCRIPTION APAPVR PAGE: 14 AMOUNT ---------- ------------------------- ------------------------- ---- CITY GARAGE ------------------------------ 990195 YALE UNIFORM RENTAL UNIFORM RENTAL 49.80 990280 YOUNG'S TIRE SERVICE TIRE REPAIRS 35.00 990281 SAM'S CLUB MAINT SUPPLIES 36.24 990282 CONTINENTAL BATTERY CO BATTERIES 363.65 990283 CROW BURLINGAME REPAIR PARTS 359.03 990283 CROW BURLINGAME REPAIR PARTS 15.00 990285 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 46.75 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 37.99 990296 WELSCO INC CYLINDER RENTAL 36.90 991547 GO SYSTEMS FUEL-12/98 9.29 991548 CITY GARAGE VEHICLE MAINT-12/98 878.54 991658 OWASSO GLASS GLASS REPAIRS 41.66 991659 TULSA AUTO COLLECTION REPAIR PARTS 25.50 991698 JERRY WOODS WELDING REPAIRS-TRUCK 310.00 991699 WAL-MART COMPUTER PROGRAM 89.96 991699 WAL-MART OFFICE SUPPLIES 1.50 991701 KEYSTONE EQUIPMENT CO EQUIPMENT PARTS 154.08 991702 DRIVE TRAIN SPECIALISTS REPAIR PARTS 75.48 991705 AUTO ZONE REPAIR PARTS 22.91 991707 RON BALES VEHICLE REPAIRS 408.00 991743 EQUIPMENT ONE RENTAL & SA PROPANE 36.75 991744 RICH WHOLESALE TIRE TIRES 353.28 991745 TULCO OILS INC HYDRAULIC OIL 199.99 991747 CLASSIC CHEVROLET VEHICLE REPAIRS 33.24 991747 CLASSIC CHEVROLET VEHICLE REPAIRS 141.30 991748 SUBURBAN OFFICE SUPPLY OFFICE SUPPLIES 15.62 991749 PAULS ALTERNATOR SERVICE REPAIR PARTS 111.28 991752 TREASURER PETTY CASH REIMB PETTY CASH 11.75 991752 TREASURER PETTY CASH MAINT SUPPLIES 30.94 991794 PSO 12/98 USE 178.17 991796 MCI TELECOMMUNICATIONS 12/98 USE 9.13 DEPARTMENT TOTAL =___> 4,118.73 FUND TOTAL =___> A/P CLAIMS REPORT 4,118.73 CITY OF OWASSO CAPITAL IMPROVEMENTS 1/15/99 6:49:44 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- GENERAL GOVERNMENT ------------------------------ 990258 CN HASKELL & ASSOC 990258 CN HASKELL & ASSOC DEPARTMENT TOTAL =___> COMPUTER SERVICES COMPUTER SERVICES 1,179.50 607.00 1,786.50 FUND TOTAL =___> 1,786.50 CITY OF OWASSO CAPITAL PROJECTS GRANT 1/15/99 6:49:44 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION -__AMOUNT____ ------ ------------------------- ODOT-INDUSTRIAL ACCESS PROJECT 991343 YOCHAM ENTERPRISES INC DEPARTMENT TOTAL =___> FUND TOTAL =___> NSP ROADWAY 10/6/98 156,600.00 156,600.00 156,600.00 16 CITY OF OWASSO BOND PROJECTS FUND 1/15/99 6:49:44 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- FACILITY IMPROVEMENTS ------------------------------ 991695 COMMERCE & LEGAL NEWS DEPARTMENT TOTAL =___> STREET IMPROVEMENTS ------------------------------ 991413 HORIZON CONST CO INC 991413 HORIZON CONST CO INC DEPARTMENT TOTAL =___> LEGAL NOTICES 31.20 31.20 STREET REPAIRS 10/20/98 27,582.02 STREET REPAIRS 10/20/98 63,681.12 91,263.14 SPORTS PARK IMPROVEMENTS ------------------------------ 991695 COMMERCE & LEGAL NEWS DEPARTMENT TOTAL =___> LEGAL NOTICES 33.60 33.60 FUND TOTAL =___> 91,327.94 i ~ CITY OF OWASSO A/P TRANSFER REPORT VENDOR DESCRIPTION AMOUNT TRANSFERS CEMETERY CARE AMBULANCE CAPITAL TRANSFERS TOTAL REVENUE TRANSFER FROM GENERAL FUND 81.25 REVENUE TRANSFER FROM AMBULANCE FUND 4,029.29 4,110.54 CITY OF OWASSO A/P TRANSFER REPORT VENDOR DESCRIPTION TRANSFERS CITY GARAGE TRANSFER FROM GENERAL FUND WORKER'S COMP SELF INS TRANSFER FROM GENERAL FUND GENERAL FUND TRANSFER FROM AMBULANCE FUND GENERAL FUND TRANSFER FROM E-911 FUND GENERAL FUND TRANSFER FROM BOND PROJECT FUND GENERAL FUND TRANSFER FROM CAPITAL IMPROVEMENT FUND AMOUNT 4, 875.00 10, 000.00 20,000.00 1, 621.67 4,209.16 6,441.38 TRANSFERS TOTAL 47,147.21 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 01 /02/99 Department Overtime Expenses Total Expenses General Fund Managerial . 0:00 `; <. 10,709 83 -` Finance 0.00 8,157.47 Cemmuriity Development < 0:00 7,28219 ;;; Municipal Court 0.00 2,058.14 Engineering ,I > .. Q:00 ;. 4,954 48;. Information Systems 0.00 2,768.85 Support Services 0.00 4,24$ 39 Police 0.00 48,182.37 - .Central Dispatch 154.13 5,327 73 Animal Control 0.00 1 614.58 Eire ;; 393.42 41,346 51 >; Street 819.79 11,845.67 Community-Senior Center` 0.00 3,166.29 Park Maintenace 0.00 3,525.18 General Fund Total $1,367.34 $157,159.53 ~" Garage Fund Garage $0.00 $3,631.17 Garage Fund Total $0.00 $3,631.17 APPROVED: 01/19/99 Mayor Council Member Council Member MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: PHIL LUTZ, P.E. ENGINEERING PROJECT MANAGER ' SUBJECT: ACCEPTANCE OF STREETS AND STORM DRAIN SYSTEMS FAIRWAYS, PHASE IV ' DATE: January 12, 1999 BACKGROUND: The subdivision is located south of 96th Street North about 1/4 mile east of Mingo Road (see attached location map). The water and sanitary sewer systems were accepted by the City in April 1998. ~ FINAL INSPECTIONS: Public Works personnel conducted final inspections with contractor personnel on September 10, 1998. Punch lists of items required to meet City standards were given to the contractors on that date. All punch list items were corrected by January 4, 1999. r The contractors have provided aone-year maintenance bond for the storm drain system and atwo-year ~ bond for streets. RECOMMENDATION: Staff recommends acceptance of the Fairways, Phase IV, streets and storm drain systems. ATTACHIVIENTS: 1. Location map 2. Maintenance bonds 1 c 0 Q W ~ Z ~ ~ ~ Q J ~ ~ ~c~ana~~c~a ~ ~a aao ~a~ MD~i4G~1 101ST 101ST o ~ ~~TH c .1 _ ~ ~ ~ ``' 99TH P [~aa~r ~ ~ C~Ofi~][3~ r , ~ .]]M 98 PL~ 99 99TH ST. 1/ ~L > 98TH = ST ° d~~Y ~ ° 97TH (~ ~ ° DD C~G~I~ ~ 97TH ° 9~TN ° 97TH 0 97 H Z 96TH ° 97TH 96TH PL N 0 ...................................................... ~:_::~: ~~~#:~:~:~?~:~~. 9 6TH ST . N . ~ W :::::= FAIRWAYS IV ~ W ~ s2No sr r~~an~~m~a~r~ no Z I L = 91ST T r ~ ~ +~ Q ~ O _r ~./ `f O ° ST C~La[]G3~iIQ~'l~3 BgTH LOCATION MAP FAIRWAYS IV CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 0i1Ec 4/16/98 r~ wa 1 OF 1 Any correspondence in relation to this bond should be directed to: BOND DEPT WAUSAU INSURANCE COMPANIES PO BOX 8017 WAUSAU WI 54402-8017 1-800-435401 WAUSAU Wausau Insurance Companies Nationwide Insurance Enterprise Bond No. 005013837 Il~intenance Bond KNOW ALL MEN BY THESE PRESENTS; that we, ARROpI CONCRETE COMPANY A DIVISION OF TULSA DYNASPAN, INC. 1601E HOUSTON BROKEN ARROW OK 74012-4407 as Principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation organized under the laws of the State of Wisconsin and authorized to do a surety business in the State of OKLAHOMA , as Surety, are held and firmly bound unto the KOURTIS PROPERTIES, L.L.C. P.O. BOX 419 OWASSO OK 74055 as Obligee, in the sum of TWO HUNDRED FORTY-EIGHT THOUSAND FOUR HUNDRED SEVEN AND 60/100 DOLLARS ($248,407.60) lawful money of the United States of America, fir the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, on this 11th day of February, 1998 ,the said Principal, entered into a contract for STREET PAVING TO SERVE FAIRWAYS IV CITY OF OWASSO, OKLAHOMA for the sum of $ 2 4 8 , 4 0 7.6 0 ;and, WHEREAS, under the terms of the specifications for said work, the said Principal is required to give a bond for TWO HUNDRED FORTY-EIGHT THOUSAND FOUR HUNDRED SEVEN AND 60/100 DOLLARS ($248,407.60) to protect the Obligee against the result of faulty materials or workmanship for a period of 2 YEARS from and after the date of the completion and acceptance of same, namely, until the 20th day of April, 2000 . NOW, THEREFORE, if the said Principal shall for a period of 2 YEARS from and after the date of the completion and acceptance of same by said Obligee replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. SEALED with our seals and dated this 2nd day of March, 1998 ARROW CONCRETE COMPANY A DIVISION OF TULSA DYNASPAN, INC. Principal (Sal) By Tide INSURANCE OF WAUSAU A Mutual F S00020 F . E . COOLEY 04-96 Aao EMPLOYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY 0191020398080524 KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the Ciry of Wausau, County of Marathon, State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint F . E . COOLEY its true and lawful attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKING, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF TEN MILLION DOLLARS ($10,000,000) and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney-in-fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May, 1973, which resolution is still in effect: "RESOL-VED, that the President and any Vice President -elective or appointive - of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be, and that each of them hereby is authorized to execute powers of attorney qualifying the attorney named in the - given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be, and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect to any bond, undertaking or contract ~ of suretyship to which it is attached." IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be signed by the ,~, vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this - lst day of May 1997 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company ~. SEAL 1 By ~ ~ i ~~ J. Stephen Ryan Vice President Attest: Robert J. Besteman `~ ~ Assistant Secretary STATE OF WISCONSIN ) ss. COUNTY OF MARATHON ) On this 1st day of May 1997 ,before me personally came J. Stephen Ryan, to me known, who being by me duly sworn, did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above written. ~~ ~~ Patricia A. Herding NOTARY PUBLIC STATE OF wiSCONS[N MY ~~ "'~ STATE OF WISCONSIN ) COMMISSION EXPIRES MAY 24, 1998 ~ t CITY OF WAUSAU ) ss. CERTIFICATE COUNTY OF MARATHON ) I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney remains in full force had has not been revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the Ciry of Wausau, Marathon County, State of Wisconsin, this 2nd day of March, 1998 rn ':iSEAL ' Robert 1. Beucman 0 NOTE: For CONTRACT BOND idBR 0 0 5 013 8 3 7 ~ STREET PAVIidG TO SERVE FAIRWAYS IV U CITY OF OWASSO, OKLAHOMA _, __ OKLAHOMA SURETY COMPANY ~ - ~ ~ - Box 1409 TULSA, OKLAHOMA 74101 ~ ' OEFECT BOMD - ~ BOND NUMBER OK-OD33814 - KNOW ALL MEN BY THESE PRESENTS: THAT WE, IRA M. GREEN CONSTRUCTION COMPANY as Prinapal, and OIQAHOMA SURETY COMPANY, an Oklahoma corporation, having ~ Pdn~ P~ ~ business ~ ~ City.of Tulsa and State of Okfahoma, as Surety, are held and firmly bound unto CITY OF OWASSO 8 j5ourtis Properties. U.~. as Obligee. Twenty Four Thousand six - in the penal sum of Hundred Thirtu and no/T 00----------------- Dotlars (S 24 a 630.00 ), Lawful money of the United States of America, for the payment of which. web and trufyto be made. we bind ourselves, our heirs, eroerxrtors, admirrisirators, successors and assigns, jointly and severalty, by ~ P• WHEREAS the said Principal has corrssrtrcbed certain improvemer~ described as follows: Fairways Ill Storm Sewer.. Which said improvements have been constrvded b conform with specifications prepared by W1.11iam E. Lewis PE _ NOW. THEREFORE, THE CONDITION OF THtS OBUfiAT10N IS SUCH, that, B the said Prindpal shall mairrhin said improvements for a period of One year(s) against arty failure due 1p defective worfarar-ship or materials, said One yes) period to begin with the date of compbtion and acceptance of wch completed improvertreMS described above, then this obligation shop be null and void. otherwise to remain in full force arrd effect, subjerx however 1p the foibrrirrg express provision: The Obligee, by and through its proper represerrtaGve, shall give the Princpal and the Surety written notice of aA repairs required >a fulfill the terms of this maintenance guarantee; and the said Principal and Surety shall, after receipt of arty such notice, be allowed a reasonable period of time in which to make arty such repairs. SIGNED, sealed and dated this 14th ~ ~ ~Ipril 19 98 ~N~l`,.,./y f3L0.~~ President Principal 0 U COM - Mic eel Tedf rd ;,~~y~~,a 1 ~ OKLAHOMA SURETY COMPANY Tulsa, Oklahoma ~a '~natn all ~$len bn these presetds: That theOKLAHOMA SURETY COMPANY, a corporation of the State of Oklahoma, having its principal office in the city of Tulsa, Oklahoma, pursuant to the following By-Law, which was adopted by the Stockholders of the said Company, to-wit: Section 10, Article 1V, "All bonds, policies, undertakings or other obligations of the corporation shall be executed in the corporate name of the Company by the Chairman of the Board, The President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The Chairman of the Board, President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, or other obligations of the corporation:' The Company does hereby constitute and appoint Michael Tedford and Jacque V. Brown, individually of Claremore, OK its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed, Any and all bonds and undertakings of Suretyship , And the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said OKLAHOMA SURETY COMPANY, as fully and amply, to alI intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in 'Iltlsa, Oklahoma. IlV WITNESS WHEREOF, OKLAHOMA SURETY COMPANY presents this 8th day of Apri 1 ~ , 19 9$ ATTEST: dr n erson ASSISTANT SECRETARY Todd Bazata has executed and attested these ti ^ VICE PRESIDENT I On this $th day of Apri 1 , 19 9$ before me, a Notary Publ' of the State of Oklahoma in and • for the County of Tulsa, came the individual to me personally known to be the officer described in, and who ecuted the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, said that he is the therein des ribed and authorized officer of the OKLAHOMA SURETY COMPANY aforesaid, and that the seal affixed to the preceding instrument is the corporate of said Company, and the said corporate seal and his signature as such officer were duly affixed to th strument by the authority and direction of the said Company, and~`e`~ttiMe~~,t~~n 10, of the By-Laws of said Company eferred to in th preceding instrument, is now in force. '* ` •W~)~OF, I have hereunto set my hand and affixed my offs al seal at the Ciry of T e ay an first above `~ ~•. O ~~•~ TA,9~•O_ ~ \ W aa~c •' ~ v PUBLIC ~ ~ 6- i S" dt~s~~~~ ~ My Co 'ssion expi s - ~ • C~ ••p~~~aP ~~ ss ~ / ~i~~~~~~i elanie ay A ms Nota biic I, Sara Anderson Assistant Secretary of OKLAHOM SURETY CO PANY do hereb c rtify that the foregoing ext cts ~ of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Att a issued pursuant thereto, are e and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full f ce d effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation '/ • this 14th day of April , 19 98 . - ; . ~ _ -- - - = drd /~nderSOn Assistant Secretary A-RRRA-(1S D MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: ALLAN E. HARDER HUMAN RESOURCES DIRECTOR SUBJECT: ORDINANCE NUMBER 600, AN ORDINANCE AMENDING THE DEFINED CONTRIBUTION PLAN OF OWASSO, OKLAHOMA, ADMINISTERED BY THE OKLAHOMA MUNICIPAL RETIREMENT FUND TO ADD A NEW SECTION DEALING WITH PARTICIPANT LOANS; PROVIDING GENERAL PROCEDURES FOR PARTICIPANT LOANS, IMPOSING CONDITIONS AND _ RESTRICTIONS UPON PARTICIPANT LOANS; PROVIDING FOR ESTABLISHMENT OF LOAN ACCOUNT; PROVIDING FOR FORECLOSURE AND RESTRICTIONS; PROVIDING FOR ORDER OF APPLICATION OF ACCOUNT BALANCES TO FUND LOANS; PROVIDING FOR ESTABLISHMENT OF LOAN PROGRAM; PROVIDING FOR REPEALER AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. DATE: January 12, 1999 BACKGROUND: On September 17, 1996, the Council through Ordinance Number 530, adopted an amendment to the OMRF Defined Contribution Plan to allow participant loans from the fund. Since the effective date of that ordinance, the City through OMRF has offered participant loans to qualified employee members of the OMRF Defined Contribution Plan, with many employees having taken advantage of the loan program. ~ The City received notice from OMRF on December 3, 1998, of the Board of Trustees of