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HomeMy WebLinkAbout1998.11.03_City Council Agenda~~ PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL I^ TYPE OF MEETING: Regular DATE: November 3, 1998 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 City Hall bulletin board at 4:00 p.m. on Friday, October 30, 1998. Marci Boutwell, City Clerk AGENDA i~ 1. Call to Order Mayor Bode 2. Invocation Pastor Larry Brinkley Owasso Church of the Nazarene 3. Flag Salute 4. Roll Call 5. Reading of Mayor's Proclamations Mayor Bode Attachment #5 The Mayor will present a proclamation recognizing Dr James Whitehead and his staff as Business of the Quarter for the Fourth Quarter of 1998; and will read a proclamation declaring the week of November 15-21, 1998 as Oklahoma Heritage Week. i~ Owasso City Council November 3, 1998 Page 2 6. Consideration and Appropriate Action Relating to a Request for Approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from consent by request. A motion to adopt the Consent Agenda is non-debatable. A. Approval of the Minutes of October 20, 1998 Regular Meeting Attachment #6-A B. Approval of Claims. Attachment #6-B C. Action Relating to a Request for a Supplemental Appropriation and Amendment to the General Fund Police Department Personal Services Budget. See Attachment #6-C The staff recommends City Council action to approve a supplemental appropriation to the General Fund Budget, wherein estimated revenues are increased by $25,000 and ~,, expenditures in the Police Department Overtime line item are increased by $25,000. D. Action Relating to Acceptance of Improvements to the Water and Sanitary Sewer Systems Constructed to Serve Caudle Estates, an Addition to the City of Owasso, Tulsa ~ County, Oklahoma. Attachment #6-D ~ The staff recommends Council acceptance of the infrastructure improvements. E. Action Relating to Ordinance #595, an Ordinance Providing for the Closing of a Utility Easement Located on Lots 8 & 9, Block 3, Hale Acres Addition. Attachment #6-E '~ The staff recommends Council approval of Ordinance #595, and has listed this item in the consent section of the agenda based on Council action on September 15, 1998 to approve the easement closing and authorize an ordinance. F. Action Relating to Workers Compensation Court Order #97 5679J. Attachment #6-F The staff recommends approval of Workers Compensation Court Order #97 5679) for permanent partial disability benefits to Max Downing in the amount of $11,928, plus associated court and tax costs, and authorization for payment. NOTICE OF PUBLIC MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: November 3, 1998 TIME: 6:30 p.m. PLACE: Owasso Council Chambers, Community Center Notice of Addendum filed in the office of the City Clerk and posted on the City Hall bulletin board at 2:30 p.m. on Monday, November 2, 1998. Marci Boutwell, City Clerk ADDENDUM TO AGENDA Item #6-D under the Consent Agenda portion of the Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, October 30, 1998, is incorrectly listed. The correct listing is as follows: 6-D. Action Relating to Acceptance of Improvements to the Streets and Stormwater Drainage Systems Constructed to Serve Caudle Estates, an Addition to the City of Owasso, Tulsa County, Oklahoma. i~ i~ Owasso City Council November 3, 1998 Page 3 7. Consideration and Appropriate Action Relating to the Acceptance of a Grant from the ' Oklahoma Department of Agriculture in the amount of $8885 in Funding for a Highway Beautification Project. ' Mr Fritschen Attachment #7 The staff will recommend Council acceptance of the 1998-1999 Highway Tree Program grant, and authorization for the Mayor to execute the necessary documents. 8. Consideration and Appropriate Action Relating to a Request for a Supplemental Appropriation and Amendment to the General Fund Park Maintenance Department Capital Outlay Budget. Mr Fritschen See Attachment #7 The staff will recommend City Council action to approve a supplemental appropriation to the General Fund Budget, wherein estimated revenues are increased by $8885 and .. expenditures in the Park Maintenance Grant Project line item are increased by $8885. 1 9. Consideration and Appropriate Action Relating to a Request to Appeal a Zoning Decision ' of the Owasso Planning Commission. Mr Warlick ^, Attachment #9 Mr David Vines has presented a written request to appeal to the City Council the Owasso ~ Planning Commission's denial of zoning case OZ-98-13. 1 Owasso City Council , November 3, 1998 Page 4 10. Consideration and Appropriate Action Relating to an Agreement Between the City of Owasso and the Oklahoma District Court, Judicial District #14. t Mr Cates Attachment # 10 The staff will recommend Council a royal of an a reement n ' ' pp g to co tmue a program wherein the City assumes jurisdiction of certain specified juvenile offenders. ' -- 11. Consideration and Appropriate Action Relating to a Request for Council Approval for the Purchase of Police Department Uniforms. Chief Alexander Attachment #11 The staff will recommend City Council approval for the purchase of uniforms for the Police Department in an amount not to exceed $8700. 12. Consideration and Appropriate Action Relating to the Creation of a Tax Increment Financing Policy. Mr Hancock Attachment # 12 The staff will recommend that the City Council indicate their willingness to consider the development of a Tax Increment Financing Policy, and authorize a TIF Policy Review .,~ Committee to be appointed by the Mayor and confirmed by the City Council. ^ Owasso City Council November 3, 1998 Page 5 13. Report from City Manager PROCLAMATION CITY OF OWASSO, OKLAHOMA WHEREAS, The OEDA, the Owasso Chamber of Commerce, the Owasso Reporter, and the City of Owasso have developed a special business recognition program as a means of honoring the valuable contributions of local, community-minded businesses; and, W~-IEREAS, The quality of life in Owasso is a reflection of the level of involvement exhibited by its business owners and employees and their active support of community events; and WHEREAS, The involvement of businesses through their support of local projects and promotions by the sharing of their resources, provides for the economic well- being of the community and demonstrates a commitment that goes beyond the standard measure of business success; and, WHEREAS, Dr James Whitehead and his staff have demonstrated concern for the Owasso community through involvement in various community-wide projects; and, WHEREAS, A consistent quality in business operations, together with a focus on the betterment of Owasso through civic activity, merits appreciation and recognition by the entire community, NOW, THEREFORE, I, Denise Bode, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim DR JAMES WHITEHEAD FOURTH QUARTER 1998 BUSINESS OF THE QUARTER II II i~ IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 3rd day of November, 1998. Denise Bode, Mayor PROCLAMATION ~ CITY OF OWASSO, OKLAHOMA WHEREAS, the signing of the Statehood Proclamation on November 16, 1907 was one of the most significant actions in the history of the State of Oklahoma; and, WHEREAS, the week of November 15-21, 1998 has been declared Oklahoma Heritage Week in the State of Oklahoma; and WHEREAS, it is our desire that all Oklahomans learn about the background and culture of our state; and, WHEREAS, it is the purpose of the designation of Oklahoma Heritage Week to encourage Oklahoma citizens to celebrate the heritage of our state, NOW, THEREFORE, I, Denise Bode, by virtue of the authority vested in me as Mayor of the ~` City of Owasso, do hereby proclaim November 15-21, 1998 as OKLAHOMA HERITAGE WEEK in our community, and encourage all citizens, clubs, churches, business organizations, and schools to observe this week by giving personal attention to all special Statehood Day observances and to pazticipate in and help sponsor programs, projects, and activities emphasizing the heritage of our great state. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 3rd day of November, 1998. Denise Bode, Mayor ATTEST: Marcia Boutwell, City Clerk A ' OWAS50 CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, October 20, 1998 The Owasso City Council met in regular session on Tuesday, October 20, 1998 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 Friday, October 16, 1998 ~ ITEM 1: CALL TO ORDER Mayor Bode called the meeting to order at 6:35 p.m. ITEM 2: INVOCATION The invocation was offered by Pastor Kevin Stewart of Owasso Central Baptist Church. ITEM 3: FLAG SALUTE ^ Councilor Voss led in the flag salute. ITEM 4: ROLL CALL PRESENT ' 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 A quorum was declared present. ABSENT ITEM 5: READING OF MAYOR'S PROCLAMATIONS Mayor Bode read and presented a proclamation to members of the Owasso Business and Professional Women's Club proclaiming October 18-24 as National Business and Professional Women's Week in the City of Owasso. She also read a proclamation designating the week of October 25-31 as Red Ribbon Week in Owasso, and presented the proclamation to Officer Steve Tryon and several students who are participating in Red Ribbon Week. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. Owasso City Council October 6, 1998 A. Approval of the Minutes of October 6, 1998 Regular Meeting and October 13, 1998 Special Meeting. B. Approval of Claims. C. Action Relating to Acceptance of Improvements to the Water and Stormwater Drainage Systems Constructed to Serve Barrington Estates, an Addition to the City of Owasso, Tulsa County, Oklahoma. D. Action Relating to Ordinance #594, an Ordinance Providing for the Closing of a Utility Easement Located on Lot 3, Block 1, Owasso Commercial Center. E. Action Relating to Acceptance of a Grant from the Oklahoma Department of Safety. The consent agenda included minutes of the October 6, 1998 regular meeting and October 13, 1998 special meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $50,002.85; (2) Workers Comp Self-Insurance Plan $13,355.98; (3) Ambulance Service Fund $2,834.25; (4) City Garage $9.358.39; (5) Capital Improvements $30.00; (6) Ambulance Service Capital Improvement $1,493.07; (7) Bond Projects Fund $7,328.66 (8) Interfund Transfers $5,100.00; (9) Interfund Transfers $3,154.05; (10) Payroll $151,703.89; (11) City Garage Payroll $3,525.64. Item C requested acceptance of improvements to the water and stormwater drainage system constructed to serve Barrington Estates, an addition to the City of Owasso. Item D requested approval of Ordinance #594, providing for the closing of a utility easement located on Lot 3, Block 1, Owasso Commercial Center. Item E requested acceptance of a grant fromthe Oklahoma Department of Safety in the amount of $25,000 to be used for police overtime expenditures in traffic enforcement. Ms Barnhouse moved, seconded by Ms Voss, to approve the consent agenda. AYE: Barnhouse, Voss, Smith, Wilken, Bode NAY: None Motion carried 5-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM KOURTIS REALTY LTD TO REZONE PROPERTY LOCATED ON EAST 86TH STREET NORTH BETWEEN BANK OF THE LAKES AND ROBERT LONG INSURANCE AGENCEY; FROM OL (OFFICE LOW INTENSITY) TO CS (COMMERCIAL SHOPPING CENTER), CONTAINING .653 ACRES, MORE OR LESS. Mr Warlick said that a request has been made to rezone the above listed unplatted land to Commercial Shopping Center to allow for commercial development. The Planning Commission reviewed the rezoning request on October 13, 1998, and no comments or questions from the 2 Owasso City Council October 6, 1998 ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM KOURTIS REALTY LTD TO REZONE PROPERTY LOCATED ON EAST 86TH STREET NORTH BETWEEN BANK OF THE LAKES AND ROBERT LONG INSURANCE AGENCY; FROM OL (OFFICE LOW INTENSITY) TO CS (COMMERCIAL SHOPPING CENTER), CONTAINING .653 ACRES, MORE OR LESS. Mr Warlick said that a request has been made to rezone the above listed unplatted land to Commercial Shopping Center to allow for commercial development. The Planning Commission reviewed the rezoning request on October 13, 1998, and no comments or questions from the public were received. The Planning Commission voted unanimously to approve the rezoning request. Mr Wilken moved, seconded by Mr Smith, to approve the requested rezoning. AYE: Wilken, Smith, Voss, Barnhouse, Bode NAY: None Motion carried 5-0. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF A CONTRACT FOR 1998 BOND ISSUE STREET REHABILITATION PROJECTS. Mr Henderson presented the item relating to the capital improvement bond issue projects approved in October 1997. Projects included for funding within that bond issue are street and ~ intersection improvements. One phase of the street and intersection improvements is the rehabilitation of several existing city streets. Bid specifications for the project were prepared and four bids were received. Although the low bid is $453,692.34 over the amount budgeted for the project, the staff believes that cost saving measures can be taken on some of the other r, street and intersection projects. For this particular project, the budgeted amount was based on overlaying the streets; however, staff determined that subgrade reconstruction and storm drainage ' improvements needed to be done in order that further street failures do not occur because of subgrade deficiencies and poor storm drainage. Those items were included in the scope of the project, which resulted in higher costs than were originally anticipated. Following the staff ' recommendation, Ms Voss moved, seconded by Ms Barnhouse, to award a contract for Street Rehabilitation Projects to Horizon Construction, Owasso, OK in the amount of $836,954.95. ' AYE: Voss, Barnhouse, Smith, Wilken, Bode NAY: None ' Motion carried 5-0. 3 Owasso City Council October 6, 1998 ' ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE 1 AWARD OF A CONTRACT FOR 1998-99 STREET REPAIRS AT VARIOUS LOCATIONS. Mr Lutz said that a total of 16 projects throughout the city were identified and recommended to the Council as needing street repairs. Three additional sites were listed as additives if funds were available. Bid documents were prepared and advertised, and bids were opened on October 14, 1998. Only one bid was received, however, that bid came in below the budgeted amount. Following the staff recommendation, Mr Wilken moved, seconded by Ms Voss, to award a contract for 1998-99 street repairs to Magnum Construction Inc, Broken Arrow, OK in the amount of $121,967.60 for the base bid and $11,542.60 for three additive sites, .for a total award of $133,510.20. AYE: Wilken, Voss, Barnhouse, Smith, Bode ~ 1 NAY: None Motion carried 5-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ACCEPTANCE OF RIGHT-OF-WAY EASEMENTS FROM HOMER R & BETTY J MCCLURE, RONALD D & JJ FISHER-ARMSTRONG. MARY ELIZABETH & TERRY LEE SHAFFER, MARK ALLEN & BRENDA ECKENFELS, WK & JUNE SMITH, LOREN E & HAZEL EPPERSON. WALTER DON & SHIRLENE GAYLORD KERR. AND JERRY DOUGLAS KEYS & MARLENE SUE KEYS TO THE CITY OF OWASSO: AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE DOCUMENTS. Mr Lutz said that the easements mentioned are needed for the construction of the Elm Creek Interceptor Sewer project. This project will provide service for current and future demands in the eastern portion of the city between 76th and 96th Streets North, and will eliminate the need for interim lift stations. As future development occurs within the Elm Creek Interceptor basin, provision for payback of project costs associated with engineering, easement acquisition and construction will be allocated on a per-acre basis. Meetings have been held with landowners in order to reach agreements on obtaining the required easements. The city will need to acquire easements from 12 landowners, and eight of those easements have been agreed to by the landowners and signed easements received by the city. Execution of the eight easements will allow sufficient work areas for the contractor to begin work on the project. In addition to the cost for the easements, staff will recommend to the OPWA a payment of $200 per tract for abstract updates. Mr Smith moved, seconded by Ms Voss, to accept the right-of-way easements mentioned above, and to authorize the Mayor to execute the documents. 4 ^I ~ Owasso City Council October 6, 1998 AYE: Smith, Voss, Barnhouse, Wilken, Bode NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE PURCHASE OF COMPUTER HARDWARE. Mr Knight made the presentation for the computer manager team. In the FY 1997-98 capital improvement budget, $625,000 was appropriated for the purpose of developing an integrated computer automation system. The computer management team, Frank Knight, Sherry Bishop, and Tim Rooney, was appointed by the City Manager in July 1998 to oversee the design, purchase and installation of the computer system. The City is allowed to purchase equipment at a price not exceeding that set by the State Purchasing Agency, therefore, the state contract was used as a guideline for creating a request for proposals for 40 computer workstations. Eight vendors responded to the solicitation for quotes. Based on the specifications, references, hardware support, future upgrades, and price, the staff recommended that the computers be purchased from Dell Computer Corporation. The price quoted by Dell was below the state contract. Mr Wilken moved, seconded by Ms Voss, to award a contract in the amount of $68,280 for the purchase of 40 personal computer workstations to Dell Computer Corporation, Round Rock, TX; authorization for the Mayor to execute the contract; and authorization for payment upon delivery of the equipment and receipt of an invoice. AYE: Wilken, Voss, Barnhouse, Smith, Bode NAY: None Motion carried 5-0. ' ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPOINTMENT AND CONFIRMATION OF A COUNCIL ~ REPRESENTATIVE TO THE OWASSO ANNEXATION COMMITTEE. Mayor Bode said that former Councilor Tracy Standridge was one of the Council representatives • on the Annexation Committee. The resignation of Dr Standridge from the City Council also created a vacancy on the Annexation Committee. Mayor Bode moved, seconded by Mr Wilken, that Councilor Duston Smith be appointed as a City Council representative to the Owasso Annexation Committee. 5 Owasso City Council AYE: Bode, Wilken, Barnhouse, Voss, Smith NAY: None Motion carried 5-0. October 6, 1998 , ITEM 13: REPORT FROM CITY MANAGER The City Manager deferred to Assistant City Manager Tim Rooney. Mr Rooney reported that the restroom facility at the Sports Park will be advertised for re-bid next week. ITEM 14: REPORT FROM CITY ATTORNEY None. ITEM 15: REPORT FROM CITY COUNCILORS No report. ITEM 16: NEW BUSINESS None. ITEM 17: 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 6:55 p.m. Denise Bode, Mayor Marcia Boutwell, City Clerk 6 i~/29/98 15:55:29 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT B APAPVR PAGE: 4 PO # VENDOR DESCRIPTION AMOUNT - --------- ------------------------- ------------------ 991159 TREASURER PETTY CASH DEPOSIT REFUND 50.00 ' 991159 TREASURER PETTY CASH DEPOSIT REFUND 100.00 991159 TREASURER PETTY CASH RENTAL REFUND 25.00 ^ DEPARTMENT TOTAL =___> 175.00 l` ~NAGERIAL 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 63.98 991146 SCOREBOARD SPORTS EMPLOYEE APPRECIATION 52.50 s 991147 REASORS EMPLOYEE APPRECIATION 79.75 991159 TREASURER PETTY CASH COUNCIL RECEPTION 51.61 991159 TREASURER PETTY CASH OFFICE SUPPLIES 32.34 ' 991159 TREASURER PETTY CASH REIMB PETTY CASH 3.00 991159 TREASURER PETTY CASH EMP APPRECIATION 85.00 991254 MCI TELECOMMUNICATIONS 10/98 USE 22.92 DEPARTMENT TOTAL =___> 391.10 INANCE -- --------- ------------------- 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 27.65 990608 MICHAEL A. CRAWFORD, INC. FY 97-98 AUDIT 2,400.00 991114 QUILL OFFICE PRODUCTS CALENDARS 32.11 991159 TREASURER PETTY CASH PER DIEM,MILEAGE-BISHOP 116.80 DEPARTMENT TOTAL =___> 2,576.56 COMMUNITY DEVELOPMENT - -------- -------------------- 14 3 990017 BURR KANNADY ELECTRICAL INSPECTIONS . 