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HomeMy WebLinkAbout2008.07.15_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: DATE: TIME: PLACE: Regular July 15, 2008 6:30 p.m. Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Friday, July 11, 2008. ;- ~ \ Jul nn M. Stevens, Deputy rty C erk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Rev. David Perdue, Holy Cross Episcopal Church 3. Flag Salute 4. Roll Call S-\Agendas\Council\?008\0715 doc Owasso City Council July 15, 2008 Page 2 5. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non-debatable. A. Approval of Minutes of the July 1, 2008 Regular Meeting and July 8, 2008 Special Meeting; and, the corrected minutes of the June 24, 2008 Special Meeting. Attachment # 5-A B. Approval of Claims. Attachment # 5-B C. Acknowledgement of receiving the monthly FY 2007-2008 budget status report. Attachment # 5-C D. Acknowledgement of receiving Agreements for Urban Engineering Services from Grafton, Tull, Sparks, and Associates; Khoury Engineering Incorporated; and Kimley-Horn and Associates, Incorporated; and, authorization for the Mayor to execute each agreement. Attachment # 5-D 6. Consideration and appropriate action relating to a request for Council confirmation of the Mayor's appointments to various Boards and Commissions. Mayor Cataudella Attachment # 6 The Mayor will recommend Council confirmation of citizen appointments to various City Boards and Commissions. 7. Consideration and appropriate action relating to a request for Council approval of the FY 2008-2009 employment contract between the City of Owasso and the International Association of Firefighters (IAFF) Local #2789 and authorization for the Mayor to execute the contract. Ms. Dempster Attachment # 7 Staff will recommend Council approve the FY 2008-2009 employment contract between the City of Owasso and the International Association of Firefighters (IAFF) Local #2789 and authorization for the Mayor to execute the contract. Owasso City Council July 15, 2008 Page 3 8. Consideration and appropriate action relating to a request for Council to award an engineering services agreement for the N.140t" East Avenue Roadway Improvement Project and authorization for the City Manager to execute such agreement. Mr. Dearing Attachment # 8 Staff will recommend Council award an Engineering Services Agreement to Grafton, Tull, Sparks of Tulsa, Oklahoma for the N. 140t" East Avenue Roadway Improvement Project in the total amount of $162,500 and authorization for the City Manager to execute the agreement. 9. Consideration and appropriate action relating to a request for Council authorization to purchase asphalt for the FY 2007-2008 CIP Street Rehabilitation Program. Mr. Rooney Attachment # 9 Staff will recommend Council authorization to purchase asphalt needed to complete the FY 2007-2008 CIP Street Rehabilitation Project utilizing the Oklahoma State Bid from Tulsa Asphalt Company of Tulsa, Oklahoma in the amount of $209,979. 10. Consideration and appropriate action relating to a request for Council approval of a final plat for Lake Ridge Shopping Center, proposing one commercial lot on 0.65 acres, located on E. 86t" Street North, approximately '/4 mile west of N. 129t" East Avenue. Ms. Darnaby Attachment # 10 Staff will recommend Council approval of the Lake Ridge Shopping Center Final Plat. 11. Consideration and appropriate action relating to a request for Council approval of annexation request OA 08-02, consisting of approximately 3 acres and currently recognized as 708, 709, 710, and 711 North Carlsbad. Ms. Darnaby Attachment # 11 Staff will recommend Council approval of annexation request OA 08-02. Owasso City Council July 15, 2008 Page 4 12. Consideration and appropriate action relating to a request for City Council adoption of Ordinance No. 926, an Ordinance amending Part 10, Offenses and Crimes, Chapter 6, Offenses Against Public Authority, of the Code of Ordinances of the City of Owasso, Oklahoma, by creating Section 10-614: Police access to hotel and motel registration records. Ms. Lombardi Attachment # 12 Staff recommends Council adoption of Ordinance No. 926. 13. Consideration and appropriate action relating to a request for City Council adoption of Ordinance No. 927, an Ordinance amending Part 9, Licensing and Business Regulations, Chapter 1, Occupational Licenses, of the Code of Ordinances of the City of Owasso, Oklahoma, by creating Section 9-114: License for the sale and serving of alcohol and 3.2 beer. Ms. Lombardi Attachment # 13 Staff recommends Council adoption of Ordinance No. 927. 14. Consideration and appropriate action relating to a request for City Council approval of Resolution No. 2008-05, a resolution designating the "Strong Neighborhoods Initiative" as an economic development and cultural enhancement program to receive funding derived from the increased revenue generated from the proposed increase in the Hotel Tax rate. Mr. Ray Attachment # 14 Staff recommends Council approval of Resolution No. 2008-05. 15. Report from City Manager. 16. Report from City Attorney. Owasso City Council July 15, 2008 Page 5 17. Report from City Councilors. 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 19. Adjournment. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July 1, 2008 The Owasso City Council met in regular session on Tuesday, July 1, 2008 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, June 27, 2008. ITEM I . CALL TO ORDER Mayor Cataudella called the meeting to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Pastor Darin Hamm, New Heights Church. ITEM 3. FLAG SALUTE The flag salute was led by Vice Mayor Gall. ITEM 4. ROLL CALL PRESENT Steve Cataudella, Mayor D.J. Gall, Vice Mayor Doug Bonebrake, Councilor Wayne Guevara, Councilor ABSENT Jon Sinex, Councilor A quorum was declared present. STAFF Sherry Bishop, Assistant City Manager Julie Lombardi, City Attorney ITEM 5. PRESENTATION OF THE CHARACTER TRAIT OF THE MONTH Mr. Keith Wilkes, a member of the Owasso Character Council, presented to the Council "Decisiveness," the character trait of the month for July, 2008. Owasso City Council July 1, 2008 ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the June 17, 2008 Regular Meeting and June 24, 2008 Special Meeting. B. Approval of Claims. C. Acceptance of the Villas at Preston Lakes sanitary sewer system improvements to include approximately 753 linear feet of eight-inch PVC and all appurtenances. D. Adoption of Ordinance No. 923, an ordinance approving a Planned Unit Development (PUD) for property located on the east side of North 145th East Avenue and '/z mile north of East 106th Street North. The approval changes the zoning from an AG (Agriculture) Zoning District to OPUD 08-01 Single Family Residential Zoning District E. Adoption of Ordinance No. 924, an ordinance approving a Planned Unit Development (PUD) for property located on the east side of Garnett Road along the west side of the Owasso Expressway, south of what is recognized as Smith Farm Marketplace. The approval changes the zoning from AG (Agriculture) and CG (Commercial General) Zoning District to OPUD 08-02 Commercial Shopping Zoning District. Mr. Bonebrake moved, seconded by Mr. Guevara, to approve the Consent Agenda with claims totaling $336,097.91. Also included for review were the healthcare self-insurance claims report and payroll payment report for pay period 6/21/08. YEA: Bonebrake, Cataudella, Gall, Guevara NAY: None Motion carried 4-0. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CHANGE ORDER AND AUTHORIZATION FOR FINAL PAYMENT RELATED TO THE CONSTRUCTION OF FIRE STATION NO. 3 Chief Clark presented the item and recommended Council approval of Change Order No. 1 for a reduction to the original contract in the amount of $55,869.03 and a revised contract total of $1,641,130.97 and authorization for final payment in the amount of $1,916.00 to Crossland Construction of Tulsa, Oklahoma. 2 Owasso City Council July 1, 2008 Mr. Guevara moved, seconded by Mr. Bonebrake, for Council approval of Change Order No. 1 and authorization for final payment, as recommended. YEA: Bonebrake, Cataudella, Gall, Guevara NAY: None Motion carried 4-0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF ORDINANCE NO. 922, AN ORDINANCE AMENDING PART 13, PUBLIC SAFETY, CHAPTER 1, FIRE PREVENTION, SECTION 13-101 OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO BY ADOPTING THE INTERNATIONAL FIRE PREVENTION CODE Chief Clark presented the item and recommended Council adoption of Ordinance No. 922, an ordinance adopting the International Fire Prevention Code. Mr. Gall moved, seconded by Mr. Bonebrake, for Council adoption of Ordinance No. 922, as recommended. YEA: Bonebrake, Cataudella, Gall, Guevara NAY: None Motion carried 4-0. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF RESOLUTION NO. 2008-05, A RESOLUTION DESIGNATING THE "STRONG NEIGHBORHOODS INITIATIVE" AS AN ECONOMIC DEVELOPMENT AND CULTURAL ENHANCEMENT PROGRAM TO RECEIVE FUNDING DERIVED FROM THE INCREASED REVENUE GENERATED FROM THE PROPOSED INCREASE IN THE HOTEL TAX RATE Mayor Cataudella announced that this item would be tabled until the next Council meeting. ITEM 10. REPORT FROM CITY MANAGER Ms. Bishop reported that tickets to Owasso Community Night at Drillers stadium are still available. 3 Owasso City Council ITEM 11. REPORT FROM CITY ATTORNEY No report ITEM 12. REPORT FROM CITY COUNCILORS No report ITEM 13. NEW BUSINESS None ITEM 14. ADJOURNMENT Mr. Bonebrake moved, seconded by Mr. Guevara, to adjourn. YEA: Bonebrake, Cataudella, Gall, Guevara NAY: None Motion carried 4-0 and the meeting was adjourned at 6:45 p.m. July 1, 2008 Stephen Cataudella, Mayor Pat Fry, Minute Clerk 4 OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, July 8, 2008 The Owasso City Council met in a special meeting on Tuesday, July 8, 2008 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Thursday, July 3, 2008. ITEM 1: CALL TO ORDER. Mayor Cataudella called the meeting to order at 6:06 PM. PRESENT ABSENT Steve Cataudella, Mayor Wayne Guevara, Councilor DJ Gall, Vice Mayor Doug Bonebrake, Councilor John Sinex, Councilor A quorum was declared present. ITEM 2 PRESENTATION PROVIDED BY THE ASSISTANT CITY MANAGER FOR ADMINISTRATIVE SERVICES FOR THE PURPOSE OF REVIEWING VARIOUS CITY POLICIES, PROCEDURES, AND FUNDS. Ms. Bishop reviewed the subscription fees relating to the Ambulance Service Fund, the Ambulance Capital Fund, and the Fire Capital Fund ITEM 3 DISCUSSION RELATING TO COMMUNITY DEVELOPMENT DEPARTMENT ITEMS A. REQUEST FOR ANNEXATION B. REQUESTS FOR FINAL PLAT Mr. Rooney reviewed the above items. It was explained that the annexation request (north end of Carlsbad Street) and the final plat (Lakeridge Shopping Center) were both unanimously approved by the Planning Commission at their regularly scheduled meeting on July 7, 2008. Both items will be forwarded to the City Council for action at the July 15, 2008 regular meeting. ITEM 4 DISCUSSION RELATING TO PUBLIC WORKS DEPARTMENT ITEMS A. PROPOSED ENGINEERING AGREEMENT FOR THE CONSTRUCTION OF THE TULSA TECHNLOGY CENTER ROADWAY IMPROVEMENTS. Owasso City Council July 8, 2008 Mr. Rooney reviewed the above item. It was explained that the staff would be placing the proposed Engineering Agreement on the July 15, 2008 meeting agenda. The recommended engineering firm - Grafton Tull and Sparks - is also performing design services for the Tulsa Technology Center and thus coordination efforts would be less burdensome. ITEM 5 DISCUSSION RELATING TO CITY MANAGER ITEMS A. IAFF CONTRACT FOR FY 2008-09 B. PROPOSED ORDINANCE RELATING TO HOTEL RECORDS ACCESS C. PROPOSED ORDINANCE RELATING TO ALCOHOL SALES PERMIT D. PROPOSED ANNEXATION REQUEST FOR STONE CANYON E. PROPOSED RESOLUTION RELATING TO "STRONG NEIGHBORHOODS INITIATIVE" F. APPOINTMENTS TO VARIOUS CITY BOARDS AND COMMISSIONS G. CITY MANAGER'S REPORT Mr. Ray reviewed the above items. The IAFF contract was reviewed, as were the ordinances relating to hotel record access and alcohol sales. These three items will be forwarded to the City Council for action, as well as the resolution for "Strong Neighborhoods Initiative" at the July 15, 2008 regular meeting. The Stone Canyon annexation and appointments to various boards and commissions were also discussed. ITEM 6 REPORT FROM CITY ATTORNEY Ms. Lombardi had no report. ITEM 7 REPORT FROM CITY COUNCILORS Councilor Gall had several questions relating to Country Estates VI detention which were answered by Mr. Wiles. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REOUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY MANAGER, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307 (B)(1). Councilor Bonebrake motioned, seconded by Councilor Sinex to enter into Executive Session. All were in favor and the Council entered into Executive Session at 9:15 PM. The Council returned from Executive Session at 9:55 PM. 2 Owasso City Council July 8, 2008 ITEM 9: ADJOURNMENT Councilor Gall motioned, seconded by Councilor Bonebrake to adjourn. All were in favor and the meeting was adjourned at 9:55 PM. Mayor 3 OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, June 24, 2008 The Owasso City Council met in a special meeting on Tuesday, June 24, 2008 in the Owasso City Hall Lower Level Conference Room at 111 North Main, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 7:00 pm on Thursday, June 19, 2008. ITEM 1: CALL TO ORDER. Mayor Cataudella called the meeting to order at 6:02 PM. PRESENT Steve Cataudella, Mayor Doug Bonebrake, Councilor Wayne Guevara, Councilor Jon Sinex, Councilor A quorum was declared present. ABSENT DJ Gall, Vice Mayor ITEM 2: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF RESOLUTION NO. 2008-04, A RESOLUTION CALLING FOR AN ELECTION TO DETERMINE WHETHER OR NOT THE VOTERS OF THE CITY OF OWASSO WILL APPROVE ORDINANCE NO. 925, INCREASING THE HOTEL/MOTEL TAX RATE FROM 3% TO 5% Mr. Ray presented the item and recommended Council adoption of Resolution No. 2008-04, calling for an election to determine whether or not the voters of the City of Owasso will approve Ordinance No. 925, said election to take place on August 26, 2008. Mr. Guevara moved, seconded by Mr. Sinex, for Council adoption of Resolution No. 2008-04, as recommended. YEA: Bonebrake, Cataudella, Guevara, Sinex NAY: None Motion carried 4-0. Owasso City Council ITEM 3. ADJOURNMENT Mr. Bonebrake moved, seconded by Mr. Guevara, to adjourn. YEA: Bonebrake, Cataudella, Guevara, Sinex NAY: None Motion carried 4-0 and the meeting was adjourned at 7:05 p.m. June 24, 2008 Stephen Cataudella, Mayor Sherry Bishop, Minute Clerk 2 Claims List 07/15/08 Budget Unit Title Vendor Name Payable Description Payment Amount GENERAL