OMRF adopting OMRF Resolution Number 98-1, A RESOLUTION OF THE BOARD OF TRUSTEES ' OF THE OKLAHOMA MUNICIPAL RETIREMENT FUND APPROVING REVISED POLICIES AND PROCEDURES FOR PARTICIPANT LOANS IN THE DEFINED CONTRIBUTION RETIREMENT PLANS. As a municipality participating in the loan program, the City of Owasso is required to adopt an amending ordinance to the OMRF Plan Document before March 1, 1999, that incorporates the changes approved by the Board of Trustees. With or without the adoption of the amending ordinance, the changes will be in effect for participant ~ loans originating on or after February 25, 1999. MODIFICATIONS APPROVED BY THE BOARD OF TRUSTEES• Plan modifications approved by the Board of Trustees include loan application and processing ~ procedural changes, a change in the method of calculating the interest rate charged on loans, a change in the administration fees charged for loans. the requirement to pay off existing loans prior to application for a second loan, establishment of a loan term of five years for all types of loans including mortgage loans, waiver of payments during military service of up to one year, and declaring a loan in default if a participant receives a distribution from the fund. All '~ modifications to the plan are identified in the OMRF Board of Trustees Resolution No. 98-1 and APPENDIX A, OMRF REVISED PARTICIPANT LOAN POLICIES, included as an attachment for your review. ^ HUMAN RESOURCES ACTIONS: , Human Resources has notified employees of the pending changes to the loan program and of the "window of opportunity" for any employee to request loans under the current plan, prior to the changes being effective. City Attorney Ron Cates has examined the amending ordinance and supporting materials and has approved the content. STAFF RECOMMENDATION: Staff recommends approval of Ordinance Number 600, adopting the amendments previously approved by the OMRF Board of Trustees and allowing continued participation in the OMRF Defined Contribution Plan Participant Loan Program by the City of Owasso. ATTACHMENTS: 1. Ordinance Number 600 2. OMRF letter dated November 25, 1998 3. OMRF Board of Trustees Resolution No. 98-1 and APPENDIX A, OMRF REVISED PARTICIPANT LOAN POLICIES ORDINANCE NUMBER 600 CITY OF OWASSO, OKLAHOMA AN ORDINANCE AMENDING THE DEFINED CO\TRIBUTION RETIREMENT PLAN OF THE CITY OF OWASSO, OKLAHOMA, ADMINISTERED BY THE OKLAHOMA MUNICIPAL RETIREMENT FUND TO ADD A NEW SECTION DEALING WITH PARTICIPANT LOANS; PROVIDING GENERAL PROCEDURES FOR PARTICIPANT LOANS, IMPOSING CONDITIONS AND RESTRICTIONS UPON PARTICIPANT LOANS; PROVIDING FOR ESTABLISHMENT OF LOAN ACCOUNT; PROVIDING FOR FORECLOSURE AND RESTRICTIONS; PROVIDING FOR ORDER OF APPLICATION OF ACCOUNT BALANCES TO FUND LOANS; PROVIDING FOR ESTABLISHMENT OF A LOAN PROGRAM; PROVIDING FOR REPEALER AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT: ~ SECTION ONE: The Defined Contribution Retirement Plan of the City of Owasso, Oklahoma, is hereby amended to add a new section authorizing participant loans to read as follows: SECTION 6:13 LOANS TO PARTICIPANTS: (a) General. The Committee, in its sole discretion, may direct Trustees to make loans to Participants upon the written direction and application of the Participant who desires to effect such loan, up to 50% of the vested balance of a Participant's Accounts. All such loans (i) shall not be made available to Highly Compensated Employees (as defined in Section 414(q) of the Code) in an amount greater than the amount made available to other Employees, (ii) shall be available to all Participants on a nondiscriminatory basis, (iii) shall be made available in an amount equal to the lesser of 50% of the borrowing Participant's vested Benefit in his Account or $50,000, (iv) shall bear a reasonable rate of interest which will be established by the Committee, (v) shall be secured by the borrowing Participant's Benefit account balance attributable to his Account (vi) shall be amortized and repaid in level payments of principal and interest made not less frequently than erlp monthly over the term of the loan, (vii) shall be repaid by payroll deduction while the Participant is employed; (viii) shall accelerate and be due in full on the date a Participant terminates employment with the Employer; (ix) shall not be less than $1,000 in amount~aeh; and (x) shall be made upon such other reasonable terms which the Committee shall designate, such terms being applied in a nondiscriminatory fashion; provided, in no event shall any loan have a term in excess of five years; , . There shall not be more than t~ve one loans outstanding at any time with respect to a Participant. No Participant who has borrowed from the plan may make another loan until the previous loan has been fully repaid. Outstanding loans are not subject to refinancing by a new loan. Upon direction by the Committee, and subject to Subsection (c) I below, the Trustees may foreclose upon such Participant's interest in his Account in the event of default. A loan to a Participant, when added to the outstanding balance of all other loans to the Participant from the Plan and other plans sponsored by the employer, cannot exceed $50,000, reduced by the excess of the highest outstanding balance of loans from the Plan (and all other plans sponsored by the Employer) during the one-year period ending on the day before the date the loan is made over the outstanding balance of the loans from the Plan on the date the loan is made. No distribution of a Benefit shall be made to any Participant, Beneficiary, or the estate of a Participant unless and until all unpaid loans made by the Plan to such Participant together with accrued interest have been paid in full. In determining if any of the foregoing limitations regarding the making of loans to Participants, loans made under all other plans (i) sponsored by the Employer and (ii) +~ qualified under Sections 401(a) and 501(a) of the Code will be considered. All costs and expenses of any loan will be charged to the applicable Accounts of the Participant. (b) Establishment of Loan Account. At such time as it is determined that a ,~ Participant is to receive a loan from the Plan, the loan shall be made from the Participant's applicable Account in the order and precedence indicated hereafter, and such amount shall ~~ be deemed to be credited to the Participant's Loan Account with a corresponding debit to ~~ occur to his Account as of the first day of the month in which such loan occurs: (i) first, an ~F Account holding Employer contributions, including "rollover contributions" (other than Deferred Compensation Contributions, if applicable); a~(ii) second, an Account holding ~~ Deferred Compensation Contributions, if applicable; and (iii) third, an Account holding ,b Employer Contributions which the Employer contributed pursuant to the 414(h) of the Internal Revenue Code (Government Pick-Up Option). All interest payments to be made '~ pursuant to the terms and provisions of the loan shall be credited to the applicable Account ie in such a manner so that the Loan Account will reflect unpaid principal and interest from time to time. The earnings attributable to the Loan Account shall be allocable only to the ~~~ Loan Account of such Participant and shall not be considered as general earnings of the Trust ~' Fund to be allocated to the other Participants therein as provided herein. Other than for the limited purposes of establishing a separate account for the allocation of the interest thereto, a Participant's Loan Account shall, for all other purposes, be considered as part of his applicable Account. ,, (c) Foreclosure of Loan Account. The Trustees may foreclose upon such Participant's interest in his Account in the event of default under .the loan made to the Participant under this Section. (d) Special Restrictions on Foreclosure. In the event of default under a loan made under this Section, foreclosure under the promissory note evidencing such loan and attachment of the Participant's interest in his applicable Accounts shall occur within a reasonable time following the event of default; provided, with respect to any portion of a loan secured by amounts governed under Section 401(k) of the Code, if applicable, foreclosure on such 401(k) amounts shall not occur until the occurrence of an event described under Section 401(k) of the Code which would otherwise permit a distribution to be made from the Plan. 2 .;~~ A a D 1 + r 1-Tr.~n 1 ~~rrr~ririr~~ ~ 11 V1 ~lllyuu~ L J - (fe) Establishment of Loan Program. The Trustees are hereby authorized and directed to establish a "loan program' (the "Loan Program") and the Trustees are further authorized to delegate to the Committee the duties and responsibilities with regard to the implementation of the Loan Program as adopted by the Trustees for and on behalf of the Plan. The Loan Program shall be considered to be a part of this Plan for the purposes stated in the Loan Program. (g) Loan Account. The words "Loan Account" shall mean a Participant's separate Account established in the event he desires to make a loan from his applicable Account as provided in this Section." SECTION TWO: All ordinances in conflict herewith are hereby repealed. SECTION THREE: If any part, article, section, or subsection of this ordinance shall be held invalid or unconstitutional for any reason, such holding shall not be construed to impair or invalidate the remainder of this ordinance, notwithstanding such holding: SECTION FOUR: This ordinance shall become effective on March 1, 1999. CITY OF OWASSO, OKLAHOMA ATTEST: Marcia Boutwell, City Clerk By: Approved as to form and legality on January 19, 1999 Ronald D Cates, City Attorney Denise Bode, Mayor The foregoing ordinance was introduced before the Owasso City Council on the 19th day of January, 1999, and was duly adopted and approved by the Mayor and City Council of the City of Owasso, Oklahoma, on the 19th day of January, 1999, after compliance with notice requirements of the Open Meeting Law (25 OS, Section 301, et seq). Marcia Boutwell, City Clerk i i ~ ~ 1 1 4 RECEIVED ~~ ~i 13Y: BOARD OF TRUSTEES MARCYALEXANDER, DISTRICTS, STILLWATER JERRY FARNHAM, DISTRICT 3, ADA JAYHEINRICHS, DISTRICT 1, BROKEN ARROW JIM HUDGENS, DISTRICT 2, SAWSAW JIM LUCKETT, JR., DISTRIC78, GUTHRIE JOHN SHUGART, DISTRICTS, BETHANY RANDY SWINSON, Ai-LARGE, SEMINOLE GEORGE WILKINSON, DISTRICT 7, WEATHERFORD BERTHA ANN YOUNG, DISTRICT 4, SHAWNEE Jodi Cox, Relationship Manager November 25, 1998 Allan Harder City of Owasso PO Box 180 Owasso OK 74055-0180 Dear Allan: The OMRF Board of Trustees has approved an amendment to the OMRF Defined Contribution Plan document for Participant Loans. Attached is a copy of the Board Resolution which approves the changes as outlined on Appendix A. We now need you to amend your plan document as well. Please take the following steps to ensure that the approved changes are incorporated in your plan: • Review the revised loan policies as outlined on Appendix A. Please call us with any questions you have. • Adopt the enclosed amending ordinance before March 1, 1999, and send one original back to OMRF. Please note the ordinance changes are shown with "strike-overs" through the deleted language and added language is in bold font. • Upon receipt of the amending ordinance, OMRF will send the administrative forms and instructions for you to administer participant loans. •: Introduce the new policies to the Employee group and explain that the changes . ~ will be effective for the February 25, 1999, loan applications. This will allow a "window of opportunity" for any employees who want to request a second loan or obtain a real estate loan before the effective date. We-hope you will find these changes favorable and easier to administer. Feel free to call me to discuss any aspect of the attached documents. ~~ tali// ~~ Enclosures 100 North Broadway Oklahoma City, Oklahoma 73102 1-888-FYI-OMRF Res RESOLUTION NO. ~_~~~ A RESOLUTION OF THE BOARD OF TRUSTEES OF THE OKLAHOMA MUNICIPAL RETIREMENT FUND APPROVING REVISED POLICIES AND PROCEDURES FOR PARTICIPANT LOANS IN THE DEFINED CONTRIBUTION RETIREMENT PLANS. WHEREAS, the Board of Trustees has determined it desirable and appropriate for employers under the Oklahoma Municipal Retirement Fund to authorize participant loans from their retirement systems; ^~ and, ,~ WHEREAS, in order to administer such loans it is necessary to adopt revised loan policies and procedures for participant loans. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the "~ Oklahoma Municipal Retirement Fund that the proposed amendment .,~ allowing employers to authorize participant loans, as set forth in the attached Appendix "A" is hereby approved, and the Trust Administrator is hereby directed to distribute these revised loan policies and procedures to the participating employers along with ^~ such documents as are necessary to revise the retirement plans to be consistent with these revised policies and procedures. ~ ***END*** The foregoing Resolution was duly adopted and approved by the Chairman and Board of Trustees of the Oklahoma Municipal Retirement Fund on the ~ day of i99S" , after compliance with notice requirements of th Open Meeting Law (25 OSA, Sections 301, et seq.) ~~ ~. CHAIRMA ATTEST: SECR ARY rl Approved as to form and legality on ,~l gGls/ ~ , 19 9~ ,, ~ r -~i i ~ TR S ATT N Y 1~ APPENDIX A OMRF REVISED PARTICIPANT LOAN POLICIES Current Policy Application For Loan and Trust Administrator's Action (Form 6.01) must be completed and received by the OMRF office by the 25th of the month. The loan will be funded on the 15th of the following month. Checks are only issued and mailed if all signed paperwork is returned by the 15th. 2. Participant loans must be repaid through payroll deductions with payments being due as of the 15th of each month. 3. Loans may not exceed the lesser of $50,000 or up to 50% of the Vested Account Balance. 4. Minimum amount of loan: $1,000 5. Applicable interest rate on the loan will be 2% above a base Certificate of Deposit rate quoted as of the 25th day of the prior month in which the loan is funded and based on the same term of the loan (one to five years). If the loan is to secure a principal residence of the Participant, the interest rate will be a base mortgage company's rate. The interest rate will be fixed for the term of the loan. S. The Participant will pay a $20 set-up fee upon submitting the Application For Loan and Trust Admnistrator's Action (to be deducted from the Participant's OMRF account) and a monthly $4 posting fee with each monthly loan payment. 7. The Participant's loan will be secured by a pledge of not more than 50% of the borrower's Vested Account Balance. 8. As a condition of the loan, the Participant consents to a reduction of his/her vested account balance if an event of default occurs. Revised Policy 1. The check is mailed with the loan documents, and the Authorized Agent is asked to get all appropriate signatures before delivering the check. 2. (same) 3. (same) 4. (same) 5. The interest rate is 1 % above the Prime Interest rate in the Mid-West edition of the Wall Street Journal and updated the 25th of each month. 6. $150 set-up fee and no monthly processing fee. 7. (same) 8. (same) 9. A Participant loan will become a separate asset in 9. (same) a segregated fund of the borrower's vested account balance. All payments of principal and interest on the loan will be allocated solely to such borrower's vested account balance. 10. Loan withdrawals and loan payments will be 10. (same) posted to a Participant's account pro rata of investment selections. APPENDIX A Current Policv 11. A loan can be prepaid without penalties. 