49 990285 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 15.99 990386 INCOG MEMBERSHIP DUES 2,364.50 +~ 990558 WAL-MART OFFICE SUPPLIES 34.90 991114 QUILL OFFICE PRODUCTS CALENDARS 13.93 991147 REASORS FILM PROCESSING 7.59 991157 T-SHIRT EXPRESS ETC PERMIT SIGNS 1,100.00 991159 TREASURER PETTY CASH REIMB PETTY CASH 3.75 991159 TREASURER PETTY CASH PRINTING REIMB PETTY CASH LICENSE CARDS 13.81 32.00 991181 DOZIER CITY OF OWASSO GENERAL FUND 10/29/98 15:55:29 A/P CLAIMS REPORT APAPVR PAGE: 5 PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- 991232 PLANNING CONSULTANTS 991254 MCI TELECOMMUNICATIONS DEPARTMENT TOTAL =___> MUNICIPAL COURT ------------------------------ 990012 BRETT BURTON 990286 OFFICE DEPOT 990763 OMCCA 991114 QUILL OFFICE 991196 HOWARD SMITH 991254 MCI TELECOMMI PLANNING WORKSHOP 10/98 USE BAILIFF DUTIES 10/98 CARD PLAN OFFICE SUPPLIES COURT CLERK TRAINING PRODUCTS CALENDARS BAILIFF DUTIES 10/15/98 7NICATIONS 10/98 USE DEPARTMENT TOTAL =___> ENGINEERING ------------------------------ 990974 COMPUTER DISCOUNT WAREHOU COMPUTER SUPPLIES 991073 ICMA MANUALS 991114 QUILL OFFICE PRODUCTS CALENDARS 991159 TREASURER PETTY CASH REIMB PETTY CASH DEPARTMENT TOTAL =___> GENERAL GOVERNMENT ------------------------------ 990188 OKLAHOMA EAGLE 990286 OFFICE DEPOT CARD PLAN 990333 TULSA WORLD 991087 A HOME PAGE 991108 ALTERNATIVE ENVIRONMENTS 991114 QUILL OFFICE PRODUCTS 991116 XPEDX 991154 SUBURBAN OFFICE SUPPLY 991159 TREASURER PETTY CASH 991159 TREASURER PETTY CASH 991159 TREASURER PETTY CASH 991177 INCOG 991192 J.P. HOGAN INSURANCE 991195 BLACK EMPLOYMENT REVIEW 991254 MCI TELECOMMUNICATIONS 991255 OKLAHOMA NATURAL GAS EMPLOYMENT ADS OFFICE SUPPLIES EMPLOYMENT ADS WEB PAGE MAINT TEAM TRAINING CALENDARS COPY PAPER OFFICE SUPPLIES REIMB PETTY CASH REIMB PETTY CASH NOTARY RENEWALS VISUAL BOARD CABINET HONESTY BOND BLANKET ADVERTISING 10/98 USE 9/98 USE 180.00 5.40 4,265.01 120.00 92.96 40.00 1.99 60.00 15.69 330.64 87.15 52.90 30.76 5.99 176.80 26.55 43.97 60.32 225.00 450.00 3.98 210.00 12.65 10.00 .50 65.00 300.00 114.00 395.00 109.49 26.75 Lu/29/98 15:55:29 PO # VENDOR DESCRIPTION APAPVR PAGE: 6 AMOUNT --------- ------------------------- ---------------------- DEPARTMENT TOTAL =___> 2,053.21 IPPORT SERVICES ------------------------------ 990195 YALE UNIFORM RENTAL UNIFORM RENTAL 23.80 990195 YALE UNIFORM RENTAL HATS 48.00 990258 CN HASKELL & ASSOC COMPUTER SERVICES 315.00 ~ 990284 DISTRICT II PROBATION DOC WORKERS/PAY 216.49 990285 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 34.59 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 11.97 990755 DOZIER PRINTING OFFICE SUPPLIES 30.00 991113 W W GRAINGER INC RAINSUITS 24.19 ~ 991114 QUILL OFFICE PRODUCTS CALENDARS 7.97 991159 TREASURER PETTY CASH DOC LUNCHES 49.62 t 991254 MCI TELECOMMUNICATIONS 10/98 USE 5.39 DEPARTMENT TOTAL =___> 767.02 ICE SER VICES rO -- L -------- -------------------- 990041 WESTERN BUSINESS PRODUCTS COPIER MAINTENANCE 189.68 990049 L.E_T.N. SUBSCRIPTION 288.00 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 234.60 990375 YALE CLEANERS UNIFORM CLEANING 1,175.12 990975 MATRE ARMS AMMUNITION 970.00 991017 MEEKS HEIT PUBLISHING CO TRAINING BOOK-TRYON 63.25 991024 PHILLIPS POLICE EQUIP AMMUNITION 518.00 ~ 991025 PATROL TECHNOLOGY AMMUNITION 97.00 991078 SPRINT PCS PHONE USE-KLAHR 30.86 991091 WAL-MART FILM/MAILING SUPPLIES 277.14 991091 WAL-MART OFFICE SUPPLIES 14.63 991091 WAL-MART MICRO-CASSETTE TAPES 34.92 ~ 991107 TRIM RITE INC GRAPHICS & INSTALLATION 1,447.23 991109 PATROL TECHNOLOGY UNIFORM SUPPLIES 297.20 991109 PATROL TECHNOLOGY GUN REPAIR PARTS 27.00 991116 XPEDX COPY PAPER 105.00 991137 PHILLIPS POLICE EQUIP AMMUNITION 217.00 00 151 +r' 991145 STRATHE VETERINARY VET SERVICES-NICK . 991154 SUBURBAN OFFICE SUPPLY OFFICE SUPPLIES 11.30 991159 TREASURER PETTY CASH REIMB PETTY CASH 13.95 991187 POLICE PETTY CASH FASTENER/ADHESIVE/DAMPER 17.45 991187 POLICE PETTY CASH TITLE TRANSFER 11.00 991187 POLICE PETTY CASH TOLLS/LUNCHES 112.28 991187 POLICE PETTY CASH FIREARMS SLINGS 7.86 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT CITY OF OWASSO GENERAL FUND 10/29/98 15:55:29 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- 991187 POLICE PETTY CASH CELL PHONE USE 991189 BOLAY MOBILECOM INC RADIO REPAIR 991190 DOZIER PRINTING OFFICE SUPPLIES 991254 MCI TELECOMMUNICATIONS 10/98 USE 991255 OKLAHOMA NATURAL GAS 9/98 USE DEPARTMENT TOTAL =___> POLICE COMMUNICATIONS ------------------------------ 990037 DEPT OF PUBLIC SAFETY 990916 FOX NETWORK SYSTEMS 991091 WAL-MART 991117 THREE LAKES LAUNDRY 991118 BILL ALLEN 991201 DESERT HOT SEMINARS DEPARTMENT TOTAL =___> ANIMAL CONTROL ------------------------------ 991091 WAL-MART 991117 THREE LAKES LAUNDRY 991136 SA-SO 991145 STRATHE VETERINARY 991159 TREASURER PETTY CASH 991254 MCI TELECOMMUNICATIONS OLETS RENTAL COMPUTER EQUIPMENT FILM PROCESSING PRISONER LAUNDRY REIMB COMPUTER PARTS COMMUNICATIONS TRAINING LOCK/STORAGE BOX/DOG FOOD LAUNDRY-ANIMAL SHELTER TRUCK SPOTLIGHT SHELTER SUPPLIES DEPOSIT REFUND 10/98 USE 5.10 130.80 60.00 92.87 37.26 6,637.50 350.00 263.50 48.57 52.50 38.19 158.00 910.76 137.86 30.75 90.44 74.83 40.00 5.65 DEPARTMENT TOTAL =___> 379.53 FIRE SERVICES ------------------------------ 990275 BMI SYSTEMS OF TULSA COPIER MAINT 990481 HOLIDAY INN LODGING-HOLCOMB 990703 WESTERN HILLS STATE LODGE DEPT CONFERENCE 990906 LADDERS OF TULSA HEAT SENSOR LABELS 990955 EIS COMMUNICATIONS RADIO BATTERY 991098 ACCURATE FIRE EQUIPMENT FIRE EXTINGUISHER MAINT 991154 SUBURBAN OFFICE SUPPLY OFFICE SUPPLIES 991159 TREASURER PETTY CASH REIMB PETTY CASH 991159 TREASURER PETTY CASH TRAINING SUPPLIES 991254 MCI TELECOMMUNICATIONS 10/98 USE 991255 OKLAHOMA. NATURAL GAS 9/98 USE 232.51 120.00 680.00 40.00 85.00 342.31 126.52 18.52 81.01 39.37 82.97 7 1J/29/98 15:55:29 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: 8 PO # VENDOR DESCRIPTION AMOUNT DEPARTMENT TOTAL =___> 1,848.21 TREETS ------------------------------ 990220 LARRY TURNER MOW EASEMENTS/MEDIANS 60.00 990231 GEORGE & GEORGE SAFETY SAFETY SUPPLIES 306.03 990231 GEORGE & GEORGE SAFETY STREET SIGNS 25.00 990427 RAINBOW CONCRETE CO CONCRETE 1,471.25 ' 990463 RAINBOW CONCRETE CO CONCRETE 290.25 990662 SIGNALTEK INC TRAFFIC CONTROL MAINT 574.60 990788 APAC-OKLAHOMA, INC. ASPHALT 49.20 ' 990788 APAC-OKLAHOMA, INC. ASPHALT 1,018.82 990789 HUGHES LUMBER CO FORMING SUPPLIES 40.60 990790 BOLT EQUIPMENT CONCRETE BLADES 329.46 990910 SHERWIN-WILLIAMS PAINT PAINT/ROLLERS CROSSWALKS 269.62 990924 W W GRAINGER INC WET/DRY VACUUM CLEANER 72.08 990924 W W GRAINGER INC AIR COMPRESSOR 312.55 990951 CLAYTON ASPHALT COATINGS SILICA SAND 80.00 t 990983 VANCE BROS INC CRACK SEALING SUPPLIES 376.00 991041 MOHAWK MATERIALS SAND 142.33 991098 ACCURATE FIRE EQUIPMENT FIRE EXTINGUISHER MAINT 16.26 .. 991103 PAINTMASTER AUTO PAINTING PAINT VEHICLE 349.00 991159 TREASURER PETTY CASH MAINT SUPPLIES 13.89 991159 TREASURER PETTY CASH TRAINING-CARR,WASHINGTON 93.52 991255 OKLAHOMA NATURAL GAS 9/98 USE 26.75 ~ DEPARTMENT TOTAL =___> 5,917.21 MUNITY CENTER .AM --- ------- -------------------- 990285 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 127.64 991026 ACCURATE FIRE EQUIPMENT FIRE INSPECTION 50.00 991027 OFFICE MAX INC BINDING MACHINE 249.99 991159 TREASURER PETTY CASH MAINT SUPPLIES 24.95 ~` 991254 MCI TELECOMMUNICATIONS 10/98 USE 7.94 991255 OKLAHOMA NATURAL GAS 9/98 USE 61.94 DEPARTMENT TOTAL =___> 522.46 'ARK MAINTENANCE ------------------------------ 990015 AT&T WIRELESS SERVICES PHONE USE-WARREN 26.74 ^ CITY OF OWASSO GENERAL FUND 10/29/98 15:55:29 A/P CLAIMS REPORT APAPVR PAGE: PO # ---------- VENDOR ------------------------- DESCRIPTION ------------------------- --- AMOUNT ---------- 990018 ROBERT HUGHETT CLEAN ELM CREEK RESTROOMS 199.00 990020 LARRY TURNER MOW RAYOLA PARK ~ 239.00 990889 WESTERN HILLS STATE LODGE LODGING/PARKS PERSONNEL 210.00 990890 OK RECREATION & PARK ASSO CONFERENCE FEES 321.00 991119 WAL-MART UNIFORM JEANS 99.80 991128 BAILEY EQUIPMENT MOWER BELTS 35.70 991139 BRUSHHOG SERVICES ELM CREEK MOWING 200.00 991159 TREASURER PETTY CASH REIMB PETTY CASH 6.00 991159 TREASURER PETTY CASH REIMB PETTY CASH 15.92 991167 FLUID SPECIALTIES REPAIR PARTS 6.55 DEPARTMENT TOTAL =___> ECONOMIC DEVELOPMENT ------------------------------ 990281 SAM'S CLUB OFFICE SUPPLIES 990285 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 990286 OFFICE DEPOT CARD PLAN OFFICE FURNITURE 991150 SPRINT PCS PHONE USE-TOBIAS 991193 METROPOLITAN TULSA CONFERENCE-TOBIAS 991254 MCI TELECOMMUNICATIONS 10/98 USE DEPARTMENT TOTAL =___> FUND TOTAL =___> 1,359.71 11.99 3.49 279.98 206.30 45.00 11.35 558.11 28,868.83 9 n CITY OF OWASSO WORKERS' COMP SELF-INS PLAN 10/29/98 15:55:29 A/P CLAIMS REPORT APAFVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ~ a--------- ------------------------- ------------------------- ------------- ~~NERAL GOVERNMENT 990933 MEDCENTER INC 509108 990934 MEDCENTER INC C08268 990935 MEDCENTER INC D09098 990936 WARREN CLINIC P09028 991090 GILCREASE MEDICAL D01147 991140 TOM A MARBERRY MD 807138 991185 TULSA RADIOLOGY ASSOCIATE B07138 991191 ANESTHESIA ASSOC INC 807138 991202 TOM A MARBERRY MD 807138 DEPARTMENT TOTAL =___> FUND TOTAL =___> i 337.00 346.37 51.66 148.71 419.43 164.02 150.64 748.13 145.93 2,511.89 2,511.89 1 CITY OF OWASSO AMBULANCE SERVICE FUND 10/29/98 15:55:29 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- 991200 CENTRAL & SOUTHWEST DEPARTMENT TOTAL =___> REFUND OVERPAYMENT 454.40 454.40 AMBULANCE ------------------------------ 990995 ALLIANCE MEDICAL INC AMBULANCE SUPPLIES 991149 WORKS & LENTZ, INC. COLLECTION FEES 991176 ALLIANCE MEDICAL INC AMBULANCE SUPPLIES DEPARTMENT TOTAL =___> FUND TOTAL =___> 490.88 40.00 620.42 1,151.30 1,605.70 2 r~ CITY OF OWASSO E - 911 10/29/98 15:55:29 A/P CLAIMS REPORT APAPVR PAGE: 3 PO # VENDOR DESCRIPTION AMOUNT : )LICE COMMUNICATIONS 990004 SOUTHWESTERN BELL TELE E-911 SERVICE 1,857.21 DEPARTMENT TOTAL =___> 1,857.21 FUND TOTAL =___> 1,857.21 1 _ o .. __ 1 ~ ~ ~ ... 1 ~ .. 1 CITY OF OWASSO CITY GARAGE 10/29/98 15:55:29 A/P CLAIMS REPORT APAPVR PAGE: 16 PO # ------- VENDOR ------------------------- DESCRIPTION ---------------------- AMOUNT --- ------------- CITY GARAGE ---------- -------------------- 990195 YALE UNIFORM RENTAL UNIFORM RENTAL 49.80 990280 YOUNG'S TIRE SERVICE TIRE REPAIRS 35.00 990282 CONTINENTAL BATTERY CO BATTERIES 179.80 990282 CONTINENTAL BATTERY CO BATTERIES 189.85 990283 CROW BURLINGAME REPAIR SUPPLIES 41.50 990283 CROW BURLINGAME REPAIR PARTS 848.34 990285 KIMBALL ACE HARDWARE MAINT/REPAIR SUPPLIES 16.38 990287 OWASSO TIRE BARN VEHICLE/TIRE REPAIRS 554 75 990287 OWASSO TIRE BARN TIRE TUBE . 16.74 990288 RELIABLE TIRE AND AUTO VEHICLE REPAIRS 25.95 990968 CABLE AUTOMOTIVE REPAIR PARTS-LIFT 255.75• 991064 CROW BURLINGAME TRUCK ENGINE 3,140.00 991097 HANES SHOE & ARCH SHOP SAFETY BOOTS 100.00 991112 TULCO OILS INC 15/40 MOTOR OIL 192.37 991112 TULCO OILS INC ANTIFREEZE 234.74 991112 TULCO OILS INC AUTOMATIC TRANS FLUID 202.88 991112 TULCO OILS INC HYDRAULIC FLUID 149.60 991113 W W GRAINGER INC RAINSUITS 54.00 991114 QUILL OFFICE PRODUCTS CALENDARS 1.99 991115 TULCO OILS INC DOUBLE PUMP 383.00 991159 TREASURER PETTY CASH REIMB PETTY CASH 9.00 991159 TREASURER PETTY CASH REIMB PETTY CASH 1.00 991159 TREASURER PETTY CASH PER DIEM-SMITH 56.00 991161 STEVE'S WHOLESALE IMPACT SOCKET 53.59 991162 AUTOMATION EQUIPMENT INC CAR WASH FLOAT VALVE 41.00 991163 UNIVERSITY FORD JETTER PARTS 191.15 991165 ALLIED BEARINGS SUPPLY CO JETTER PARTS 112.97 991167 FLUID SPECIALTIES PUMP REPAIR PARTS 61.56 991168 TULSA FARM EQUIPMENT CO TRACTOR PARTS 120.26 991170 MORITZ MACHINE SHOP JETTER PARTS 60.00 991171 HOLLOWAY WIRE REPAIR PARTS 124.72 991172 WHITE STAR REPAIR PARTS 70.35 991194 ZEP MANUFACTURING CO HAND SOAP 65.60 991254 MCI TELECOMMUNICATIONS 10/98 USE 9.15 991255 OKLAHOMA NATURAL GAS 9/98 USE 56 17 . ---- DEPARTMENT TOTAL =___> 7,704.96 ---- FUND TOTAL =___> 7,704.96 r 1 W CITY OF OWASSO PLEASANT VIEW SEWER IMPROV. DIST. lu/29/98 15:55:29 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT - ----------------------------- 991199 EDWARD D JONES & CO DEPARTMENT TOTAL =___> REDEMPTION-REVENUE BONDS 17,500.00 17,500.00 FUND TOTAL =___> 17,500.00 17 i~ CITY OF OWASSO AMBULANCE SERV CAPITAL IMPROVEMENT 10/29/98 15:55:29 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- AMBULANCE 990730 990822 991056 991056 MATRIX ALLIANCE MEDICAL INC ALLIANCE MEDICAL INC ALLIANCE MEDICAL INC DEPARTMENT TOTAL =___> FUND TOTAL =___> SPINEBOARDS AMBULANCE SUPPLIES POCKET DOPPLER SYSTEM CARDIOLOGY STETHESCOPE 803.64 882.80 636.50 246.30 2,569.24 2,569.24 ;~ 18 ~' 1 1 ~ CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 10/24/98 Information Systems 0.00 2,620.63 Support Sei-v~ces 81.00 3,971.81 Police 1880.25 43,756.68 Cei#ra7 Dispa#ch 40.2 4,627.38 Animal Control 0.00 1,356.72 Fire _ 1,396.24 :.;37,949.62 Street 201 43 _ _ _ __ 8,756.89 Community-Sertc~r Center 0 QO 2,871.48 Park Mamtenace 0.00 3,307.13 APPROVED: 11/03/98 Mayor Council Member Council Member i~ C MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO ^ FROM: M.A. ALEXANDER CHIEF OF POLICE ' SUBJECT: SUPPLEMENTAL APPROPRIATION TO POLICE DEPARTMENT BUDGET ^ (OKLAHOMA HIGHWAY SAFETY GRANT) DATE: October 30, 1998 BACKGROUND: In the Spring of 1998, application was made to the Oklahoma Highway Safety Department requesting funds in the traffic enforcement/accident investigative area. In August of 1998, this department was notified that a grant had been awarded to the City of Owasso for $25,000 to be used in overtime expenditures from October 1998 through September 1999. The City Council accepted the grant on October 20, 1998. Funds will be reimbursed to the City of Owasso upon proof of overtime expenditure in support of traffic enforcement through September 1999. RECOMMENDATION: The staff recommends City Council approval of a supplemental appropriation to the General Fund Budget, increasing estimated revenues by $25,000 and increasing expeditures in the Police Department Overtime line item in the amount of $25,000. D MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: PHIL LUTZ, P.E. ENGINEERING PROJECT MANAGER SUBJECT: ACCEPTANCE OF STREETS AND STORM DRAINAGE CAUDLE ESTATES DATE: October 28, 1998 BACKGROUND: The project is located at the southwest comer of 96th Street North and North Garnett Raod (see attached location map). The water and sanitary sewer systems were accepted by Council on July 21, 1998. The contractors have provided atwo-year maintenance bond for the streets and aone-year bond for storm drainage. (see attached). FINAL 11V~YL+'1:~1~lulV: A final inspection was held on October 8, 1998 and a punch list of items required to meet Cit standards was given to the contractors on that date. All punch list items were complete on October 13th. RECONIlViENNDATION: Staff recommends acceptance of the Caudle Estates streets and storm drainage systems. ATTACHIVIENTS• 1. Location map 2. Maintenance bonds w Q COVENTRY GARDENS t-- = 9�rN o 97TH 9 6TH °o N 97TH •- 96TH 9 -�- H T• N 0 CAUDLE FILORWAYS 5TH CT ESTATES ;`. �; 93RD ST : ,c :....:....., ... :....:::. :; :;:; :r. CT 2Na AURWAYS ATOR HEUGHTS r P =1 21ST CT =O 91 ST T > 0 20TH Cl N Q m 19T O GSA D[�M'AYS 0 1ST O 17TH ST o 89TH ST 16TH 1 w � O W 3 z z _ LOCATION MAP Z CAUDLE ESTATES CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION i 7/98 1 OF 1 [i MAINTENANCE BOND #12299 KNOW ALL MEN BY THESE PRESENTS, That we Todd Hindman Construction, 315 W. Seneca, Nowata, OR 74048 as Principal, and yictore Insurance Company aS Surety, are held and firmly bound unto city of Owasso, ox as Obligee, in. the penal sum of Seventy Three Thousand Dollars and No/Cents ($ 73,000.00 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the of Owasso, OR da excavation and of water and sealer utilities for eam~d~e Esta es o~so, OR WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and ' WHEREAS, approved has been day of _ NOW, THEREFORE, THE CONDITION OF THIB OBLIGATION IS SIICH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of-any defective materials or workmanship which become apparent during the period of year(s) from and after then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED Todd Hindman Construction (Sea 1) Principal BY= ~~ Todd Hin Owner Victore Insurance Co. (S 2a 1) u ety By: Attorney-In-Fact Joha S. Wheeler the said contract on completed, and was 19 MAINTENANCE BOND BOND NO. oxc1883 KNOW ALL MEN BY THESE PRESENTS: -1-fiAT Patton Construction Company as Principal, hereinafter called Contractor, and Merchants Bonding Company (Mutual) as Surety, hereinafter called Surety, are firmly bound unto City of Owasso as Obligee, hereinafter called Owner, in the penal sum of One Hundred Twenty Four Thousand Six Hundred Eighty Six & no/100 - Dollars ($124,686.00 ), for the payment whereof the Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement, dated October 13 , 1998 entered into a contract with the Owner for Caudle Estates Street _ Asphalt base rock, Curb & Gutter in accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made part hereof; and is referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or worfananship, and pay for any damage to other work resulting therefrom, which shall appear within a period of two year(s) from the date of acceptance of the work provided for in the Contract, then this obligation to be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 13th day of October , 19 98 . In the presence of: ~/~/7`~j(,~,~/l/J ~~~ Patton Construction Company P ~ 'pal (SEAL) Titl Yf 5c:d t lull a-itC~n Merchants Bonding Company (Mutual) Surety (SEAL) Attorney-in-F ct Shirley Wheeler Know.All Persons ey These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint POWER OF ATTORNEY Edward J. McGrath, Shirley Wheeler of Muskogee and State of Oklahoma its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: ,~ FIVE HIINDRED THOIISAND ($500,000.00) Dollars and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the folknving Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE II, SECTION 8. -The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys-in-Fact, and to authorize them to execute on behaH of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9. -The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereat, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed. this 14th day of April . 