AEP/PSO STREET LIGHTS 13.71 TREASURER PETTY CASH CC REFUND 50.00 TOTAL GENERAL 63.71 MUNICIPAL COURT TREASURER PETTY CASH MEETING EXPENSE 31.75 TREASURER PETTY CASH MEETING EXPENSE 25.00 FRANK W AMBRUS BAILIFF SERVICES 350.00 JPMORGAN CHASE BANK REPLACEMENT CREDIT CARDS 61.28 TOTAL MUNICIPAL COURT 468.03 MANAGERIAL OKLAHOMA MUNICIPAL LEAGUE REGISTRATION FEE - COUNCI 85.00 JPMORGAN CHASE BANK MEETING EXPENSE 118.26 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 129.10 JPMORGAN CHASE BANK TARGET-OFFICE SUPPLIES 18.96 JPMORGAN CHASE BANK MEETING EXPENSE 71.19 JPMORGAN CHASE BANK HOBBY LOBBY-SUPPLIES 2.69 JPMORGAN CHASE BANK MEETING EXPENSE 26.92 JPMORGAN CHASE BANK ICMA-INTERNET DUES 776.00 TREASURER PETTY CASH NOTARY APPLICATION 20.00 CITY GARAGE SERVICES-OVERHEAD 83.33 OFFICE DEPOT INC OFFICE SUPPLIES 6.34 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 9.88 JPMORGAN CHASE BANK KUM & GO-FUEL 40.09 JPMORGAN CHASE BANK MEETING EXPENSE 45.33 JPMORGAN CHASE BANK MEETING EXPENSE 41.16 JPMORGAN CHASE BANK MEETING EXPENSE 20.77 JPMORGAN CHASE BANK PIKEPASS-RECYCLING 31.50 JPMORGAN CHASE BANK MEETING EXPENSE 23.66 JPMORGAN CHASE BANK MEETING EXPENSE 9.19 JPMORGAN CHASE BANK MEETING EXPENSE 8.55 TOTAL MANAGERIAL 1,567.92 FINANCE JPMORGAN CHASE BANK ADVERTISERS ASSOC-VIDEO 7.00 JPMORGAN CHASE BANK AICPA-MEMBERSHIP 200.00 JPMORGAN CHASE BANK AICPA-MEMBERSHIP 145.00 L & M OFFICE FURNITURE, INC OFFICE FURN -FINANCE DIR 990.12 KNOLL INC OFFICE FURN -ASST FIN DI 94.86 TOTAL FINANCE 1,436.98 HUMAN RESOURCES INTEGRITY FOCUS CHARLES R COKER CHARACTER TRAINING 492.00 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS 344.35 JPMORGAN CHASE BANK LISPS-POSTAGE 14.60 JPMORGAN CHASE BANK SRMC-DRUG SCREENING 55.00 TULSA WORLD CLASSIFIED ADS 1,116.64 Page 1 Claims List 07/15/08 Budget Unit Title Vendor Name Payable Description Payment Amounl HUMAN RESOURCES... COMMUNITY PUBLISHERS INC CLASSIFIED ADS 116.35 GREENWOOD PERFORMANCE SYSTEMS INC CITY MANAGER ASSESSMENT 1,200.00 COMMUNITYCARE HMO, INC EMPLOYEE ASSISTANCE PROGR 660.00 JPMORGAN CHASE BANK REASORS-CHARACTER INIT 25.43 TOTAL HUMAN RESOURCES 4,024.37 GENERAL GOVERNMENT AT&T AT&T CONSOLIDATED BILL 643.12 OFFICE DEPOT INC OFFICE SUPPLIES 159.70 OFFICE DEPOT INC OFFICE SUPPLIES 78.20 JPMORGAN CHASE BANK LAWN AMERICA-PERT. SERV 131.85 TULSA COUNTY CLERK FILING FEES 77.00 BRONZE-DEPOT.COM, INC PUBLIC ART -TIMMY & CIND 3,745.00 JPMORGAN CHASE BANK D & SONS-CH LAWN CARE 560.00 JPMORGAN CHASE BANK ALLEGIANCE-SUBSCRIPTION 1,500.00 AMERICAN WASTE CONTROL INC FRONT LOAD SERVICE 145.45 XEROX CORPORATION COPIER SERVICE 621.78 CINTAS CORPORATION CARPET/MAT CLEANING 25.90 COMMUNITY PUBLISHERS INC PUBLICATION OF LEGAL NOTI 113.40 COMMUNITY PUBLISHERS INC PUBLICATION OF LEGAL NOTI 232.40 COMMUNITY PUBLISHERS INC PUBLICATION OF LEGAL NOTI 98.00 SAV-ON PRINTING & SIGNS LLC 10,000 LETTERHEAD ENVELOP 620.00 HEARTLAND CONSULTING, INC JULY CONSULTING FEES 10,500.00 C-R GALLERY L L C OFFICE DECOR CITY HALL LO 1,550.00 IKON OFFICE SOLUTIONS, INC COPIER SERVICES/SUPPLIES 610.36 TOTAL GENERAL GOVERNMENT 21,412.16 GF -GEN -CDBG-07 INDIAN NATIONS COUNCIL OF GOVERNMEN ADMINISTRATIVE SERVICES - 583.36 TOTAL GF -GEN -CDBG-07 583.36 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK CREDIT CARD SWIPING DEVIC 132.88 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 29.97 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 638.04 JOHNNY-WAYNE MCKNIGHT NUISANCE ABATEMENT MOWING 300.00 JPMORGAN CHASE BANK RELIANCE-ZONING BOOKS 218.80 CITY GARAGE VEHICLE MAINT-PARTS 625.61 CITY GARAGE SERVICES-OVERHEAD 166.66 TOTAL COMMUNITY DEVELOPMENT 2,111.96 ENGINEERING CITY GARAGE SERVICES-OVERHEAD 166.66 CITY GARAGE VEHICLE MAINT-PARTS 38.41 JPMORGAN CHASE BANK DRY CLEANING ST-UNIFORMS 4.20 JPMORGAN CHASE BANK DRY CLEANING ST-UNIFORMS 12.60, JPMORGAN CHASE BANK DRY CLEANING ST-UNIFORMS 5.60j JPMORGAN CHASE BANK DRY CLEANING ST-UNIFORMS 9.80~~ Page 2 Claims List 07/15/08 Budget Unit Title Vendor Name Payable Description Payment Amount ENGINEERING... FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 728.83 TOTAL ENGINEERING 966.10 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK TAPE BACKUP SOFTWARE 1,199.65 JPMORGAN CHASE BANK SQL SERVER SOFTWARE FOR N 577.00 JPMORGAN CHASE BANK REPLACEMENT PRINTER FOR I 398.99 JPMORGAN CHASE BANK WALMART-FLOOR MATS 18.93 JPMORGAN CHASE BANK SURVEYMONKEY-SURVEY SERV 300.00 CITY GARAGE SERVICES-OVERHEAD 66.66 SUNGARD PUBLIC SECTOR INC. FIXED ASSET FILE CONVERSI 3,600.00 JPMORGAN CHASE BANK DELL-REPLACEMENT COMPUTER 1,335.35 TOTAL INFORMATION TECHNOLOGY 7,496.58 SUPPORT SERVICES CITY GARAGE SERVICES-OVERHEAD 233.33 CITY GARAGE VEHICLE MAINT-PARTS 736.64 OFFICE DEPOT INC OFFICE SUPPLIES 35.12 OKLAHOMA DEPT OF CORRECTIONS TULSA DOC WORKER PROGRAM -MAY 182.95 AT&T AT&T CONSOLIDATED BILL 134.96 IKON OFFICE SOLUTIONS, INC RICOH COPIER QTRLY MAINT 209.76 PRO-FENCE REPLACE GATE KEYPAD CITY 341.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 369.77 JPMORGAN CHASE BANK RADIOSHACK-SPK REPAIR 7.98 JPMORGAN CHASE BANK LOWES-OC ICE MACH FILTER 29.73 JPMORGAN CHASE BANK DOC LUNCHES 55.92 JPMORGAN CHASE BANK LOWES-LIGHTS FOR OC 5.98 JPMORGAN CHASE BANK LOWES-MULCH 24.50 JPMORGAN CHASE BANK LOWES-MULCH 24.50 JPMORGAN CHASE BANK LOWES-DUST MASK 3.27 LIGHTING, INC LIGHTS FOR CITY HALL 101.40 FALCON AUDIO VIDEO, INC CP880-885 BULB 431.00 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 414.98 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 673.71 A PLUS SERVICE INC REPLACE AIR CONDENSING UN 2,136.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 20.04 MURRAY WOMBLE INC PARTS FOR BROKEN DOOR - C 156.00 JPMORGAN CHASE BANK LOWES-HARDWARE 28.65 JPMORGAN CHASE BANK LOWES-RETURN OF MERCHAND -28.65 SHERWOOD CONSTRUCTION CO, INC CONCRETE FOR STREET REPAI 258.00 TOTAL SUPPORT SERVICES 6,586.54 CEMETERY JPMORGAN CHASE BANK BAILEY EQUIP-NEW TIRE 63.96 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 116.74 JPMORGAN CHASE BANK WEC-CEMETARY 17.93 OWASSO TOP SOIL DIRT FOR CEMETERY 60.00 Page 3 Claims List 07/15/08 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL CEMETERY 258.63 POLICE SERVICES JPMORGAN CHASE BANK REPLACEMENT PRINTER FORD 267.60 JPMORGAN CHASE BANK UNIFORMS 3,107.77 JPMORGAN CHASE BANK SOT UNIFORMS 35.99 JPMORGAN CHASE BANK SOT UNIFORMS 2,380.91 JPMORGAN CHASE BANK SOT UNIFORMS 327.26 JPMORGAN CHASE BANK DELL-TONER 139.98 JPMORGAN CHASE BANK MEETING EXPENSE 55.53 OWASSO FITNESS ZONE, INC PHYSICAL FITNESS PROGRAM 90.00 ARAMARK UNIFORM & CAREER APPAREL UNIFORM EQUIPMENT 490.38 AT&T AT&T CONSOLIDATED BILL 482.40 CITY GARAGE VEHICLE MAINT-PARTS 3,896.61 CITY GARAGE SERVICES-OVERHEAD 4,583.33 JPMORGAN CHASE BANK DALLAS CHILD ADV-CONE 425.00 JPMORGAN CHASE BANK DELL-TICKET PRINTER PAPER 121.92 JPMORGAN CHASE BANK WALMART-SUPPLIES 18.55 JPMORGAN CHASE BANK MEETING EXPENSE 53.81 JPMORGAN CHASE BANK DIXON GROUP-CONFERENCE 199.00 JPMORGAN CHASE BANK DIXON GROUP-CONFERENCE 199.00 JPMORGAN CHASE BANK WALMART-SHOP TOWELS 16.63 ARAMARK UNIFORM & CAREER APPAREL UNIFORMS & EQUIPMENT 1,211.86 OKLAHOMA POLICE SUPPLY UNIFORM EQUIPMENT 6.95 JPMORGAN CHASE BANK CARDLOGOW-SHIRTS 108.00 JPMORGAN CHASE BANK DRY CLEANING ST-CLEANING 1,585.80 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 12,356.12 SYMBOL ARTS LLC METAL BADGES 82.50 LISA LONG TUITION REIMBURSEMENT 358.50 ARMOR HOLDINGS FORENSICS, INC DRUG TEST KITS 215.49 JPMORGAN CHASE BANK ALLIANCE MEDICAL-SUPPLIES 255.90 TREASURER PETTY CASH USB CABLES 65.07 TREASURER PETTY CASH NOTARY APPLICATIONS 50.00 TOTAL POLICE SERVICES 33,187.86 POLICE-HWY SAFETY GRANT GRAYBAR ELECTRIC CO, INC CABLE FOR WIRELESS ACCESS 255.81 TOTAL POLICE-HWY SAFETY GRANT08 255.81 POLICE COMMUNICATIONS WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 59.38 TOTAL POLICE COMMUNICATIONS 59.38 ANIMAL CONTROL WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 25.36 AT&T AT&T CONSOLIDATED BILL 41.61 CITY GARAGE VEHICLE MAINT-PARTS 12.72 CITY GARAGE SERVICES-OVERHEAD 166.66 Page 4 Claims List 07/15/08 Budget Unit Title Vendor Name Payable Description Payment Amounl ANIMAL CONTROL... COMMERCIAL BUILDING SERVICES,LLC BUILDING REPAIR PROJECT 295.00 JPMORGAN CHASE BANK CARTRIDGE WORLD-INK 13.00 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 35.00 HILL'S PET NUTRITION SALES, INC ANIMAL SHELTER SUPPLIES 52.50 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 35.00 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 291.28 TOTAL ANIMAL CONTROL 96$.13 FIRE SERVICES FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 3,068.16 RICK PARRIS REIMB FOR EYEGLASSES 239.78 BUMPER TO BUMPER AUTO PARTS CLEARANCE LAMP AND LIGHT 20.09 ASSOCIATED PARTS & SUPPLY, INC REPAIR OF A/C AT STATION 163.20 BMI SYSTEMS RENTAL OF COPY MACHINE 252.74 DONALD L TAYLOR KEYS MADE FOR STATION 1 28.00 AQUARIUS ENTERPRISES, INC RENTAL OF COOLER AND BOTT 30.10 JPMORGAN CHASE BANK MAIL THIS-POSTAGE 17.28 JPMORGAN CHASE BANK WALMART-SUPPLIES 9.70 JPMORGAN CHASE BANK HOME DEPOT-FANS ST #3 89.97 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 55.98 JPMORGAN CHASE BANK AUTOZONE-CLEANING SUPPLY 112.92 JPMORGAN CHASE BANK LOWES-SUPPLIES 45.75 JPMORGAN CHASE BANK WALMART-BATTERIES 17.48 JPMORGAN CHASE BANK PIKEPASS-RECYCLING 7.40 JPMORGAN CHASE BANK PIKEPASS-RECYCLING 14.60 JPMORGAN CHASE BANK LOWES-REFRIGERATOR REPAIR 6.06 JPMORGAN CHASE BANK LOWES-REFRIGERATOR REPAIR 4.54 CITY GARAGE SERVICES-OVERHEAD 1,166.66 JPMORGAN CHASE BANK ACADEMY-UNIFORM APPAREL 74.99 JPMORGAN CHASE BANK ACADEMY-UNIFORM APPAREL 99.99 HUSKY PORTABLE CONTAINMENT ALUMINUM TANK 798.00 JPMORGAN CHASE BANK ATWOODS-FENCE TOOLS 19.88 JPMORGAN CHASE BANK NAFE-UNIFORM SHIRT 70.00 JPMORGAN CHASE BANK LIBERTY FLAGS-FLAGS 925.05 JPMORGAN CHASE BANK LIBERTY FLAGS-FLAG ST #1 669.00 JPMORGAN CHASE BANK LOWES-SUPPLIES 19.47 JPMORGAN CHASE BANK LOWES-FUEL LINE 1.98 JPMORGAN CHASE BANK MEETING EXPENSE 61.95 JPMORGAN CHASE BANK OKLA POLICE SUPPLY-SHOES 37.95 CITY GARAGE VEHICLE MAINT-PARTS 43.77 AT&T AT&T CONSOLIDATED BILL 260.60 OWASSO FITNESS ZONE, INC USE OF GYM & EQUIPMENT 333.00 TOTAL FIRE SERVICES $,766.04 EMERGENCY PREPAREDNES AT&T AT&T CONSOLIDATED BILL 22.08 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 25.38 Page 5 Claims List 07/15/08 Budget Unit Title Vendor Name Payable Description Payment Amount EMERGENCY PREPAREDNES JPMORGAN CHASE BANK WALMART-COFFEE MAKER 16.88 VERDIGRIS VALLEY ELECTRIC COOPERATI STORM SIRENS 36.72 TOTAL RADIO INC STORM SIREN MAINT FEE 4,260.00 TOTAL EMERGENCY PREPAREDNESS 4,361.06 STREETS FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 2,043.45 UNIFIRST HOLDINGS LP UNIFORM/PROTECTIVE CLOTHI 46.66 MILL CREEK LUMBER & SUPPLY MATERIALS PURCHASED 41.96 JPMORGAN CHASE BANK ALLIED BEARINGS-BEARINGS 25.20 JPMORGAN CHASE BANK ATWOODS-SUPPLIES 178.00 AEP/PSO STREET LIGHTS 6,236.43 JPMORGAN CHASE BANK NSG-SAFETY VESTS 141.82 JPMORGAN CHASE BANK GOOGLE-CDL LICENSE TRAIN 366.75 AMERICAN ELECTRIC POWER ST LIGHTS-SILVER CREEK 513.00 AMERICAN ELECTRIC POWER ST LIGHTS-MAIN STREET 1,000.00 SHERWOOD CONSTRUCTION CO, INC CONCRETE FOR DRIVEWAY APP 470.00 SHERWOOD CONSTRUCTION CO, INC DRIVEWAY APPROACH @ 101 W 169.00 CITY GARAGE VEHICLE MAINT-PARTS 723.04 CITY GARAGE SERVICES-OVERHEAD 1,166.66 APAC, INC.-OKLAHOMA STANDARD INDUST ASPHALT FOR POTHOLES 57.22 MILL CREEK LUMBER & SUPPLY FORM BOARDS 57.07 GEORGE & GEORGE SAFETY & GLOVE SAFETY SUPPLIES &EQUIPME 64.60 UNIFIRST HOLDINGS LP EMPLOYEE UNIFORMS 45.26 TOTAL STREETS 13,346.12 STORMWATER UNIFIRST HOLDINGS LP EMPLOYEE UNIFORMS 40.72 QUALITY TIRE AND AUTO SERVICE TRACTOR TIRE REPAIR 25.00 GEORGE & GEORGE SAFETY & GLOVE SAFETY SUPPLIES &EQUIPME 64.56 BAILEY EQUIPMENT, INC TRIMMER REPAIR/TIRE MOUNT 97.16 CITY GARAGE SERVICES-OVERHEAD 1,166.66 CITY GARAGE VEHICLE MAINT-PARTS 3,727.43 JPMORGAN CHASE BANK TRAVEL EXPENSE 282.50 JPMORGAN CHASE BANK TRAVEL EXPENSE 553.50 JPMORGAN CHASE BANK GRAINGER-FLOOR SWEEP 26.86 JPMORGAN CHASE BANK ATWOODS-SUPPLIES 3.82 JPMORGAN CHASE BANK LOWES-SUPPLIES 49.64 JPMORGAN CHASE BANK NSG-SAFETY VESTS 379.08 JPMORGAN CHASE BANK LOWES-CR FOR TAX -3.90 UNIFIRST HOLDINGS LP UNIFORM/PROTECTIVE CLOTHI 40.72 SCOTT SHADBOLT TUITION REIMBURSEMENT 744.75 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 2,183.26 JPMORGAN CHASE BANK ATWOODS-FENCE PARTS 23.32 JPMORGAN CHASE BANK ATWOODS-GRASS SEED 17.99 Page 6 Claims List 07/15/08 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL STORMWATER 9,423.07 PARKS FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 1,150.81 JPMORGAN CHASE BANK LOWES-AIR COMPRESSOR 149.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 181.50 EMPIRE PLUMBING SUPPLY INC RESTROOM PARTS 91.90 TAOWA MU-MIN PARK MOWINGS 844.00 BRYAN K. BLOUNT A.R. BLOUNT LAWN SE SKATE PARK MOWING 450.00 LELAND BARTEL MOWING MCCARTY PARK 429.00 WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE-MCCARTY PAR 14.10 CITY GARAGE VEHICLE MAINT-PARTS 1,040.94 CITY GARAGE SERVICES-OVERHEAD 250.00 AT&T AT&T CONSOLIDATED BILL 173.07 TOTAL PARKS 4,774.32 COMMUNITY CENTER CITY GARAGE SERVICES-OVERHEAD 33.33 CITY GARAGE VEHICLE MAINT-PARTS 20.