12. A loan will be considered in default upon termination of employment (for any reason including: retirement, disability, death or other) of the Participant. A Participant will have three months from date of termination to pay the balance of the loan, including applicable fees. If the loan is not paid off, a deemed distribution equal to the unpaid principal, interest and fees, will occur and be reported as taxable income to the Participant. 13. No distribution will occur to a terminated Participant or Beneficiary until all unpaid loans (including applicable interest and fees) have been paid in full. Since 90 days are allowed to pay back the loan, distributions are held for 90 days. 14. A second loan may be requested only if the first loan is refinanced simultaneously. 15. Loans can be established to be paid over one to five years. Mortgage loans may be paid over a period of up to 30 years. Revised Policv 11. (same) 12. (same) ,~ 13. (Refer to #18 below) Distributions are not held up to allow for loan pay back. If a distribution is requested, it is assumed that the Participant has no i intention of paying back the loan. ` 14. Not available. The first loan must be f ~ repaid before additional funds can be requested. 15. Repayment limited to five years. (No j exceptions for home mortgage loans.) Other policies: 16. Loans are not available -- ~ to an "alternate payee"; ~ to any beneficiary of a deceased Participant; and ~ to any Participant who refuses to sign all loan documents. 17. Loan payments are not required during military or other approved leave (up to one year) with written notification of such leave. Loans are not extended but are recalculated for the remainder of the loan term. 18. Loan is in default if the Participant receives a distribution. MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: AUDIT REPORT FOR FISCAL 1997-98 DATE: January 15, 1999 BACKGROUND• An independent audit, performed by a certified accountant, is required by City Charter and state statutes. The report of the independent auditor must be filed with the governing body and with the office of the State Auditor and Inspector. On March 3, 1998, the City Council approved a contract with Michael A. Crawford, Inc. of Oklahoma City to perform an audit for the city and its trust authorities. The firm previously served as auditors for the City in fiscal years 1987 through 1990. All audit work is complete and copies of the financial statements were distributed to the Council on Tuesday, January 12. Frank Crawford will represent the accounting firm and will present the audit at the City Council meeting. If the Council has any questions or would like additional information after that presentation, I would be glad to address those requests. Copies of the audited financial statements are also available for public inspection in the Finance Department at City Hall. RECOMMENDATION: Staff recommends that the City Council take action to "receive" the audit report. 1 1 1 MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: BOB ALLEN FIRE CHIEF SUBJECT: PURCHASE OF LIFE PAK 12 DATE: December 17, 1998 BACKGROUND: The City of Owasso is licensed as an Advanced Life Support service with the State Department of Health. The use of Individual Protocols allows us to utilize paramedics on the ambulance. Currently we have six paramedics within the department, two on each shift. The Oklahoma State Department of Health also requires that with paramedics on the ambulance, we must have manual Defibrillators in place. The Defibrillators currently being used are five and nine years old respectively and have exceeded their life expectancy. This budget year, funds were identified for replacing these Defibrillators. In September, the Fire Department field-tested available manual Defibrillators, and two companies offered Defibrillators that could be used. In addition, input from the paramedics who would be using the Defibrillators was gathered on the ease of use and the compatibility of the Defibrillators with current equipment, such as the AED's and battery charging devices. SPECIFICATIONS: After all needed information was gathered, specifications were drafted on November 3, 1998, and were sent out to Alliance Medical Supply, Zoll Medical Supply and Physio Control Products on or about November 30, 1998. Bids were returned from Zoll Medical and Physio-Control, then opened on December 8, 1998 at 2:00 p.m. Zoll Medical sent back the packet stating at this time they chose not to bid, but wished to remain on the list for future bids. Physio-Control returned the bid packet and met all of the requirements of the specifications. PURCHASE OF LIFE PAK 12 DECEMBER 17, 1998 PAGE 2 RECOMMENDATION: The staff recommends City Council authorization for the purchase of two (2) manual Defibrillators (Life-Pak 12) from Physio-Control Products for a total amount of $18,470.80. ATTACHMENTS: 1. Specifications 2. Bid Proposal SPECIFICATIONS FOR BID AND DELIVERY A DOCUMENT SHOWING GOOD STANDING «~ITH THE BETTER BUSINESS BUREAU MUST BE INCLUDED WITH YOUR BID. COMPLY ~ COMPLY 2. THE MANUFACTURER MUST CARRY WORKMAN COMPENSATION INSURANCE FOR ALL ITS EMPLOYEES AND SHALL INCLUDE ACOP-Y OF APPROPRIATE DOCUMENT TO SHOW COMPLIANCE WITH YOUR BID. COMPLY ~ COMPLY ^i s~ E ~~O7~FiCr~T-E ~F iws u~,a ,~~ E -~i/~c os.~~ wi ~ ~l J7 P'~C i~A6 = . 3. Any bidder taking no exception to the specification will be required to include with his bid a list of users with current phone numbers and contact person. This list will be required to contain a minimum of five (5}users who currently own +r a system built to the exact methods of construction required by this bid. This agency does not intend to purchase any prototype equipment. If you bid no ' exception to any item you must show proof of bidders ability to provide and to have provided this product. COMPLY ~ COMPLY ANY DEVIATION FROM ITEMS 1,2,AND OR 3, WILL BE CONDSIDERED GROUNDS FOR REJECTION OF BID. COMPARISON: These specifications are intended to provide a common standard to which all vendors shall bid. For this reason, the bidder must respond to each individual item in the checklist by indicating "COMPLY" or "NOT COMPLY" where indicated. Failure to so respond, will disqualify the bid. If the bidder is not going to furnish the item EXACTLY as described in this specification, he must indicate a deviation even though he feels he may be exceeding what is described. For each deviation taken, the bid must include detailed technical description of what he will furnish as well as a full explanation of why the deviation equals or exceeds the item in the specifications. DEVIATION: Any deviations to these specifications must be stated in writing and attached to the BID PROPOSAL FORM (no exceptions). Each exception (by page and paragraph number), with explanation and detailed description of the item or items the bidder wishes to substitute. Exceptions to construction, quality, and testing in Federal Specifications models numbers, etc., as listed herein are for reference only; while it is assumed some bidders will wish to substitute some items, a• no substitutions will be permitted unless bidder complies with the above procedure when bidding, so that a fair comparison may be made. SUBSTITUTIONS: All substitutions shall be "equal to" or greater than", and exceeding the minimums of the particular items specified, and full information to enable purchaser to determine suitability shall be furnished. Purchaser or its designated agents shall be the final judge of any proposed exceptions or substitutions. 4 ~ i i Specifications for an Advanced Life support defibrillator: GENERAL i. Must operate as an AED with an advisory mode. 2. Must operate as a Manual defibrillator for ALS users 3. Must have a setup mode to allow an operator to configure the device 4. Must have an in-service mode for simulation and demonstration purposes 5. Must meet the physical characteristics of no more than 13" height, 16" width, 9" depth 6. Viewing screen will be no less than 5" wide by 4" high, and must have the ability to display one or two additional waveforms. 7. Must be able to operate within all types of environments and temperatures. COMPLY ~ COMPLY Power i. Must utilize a NiCd battery. 2. Must have a dual battery capability. 3. Must have the capability for an external AC/VDC power adapters, which allow the batteries to charge while the device is operating. a. There must be a low battery indication and message, along with a service indicator when an error is detected. COMPLY ~ COMPLY Communications 1. The device must be capable of transferring data records by PC card, internal modem or serial connection. COMPLY ~ COMPLY Data Management i. Must be able to automatically take vital sign measurements every 5 minutes, user configurable. 2. Have a 3-channel or 4-channel 121ead report 3. Must have a memory capacity of up to 100 single events, or 45 minutes of continuous EKG record. COMPLY ~ COMPLY 5 ~• Alarm ~ i. Must have an alarm that activates for all se parameters. ~ 2. Must have a VDlVT alarm dur8ng monitoring .~ ,. COMPLY ~ COMPLY ~ I Monitor 1. Must have a minimum of 3-wire cable, monitoring in leads 1, 2 and 3 and be able to upgrade to a 12-lead, or 10-wire cable in the future. 2. Must have an adjustable ECG size ~~ 3. Must have a continuous monitoring system to recognize shockable rhythms, when not 'I in and advisory mode. ,~~ 4. Must have voice prompts for selected warnings and alarms, with configurable on/off. 5. Must have SpO2 sensor '" 6. Must have the ability to take add anon-invasive blood pressure device COMPLY X COMPLY Printer I 1 ^~ 1. Must be able to utilize a 50 mm EDG paper, and be able to upgrade to a larger size if the 12-lead option is used. 2. Must have a delay button. 3. Must have an autoprint ability and be user configurable COMPLY COMPLY Defibrillator 1. Must have a combination pacing/defib pad. ~ E 5 2. Must have standard adult paddles and pediatric attachments ~E 5 3. Must be able to manually select the joule setting from 2-360 joules ~~ 5 4. Must be able to pace, either demand or non-demand rate, and synchronous cardiovert. ~E S 5. Must have a pause capability, without losing capture. j - T~ ~ v-rff~s ~ N~Tio JB~~ 6. Must have a shock advisory system that is an AED, and the joule settings be user configurable. ~,~ S S~F ~¢dod~. COMPLY COMPLY 6 ~ ~ BID PROPOSAL -SUBMITTAL PAGE BID FOR MANUAL DEFIBRILLATOR $9235.40 Note: See equipment and pricing detail in attached quotation. MANUFACTURER: PHYS10-CONTROL CORPORATION MODEL: LIFEPAK 12 DEFIBRILLATOR/MONITOR BID EXCEPTIONS: Page 6 -Defibrillator - #5 -Technology is not currently available for this function. I hereby acknowledge that I have read the specifications and that I am legally bound by the statements on the Bid Proposal -Submittal Page, and the required attachments. Signature Carol ~ Haug Birds Coordina Title PHYSIO-CONTROL CORPORATION PO BOX 87023 Address REDMOND, WA 98073-9723 i• BID OPENING: 2:00 P.M. ON DECEMBER 8, 1998. l NON COLLUSION BID AFFIDAVIT STATE OF WASHINGTON COUNTY OF KING Carole Haug , of lawful age, being first duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with State, County, or City officials or employees as to quantity, quality, or price in prospective contract, or any discussions between bidder and any State, County, or City official concerning exchange of money or other thing of value for special consideration in the letting of a contract. Name:_ Carole Haug/Bids Coordinator ~ji Signature Subscribed and sworn before me this ~5~ day of..U~ `Y~~~~ , 199 ss ~ ~ ~~ Notary Public My Commission Expires: «/a~~99 -~ ,~~~~~ ~,~EN ~ C, T ~~i ~~~ •~~S~i~NClF,p~~ u° NOT ~~ T 9 ~~: N :off ~~ ~(~ ~. ~9 ~ OF ,9~• 2' NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL P hysim Contr of Co:pO rrt n)n Cristo mnr ii_i pl~o it C;unu' . . ' ', 1%{ i t ':1'I II,. •: H .ail f tit Lli lco G~~s S17U'_.~ T~Jr ~ t i JOi).94 .l ~~. ... ~~t.Y ~I) 1)J.41AF L 11'x: :i i~~/1~`J ~~ ill l7 LS t"~l{~ LIFLS n~i''~-~~ f/~11~1 ~~ December 1, 1998 City of Owasso Office of the City Clerk City Hall 207 South Cedar Owasso, OK 74055 RE: Request for Bid for Defibrillator ~ Thank you for the opportunity to bid on your equipment requirements. Physio-Control is pleased to offer the following equipment and pricing for your consideration. Qty Description Unit Total yr Price Price 1 LIFEPAK®12 defibrillator/monitor 7995.00 $7995.00 1 Trade-in allowance for LIFEPAK lOP unit (2000.00) (2000.00) ' Less discount ( 479.60) ( 479.60) 1 Pacing option 1395.00 1395.00 1 Sp02 option 1175.00 1175.00 ~ 1 Adult finger sensor 250.00 No Charge 3 FASTPAK®2 batteries w/fuel gauge 135.00 No Charge 1 Battery Support System 2 1650.00 1650.00 1 Trade-in allowance for old battery IYr support system (500.00) (500.00) 1 Basic carry case 99.00 No Charge 1 Top pouch 39.00 No Charge ' 1 Left pouch 29.00 No Charge 1 Back pouch - large 39.00 No Charge 1 FASTPATCH® adapter cable 130.00 No Charge 2 sets FASTPATCH Plus electrodes 19.50 No Charge TOTAL $9235.40 ' References• Grove EMS 1310 South Main Grove, OK 74344 Jeff Dozier 918/786-2243, ext. 457 St. Johns EMS 1235 E. Cherokee Springfield, MO 65804 Jeff Holmes 4417/888-8622 Life EMS PO Box 365 Enid, OK 73702 Jimmy Johnson 580/233-2245 Park View Hospital EMS PO Box 129 E1 Reno, OK 73036 Ray Simpson 405/267-2640 EMSA 1417 N. Lansing Avenue Tulsa, OK 74106 Tom Nichols 918/596-3042 Terms are net 30 days. Delivery is approximately 30-60 days ARO. Shipping is FOB Redmond, WA. If ou have '~ y questions, please contact your account consultant Carl Rowe at 1-800-442-1142, ext. 2205. Sincerely, PHYSIO-CONTROL CORPORATION 1 ~~ , role Ha g/ Bids Coord'~nator NOU 30 '9B 9:56 FROM 206731 PAGE.002 BETTER BUSINESS BUREAU REPORT Date Written 11/2-5/9G Date Expires 11/25/99 THIS REPORT HAS BEEN OBTAINED FROM SOURCES DEEMED TO BE RELIABLE. IT IS NOT TO BE USED FOR SALES OR PROMOTIONAL PURPOSES. Physio Control Corporation 1YBI1 Willows Rd NE Redmond, WA 98052 (42S) 6674000 principal: Mr Richard O Martin, President Type/Busi- Hospital, Surgical & Medical Equip & Supplies Business Start Date: 01/01/55 BBB File Qpen Date: 01/01/80 According to information in our files, Physio Control Garporation began business in 1955. Mr Richard O Martin is listed as the President. The Bureau opened its file in 1980. This company ie a member of the Better 8usine~s Bureau and has agreed to the Bureau's membership standards. Based on BBB standards, our file experience shows this company has a satisfactory business. record. Ta qualify fc5r a satisfactory record at the BBB, a company must be in business far at least one year, properly handle matters referred to it by the Bureau, be free from an unusual volume or pattern of complaints, and be free of serious law enforcement actions involving its marketplace conduct. Our file on this member company shows no coiciplaints have been received withia the last three years. Better Business Bureau reports are based on our files aver the past three years. As a matter of policy, the Better Business Bureau does not endorse any product, service or company, BBB reports are provided solely to assist you in exercising your own best judgement and are Subject to change at any time. We urge the caller to contact other sources of information. Please Cell the company you called. r. nesrnn.~ n~nw VKtCiVN: 333 b.rv. din rwu~~~, ~.nni - ..•. ,..+-••.•~ .,. .---~- ---- PORTLAND: {503) 222-2255 • OUTSIDE °QRTLAND 1-80088-d155 • FPJ(: (.7C31 ' Www.bbbArg~bbb! • infp(g?W~4bbb.Orp (~ WESTERN WASHiNGTUN: 4800 50.188TH STREET, iF22z • P.O. BOX 58326 • SFATAC~ bb 1{VOGTON %8168-OQ 1~ otg SEATTLE:1,206) 431-2227 • 011T51L1ESEATTLEARE1+i-SOo-216-727 ' FfnX: (zf,6) 431-2211 ~lbbb *~ TOTAL PAGE.0D2 ** ACORD NF ~ T G ~N CE A S e d g w i c k o f Oregon , Inc . 