1`J98 . STATE OF IOWA COUNTY OF POLK ss Merchants Bonding Company (MUTUAL) ~...... ~~\NG ' C~•'h ;00: ~QlPOR9•ogy• • • :? ~; •Z. • : y 1933 :' c: MERCHANTS BONDING COMPANY (MUTUAL) ~t 7~- By PresMenf On this 14th day of April ,1998 before me appeared Larry Taylor, to me personally known, who being by me duly swam did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. . In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. ~K• MSC '•~ • . ~ • J 9~ ~ Z • ~ IOWA 2 '•. : ' P • ' ° '' '' ~ •.~ 'QRIA~-9 ••• •. ••...... Nofary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this 13th day of October 1998 ~ ,. • • •.. `~ MSC 0814 (Z90) . ~ NO ~0~. . ~ •F~:? -o- G: 3• • _; :, y 1933 : c: ,' Cam/ ~iG%<i/ ~~~/ Secretary E MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: ORDINANCE No. 595 DATE: October 27, 1998 BACKGROUND At the September 15, 1998 meeting, the Owasso City Council approved a request to close a portion of a utility easement located on Lots 8 and 9, Block 5, Hale Acres Addition. Council approved the closing with the condition that the owner must provide any and all additional easements necessary to allow maintenance access to the relocated sewer line. The owner has since provided staff with a deed of dedication of new easements that will provide adequate access to the relocated sewer line. Attached is a copy of Ordinance No. 595 which formally adopts the City Council's action of September 15, 1998. RECOMMENDATION Staff recommends Council approval of Ordinance No. 595. HMENTS 1. Ordinance No. 595, 2. Deed of dedication for additional easement, 3. Easement Closing Request Memorandum dated September 9, 1998, 4. Subject Map. CITY OF OWASSO ORDINANCE NO. 595 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN LOTS EIGHT (8) AND NINE (9), BLOCK FIVE (5), HALE ACRES ADDITION, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ~ ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to public use a portion of a certain utility easement; ~ WHEREAS, said utility easement is described as follows: ~ The easterly 143.00 feet of the utility easement located five (5) feet on either side of the common property line of Lots 8 and 9, Block 5, Hale Acres Addition; WHEREAS, pursuant to Title II, Oklahoma Statutes, Section 42-110, the only holders of a franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement are Public Service Company of Oklahoma, and/or Oklahoma Natural Gas Company, and/or Southwestern Bell Telephone Company, and/or TCI Cable Television Company; and, WHEREAS, the above holders of franchise or purported holders of a franchise that ~ may purport to have a special right or privilege to use said utility easement have waived their objections to the closure of said easement, if any. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, e i The following described utility easement, be, and the same is hereby °~ closed to the public use, to-wit: The easterly 143.00 feet of the utility easement located five (5) feet on ii either side of the common property line of Lots 8 and 9, Block 5 Hale '~' , Acres Addition. Section 2. The municipality shall retain the absolute right to reopen the public way or easement without expense to the municipality. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation or , transmission company facilities of service therein, nor shall aclosing aff t i -~ ec pr vate ways existing by operation of law unless released in writing by the owners thereof. Section 3. All ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 3`d day of November, 1998. ~, City of Owasso, Oklahoma ~, Denise Bode, Mayor ATTEST: Marcia Boutwell, City Clerk ~~ APPROVED AS TO FORM: ~~i Ronald D. Cates, City Attorney ~' u i~ PUBLIC UTILITY EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: THAT Vines Properties, Inc., an Oklahoma corporation ("Grantor"), in exchange for good consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, transfer, convey and dedicate to the public, for public use forever, a utility easement with the right to construct, maintain, operate, repair, replace and remove any and all ~ public utilities and appurtenances thereto with the right of ingress and egress thereto, under the following land owned by Grantor in Tulsa County, State of Oklahoma: ^ [SEE EXHIBIT "A" ATTACHED HERETO] IN WITNESS WHEREOF, the said Grantor has executed this instrument, this Z_~ day of o ~ ~ ~ 8e~ , 1998. "GRANTOR" ' Vines Properties, Inc. an Oklahoma corporation ^ By: ~ -- David Vines, President STATE OF OKLAHOMA ) ss COUNTY OF TULSA ) r Before me, the undersigned, a Notary Public, in and for said County and State, on ' this day of Q ~~, o.r , 1998, personally appeared David Vines, to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as its President and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation, for the uses and ' purposes therein set forth. Given under my hand and seal of off'r~e the day and year last above written. ~rn otary Publi My Commission Expires: ~ a (3 lax C:~23098 l/ I r The North three(3) feet of Parcel #3 AKA the South sixty-three (63) feet of the North eighty-nine (89) feet of Lot 9, Block 5, Hale Acres Addition, Tulsa County, Oklahoma: according to the recorded plat thereof AND The South seven ('n feet of Parcel #2 AKA the South thirty-seven (3'n feet of Lot 8 and the North twenty- six (26) feet of Lot 9, Block 5, Hale Acres Addition, Tulsa County, Oklahoma; according to the recorded platt thereof AND The West thirty (30) feet of Parcel #2 AKA the South thirty-seven (3'n feet of Lot 8 and the North twenty- six (26) feet of Lot 9, Block 5, Hale Acres Addition, Tulsa County, Oklahoma; according to the recorded platt thereof ' MEMORANDUM TO: FROM SUBJECT: DATE: BACKGROUND THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO THERON WARLICK CITY PLANNER EASEMENT CLOSING VINES PROPERTIES September 9, 1998 The applicant requests the closing of a portion of a utility easement located on Lots 8 and 9, Block 5, Hale Acres Addition. The subject property was replatted by a lot split in August 1997. The easement in question now bisects Parcel #2 of the lot split. A copy of the subject map is attached for your information and review. ^ The applicant requests that the portion described as the south five feet of Lot 8 and the north five feet of Block 9 be closed. The closing of the existing easement would allow for the development of ' a duplex on the subject property. The applicant notes that sewer and other utilities have already been relocated to accommodate this proposed development. At the request of the City Engineer, the owner has provided a draft of a new easement that will grant maintenance access to the relocated ' sewer line. ' The Owasso Planning Commission approved the request at the September 8, 1998 regular meeting and recommends approval to City Council. Staff recommends the closing of the eastern 143' feet of the subject easement with the following condition: 1. That the applicant must provide any and all additional easements necessary to allow maintenance access to the relocated sewer line. ATTACHMENTS 1. Location Map, 2. Diagram of the recorrunended portions of the easement requested to be closed. X11 /i, E45T~ 0 _ I ~~ ~ ~ . OUT ~: _ - i-- r AG _ _ = j=- ' ,~~~ T ~ t Y NpPTH I I ~ Rlcs ~: -::.. •,s T , AG , ~'~ ~ ~ GS -,. ... CS ::~ ~ ... cS SPORTS -PLEX SITE EAST _ i~21~ 5?REST NUR7H ~iOM 5T N. AG C ~~1, .J { 4 ~~ RE ::::;: :~~ .~ ~_ :.; RMH y` »: 7' ~~:. 1' ~. ~,- ~ F ' MEMORANDUM ~ TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: REGENA GUTHRIE SUBJECT: MAX DOWNING WORKERS' COMPENSATION COURT AWARD DATE: OCTOBER 27, 1998 ~ BACKGROUND: Mr. Max Downing began employment with the Ciry of Owasso on December 5, 1986. At the time of his injury, he was employed as a Paramedic/Firefighter with additional assigned duties ~,,, as EMS Manager. On January 14, 1997, he suffered a shoulder injury as a result of a fall while transporting a patient. He was subsequently approved for disability benefits through the State ' Firefighters Pension System, terminating his employment on February 13, 1998. ' SUMMARY OF AWARD: Although there was not a dispute about the occurrence of the accident on the job, the issue of the degree of injury as a result of this accident was tried before the Honorable Judge Kenton V. Fulton, in the Workers' Compensation Court, on October 19, 1998. On October 26, 1998, an order was filed awarding the "Nature and Extent of Permanent Partial Disability Benefits". ~ Judge Fulton's order, No. 97- 56797, awarded Mr. Downing a 1 % permanent partial disability to the Neck and 12 % permanent partial disability to the left shoulder, for a total of 13 permanent partial disability to the Body as a Whole, for which Mr. Downing is entitled to compensation for 56 weeks at $ 213 per week, or a total amount of $ 11,928. Proper receipt evidencing compliance with payment of this order is to be filed with the workers' compensation court within twenty (20) days from the date of filing of the order. RECOMMENDATION: Approval of Workers' Compensation Court order No. 97- 56797, for Permanent Partial Disability Benefits to Max Downing in the amount of $ 11,928, plus associated court and tax costs and authorization for payment of same. ~ ATTACHMENT: Court Award No. 97- 5679) OCT-27-1998 14 22 UNITED SAFETY & CLAIMS 918 665 7310 P.02i03 BEFORE TBE a0RR8RS' COKPENSATION COURT OF TSE STATE OF OK~~ s ~~~ In re claisa of: (jG,l,~ ~~~~ co w ~19~ i{AX E. DOVNING, 1R. ~A VRk Claimant ) _5 79 ~sgTfO~s. Court Number: 97 6 J N C GZTY OF O~lASSO ) ~URj' ~tespondent ) Claimant's Social Security Number: 453-78-8862 OVN RISK ) Ins. Carrier } OAIIER avAanntc ~ r~eTaRx ANU 2IETENT oP PERlSANENT PARx'IAL DISAaZLIlZ BBKSFITS Nov on this 21ST day of OCT08ER, 1998, this cause came on for consideration pursuant to regular assignment and hearing ors OCTOB~t 19, 1998, before .Tudge KFNTON V. FZlLTON, at TULSA, Oklaho~aa, at which time claimant appeared gad by counsel, GERALD VRIG1~ and respondent appeared by courssel, VICTOR SEA6LE. ~~ The Court having considered the evidence and records on file, and being well and fully advised in the premises FxNOS AND ORDERS AS FOLLOVS: 1. TxAT an DECLMgER 14, 1996, claimant vas employed by the above gamed respondent and such etnploysaersC vas subject to and covered by the provisions of the Yorkers' Compensation Act of the State of Oklahoma; and on said date claimant sustained accidental personal injury to the NECK and LEFT SHOULDER arising out of and in the course of claimant's employment. Z. - THAT at tine o£ injury, claimant's verges were sufficient to establish the rates o~ compensation at S4Z6.00 per week for temporary total disability and $213.00 per week £or permanent partial disability. Ul, I -c ~-177t3 14 ~ ~~ ulv 1 I tU 7Hrt I T ~ I.LH 1195 7113 bbd fJlYJ h'.17,.5/~,3 97-5679) - 3. - THAT as a result of said injury, claimant sustained 1 percent permanent partial disability to the NECK and 12 percent permanent partial disability to the LEFT SBOt1LDER (over and above 8x pre-existing disability), for a total of 13 percent persrtanent partial disability to the BODY AS A VSOLE, for which claimant is entitled to compensation for 56 weeks at 5213.00 per week, or the total amount of $11,928.00 of which 16.5 weeks have accrued and shall be paid in a lump sum of $3,514.50. - 4. - TEiiAT respondent fs ordered to pay claimant the accrued portion of the ~ award herein in lump sum of 53,514.50 and pay the balance of said ,award at the rate of 5213.00 per week until the total award of 511,928.00 (less tax and attorney fee) bas been paid to claimant. ' -5. - THAT respondent shall pay court costs; Special Occupational Health and ~ Safety Fund Tax shall be paid in the su~a of $89.46 or three-fourths of one percent (,75X); Special Indemnity quad Tax shall be paid in the s+sm of 5596.40 or five percent (Sr3 by claimant and 5596.40 or five percent (5x3 by respondent. Respondent, if Om Risk or No Insurance, shall pay $236.56 to the workers Compensation Administration Fund, representing tao percent (2X) of ri the permanent dfsabi.lity award herein. ~ - 6. - THAT pursuant to Title SS 0.5. Section 9?, a filing fee of seventy-five dollars ($75.00) is taxed as a cost in this matter, and shall be paid by respondent to the Court Administrator vn].ess a filing fee vas previously paid, within t~renty (20) days from the date this-order becomes final. 7. ' THAT the sum of $2,385.60 shall be deducted from the award herein and paid in lump sum to claimants attorney as a fair and reasonable attorney fee; within twenty (20) days from the date of filing of this order, respondent and insurance carrier shall file herein proper receipt evidencing compliance with ^ this order. ~ ,. 1 1 1 s aaDSR TON JUDGE TOTAL P. FJ3 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: KARL FRITSCHEN COMPREHENSIVE PLANNER DAVID WARREN PARKS SUPERINTENDENT SUBJECT: ACCEPTANCEOF 1998-1999 HIGHWAY TREE PROGRAM GRANT APPLICATION AND AMENDMENT TO PARK MAINTENANCE BUDGET DATE: October 26, 1998 BACKGROUND: In August of 1998, the City of Owasso applied to the Oklahoma Department of Agriculture - Forestry Services and the Oklahoma Department of Transportation fora "1998-1999 Highway Tree Program Grant." The intent of the program is to provide a means of funding for Oklahoma communities to beautify areas along highways that traverse their communities ~ promote the care and maintenance of trees in urban and community areas. In October, the City of Owasso was notified that a grant had been awarded to Owasso in the amount of $8,885. The project identifies two areas for tree planting -one area at 86th Street North and the Owasso Expressway, the other is located at E. 96th Street North and the Owasso Expressway. A description of the planned project outlining the complete details is included within the application information which is attached for your information and review. The completion date, if acceptance of the grant is approved, is to occur prior to April 15, 1999. The estimated total cost to implement the project/program is $11,847. The City of Owasso's share is $1,699 of "in-kind" donations consisting of park labor and grant administration, and $1,263 of "cash outlay" for the purchase of trees, t-posts, and equipment rental for a total local share of $2,962. The total federal share of $8,885 consists of the purchase of trees, an irrigation system, supplies, and equipment rental. Upon completion of the project, a total of 87 trees will be planted. While it is anticipated that the local "cash outlay" of $1,263 can be absorbed within the current FY 1998-99 Park Maintenance budget, in order to provide proper funding and administration for the grant project, staff is also requesting an amendment to the Park Maintenance Budget. The amendment would increase revenues by $8,885 and increase expenditures by the same ' amount. RECOMMENDATION: Staff recommends Council acceptance of the Oklahoma Department of Agriculture -Forestry Services and Oklahoma Department of Transportation 1998-99 Highway Tree Program Grant in the amount of $8,885, and an amendment to the FY 1998-99 Park Maintenance Budget, increasing revenue by $8,885 and expenditures by $8,885. ATTACHMENTS: 1. Highway Tree Program Grant Subject Sites 2. Highway Tree Program Grant Budget Worksheet 3. Highway Tree Program Grant Award Budget Worksheet (Revised 10-27-98) Description (Itemize estimate cost within category) Local Match (25% of total project cost) Cash Donated/In-Kind Federal Funds (75% of total project cost. Includes trees, contracted help for planting, and irrigation.) Cost of Trees and installation $1263.00 $4427.00 Irrigation System --- $3263.00 Labor for tree care $1237.00 --- Administrative $462.00 --- Supplies --- $705.00 Equipment use/rental --- $490.00 Other expenses --- --- Totals $1263.00 $1699.00 $8885.00 Total Local Share 2 962.0 Total Federal Share 8 885.00 Estimated Total Project Cost $11,$47.00 OKLAHOMA DEPARTMENT OF AGRICULTURE -FORESTRY SERVICES OKLAHOMA DEPARTMENT OF TRANSPORTATION ~ 1998-1999 Highway Tree Program SUBGRANT AWARD Number ISTEA-98-99-02 The Oklahoma Department of Agriculture, Forestry Services, an agency of the State of Oklahoma, by its agents, hereinafter referred to as the "Grantor", awards the City of Owasso, hereinafter referred to as the "Subgrantee", the sum of $8,885 under the following terms and conditions. THE SUBGRANTEE AGREES TO: 1. COMPLETE THE PROJECT ON TIME. The Subgrantee shall fulfill the planting project in accordance with the grant application, and its accepted written revisions, on file with the Grantor. The grant period shall be from ~ the Date of Award through June 30, 2002. Trees and shrubs shall be planted prior to April 15,1999. All federal funds must be spent by Apri115, 1999. Tree maintenance under this grant shall continue through June 30, 2002. 2. SCHEDULE A SITE REVIEW. ,~ The Subgrantee must participate in a site review with the Grantor before planting is scheduled. All stock must be planted according to a site plan approved by the Grantor. The Subgrantee should anticipate that planting may be delayed to allow time for the site review and any necessary project revisions. 3. USE A CONTRACT. The Subgrantee shall use a signed contract with each business providing or planting trees for this project. More than one contract may be awarded for the purchase and planting of trees. A sample contract will be provided to the Subgrantee by the Grantor. Any contract used must include the Planting Specifications (Parts 1, 2, and 3); pages 3-6 and a six month guarantee of the plant material as minimum requirements. 4. SELECT QUALITY TREES AND SHRUBS. The Subgrantee is responsible for knowing and following the tree and shrub quality standards in the Planting Specifications (Parts 1 and 2); pages 3-5. Trees and shrubs that do not meet the standards may not be plarited as part of this grant project. The Subgrantee must provide a representative to inspect the trees and shrubs before delivery or at the ~ time of delivery and reject trees and shrubs that do not meet the standards. 5. PLANT TREES AND SHRUBS PROPERLY. The Subgrantee must inspect the project during planting to assure that the planting procedure in the Planting Specifications (Part 3); pages 5-6 is followed. ~ G. SCHEDULE AN INSPECTION. The Grantor must inspect and approve the trees and shrubs before payment is made to the Subgrantee. The Subgrantee will be held accountable for the performance of all contractors. An itemized invoice and site map showing correct locations and species of trees and shrubs to be inspected must be submitted prior to inspection. 7. CLAIM FEDERAL FUNDS. The Subgrantee may only claim federal funds for trees shrubs and related items that the Grantor has approved during the inspection of the project. The Claim Form must be accompanied by a purchase order, contract, or invoice that is signed and dated and includes an itemized description of the approved trees and shrubs listing the quantity, size, and cost of each tree by species. The Subgrantee must submit an itemized invoice and (1) paid receipt or (2) copy of front and back of canceled check as soon as possible after payment is made to a business (within 60 days). All federal share expenses must be completed and documentation submitted to the Grantor by May 31, 1998. 8. PAY THE BUSINESS /CONTRACTOR. After inspection and approval of the planted trees and shrubs by the Grantor, the Subgrantee should make payment to the business. 