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 23.84 AT&T AT&T CONSOLIDATED BILL 123.68 A N Z SIGNS & SHIRTS, INC REPAIR SIGN 91.20 JPMORGAN CHASE BANK WORLEYS-FLOWERS FOR CENTE 1,120.95 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 261.04 TOTAL COMMUNITY CENTER 1,674.04 HISTORICAL MUSEUM TREASURER PETTY CASH MILEAGE 48.38 CARR CONSTRUCTION, INC REPAIRS TO MUSEUM BLDG 605.00 OFFICE DEPOT INC OFFICE SUPPLIES 107.92 AT&T AT&T CONSOLIDATED BILL 72.07 JPMORGAN CHASE BANK AP OK MUSEUMS-DUES 35.00 TOTAL HISTORICAL MUSEUM 86$.37 ECONOMIC DEV JPMORGAN CHASE BANK BUILD ASIGN-SIGNS 588.20 JPMORGAN CHASE BANK MEETING EXPENSE 74.03 OFFICE DEPOT INC OFFICE SUPPLIES 3.41 CITY GARAGE SERVICES-OVERHEAD 83.33 TREASURER PETTY CASH MEETING EXPENSE 9.50 JPMORGAN CHASE BANK TARGET-NOTEBOOK 4.33 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 56.00 JPMORGAN CHASE BANK MEETING EXPENSE 14.30 JPMORGAN CHASE BANK CONWAY DATA-SUBSCRIPTION 95.00 JPMORGAN CHASE BANK MEETING EXPENSE 41.12 JPMORGAN CHASE BANK WSJ-SUBSCRIPTION 99.00 Page 7 Claims List 07/15/08 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL ECONOMIC DEV 1,068.22 FUND GRAND TOTAL 125,728.7 AMBULANCE SERVICE AUDREY DELANEY AMBULANCE REFUND 18.74 LEONARD PRESTIA AMBULANCE REFUND 50.00 PREFERRED COMMUNITY CHOICE AMB REF-JOSEPH FORHAN 412.80 TED LARKIN AMBULANCE REFUND 94.21 UHC/AMR AMB-MART TURLEY 566.50 CENTRAL STATES AMB-BRITTANY JOHNSON 552.60 COMMUNITYCARE HMO, INC AMB-RIKKI DIXON 300.65 OHCA-FINANCE AMB-GERALDINE HILL 62.64 OHCA-FINANCE AMB-NORA STANLEY 89.38 MEDICARE REFUNDS AMB-JOYCE HENDRIX 347.52 TOTAL AMBULANCE SERVICE 2,495.04 AMBULANCE JPMORGAN CHASE BANK ALLIANCE MED-SUPPLIES 41.94 JPMORGAN CHASE BANK ALLIANCE MED-SUPPLIES 19.20 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 2,921.81 FULLERTON HYDRO-TEST INC. RENTAL OF OXYGEN CYLINDER 73.85 MEDICAL COMPLIANCE SPECIALTY INC DISPOSAL OF MEDICAL WASTE 109.00 CITY GARAGE SERVICES-OVERHEAD 1,250.00 JPMORGAN CHASE BANK WALMART-EMS BINS 40.80 JPMORGAN CHASE BANK PDC-HOSE FOR MEDIC #2 86.24 JPMORGAN CHASE BANK ALLIANCE MEDICAL-SUPPLIES 659.25 JPMORGAN CHASE BANK ALLIANCE MED-SUPPLIES 1,602.77 CITY GARAGE VEHICLE MAINT-PARTS 212.95 JPMORGAN CHASE BANK ALLIANCE MEDICAL-SUPPLIES 153.09 JPMORGAN CHASE BANK ALLIANCE MEDICAL-SUPPLIES 2,797.39 JPMORGAN CHASE BANK TULSA TECH-BOOKS 21.00 JPMORGAN CHASE BANK TULSA TECH-BOOKS 59.00 JPMORGAN CHASE BANK TULSA TECH-BOOKS 38.00 JPMORGAN CHASE BANK 24-7 EMS-TRAINING MATERIA 1,675.00 JPMORGAN CHASE BANK LAERDAL MED-TRAINING MAT 305.30 JPMORGAN CHASE BANK MEDTRONIC-EMS SUPPLIES 2,146.78 JPMORGAN CHASE BANK PSI-SUPPLIES 21.00 JPMORGAN CHASE BANK PSI-SUPPLIES 14.70 TOTAL AMBULANCE 14,249.07 FUND GRAND TOTAL 16,744.1 E911 COMMUNICATIONS INDIAN NATIONS COUNCIL OF GOVERNMEN E911 TRUNK TERMINAL SVCS 109.31 INDIAN NATIONS COUNCIL OF GOVERNMEN E911 WINDSTRM TRNK TMNL S 93.61 INDIAN NATIONS COUNCIL OF GOVERNMEN E911 WNDSTM TNK TMNL SVCS 52.72 Page 8 Claims List 07/15/08 Budget Unit Title Vendor Name Payable Description Payment Amount E911 COMMUNICATIONS... INDIAN NATIONS COUNCIL OF GOVERNMEN INDIAN NATIONS COUNCIL OF GOVERNMEN TOTAL RADIO INC AT&T E911 GIS MAPPING SERVICES E911 TERRY BAXTER CONSULT RADIO MAINTENANCE -MONTH JUNE '08 E911 FEES 924.89 2,015.00 675.00 1,928.69 TOTAL E911 COMMUNICATIONS 5,799.22 FUND GRAND TOTAL 5,799.2 STORMWATER - STORMWATI OWASSO TOP SOIL USGS NATIONAL CENTER MS 270 MESHEK & ASSOCIATES, P.L.C. MESHEK & ASSOCIATES, P.L.C. HILLSIDE STORMPIPE REPLAC BIRD CREEK GAGE MAINTENAN DRAINAGE BIRD CREEK TRIBUTARY 5A L 60.00 3,825.00 2,937.26 2,658.51 TOTAL STORMWATER - STORMWATER 9,480.77 STRM MGMT - GARNETT DET MESHEK & ASSOCIATES, P.L.C. ENGR GARNETT DRAINAGE PRO 586.36 TOTAL STRM MGMT - GARNETT DETN 586.36 FUND GRAND TOTAL 10,067.1 ANIMAL STERILIZATION FD SMALL ANIMAL HOSPITAL OF OWASSO,LLC SPAY & NEUTER PROJECT AMERICAN HEALTH SERVICE SALES CORP ANIMAL SHELTER SUPPLIES 70.00 1,187.86 TOTAL ANIMAL STERILIZATION FD 1,257.86 FUND GRAND TOTAL 1,257.8 CI -FIRE STATION #3 JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK SEARS-CREDIT FOR TAXES ATWOODS-FLOOR FANS/BENCH SEARS-TOOLS FOR ST #3 TOOLS FOR FS # 3 -1,550.50 625.03 1,550.50 1,348.81 TOTAL CI -FIRE STATION #3 1,973.84 CI - 129TH E AVE BECCO CONTRACTORS INC STREET IMPROVEMENTS-129 E 278,132.70 TOTAL CI - 129TH E AVE 278,132.70 CI -STREET REHAB FY08 WATER PRODUCTS OF OKLAHOMA, INC. SHERWOOD CONSTRUCTION CO, INC ANCHOR STONE CO PIPE FOR STREET REPAIR PR CONCRETE FOR STREET REPAI STONE & SCREENINGS FOR CI 1,936.00 1,067.00 228.50 TOTAL CI -STREET REHAB FY08 3,231.50 CI - SPK BB FIELD RIDGELAND ENTERPRISES SPORTS PARK SOUTH FIELD 1 6,892.20 Page 9 Claims List 07/15/08 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL CI - SPK BB FIELD 6,892.2U FUND GRAND TOTAL 290,230.2 CITY GARAGE O'REILLY AUTOMOTIVE INC BULBS FOR POLICE CAR 11.98 B & M OIL COMPANY INC ANTIFREEZE & BRAKE CLEANE 379.50 B & M OIL COMPANY INC ANTIFREEZE & BRAKE CLEANE 477.95 O'REILLY AUTOMOTIVE INC PARTS FOR RESALE 123.98 GIL SAURER DBA PHOENIX RECYCLING PICKED UP 1 DRUM USED OIL 19.00 T & W TIRE, LP TIRES FOR CITY VEHICLES 841.78 T & W TIRE, LP TIRES FOR CITY VEHICLES 1,221.80 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 97.02 UNIFIRST HOLDINGS LP UNIFORM RENTAL 30.01 YVONNE HOVELL DODGE CHRYSLER JEEP PARTS FOR RESALE 105.00 ROSS M LEWIS REPAIR SERVICES RESALE 20.00 AMERIFLEX HOSE & ACCESSORIES, LLC PARTS FOR BACKHOE 46.75 ENLOW TRACTOR INC PARTS FOR BRUSH HOG 303.85 FLEETPRIDE, INC PART FOR TRASH TRUCKS 40.76 CLASSIC CHEVROLET, INC. PARTS FOR RESALE 105.45 T & W TIRE, LP TIRES FOR CITY VEHICLES 1,353.54 AT&T AT&T CONSOLIDATED BILL 41.61 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 11.67 O'REILLY AUTOMOTIVE INC PARTS FOR RESALE 38.80 O'REILLY AUTOMOTIVE INC PARTS FOR RESALE 882.93 TOTAL CITY GARAGE 6,153.38 FUND GRAND TOTAL 6,153.3 WORKERS' COMP SELF-INS UNITED SAFETY & CLAIMS INC DBA PPO MONTHLY TPA ADMIN FEES 1,450.00 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 12,059.10 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 2,482.90 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 772.06 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 1,503.98 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 3,242.86 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 1,503.98 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 528.00 OK TAX COMMISSION SPECIAL TAX UNIT MITF WORKERS COMP TAX 2,992.99 TOTAL WORKERS' COMP SELF-INS 26,535.87 FUND GRAND TOTAL 26,535.8 GEN LIAB-PROP SELF INS ATKINSON, HASKINS, NELLIS, BRITTING LEGAL SERVICES 1,224.56 Page 10 Claims List 07/15/08 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL GEN LIAB-PROP SELF INS 1,224.56 FUND GRAND TOTAL 1,224.5 CITY GRAND TOTAL $483,741.13 Page 11 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 07!15!08 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL AMOUNT 46,084.50 4,635.37 32,353.53 0.00 14,329.50 12,890.40 110,293.30 0.00 0.00 0.00 0.00 VSP VISION MEDICAL SERVICES 0.00 ADMIN FEES 1,069.29 VISION DEPT TOTAL 1,069.29 HEALTHCARE SELF INSURANCE FUND TOTAL 111,362.59 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 07/05/08 Department Payroll Expenses Total Expenses Municipal Court 4,412.51 5,751.63 Managerial 18,372.35 24,056.33 Finance 12,296.01 17,232.15 Human Resources 5,955.21 8,551.60 Community Development 13,942.62 18,256.94 Engineering 12,192.76 16,628.61 Information Systems 7,406.07 10,721.56 Support Services 6,982.67 9,606.25 Police 124,705.56 168,302.16 Central Dispatch 6,878.87 11,465.00 Animal Control 2,154.23 3,162.22 Fire 80,463.88 114,508.32 Emergency Preparedness 2,669.63 3,777.10 Streets 7, 606.00 11, 791.99 Stormwater/ROW Maint. 7,750.15 10,852.36 Park Maintenance 8,494.63 12,333.05 Community-Senior Center 3,094.30 4,534.99 Historical Museum 2,014.53 2,649.06 Economic Development 2,692.31 3,462.54 General Fund Total 330,084.29 457,643.86 Garage Fund Total 3,918.14 3,918.14 Ambulance Fund Total 16,310.54 16,310.54 Emergency 911 Fund Total 3,070.52 3,070.52 Worker's Compensation Total 2,341.85 2,341.85 CITY OF OWASSO GENERAL FUND FISCAL YEAR 2007-2008 Statement of Revenues & Expenditures As of June 30, 2008 ** MONTH YEAR PERCENT TO-DATE TO-DATE BUDGET OF BUDGET REVENUES: Taxes $ 1,510,788 $ 17,941,135 $ 17,947,164 99.97% Licenses & permits 15,415 291,747 303,500 96.13% Intergovernmental 64,849 840,819 521,708 161.17% Charges for services 30,438 318,919 276,500 115.34% Fines & forfeits 53,956 666,566 680,000 98.02% Other 23,190 141,888 116,300 122.00% TOTAL REVENUES 1,698,637 20,201,075 19,845,172 101.79% EXPENDITURES: Personal services 851,566 10,525,859 10,992,750 95.75% Materials & supplies 84,703 656,202 663,442 98.91% Other services 223,478 2,233,557 2,403,667 92.92% Capital outlay 154,370 1,328,818 1,697,232 78.29% TOTAL EXPENDITURES 1,314,117 14,744,436 15,757,091 93.57% REVENUES OVER EXPENDITURES 384,520 5,456,639 4,088,081 133.48% TRANSFERS IN (OUT): Transfers in 916,683 10,622,443 10,520,000 100.97% Transfers out (1,432,481) (16,565,958) (16,565,289) 100.00% TOTAL TRANSFERS (515,798) (5,943,515) (6,045,289) 98.32% NET CHANGE IN FUND BALANCE (131,278) (486,875) (1,957,208) FUND BALANCE (GAAP Basis) Beginning Balance 5,144,239 Ending Balance $ 4,657,363 FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance 3,701,490 3,701,490 $ 3,214,614 $ 1,744,282 "*Note: Report is not final for fiscal year end. Accounts payabale are still in process. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JOHN W. FERRY PROJECT ADMINISTRATOR, OPWA SUBJECT: ACCEPTANCE OF ENGINEER AGREEMENTS DATE: July 8, 2008 BACKGROUND: At the May 17, 2005 City Council meeting, the Engineering Design Criteria, Construction Standards, and Standard Details were adopted by the City Council. Documents required as a result of that adoption include two different agreements, one which must be submitted by the developer and one which must be submitted by the developer's engineer. The agreements are as follows: ENGINEER AGREEMENT The agreement required to be submitted by the developer's engineer is titled "Agreement for Urban Engineering Services" (Section 0114.1(B)). This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design criteria), pay all fees associated with the plan review, attest that he/she is a Registered Professional Engineer in the State of Oklahoma, and attest that he/she maintains Professional Liability Insurance in limits directly correlated to the cost of the project specified in the attached agreement. The liability insurance to project cost ratio schedule is as follows: Project Cost Less than $500,000 $500,000 - $1,000,000 Professional Liability Insurance $250,000 $500,000 Greater than $1,000,000 $1,000,000 DEVELOPER AGREEMENT The agreement required to be submitted by the developer is titled "Agreement Guaranteeing Installation of Improvements" (Section 0114.1(C)). This agreement requires the developer to submit engineering drawings for the proposed improvements, provide oversight of his/her construction contractor to assure compliance with the approved plans, and submit "as-built" drawings upon completion of the construction of improvements. Since the approval of the Engineering Design Criteria, Construction Standards, and Standard Details in May 2005, Developers and Engineers alike have complied with the above requirements and submitted both agreements. The mayor's signature is required on the "Agreement for Urban Engineering Services" (Engineer Agreement), therefore Council approval is needed. RECOMMENDATION: Staff recommends Council acceptance of the following "Agreement for Urban Engineering Services" (Engineers Agreement): 1. Grafton, Tull, Sparks and Associates, Inc., The Sevens at Garnett Rd. & E. 19th St. 2. Khoury Engineering, Inc., Benski Addition at 11605 N. & 135th E. Ave. 3. Kimley-Horn and Associates, Inc., Olive Garden at The Center at Owasso ATTACHMENTS: A. Three (3) signed "Agreement for Urban Engineering Services" AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT. entered into by and between the CITY OF OWASSO. OKLAHOMA. a municipal corporation, hereinafter called "Citv'~ and ~f~~~ ~~~~ .~nuk~, Ctne,~ ASS~GtGttQS~ f nC hereinatter called "Design En~~ineer'~. WITNESSETH: WHEREAS. the Design Engineer has been employed by the Owner/Developer/Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes refen-ed to as the "Project''. upon easements and rights-ot=ways to be owned or controlled by the City: and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Desi~~n Engineer under the hereinafter described terms and conditions. NOW, THEREFORE. in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows. to- wit: 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements i~ e rar l ~~1~~t. ~jcveyb ) C rrwhich shall be located on thelfollowin`~ described tract of land: GQSt Ot ~~ rNt-er~SeC~rO~ Ot Goa ~ ~rys,~1 ~__E<<~-`~9~~~~~ rri vwrx~SD TU ISM; U~un~~ ©_ 1/~ /~IOf ~a'~ i ~ T~ /' ~t ~lt~ ~©CCI~`e~ ?. The Design Fn~ineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services- including the City`s current Design Criteria, which are hereby incorporated and made a part of this Contract by reference. prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as They are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the consU-uction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design En~~ineer shall compensate the City for revie~~ in~~ (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation)- except that the minimum charge for each project shall be One Hundred-fifty Dollars ($ I X0.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No tees shall be collected by the City of Owasso on any public work or improvement performed by or for any city. county. state. or federal ~~overnmental entit~~: provided hoysever. that this exemption shall not constitute waiver of an}~ ordinance requiring the issuance of such permits. and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he/she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract. and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract. the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he/she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: f'roiect Cost Professional Liability Insurance Less than $500,000 $250.000 $500.000 - $1.000.000 $500.000 Greater than $1.000.000 $1.000.000 (Project Costs to be as detined in Section I of the attached Specifications for Urban Engineering Services) and that he/she ~~-ill maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I. Section I I and Section lII of the attached Standard Specifications for Urban Engineering Services and that these specilicatiuns become a part this contract. .~ 1N TESTIMONY WIIERE01. the parties hereto ha~re caused this A~~reement to be executed by their duly authorized ofticers or representatives on the dates set for the below. Executed b~ the City of Owasso. Oklahoma. on the day of . 20 Executed by the Design Engineer on the ~ da_y of~~1~___--2~~. CITY OF OWASSO. OKLAHOMA a municipal corporation BY Mayo-- ATTEST: City Cierk AP OVED AST FORM: /~r'~ ity Attorney APPR ED: P is ora Director DESIGN = , a EER esign Engi BY ~ _ Title ATTEST: __._ , Secretary AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Khoury Enaineering, Inc. hereinafter called "Design Engineer". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner/Developer/Subdivider of the herein described real property to prepare all project plans and specifications to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project", upon easements and rights-of- ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to-wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements which shall be located on the following described tract of land: Install storm sewer and sidewalks at Benski Addition located at 11605 North 135th East Avenue. Owasso. OK APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current design criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of Fifty Dollars ($50.00) for each plan sheet submitted (other than plan sheet Standards of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred-fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specification for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he maintains and is covered by Professional Liability Insurance in limits of not less than $1,000,000 and that he will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I and Section of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso Executed by the City of Owasso, Oklahoma, on the day of 20 Executed by the Design Engineer on the ~' day of ~ 20~$ CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Clerk A OVED AST FORM: City Attorney 1 APPR ED: ublic Wo Director ATTEST: 4:u..