1 BOLDER. THIS CERTIF CA E DOES NO AFIEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO 1 1 S W C o l u m b i a H. Port 1 dnd, DR 9720 1 COMPANIES AFFORDING COVERAGE 503-248-6400 COMPANY q Federal Insurance Co. INSURED i ~ COMPANY g Federal Insurance Co. Physio-Control Int'1 Corp COMPANY 11811 Willows Rd(PO Box 91006) I C K Redmond WA 98073-9706 em pe-~~n5~~`~-fie Gro~° COMPANY p Medmarc Casualty Insurance Co. COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED I B INDICATED, NOTiJITHSTANDING ANY REQUIREMENT TERM OR CONDIT ELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD ION , CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AF OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS FORDED _ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS M . , AY HAVE BEEN REDUCED BY PAID CLAIMS. ~ TYPE OF INSURANCE LTR POLICY NUMBER POLICY EFFEGTNE POLICY ExRRAiION DATE(MM/DD/Yl'J DATE(MM/DD/YY) UMfTS ~ ~~ ~'"`~~ 353344740 X COMMERCIAL GENERAL LIABILITY 7 /29 /98 , 7 /29 /99 GENERALAGGAEGATE S 2000000 CLAIMS OCCUR MADE X PRODUCTS-COMP/OP AGG g }r OWNER'S & CONT PROT PERSONAL & ADV INJURY g EACH OCCURRENCE S l O O O O O O FIRE DAMAGE (Any one fire ) S - MEDEXP (Any one person) S 1 0 0 0 0 B "urw~oenEUaeltm X 732236940 7/29/98 7/29/99 ANY AUTO COMBINED SINGLE LIMIT S ALL OWNED AUTO 1000000 S SCHEDULED AUTOS BODILY INJURY (Per person) S X HIRED AUTOS NON-OWNED AUTO I BODILY INJURY S . (Per accident) PROPERTY DAMAGE S GARA GE UABILLTY ANY AUTO AUTO ONLY - EA ACCIDENT S i OTHER THAN AUTO ONLY: EACH ACCIDENT S B Ex~ssL~ABI~Y 796495460 1/29/98 7/29/99 AGGREGATE 5 5 0 0 0 0 0 0 X UMBRELLA FORM EACH OCCURRENCE 5 OTHER THAN UMBRELLA FORM i AGGREGATE s 5 0 0 0 O O O C W°Fn°'""N's c°MPE"s^TroN AND 3 C E 0 2 0 8 8 6 0 2 EMPLOYERS LL4BrtfTY 7/ 2 9/ 9 8 7/ 2 9/ 9 9 X we sTATU- oTH- TORY LIMITS -a ~~ THE PROPRIETOR/ I INCL ER EL [ACH ACCIDENT S l O O O O O O PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE -POLICY LIMB S 1000000 _- ~ on-IER --- -- EL DISEASE - EA EMPLOYEE s 1 0 0 0 0 0 0 D 98WA380004 7/29/98 7/29/99 PRODUCTS LIABILI Y CLAIMS MADE FORM $2,0 0,000 PER OCCURRENCE ~ INCLUDES VERDORS OROAD FORM $4,0 0,000 AGGREGATE ~ SELF DESCRIPTION of oPERATroNSILOCATIONS/VE)iICLES/SPEgAL rTEMs INSURED RETENTION: $100,000 OCC. $500,000 AGG. CERTIFlCATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DE9CR10ED PEES BE CANCEl1ID BEFORE THE EXPIRATKxJ DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL INSUREDS COPY 3 ~ DAYS "~~ ~~ TO THE CETiT1FICJITE HOLDETT NMAED TO THEIF}T ~ BUT FAILURE TO MAIL SUCH NOTICE MPOSE NO OBLIGATION OR UABILTTY OF ANY THE COMPANY LTS p.REpFlESEMATNES- - AurTlora~n - - -- JACK PE ERSON CERTIFICATE OF LIABILITY INSURANCE °^TE~+- 8/20/98 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CO X11 ArORD 25-S (1195) 1 0 - 3 6 L/ ,: (c)ACORD COFiPOR%1TION 199:1 ' MEMORANDUM TO: FROM: SUBJECT: DATE: BACKGROUND THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO THERON WARLICK CITY PLANNER ANNEXATION REQUEST A & W LAND DEVELOPMENT, INC. January 13, 1999 A & W Land Development, Inc., has submitted a petition to the City of Owasso requesting annexation of property totaling approximately 71.62 acres. The subject property is described as a tract of land in Section 6, Township 21 North, Range 14 East, Tulsa County, Oklahoma. The subject property is located to the northwest of N 109` E Avenue, adjacent to the Country Estates II subdivision. Country Estates III lies to the south of the subject property. To the southeast of the subject property lies Country Estates II. Country Estates II and III are zoned RS-3. Country Estates II is being developed as single-family housing and Country Estates III is proposed to provide additional single-family homesites for this rapidly growing area. The subject property is zoned AG (Agriculture) in Tulsa County and would also be zoned AG (Agriculture) upon annexation into the City of Owasso. The developer plans to construct Country Estates IV on the subject property, which will provide additional property for homesites. If annexation is approved by City Council, rezoning and platting of the property would be necessary prior to development. The Owasso Annexation Committee reviewed the subject property at their January 11, 1999 meeting. The Committee recommended annexation by a vote of 4-0. The subject property was reviewed at the November 25, 1998 meeting of the Owasso Technical Advisory Committee. The City of Owasso can provide water and sewer to the site. It was noted, however, that the northern portion of the subject property lies in the water service area of Washington County Rural Water District #3. Much of the development in the western portion of Owasso, including the Fairways and Country Estates, has taken place in the Washington County Water District service area, but the development has taken place within a special boundary established by a court settlement. In 1981, a district court settlement defined a boundary where the City of Owasso was permitted to provide water service. As part of the settlement, the developer was required to pay a fee of $50 per tap to the Water District. C:\Owasso\Planning Commission\01-12-99\CEIV annexation\MEMORANDUM - CE IV annexation.doc A portion of the subject property actually lies to the north of the court settlement boundary. Staff has contacted Washington County Rural Water District #3 regarding service to the northern portion of the subject property. Jerry Gammill, Water Superintendent, presented this information to the i, Water District Board of Directors and they have voted in favor of providing water service to the northern portion of the site. ~, While it appears that, through one means or another, water service will be available to the subject site, staff anticipates that the developer may propose alternatives in order to avoid the additional costs associated with designing two water systems. Having two water service providers within the same subdivision may also present some challenges for the City, particularly in the area of billing, but the problems do not appear to be insurmountable. Coordination of water and sewer service in order to ensure payment for services maybe possible through an agreement with the water district. At this time, Dwayne Henderson of OPWA has requested samples of shutoff agreements from USDA (formerly Farmer's Home Administration). USDA provides administrative and financial assistance to Rural Washington Water District #3 as well as rural water districts across the country. Mr. Henderson noted that overlapping service boundaries are fairly common and shutoff agreements are a routine method of resolving many payment issues. Staff anticipates an adequate resolution of water issues prior to platting of the subject property. This is an interior tract with no portion abutting an arterial road. There are three possible points of access: N 103rd E Avenue in the West Port Addition, E 118''' Court N in Country Estates III, and N 111"' E Avenue. These access points will provide adequate means of ingress/egress for the subject site. The Owasso Planning Commission reviewed the subject property at the January 12, 1999 meeting. The Planning Commission recommended approval of the annexation request by a vote of 5-0. Notification of the annexation request was published in the Owasso Reporter on December 17 and December 24, 1998 to notify the public of the annexation request before the Planning Commission on January 12, 1999. That was followed by notification published two consecutive weeks in the Owasso Reporter on December 31, 1998 and January 7, 1999 to notify the public of possible City Council action regarding the request on January 19, 1999. In addition to the annexation policy, a copy of the procedures for annexation is also attached for your information and review. RECOMMENDATION Staff recommends approval of the proposed annexation request. ATTACHMENTS 1. Subject Map, 2. City of Owasso's Annexation Policy, 3. City of Owasso Annexation Procedures, 4. Water District Boundary Map, 5. 1981 Court Settlement with RWWD #3, 6. Copy of the Annexation Advertisement. C:\Owasso\Planning Commission\01-12-99\CEIV annexation\MEMORANDLJM - CE IV annexation.doc w ~~ ~ ~„ i ~~ ~_ ~~ 0 Q :s 0 a J 'S ~~f Q }i. Q ti s~= OWASSO SPORTS-PLEX ;' ' 3t A /'~ J / • '~'t l 1 RE " Subject _ :. Property - ~ a :® RE ;, • '*'* ~- , ~ ~~ E.. 120A~~ V r--~•- ~ ~ _~._ ~ Country _ :_ Estates II ~. ..~ _~, i 1 , 1 1 1 1 l"l 1 1 l- C URT M z _ iJ ~ . 1 i i E.ST N8'~ S: BEET Vr c,M R :R ~ r EAST N, h '?~ ~ ~ I I i n i I , H ' TN f" ~~ OUT '. _ ~ ~- ~ ". AG ~~. AG E 116th St. N ~T < AG CS ~ ~ GS r ''' ~ ANNEXATION POLICY 1.• While there is .no minimum tract size, properties of lar g~ 20 acres are preferable. ~~ • 2 • All properties should. be contiguous to existing aity limits ~ _ _ • 3 • All properties should be. annexed ~ pinto the city limits as the ~ ' • , lowest zoning classification, that is,,• AG, ~ agricultural. Landowners may then petitiion lior rezoning if whey desixe ~ "~ further development of their property. All legal uses annexed i t n o the city will be legal, but non-conforming; which means that they may. continue but ~canno~. be expanded without proper zoning. •. 4 • .,. All public infrastructures that do not met ci: ty standards will not be .improved by the city until brought to the city standard and accepted by. the city Council. Such public facilities must . be unproved at owners expense by the establishment of a special ~ ' assessment district or some other financing method. • • . 5• ... Where a",city limit boundary- ends at a BeQicated street, the boundary will not include the street right--oP-way. ~ This policy ~~ • will establish .consistence and .allow city employees and citizens to know where the city boundaries ar A e. • 6 • Properties -that are • rej ected for annexation should not be considered for annexation :for a six ~ month period aft r e rejecti;on.~by the: City Council. '~ ~ ~ . Adopted by Council on March 1 1988. ~ ~• •~ -L -f . ~ .. PROCEDURES ROR ANNEXATION CITY COUNCIL SPONSORED ANNEXATION: 1. City Council direction to study the annexation of property. 2. Notice published two consecutive weeks in the Owasso Reporter of a~.--.: Planning Commission Hearing which will include a map and text o£ ,the,-;.: proposed annexation:, - - - 3'. Review by a Standing ~ AnnexatSon . Coao~ittee and .recommendation to .the Planning Commission and City Council. 4. Planning Commission Hearing on the proposal and recommendation to the City Council. 5. Notice published two c which twillw include themap~andRteoxtt of othe City Council Hearing proposed 8,nnexation. - 6. City. Council hearing and action on. the proposal. - 7. If .the proposal is approved._by the'~City Council, an Ordinance: Wi.ll~ " ' be prepared, approved, publ~iehed, and ~ f iled of record with the of f ice ~. of she County -Clerk;;.with s`_map of~~-she -property annexed. CITIZEN SPONSORED ANNgX9TION. -. . 1. Submission : to the .City Planner of_= en' application and petition. and ~~. an 'adminiatrative..fee es ~pxeacribed by Ordinance. 2_ Review by.a g}~a~g.Anneaation Committee and recommendation to the _ Planning- Commission'and City Crnmoil-. - - 3. Notice. puiblished once ~.the.Owaaso Reporter at the applicant's expense of . a Planning Comomisafon Hearing whiff will: include a map and text of the .proposed. annexation.. 4. Planning Commission Hearing. on the proposal and recommendation to the City Council. 5. Notice published t eo of na C ty°Council Hearing which will tinclude a applicant's-expens map and text of the- proposed annexe~tion. 6. City Council Hearing and action on the proposal. 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved,l published, and filed of record with the office of the County Clerk, with a map of the property annexed- Adopted by City Council on March 1,. 1988_ „ , :>; .:..... ..:.t'2'67H: .. ... ......... :..:.: '.'. .'.. ::.'.'S'TR~~i....:'. ..'::.:':. .. ' .. .:.... .-NfJP~'T:k'l: ........... ........................................ .............................................. ..... ..... ' ...... ' : '.;: :.:: ':.'::::.'.:':.'.'..' '. ':::::.. .... . i' :. ... . ...... ...... UHJ' ...........:.~.'.'..... ::.':.. ... ... .. .. ....... ..'. ........... ....... ........ 1':.'::.'::.'::... .. . . .... .'.7.1.6T.H . - ...... .'t+It3l~TH' ..... .... 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NORTHERN bISTRICT OF OKI,AlIOMA ~vs- •~ I ) ' United StLtes District Court ) sa NortYicrn JDistrict of Ckl,'`i'o~"`~~ X h2r)by L•.-rt1fL -.o. +. fil iu ti-io Lours : ' Cl:.. k 1 Jticx C. Silver, ;~OWASSO UTILITIES AUTHORITX, ITS ) ,j~./ 1 BOARD OF TRUSTEES, Consisting of ) gy.~1~.1111.~:GSu•~----~~ ~~JERRALD NOLT, Chairman, ) Deputy "BILL WILLIAMS, Vice Chairman, ) .:BOYD SPENCER, Secretary, and' ) ,: V. D. DUNCAN, Treasurer, ) I ~~ ~ ) i! Defendants, ) No. 77=C-99-E II ) .And ) , ~ ;FARMER'S HOME ADMINISTRATION, ';United States Department of ~;Amgericature, United States of Defendant, ,Ana BUFORD WIGGIAP[6 and. ;HELEN WILLIAMS; i .. .a ~,._ ~ `' 1 • µ Intervenors. SETTLEMENT AGREEMENT RURAL WATER DISTRICT #3, ;Washington County, Oklahoma, Plaintiff, .. „ fo a f 0 •? ~ fi 41 ~ g ~• w S ° a z 0 W J 1~ - This "hgreeiaent entered into this ~~ day of January, 1~i81 by and between ..ural Water District No. 3, 'Washington County, hereinafter referred to as,Ri~D t3, and ;!Owasso Public Works Authority hereinafter referred to as OPWA. Whereas the parties hereto have been fnvolved in !!litigation in the above entitled cause and wish to settle ';their differences and make agreements that will he binding .Ion each of the parties hereto. The parties hereto agree to `~be bound as followst ... i ' i j, r ~~ 1. Each of the parties recognize that farmers Nome f ., '~ I ,~ _ _ ...._.. ._ , kt ~° ~ ~. FE8 9 9981. ~~ Jack C. Silver, Clerl; U. S. DiS1RICT COURT DEC-2T-9S WED bY: an rr~ u....oou ruo ........,. _ _.. _. - _ _ _ _ Administration must give its approval to this agreement and lit is understood between the parties that the United States District Attorney by and through ita Assistant District I. .: ~ - . I~Attorney, Ken Snbke, has informed the parties and the Court 'that Farmers Home Administration has agreed to the settle- !~ment as hereinafter set out. 2. The parties have agreed that the shaded area in Exhibit "A" which is attached hereto and made a part hereof defines the area within Rural water District xo. 3 that can be . i .served by OPWA. in addition, it is agreed that OPwA can serve ii the subdivisions and additions to the town of Owasso, Oklahoma _ (known as Meadowcrest, Hillside, Northdale, Stee~,•Westport I and Land XI and Hale Acres I and II subdivisions without further 1iauthority from RWD ;3. RWD ;3 has agreed that no charges will i ~ be made to any persons for permission to hook onto OP,(~TA water ~~system in the above enumerated subdivisions. 3. The parties being advised by the Court, it was the 3 a~'~~t c< ~ a _~~~~ N sz ~~ a uo Q ~ 0 opinion of the Court that charges for water taps payable to RWb ;3 should be collected by RWD ;3 and upon presentment of the receipt for payment thereof, OPWA would then have the authority to sell its own water tap and install a water tap within the shaded area at the location described on the tap ,receipt obtained~fxom RWD f3. - - :. ~. The parties have further agreed that fn the event there are any water lines or improvements within the area herein granted OPWA, that OPWA will negotiate with RWA ;3 for the purchase of said lines oc improvements taking into consid- eration only the cost thereof less depreciation. The parties have further agreed that any persons now served by T2WD ;3 may 'continue to purchase water from RWD ;3 until such time as OPwA ~Itakes title to said lines by paying RWD ;3 therefor. 