9. MAINTAIN THE TREES AND SHRUBS. Maintenance must be performed according to the Tree and Shrub Maintenance Agreement and Landscape Agreement signed by the Subgrantee. Grant related maintenance must be continued through June 30, 2002. 10. INSURE SURVIVAL. At least 80% of the trees and shrubs must be living and vigorous at the end of the grant period. The Subgrantee shall replace dead or unhealthy trees and shrubs to insure a minimum 80% survival rate for the project. Trees and shrubs will be inspected by the Grantor periodically throughout the project period and at the end of the grant period. Living and vigorous (trees) means that at least 90% of each tree crown will be densely supplied with healthy leaves of normal size, shape, texture and deep color for the species. Trees will be properly pruned and watered. Each tree will be growrng in a mulched, weed free area of six feet in diameter or greater. Trunks and branches will be free of wounds. Living and vigorous (shrubs) means that at least 90% of each shrub will be densely supplied with healthy leaves of normal size, shape, texture and deep color for the species. Shrubs will be properly pruned and watered. Each shrub will be growing in a mulched, weed free area. Stems and branches will be free of wounds. 11. SEND PROGRESS REPORTS. The Subgrantee must submit a Progress Report describing activities and maintenance of the project at the end of each quarter until the non-federal match has been met. After the match has been met, reports must be submitted semiannually through June 30, 2002. 12. SEND FINANCIAL REPORTS. The Subgrantee must submit an Expense Summary at the end of each quarter until the full match has been met. These reports will document eligible non-federal expenses. 13. KEEP RECORDS. Failure to submit reports promptly may make the Subgrantee ineligible for future awards in the grant program. 2 The Subgrantee shall make any books, records, documents, accounting procedures, audits, practices or any other items relevant to this agreement available for examination by the Grantor, the State Auditor and Inspector, or a federal auditor. Records will be maintained for a minimum of three (3) years following the end of the project period. 14. FOLLOW THESE FEDERAL REGULATIONS. A. The Subgrantee must comply with cost principles and regulations pertaining to Federal grants as described in 49-CFR-18. Pertinent regulations contained in the following OMB Circulars must also be followed: A-21, A-87, A-128, A-122, A-133. B. The Subgrantee must certify that it is not debarred from this grant program by submitting a completed Certification Regarding Debarment, and may not conduct business with individuals or organizations debarred from federal grant projects. C. The Subgrantee must comply with the General Certifications Required of All Recipients of Federal Funds. 15. ACCEPT RESPONSIBILITY FOR PERFORMANCE. The Subgrantee must insure that at least 80% of the planted trees & shrubs remain living and vigorous through the end of the grant period. The Subgrantee shall be ~ held accountable for the performance of all contractors. If the project fails for any reason, reimbursement of the federal grant award may be required. The Subgrantee shall return to the Grantor any funds advanced under this agreement upon the written demand of the Grantor when it has been determined that there has been a breach of this subgrant award or any of its terms or that performance of the recipient or any contractor receiving funds under this grant is unsatisfactory by reason of failure to provide services and/or products adequate to meet the conditions of this grant. THE GRANTOR AGREES TO: 1. Upon receipt of proper documentation, make payment to the Subgrantee up to the approved grant amount, in accordance with the above agreement. 2. Provide information and guidance to help the Subgrantee achieve a successful project and periodically review progress to assure the project meets federal and state guidelines, and that continued tree & shrub maintenance is satisfactory. ' 3. Provide to the Subgrantee a Tree & Shrub Maintenance Agreement, Bid Specifications for the Purchase and Planting of Trees and Shrubs, and a Sample Contract for the Purchase , and Planting of Trees and Shrubs. Planting Specifications Part 1. General Certification of Stock Source ~ All trees and shrubs shall be container grown, balled and burlapped ,grow bag or tree spade ~ stock obtained from a recognized nursery using good horticultural practices. Trees and shrubs will be healthy, vigorous stock grown under climatic conditions similar to conditions in the locality of the project and free of disease, insects, eggs, larvae injury, freeze damage, sunscald, and defects such as abrasions or disfigurement. Trees and shrubs will have appropriate rootball size in relation to stem caliper. Trees and shrubs shall comply with the recommendations and requirements of ANSI 260.1-1996 "American Standard for Nursery Stock." All trees must be ~~ 3 uniform in size and shape. The Subgrantee or ODA-Forestry Services reserves the right to inspect all trees and shrubs at the place of growth and/or point of purchase for compliance with requirements for name, size, and quality. Upon delivery to the planting site, the Subgrantee reserves the right to reject any plant material that does not meet the above standards, or plants that have been damaged during shipment. Product Delivery, Storage and Handling All trees and shrubs are to be delivered from the growing site to the planting site with special care as to prevent the rootball from excess drying and limit wind damage of the foliage; tarps or covered vehicles are recommended. Always pick up the tree by the container or rootball, not by the trunk. If planting is delayed more than six (6) hours after delivery, the rootballs shall be covered with moist soil, mulch or other protection from the drying wind and sun. Do not remove container grown stock from containers until planting time. All trees and shrubs shall be watered as necessary until planted. ,~, Maintenance Instructions The Contractor shall maintain all trees and shrubs in a first class condition until final acceptance of the total project is granted and a final inspection is made. Coordination with Existing Trees/Lawns r Care shall be taken to protect existing trees and plant materials from all mechanical damage and unnecessary soil compaction. Protect lawn areas and promptly repair damage to lawns resulting ~ from planting operations. Part 2. Products Tree and Shrub Quality The Contractor will provide trees that comply with the following standards: Trunks and Branches (Trees) * Co-dominant stems are not acceptable. * Single, straight trunk, well formed arici sturdy. Multi-trunked specimens are acceptable only if specified. * Lateral branching plentiful and uniformly distributed with the crown beginning no lower than four (4) feet above the ground on a 1 1/2 inch caliper deciduous tree. At least half the trunk should have lateral branches. Variations due to site requirements may be allowed but must be submitted in writing and authorized by Grantor prior to planting. * Crotches shall not have included bark. * Sprouts cleanly removed. * Pruning scars clean cut leaving little or no protrusion from the trunk or branch. * Trees shall be free of cold injury and sunscald. * Caliper of trunk shall be taken six (6) inches above the ground up to and including four (4) inch caliper size, and twelve (12) inches above the ground for larger sizes. * No wounding to the tree trunk or branches. Trunks and Branches (Shrubs) * Sprouts cleanly removed. * Pruning scars clean cut. * Shrubs shall be free of cold injury and sunscald. 1 Foliage (Trees and Shrubs) * Trees and shrubs densely supplied with healthy, vigorous leaves of normal size, shape, texture and deep color appropriate to the species. * No chlorosis present. * Pest or mechanical injury not to affect more than 5% of total foliage. Root System (Trees and Shrubs) "~ * Shall be sturdily established in container. * Shall not be excessively root bound. * Shall have no kinked or circling roots. , * Shall have no large roots growing out of container. * Rooting medium shall be weed free. * If balled and burlapped, the rootball will not be cracked or broken. * The size of the rootball shall be in proportion to the stem caliper as outlined in ANSI 260.1-1996. Mulch Mulch shall be of shredded bark and twigs, pine straw, or bark, wood chips or other pre- approved organic material. Stakes Provide stakes made of sound new hardwood or untreated softwood, 2"X2", free of knotholes ' and other defects. Metal fencing posts are acceptable for larger stock. Part 3. Implementation Planting Procedure 1) Dig a large planting hole. ^ The planting hole should be dug as deep as the rootball, but no deeper. The hole should be two to three times as wide as the diameter of the top of the rootball. ~ * Shrub beds - If planting shrubs in beds, thoroughly loosen and till the soil to a depth of 8 inches to 10 inches. Thick existing turf should be removed prior to tilling. The entire bed should be mulched to a depth of 4 inches to 6 inches. 2) Prune sparingly. Examine the tree closely for injury to roots or branches. If any roots are crushed, cut them at a point just in front of the break. On the top, prune only broken branches, making sure to leave the branch collar (swollen area where one branch meets another) intact. 3) Prepare the hole and soil. While some newly transplanted trees and shrubs may benefit from an application of plant food, ~ it is best not to use fertilizer until the tree or shrub is well-established. Native soil placed in the hole is usually adequate. Never apply high nitrogen fertilizer at planting time. It may burn tender roofs. .~ Y~ 4) Place the tree or shrub at the proper height. ' To avoid damage when setting the tree in the hole, always lift the tree by the rootball. Never lift or carry the tree by the trunk. Add a sufficient amount of soil to the planting hole to bring the tree or shrub to its original growing level. This level is indicated by a dark stain on the trunk ,,,~ which marks the difference between root and trunk bark (root collar). Keep in mind that on balled and burlapped trees or shrubs, the point at which the burlap is tied can be much higher than the original soil line. In heavy, clay soils, the rootball may be planted slightly higher than the surrounding ground level, but soil must be added to slope from the top of the rootball to the ground level. Not more than 1/4 of the rootball may be above ground level. 5) Fill the hole firmly but gently. If the tree is balled and burlapped, cut the string and remove all burlap on the top of the rootball. A minimum of 1/2 of the burlap must be removed from the sides of the rootball. No burlap may be exposed to direct air contact. Completely remove all containers, peat pots, and root control bags. A minimum of 1/2 of the wire basket must be removed from the rootball after the tree is set in the hole. Fill the hole by gently firming the earth around the tree to hold it in place and to eliminate air pockets. Settle the soil around the roots with water and add soil to the hole until the tree is firmly positioned. Do not excessively tamp around the tree base. This compacts the soil and may inhibit the spread of roots. Rake a ridge of soil around the margin of the hole (outside the ~ root area) to create a reservoir when watering. 6) Stake the tree only if necessary. Staking a tree can cause bark damage, so it should be avoided where possible. On windy sites evergreens or large trees require staking for the first growing season. Nylon webbing or strapping must be used if the staking material comes in contact with the ' main trunk. Wire threaded through garden hose is acceptable if it is formed into a circle large enough to avoid all contact with the tree bark. The circle of hose may be centered around the trunk and then wired to stakes which are placed outside the perimeter of the tree well. The circle ~ of hose should be suspended just below the bottom branch. ~ Remove the staking material as soon as the tree has firmly rooted itself in the soil. As a rule, the stakes should not be left in place for more than a year. 7) Mulch the tree. Establish a 4 inch layer of acceptable mulch in a 6 foot diameter circle around the newly planted tree. This will conserve soil moisture and protect the tree roots from hot and cold temperatures. Pull mulch away from the tree trunk to provide aeration. Mulch maybe shredded bark and twigs, pine straw, or bark and wood chips. 8) Water the tree. Saturate the fresh backfill around the tree with water in an amount that will insure the entire rootball becomes wet. General Certifications Required of All Recipients of Federal Funds Legal Authority to Enter into the Agreement. The recipient organization possesses legal authority to enter into the agreement; that a resolution, motion or similar action has been duly adopted or passed as an official act of its governing body, authorizing the acceptance of the agreement including all understandings and assurances contained therein and directing and authorizing the person identified as the official representative of the recipient organization to act in connection wrth the agreement and to provide such additional information as may be required. Conflicts of Interest. The recipient organization shall prohibit employees from using their positions for purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family business or other ties. Lobbying Provisions. The recipient organization shall ensure that Federal funds are properly spent. In ,~ particular, except nonprofit organizations which are subject to the lobbying provisions of paragraph B.21 of the OMB Circular A-122, it will assure that funds are not used for partisan or political activrty purposes. Member of Congress. No member of, or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefits that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. Civil Ri hts Act. The recipient organization shall comply with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, and in accordance with Title VI of that Act, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Sex Discrimination. The recipient organization shall comply with Title IX of the Education ~ Amendments of 1972, 20 U.S.C. 1681, and following which prohibits discrimination on the basis of sex in Federally assisted education programs. Handicap Discrimination. The recipient organization shall comply with section 504 of the Rehabilitation Act of 1973, as amended 29 U.S.C. 794. Section 504 provides that no otherwise qualified handicapped individual shall solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Age Discrimination. The recipient organization shall comply with the Age Discrimination Act of 1975, 42 U.S.C. 6101-6107, which prohibits unreasonable discrimination based on age, in programs or activities receiving Federal financial assistance. Drug-Free Workplace. The recipient organization shall make a good faith effort to maintain adrug-free workplace by notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the recipient's workplace and specifying that actions will be taken against employees for violation of such prohibition. Environmental Protection Agency's List of Violating Facilities. The recipient organization shall insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of violating facilities and that it will notify the Grantor of the receipt of any communication from the Director of the EPA, Office of Federal Activities, indicating that a facility to be utilized in the project is under consideration for listing by the EPA. ~ National Environmental Policy Act. The recipient organization shall comply with Public Law 91-190, the National Environmental Policy Act of 1969. The recipient or other party and the Grantor agree to ' direct their program activities covered by this agreement toward managing and enhancing the environment for the widest range of beneficial uses without its degradation or risk to health or safety or other undesirable consequences. The recipient or other party further agrees to assist the Grantor in the preparation of environmental statements as required by section 012(2)(c) of Public Law 91-190 for all ~ major federal actions taken under this agreement which might significantly affect the quality of the human environment or be highly controversial in regard to unresolved conflicts concerning the use of resources. Clean Air Act. The recipient organization shall comply with the Clean Air Act of 1970, 42 U.S.C. 7401 and following which requires federally assisted activities to be in conformance with the State (Clean Air) Implementation Plan. ' National Historic Preservation Act. The reci ien or ni p t ga zation shall assist the Grantor m its compliance with section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. 470, Executive Order ~ 11593, and the Archeologist and Historic Preservation Act of 1974, 16 U.S.C. 469a-1, et. seq., by (i) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CrR, Part 800.8) by the activity, and notifying the Grantor of the existence of any such properties, and by (ii) complying with all requirements established by the awarding +r agency to avoid or mitigate adverse effects upon such properties. 8 1 SUBGRANTEE ACCEPTANCE: State of Oklahoma, County of , The undersigned, of lawful age, being first duly sworn, on oath says that he/she is the duly authorized representative of the Subgrantee. Affiant further states that he/she has made no '~ payment, given, or donated or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State of Oklahoma, money or any other thing of value to obtain payment or the award of this grant. Affiant further agrees to abide by the terms and conditions of this grant as described above. Signature and Title Printed Name and Title ' Federal Employer Identification (FEI) Number of Subgrantee Subscribed and sworn to before me this day of , 1998. ' Commission Expiration , Notary Public, City Clerk or Judge Date: GRANTOR ACCEPTANCE: Date Roger L. Davis, Director Dennis V. Howard Oklahoma Forestry Services Secretary of Agriculture 9 !. _ /''~ a pp r .c.~r-~rn erg tS ©o~cne; I h4S reeei~ed Plahn~n~ eomrn;ss~'o,~ Mih~{~~S K<°'eP C aynme~ fd 5rr~.nNtrs, ~A~~? ~ Comr-~e~-Fs abo,~l- -P1od~~n~- do~sn~. wait ~~~~s~v,~-l in bQck~~• ~o~,n Jackson- request ~o deny aor-~merQ,'al d.~~e/opo+s~'~ b~ca.Ks~ o{ 9a41,~y of 1:~'e~ row se~ay•e, Pro~Jrrfy u4/w~.S~ /and asp //en ~`"~ j d 159Y, ~ omy-te~c:aJ .proPer~y I s ho~.J VAC'an't ~ C'DU/cl ~e ws~°l ~udY ~ Perna r , f ~ BPS i~ f~:11s: ~c ~stgf~ S - rc~,w sP~a9e ; n maal~o% c~e~ ~~~ poSS-^ ~o«n'} wq„'~ in~l~s~~'iA ~ areq i/) R~i'o~{-~oPgood. l~a~-~+~Irrn ~ie~la~-tr- ~~tsrly ~~It~r tn4t ~'nCy o%~'•~ waif ~-ll~.~ c~oi~•F wgat J'~a- a ~- ~ • ~OACC'~ COyb1M P~'GI`A ~ d pnird rr9yPS~ ~ `PAPZD~Q ~-o T~ ~~. ~ M ~e ~~d ~'IVC'06 SHP~or~e~ the !'ezon~ny Lynn lhareas --1,Jhct-~ c~oQS ~-Iie aP~l~'ean~ ~vP ~n rh.~~ ~v~' the Propor~y ? dvo ~9aa ror nd -,bow /it ~-he land ~"D ~rea~ % n~o Sma /~~r, .QaV;d vl AC S - l o ~-s ~ g 9 ~ d ! I a nd is na ~'' ,~ self at no prod; ~ b~equse ,~ Ns~r~o d va ~ Ia b/e . ~o G': bsan - 'f'IIr'S is a. I'Psi d pn 7~a/ a rpm. ~ cvp don 5b , nPPC~ i ~~KS dry jV1 rthe ne -qh borhoad . l"~r Sm;~h gS/ced w ~.af iS L'~'. -Theron (~f~fm'•tS fr~`cf:~~ ~o~r-~rrrP/'t Ta I 20h;n~ Gl~d~S 1 ~loYn~rs - ~~VPS 1~H.s~ harf~l o-~ ,pr`cP~Pr'f~. ~GyS1h~sS does n0~ do „~PII -~"tieVrc~ I~QCGNSC ;f'~Soh'~' o~ a m~iJ'o~' h,hghe.~4~ , Bahr (~ro~-h- ryas an G';~.~ Co«~Qil cvl+Pn Pl~~~intr Comm. was ~o,rynod. ~ w ('1a'F- i S b r5 ~" ~p'f' ~ hQ C i +1 x,f-1s , 3 ~r OWASSO CITY COUNCIL Presiding ~IQy sal~~~ - gq~~ houses Roll Call Ms Voss Mr Smith / Ms Barnhouse / Mr Wilken Mayor Bode Date ~o - 3 -98~ Time Convened 6 ~ _ Item Number ~_ C p» SC n"f' AYE NAY Ms Voss ~.- Mr Smith ~S ,_ Ms Barnhouse i '`'`-vn~r~:ir Mayor Bode Item Number ~nani' AYE NAY Ms Voss M ~" Mr Smith ~/ Ms Barnhouse ~_ a,~_ . Mayor Bode _~ Item Number ~_ s-~*~~P.~9PH'~'A 1 AYE NAY Ms Voss '~ Mr Smith 5 Ms Barnhouse .~_ Mayor Bode. Item Number zo~~~ Prta AYE NAY Ms Voss _~ Mr Smith ~ Ms Barnhouse -~~a ~~ n~ ~~ Mayor Bode ~f MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: APPEAL OF REZONING REQUEST OZ-98-13 VINES PROPERTIES ~ DATE: October 26, 1998 ' BACKGROUND The Owasso City Planning Commission held a public hearing on October 13, 1998 to revievv~l a rezoning request from AG (Agriculture) to CG (General Commercial) for property containing approximately 23.55 acres generally located at the southeast corner of E 116`'' Street N and ~ Mingo Road. A legal description of the subject property is contained within the complete st ff report that is attached for your information and review. The applicant, David Vines of Vines Properties, Inc., has requested the rezoning to CG in order to ~ allow for the development of the site for commercial and "high-tech" business uses. At the Octo ~ er 13, 1998 meeting, staff presented a favorable recommendation for the proposal, finding it consistent ' with the comprehensive plan and compatible with surround land uses, both existing and anticipated. II ~ Of the approximately 19 persons that attended the meeting, seven voiced concerns regarding tide proposed change. These concerns ranged from drainage in the area, traffic safety at t~e intersection of E 116' St. Nand Mingo Rd., a desire to preserve the "country living" ' atmosphere, to the type and appearance of the proposed businesses. One citizen noted that there were already vacant commercial properties in the German Corner area and that more commercial property was not needed. In response to this statement, a local real estate broker, Billie Watte',rs, t countered by saying that there are many different types and sizes of commercial space, and that a large, vacant facility such as the old Wal-Mart building at German Corner, does not always translate into usable or appropriate space to another smaller company. She noted that there ' as ~ an enormous effort behind filling the Wal-Mart vacancy, but that it would take time. Notices of the rezoning request were mailed property and legal notice was published in posted on the subject property on September to property owners within 300 feet of the subject the Owasso Reporter. A public notice was also 16, 1998. The applicant is requesting that Council review additional evidence and override the Planning Commission denial. If Council approves the rezoning request, an ordinance will be presented,! at C:\Owasso\Planning Commission\10-13-98\OZ-98-13 Vines\Council appeal MEMORANDUM 2- OZ-98-13.do¢ the November 17, 1998 meeting to formally adopt the actions of the Council. If Council denies the rezoning, the applicant may drop the case or appeal it to the District Court. RECOMMENDATION Staff recommended approval to the Owasso Planning Commission of the proposed rezoning from AG to CG as it was consistent the 1985 Comprehensive Plan for Owasso and compatible with the anticipated growth of the City. Based on an evaluation of evidence gathered by staff as well as additional evidence presented at the public hearing, the Owasso Planning Commission voted unanimously to deny the proposed rezoning. ATTACHMEN`1 S 1. Letter to the City Clerk from Mr. Vines appealing the Plamiing Commission denial, ~ 2. Copy of draft of Planning Commission minutes regarding the proposed rezoning, 3. Staff report to the Owasso Planning Commission. 1 1 1 1 1 1 1 1 C:\Owasso\Planning Conunission\10-13-98\OZ-98-13 Vines\Council appeal MEMORANDUM 2- OZ-98-13.doc I~NE:9PRE3PF-It-~C 11330 N GARNE7T Qt~!~SQ,1}I:~=..74055 272-2750 ~` ~ t~-f)ctabef-1998 Subject Request for Appeal ' To: Owasso City Clerk 1. On 13 October 1998 a request fOLIeLAn~(cam#.098-~}wagpr~ented to the Owasso-PlanBing:~Qmmission for their recommendation. The commission voted not to forward this case to the Owasso City Council for approval. Obviously, I feel this rezoning wwil~_be in-the best interest of the community .I also-have new evidence to support approval of this rezoning. Based on these factors, I hereby request to appeal the Owasso Planning Commission's decision:duectly to-the Owasso City C©uncil. 2. If you have any questions, please can call me at the Vines Properties office at 272-2750. DAVID V'1 VII3ES; President -- -- Vines Properties Ircc .---... ir. ~, OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Tuesday, October 13, 1998 Owasso Community Center 301 South Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Bill Ellison Bob Randolph Larry Helton Charles Willey MEMBERS ABSENT STAFF PRESENT Theron Warlick Marsha Hensley The agenda for the regular meeting was posted in the Owasso City Hall, 207 S Cedar, on October 2, 1998 at 3:00 PM. 1. CALL TO ORDER -Chairperson Ray Haynes called the meeting to order at 7:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF SEPTEMBER 8, 1998 REGULAR MEETING. -The Commission reviewed the minutes of September 8, 1998 Regular Meeting, Charles Willey moved, seconded by Bob Randolph to approve the minutes as written. A vote on the motion was recorded as follows: Ray Haynes -Yes Bill Ellison -Yes Bob Randolph -Yes Larry Helton -Yes Charles Willey -Yes YIN~S 4 The motion carried 5-0. OZ-98-13 -Vines Properties -The owner, Vines Properties, Inc., proposes rezoning 23.55 acres, more or less, from AG (Agriculture District) to CG (General Commercial District). The subject property is unplatted land generally located at the southeast corner of E 116th St No and Mingo Road. Theron Warlick presented the case. This property was annexed into the City in September, 1998 and is currently undeveloped. The 1985 Comprehensive Plan for the City of Owasso suggests that this land be used for High Intensity Industry with Medium Intensity Commercial. Prior to the annexation into the City of Owasso, the applicant requested a rezoning from AG to IL from the Tulsa Metro Area Planning Commission. This rezoning request was denied by the TMAPC. Notices were sent to surrounding property owners and a legal ad was published in the Owasso Reporter. Staff received '~i OWASSO PLANNING COMMISSION ' October 13, 1998 Page No. 2 one call opposing the rezoning from a Hale Acre resident. The following is a list of .., comments/concerns made by surrounding property owners that were present: Lynn Thomas - 11635 N 97th EAve -Concerns with drainage in the area, traffic safety at that corner and would like to see that parcel develop residential. r John Jackson - 9504E 109 St No -Drainage concerns and th depreciation of property ' his property. Questions regarding how the parcel would be divided. He want to keep Owasso a bedroom community. Jane Strickland - 11413 N 96 E Ave -Traffic and safety concerns at that intersects n, Randy Strickland - 11413 N 96 E Ave -Inquiring the types of business going ir~~, if approved. Jim Doss - 11635 N 101 EAve -Moved to Owasso for a country living atmosphere, doesn't want machine shop in his backyard. Deidra Payne - 9121E 116 St No -Feels there is enough traffic in the area, rezone to residential. Gladys Thomas - 11635 N 97 E Ave -There are enough empty buildings already surrounding German Corner. Keep Owasso a family community. Billie Watters - 9901 North Yale -There is an enormous effort going into finds g a tenant for the old Wal-Mart building. It is such a large building it is going to take a while. David Vines, the applicant, addressed the Commissioners. Mr. Vines stated that a window manufacturing company considered opening an establishment in Owasso ~', but, could not find a building to accommodate the business. He also stated that he was trying to do something good for the community and feels this location is the least intrusive for commercial zoning. Charles Willey moved to deny the rezoning request as submitted, Bill Ellison seco A vote on the motion was recorded as follows: Ray Haynes -Yes Bill Ellison -Yes Bob Randolph -Yes Larry Helton -Yes OWASSO PLANNING COMMISSION October 13, 1998 Page No. 3 Charles Willey -Yes DRAF~ The motion was denied 5-0. END •VINFS OZ-98-12 - Kourtis Realty LTD Co -The agent, Perry Cleveland, proposes rezoning .653 acres, more or less, from OL (Office Low Intensity District) to CS (Shopping Center District). The subject property is unplatted land generally located on E 86th St No between Bank of the Lakes and Robert Long Insurance Agency. Theron Warlick presented the item. This portion of East 86th Street North has grown into a considerable commercial district since 1990. The appropriate vegetative butter between the proposed commercial site and the residences to the north will be needed. During the site planning process the traffice movements between the Long Office Center, Bank of the Lakes and this proposed shopping center. Notices were sent to surrounding property owners. and the legal ad was published. Staff received no comments from the public regarding the proposed rezoning. Ray Haynes moved to approve the rezoning request, Bill Ellison seconded. A vote on the motion was recorded as follows: Ray Haynes -Yes Bill Ellison -Yes Bob Randolph -Yes Larry Helton -Yes Charles Willey -Yes The motion carried 5-0. 6. Easement Closing -Tim Hamilton - A request to close a portion of a 15' utility easement located on Lot 3, Block 1, Double Oaks III. The subject property is located at 7913 N 128 E Ave. The owner proposes to relocate sanitary sewer on the subject property. Theron Warlick presented a report to the Commissioners. The applicant failed to show a 15 foot utility easement crossing the rear yard of the property, because Mr. Hamilton was unaware of this easement, the home was built on top of the sewer main. The relocation would occur within the existing easement and would not require the dedication of additional easements. The Technical Advisory Committee reviewed the request at the September 30, 1998 meeting. There were no comments or concerns regarding this request. Staff recommends the closing of the easement with the following conditions: 1. That only the portion of the easement which lies underneath the house be closed. ' MEMORANDUM TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER ' SUBJECT: REZONING - OZ-98-13 DATE: October 5, 1998 BACKGROUND ~ ' TUS OF APPLICANT: David Vines is the owner of Vines Properti ~ s, APPLICANT AND STA ~ Inc., the applicant. REQUESTED ACTION AND PURPOSE: A request to rezone the subject property from ~G (Agriculture) to CG (General Commercial) in order to allow for commercial development. ~ PREVIOUS ACTIONS: The subject property was recently annexed into the Ciry in September, 1998. ' In June 1998 and rior to annexation, the applicant requested a rezoning from AG (Agriculture) P ., to IL (Light Industrial) from the Tulsa Metro Area Planning Commission. At the hearing in downtown Tulsa, approximately eight area residents protested the rezoning, citing traffic issues and incompatibility with the surroundings. Although the TMAPC Commissioners asked questions of the Owasso Comprehensive Pl: Karl Fritschen, regarding the status of the Owasso comprehensive plan update, there in relatively few questions regarding the specific rezoning request. Commissioner Pace comn that she thought the request appeazed to be a case "spot zoning" . Against the recommen of INCOG support staff, the TMAPC voted to deny the rezoning request. LOCATION AND SIZE: The subject property is unplatted land generally located at ~tl southeast corner of E 116' St. N and Mingo Road, west of the Owasso Sports Pazk. The subje property contains 23.55 acres, more or less. EXISTING LAND USE: The subject property is currently undeveloped. SURROUNDING LAND USE: To the west across Mingo Road, the subject property abuts an undeveloped portion of Hillside Estates Addition, which includes residential parcels and one corner parcel that has recently been rezoned for office use (OZ-98-10, August 1998). To the north across E 116' St. N, the subject property abuts residential property and a church; these ',a ' C:\Owasso\Planning Commission\10-13-98\OZ-98-13 Vines\MEMORANDLJM - OZ-98-13.doc located outside the City Limits. To the northeast across E. 116 St. N and the S.K.O Railroad line, the subject property is opposite the rear yards of approximately two homes in the West Port Addition, and to the east also across the S.K.O. line, lies the Owasso Sports Park. Additional undeveloped land zoned AG and located outside the City abuts the subject property on its southern border. APPLICABLE REGULATIONS: The Zoning Code of the City of Owasso, Chapter 15 "Amendments" and Chapter 6 "Commercial Land Uses." ANALYSIS The owner is requesting a rezoning of a 23.55 acre parcel from AG (Agriculture) to CG (General Commercial) in order to allow for commercial development of the site. The 1985 Comprehensive Plan for the City of Owasso suggests that this land should be used for High Intensity Industry with Medium Intensity Commercial located at the southeast corner of E 116th St. N and Mingo Road. This is also reflected in the TMAPC comprehensive plan. Spot zoning would involve rezoning solely for the benefit of the owner, and without regard for the comprehensive plan for the community. Since the owner requested a zoning change from TMAPC that was consistent with the comprehensive plan, the previous rezoning request by definition cannot be a case of "spot zoning" . Staff considers the proposed rezoning to CG to be reasonably consistent with the 1985 Comprehensive Plan. Other factors that support a decision to rezone the property to CG include: 1) The increasing probability that an expanded SH 20 may be located within one mile of the subject property, 2) The presence of the S.K.O. Railroad, an active rail line on the eastern boundary of the subject property, is detrimental for residential uses, but is potentially an asset for commercial and high-tech uses, 3) Actual traffic counts at this intersection are low, indicating that the proposed development would not place an overwhelming burden on the road network, Though the proposal appears to be harmonious with the anticipated growth in the community, the developer should be considerate of the few existing residences in the area. The enclosed aerial view illustrates a partially wooded, vacant tract of land. Staff would encourage development that will preserve much of the existing vegetation and character of the land. This would allow for natural buffers with surrounding residential areas. The developer may also choose to present a unified plan for access to the site, which would limit its traffic impact. Staff is confident that these issues can be adequately addressed during the platting and site planning processes. Notices were sent to surrounding property owners within 300 feet of the subject property on September 16, 1998 and the legal ad was published in the Owasso Reporter on September 17, 1998. Additionally, a public notice was of the proposed rezoning was posted on the subject property on September 16, 1998. As of this date, staff has received, no comments from the public regarding the proposed rezoning. C:\Owasso\Planning Comrnission\10-13-98\OZ-98-13 Vines\MEMORANDiJM - OZ-98-13.doc i~ iZ_F.f'nMMFNDATION Staff recommends approval of the proposed rezoning as it is consistent the 1985 Comprehensi e Plan for Owasso and compatible with the anticipated growth of the City. TTACHMENT 1. Location Map, 2. Copy of the 1985 Comprehensive Plan, 3. Aerial Photograph, 4. Mid-block traffic count comparisons, 5. Copy of June 17, 1998 TMAPC hearing on David Vines rezoning, 6. Zoning Change Application, 7. Copy of publication in Owasso Reporter, September 17, 1998, 8. Copy of letter to surrounding property owners. C:\Owasso\Planning Commission\10-13-98\OZ-98-13 Vines\MEMORANDUM - OZ-98-13.doc _ li ~ r ri:,i ~~ .. .._ .?i 41 {~ ~ t ....~. ~ 1.~. ~.' P. ~" / ~ 1~'S ~i T Q; '\, 4s y ~ ar \.~ ~~ W ., t ~\ \ ~ _ ' W O __. f . ~ e P m E i ii3m st. N. ' .~ . ~ .. ~ z ~ .. l01 ~~'~"y,..•;.. . ~ , , ~, ~~' ~. k,..~ E 116 Street North OZ-98-13 .~ Subject Property ;~~ ~~~ 1 >qc / ~ Y ~~ ~ . 4 q ;~ J t ~ C~ z~ OWASSO SPORTS-PLEX }R~ qG ,~~ . :•.:•r.•~:~ ti Q '/ I ' 1 1 1 1 r .:r "i- 1 Traffic Count Com arisons ~M ~ D-B~c.~ K~ m e- (O,ooo 1/~ CAPgiC~I'i 1 1 ,. Street ~egm.ent _ . ... __ 106th St N Mingo -Garnett 0 241 427 2 106th St N Garnett - 129th E Ave 0 1572 0 2 106th St N 129th EAve - US-169 0 708 1375 2 ~, 106th St N US-169 - 145th E Ave 651 4753 3002 2 106th St N Memorial -Mingo 0 307 0 2 116th St N Sheridan -Memorial 2720 0 0 2 116th St N 129th EAve - US-169 0 4268 6348 2 116th St N US-169 - 145th E Ave 6200 8990 6433 2 116th St N Garnett - 129th E Ave 5000 7311 4787 2 116th St N Mingo -Garnett 4011 4821 386 2 116th St N 161st East Ave - 177 East Ave 0 8000 0 2 126th St N Garnett - 129th E Ave 0 1820 0 2 126th St N 129th EAve - US-169 0 3003 0 2 126th St N US-169 - 145th E Ave 0 3120 0 2 126th St N Mingo -Garnett 0 614 0 2 129th E Ave 96th St N - 86th St N 0 4081 5939 2 129th E Ave 126th St N - 116th St N 0 816 0 2 129th East Ave 96th St N - 86th St N 0 5043 4568 2 ' 129th East Ave 86th St N - 76th St N 0 3736 5905 2.. 129th East Ave 86th St N - 76th St N 0 4257 5253 2 129th East Ave 116th St N - 106th St N 0 3237 0 2 129th East Ave 106th St N - US-169 0 1746 1788 2 129th East Ave US-169 - 96th St N 0 2349 0 2 145th East Ave 116th St N - 106th St N 0 2584 0 2 145th East Ave 116th St N -106th St N 494 2584 0 2 145th East Ave 106th St N - 96th St N 0 1032 0 2 145th East Ave 96th St N - 86th St N 2345 0 0 2 145th East Ave 96th St N - 86th St N 2345 1535 0 2 161st East Ave 86th St N - 76th St N 0 3731 0 2 177th East Ave 86th St N - 76th St N 0 3339 0 2 76th St N 145th EAve - 161st E Ave 0 3500 0 2 i 76th St N US-169 - 129th E Ave 0 5906 10904 4 76th St N US-169 - 129th E Ave 0 5610 6990 2 76th St N 129th EAve - 145th E Ave 0 3909 4916 2 76th St N US-169 - 129th E Ave 0 5758 6990 2 76th St N Mingo -Main 0 5889 10073 2 76th St N Mingo -Main 0 5889 0 2' 76th St N Memorial -Mingo 0 4417 10766 2'~ Street Se anaen~t A.bT X993 ADT.;~995 A.Dx X997 `~o; Lanes , 76th St N Main - US-169 0 10990 15373 4 76th St N 161st EAve - 177th E Ave 0 3122 0 2 76th St N Sheridan -Memorial 2064 3139 7157 2 76th St N Lakewood -Sheridan 0 3165 0 2 86th St N 129th EAve - 145th E Ave 0 4815 6123 2 86th St N Sheridan -Memorial 0 2233 0 2 86th St N Sheridan -Memorial 0 5439 5046 2 86th St N 129th EAve - 145th E Ave 0 5515 6676 2 86th St N US-169 - 129th E Ave 0 15244 19215 5 86th St N US-169 - 129th E Ave 0 10970 13959 5 86th St N Garnett - US-169 0 14544 18000 4 86th St N Main St -Garnett 0 9566 11967 2 86th St N Mingo -Main St 5584 5465 8530 2 86th St N US-169 - 123rd E Ave 0 15244 24470 5 86th St N Memorial -Mingo 0 4787 5102 2 86th St N 145th EAve - 161st E Ave 0 3965 0 2 86th St N 161st EAve - 177th E Ave 0 3426 0 2 96th St N Garnett - US-169 0 4530 0 2 96th St N Garnett - US-169 0 3340 5400 2 96th St N Mingo to Garnett 0 572 1204 2 96th St N 129th EAve - 145th E Ave 0 4725 6175 2 96th St N US-169 - 129th St N 0 2399 ~ ~ 4282 .