5. The parties have further agreed that RWD ;~ would ;'charge persons desirous of purchasing a water tap from OPwA ':'the sum of SS0.00 for each tnp requested not to exceed II ~1S200.00 per acre. In consideration of payment thereof, OPwA i ~I I~ -2- .~ .~ ~~ 1 i 1 1 ~ 1 ~ ~ ~~: i : g ;? #~~ a n :~b~a ;~~~~ would have the right to sell Water to said persons with no 'further liability on behalf of said persons; firms or cor- ,,, ... ~;porations or OPWA. •. •~• 6. IT IS FURTHEEt AGREED that within the territory (granted in Paragraph 2, supra, that there is no objection on (the part of OPWA to the RWD #3 serving a territory with one ii tap for Z~ acres or more if a developer or owner requested service from RWb #3 rather OPWA. It is understood however !(that oPWA is not obligated to furnish any city services or I isewer service to property connected to RWA #3 water ~systedt gather than the OPWA water s¢stem. I '~ ?. RWD ~3 is to be paid S50.00 for each tap already in ~~Mplaee in S1 Rio Vista subdivision k#ut OPWA shall not tie !responsible for~the collection thereof. '`~ ~~ 8. It is further agreed that the parties sill attempt ~~to negotiate and interchange for purpose of supplying water ~~to each other on an emergency basis. :~ ~i' 9. It is further agreed that an original of the ~•settlement agreement shall be filed in the above captioned ~~case. 10. For purposes of clarifying portions of the Fast _ and•West bounda'ries•of-the area granted OPWA and as defined Fitt Paragr~oh~2, supra, it.is understood that the cast boun- I~dary of the territory granted lying between 96th Street ~INorth and 116th Street North is a strip of land running IlNorth and South and being 1320 feet in width as measured I~from the Sast boundary of U. S. Highway 169. For purpose of I~further clarification, all that portion of Sectio n 13 lying !East of the Santa Fe Railroad right-a-way is in the area 'allocated to OPWA as contemplated in this agreement. ~~ it I I ... ~..r. ' _ I i 3 - r ,~ ~~ rT ~. r'' ~y zz N s ~~ a >S c 'w L 5 n N ~ ~ $ io~ie ~a WITNESS OUR f1ANDS TtiIS ~~ D ' ~ AY OI JAtIUARY~ I981. ' ~I( .. ITY OF OWASSO ~ ~'~• ' Bo d Spe cer, Mayor I ~ ATTF;ST: • I ~~:,~. City C er • I . C f . . • RU L WATER DISTRICT N0.3 ~ ~'A iINGT COI1N~, OKLAHOMA Ry: ~~ C a an of Board ATTEST: ~I Secretary/ Clerk • ,,. ~ _. + . - _. ... . -a- 1 C. f 1 1 1 ~~ Utl.'G !~`1A WCY rsr••r+ ... v.. r.... .. .. .. ..._.- ..=...._ --- -_ _ • ' ~ ~ ~ ~ !~ ~ ~ ~ 4 ~ i . ~ ~' ,~ I ~ ` ~ ~ , ~ i NLter iyld , w~Tlp~., 1-----~----_.. ~~ ~" 1 1h Q ~ ~~ ' •Z y°-~-1 I~~ i I ! ?_ ~ % 1 i ~~_--~1 ~ I`z i .~ i ~ Q ~, , { ~ a t ~ ~ ' ..........._.._........_...... ~ ~ _...w_~.._.._ .w_ 1_3 r 1 ~ ~ ~ ~ ~r ~, I f ' ~r i ~i t ~ - . ,'. ~~ja S fr I'.R• =t:•. .Krf~ .~: .~- .~ ~~ • . - V ar r_{,,.-c/-7J wcu VY•a< • •• vw•-•.~v•r rVOL aa,. ..v•~•~v ~a.r <•< ~.i ia.. ~ r•Vp . • ~ . ;p t4 ~ t 1 ~ (~ ~ l a ° G' ~ ft ~ ~ N ~ ~ a ~ ~ ~ i y D ~ • ~ _ m q ~ D ~ f n ~ r ~; ~ ~ ~ ' ~ o ~~ l g ~ ~ ~ ~ :" HaR,v~lu noAV - \ ~ T ~( ~ ~ ~ ~ : a = m "! ,W ~ ~ ~~4 ~ tio~ ~ Y ro ~ / . ~~ ~e o . ~~ 1 I 1 • ~ ' •, _ ~.j1 • . - t. - yi ~OVIEVAII~" ~ ..1' ~ r: y 1 Y ! Y ~~ , Z 1 \` r ~ ~~~ h Nnr~~~ - 'r•Y ~i MVt00 , ~ VAL(EY , • ~ ~ ' ~' 1 EXI. ~ ~._ ~ I ,. _' - + ' c i ~ x~~ x I ~ L ~ ; ~s 1 a, _ ~. ~- ~a 1 N I• i ~1 1 I~f - 1 I ~ ,~ 1 • r'~-_~~••-w~--._.~~. .._ ~ furl ~_ , 11__ c 1 _~ i .l! ~' N 1 NnW ~/'. 1 ~ •1 j ~L~ I • 1 • . N - . `~ ;• .. .-. ».1 ».. ..1.... .. .• , Roc;Ry, ---...::.__.~.~i:~ =.._~ ~YTr ~~~_._~_• ~ ~I a ~ ilk" ~ . ~ ~ . „7 r •.l.h~Y4M•1~,~ ~ , f.. 1 ~- H " - QI s ~ N _ _ ~ , 1 1 1 t.--..J._... .•tiR .... .. ,...1 ................. ...... ~~n , , I• ~ 1 , ! . -~ - 1 Please publish the following legal advertisement in the December 31,1998 and January 7, ^ 1999 editions of the Owasso Reporter. Please send Proof of Publication to: City of Owasso ATTN: Theron Warlick P.O. Box 180 Owasso, OK 74055 Please bill publication costs to: A&W Land Development PO Box 7 Owasso, OK 74055 RE: Country Estates IV //////////////////////////////////////////////////////////////////////////////////////////////////// BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PROPERTY FOR ANNEXATION CONSIDERATION The undersigned, constituting not less than three-fourths of the registered voters and being owners of not less than three-fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to-wit: A tract of land lying in Section 6, Township 21 North, Range 14 East, Tulsa County, Oklahoma, being more particularly described as follows: Commencing at the South'/4 corner of said Section 6, thence N-00-03-27-E 1276.91 feet to the Point of Beginning: Thence N-65-57-25-E 327.98 feet; Thence N-46-42-49-E 1426.07 feet; Thence N-38-00- 25-E 1045.09 feet; Thence N-37-55-40-E 12.28 feet; Thence N-00-OS-31-E 65.04 feet; Thence N-89-53-34-W 857.88 feet; Thence N-00-06-25-E 858.33 feet; Thence N-89-53-34- W 531.66 feet; Thence S-31-31-32-W 1509.15 feet; Thence Southwesterly along a curve to the left having a radius of 5743.83 feet a distance of 1484.76 feet; Thence 5-89-45-30-E 594.46 feet; Thence S-00-03-23-W 31.23 feet to the Point of Beginning containing 71.62 acres more or less. F being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby consent to the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Dated this 9~' day of December 1998. Owner(s): A&W Land Development, Incorporated ~~ NOTICE TO THE PUBLIC You are hereby advised that the above request for annexation was filed with the City Planner of the City of Owasso on the 9''' day of December, 1998, and that said request will be presented to the Owasso City Council, at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 19~' day of January, 1999. All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. See the attached map for property location. For more information on the proposed annexation contact the Community Development Department, City Hall, 207 S. Cedar, Owasso, Oklahoma, 74055 or phone (918) 272-2251. Dated at Owasso, Oklahoma, this 14~' day of December, 1998. Theron Warlick City Plannner MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER ' SUBJECT: REZONING CASE OZ-98-14 THE LAKES AT BAILEY RANCH DATE: January 13, 1999 BACKGROUND: The Larkin Bailey Foundation has requested rezoning of a 408.7 acre tract, more or less. The applicant proposes to rezone the subject property from AG (Agriculture) to RS-3 (Residential Single-Family High Density District), RM-2 (Residential Multi-Family District), OL (Light Office District), CS (Shopping Center Commercial District), and CG (General Commercial District). The complete staff report for OZ-98-14 is attached for your information and review. An erroneous legal description of the subject property appeared in the December 15, 1998 Council agenda. Further research revealed that the December 8, 1998 Planning Commission agenda also contained the erroneous legal description. City Council referred this item back to the Planning Commission for consideration and recommendation at the January 12, 1999 meeting. It is important to note that the proposed rezoning is virtually identical to the Tulsa County zoning that was in effect since 1991 prior to annexation of the subject property. The Owasso Planning Commission unanimously recommended approval of the PUD to Tulsa Metropolitan Area Planning Commission in April 1991. The purpose of the rezoning request is to establish underlying zoning for planned unit development OPUD-16 (next agenda item). In order to provide proper consideration of the PUD, it is first necessary for the applicant to obtain the underlying zoning that would allow the proposed mixed-use development. While OZ-98-14 and OPUD-16 are interrelated, both require separate action by City Council. Because of the common relationship between the two agenda items, staff will review and discuss both items simultaneously at the Council meeting. The Planning Commission approved the rezoning request at the January 12, 1999 meeting. The Planning Commission approved the request by a vote of 5-0. RECOMMENDATION: Staff recommends approval of rezoning OZ-98-14 as requested by the applicant and described in the legal advertisement included with the staff report. ATTACHMENTS: 1. OZ-98-14 Staff Report MEMORANDUM TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: REZONING - OZ-98-14 -THE LAKES AT BAILEY RANCH DATE: December 1, 1998 APPLICANT AND STATUS OF APPLICANT: Larkin Bailey Trust, applicant and owner Pittman Poe & Associates, land planners and agents for the applicant. REQUESTED ACTION AND PURPOSE: A request to rezone the subject property from AG (Agriculture District) to RS-3 (Residential Single-Family High Density District), RM-2 (Residential Multi-Family District), OL (Light Office District), CS (Shopping Center Commercial District), and CG (General Commercial District). The applicant is also requesting a PUD supplemental zoning district described in the Lakes at Bailey Ranch PUD application presented elsewhere in this agenda. The proposed rezoning and PUD district will allow a large, mixed-use, planned development. LOCATION AND SIZE: The subject property comprises slightly less than two-thirds of the land in Section 18 and is more particularly described as a portion of the N/2 and the SW/4 of Section 18, T-21-N, R-14-E, totaling 408.7 acres, more or less. The subject property is bounded by Mingo Road to the east, Garnett Road to the west, E 106 Street N to the north, and E 96ei Street N to the south. The proposed zoning district sizes are as follows: 1. RS-3 (Residential Single-Family High Density District) ± 364.7 acres, ~~ 2. RM-2 (Residential Multi-Family District) ± 8.5 acres, 3. OL(1) (Light Office District) ± 8.5 acres, 4. OL(2) (Light Office District) ± 7.0 acres, 5. CS(1) (Shopping Center Commercial District) ± 5.0 acres, 6. CS(2) (Shopping Center Commercial District) ± 10.0 acres, ~~ 7. CG (General Commercial District) ± 5.0 acres A map of the proposed rezoning and legal description of the subject property and proposed zoning districts are attached for your information and review. C:\Owasso\Planning Commission\12-8-98\OZ-98-14 -Rezoning -Lakes at Bailey Ranch\MEMORANDLIM - oz- 98-14.doc ' EXISTING LAND USE: The subject property is currently undeveloped. SURROUNDING LAND USE: Within Section 18, El Rio Vista subdivision is located in the SE/4 and Larkin Bailey Elementary is located in the SE/4 SW/4. Also in Section 18 are Tulsa County residential subdivisions: Coventry Gardens (SE/4 SW/4 SW/4), Kelley Ann (E/2 E/2 SW/4), and Combs Addition (NE/4 SE/4). Portions of the subject property abut the rear yards of some of the properties in the above-named developments. Agricultural land and approximately 15 rural residences are located opposite the two and a half linear miles of arterial streets on the north, east, and west. Bailey Ranch Golf Course and Fairways V Addition are located opposite E 96~' Street N to the south of the subject property. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments", Chapter 4 "Residential District Provisions", Chapter 5 "Office District Provisions", and Chapter 6 "Commercial District Provisions". SITE INFORMATION: The site is currently undeveloped. Paved, two-lane arterial streets abut the subject property on the north and west and portions of the south and east. A portion of the W/2 NW/4 of Section 18 is located in the FEMA 100-yr. Flood Boundary. No other barriers to development or other limiting characteristics are notcd at this time. The SKO Rail line crosses the site briefly near the intersection of E 106"' Street N and Mingo Road. Though rail traffic is light it is a consideration in the proposal of higher density development of this portion of the site. ANALYSIS The applicant is requesting a rezoning of 408.7 acres of land, more or less, from AG (Agriculture District) to RS-3 (Residential Single-Family High Density District), RM-2 (Residential Multi- Family District), OL (Light Office District), CS (Shopping Center Commercial District), and CG (General Commercial District). A rezoning of the subject property and subsequent approval of the PUD supplemental zoning district would allow the development of a large, mixed-use, planned development. This property was recently annexed into the City of Owasso in November 1998 and upon annexation the zoning reverted from Tulsa County zoning designations to Owasso AG (Agriculture District). It is important to note that the proposed rezoning is virtually identical to the Tulsa County zoning that was in effect since 1991 prior to annexation of the subject property. Tulsa County referred the original zoning case to the Owasso Planning Commission for comment and recommendation in a memorandum dated April 10, 1991. The minutes of the April 18, 1991 Planning Commission meeting indicate a motion to recommend that TMAPC (Tulsa Metropolitan Area Planning Commission) approve the proposed rezoning was made by Charles Willey, seconded by Gary Wells. Roll Call was as follows: ~ Charles Willey -Yes C:\Owasso\Planning Commission\12-8-98\OZ-98-14 -Rezoning -Lakes at Bailey Ranch\MEMORANDUM - oz- 98-14.doc Gary Wells - Yes Pat Imbriano -Yes Ray Haynes - Yes The motion carried 4-0. The 1985 Owasso Comprehensive Plan Update recommends medium intensity commercial- office, surrounded by medium intensity residential for the corner of E 106"' Street N and Mingo Road, the northeast corner of E 96`~ St. N and Mingo Road, and the southwest corner of E 106' Street N and Garnett Road. The proposed zoning for the subject property is consistent in size, intensity, and land use recommendations of the 1985 Comprehensive Plan Update. The Owasso Technical Advisory Committee reviewed the proposed zoning change at the November 25, 1998 meeting. Rapid growth has occurred to the north, south, and east of the subject property. Nevertheless, a review of water, sewer, and road capacities reveals that there is already adequate infrastructure available to allow for the development of the site at the proposed densities. No barriers to development were noted. Notices of the proposed zoning change were mailed to surrounding property owners and legal advertisement was published in the Owasso Reporter on November 19, 1998. Copies of both have been attached for your information and review. Additionally, the subject property was posted the week of November 15, 1998. At this time, the Community Development has received three calls and two subsequent visits regarding the proposed rezoning and development. In each case, neighboring property owners were seeking additional information regarding the proposed rezoning and PUD. No written comments opposing the request have been received. '~ Summary of Analysis The proposed zoning is very consistent with the Comprehensive Plan. In addition, the Owasso Planning Commission has previously recommended approval of a nearly identical zoning change to `~" the TMAPC in 1991. In reviewing the proposed zoning change, staff has studied the proposal and sought any changes since 1991 that support approval or denial of the application. Though the area has seen tremendous growth the north and south, development of the site is still ~ very feasible using existing infrastructure. If anything, the residential growth at Fairways, Bailey Ranch, and Country Estates, only serves to support the sound development of the area that lies in between. From an efficiency standpoint, allowing the site to develop to large-lot AG standards when water and sewer lines with excess capacity are available on either side of the site could be seen as a waste of resources. This site can clearly support development at a higher density. RECOMMENDATION Staff recommends the approval of the rezoning request from AG Agriculture District) to RS-3 ~ (Residential Single-Family High Density District), RM-2 (Residential Multi-Family District), OL (Light Office District), CS (Shopping Center Commercial District), and CG (General Commercial District) in accordance with the legal description attached herein. .