- 2 ~. 96th St N 145th EAve - 161st E Ave 0 3583 0 2 96th St N 161st EAve - 177th E Ave 0 4651 0 2 y: Garnett Road 96th St N - 86th St N 0 3711 6907 2 Garnett Road 106th St N - 96th St N 0 5150 5524 2 Garnett Road 106th St N - 96th St N 0 5607 6345 2 I D,D~D ~,PD, CA~u-~ Garnett Road 126th St N - 116th St N 0 2721 0 2 Garnett Road 116th St N - 106th St N 0 4604 4767 2 Garnett Road 96th St N - 86th St N 0 3711 .0 2 Garnett Road 96th St N - 86th St N 0 6856 6308 2 Main St 86th St N - N 4th St 0 5028 6152 4 Main St N 4th St - 76th St N 0 4571 5533 4 Memorial Dr 96th St N - 86th St N 0 0 1305 2 Memorial Dr 86th St N - 76th St N 3207 2 Memorial Dr 116th St N - 106th St N 724 0 0 2 Mingo Road 96th St N - 86th St N 0 1613 2018 2 Mingo Road 76th St N - 66th St N 0 2920. 2915 2 Mingo Road 106th St N - 96th St N 0 1492 1204 2 Mingo Road 126th St N - 116th St N 0 1400 0 2 Mingo Road 116th St N - 106th St N 0 2284 1112 2 Oth®r Subdivision Business:. Amendment to Plat and Deed of Dedication of Winbury Place, PUD-538 establishing required side-yards. Staff Recommendation: Mr. Beach stated this plat was approved sometime ago with a condition that the plat was to show the side building setback lines. The setback lines were required to be 0' and 10' and shown on the plat and that was not accomplished before the plat was filed of record. Mr. Beach concluded that this Is an amendment to the plat. Mr. Stump stated that this was a PUD condition, since they would have variable side- yard setbacks from one lotto the next. This was necessary to be shown on the plats that every builder would know what his building envelope was. TMAPC Comments: Mr: Westervelt ~mmented-that this is a residential subdivision very similar to-the Mapl~ Ridge Village. He commented that PUD-538 ha$ a good size cul-de-sac and awell- done site plan. There were na interested parties wishing to speak. TMAPC Action: 10 members present:. ' On MOTION of MIDGB7 the TMAPC voted 10-0-0 (Bogie, Garne$, Gray, Warmon, Horner, Jackson, Midget, Pace, Selph, Westervelt "aye"; no "nays"; none °abstaining"; ~ Ledford "absent") to APPROVE the Amendment to Plat and Deed of Dedicatlan of Winbury PIaoE, PUD-538 as recommended by staff. ~Y~tk+k 1tt*yrww,k k Continued Zonin4 Public Hearin4 !Special Requests: CZ-243 -David Vines AC~i to Il_ Southeast comer East 116th Street North and North Minga {Pp-15) (GD~O) (97Th East Avenu®) _ Staff Recommendation: ~ Relatianshlp,to the pm~rehensive Plan: ~ The Owasso 1985-2000 Comprehensive Plan designates the southeast corner of'the intersection of E. 116th Street North and N. Mingo Road as High Intensity -Industrial,. According to the Zaning Matrix the requested IL zoning is in accordance with thef~lan Map. ~~ ~~ 06:17;98:? 16 (24) Staff Comments: Site Analysis: The subject property is approximately 23.55 acres in size and is located on the southeast corner of fast 116' Street North and North Mingo Road. It is gently sloping, partially wooded, vacant, end zoned AG in the County. Surrtaunding Area p-nalysis; The subject tract is abutted on the north by single-family dwellings, Q church and a water storage facility, zoned AGR; to the south and east is vacant land, zoned AG; and to the west bysingle-family dwellings. Zoning and BCA Historical Summary: The most recent zoning action in the County in this area was in 1985 when CS zoning was approved on a 9.29 acre tract located .25 miles east of the subject tract an the south side of East 116' Street North. Conclusion: Based on the Owasso Comprehensive Plan, stafF recommends AppaOVAL of IL zoning~for CZ~243. AppliCant'$ Presentation: Mr. David Vines, P.U. Sox 4913, Owasso, Oklahoma, stated that the idea far the subject property was to accommodate larger commercial activity. He explained that the proposed project is to rejuvenate the German Corner, which has been depressed for the past ten years. Mr. Vines stated that the proposal is to subdivide the subject property into five- to six- acre lots in order to bring some larger businesses into the area. He explained that he looked at Owasso's Comprehensive Plan and it was marked as heavy industrial and appeared to be a place for this type of activity. He stated that there is a railroad on the east side and it is mostly in a flood zone. Mr. Vines stated that apparently there are some concerns with residents in the area. He explained that the City Manager of c~wassa has informed him of the residents' concerns and he is willing to reduce the request to commercial general. Interested Parties: Bob and Kathy Bellemare, 9225 fast 116"' Street North, awasso, stated they five in the immediate area. Sob Bellemare explained #hat the reason he is protesting the project is because he specifically looked at the zoning in the area and it was zoned far residential and agricultural uses. He stated he purposely purchased his property to live in a residential/agriculture environment. He commented that he does not want to live next to commercialrndustrial-type areas. Mr. Bellemare staffed that the second issue is that the intersection of 97t" and 116tH Street North has a history of high accident rates. He explained that the traffic on 115th Street North is increasing and that brings up a safety concern with any kind of commercial or industrial establishment contributing to the traffic. He commented that 06:17:98:2163(25) ~~_i_?f-JI l~1HT~:r,Gt ~,6; r;~l 1.~0 c•~ - ~. any further development in the area would cause the need for enhancement of 116tH Street North, Mr. Bellemare stated that German Comer is one mile from the subject property and it is the nearest commercial type of development. He explained that German Comer has many vacated properties that are zoned for this type of development. TMAPC Comments: Mr. Horner asked Mr. Bellemare if when he purchased his property for a home sifie, the he relied upon the existing zoning to remain the same throughout the tenure of his domicile. In response, Mr. Bellemare stated that he researched the zoning in the immediate area and does not understand why there is zoning if you can not count on it to remain the same. Interested Parties: Carl Fritsahen, Comprehensive Planner far the City of Owasso, 207 South Cedar, Owasso, Oklahoma, 74055, stated that the community is currently undergoing a detailed land use evaluation as part of its process of updating the Comprehensive Plan Me explained that the last update wa$ in 1985. This preliminary analyses has revealed that this location is inappropriate far high intensity industrial use as indicated on the 1985 plan, Mr. Fritschen stated that the City of Owasso preferred the subject area to be light industrial because it would be less intrusive to the area residents, There would be smaller, less intense types of uses and would Hat generate the significant amounts of traffic generally associated with alarge-scale indusfirial facility. He commented that the entire area is in an economically distressed.condition and it is his responsibility to look out far the entire community. He stated that if this area were to develop it would improve the economy for the entire community of Owasso. Mr. Fritschen stated that the City of Owasso is supportive of the concept to reduce the subject property to CG zoning, if the Planning Commission should grant this request. ^ TMAPC Comments: Ms, pace asked Mr. Fritschen if AG/R is similar to residential, which would be large ' tract, single-family housing. He answered affirmatively, Mr, Stump commented that the AG/R area is one-acre lots for residential use. Ms, Pace asked Mr. Fritschen 1f the other three corners of the subject intersection are stable residential. Mr. Fritschen stated it is stable except for the property at the southwest corner of the intersection, He explained that he could see that the southwest +r corner changing to commercial sometime in the future. He reminded the Planning Commission that 116t~' Street North has been identified by the Tulsa Metropolitan ' Transportation Plan as a primary arterial connecting the east/wesfi portion of the community. ^ r•~ 06:17:98:21630.6) Ms, Pane asked Mr, Fritsehen if it seems wise to zone the entire tract under one zoning category rather than filing a PuD with some lesser intense zoning. In response, Mr. Fritschen stated that with CG zoning he could be flexible with the type of uses that are ~Ilgwed. Interested Parties: Lynn Thomas, ~ 1635 North 97`" East Avenue, stated he lives outside of the 300' radius. He explained that the sign an the corner is what prompted him to come to the hearing. Mr. Thomas stated he is opposed to industrial zoning, He explained that he has lived in the area for over 20 years. He stated that there is a housing addition being built across the street, which will have five- and ten-acre plots. Hs commented that the homeowners would not have built if they knew that industrial was being proposed in the immediate area, He stated he is apposed to light commercial; however, it would be better than industrial. Mr. Thomas stated that the intersection of 97`h and 116t" needs a traffic light because the proposal will increase th®traffc. He commented that the traffic needs to be slowed down and not increased. He stated that the area is getting to the point to where he is na longer in the country. Mr. Thomas acknowledged that Qwasso is growing and needs to grow. He stated he feels that he is losing, the family atmosphere in the subject area. TMAPG Comments: . Mr. Boyle asked Mr. Thomas if he is opposed to the CG zoning that was suggested. In response, Mr. Thomas stated he is opposed to both zoning proposals; however, the CG zoning is better than industrial, Applicant's Rebuttal: Mr. Vines.statad that the Comprehensive Flan has been on file since 1985 and indicates heavy industrial. He commented that people who have purchased property in the area thinking it would remain AG must not have lacked at the Comprehensive Plan. Mr. Vines stated he is a major business owner in the German Corner area and President of the German Corner Merchants Association. He indicated that he has no intent to denigrate this area, He stated that the prapQSal is not to place large factories with smoke stacks an the subject area. He commented that everyone will be very happy with the proposal once they see the development, TMAPC Comments: Mr. Midget asked Mr. Vines if the subject site had ever been considered for residential use. Mr. Vines stated he would never look at this subject property as residential use. He explained that the subject property had been for sale for a Fong time. He 06:17:98:2163(27) j • ~ JQ._Jf•~I ~^~~=~ : t~l_t cIF~ ; =~l_1 1._!t_J commented that the problem is that no one wants to build residences next to a railroad track. Mr. Midget stated that there are residents northeast of the railroad tracks. In response, Mr. Vines stated he would not develop the subject property far residences next to the railroad tracks and a good a portion of the area is in a flood zone. He explained that the subject property would have to have a great deal of improvements in order to build residential homes. Mr. Westervelt asked the Owasso staff how long they anticipated it would be before they have the updated Comprehensive Plan for the subject area. In response, Mr. Fritschen stated it wauid be approximately nine months. He indicated that normally the updates for the Comprehensive Plan take approximately two years. Mr. Westervelt stated he had hoped that the update to the Comprehensive Plan would be available earlier than is nine months. He explained that he knows the subject area well and it is predominately residential.:.. . Mr. Fritschen stated that he is receiving many calls from companies and businesses that would like to locate in Owasso and there is no place to put them. He explained the the companies and businesses would be .smaller-type industries or commercial developments. He indicated that sometime in the near future 116th Street North will be a four-lane street. He stated that 116th Street North will be the ®astlwest commuter corridor between Highway 75 and 1,1.5. 169'. Mr. Stump stated that this application would have to be re-advertised and send out notices sent if the Planning Commission wants to consider any commercial zones for ^+ this tract. He explained that the subject prapertyr is not properly advertised for commercial zoning. ' Ms. Gray stated she couldn't supporfi IL zoning because if this were in the City of Tulsa the Planning Commission would call this spot zoning. Mr. Midget stated he would not support IL zoning and certainly at this point would not support a blanket CG zoning, because the zoning goes with the land. There are two types of uses under the CG zoning that he would not be compatible with the surrounding residential, which are automotive-related uses as well as adult entertainment. ' Mr. Sel h stated that he supports Ms. Gray's comments, and with ail duo respect to th p ~ staff in Owasso, this is not appropriate far IL zoning. The only part that is appropriate far commercial is possibly the northwest corner of the subject lot. Mr. Boyle stated he would be more in favor of the commercial, given the future of 116th Street North. He commented that the applicant will have to apply far that type of zonirhg "" and make a case far the zoning. '~ 1 9'd 06:17:98:2163(I~B) Ms, Race stated that if the subject property is recommended for commercial use, it should come in as a PUD because this is a sensitive area. Mr. Westervelt stated that current Industrial land prices are identical to the land that is zoned residential in this area. He commented from an economic standpoint the applicant probably would not see much increased profits. The subject area does look like it has been very successful from a residential standpoint. TMIAt~C ACtla • 10 members r sent: Gn MdTION of GARNES the TMAPC voted 10.4.4 (Boyle, Camas, Gray, Harmon, Homer, Jackson, Midget, Pace, Selph, Westervelt "aye"; no "nays"; none "abstaining"; Ledford "absent") to recommend DENtAL of the IL zoning for CZ-243. Legal Rescriptian far GZ-243: Part of Lot 1, Section 7, `f'-21-N, R-14-E, and part of the NEl4, NW/4 Section 7, T-21-N, R-14-E, more particularly described as follows: beginning at the northwest corner of said Lot 1, thence E 1,624.21 `; thence Southwest 789.01' along the right-af-way; thence W 9,41$.77'; thence N 761.92' to the Point of Beginning, less 1.05 acres for railroad and 21.7 acres for road. *w***x+~:«*~ C~-~44 - St®phen Gr~V South and east of southeast corner East 10951 Street and South Garnett (Applicant has withdrawn this case} CZ-244 was stricken from the Agenda. Other Business: RE to ACS PUi'~-567 - Jars Clayton 7350 South Garnett (Detail Site Plan for an Apartment complex in Development Area D) (PD-1 $) (CD-$) Staff Ftecammendation: The applicant is requesting Detail Site Plan approval for 232 units of multifamily housing on 10.13 acres within Development Area D. The site plan depicts 13 two- and three- story buildings, a leasing office and clubhouse and parking surface and under-building parking areas. Staff has reviewed the site plan and finds it conforms to bulk and area, height, setback, parking, access, screening, bufFering and total landscaped area standards for 06:17:98:2163(29) ~i ~ , d `?Ci _!Fd I l lHbS : 6~~ 85 : ^~~ 1.~0 • Balloons ~oaT B`~~~~d ~1- ~tnii~ " pound rdet~s i`r V .. ,. 7 BRONCO UE & SILVER, 130K MILES ',450 l SUPER CAB COKE DIESEL, ~,12K MILES 7,450 2500 CLUB CAB ESEL 5-SPD. IER, 33K 1950 3 PICKUPS!! (CHEVROLETS ~ `97s DOSE FROM 3FADY TO GO! ~0~~ :SWc~I,/ n map snowing the proposed rezoning accompanies this notice. For morn Information on the proposed rezoning, confect the Owasso Community Development Department, Clty Hell, 207 South Cedar, Owasso, Oklahoma 74055, or phone (916) 272-2251. Dated at Owasso. Oklahoma, this 17th day of September, 1998 Tharnn Wadidr City Planner PUBLIC NOTICE PUBLIC NOTICE TOTAL ASSETS S 2,484,072.db $ 590,263.05 LIABILITIES ANO RESERVES: Warrants Outstanding O ~ /~ 16.0 56,4fi6.dr Reserve for Interest on Warrants 0. 0.00 Reserves From Sctredule 8 0.00 62,710.13 TOTAL UABILRIES AND RESERYES S 1,354,816.40 S 139,176.54 CASH FUND BALANCE (Dagcil) JUNE 30, 1998 S 1,129,254.00 S 451,088.51 ESTIMATED NEEDS FOR FISCAL Y'~~EAR ENDING JUNi GENERAL FUND GENERAL FUND Current Expense .................................................5 22.845.922.20 Reserve for Int. on Warrants 6 Revaluation ............... 0.00 Total Rsqulred ............................................5 22.845.922.20 FlNANCED: ' Cash Fund 881arrce ..............................................S 1.129.251.00 Estimated Miscellaneous Revenue .......................... 16,555,101.39 TotslDeduction= ........................................5 17.684,355.39 Balance to Raise from Ad Valorem Tax .....................S 5,161,566,81 ESTIMATED MISCELLANEOUS REVENUE: 1000 District Sources of Revenue' ..........................5 127,140.00 2100 County 4 Mill Ad Vabrem Tax ........................ 566,551.24 2200 County Apportionment (Mortgage Tax) ............. 151,379.92 2300 Resale of Property Fund Disiributbn ............... 0.00 2900 Other Intermediate Sources of Revenue .......... 0.00 3110 Gross Production Tax ................................... 2,124.86 3120 Molar Vehicle Collections .............................. 1,526,966.65 3130 Rursl Electric Cooperative Tax ....................... 25,371.59 3140 State School Land Earnings .......................... 340,790.27 3150 Vehicle Tax Stamps ..................................... 13.008.34 3160 Fartn Implement Tax Stamps ......................... 0.00 3170 Trailers and Mobile Homes ............................ 0.00 3190 Other Dedicated Revenue .................:........... 0.00 3200 State Aid -General Operations .................... 12,360,256.00 3300 State Aid -Competitive Grants ..................... 100,000.00 3100 Stele -Categorical .................................... 238,474.00 3500 Special Progrems ........................................ 0.00 3600 Other Stale Sources o1 Revenue .................... 385,873.20 3700 Child Nutrition Programs ............................... 0.00 3800 Stale Vocational Programs ............................ 48,584.00 4100 CepitalOutlay ............................................. 0.00 4200 Disadvantaged Studerlls ............................... 231,220.00 4300 Individuals With Disabilities ........................... 311,582.32 4100 Minority ..................................................... 0.00 4500 Operations ................................................. 18,102.00 4600 CMter Federal Sources of Revenue ................. 85,715.00 4700 Chad NulrNion Programs ............................... 0.00 4800 Federal Vocational Education ........................ 21':962.00 5000 Non-Revenue Receipts ................................ 