~. C:\Owasso\Planning Commission\12-8-98\OZ-98-14 -Rezoning -Lakes at Bailey Ranch\MEMORANDiJM - oz- 98-14.doc ~ ~t~.; TACHMENTS 1. Rezoning Map, 2. FEMA 100-Year Flood Boundary Map, 3. Rezoning Application, 4. Affidavit of Publication, 5. Letter to surrounding property owners. C:\Owasso\Planning Commission\12-8-98\OZ-98-14 -Rezoning -Lakes at Bailey Ranch\MEMORANDUM - oz- 98-14.doc i~ i i ii ii ~~ ~~ ii Go~~, ~~ S N1 N 17 N N 1 b O ti E ~ o O-~~qq, ~ n w a R; ,n ~~ ,l U~ ~ ~ ~ yp ~ ~ 'd p E ~ ~ G 04 'O L• J cd ~ W ~ ~ ~ ~ ~ ~, ~' ~ Ew~~ cE~~ E ~ ~ ~' Q w ~ w C ~ ~' E a U ~ N ci. 0 °~~ F-.~~~°, ow a~~~ ~~ z °x c~ z z ~;t z z z N ~ .g ~ in in ~ ~ w w w w w w FROM CITY OF OWASSO OK PHONE N0. : 918 272 4997 Aug. 11 1998 08:02AM P2 , =EE SCHEDULE CITY OF OMA5S0 0- .99 acres s 75 1- 4.99 acres 100 APPEICATION FOR REZONING OZ- 5-19.99 acres 150 70 acres & above 200 General Location: Between Mingo & Garnett and 96th and 106th Streets North Present Zoning: RS, OL, CS & IL (PUD X469) Present Use: Agriculture Proposed Zoning: RS-3, RM-2, OL, CG & CS Proposed Uses Residential w/Office & Commercial Legal Description of Tract under Application: (If by metes and bounds, attach plat of survey) ~' See Attachment If applicant is other than ownar, please indicate interest: (purchaser, lps9ee, agent fors other) Owner Bill advertising and sign charges to: Larkin Bailey Trust, c/o Roy Cartwright ~ ~~ (nan-e) 612 So Denver, Tulsa, OK 74119 918/250-9080 ^~ (address) (phone) ~yl:`. I do hQrebr certify that the information herein submitted is coa~plete, true and accurate. Pittman Poe & Assoc., Inc. Signed: By~ Address: 10820 E. 45th St., Suite 101 Phone: 918/665-8805 Tulsa, OK 74146 APPLICANT - DO NDT 1RiITE HELOY THIS LINE Date Received: Fre Receipt No.: O~PC Recoewendation: Date: Uote: City Council Action: Dates vote: ~d Staff Reco~~endation: I Sec. TNp. Rg. ~~~ Ordinance No. City of Owasso 207 South Cedar PO Box 180 Owasso, OK 74055 NOTICE TO PROPERTY OWNER OZ-98-14 (918- 272-2251 FAX (918) 272-4999 ~ Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 8'~ day of December, ' 1998. At that time and place, the Owasso Planning Commission will consider a request from the Larkin Bailey Trust, applicant, for a proposed change of the zoning classification of the following described property: A TRACT OF LAND IN SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST, CONTAINING THE NORTHWEST QUARTER (NW/4) AND THE NORTHEAST ' QUARTER (NE/4) AND THE SOUTHWEST QUARTER (SW/4) OF SAID SECTION 18, LESS AND EXCEPT THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT- OF-WAY AND LESS AND EXCEPT THE NORTHEAST QUARTER (NE/4), SOUTHWEST ' QUARTER (SW/4), NORTHWEST QUARTER (NW/4), LESS AND EXCEPT THE WEST HALF (W/2), SOUTHWEST QUARTER (SW/4), NORTHWEST QUARTER (NW/4), LESS AND EXCEPT: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE/4) OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ BEGINNING AT A POINT LOCATED 400.0 FEET WEST OF THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER (SE/4); THENCE S 88°54'33"W ALONG THE SOUTH LINE OF SAID SECTION A DISTANCE OF 750.00 FEET; THENCE N Ol °05'27"W A DISTANCE OF 204.29 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 340.37 FEET AND A CENTRAL ANGLE OF 41°30'33" A DISTANCE OF 246.59 FEET; THE CHORD OF SAID CURVE BEARING N 19°39'49"E A DISTANCE OF '"~ 241.23 FEET; THENCE N 40°25'06"E A DISTANCE OF 544.92 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 480.00 FEET AND CENTRAL ANGLE OF 10°18'10" A DISTANCE OF 86.31 FEET, THE CHORD OF SAID CURVE BEARING N 35°16'01"E A DISTANCE OF 86.20 FEET; THENCE S 59°53'04"E A DISTANCE OF 294.96 ^ FEET; THENCE S O1 °05'27"E A DISTANCE OF 754.52 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE/4) OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE/4) OF THE SOUTHWEST QUARTER (SW/4) OF SAID SECTION: THENCE S 88°54'33"W ALONG THE SOUTH LINE OF SAID SECTION A DISTANCE OF 400.00 FEET; THENCE N O1°05'27"W A DISTANCE OF 320.00 FEET; THENCE N 88°54'35"E A DISTANCE OF 399.11 FEET TO A POINT ON THE WEST LINE OF EL RIO VISTA III SUBDIVISION, SAID POINT ALSO BEING LOCATED ON THE EAST LINE OF SAID SOUTHWEST QUARTER (SW/4); THENCE SOUTHERLY ALONG SAID WEST LINE OF EL RIO VISTA III SUBDIVISION AND ALONG SAID EAST LINE OF SAID SOUTHWEST QUARTER (SW/4) A DISTANCE OF 320.00 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER (SW/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST, COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SAID SECTION 18; THENCE S 88°54'33"W ALONG THE SOUTH LINE OF SAID SECTION 18, A DISTANCE OF 1150.00 FEET TO THE POINT OF BEGINNING; THENCE S 88°54'33"W, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SW/4) A DISTANCE OF 685.00 FEET, THENCE N O1°05'27"W A DISTANCE OF 470.00 FEET; THENCE N 88°54'33"E A DISTANCE OF 20.00 FEET; THENCE N O1 °05'27"W A DISTANCE OF 330.00 FEET; THENCE N 88 °54' 33 "E A DISTANCE OF 510.00 FEET; THENCE S 49 ° 34' S4"E A DISTANCE OF 425.39 FEET; THENCE S 40°25'06"W A DISTANCE OF 117.80 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 41°30'33" AND A RADIUS OF 340.37 FEET A DISTANCE OF 246.59 FEET; THENCE S O1°05'27"E A DISTANCE OF 204.29 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT: A TRACT OF LAND LOCATED IN THE EAST HALF (E/2) OF THE EAST HALF (E/2) OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SAID SECTION; THENCE N O1 15'03"E ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW/4) A DISTANCE OF 320.00 FEET TO THE POINT OF BEGINNING, THENCE S 88 54'33"W ALONG THE NORTH LINE OF THE CHURCH PROPERTY A DISTANCE OF 399.11 FEET TO A POINT ON THE EAST LINE OF THE SCHOOL PROPERTY; THENCE N O1 05'27"W ALONG SAID EAST LINE A DISTANCE OF 434.52 FEET; THENCE N 59 53'04"W ALONG THE NORTHERLY LINE OF SAID "~~ PROPERTY A DISTANCE OF 294.96 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 480.00 FEET AND CENTRAL ANGLE OF 22 21'18" A DISTANCE OF 187.28 FEET, THE CHORD OF SAID CURVE BEARING N 18 56'16"E A DISTANCE OF 186.10 FEET; THENCE N 07 45'37"E A DISTANCE OF 150.37 FEET, THENCE ALONG A '~' CURVE TO THE LEFT HAVING A RADIUS OF 480.00 FEET AND CENTRAL ANGLE OF 22 45'00" A DISTANCE OF 190.59 FEET, THE CHORD OF SAID CURVE BEARING N 03 36'53"W A DISTANCE OF 189.34 FEET; THENCE N 14 59'23"W A DISTANCE OF 178.44 FEET; THENCE N 88 54'35"E A DISTANCE OF 612.15 FEET TO A POINT ON THE WEST LINE OF EL RIO VISTA III SUBDIVISION, SAID POINT ALSO BEING LOCATED ON THE EAST LINE OF SAID SOUTHWEST QUARTER (SW/4); THENCE S O1 15'03"E ALONG SAID WEST LINE OF EL RIO VISTA III SUBDIVISION AND ALONG SAID EAST LINE OF SAID SOUTHWEST QUARTER (SW/4) A DISTANCE OF 1273.14 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT A TRACT OF LAND: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA; THENCE N 00 59'11"W A DISTANCE OF 320.00 FEET TO THE POINT OF BEGINNING; THENCE S 88 54'35"W A DISTANCE OF 1.48 FEET TO A POINT; THENCE N O1 15'03"W A DISTANCE OF 1273.14 FEET TO A POINT; THENCE N 88 54'35"E A DISTANCE OF 7.34 FEET TO A POINT ON EAST LINE OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 18, AND ON THE WESTERLY LINE OF EL RIO VISTA IV, A SUBDIVISION IN A PART OF THE NORTH HALF (N/2) OF THE SOUTHEAST QUARTER (SE/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA; THENCE S 00 59'11"E ALONG THE QUARTER SECTION LINE AND ALONG THE WESTERLY LINE OF EL RIO VISTA IV AND EL RIO VISTA III A DISTANCE OF 1273.14 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 408.7 ACRES, MORE OR LESS. LESS AND EXCEPT THE SOUTH 766.8 FEET OF THE WEST 766.8 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW/4 SW/4) AND LESS AND EXCEPT THE NORTH 730 FEET OF THE WEST 907 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW/4 NW/4) AND LESS AND EXCEPT THE NORTH 860.5 FEET OF THE EAST 860.5 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (NE/4 NE/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, CONTAINING 364.7 ACRES MORE OR LESS. The general location of the property between Mingo Road and Garnett Road and E 96`~ Street N and E 106' Street N. To be considered is a rezoning from AG (Agricultural District) to RS-3 (Residential Single-Family High-Density Zoning District), AND A TRACT OF LAND CONTAINING THE NORTH 730 FEET OF THE WEST 907 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW/4 NE/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST, LESS AND EXCEPT THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT-OF-WAY AND LESS AND EXCEPT THE NORTH 450 FEET OF THE WEST 550 FEET CONTAINING 8.5 ACRES, MORE OR LESS. The general location of the property is near the southeast corner of Mingo Road and 106`'' Street N. 1 To be considered is a rezoning from AG (Agricultural District) to RM-2 (Residential Multi-Family Medium Density District), AND A TRACT OF LAND CONTAINING THE SOUTH 766.8 FEET OF THE WEST 766.8 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW/4 SW/4) OF SECTION 18, TOWNHIPS 21 NORTH, RANGE 14 EAST, LESS AND EXCEPT THE SOUTH 466.7 FEET OF THE WEST 466.7 FEET CONTAINING 8.5 ACRES, MORE OR LESS. The general location of the property is near the northeast corner of Mingo Road and E 96~' Street N. To be considered is a rezoning from AG (Agricultural District) to OL (Light Office District), AND A TRACT OF LAND CONTAINING THE NORTH 860.5 FEET OF THE EAST 860.5 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (NE/4 NE/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST, LESS AND EXCEPT THE NORTH 660 FEET OF THE EAST 660 FEET CONTAINING 7.0 ACRES, MORE OR LESS. The general location of the property is near the southwest corner of Garnett Road and E 106`'' Street N. To be considered is a rezoning from AG (Agricultural District) to OL (Light Office District), AND A TRACT OF LAND CONTAINING THE SOUTH 466.7 FEET OF THE WEST 466.7 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW/4 SW/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST, CONTAINING 5.0 ACRES, MORE OR LESS. The general location of the property is on the northeast corner of Mingo Road E 96~' Street N. To be considered is a rezoning from AG (Agricultural District) to CS (Commercial Shopping Center District), AND A TRACT OF LAND CONTAINING THE NORTH 660 FEET OF THE EAST 660 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (NE/4 NE/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST, CONTAINING 10.0 ACRES, MORE OR LESS. The general location of the property is on the southwest corner of Garnett Road and E 106' Street N. To be considered is a rezoning from AG (Agricultural District) to CS (Commercial Shopping Center District), AND A TRACT OF LAND CONTAINING THE NORTH 450 FEET OF THE WEST 550 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW/4 NW/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST, LESS AND EXCEPT THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT-OF-WAY CONTAINING 5.0 ACRES, MORE OR LESS. The general location of the property is on the southeast corner of Mingo Road and E 106"' Street N. To be considered is a rezoning from AG (Agricultural District) to CG (General Commercial ~ District), ~ As an abutting or nearby property owner, you are being notified so that you maybe able to ~ express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso City Planner, PO Box 180, Owasso, OK 74055. Planning Staff will present these comments to the Planning Commission members at the scheduled public hearing. ~ A map showing the subject area is attached for your review. Additional information regarding this request maybe inspected in the office of the Community Development Director, 207 South Cedar, Owasso, Oklahoma, or by calling 272-2251. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 19"' day of November, 1998. Sincerely, V" Theron Warlick ' City Planner ' MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: PLANNED UNIT DEVELOPMENT OPUD 16 DATE: January 13, 1999 BACKGROUND The Larkin Bailey Foundation has requested approval of a Planned Unit Development application. The subject property is bounded by Mingo Road to the east, Garnett Road to the west, E 106' Street N to the north, and E 96`'' Street N to the south. The complete staff report for OPUD-16 is attached for your information and review. An erroneous legal description of the subject property appeared in the December 15, 1998 Council agenda. Further research revealed that the December 8, 1998 Planning Commission agenda also contained the erroneous legal description. City Council referred this item back to the Planning Commission for consideration and recommendation at the January 12, 1999 meeting. OPUD-16 consists of 408.7 acres of single-family, multi-family, commercial, and office development proposed in delineated areas. Multi-family would be located in 39.9 acres (9.8%) at two locations, apartments would be located near the southeast corner of E 106` Street N and Mingo Road and single-family townhouses would be located near Garnett Road south of E 106' Street N. Single-family housing and system of greenways would occupy the majority of the subject property. Open space is proposed for 67.8 acres (16.6%) and single-family residences are proposed for 226.9 acres (55.5%). Commercial and office are proposed for 37.4 acres (9.2%) near the intersections of arterial roads at E 106' Street N and Mingo Road, E 106"' Street N and Garnett Road, and E 96`~ Street N and Mingo Road. For the remaining 36.7 acres (8.9%), a church is proposed on Garnett Road and school site on Mingo Road. The layout of these proposed uses capitalizes on the natural features of the site, developing around low-lying floodplain areas and preserving a substantial amount of meaningful open space. This system of greenways is the unifying element for this PUD. It allows for a possible network of interconnected parks and paths linking virtually every part of the subject property. The greenways also serve as an appropriate buffer between various land uses. The residential density is comparable to the maximum permitted under conventional zoning though it is important to note that to reach this density with conventional zoning, no open space would be provided. The proposed PUD and Outline Development Plan for the subject property are virtually identical to a previous plan approved through Tulsa County in 1991. The Owasso Planning Commission unanimously recommended approval of the PUD to Tulsa Metropolitan Area Planning Commission in April 1991. Once again, because both OZ-98-14 and OPUD-16 are interrelated, both require separate action by the City Council. Because of the common relationship between the two agenda items, staff will discuss and review both items simultaneously. Please note, an affirmative vote on the underlying zoning as discussed in the previous memo is necessary before action on this item. The Owasso Planning Commission reviewed the Planned Unit Development request at their January 12, 1999 regular meeting. At that meeting, staff recommended approval of OPUD-16 with 18 conditions that are included in the attached report. The Planning Commission approved the Planned Unit Development by a vote of 5-0. RECOMMENDATION Staff recommends approval of Owasso Planned Unit Development # 16 with the 18 conditions contained within the staff report. i ~ ~ ATTACHMENTS 1. OPUD-16 Staff report. MEMORANDUM TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: OPUD-16 -THE LAKES AT BAILEY RANCH DATE: December 1, 1998 CONCEPT OF A PUD The concept behind a Planned Unit Development is that it provides a creative alternative to a conventional development where a particular tract is under common ownership or control, and a detailed plan (Outline Development Plan) for the development of the tract as a unit is proposed and submitted for public input and review. The PUD allows for greater creativity and flexibility than could be achieved by traditional zoning in planning and development of large parcels of land. ~ The PUD concept allows the developer to "collect or pick-up" all the developable floor area allowed by the various parcels zoned commercial or office and all the lots allowed by those parcels zoned single-family, and "place" them back onto the subject tract based upon an approved master plan and text (including bulk and area standards) that considers the physical conditions on and around the entire tract. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete, coordinated~lan of development for a larger parcel, rather than piecemeal the changes by using variances of the zoning regulations. When properly employed, the PUD can provide the developer with flexibility and room for creativity in design without sacrificing open space or unique physical characteristics of a site. In return, the City is provided with a detailed plan that allows for close scrutiny of a land uses and allocations, open space, and overall conformance to health, safety, and welfare concerns that the zoning code is designed to protect. BACKGROUND APPLICANT AND STATUS OF APPLICANT: Larkin Bailey Trust, applicant and owner. Pittman Poe & Associates, land planners and agents for the applicant. REQUESTED ACTION AND PURPOSE: A request for a Planned Unit Development (PUD) supplemental zoning district. The proposed PUD supplemental zoning district will allow a large, mixed-use, planned development. A proposed development plan detailing land uses, development standards, site analysis, densities, and open space is enclosed with this packet for your information ' C:\Owasso\Planning Commission\12-8-98\OPUD-16\OPUD-16.doc ~ and review. LOCATION AND SIZE: The subject property comprises slightly less than two-thirds of the land in Section 18 and is more particularly described as a portion of the N/2 and the SW/4 of Section 18, T-21-N, R-14-E, totaling 408.7 acres, more or less. The subject property is bounded by Mingo Road to the east, Garnett Road to the west, E 106"' Street N to the north, and E 96''' Street N to the south. A location map of the proposed PUD is attached in this packet. EXISTING LAND USE: The subject property is currently undeveloped. SURROUNDING LAND USE: As mentioned previously, the subject property is comprises about two-thirds of Section 18. Within Section 18, El Rio Vista subdivision is located in the SE/4 and Larkin Bailey Elementary is located in the SE/4 SW/4. Also in Section 18 are Tulsa County residential subdivisions: Coventry Gardens (SE/4 SW/4 SW/4), Kelley Ann (E/2 E/2 SW/4), and Combs Addition (NE/4 SE/4). Portions of the subject property abut the rear yards of some of the properties in the above-named developments. Agricultural land and approximately 15 rural residences are located opposite the two and a half linear miles of arterial streets on the north, east, and west. Bailey Ranch Golf Course and Fairways V Addition are located opposite E 96"' Street N to the south of the subject property. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments", Chapter 8 "Planned Unit Development", Chapter 4 "Residential District Provisions", Chapter 5 "Office District Provisions", and Chapter 6 "Commercial District Provisions". SITE INFORMATION: The site is currently undeveloped. A detailed site analysis is provided by the applicant in the proposed development plan. In reviewing the application, the following items were noted: 1. Potable Water -The applicant states that water is available from the City of Owasso and Washington Rural Water District #3. A 1981 court settlement grants the City of Owasso the opportunity to serve the entire subject site. As a part of that settlement, the owner must pay Rural Washington Water District #3 a fee of $50 for each tap desired. The developer can tie-into an existing 10-inch line on the west side on Garnett Road. 2. Sanitary Sewer -Sewer is available to the site through the City of Owasso. Capacity is available in the existing 10-inch line located on site at the midpoint of the eastern border of Section 18. This is a gravity line that travels from north to south along the west side of Mingo Road, splitting into an 8 and 10-inch line just north of E 96`~ Street N. At the November 25, 1998 meeting of the Owasso Technical Advisory Committee, sewers were not noted as a barrier to development of the PUD. 3. Floodplain - A portion of the W/2 NW/4 of Section 18 is located in the FEMA 100-yr. Flood Boundary. The developer does not propose construction in the floodplain area ~ C:\Owasso\Planning Commission\12-8-98\OPUD-16\OPUD-16.doc (approximately 19.5 acres). Rather, the Outline Development Plan proposes the floodplain area as lakes and open space. 4. Transportation -Paved, two-lane arterial streets abut the subject property on the north and west and portions of the south and east. The following estimates of traffic volume are offered for the benefit of the Planning Commission. (A cautionary note: the following is rough estimate for review purposes only and does not represent a detailed, official traffic study): a. The International Association of Traffic Engineers estimates the number of trips per day per household as follows: 1. Single-family -10 tpd, 2. Multi-family - 6 tpd, 3. Based on these estimates, the number of trips per day from the proposed development could reach 16,108 tpd, b. By mutual agreement of Oklahoma transportation planning agencies, a good level of service for two-lane arterial roads is defined as 10,000 tpd, Level of Service C. This provides good traffic movement with minimal congestion, and is the standard for development in the future, c. Traffic from the proposed development would be dispersed along the surrounding arterial roads. For purposes of review, the following r assumptions are made: 1. Mingo Road 25%, 2. Garnett Road 25%, ,~ 3. E 96"' Street N 35%, 4. E 106"' Street N 15%, ~ d. The estimated trips per day, when added to actual 1997 counts on these roads, yield the following estimates of volume: ' 1. Mingo Road - 5,200 vpd, 2. Garnett Road - 9,900 vpd, 3. E 106` Street N - 2,800 vpd, ' 4. E 96"' Street N - 6,800 vpd. Based on the estimated volumes and distributions from this PUD, the arterial roads surrounding the proposed development would maintain an acceptable level of service. The previous estimate does not examine off-site traffic impacts of this development nor does it account anticipated increases in volume caused by ~ development to the north and south of the subject property. It should be noted that acceleration/deceleration lanes would be required for this development at all collector streets intersecting arterial roads. In addition, staff recommends that the applicant employ access management techniques in commercial areas. r. C:\Owasso\Planning Commission\12-8-98\OPUD-16\OPUD-16.doc i~ 5. SKO Railroad -The SKO Rail line crosses the site briefly near the intersection of E 106`'' Street N and Mingo Road. Though rail traffic is extremely light, it is a consideration in the proposal of higher density development of this portion of the site. No development is anticipated in the small portion of land to the west of the tracks. The Outline Development Plan indicates that no multi-family areas will abut the development, however, staff recommends that a barrier fence be erected between the corner commercial area and the nearby multi-family areas to reduce the likelihood of small children straying onto the tracks. History This property was recently annexed into the City of Owasso in November 1998. Upon annexation the zoning reverted from Tulsa County zoning designations to Owasso AG (Agriculture District) and an existing PUD approved by the Tulsa Metropolitan Areas Planning Commission (TMAPC) in 1991 was removed. The proposed PUD and Outline Development Plan for the subject property virtually identical to a previous plan approved through Tulsa County. Tulsa County referred the original PUD proposal to the Owasso Planning Commission for comment and recommendation in a memorandum dated April 10, 1991. The minutes of the April 18, 1991 Planning Commission meeting indicate a motion to recommend that TMAPC approve the proposed PUD was made by Charles Willey, seconded by Gary Wells. Roll Call was as follows: Charles Willey -Yes Gary Wells -Yes Pat Imbriano -Yes Ray Haynes -Yes The motion carved 4-0. Review The Zoning Code identifies that the Planning Commission shall conduct a public hearing and shill determine: (1) Whether the PUD is consistent with the Comprehensive Plan. (2) Whether the PUD is in harmony with the existing and expected development of surrounding areas. (3) Whether the PUD is a unified treatment of the development possibilities of the project site. (4) Whether the PUD is consistent with the stated purposes and standards of the PUD Ordinance. 1 .~ C:\Owasso\Planning Commission\12-8-98\OPUD-16\OPUD-16.doc (a) Permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; (b) Permit flexibility within the development to best utilize the unique physical features of the particular site; (c) Provide and preserve meaningful open space; (d) Achieve a continuity of function and design within the development. Consistencey with the Comprehensive Plan Land Use The Comprehensive Plan is implemented through the use of the zoning process. This means that when zoning or PUD requests are presented to the Planning Commission and City Council, they should be consistent with the Comprehensive Plan or logical reasons should be presented to show that the plan needs to be amended. ~ The Comprehensive Plan designates the subject property as primarily low intensity residential with medium intensity commercial-office, surrounded by medium intensity residential for the corner of E 106"' Street N and Mingo Road, the northeast corner of E 96`~ St. N and Mingo Road, and the southwest corner of E 106` Street N and Garnett Road. The PUD proposes net densities for residential, commercial, and office that are comparable to the ' recommended land use intensities of the Comprehensive Plan, though commercial and office boundaries do not correspond to the Comprehensive Plan. In standard zoning, borders are drawn and acreages assigned for each type of land use: commercial, residential, office, etc. A PUD ~ starts with a conventional zoning overlay, then derives the number of dwelling units and the amount of commerciaUoffice floor area allowed under conventional zoning, and finally redistributes these uses with respect to the natural features of the site. Thus, a strict interpretation of the "boxes" and acreages that typify conventional zoning is not applicable. With this in mind, the overall development densities are very consistent with the overlay zoning district proposed in OZ-98-14 elsewhere in this agenda and in turn, the overlay zoning district is very consistent Comprehensive Plan. Thus the proposed residential, commercial, and office land uses within the PUD are consistent with the Comprehensive Plan, though the actual land areas appear quite different. Open Space In contrast, the open space shown on the Comprehensive Plan is nearly contiguous with the open space shown in the proposed PUD. The developer proposes to preserve low-lying drainage areas ~' C:\Owasso\Planning Commission\12-8-98\OPUD-16\OPUD-16.doc and ponds. These areas are interconnected via greenways that buffer and separate land uses. The net result is the developer is proposing more open space than is actually called for in the Comprehensive Plan. The distribution of this open space could facilitate the creation small parks, interconnected by pedestrian pathways. This is potentially a wonderful amenity for the area. The open space proposed in the PUD is consistent with the Comprehensive Plan. Single-Family Homes Two forms of Single-Family Detached Residential lots are proposed by the applicant. The majority of the PUD contains Premier Homesites, which are typical RS-3 lots (7,000 sq. ft. minimum lot area) with comparable yard requirements. Premier Homesites are proposed for 186 acres (46% of the total land area). One change is recommended. The developer proposes a minimum corner lot side yard of 15 feet (20 feet if private). Section 430 "Bulk and Area Requirements" of the Owasso Zoning Code establishes a minimum setback of 25' for all yards (other than the front yards) that abut public streets. To maintain safe sight distance and avoid unnecessary backing into intersections, staff recommends that the 25' side yards on corner lots be retained throughout the development. The developer also proposes up to 212 Patio Homes. These feature smaller lots (5,000 sq. ft. ^ minimum). Most of the yard requirements are smaller than those of a typical RS-3 lot, but the lots will retain a minimum 20 foot rear yard and a minimum separation of 15 feet between buildings. The lots would have a minimum frontage of 50 feet. Multi-Family Homes The developer proposes two types ofmulti-family homes. Portions of the multi-family are proposed as single-family attached townhouses. These would have a minimum lot width of 22 feet and lot size of 2,200 square feet. The townhouses would retain some private open space with minimum 20 foot year yards and a maximum 60% lot coverage. The remaining multi-family apartments are proposed to be constructed to RM-2 standards with equal or greater yard requirements. The developer proposes a maximum of 718 multi-family units of both types. Residential Dwelling Unit Summary The applicant proposes a maximum of 1,898 dwelling units for the site. The proposed conventional zoning for the subject property would allow up to 2,033 dwelling units. Thus the applicant is proposing lower density than is allowed by conventional zoning. In addition, the applicant is also providing 67.8 acres of open space that would not necessarily be provided under conventional zoning. Harmo ~ With Existing and Expected Development The proposed development would be consistent with the residential and commercial construction to the south, southeast, and north of the subject property. Since 1991, over 1,700 new single C:\Owasso\Planning Commission\12-8-98\OPUD-16\OPUD-16.doc family homes have been constructed in locations throughout the City. Though the rapid growth of the City has increased the demand for infrastructure and services, the City has kept pace with development. The proposed PUD, though quite large, is capable of being served by existing infrastructure and thus is feasible in the short term. In the longer term, the introduction of ahigh-quality residential development with meaningful open space and on- site commercial facilities represents a more manageable direction for future growth. Unified Treatment of the PUD ubject Area A review of the applicant's proposed Outline Development Plan finds that the 67.8 acres of parks, ponds, and open space corridors are its strongest unifying element. The applicant has