0.00 Published In the Owasso RepoAer, Owasso, Tulsa County, Okahoma. September 17, 1998. NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ-98-13 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, In the Owasso Community Center, Owasso, Oklahoma, at 7~0 P.M. on the 13th day o1 October, 1998. At that time end place, consideration will be given to the proposed change o1 the zoning classification of the following described property: PART OF GOVERNMENT LOT ONE (1) (NW/4 NW/4) AND PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (NFJ4 NW/4) OF SECTION SEVEN (7), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN,.TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERN- MENT LOT 1; THENCE SOUTH 89DEGREES30'08' EAST ALONG THE NORTH LINE OF SECTION 7, 1634.21 FEET; THENCE SOUTH iSDEGREES52'09' WEST ALONG THE AT. 6 S.F. RIGHT-OF-WAY, 789.01 f-EET; THENCE NORTH 89DEGREES32'48' WEST 1418.77 FEET; THENCE NORTH ODEGREESOI'25' EAST ALONG THE WEST LINE OF SECTION 7, 761.92 FEET TO THE POINT OF THE BEGINNING. Tire general location of the property Is southeast corner of East 116th Street North end North 97th East Avenue (Mingo Road). Tb ba considered is a rezoning of said 23.55 acres from AG (Agd- ctAtural Disidct)) to CG (General Commerdal District). All persons inieresled in this matter may be present at the hearing and present their oblections to or arguments for any or all of the above matters. In the event that the Owasso Planning Commission approves such proposed rezoning, in whole or in part, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration end action, as provided by law. Tfre City Council's review of the recommendation o1 the Planning Conr- rfission on the proposed rezoning shall be at a meeting time end place to ba datarminad by the Council, said inlornation to be available from the Owasso Community Development Director. A rnap sf,owinq the proposed rezoning accompanies this notice. For morn inlormatien nn the proposed rezoning, contact the Owasso Community Development Department, City Hall, 207 SOUth Cedar, OwasSO, Oklahoma 74055, or phone (918) 272-2251 . Haled al O~++assn. Oklahoma, this 17th day of September, 1998. Theron Wanc~k City Planner Total Estimated Revenue ............................5 16.555,101.39 SIF(KING FUND BALANCE 1. Cash Balance on Hand Jr 2. Legal Imreslments Proper 3. Judgments Paid To Recd 4. Total Liquid Assess OeHud Matured Indebtedness 5. a. Past•Due[;oupons.... 6. b. Interest Accrued There 7.' o. Past~Due Bonds........ 8. d. Inleresl Thereon After 1 9.! e. Fiscal Agency Commis 10. 1. Judgments and Int. Lev 11. Total Items a. Tfxa 12. Balance d Assets Subjec Dek1uG Accrual Reserve H Ass 13.1, g, Eemed Unmatured Mte 1 L h. Accrual on Fhal Coupe 15. I. Accrued on Unmalured 16.~i Total Items g. Throu 17. Excess of Assets Over Ao .INKING FUND REQUIREI 1.1 Interest Eamings on Bond 2. Accrual on Unmatured Bo 3. Mnual Accrual on'Prepa 4. Mnual Accrual on Unpek 5 Inleresl rxr Unpaid Judgm 6 Credit to Sch. Dist. No. 7, Credit to Sdr. Dist. No. B~ Mnual Accual From 6Ari Total Sinking Fund F Excess d Assets Over Lie Surplus Building Fund Cos Contributions From Other race To Raise ey Tax Levy " K Line 12 fs less than Line 16 after omitting "h" deduct the tollowi~tg each in turn from Line 4, "Total Lfquld Assets" _ 13d. J. Umnatured Coupons Due Before 4-1-99 ........................................I .............................................. j ..................................... 140. k Unmatured Bonds So Due ............ -........... 15d. t. Whatever Remains is for Exhibit KK Line E ......................... t6d. Defick es Shown on Sinking Fund Balance Sheet ............................ 17d Less Cash Requirements for Current Fiscal Year in Excess of Cash on 18d. Remaining Detich h far Erdtibd KK lire F ...................................... BUILDING FUND BUILDING FUND CtxreM Expense .................................................5 1.188.453.20 Reserve for Int. on Warants & Revaluation ............... ~ 0.00 Total Required ...........................................5 1,188,a53.20 FlNANCED: Cash Fund Balance ..............................................$ .451.086.51 E5lmaled Miscellaneous Revenue .......................... 0.00 TolalDedudions .......................................5 451,086.51 Balance to Raise Irom Ad Valorem Tax ................. $ 737,366.69 red (From Line 15d Above). -OP FUND rrenl Expense ................. aserve la Int. on Warrants 8 Total Required.......... NANCED: rsh Fund Balance ............. dimated Miscellaneous Rave Total Deductions....... slemce ............................ CHILD NUTRITION PROGRAMS FUND Current Expense ........................................................................................... Reserve for int. on Warrants 3 Revaluatbn ......................................................... ToUI Required .................................................................................................................. RNANCED: Cash Fund Balance .................................................................................................................... Estimated Miscellaneous Revenue ................................................................................................ Total Dadudions ............................................................................................................ Balance .........................................__........ _ _ _ - __ __ _ CE;RTIFICA"i'i', - GO~'i?i2NING i;OARn STATE OF OKLAHOMA. COUNT Y OF TUI .SA, ss We, the undersigned duly elected, qualified and acting officers of the Rnard n( Education n said County and State. do hereby ccnifv that at a meeting of the (iovc ing Rody n(lhe said Oi (or districts of this class and pursuant to the provisions of hR O. S. i 91191 Sec. T(H12, the forrFo and rnn-ert rnnAirL,n n! d.~ 1:7., ,..,.:..i n rr_.__ _~ _ , .. ~ _ - - ..nt~r City of Owasso 207 South Cedar a~°"~~"§ PO Box 180 ~' "~,• Owasso, OK 74055 ~~., `r .j '~ ~. NOTICE TO PROPERTY OWNER OZ-98-13 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 13th day of October, 1998. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: PART OF GOVERNMENT LOT ONE (1) (NW/4 NW/4) AND PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (NE/4 NW/4) OF SECTION SEVEN (7), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, MORE PARTICULARY DESCRIBED AS FOLLOWS TO-WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 1; THENCE SOUTH 89DEGREES30'08" EAST ALOAtG THE NORTH LINE OF SECTION 7, 1634.21 FEET; THENCE SOUTH 15DEGREES52' 09" WEST ALONG THE A.T. & S.F. RIGHT OF WAY, 789.01 FEET; THENCE NORTH 89DEGREES32'48" WEST 1418.77 FEET; THENCE NORTH ODEGREESOl'25" EAST ALONG THE WEST LINE SECTION 7, 761.92 FEET TO THE POINT OF THE BEGINNING. The general location of the property is southeast corner- of E 116' St. N and N 97`~ E Ave. (Mingo Rd.) To be considered is a rezoning of said 23.55 acres 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. (918) 272-2251 FAX (918) 272-4999 A map showing the subject area is attached for your review. Additional information regarding this request may be 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 15~' day of September, 1998. Sincerely, /A /~i'~~ vV Theron Warlick City Planner MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RONALD D GATES CITY ATTORNEY SUBJECT: REQUEST TO RENEW JUVENILE JURISDICTION AGREEMENT BETWEEN THE CITY OF OWASSO AND OKLAHOMA DISTRICT COURT SERVING TULSA COUNTY DATE: October 26, 1998 BACKGROUND: On February 16, 1993, the City Council first authorized the Owasso Municipal Court to ent~r into an agreement with the Tulsa County District Court for the purpose of allowing tlhe Municipal Court to assume jurisdiction over certain juvenile misdemeanor offenses. Those offenses covered in the agreement included vandalism, shoplifting, trespassing, assault, assault and battery, battery, truancy, disorderly conduct, and public intoxication. Subsequent renew is of the agreement on August 16, 1994, July 11, 1995, September 3, 1996, and August 19, 1997, have added curfew violations, possession of low-point beer, and possession of alcoholic beverages. The purpose of the arrangement is to encourage local communities to provide so e form of "early intervention" in an effort to prevent young offenders from re-entering the justi e system again and again. Since initiating the agreement, the Owasso court system has processed a total of 797 juven~le offenders. In conversations with the Police Chief, City Prosecutor, Municipal Judge, and Co rt Clerk, it is apparent that all of the involved parties agree that the program is worthwhile a~d should be continued. i Even though the Council has approved and renewed this agreement, the Attorney General has ruled that these types of interlocal agreements must be renewed each year. The propos~d renewal agreement contains added language allowing the City to assume jurisdiction of children charged with violating any municipal ordinance. This change becomes effective November 1, 1998. It also adds language which does not allow City jurisdiction over juveniles being charged with a violation involving a firearm. This renewal extends the agreement to June 30, 1999. ' I have reviewed the agreement, which is attached. ^ REQUEST TO RENEW JUVENILE JUSTICE AGREEMENT OCTOBER 26, 1997 PAGE 2 RECOMMENDATION: The staff recommends Council approval of the renewal of the Agreement for Municipal Court Jurisdiction of Juveniles, and that the Mayor and Judge be authorized to execute such document. ATTAC~IlVIENTS: 1. Correspondence from Judge Hilsabeck 2. Renewal Agreement C:\WPDATA\CITYCNCL\MEMOS\ 1998\981103.JUV ^ MEMORANDUM TO: FROM: SUBJECT: DATE: ii n i~ RODNALD D GATES CITY ATTORNEY HONORABLE MICHAEL HII.SABECK MUNICIPAL COURT JUDGE RENEWAL AGREEMENT FOR MUNICIPAL COURTJURISDICTION OF JUVENILES October 22, 1998 Since the juvenile program was approved by the City Council and initiated in 1993, it has provi to be a successful program. We have had 797 juveniles successfully complete a combination ~ community service, counseling, and restitution, along with various safety reports, and pay tl minimal court cost. It would appear that this agreement is helping the City of Owasso and tl State of Oklahoma reach the goal of curbing the number of repeat offenders, thus reducing >~ number of juveniles that would be transferred to the Juvenile Bureau District court. Based a our experience, I would recommend that the City Council approve the renewal agreement a~ authorize the Judge and Mayor to execute the document. C:\WPDATA\CITYCNCL\MEMOS\ 1998\981103. HIL n INTERLOCAL COOPERATION AGREEMENT FOR MUNICIPAL COURT JURISDICTION CONCERNING JUVENILES This agreement is made by and between the District Court of Tulsa County, otherwise known as Judicial District 14 and the City of Owasso. Under authority of Title 10, §7303-1.2 E of the Oklahoma Statutes, municipalities are authorized to assume jurisdiction of certain specified juvenile misdemeanor offenders, pursuant to interlocal agreements with the District Courts. The express purpose of this agreement is to enable the City to establish, develop, and , implement various prevention or early intervention programs for local juvenile misdemeanor , offenders. By implementing such a program, the resources available to the District Court can be focused more efficiently on more serious juvenile offenders, including felony offenders and ^ juveniles with significant histories of repeat offenses. ' L TERM/TERNIIl~TATION This Agreement shall be effective after July 1, 1998, upon approval of both parties and the Oklahoma Attorney General's Office. The Agreement shall be effective until terminated as , provided herein, contingent upon the availability of sufficient funds each fiscal year. ' Either party may request a modification of the Agreement by making a written request identifying the desired amendments, or the subject matter thereof, at least forty-five (45) days ' in advance of the negotiations concerning such amendment. Either party may terminate the Agreement by providing written notice to the other party forty-five (45) days prior to the date of termination. II OBLIGATTONS OF THE CITY The City shall assume jurisdiction of offenders who meet the following criteria: a. Are under eighteen (18) years of age; b. Are not presently under the supervision or treatment of the Tulsa County District Court system and do not have charges pending there; c. Have been charged for violating municipal ordinances relating to trespassing, public intoxication, vandalism, shoplifting, assault, battery, assault and battery, truancy, curfew, possession of low-point beer, possession of alcoholic beverages, disorderly conduct, failure to appear for a court appearance or comply with a court order, or any other municipal ordinance as agreed by the District Court, District Attorney and the City; effective November 1, 1998, the City may assume jurisdiction of children charged with violating any municipal ordinance; d. Have not been certified as an adult for any purpose pursuant to Title 10, §7303- 4.3 of the Oklahoma Statues; e. Are not being charged with a violation involving a firearm. 2. Upon conviction or upon admission to a deferred sentence program, punishment and conditions of probation imposed may include any one or all of the following: ' c. d. ~ 3 A fine not to exceed the statutory maximum of the Municipal Court; Community service work, not to exceed ninety (90) hours, in lieu of or in additio to a fine if the product of multiplying the number of hours of community service work by the prevailing minimum wage, plus any fine imposed does not result in a number which exceeds the maximum fine authorized by law; Restitution; counseling, or other community-based services; and Court costs. a. b. If a child fails to complete community service ordered by the municipal court, a parent guardian of the child who knew or should have known that the child failed to complete community service may be fined an amount that is equal to the number of community service hours that are uncompleted by the child multiplied by the hourly minimum wage amount. 2 4. In addition, during any calendar year that any child: a. fails to appear for a court date on more than one occasion; b. is convicted of two or more municipal offenses, which offenses occurred on different days; or v c. fails to pay any fine or cost properly assessed by the municipal court, and after the expiration of ninety (90) days, the court clerk shall mail notice of such occurrence to the Department of Public Safety, which department shall thereafter suspend or deny driving privileges for such child for six (6) months. This suspension may be modified as provided in Title 47, §6-107.2 of the Oklahoma Statutes. Any fines and costs properly assessed against any child and which remain unpaid after three (3) months may be assessed by the municipal judge against the child's parent, parents, legal guardian or legal custodian and collected and paid as provided for in °" Title 11, Articles XXVII and XXVIII of the Oklahoma Statutes. Provided, however, prior to such latter assessment the court clerk shall give such child's parent, parents, ,~ legal guardian or legal custodian notice by certified mail to their place of residence or personal service of such action proposed to be taken. 6. The City shall keep all municipal arrest records, prosecution records, court records and court proceedings for cases involving prosecutions under this contract confidential and shall not open them for public inspection except by order of the Municipal Court or in ~~ conformity with the statutes or regulations adopted pursuant to Title 10, §620.6, and 7005-1.1 through 1.8 of the Oklahoma Statutes. Municipal conviction records involving ~ children convicted of violating municipal ordinances shall be open to public inspection. '" 7. If a municipal citation is written to a juvenile who meets the above criteria, the Munici Court hearing date shall be indicated on the citation and notification of the citation(s) be mailed to the parents, guardian, or responsible adult relative of the juvenile. If the juvenile is arrested and meets the criteria set forth under the contract, under circumsta~ where the citation and release procedure would not be appropriate (e.g., intoxication), the City shall make reasonable efforts to locate the parent, guardian, or responsible adult to take custody of the juvenile or may temporarily detain the juvenile pursuant Title 10, §7303-1.2(E)(2), (3) and (4} of the Oklahoma Statutes. 8. It is expressly understood that prosecution in Municipal Court will constitute a bar of le 'eo and a ainst an subse uent rosecution in District Court for the same offen doub ~ p y g y q p ' 9. All fines and administrative fees generated as a result of prosecution of juveniles under ~ this contract shall be placed in one or more special accounts, and used solely to fund: a. Local programs which address problems of juvenile crime, including without ~ limitation, offender counseling, early intervention, community service and teen court programs; b. The costs of prosecution; c. The costs of detention; and, ~ d. Administrative costs related to local programs that address problems of juvenile crime or related to the prosecution, detention, or punishment authorized by statute. 10. The City shall provide the District Court with a copy of the most recent audit report of Its ^ I ~ Municipal Court operations for each year during the life of this contract or any thereof. It is understood, however, that this Agreement does not impose any additional record keeping requirements on the municipal government or its officials. 11. Representatives of the District Court and the City shall meet periodically to share 4 information and to review and evaluate the success of procedures implemented to prosecute and treat juvenile offenders. III. STATUS OF VARIOUS EMPLOYEES/JOINT PROPERTY No joint employment is created by this agreement for any purpose and each party will be solely responsible for the payment of their respective expenses, including, but not limited to, wages, salaries, and consideration paid on subcontracts. No joint property shall be acquired. IV. NOTICE In the event parties need to discuss specific problems, or in the event any notice required under this contract needs to be served, the City maybe contacted through the The District Court maybe contacted through the Office of the Chief Juvenile Judge, 315 South Gilcrease Museum Road, Tulsa, Oklahoma, 74127, (918) 596-5971. Dated this day of , 1998. CHIEF JUDGE JUVENILE DIVISION 14TH JUDICIAL DISTRICT 5 i~ APPROVED AS TO FORM AND CONTENT: APPROVED BY OWASSO CITY COUNCIL: MA OR MUNICII'AL JUDGE a. p- ATTEST: ii (seal) CITY CLERK APPROVED AS TO FORM AND CONTENT: CITY ATTORNEY APPROVED by the Attorney General of the State of Oklahoma this day of 1998. DREW EDMONDSON, ATTORNEY GENERAI 6 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: M.A. ALEXANDER CHIEF OF POLICE SUBJECT: REQUEST TO PURCHASE POLICE UNIFORMS DATE: October 30, 1998 BACKGROUND: In the Spring of this year, members of the Owasso Police Department began a process improvement on uniforms worn by police officers. A team of police officers was assembled to ~ review the current uniform and to consider alternative uniform options. Issues which were considered included comfort, cost, durability and public image. The team spent a great deal of time researching what other municipal police departments utilize, obtaining officer input and gauging community response before recommending a utility uniform, which was presented to ~ the City Council earlier this month. In August of this year during the carryover budget consideration, the City Council approvjed $8700 from the previous year's budget to fund this project. The current operating budget for the Police Department contains funding for the purchase of two utility uniforms, hats, patches ~ and nylon gear for all officers. Quotes will be sought from numerous vendors to obtain the lowest and best price for etch uniform item. It is possible that one vendor will be able to provide the lowest and best quote for ~ each item, which will then require City Council approval. If numerous vendors are used and the cost associated with each vendor is less than $5000 each, the items will go through the ' normal purchase process. ' RECOMMENDATION: The staff recommends City Council authorization for the purchase of two police utility uniforms and nylon equipment gear for all police officers, the total cost of such purchase not to exceed $8700. ATTACHMENTS: Carryover Budget Memorandum Dated August 4, 1998 ~ MEMORANDUM TO: J. JEFF HANCOCK CITY MANAGER FROM: M.A.ALEXANDER CHIEF OF POLICE SUBJECT: CONSIDERATION FOR A CARRYOVER BUDGET DATE: August 4, 1998 BACKGROUND: The following request is for consideration of a carry-over budget from the three (3) division budgets under the control of the Owasso Police Department. The requests are as follows: A. In the Police budget, the 100 series will return a little over $10,694.41, (even though $7,290 was used from the 100 series to supplement vehicle maintenance). The 200/300/400 series will report $10,813.32, unspent. I am requesting special permission to use these funds for the Police Department as a carry-over budget. If approved, these funds will be used to purchase new utility uniforms for all commissioned officers. The department has been exploring the implementation of a utility uniform and the cost of outfitting all officers with this uniform (absent nylon gear) will be approximately $8,700. The remaining funds will be placed in the Uniform Cleaning line item (51-310-5336) to supplement the increased cost of anew cleaning vendor, as approved by City Council in July. B. In the D1Spatch budget, a total of $14,865.70 was not used in FY 1997-1998. The 200/300/400 series returned $1,616.05. I am requesting consideration of $1,600 to be applied in the communications training line item (51-311-5380). Specifically, emergency medical dispatch training to be provided to all communications officers (to include emergency medical Spanish). This training is expensive at $250 per dispatcher (lodging not included). As the 911 calls increase to our communications center, the dispatchers have to be able to provide emergency medical guidance to 911 callers. Since January of 1998, four (4) calls to the 911 center have demanded extensive medical guidance by telephone until the arrival of the ambulance. This is a critical area of concern. ^I ^' i Carry-Over Budget Request July 30, 1998 Page 2 C Lastly, the Animal Control budget returned a total of $13,049.21. In the 200/ 300/ 400 series, $433.26 remains, unspent. I am requesting consideration far $400 to be provided in a carry-over budget to be applied in the Professional and Technical Services line item (51-320-5310). Since June, four (4) animal abusle cases have required extensive medical Gaze and/or performance of an autopsy, so that criminal chazges may be filed. The use of these carryover funds in this line item will help to supplement this line item which is already 80 % expended. ~ RECOMMENDATION: Staff recommends Council approval on a carryover budget for the Police department in the amount of $10,800.00, the Dispatch division, $1,600.00 and the Animal Control Divisio , ~ $400.00, to be used toward purchase of the items listed above. ATTACHMENTS: i~ II n II i~ 1. 1997-1998 Budget printout 2. Uniform Memorandum 3. Invoices from Animal Control Budget i~ MEMORANDUM TO: FROM: SUBJECT: DATE: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO JEFF HANCOCK CITY MANAGER TAX INCREMENT FINANCING POLICY October 29, 1998 t BACKGROUND: ' On September 10, 1998, the Owasso Economic Development Authority approved the folio motion on Tax Increment Financing: "To approve the concept of TIF and to encourage the of Owasso officials to set up a Policy Committee in conjunction with Vision Owasso. " Previous to this resolution, staff worked with members of the Economic Development Committee of Vision Owasso to explore the various uses of tax increment financing to finance infrastructure improvements in targeted areas of development. The committee, headed by Mr David Vines, requested Mr Frederick Emmer, City of Tulsa Urban Development Department, to provide an overview on the manner in which Tulsa and other Oklahoma communities have used this local initiative to attract business investment and jobs to targeted areas of the city. An Executive Summary produced by Mr Emmer is attached. This innovative financing tool could help attract additional capital investment and jobs. This twol could also serve to provide adequate financing to support the development of water, wastewater, drainage, and roadway infrastructure to targeted areas of growth and development throughout the city. Staff is reviewing potential projects throughout the city that are presently inadequately served by water, wastewater, drainage, and roadway infrastructure, and that might be possible TIF projects. The following represents a proposed plan of action for considering Tax Increment Financing within the City of Owasso: • At this City Council meeting, the City Council would indicate their willingness to further consider the development of appropriate Tax Increment Financing Policy by authorizing ~he creation of a TIF Policy Review Committee; ~' ~r TAX INCREMENT FINANCING POLICY NOVEMBER 3, 1998 PAGE 2 • At a later City Council meeting, the Mayor, with approval of the City Council, would appoint members to a TIF Policy Review Committee, who would be responsible for making recommendations to the City Council on a proposed TIF policy; • The makeup of the TIF Policy Review Committee would be at the discretion of the Mayor and City Council, and might include representatives from the City Administration, City Planning Commission, Tulsa County, Owasso Public Schools, Tulsa City-County Library System, Tulsa Technology Center, Vision Owasso, and/or community members-at-large; • The TIF Policy Review Committee could seek guidance from the City's Community Development, Public Works, Finance and Economic Development Departments; • The Policy Review Committee would study TIF and then submit a proposed TIF Policy to the Owasso City Council for review and possible approval; • Upon approval of the TIF Policy by the Owasso City Council, the Owasso TIF Policy document would guide future potential TIF projects. (Attached is a TIF Policy from the City of Sand Springs.) RECOMMENDATION: Staff recommends that the City Council indicate their willingness to consider the development of an appropriate Tax Increment Financing Policy and authorize the creation of a TIF Policy Review Committee. Members of the committee would be appointed by the Mayor and confirmed by the City Council. Makeup and members of the committee will be determined by the Mayor and City Council at a later date. ' ATTACIEIlVIENTS: ' 1. Mr Emmer's Executive Summary ' 2. Sand Springs TIF Policy ~ '- TAX INCREMEIIT FIIIANCING Tax Increment Financing (TIF) is an innovative technique of financing and encouraging .economic development projects. Simply defined, TIF is a method of funding public investments in an ~.rea of redevelopment by capturing, for a time, all or a portion of the increased tax revenue that may result if the redevelopment ~ stimulates private investment. Although property tax is the traditional source of funding TIF, other taxes and fees such as sale's taxes and utility fees are used. TIF has its roots in redevelopment, or "urban renewal" originat ing ' in the Federal Housing Act of 1949. It was first used in California in 1952 under the name "tax allocation financing". It gained popularity throughout the 1970's and early 1980's due to early success in California and a decline in federal resources for public development purposes. With the current "no new ta~es" ~ movement, TIF is a viable alternative to raising existing taxes or ' imposing new ones in order to continue urban development progra ms. ~ TIF is a bootstrap method of redevelopment, or redevelopment-fr om- within. Tax increment financing allows municipalities to design ate special districts in which public improvements are made withi ur ose of att ti i the ~, p p rac ng pr vate sector development. The amount of property taxes distributed to each taxing entity is held const ant . . _,. at the level present in the "base year"-the year the plan is adopted. It is important to note that the tax base is not "froz en" ~ because this would produce a zero increment. P_s public improvem ents are made, private investment for development is attracted to' the area. As private investment occurs, property values incre ase. Although property taxes continue to be paid on the full valu e of '~ the property, taxing entities only receive taxes based on the " base year assessed value". Any increase in property values will re sult in a "current assessed value" of the property, The differ~~ ence ~ between the current assessed value and the base year assessed value ~ M is the "captured assessed value" retained by the district. Taxes derived from the captured assessed value go to a special fund to pay for the public improvements. Public .improvements may be financed on a pay-as-you-go basis or by borrowing (short term debt or bonds). The district lasts for a defined period of time. At the end of this time period, the taxing entities receive the full benefit of the higher property values (i.e. they receive taxes based on the full value of the property). Below is a simple diagrammatic representation of the TIF cycle. Public redevelopment expenditures stimulate private investment, which produces an increased tax base, which allows the increment to be diverted to a redevelopment trust fund to pay for the public improvements. Private 1 Redevelopment Projects Public Redevelopment Expenditures Trust Fund Revenue Increased Tax Base 1 The theory of TIF has sever• al principles that support_.its=~`use: 1. Private redevelopment would not occur, without the ` stimulative actions of TIF. 2. The tax base in the redevelopment district was stagnant or declining and the tax base increase would not have occurred but for the public expenditures. 3. The taxing entities that turn over their increment for a number of years will eventually receive the revenues of a larger tax base. (These increased revenues would not have occurred but for the actions of TIF.) ^ i i i i i i i i Some of the advantages of TIF include: - Tax increment financing is not a direct tax on the in or property of the public. - It is a flexible tool. - It is more controllable that federal and state fu programs. - Specific areas for redevelopment can be targete d, allocating funds for a complete project rather th an underfunding several different projects. ~i - private reinvestment and rehabilitation is often spurted in areas adjacent to the TIF district. ' on for tax increment financing in Oklahoma The enabla.ng leg~.slati ) is the Local Development Act, Title 62 Sections 850 through 869 and was passed in July, 1992. This legislation provides the mechan ism for implementing and executing Section 6C of Article X of ~he Oklahoma Constitution which states that cities, towns, or count ',ies may provide incentives and other forms of relief from taxation ,for historic preservation, reinvestment, or enterprise areas that are exhibiting economic stagnation or decline. The legislation provides specific criteria that must be used in determining if an area is eligible and appropriate as a 'TIF district. Key elements include that the tools in this act arm: - Used in those areas where investment, development and economic growth is difficult, but would occur if ',the provision of the Act were made available; not w here investment, development and economic growth would o ccur anyway - Supplements, not supplants, normal public functions and services - Works in conjunction with existing programs anc~~ eff orts such as the Oklahoma Main Street Program, Okla homa Enterprise Zone Act, Historic Preservation and o ther locally implemented economic development efforts. A tax increment or incentive district is formed upon the adop ition of an ordinance by the governing body. A project plan, prepare d by a private, developer or other interested party, is submitted to a Review Committee. The committee is comprised of a represent~ .tive of the governing body who serves as chairperson; a representa tive of the planning commission having jurisdiction over the proposed district; a representative from each ta>:ing jurisdiction withi $~ the proposed district, and three members-at-large. This committee makes a recommendation to the City Council to approve, conditionally approve, or reject the plan. Prior to the adoption I~ of a plan by the Council, two public hearings must be held. The plan must be quite detailed and must include the following: - A description of the district boundaries; - A list of the proposed public improvements; A - An estimate of the cost of the improvements; - A description of the financing methods; - Two maps, one showing present land conditions and uses and another showing proposed changes; - Proposed changes in zoning, the City's master plan, and ordinances necessary to effect the plan; - The name of the person in charge of the district, and the agency which will carry out the plan. TIF districts may run for up to twenty-five years. Public improvements may be financed on a pay-as-you-go basis or by issuing bonds. These bonds are not a general obligation of the City- and are not counted as part of the City's debt. Any local tax or fee may be used, including property taxes, the local portion of the sales tax, building permit fees, water connection fees, and sewer fees.. When the district is dissolved, all taxes and fees will be paid .into the funds of the affected taxing entities. Financial reports are submitted to the chief executive officer of each taxing entity at the end of each fiscal year. Incentives districts only run for five years, six if the district is in an Enterprise Zone. Taxes may be exempt only on the new investment made. Each taxing entity must enter into an agreement with the City Council in order to grant the tax incentive for that portion of the tax under their jurisdiction. Financial reports are submitted to the chief executive officer of each taxing entity at the end of~ each fiscal year. ^ SAND SPRINGS PLANNING COMMISSIQN ~ AND '~ g SAND ,SPRINGS REGIONAL PLANNING COMII~ISSION MEMO DATE: Tuesday, August 25, 1998 T0: Staff' Directors FROM: Diane Fernandez, Dir. Planning and Development,~1, RE: Tax Increment Financing Policy Attached is Policy CC-97-P-O1 concerning Tax Increment Fina~ce Districts for the City of Sand Springs as adopted by City Coun~il on April 14, 1997. Per the City Manager's directive, I am supplying this policy for your information. If you, or any members of the public, have questions about t~is process, please call me. ~ CC-97-P-01 1 Policy For Tax Increment Finance Districts There are certain areas where Tax Increment Finance Districts could be developed in the City of Sand Springs. Tax Increment Finance Districts (TIFs) involve a financing technique that allows a qualifying development or a redevelopment assistance with the cost of the development. The incremental tax revenue generated by the increased value of the property is used to pay ~ for improvements for a defined district. r: The City of Sand Springs has determined that the following standards must be met if a TIF distict can be developed: 1. The district must be a reinvestment area, historic pres- ervation district area, or an enterprise area (state or federal). 2. The district must improve and enhance the value of ~, real property in the area and promote the general public interest. 3. The district must adhere to the requirement that the aggregate net assessed value of all TIF or exemption. districts must not exceed 35% of the total assessed value in the City. 4. The district must adhere to the requirement that the ~„ aggregate net assessed value of all TIF or exemption districts must not exceed 25% of the total assessed value in the school district. , ~ Page 2 TIF Policy ~ 5. The district must adhere to the requirement that the aggregate land area of all TIF or exemption - - districts must not exceed 25 % of the total land area ,~ of the City. 6. The district must be developed i.n accordance with the City of Sand Springs Area Comprehensive Plan ' and must be in accordance with the City Zoning Code and related ordinances. ' 7. The district must receive a recommendation from the City Finance Committee as to the Citys' ability at a t given time for bonding orpay-as-you-go financing, and as to its capability to extend itself into the future. '~ Additionally, the Committee will include among its evaluation criteria: A. The investment of private funds of the applicant in the project. Projects which include 25% or more of applicants' private funds as applicants' investment ' in the project will be favored. ' B. Feasibility and marketing studies which demonstrate the potential for success of ~ a particular project. C. Applications for projects using TIF ' assistance solely for public infrastruc- ture will be favored. ii i~ ~ ~ ^ Page 3 TIF Policy D. The total amount of TIF assistance for project costs which do not exceed 15% of the total project costs will be favored. E. Projects that do not propose to utilize sales taxes, or propose to utilize limited sales tax, will be favored. F. Proposals ti~hich do not use the 25 year maximum time period for repayment will be favored. G. Evidence and assurances that the applicant has the financial ability to complete and operate the project. H. Evidence that alternative financing methods have been thoroughly explored. 9. The district plan must demonstrate the need for the public improvements to be funded for future economic g~- 10. The district plan must demonstrate that private redevelopment tiTould not occur tirithout the public improvements proposed, and that development ti~ould be difficult. 11. The dishict cannot be created v~There economic growth could otherv~~ise occur. ii Page 4 - TIF Policy 12. A district cannot create unfair competitive advantage. 13. The district must be supported by a plan document as required by lave, and provided by the developer. ii 14. A report of the proposed improvements, supported by study and prelinunary enguzeering designs including cost estimates, must be provided by the developer. Approved by the Sand Springs City Council on the 14th day April, 1997. . & ~~i=cLC..e~ E. Bruce Ford Mayor Attest: ~% ~ ~ 0~ ~~:~~~ Mary ~ue Overbey City Clerk i~