capitalized on the use of the natural features of the site, using existing ponds and streams as the basis for greenways that tie together the entire development. These same greenways serve as appropriate buffers between land uses. The greenways provide a tremendous opportunity for pedestrian movement, and careful development of the commercial shopping areas could help to make this in some respects, a walking community. Consistency with the Purpose and Standards of the PUD The proposed PUD is consistent with the purposes and provisions set forth in Chapter 8 "Planned Unit Development" of the Owasso Zoning Code. The applicant proposes an innovative design, capitalizes on the natural features of the site, provides meaningful open space, and achieves a continuity of function and design within the proposed development. For the applicant to achieve the same development intensity under conventional zoning, he would likely have to completely level the entire site and offer no public open space. The proposed development satisfies all provisions regarding the Purpose of a PUD, Application, Outline Development Plan, and Bulk and Area Requirements. The administration of a Planned Unit Development is ongoing, however. As a PUD implemented, the developer is expected to adhere to: 1. The standards set forth in the Outline Development Plan, 2. The conditions for approval of the PUD, 3. And the PUD requirements set forth in Chapter 8 of the Owasso Zoning Code, including but not limited to: Time Limits, Platting, Principal and Accessory Uses, Signs, Screening, Homeowner's Association, and Parking and Loading. Other Review /Notice of Hearing The Owasso Technical Advisory Committee reviewed the proposed PUD supplemental zoning district at the November 25, 1998 meeting. No comments were received. C:\Owasso\Planning Commission\12-8-98\OPUD-16\OPUD-16.doc Notices of the proposed zoning change were mailed to surrounding property owners and legal advertisement was published in the Owasso Reporter on November 19, 1998. Copies of both have been attached for your information and review. Additionally, the subject property was ~ posted the week of November 15, 1998. To date, the Community Development Department has ,~; received three calls and two subsequent visits regarding the proposed rezoning and development. In each case, neighboring property owners were seeking additional information regarding the proposed rezoning and PUD. No written comments opposing the request have been received. ~ i STAFF RECOMMENDATION Staff has reviewed the proposed development and is confident that it will be a successful development if implemented according to the standards set forth in the Outline Development Plan, Zoning Code Chapter 8, and following conditions for approval. With sensitive attention to details such as commercial, office, and open space development, The Lakes at Bailey Ranch stands to serve as a model for new residential development in the area. Staff is recommending Planning Commission approval of OPUD-12 with the following conditions: (1) That the applicant's Development Text and Conceptual Development Plan be considered to be the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code, (2) That unless specifically set out in the standards and conditions of this PUD, all development in the proposed subject site shall be in accordance with the overlaying zoning districts as described in OZ-98-14 and shall meet all the necessary requirements of the respective overlay districts, (3) That a subdivision plat be approved by the Owasso City Council and filed with the County Clerk's Office prior to the issuance of a building permit. Said covenants shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary, !~ (4) That a reference on page 23 of the PUD text pertaining to a lien being placed on a Property Owner's Association member's "personal property" be changed to "real property", (5) That minor transfers (15% increase in a development area's density) of dwelling units from one residential development area to another can occur if a significant change in the character of either development is not created, (6) That no building permits be issued within any portion of the PUD until all items in C:\Owasso\Planning Commission\12-8-98\OPUD-16\OPUD-16.doc Chapter 8 "Building Permits" of the Owasso Subdivision Regulations are fulfilled, (7) All conditions imposed by the Owasso Technical Advisory Committee for subdivision plat approval be met as conditions of the PUD, (8) That a detailed drainage report be submitted at the time of platting, and certification of such document by an engineer, (9) That within the PUD, the maximum number of dwelling units shall not exceed 1,898 units, (10) That Acceleration/Deceleration lanes will be required at intersections with PUD collector streets on E 96"' Street N, E 106' Street N, Garnett Road, and Mingo Road, (11) That the developer shall incorporate access management techniques in the development of commercial areas. Such techniques may include but not be limited to: unified circulation and parking plans, joint access and parking lot cross access, restriction of the number of driveways per parcel, controlling driveway spacing, sight distance, and corner clearance. (12) That a barrier fence be erected between the SKO Railroad tracks and proposed commercial area near the corner of E 106' Street N and Mingo Road and the abutting multi-family area, (13) Detailed landscaping plans (type, species, size, location, and irrigation) shall be required to be submitted with site plans of any commercial development. Said plans will be ~ reviewed by staff and must be approved by the Planning Commission, (14) That sidewalks be provided on all road frontage within the subject property, including E 96"' Street N, E 106' Street N, Garnett Road, and Mingo Road, (15) That the minimum side yard of any corner lot be no less than 25 feet, (16) That all landscaping plans for the entrances shall be reviewed and approved by the Owasso Planning Commission and installed prior to the occupancy of any buildings, (17) That no flag lots are permitted within any portion of the PUD, (18) If needed, commercial areas maybe required to provide on-site detention. This is to be determined at site plan review for commercial property, ATTACHMENTS 1. Location Map, 2. Outline Development Plan, 3. Comprehensive Plan Excerpt, C:\Owasso\Planning Commission\12-8-98\OPUD-16\OPUD-16.doc I^ i~ 4. PUD Application, 5. Affidavit of Publication. ENCLOSURES 1. PUD Development Plan and Text. 1 1 1 C:\Owasso\Planning Commission\12-8-98\OPUD-16\OPUD-16.doc ~, %%/ Go~~` w ~~~ ~~~ t _ ~~ V _ , 1 ~ Pafo ~~ _ ~ Mto lunw .~ ~ _ -~ ~ W» ~ ~ ' '~ MtAIVf~ ~ ~ lJ~ t / ,1. ~ ~ .. i 1 .~ . , _ ~.~... I I ~ .~.,,,:. p ~/ ' ~ amp. wtir R..m.+w f `~ K~ Y~ ` ` a. s+ny. ` ~ RatNr IMnM1w / \ ~rtM ~~ \ .y r.a Out P~roM _ \ \ A ~ ~. \ v ~~, ^~ n~~r wnl~« frtp. w+r M!ta~or+ , ~ , rl °"' ~ ~ I ~I 1 W L lI~ \ I ~ I~I _ I _ . - RtlrYbtbnMMW ~'W l•. 't~;:i;'j - Rt{ti1- •1a1YwM ~wa s"' - - crpy-cam y, , .r..w. ~~ ~ "`"/ ~~ JI •~ ~~ Rwt+f Ma,w.K., I ~ ~ ""~ 'w I // © t I~~ ~a .~ Q ~rT Aurf J ~, ~, ,' ~'- ~ ` - -- ~J - ~ I I r-• wr w • wr w ~+ I __ ~ L ~Y„ ~.~...tr~... ttocra,A~t~v.trcTr A, AtWC1ATY. MC. I~~I~WrI ti YLr escn /~ , -~~ . ~ConttrrdJ ~I \ 'I r.M.h II I ~, .... } I RanYtr © I I I IbtidtM \ I ~ ~J Ch+rdt 8N \ ~ I "" '..' Rini Ib1MMM ~ ~ I. ~M~ ~~ l Aw ~~' /' ~ -.~~~r~ v a I~I I~I DATA 1111YYMtT RN,~t Awc pN.7 a pwl r.t.t o.+t~ tA,w ow Twl haYrl Ou+b UI OIYIAe ,~.~.,,~, ,.« n«. ~-.~ W m., b IWlwt~ 1M W tl~A tlt1 t..rt..rw~..n I I i+aa / MM ~ `~"` ~A Outlne Development Plan Tf~e La~.es at Bailey Ranch ii ii i~ ~~ 18 T21 R14 5/9R ~ z- N ~ ~_ ~ ~ ~ ~ ~ _ Q ~ Q' i O ~ a^y 3 4}LL Q~ Q~ L -F-' any 3 }S L 9 0 ' ~ any 3 u}5 ~ ~ any 3 4}6 0 Q O p~ }}au. ~ ~ 0 ~ Pb of :~ U ~ o oU ~, ,a , U ~+-- ~+--- ~ L any uop~r ~ T V 1 Z Z Z Z Z Z Z U N N N N N N N ~ L L L L L L L c0 cD tD cp c0 iD c0 ~ N ~ O O) 0p n lp N .a-~ O Z Please publish the following legal advertisement in the November 19,1998 edition of the Owasso Reporter. Please send Proof of Publication to: City of Owasso ATTN: Theron Warlick P.O. Box 180 Owasso, OK 74055 Please bill publication costs to: Pete Kourtis PO Box 419 Owasso, OK 74055 ~ RE: The Lakes Rezoning //////////////////////////////////////////////////////////////////////////////////////////////////// NOTICE TO THE PUBLIC OF A HEARING ON A r PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OWASSO PLANNED UNIT DEVELOPMENT SIXTEEN (OPUD-16) Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 8`'' day of December, 1998. • At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: I L. A TRACT OF LAND IN SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST, CONTAINING THE NORTHWEST QUARTER (NW/4) AND THE NORTHEAST QUARTER (NE/4) AND THE SOUTHWEST QUARTER (SW/4) OF SAID SECTION 18, LESS AND EXCEPT THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT-OF-WAY AND LESS AND EXCEPT THE NORTHEAST QUARTER (NE/4), SOUTHWEST QUARTER (SW/4), NORTHWEST QUARTER (NW/4), LESS AND EXCEPT THE WEST HALF (W/2), SOUTHWEST QUARTER (SW/4), NORTHWEST QUARTER (NW/4), LESS AND EXCEPT: OPUD 16 -Page 1 of 5 A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE/4) OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED 400.0 FEET WEST OF THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER (SE/4); THENCE S 88°54'33"W ALONG THE SOUTH LINE OF SAID SECTION A DISTANCE OF 750.00 FEET; THENCE N O1°05'27"W A DISTANCE OF 204.29 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 340.37 FEET AND A CENTRAL ANGLE OF 41°30'33" A DISTANCE OF 246.59 FEET; THE CHORD OF SAID CURVE BEARING N 19°39'49"E A DISTANCE OF 241.23 FEET; THENCE N 40°25'06"E A DISTANCE OF 544.92 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 480.00 FEET AND CENTRAL ANGLE OF 10°18'10" A DISTANCE OF 86.31 FEET, THE CHORD OF SAID CURVE BEARING N 35°16'01"E A DISTANCE OF 86.20 FEET; THENCE S 59°53'04"E A DISTANCE OF 294.96 FEET; THENCE S O1°05'27"E A DISTANCE OF 754.52 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE/4) OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ BEGINNING AT THE SOUTHEAST CORNER OF THE ^ SOUTHEAST QUARTER (SE/4) OF THE SOUTHWEST ' QUARTER (SW/4) OF SAID SECTION: THENCE S 88°54'33"W ALONG THE SOUTH LINE OF SAID SECTION A DISTANCE OF 400.00 FEET; THENCE N O1°05'27"W A DISTANCE OF 320.00 FEET; THENCE N 88°54'35"E A DISTANCE OF 399.11 FEET TO A POINT ON THE WEST LINE OF EL RIO VISTA III SUBDIVISION, SAID POINT ALSO BEING LOCATED ON THE EAST LINE OF SAID SOUTHWEST QUARTER (SW/4); THENCE SOUTHERLY ALONG SAID WEST LINE OF EL RIO OPUD 16 -Page 2 of 5 ~ VISTA III SUBDIVISION AND ALONG SAID EAST LINE OF SAID SOUTHWEST QUARTER (SW/4) A DISTANCE OF 320.00 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER (SW/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST, COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SAID SECTION 18; THENCE S 88°54'33"W ALONG THE SOUTH LINE OF SAID SECTION 18, A DISTANCE OF 1150.00 FEET ~ TO THE POINT OF BEGINNING; THENCE S 88°54'33"W, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SW/4) A DISTANCE OF 685.00 FEET, THENCE N O1 °05'27"W A DISTANCE OF 470.00 FEET; THENCE N ""' 88°54'33"E A DISTANCE OF 20.00 FEET; THENCE N O1 °05'27"W A DISTANCE OF 330.00 FEET; THENCE N ' 88°54'33"E A DISTANCE OF 510.00 FEET; THENCE S 49°34'54"E A DISTANCE OF 425.39 FEET; THENCE S 40°25'06"W A DISTANCE OF 117.80 FEET; THENCE ALONG ' A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 41°30'33" AND A RADIUS OF 340.37 FEET A DISTANCE OF 246.59 FEET; THENCE S O1°05'27"E A DISTANCE OF 204.29 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT: ~ A TRACT OF LAND LOCATED IN THE EAST HALF (E/2) OF THE EAST HALF (E/2) OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SAID SECTION; THENCE N O 1 ° 15'03"E ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW/4) A DISTANCE OF 320.00 FEET TO THE POINT OF BEGINNING, THENCE S 88°54'33"W ALONG THE NORTH LINE OF THE CHURCH ~. PROPERTY A DISTANCE OF 399.11 FEET TO A POINT ON THE EAST LINE OF THE SCHOOL. PROPERTY; THENCE N O 1 °05'27"W ALONG SAID EAST LINE A DISTANCE OF 434.52 FEET; THENCE N 59°53'04"W ALONG THE NORTHERLY LINE OF SAID PROPERTY A DISTANCE OF OPUD 16 -Page 3 of 5 294.96 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADNS OF 480.00 FEET AND CENTRAL ANGLE OF 22°21'18" A DISTANCE OF 187.28 FEET, THE CHORD OF SAID CURVE BEARING N 18°56'16"E A DISTAI~ICE OF 186.10 FEET; THENCE N 07°45'37"E A DISTANCE OF 150.37 FEET, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 480.00 FEET AND CENTRAL ANGLE OF 22°45'00" A DISTANCE OF 190.59 FEET, THE CHORD OF SAID CURVE BEARING N 03°36'53"W A DISTANCE OF 189.34 FEET; THENCE N 14°59'23"W A DISTANCE OF 178.44 FEET; THENCE N 88°54'35"E A DISTANCE OF 612.15 FEET TO A POINT ON THE WEST LINE OF EL RIO VISTA III SUBDIVISION, SAID POINT ALSO BEING LOCATED ON THE EAST LINE OF SAID SOUTHWEST QUARTER (SW/4); THENCE S O 1 ° 15'03"E ALONG SAID WEST LINE OF EL RIO VISTA III SUBDIVISION AND ALONG SAID EAST LINE OF SAID SOUTHWEST QUARTER (SW/4) A DISTANCE OF 1273.14 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT A TRACT OF LAND: ^ COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA; THENCE N 00°59'11"W A DISTANCE OF 320.00 FEET TO THE POINT OF BEGINNING; THENCE S 88°54'35"W A DISTANCE OF 1.48 FEET TO A POINT; THENCE N O1°15'03"W A DISTANCE OF 1273.14 FEET TO A POINT; THENCE N 88°54'35"E A DISTANCE OF 7.34 FEET TO A POINT ON EAST LINE OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 18, AND ON THE WESTERLY LINE OF EL RIO VISTA IV, A SUBDIVISION IN A PART OF THE NORTH HALF (N/2) OF THE SOUTHEAST QUARTER (SE/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA; THENCE S 00°59'11"E ALONG THE QUARTER SECTION LINE AND ALONG THE WESTERLY LINE OF EL RIO VISTA N AND EL RIO VISTA III A DISTANCE OF 1273.14 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 408.7 ACRES, MORE OR LESS. The general location of the property is BETWEEN MINGO ROAD AND GARNETT ROAD AND E 96TH STREET N AND E 106TH OPUD 16 -Page 4 of 5 STREET N. ' To be considered is a rezoning to PUD (Planned Unit Development) supplemental zoning district, subject to underlying zoning districts of RS-3 (Residential Single-Family Medium Density District), RM- 2 (Residential Multi-Family Medium Density District), OL (Light .~ Office District), CS (Commercial Shopping Center District), and CG (General Commercial District). All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning.is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The City Council's review of the recommendation of the Planning ~ Commission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso Community Development Director. A map showing the proposed rezoning accompanies this notice. For ~ more information on the proposed rezoning, contact the Owasso Community Development Department, City Hall, 207 S. Cedar, Owasso, Oklahoma 74055, or phone (918) 272-2251. Dated at Owasso, Oklahoma, this 13`~ day of November, 1998. Theron Warlick City Planner ii i~ i~ ~ OPUD 16 -Page 5 of 5 Affidavit Of Publication OWASSO REPORTER STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter, a weekly newspaper published in the City of Owasso, Tulsa County, Oklahoma, a news- paper qualified to publish legal notices, advertise- ments and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 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 following dates: November 1 t ,199_ Subscribed and sworn to before me this ~~ day of //''~~ ,. ' ~ ~9e.+cxx .~ n _ ~ ~ L.e~~~.;:r~>, ~~~~lti~~l_~llicl)H.l;ilw~n;l ~i off. S My Commission expires: ~ ~ ,~,~~ PUBLISHER'S FEE $ 3 4 6 ~~~~ ~ ~