~-cam ~.liY-n Secretary .~ f Engineer By President Title APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso City of Owasso, Oklahoma Standard Specifications For Urban Engineering Services Section 1 -General Provisions 1.01 INSURANCE AND INDEMNITY App B-II The Design Engineer shall carry and keep in force during this Contract policies of insurance in minimum amount as set for the below or as required by the Laws of the State of Oklahoma. Public Liability: Bodily injury, each person $100,000 Bodily injury, each accident $1,000,000 Property damage, aggregate $100,000 or combined single limit $1,000,000 Employers Liability and Workers Compensation Statutory Limit Automobiles and trucks, owned hired and non-owned: Bodily injury, each person $100,000 Bodily injury, each accident $1,000,000 Property damage, aggregate $100,000 or Combined single limits $1,000,000 Engineer's Professional Liability Insurance $1,000,000 with prior Acts Endorsement $100,000 Certificates showing the Design Engineer is carrying the above described insurance in at least the above specified minimum amounts shall be furnished to the City prior to the execution of the Contract. The certificate of Public Liability insurance shall show the City of Owasso, endorsed as a named insured under the policy. Certificates of Professional Liability insurance shall be submitted on the anniversary dates thereof, showing that coverage is maintained in continuous force and effect for a period of three (3) years following final acceptance of the project by the City of Owasso. Said Certificates shall further provide that such insurance will not be cancelled by the insurer without the insurer first giving the City ten (10) days written notice of cancellation. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso 1.02 PLANS AND RECORDS The City shall, upon request, provide the Engineer with one copy of any preliminary plans, photographs, reports, calculations, topographic surveys, utility location plats and other pertinent public records currently in possession of the City and applicable to the work, provided the City is reimbursed for any cost of reproduction by Engineer. 1.03 OWNERSHIP OF THE WORK 1.04 The Design Engineer shall furnish the City with copies of data, field notes and studies utilized as instruments of service if requested for reproduction by City. 1.05 TRANSFERS 1.06 The Design Engineer shall not assign, sublet or transfer any interest in the work covered by this Engineering Agreement without the prior written consent of the City. The consent to assign or sublet any portion of work shall not relieve the Design Engineer from his primary responsibility for the performance of that portion of the work so transferred. 1.07 REVIEWS AND ACCEPTANCES 1.08 All preliminary and detailed designs, plans, specifications, estimates and other documents prepared by the Design Engineer shall be subject to Review and acceptance by the Ciry. 1.09 No acceptance shall relieve the Design engineer of his professional responsibility or obligation to correct any defects or errors in his work at his own expense. 1.10 APPEARANCES AND CONFERENCES 1.11 The Design Engineer shall provide adequate representation at design conferences as may be requested by City in connection with the work or the project. 1.12 The Design Engineer shall confer with the City at any time with respect to interpretation of plans, correction of errors and omissions, and APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso preparation of such additional drawings or specifications as maybe required as the work and project progresses. 1.13 PENALTIES In the event the Design Engineer fails to comply with any of the provisions of the Agreement for Urban Engineering Services, the Engineering Department shall not consider entering into any subsequent agreements with the Design Engineer. SECTION 2 -CONSTRUCTION CONTRACT PLANS 2.01 GENERAL PURPOSE, REQUIREMENTS AND OBJECTIVES The Construction Contract Plan shall provide the City with adequate general plans, design details, construction specifications, and related documents from which contractor may construct the Project. A preliminary plan which approval is necessary before the actual Construction Contract Plans are developed shall, in general, resolve all fundamental location and design problems and delineate them in such a manner as to permit the preparation of final detailed Construction Contract Plans. 2.02 EXISTING INFORMATION AND DATA The Design Engineer shall: a. Provide all professional services necessary to evaluate and coordinate existing information and date which will be necessary in the preparation of detailed Construction Contract Plans. b. Develop new information and refine existing information and data to Current status to comply with the requirements of these Specifications. c. Secure appropriate current City written approval of the proposed preliminary plan development criteria and procedure. 2.03 CONSTRUCTION CONTRACT PLANS The Design Engineer shall: a. Prepare detailed Construction Contract Plans, in both horizontal and APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso vertical dimensions, properly dimensioned, showing all existing topographical features, surface and subsurface facilities as determined by field surveys or as verified by utility or facility owners. These plans shall be prepared in accordance with current design practices of the City and shall include title sheets, typical sections, general notes and summaries of quantities. The lists of quantities shall be separated as may be required to meeting financing requirements and properly symboled in accordance with the Standard Construction and Material Specifications. Plan and profile showing alignment and grade with locations of right of way lines shall also be included. Plans shall be accompanied by such other documents as may be required, and they shall also conform with the requirements of applicable portions of the City's Construction and Material specifications, Design Criteria, Standard Construction. Drawings, Specification for Subsurface Investigations and Plan preparation procedures and other directives of instruction of the City. b. Provide, in connection with utilities, the following: Each affected company with an early notification concerning contemplated work and furnish each company-approved preliminary plans. Arrangements shall be made with each affected company for a plan showing it's existing and proposed facilities in relation to the existing and proposed construction and submit each plan to the City for approval. The Design Engineer shall, when instructed, incorporated utility revision plans in the construction plans, and shall secure from the utility company a detailed estimate of its cost for making changes prepared in accordance with the requirements of the City. c. Prepare off-site right-of--way plans and descriptions, or bring to current status existing property map and right-of--way plan of descriptions, all in conformance with the requirements set forth in these Specifications and other instructions issued by the City. More specifically, the Design Engineer, in developing the right-of--way plan shall: 1. Prepare a preliminary right-of way plan for field review and approval immediately following approval of alignment and profile showing centerline of survey, estimated construction limits, property lines, parcel numbers, ownership of record, recommended right-of--way limits and existing right-of--way limits. The preliminary right-of--way plans shall be prepared to a scale of one (1) inch equals one hundred (100) feet. In congested or urban subdivided area where one hundred (100) foot scale is unsuitable, the right-of--way plans shall be prepared to a scale of one (1) inch equals twenty (20) feet. The preliminary plans may APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso be a print of pencil tracings appropriately marked to avoid confusion with the final right-of--way plans 2. The final right-of--way plan shall be developed concurrently with the detailed Construction Contract Plan, and shall be completed with prints thereof submitted ten (10) days prior to the Field and Office Check. The property map and summary of additional right-of--way required shall be a part of the final right-of--way plan. Property lines are to be determined and shown on the plan accurately enough that a proper legal description can be written there from without reference to other material. In addition, the right-of--way plan shall show the beginning and end of project, match lines and numbers of matching sheets. (To facilitate use of the right-of--way plan independently from the other sections of the Construction Contract Plan, right-of--way plan sheet numbers a separate series of numbers for sheets comprising the right-of--way plan proper.) When prints or reproducible tracings of right-of--way plans are furnished separately, they shall include the Construction Plan title sheet, showing vicinity map and legend of symbols used. Final right-of--way plans shall reflect the latest information available, all plan revisions, and all approved changes in right-of-way to be acquired. Legal descriptions shall be prepared for all remaining parcels of property to be acquired and submitted concurrently with the final right-of--way plans. The Design Engineer, shall, upon request, prepare appropriate plats in accordance with the foregoing. d. The Design Engineer shall submit the final plans to the City for review, together with is recommendations regarding final acceptance, as follows: Plans, elevations and details, unless otherwise specified, shall be presented on sheets twenty-two (22) inches by thirty-four (34) inches in overall size developed at appropriate scale showing all horizontal and vertical information in sufficient detail to permit construction staking on the ground and to indicate and delineate all details necessary for the construction of the complete facility by a construction contractor. 2. The required number of copies of the completed Construction Contract and other necessary documents shall be assembled and presented, and necessary personnel familiar with each design phase or APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso detail shall be assigned to accompany and consult with City upon field Office Conference at times designated by the City. All Changes and modifications required by the City as a result of Field and Office Conferences shall be made, and acceptable reproducible tracings of the detailed construction Contract Plans and other necessary documents shall be delivered to the city. 4. All things required shall be submitted to the City with a transmittal letter providing a brief narrative summary of the pertinent facts concerning the development of the Project. The letter shall advise the city of any special or unusual features of design or construct ion of the Project. 2.04 CITY'S OBLIGATION The City shall review all of the Engineer's submissions and transmit to the Design Engineer the dates of Acceptance for all submissions, or, if a submission is not acceptable, a statement of the changes to be incorporated prior to Acceptance thereof. City response shall be within 10 working days of receipt. SECTION 3 -CONSTRUCTION SUPERVISION 3.01 GENERAL PURPOSE, REQUIREMENTS AND OBJECTIVES The purpose of supervision of construction by the Design Engineer is to assure that the Project shall be constructed in a good and workmanlike manner and in accordance with the plans, specifications and other contract documents. It shall be the Design Engineer's obligation to achieve this purpose and his obligation shall include, but not be limited to, the matters set forth in these specifications. 3.02 ENGINEER'S SUPERVISORY OBLIGATIONS The Design Engineer shall perform the following in connection with the construction: a. Construction layout surveys and consultation and advise during construction. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso b. Visits to the site of the construction at such frequent intervals as may be necessary, during construction but a minimum of weekly visits or as required by the Engineer. c. Review and check, following the award of a construction contract, the shop drawings of installed equipment, structural agreements and erection plans for each structure designed by the Engineer. Such checking shall verify the conformance of shop drawings with design drawings. d. Preparation of supplementary detailed drawings, together with specifications pertaining thereto when required e. Providing contract drawings as necessary to show the work as actually constructed by furnishing the City a set of "Record" drawings on computer disc (AutoCad format compatible with City software), mylar reproducibles and two sets of blackline drawings. f. Assistance to the City in start-up and testing of installed equipment. g. Certification of "Record" quantities. h. Accompany representative of the City in the Final Inspection of the project. Submit any soils analysis reports as required before or during construction. Provided all staking for control of alignment and grade necessary for the satisfactory construction of the project and additional staking as required by the Engineer. 3.03 CHANGE ORDERS DURING THE COURSE OF CONSTRUCTION a. If during the course of construction it becomes necessary to change the detailed plan of construction due to unforeseen obstructions, conflict with other utilities, other agencies or circumstances, or conditions not anticipated prior to the award of the Construction Contract, the Engineer shall prepare the necessary Change Orders and Revised Plans in order to effect the necessary changes in construction. b. The Design Engineer, during the course of Preparation of necessary Change Orders, shall coordinate the revised plans with all affected APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso agencies or firms on which original coordinated approval was secured in these specifications prior to approval by the City of the necessary Change Order. c. The Design Engineer shall carry out the necessary negotiations with the Construction Contractor prior to presentation to the City of the Change Order for approval. Following approval by the Construction Contractor, The Design Engineer shall present same to the City in accordance with the Established procedures for approval of the original Construction Contract as covered in those specifications. END OF TEXT APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Kimley-Horn and Associates, Inc. hereinafter called "Design Engineer". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner/Developer/Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project", upon easements and rights-of--ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements A proposed Olive Garden restaurant with associated amenities. Site improvements include proposed pavement, storm drainage, and utility installation. which shall be located on the following described tract of land: Lot 4, Block 1, The Center at Owasso, a resubdivision of Lot 1, Block 1, Oak Tree Business Park 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred-fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he/she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he/she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he/she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the day of _ , 20 Executed by the Design Engineer on the day of CITY OF OWASSO, OKLAHOMA a municipal corporation BY ATTEST: Mayor City Clerk PROVED AS TO FORM: City Attorney APPROV t ~ ~D/~; an//L- Pudic Works Director G WEER Design Engineer BY /-~~.x_~ ~- Title ATTEST: 20 Secretary MEMORANDUM TO: HONORABLE CITY COUNCIL FROM: STEPHEN CATAUDELLA MAYOR SUBJECT: APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS DATE: July 15, 2008 BACKGROUND: Pursuant to authority contained in Article 2, Section 2-4, subsection (e) of the Charter of the City of Owasso, the City Council has established ordinances that provide, generally, for the Mayor to appoint members to various boards, commissions, trusts, and committees; such appointments subject to confirmation by the City Council. Additionally, the Council has established the same procedure, by precedent, for those appointments not specifically addressed by ordinance. It is, therefore, the purpose of this memorandum to recommend for Council confirmation the following appointments to the positions as indicated: ANNEXATION COMMITTEE - Vice Mayor DJ Gall Councilor Doug Bonebrake David Vines (Planning Commission Representative) Kevin Lane (Citizen Representative) Bradd Clark, Fire Dan Yancey, Police Tim Rooney, Assistant City Manager Eric Wiles, Community Development Chelsea Harkins, Economic Development Roger Stevens, Public Works Julie Lombardi, City Attorney AUDIT COMMITTEE - Councilor Doug Bonebrake (Seat 1 -One Year Term) Kevin Cavanah (Seat 3 -Three Year Term) John Manning (Seat 4 -Three Year Term) BOARD OF ADJUSTMENT Trish Hauser Tammy Lasko INCOG BOARD OF DIRECTORS - Vice Mayor DJ Gall Rodney Ray, City Manager (Alternate) INCOG LEGISLATIVE CONSORTIUM - Julie Lombardi, City Attorney Rodney Ray, City Manager (Alternate) INCOG ENVIRONMENTAL POLICY COMMITTEE - Roger Stevens, Public Works OWASSO ECONOMIC DEVELOPMENT AUTHORITY - Dee Sokolosky (Five Year Term) Gary Akin (Chamber Representative, One Year Term) Mayor Steve Cataudella (Council Representative, One Year Term) PERSONNEL BOARD - Jerry Duke PLANNING COMMISSION - Jeff Waters REGIONAL METROPOLITAN UTILITY AUTHORITY - Sherry Bishop, Assistant City Manager Rodney Ray, City Manager TRANSPORTATION POLICY COMMITTEE - Councilor Wayne Guevara Rodney Ray, City Manager (Alternate) TRANSPORTATION TECHINCAL COMMITTEE - Roger Stevens, Public Works Daniel Dearing, Public Works (Alternate) MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: MICHELE DEMPSTER HUMAN RESOURCE DIRECTOR SUBJECT: INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) FISCAL YEAR 2008-2009 CONTRACT DATE: July 9, 2008 BACKGROUND: Since negotiations began with the IAFF in February, Staff and the IAFF negotiating team have met regularly working to come to an agreement for the 2008-2009 contract year. The proposed contract includes continuing the current pay plan and providing fora 2.95% across the board increase. The increase in cost for the proposed contract is $198,000, an 8.98°Io increase over the current fiscal year. The proposed contract is a one year contract. RECOMMENDATION: Staff recommends approval of the 2008-2009 contract between the City of Owasso and the International Association of Firefighters (IAFF) Local #2789 and authorization for the Mayor to execute the contract. ATTACHMENTS: 1. Contract MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DANIEL DEARING CIVIL ENGINEER SUBJECT: AWARD OF ENGINEERING SERVICE AGREEMENT - N. 140~h EAST AVENUE ROADWAY IMPROVEMENT PROJECT (TULSA TECHNOLOGY SERVICE ROAD) DATE: July 15, 2008 BACKGROUND: The parcel of land located midway between E. 106t" Street North and E.116`" Street North and immediately east of US Highway 169 has been selected as the site for a new Tulsa Technology Center (TTC) campus. Site development is scheduled to begin in the spring of 2009 and is anticipated to be complete by summer of 2010. A portion of N.140t" East Avenue currently extends approximately 1,450 linear feet south from E. 116t" Street North between the Quik Trip and Eggbert's restaurant. This roadway is not a complete thoroughfare and, as is, provides no access to the TTC site for either construction or the operation of the campus following construction. In order to accommodate the proposed opening of the TTC campus in fall of 2010, it is imperative that N. 140t" East Avenue be fully extended to the south in order to connect with E. 106" Street North. The city staff estimates construction costs to be approximately $2,029,570. ENGINEERING STATEMENT OF QUALIFICATIONS & SELECTION: Statement of Qualifications were requested from three (3) Engineering firms that were considered by staff to be most qualified to perform the needed services in the time frame established for this project. The process to select a firm is in conformance with established procedures of the Oklahoma State Board of Registration for Professional Engineers for soliciting engineering services. The firms were C2A Engineering, Inc., Grafton Tull Sparks and Kellogg Engineering, Inc. Each Statement of Qualification was reviewed and evaluated based on the following: - Design Team Experience related to Roadway Design - Verifiable References for Roadway Projects in Oklahoma - Firm Experience in Design of Similar Roadway Projects - Availability of Design Team to Complete Work - Familiarity with City of Owasso Design Standards Construction Methods and Procedures Based on an analysis of the Statement of Qualifications provided and staff's understanding of the capabilities/experience of each firm, a design service proposal was requested from Crafton Tull Sparks. DESIGN SERVICE PROPOSAL: On July 1, 2008, Crafton Tull Sparks submitted the requested Design Service Proposal (see Attachment) providing a detailed description of the engineering design services to be provided at a fixed fee of $162,500 (approximately 8% of the estimated total cost of the construction project). PROJECT APPROACH: The scope of the design work is to provide access to the development site for construction of the TTC facility simultaneously with the construction of the roadway improvements in time for the opening of the Tulsa Technology Center in summer 2010. The project schedule and layout will require coordination with Tulsa Technology Center needs and design. Crafton Tull Sparks is designing the site plans for the Tulsa Technology Center making design coordination less burdensome and decreasing the time of design delivery. FUNDING SOURCE: Funds for this project are included in the FY 08-09 Capital Improvements Budget. RECOMMENDATION: Staff recommends Council award an engineering service agreement to Crafton Tull Sparks of Tulsa, Oklahoma for the N. 140th East Avenue Roadway Extension (East 106th Street North to East 116th Street North) in the total amount of $162,500 and authorization for the City Manager to execute the contract. ATTACHMENTS: 1. Site Map 2. Engineering Services Agreement uoa~~r~ Legend - PROPOSED ROAD North ["HIS MAY IS I.Olt INI~OAZNIAI'ION YUKI'OtiE CYNI~Y AND 13 Nv'I' IN I'4'NDED "I O 2EPRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY. 111 N. Main Street P.O. Box 180 Owasso, OK 74055 9l 8.376.1500 FRONTAGE ROAD EXTENSION (NORTH 140TH EAST AVENUE) CITY OF OWASSO 7i3ios AGREEMENT For ENGINEERING SERVICES CITY of Owasso, Oklahoma N. 140th East Avenue Roadway Improvement PROJECT THIS AGREEMENT, made and entered into this day of July 2008 between the CITY of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, Grafton Tull Sparks, hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to construct a three lane roadway extension, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through October 2009. NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: Scope of PROJECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROJECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment C, which is attached hereto and incorporated by reference as part of this AGREEMENT. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B SCOPE OF SERVICES, in accordance with the schedule set for in Attachment D, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and ENGINEERed in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the services to be performed by the ENGINEER pursuant to the AGREEMENT or the suitability of ENGINEER's work product. 7. LIMITATION OF RESPONSBILITY. 7.1 ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2 The presence of ENGINEER'S personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3 In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. 7.4 Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 7.5 ENGINEER'S deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer-generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these 61es will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding of market conditions, ENGINEER'S cost estimate shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional ENGINEER. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the services for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect, or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2 CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insured on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the services, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria, and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the services. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1 During the performance of the services under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $SOO,000,deductibles subject to approval. 12.2 ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHII' AND REUSE OF DOCUMENTS. 13.1 All documents, including original drawings, estimates, specifications, field notes, and data shall become and remain the property of the CITY. 13.2 CITY's reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY's risk. 14. TERMINATION OF AGREEMENT. 14.1 The obligation to continue services under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2 CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY's convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of services on a schedule acceptable to CITY. In the event of termination or suspension for CITY's convenience, CITY shall pay ENGINEER for all services performed to the date of termination in accordance with provisions of Attachment C, COMPENSATION. Upon restart of a suspended PROJECT, ENGINEER'S contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below: To ENGINEER: Grafton Tull Sparks & Associates 220 E. 8~h Street Tulsa, Oklahoma 74119 Attention: Alex Mills, P.E. To CITY: CITY OF OWASSO, OKLAHOMA PO BOX 180 OWASSO, OKLAHOMA 74055 Attention: Roger Stevens 15.1 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns, or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general SCOPE OF SERVICES in this AGREEMENT. If such changes affect ENGINEER'S cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the CITY'S Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from and exercising any rights privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultant, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the services hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the CITY of Owasso, and any plans or specifications not meeting the terms set forth in the AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with CITY staff initially and monthly thereafter and will be available for public meetings and /or City of Owasso presentations. 22. KEY PERSONNEL. In performance of the services hereunder, ENGINEER has designated Alex Mills as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of the CITY. IN WITNESS THEREOF, the parties have executed this AGREEMENT in multiple copies on the Respective dates herein below reflected to be effective on the date executed by the City Manager of the CITY of Owasso. CRAFTON TULL SPARKS Alex Mills, P.E. Date CITY OF OWASSO Rodney J. Ray, City Manager ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney AGREEMENT For ENGINEERING SERVICES CITY of Owasso, Oklahoma N. 140t" East Avenue Roadway Improvement PROJECT Scope of PROJECT Attachment A SCOPE OF PROJECT. The PROJECT shall consist of the preparation of construction plans and specifications for the N. 140th East Avenue Roadway Improvement PROJECT for the CITY of Owasso. AGREEMENT For ENGINEERING SERVICES CITY of Owasso, Oklahoma N. 140th East Avenue Roadway Improvement PROJECT SCOPE OF SERVICES Attachment B The services to be performed by the ENGINEER, Grafton Tull Sparks, under this AGREEMENT will consist of the preparation of construction plans and specifications for a Three Lane Roadway Extension. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder are essential provisions of the AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of the AGREEMENT and receipt of Notice to Proceed. It is further understood that the PROJECT will be designed and constructed in accordance with the CITY of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.1.a) Conceptual, Preliminary, and Final Design of the proposed improvements B.1.b) Prepare exhibits for and participate in a Design Public hearing. Provide a Public Hearing Report, listing all questions raised and providing a response to each question B.l.c) Provide a set of construction plans for the proposed improvements including plans, profiles, cross sections, and details B.l .d) Provide a Stormwater Pollution Prevention Plan in accordance with local requirements B.l.e) Provide construction cost estimates B.1.f) Drawings will be in AutoCad format and will be presented in hardcopy format B.l.g) Coordinate with local franchise utilities for relocation B.1.h) Coordinate and procure a geotechnical report for the PROJECT using a client approved subcontractor B.l.i) Prepare right-of--way and easement acquisition documents, legal descriptions and exhibits B.l.j) Modify CITY of Owasso construction specifications (technical specifications) and construction contract documents B.l.k) Advertise, receive bids, and assist the CITY in negotiations with the successful bidder B.1.1) Coordinate with Oklahoma Department of Transportation and obtain their approval concerning the proposed roadway improvements ~~ ~rc~~~®r~ Tull S~~l`s ~ ~- July 2, 2008 Roger Stevens Public Works Director City of Owasso -Public Works Department 301 W. 2nd Ave. Owasso, OK 74055 (918) 272-4959 Phone (918) 272-4996 Fax RE: Proposal -North 140 E. Avenue Extension Dear Mr. Stevens: Grafton Tull Sparks (CTS) is thrilled to be selected by the City of Owasso (the City) to provide design services for this project. CTS proposes to furnish the Design Services on the above referenced project as described on the attached "Exhibit C -Scope of Basic Services" sheet. As we understand the project it includes the design of a 3,860 LF, 3-lane roadway extension. The roadway extension will begin at the current termination point of N. 140+ E. Ave., located approximately 1,450 LF south of 116dz Street N., and will proceed south and parallel Highway 169 to 106 Street N. The proposed Project Schedule is attached, as Exhibit A, and CTS will endeavor to meet all the deadlines and timeframes shown on that schedule. As stated in the Scope of Services, CTS proposes to provide these services for a fixed fee of X162,500. This fee is approximately 8% of the estimated construction costs of $2,029,570, provided by the City, for the proposed roadway and would include the services listed in Exhibit C and includes any reimbursables (mileage, printing, etc...) so that the proposed fee will not need to be increased, unless the scope should be changed. We thank you for this opportunity to provide this proposal for our services. If you have any questions or comments, please feel free to contact us at our Tulsa Office. Sincerely, CRAFTON, TULL, SPARKS & ASSOCIATES, INC. Alex Mills, P.E. Vice President, Civil Engineering 918.584.0347 office 918.260.9845 mobile alex. m ill s~craftontull. com t,~'~ Grafton Tull Sparks J~ Exhibit C Scope of Basic Services for: Project: North 140`h E. Ave. Extension Client: _ City of Owasso Location of Project: Owasso, Oklahoma Discipline: Civil Engineering Discipline Manager: Alex Mills Project Manager: Alex Mills Proposal Date: 7-1-08 Billing Type: Fixed Fee Fee/Estimate: $162,500 Description of the Construction Project: CTS will design the N. 140"' E. Ave. Extension from the current termination point south of 116th Street North, south to 106th Street North. The proposed roadway will be a S- lane asphalt section with curb & gutter and an alternate bid concrete pavement section. 1 . Conceptual, Preliminary, and Final Design of the proposed improvements. 2. Prepare exhibits for and participate in a Design Public Hearing. Provide a Public Hearing Report, listing all questions raised and providing a response to each question. 3. Provide a set of construction plans for the proposed improvements including plans, profiles, cross sections, and details. 4. Provide a Stormwater Pollution Prevention Plan in accordance with local requirements. 5. Provide construction cost estimates. 6. Drawings will be in Auto Cad format and will be presented in hardcopy format. 7. Coordinate with local franchise utilities for relocation. 8. Coordinate & procure a geotechnical report for the project using a client approved subcontractor. 9. Prepare right-of-way and easement acquisition documents, legal descriptions & exhibits. 10. Modify City of Owasso construction specifications (technical specifications) and construction contract documents. 11. Advertise, receive bids and assist the City in negotiations with the successful bidder. 12. Coordinate with ODOT and obtain their approval concerning the proposed improvements. 13. Scope of Basic Services does NOT include the following: a. Offsite utility, street or drainage improvements. b. Environmental studies, including wetland delineations c. Corps of Engineer, FEMA, DEQ or other special government agency permitting. d. Traffic engineering. e. Signal design at 106th Street North (Preformed by County). f. Retaining wall design. www.craftontullsparks.com 1 of 2 ~.~ Craftora Tull Sparks Preparation of special provisions or technical specifications for non-typical construction items. Construction staking. Construction Inspection. Note: Services listed under Item 13 can be provided for additional fee. 14. Client shall provide: a. Record drawings of adjoining improvements previously constructed. b. Construction plans for adjoining projects underway or nearing the construction phase. c. Readily available information such as design criteria, standard details, or standard specifications. This is the scope of services for the Project. Should there be additions to this scope of services, those services shall be compensated for additional fee. www.craftontullsparks.com 2 of 2 EXHIBIT A - PROJECTED AGGRESSIVE SCHEDULE CITY OF OWASSO - N. 140TH E. AVE. EXTENSION CI AFTON TULL SPARKS D Task Nema Duratlon atarl '0 s roe u ro ] 11 19 9/1 1 e 1 / 1 1 ] 1 N. 140TH E. AVE. EXTENSION 363 days Mon 7/21/08 9 NOTICE TO PROCEED FIELD SURVEY -NIP - FIELD SURVEY - TITLE WORK FIELD SURVEY - FIELD WORK 0 days 0 days 7 days 14 days Mon 7/21/08 Mon 7/21/08 Mon 7/21/08 Mon 7/21/08 •,I 7M a1 `: r 9 8 9 7 FIELD SURVEY - IN -HOUSE PRODUCTION 3 days Mon 8/4/08 8 FIELD SURVEY - OWNER REVIEW 4 days Thu 8/7/08 ° 30% - NOTICE TO PROCEED 0 days Sun 8/10/08 1w0 11 30% - DESIGN 21 days Mon 8 /11/08 12 30 %- SUBMITTAL 0 days Sun 8/31/08 �LN1 1s 30 %- OWNER REVIEW 3 days Mon 9/ 1/08 14 1s 60% - NOTICE TO PROCEED 0 days Wed 9/3/08 11 18 60% - DESIGN 21 days Thu 9/4/08 17 60% - SUBMITTAL 0 days Wed 9/24/08 frz� 18 60% - OWNER REVIEW 3 days Thu 9/25/08 19 z0 90 %- NOTICE TO PROCEED 0 days Sat 9/27/08 z1 90 %- DESIGN 14 days Sun 9/28/08 88 90 %- SUBMITTAL 0 days Sat 10/11/08 111ian z1 90 %- OWNER REVIEW 3 days Sun 10/12/08 zs FINAL SUBMITTAL - NOTICE TO PROCEED 0 days Tue 10/14/08 m 77 FINAL SUBMITTAL - DESIGN 14 days Wed 10/15/08 �is= FINAL SUBMITTAL - SUBMITTAL 0 days Tue 10/28/08 ze FINAL SUBMITTAL - OWNER REVIEW 7 days Wed 10/29/08 z9 8° ISSUE FOR BID 14 days Wed 11/5/08 it sI BIDDING A AWARD 21 days Wed 11/19/08 F�—t 1In 92 ISSUE FOR CONSTRUCTION 0 days Tue 12/9/08 99 RETURN CONTRACT DOCUMENTS 3 days Wed 12/10/08 8° NOTICE TO PROCEED - CONSTRUCTION 0 days Fri 12/12/08 12119 9s 99 R/W ACQUISITION 30 days Thu 9/25/08 97 UTILITY RELOCATION 60 days Thu 9/25/08 - ---� 9e 38 CONSTRUCTION 180 days Sat 12/13/08 w FINAL COMPLETION 30 days Thu 6/11/09 --- - - -_-> u PROJECT COMPLETE 0days Fri 7/10/09 •�me DATE: Tw 7Bge Tank (� Spa ... Proem WAe • Summary ....... . . Raked Summary .— - —r Fx WTuks Ealemal AYWlone � DeaNlne Page 1 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JOHN W. FEARY, PROJECT ADMINISTRATOR, PUBLIC WORKS SUBJECT: REQUEST FOR EXPEDITURE OF FUNDS FOR FY 2007-2008 CIP STREET REPAIR PROJECT DATE: July 11, 2008 BACKGROUND: Included in the FY 2007-2008 Budget, the Capital Improvements Fund allowed for the expenditure of $1 million for the repair and/or resurfacing of residential and non-residential roadways throughout the City with an additional $165,000 obtained from remaining funds in the FY 06-07 program. Rehabilitation sites were evaluated and selected based on a comprehensive assessment of roadway conditions. The selection process was aimed at maximizing return on investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway driving conditions and public safety. On July 17, 2007, the City Council approved the FY 2007-2008 Street Rehabilitation Program repair site priorities. The cost estimate for the construction of the repair site priorities was anticipated to be approximately $1.2 million. Upon approval of the site priorities, the Engineering Division completed bid documents. outlining the work to be completed in Part I of the rehabilitation program. Part I included pavement repair, including removal, disposal and replacement of existing pavement as well as concrete curb and gutter replacement for those projects identified as needing complete repair and the asphalt overlay provided by an Interlocal Agreement with Tulsa County. The proper bidding process was observed and the bid for Part I of the street rehabilitation project was awarded to Becco Contractors, Inc. (Tulsa) in the amount of $ 826,098. Becco Contractors, Inc. has completed their obligation to the project. Part II of the rehabilitation program includes the paving and/or resurfacing of approximately five lane-miles (or 7,000 tons of asphalt) of roadway surface. On September 18, 2007, the City Council approved an Interlocal Agreement between the City of Owasso and Tulsa County for paving assistance as part of the FY 2007-2008 Street Rehabilitation Program. This Agreement allows for the use of Tulsa County labor and equipment with materials to be purchased by the City of Owasso. On July 7, 2008, Tulsa County crews were able to begin placement of asphalt on N. 145t" East Avenue from E. 96t" Street North to E. 106t" Street North and, weather permitting, should be complete by July 11, 2008. Subsequent to the mobilization of Tulsa County crews, staff realized the Interlocal Agreement approved by Council outlined the project but failed to provide specific authorization to purchase the asphalt materials needed to complete the rehabilitation program. SUMMARY OF PROJECT COSTS: To date, the following expenditures have been made in relation to the FY 2007-2008 Street Rehabilitation Program: Becco Contractors (Part I) $ 826,098.00 Asphalt (N. 145th E Avenue only) $ 13,114.85 Tack Oil: 1250 gallons at $ 2.25 per gallon $ 3,812.50 Paving Fabric $ 21,000.00 Traffic Control $ 14,000.00 Culvert Repair $ 2,000.00 Total Project Cost to date: $ 880,025.35 Estimated Remainder of Asphalt Cost $ 209,979.00 Total Project Estimate: $ 1,090,004.35 REQUEST: The purchase of additional asphalt will be needed in order to complete Part II of the Street Rehabilitation Program for FY 2007-2008. Approximately 5,940 tons of asphalt is needed to complete the remaining roadway segments of the project. Tulsa Asphalt Company is included as an eligible vendor from the State of Oklahoma Bid List and will provide the materials needed at a cost of $ 35.35 per ton for a total of $209,979. PROJECT FUNDING: Funds for this project in the amount of $1,065,000 are included in the FY 07-08 Capital Improvements Fund. RECOMMENDATION: Staff recommends Council authorization to purchase asphalt needed to complete the FY 2007- 2008 CIP Street Rehabilitation Project utilizing the Oklahoma State Bid from Tulsa Asphalt Company of Tulsa, Oklahoma in an amount not to exceed $210,000. ATTACHMENTS: Site Location Map FY 2007-2008 Street Rehabilitation Program MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: REQUEST FOR ACCEPTANCE OF THE LAKE RIDGE SHOPPING CENTER FINAL PLAT DATE: JULY 15, 2008 BACKGROUND: The City of Owasso had received a request from OLT Commercial Division, LLC applicant/owner, for the review and acceptance of the Lake Ridge Shopping Center Final Plat. The Final Plat was reviewed at the June 9, 2008 Owasso Planning Commission meeting. At that time, the Planning Commission tabled the item to obtain further information in regards to the entrances/exits on the property. Since that time, the applicants have addressed all of the Planning Commission's concerns and wish to have the Lake Ridge Shopping Center Final Plat heard at the July 7, 2008 meeting. The Final Plat proposes one (1) lot in one (1) block on 0.65 acres of property. The applicant wishes to plat the property so that they may develop aretail/commercial sales center. LOCATION: The subject property is located on East 86th Street North and about a quarter of a mile west of North 129th East Avenue and situated between the Long Office Center and the Bank of the Lakes. EXISTING LAND USE: Undeveloped SURROUNDING ZONING: North: Agriculture Northeast: Commercial Shopping East: Office Light Intensity West: Office Light Intensity PRESENT ZONING: The subject tract is zoned CG (Commercial General). DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that maybe development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of--way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and approved by city staff. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The applicant is requesting the review and approval of the Lake Ridge Shopping Center final plat so they may plat and eventually develop the property with a full commercial sales center. The property is zoned CG (Commercial General). The designation outlines the development standards for the property in a commercial manner. The proposed layout for the commercial sales center is associated with the plat and is allowed by right according to the zoning designation. According to the final plat, the developer would like to create one 0.65 acre lot, recognized as Lot 1, Block 1, Lake Ridge Shopping Center, which would be the proposed site of the commercial sales building. The plat was tabled at the June 9, 2008 meeting in order to provide time for further research regarding mutual access agreements to the west, limits of no access along East 86th Street North, identify curb cuts on the adjacent properties, and the properties detention. The main access into the Lake Ridge Shopping Center will be from East 86th Street North. The applicant has shown a total of 45' to be designated on the site plan for ingress and egress. The 45' that is designated for ingress and egress would consist of two points of access, which includes the 30' entrance/exit on the east side of the property and an entrance on the west side of the property being 15'. There is an existing entrance/exit on the west side of the property that has been partially utilized by the office center to the west of the subject tract. A mutual access agreement has been established defined on the final plat. Between the two points of access, 80' has been deemed as limits of no access. The plat does show the curb cuts on the adjacent properties and does address the stormwater detention. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved streets and sidewalks. Commercial sewer and water service will be provided by the City of Owasso. The property will be subject to Storm Siren fees of $35 per acre. TECHNICAL ADVISORY COMMITTEE: The Lake Ridge Shopping Center Final Plat was reviewed by the Owasso Technical Advisory Committee at their regular meeting on June 25, 2008. At that meeting, utility providers and city staff were afforded the opportunity to comment on the application and request any changes or modifications. All comments have been addressed. PLANNING COMMISSION HEARING: The Owasso Planning Commission considered the request at a public hearing on July 7, 2008. At that meeting the Planning Commission unanimously recommended that the City Council accept the Lake Ridge Shopping Center Final Plat. RECOMMENDATION: Staff intends to recommend Council approval of the Final Plat for Lake Ridge Shopping Center. ATTACHMENTS: 1. General Area Map 2. Lake Ridge Shopping Center Final Plat i ~, ~ ~~ ,, , ~~ ~- E ~ ,r i j , ~. ~ TYANN ~ l /ry VIU~ J•/ ~ ~ ~ j TYANN PLAZA I TYANN PLAZA /x y ~,o >~G~Z \ ~ ~~~~ C ~,~ i~ :J Y CLARK PLAZA FOURTH= ANN PLAZA V rn~P~ov T ~~ BAl/~ Drh\ ~~ ~~ N Z ~~ ~--t LAKE RIDGE SHOPPING CENTER 6/4/08 Legend North MAP IS F®R Ila7l=®.1~-"!-~TI~N PriJ^?'~SE *~Ng.~ ~STEa ~S N~~ ~NTEN~ ~;~ 'sue ESFiNT P_N ~. CCriJ ~ ~ ~`+ _ - •- , - --- - c ~ ~, ~ n-. - -~-- CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 OLT COMMERCIAL DIVISION, L.L.C. Deed or Dedi. uI- . arm N,w A Fueuc sr cYS ..w ulux usrNrn�tt OertaF ResMctlans Ndnw s P+�i ,�"`.an�P�...w", +�wa•: � ro� � *ec ux�cxavm c.s �ucc 4 xvW S4iTASY A +a STGN SawP. �` x .s uo� un awL : wcvwa+e rue TiE rx >m;nN v ne P.wc e+m ,w, +.e xwnzYres, �ew rKKms �eATm cn.,� : ca sT .un � r+nm M w.mum»I a wKC x ax s FIZ Z aPoVivK :.cw mJ_ .� Nh MICN u,.v INl[xRR wM 5atl +5 e,F :AT utY 9E beMt 3 SEV+..'S 4E ie%e !M(MNMeY uAtilpe.t�t£ � RS ueMCR wA1eR Nn£ uW �„ N )T M tYANd :f U ".M lnT sar.LL c +Y ci :� Wtif de yyev: +Mx' O Y+tN F.fLRS UvYb M erteicif R EY .C15 W {MCCESS r(M�iY5 [UU MdT TO ML G'D�idT w.v2 910w, CN M M�/.T F�OaKW3TMLL c. u,,>NV1rNC, NWq,NC W ?6.AApeG AxY >OR1RW q RS uN'.gtM.AA.4 wA1FA UE IAVIRS M �� �I� �aw1SUJ�iNE�M..Oe�� OwF [ al I�Af uH6S N A�E^edRegE N�v{+�E BY w. wATfR !DeN:.[. AruiAelL ww1Qe W+U. AE P,AifY1A5Ll PNMe M ertY a aw+!:•[.. vramaQawwx HMNW 44peRTFeWL :w,JN>mPttNwDApwme,xon:anssc -AA a r. WceESS. TtlCS4 Axo NxlcwArs w :Y.a mwu +r.o. u .%.a 9. µow +.ea,o.Aa Nm M FINAL PLAT LAKERIDGE SHOPPING CENTER A PART OF THE SOUTHEAST WARIER (SE /4) OF SECTgN 20 TOWNSHIP 21 NOR1H. RANGE 14 EAST AN ADDITION TO THE CITY OF OWASSO. TULSA COUNTY. OKLAHOMA 1 LOT W 1 BLOCK 0.65 ACRE TRACT ZONED. CG OWNER / DEVELOPER: SURVEYOR: BENCHMARK SURVEYING 302 8 EAST 5TH AVE. OWA.SSO' OK 74055 (918} 274 -9081 CERTIFICATE OF AUTHORIZATION NO. 1289 RENEWAL DATE: JUNE 30, 2008 k �S� r� itT i� g�pOg NC CffiVTS1, B LOE[ t C 1e1R R. K ,� 'Nt ca 4f IL DiM' :P ex_ -- -- �I- ZLW am srxar "m OLT COMMERCIAL DIVISION, L.L.C. P.C. BOX 419 OWASSO. OK. 74055 PHONE: (918) 272 -5338 ENGINEER KELLOGG ENGINEERING, INC. 6755 SOUTH 4060 ROAD TALALA, OKLAHOMA 74080 (918) 275 -4080 CERTIFICATE OF AUTHORIZATION NO. 2788 RENEWAL DATE: JUNE 30, 2009 POC PLAT N0. SNP � mcATSw >ry ua r.as or,NER's CEP.Ta1C.AlE cERTIF1cATE rF SNRrET aaxn uaAxou i •,s CERMCATE x RNAL PUT APPN L L4J(£AfDG£ SHOPPING (EN! Fq REUSED: .NNE 20. 2008 gfIIN, MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ANNEXATION - OA-08-02 DATE: JULY 8, 2008 BACKGROUND: The City of Owasso has received request to review and approve the annexation of approximately three (3) acres, on properties recognized as 708, 709, 710, and 711 North Carlsbad EXISTING LAND USE: Large Lot Residential /Agriculture SURROUNDING LAND USE: North: Single-Family Residential South: Single-Family Residential East: Single-Family Residential West: Single-Family Residential PRESENT ZONING: AG (Agriculture District) Tulsa County DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. ANNEXATION REVIEW PROCESS: The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted the ordinance is circulated to appropriate regional and national agencies for recording and altering maps. ANALYSIS: The applicants are requesting to annex approximately 3 acres of land which contain three parcels, located at the north end of North Carlsbad. The subject tracts have existing single family dwellings. The properties are bordered, on all sides, by land that is within Owasso's city limits. The owners are requesting annexation in order to receive city services such as police. The subject tract is surrounded by areas that are located within the City of Owasso, and this annexation is consistent with the City of Owasso's Annexation policies. The cul-de-sac around which the subject tracts are located is in need of pavement and drainage repair. This project is being studied by the Owasso Public Works Authority. With this study staff intends to identify future right-of--way needs and requests that the right-of--way be designated prior to the time of the annexation. Should the properties be annexed, such improvement work should be prioritized and scheduled as part of the City's annual street rehabilitation program. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. OWASSO ANNEXATION COMMITTEE: The Owasso Annexation Committee reviewed the request on June 25, 2008. There was discussion regarding the future dedication of road right-of-way on North Carlsbad. The Owasso Annexation Committee recommended approval with no negative concerns. PLANNING COMMISSION HEARING: The Owasso Planning Commission considered the request at a public hearing on July 7, 2008. At that meeting the Planning Commission unanimously recommended that the City Council approve the annexation request. RECOMMENDATION: Staff recommends Council approval of the request to annex the property into the corporate limits of the City of Owasso. ATTACHMENTS: 1. General Area Map ~ ~~ ~/, k~ la F9 !~ p ~~~ ~`"'~ ~ ~ ~'~ ~; ~ ' .~ ~. ..~ '+ ~ a~ . • a °ae ' ° ~ 15~'~li:! ~~ ~, , .~-1'111 ~' ~`~..__ _.y.I; A ~ '~~~ ~~ ~>~ ~.~, .~<- / 9~iP~ ~~;~ ~ ~~~ ' y ' y r ~ ~ 9 n~~~~ v r ~.., ~, ~ ~,. ~ ~ ~ ~ 6 ~. ., w -- - , .~~ ~, it .~ r e r +/~ £ if q ~ "'77T~~ i ~~ , u ~~~~ iY'' .:~` "~ _~ y 1'r'o. ~ ~ ~ ;i,-. S~ ~ ~ ~~ e.. a '- :k w ~ ` ~ ~,~ w North Carlsbad Proposed Annexation Area CITY OF OWASSO 6/10/08 Legend 111 N. Main street P.o. BoX 180 Owasso, OK 7405 North THIS MAP 1S FOR INFORMATION PLJRP05F. C7N-I,Y ANC- YS NOT INTENT7F.D `I'C7 REPIZE SENT AN ACCURATE AND TKUE SCALF,_ USE OY' THIS MAP 1S WITHOUT 918.376.1500 WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCT TRACY. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY DAN YANCEY CHIEF OF POLICE SUBJECT: PROPOSED ORDINANCE ALLOWING POLICE ACCESS TO HOTEL AND MOTEL REGISTRATION RECORDS DATE: July 15, 2008 BACKGROUND: The majority of hotel and motel corporate policies prohibit disclosure of guest registration information to third parties, including law enforcement, absent a court order or a statutory provision compelling such disclosure. Fear of litigation initiated by hotel guests aggrieved by unauthorized disclosure of their personal information commonly results in a hotel's reluctance and refusal to provide information about its registered guests when asked by law enforcement to do so. While a hotel's desire to avoid costly litigation is understandable, the inability of police officers to obtain timely information when urgently needed regarding the identity and location of a guest at the hotel or motel creates a substantially more critical concern. Recognizing that the majority of hotels and motels are unwilling to provide registration information without a court order or statutory mandate due to a desire to avoid legal reprisals, a number of cities have adopted ordinances requiring hotel and motel guest registration records to be provided upon request for inspection by law enforcement officers. An ordinance of this type makes disclosure of the requested records mandatory and does not afford the hotel or motel an option to deny or otherwise refuse to comply with the request. When a hotel or motel is compelled by law to disclose guest records to law enforcement, the threat of potential liability faced by the hotel or motel is largely eradicated. A hotel or motel can only be held liable when the disclosure of a guest's records is a voluntary act that the hotel or motel is not required to do. A hotel or motel cannot be held liable for disclosing guest registration records in compliance with the law. The proposed ordinance under consideration by the City Council establishes several basic requirements that hotels and motels located within the City of Owasso must meet. These provisions include: 1) a requirement that the guest rooms on each floor of the hotel or motel be clearly marked and numbered in such a way that rooms may be quickly located in an emergency, 2) a requirement that all guests registering with a hotel or motel submit basic information, including the person's identity and address, and a corresponding requirement that hotels and motels retain such registration records for a period of at least three (3) years, 3) a provision 1 prohibiting hotels and motels from renting rooms to minors who are not accompanied by a parent or another authorized adult, and, 4) a requirement that all guest registration records be disclosed, upon request, to any officer of the Owasso Police Department. Failure to provide guest registration records for inspection upon request to an Owasso police officer in the manner set forth in this section is punishable by a fine of Two Hundred Dollars ($200.00), and may be assessed for each day the hotel or motel unlawfully refuses to disclose the requested records. In addition to the requirements delineated above, it is equally important to clarify what this ordinance does not do. Most importantly, the ordinance only applies to the production and inspection of hotel records, and nothing within the ordinance in any way affects or allows increased access into a hotel or motel guest's room by law enforcement. The ability of law enforcement officers to enter a dwelling or hotel room under certain conditions without a warrant is strictly governed by state and federal laws as well as the U.S. Constitution, and is in no way made automatic or easier by this ordinance. In short, this ordinance only addresses law enforcement's access to registration records and has no impact whatsoever upon the well established state and federal laws governing the ability of police officers to enter a hotel or motel room without a warrant. Adoption of this ordinance would significantly enhance the ability of the City of Owasso's police officers to take the action necessary in critical situations, and would serve to protect both the police officers and other hotel guests in these types of situations. While circumstances requiring disclosure of guest registration records fortunately do not occur frequently, certain situations do require swift law enforcement intervention and it is critical that police officers have timely access to accurate guest registration records. Situations of this type include 1) locating and protecting runaway juveniles staying in a hotel or motel room with an adult other than a parent or guardian or other person authorized by the minor's parent or guardian, 2) locating and apprehending persons suspected of having committed serious crimes, and, 3) safely locating and apprehending individuals pursuant to an outstanding arrest warrant. Ordinances similar to the one presented for the City Council's consideration have been adopted by a number of municipalities throughout the country, and by several municipalities within the State of Oklahoma, including the City of Tulsa. The ordinance adopted by the City of Tulsa is substantially similar to the proposed ordinance. The constitutionality of that ordinance was challenged in court several years after it was adopted, and was ultimately upheld by the Oklahoma Court of Criminal Appeals. In that decision, the Court expressly affirmed that municipalities within the State of Oklahoma possess the necessary police powers to promulgate and enforce an ordinance making disclosure of guest registration records to law enforcement officers mandatory. Appellate courts in other states have held likewise. A provision designed to serve as a "checks and balances" measure has been included within the proposed ordinance. Paragraph (G) requires disclosure of guest registration records by hotel and motel employees but also mandates that the police officer requesting guest registration records obtain authorization from the Chief or Deputy Chief of the Owasso Police Department prior to issuing a request for the records. This provision ensures that guest registration records will be requested for inspection only when law enforcement's need for such records outweighs a hotel or motel guest's expectation of privacy. The particular circumstances of each situation will be 2 reviewed by the Chief or Deputy Chief, and requests for hotel and motel guest registration records will only be issued when the Chief or Deputy Chief determines that the request for disclosure is justified. This provision is unique to the ordinance under consideration by the City Council and clearly evidences the City's commitment to protect the privacy rights of hotel and motel guests to the fullest extent possible. RECOMMENDATION: Staff recommends City Council approval of ordinance No. 926, to be codified if approved as Section 10-614, Police Access to Hotel and Motel Registration Records. ATTACHMENTS: Proposed Ordinance No. 926, to be codified if approved as Section 10-614, Police Access to Hotel and Motel Registration Records. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 926 AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 6, OFFENSES AGAINST PUBLIC AUTHORITY, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY REQUIRING DISCLOSURE OF HOTEL AND MOTEL REGISTRATION RECORDS TO POLICE OFFICERS UPON REQUEST AND ESTABLISHING PENALTIES FOR VIOLATIONS. THIS ORDINANCE AMENDS PART 10 OF THE CITY OF OWASSO CODE OF ORDINANCES BY CREATING SECTION 10-614, POLICE ACCESS TO HOTEL AND MOTEL REGISTRATION RECORDS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part 10, Offenses and Crimes, Chapter 6, Offenses Against Public Authority, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by enacting and codifying as follows: SECTION TWO (2): SECTION 10-614 POLICE ACCESS TO HOTEL AND MOTEL REGISTRATION RECORDS A. NUMBERING OF ROOMS. Any person engaged in the operation of any hotel, motel or rooming house shall cause each and every room, apartment or suite which is rented or let in such building to be numbered in a plain and conspicuous manner by some approved system of numbering, in such a manner that no two rooms shall have the same number and such that the numbers shall increase or decrease uniformly from one room to the succeeding room or rooms and from one floor to the succeeding floor or floors. B. REGISTRATION. Each and every person owning or operating a hotel, motel or rooming house is hereby required to maintain records containing the name, address, date of registration and date of departure for each person who registers as a guest in the hotel or rooming house. No person shall be received as a guest of any hotel, motel or rooming house who refuses to provide the information required by this section. C. FALSE REGISTRATION. It shall be an offense for any person to falsely register in any hotel, motel or rooming house under any name other than his or her true and full name. D. REGISTRATION RECORDS PRESERVED. Each and every person owning or operating any hotel, motel or rooming house shall keep and preserve all records containing the information required by this section for each and every person registering as a guest at the hotel, motel or rooming house. These records shall be kept for a period of not less than three (3) years from the date of registration. It is the intent of this section that these records shall show a complete and full list of all guest registrations for the last three (3) years at any hotel, motel or rooming house within the City of Owasso. E. MINOR GUESTS. Every person owning, conducting or operating a hotel, motel or rooming house is hereby required to immediately report: 1) registration of a minor under the age of eighteen (18) as a guest in the hotel when the minor is not accompanied by his or her parent or guardian or another adult authorized by the minor's parent or guardian, and, 2) the presence of a minor in any guest's room without a parent, guardian or other adult authorized by the parent or guardian, to the Police Department. The report shall give the name, age, location and place of residence, if known, of the minor. F. RESISTANCE TO POLICE. It shall be an offense for any person to refuse, obstruct or resist admittance to any member of the Owasso Police Department into the hallways, lobby, common areas or office of any hotel, motel or rooming house, except such room or apartment as may be actually occupied by a person as a private room. G. INSPECTION OF RECORDS. Records of guests which are required by this chapter to be kept by proprietors of hotels, motels and rooming houses shall at all times be subject to the inspection of any police officer within the City of Owasso Police Department. The police officer requesting such records shall obtain authorization from the Chief or Deputy Chief of the Owasso Police Department prior to requesting production of hotel, motel or rooming house guest registration records for inspection. The Chief of Police shall maintain a written log noting the date of each request to the Chief or Deputy Chief of Police for authorization to compel disclosure of records by a hotel, motel or rooming house was made, the name of the police officer requesting the authorization, the reasons for the request and the disposition of the request. In no event shall a police officer issuing a request for production and inspection of hotel or motel guest registration records be required to produce or show an owner, operator, employee, agent or guest of the hotel or motel evidence of authorization by the Chief or Deputy Chief of the Owasso Police Department. It shall not be a defense under this section for any owner, operator, employee, agent or guest of a hotel or motel to assert that authorization from the Chief or Deputy Chief was not produced or shown to them by the police officer requesting the registration records. H. PENALTY. Failure of an employee or agent of a hotel, motel or rooming house within the City of Owasso to produce records when requested to do so by the City of Owasso Police Department shall be a violation of this section and shall be subject to the penalties set forth herein. Unless otherwise provided in this chapter, any person violating any of the provisions of this section shall be guilty of an offense and, upon conviction, shall be punished by a fine of not more than TWO HUNDRED DOLLARS ($200.00), excluding costs, fees and assessments. Each day such violation is committed or permitted to continue shall constitute a separate offense for which a separate fine may be assessed. 2 SECTION THREE (3): REPEALER All ordinances or parts of ordinances in conflict with this amended ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date the ordinance was adopted by the City council, as provided by state law. SECTION SIX (6): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by creating an ordinance to be codified in Part 10, Chapter 6, as section 10-614, Police Access to Hotel and Motel Records. PASSED by the City Council of the City of Owasso, Oklahoma on the 15th day of July, 2008. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this 15`" day of July, 2008. Julie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY DAN YANCEY CHIEF OF POLICE SUBJECT: PROPOSED ORDINANCE REQUIRING VENDORS SELLING AND SERVING ALCOHOL AND 3.2 BEER TO OBTAIN A LICENSE FROM THE CITY OF OWASSO DATE: July 15, 2008 BACKGROUND: In 2007, the Owasso Police Department began performing alcohol and 3.2 beer compliance checks as a part of the "Too Much To Lose," (" 2M2L") program. The 2M2L program targets the problem of underage drinking and addresses the ways in which minors obtain access to alcohol. As a part of the 2M2L initiative, a volunteer "buyer" enters an establishment that sells or serves alcohol and attempts to either 1) purchase beer for consumption off the premises if the vendor is a convenience or liquor store, or, 2) purchase beer to be served and consumed on the premises if the vendor is a bar or restaurant. The "buyers" used in the 2M2L program are minors who have volunteered to assist the Police Department in the 2M2L compliance checks and have received appropriate briefing and training from the police officers conducting those checks. The 2M2L program was initiated by the City of Owasso's Police Department in response to growing concerns that underage drinking has become a serious and escalating problem throughout the country and within this community. The initial compliance checks revealed that a significant number of vendors did in fact sell or serve 3.2 beer to minors, and that the vendors also failed to require or even request identification and proof of age from the minor. The number of vendors failing the compliance checks has varied since the 2M2L initiative began, but the failure rate has at times risen as high as fifty percent (50%), meaning that half of the businesses visited during one compliance check sold beer to a minor without requesting or requiring proof of legal age. It became apparent after several compliance checks were conducted that some vendors were continuing to sell and serve alcohol to minors even after failing several previous compliance checks, and that these vendors were not modifying their internal policies, procedures or employee training methods to comply with the law. A number of vendors failing compliance checks protested that their employees were required to obtain age verification before selling or serving beer or alcohol, and had simply neglected to do so on this occasion. These same vendors continued to fail compliance checks, however, and it became clear that the vendors had not implemented corrective training for their employees or instituted remedial policies requiring their employees to obtain proof of age before selling or serving beer or alcohol to customers. Based upon the continued compliance check failure rates, and the apparent failure of some local vendors to address and correct this problem, Staff believes that adoption of an ordinance imposing more effective penalties upon vendors who continue to sell or serve beer to underage youth is critically needed. Currently, citations are issued by the police department to the employee actually making the sale or serving the beer to the minor. The police department's lack of recourse against the actual vendor itself has contributed to the continuing compliance check failure rates. Issuing citations to vendors' employees who sell or serve beer or alcohol is clearly insufficient to eradicate or even minimize this critical problem. The citation does not have a direct or significant effect upon the vendor and fails to persuade vendors to implement and enforce age verification requirements. PROPOSED ORDINANCE: The proposed ordinance presented for consideration to the City Council would require all vendors who serve or sell alcohol and/or 3.2 beer within the City of Owasso to obtain a license from the City. The process for obtaining a license would only require a vendor to submit an application form to the City Clerk and pay a moderate license fee ($20 for vendors selling and serving alcohol and/or beer for on-site consumption, and $10 for vendors selling alcohol and/or beer for consumption off-site). This fee schedule complies with applicable state laws establishing the maximum fee that may be assessed by a municipality for alcohol and/or 3.2 beer licenses. Under the proposed ordinance, a vendor that fails to obtain a license from the City of Owasso will be prohibited from selling or serving alcohol or 3.2 beer until such time as the license is obtained. Vendors selling or serving alcohol or beer without a license will be subject to a fine of One Hundred Dollars ($100.00) per day until the license is obtained. If the vendor continues to sell or serve beer or alcohol without the required license, the City shall be authorized to seek an injunction from the District Court prohibiting the vendor from selling or serving beer or alcohol until the required license is procured. Likewise, a vendor that continues to sell or serve alcohol or 3.2 beer after the vendor's license has been suspended will be subject to a fine of Two Hundred Dollars ($200.00) per day for each day that alcohol and/or beer are sold or served during the suspension. If a vendor sells or serves alcohol or beer to a minor and consequently fails a compliance check, the City may suspend the vendor's license to sell or serve beer pursuant to the schedule outlined below. The consequences for selling to or serving a minor are set forth in the proposed ordinance on a graduated scale based upon the number of convictions a vendor's employees incur within atwenty-four (24) month period for this offense: 1) First Conviction - A written warning will be issued to the vendor notifying the vendor that additional convictions will result in suspension of the vendor's license; 2) Second Conviction -The vendor's license to sell or serve alcohol and 3.2 beer will be suspended for three (3) days; 3) Third Conviction -The vendor's license to sell or serve alcohol and 3.2 beer will be suspended for seven (7) days; 4) Fourth Conviction -The vendor's license to sell or serve alcohol and 3.2 beer will be suspended 2 for thirty (30) days, and, 5) For all Convictions following the Fourth offense -The vendor's license to sell or serve alcohol and 3.2 beer will be suspended for an additional thirty (30) days. If a vendor continues to incur additional thirty (30) day suspensions within atwenty-four (24) month period, the City shall be authorized to revoke the vendor's license for habitual noncompliance or seek an injunction from the District Court prohibiting the vendor from selling or serving alcohol until such time as the vendor complies with the requirements of this section. The proposed ordinance establishes a method by which the City may impose consequences upon vendors (rather than the vendors' employees) that consistently violate the law by selling or serving alcohol or 3.2 beer to minors. While the Police Department currently has the authority to issue citations to the employees who actually sell or serve the alcohol or 3.2 beer to minors, the City presently is without an ability to impose sufficient consequences upon the vendor. Not surprisingly, issuing citations to the vendors' employees has little effect on the internal policies of the vendors, and thus far has not adequately motivated vendors to insist that their employees obtain age verification before selling or serving beer or alcohol. Suspension of a vendor's license to sell or serve alcohol and/or beer, however, directly affects the vendor and potentially subjecting the vendor to the loss of significant revenues generated by beer and alcohol sales. It is anticipated that enforcement of the penalties established within this section will be substantially more effective in preventing beer or alcohol from being sold or served to minors. PUBLIC HEARING AND NOTICE: A Public Hearing soliciting citizen input and comment regarding this proposed ordinance was held during the City Council's regular meeting on June 17, 2008. Prior to that date, an article was published in the Owasso Reporter which generally summarized the proposed ordinance and the new requirements it would impose upon vendors selling and/or serving alcohol and 3.2 beer in Owasso. Two citizens, both of whom are affiliated with vendors that would be directly affected by the proposed ordinance if it were adopted, attended the hearing. Only one of those citizens spoke during the public hearing, and that citizen merely addressed a clarifying question to the Council. None of the citizens attending the Public Hearing spoke in opposition to the proposed ordinance. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 927 to be codified if approved as Section 9-114, License for the Sale and Serving of Alcohol and 3.2 Beer. ATTACHMENT: Proposed Ordinance No. 927 to be codified as Section 9-114, License for the Sale and Serving of Alcohol and 3.2 Beer if approved. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 927 AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS, CHAPTER 1, OCCUPATIONAL LICENSES, GENERALLY, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY REQUIRING VENDORS SELLING AND SERVING ALCOHOL AND 3.2 BEER TO OBTAIN A LICENSE FROM THE CITY, PROVIDING GROUNDS FOR SUSPENSION AND REVOCATION OF A VENDOR'S LICENSE, AND ESTABLISHING THE PENALTIES FOR A VENDOR'S FAILURE TO OBTAIN A LICENSE AS REQUIRED BY THIS SECTION AND FOR SELLING OR SERVING ALCOHOL OR 3.2 BEER TO ANY PERSON WHILE THE VENDOR'S LICENSE IS UNDER SUSPENSION. THIS ORDINANCE AMENDS PART 9 OF THE CITY OF OWASSO ORDINANCES BY CREATING SECTION 9-114, LICENSE FOR THE SERVING OF ALCOHOL AND 3.2 BEER. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part 9, Licensing and Business Regulations, Chapter 1, Occupational Licenses, Generally, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by enacting and codifying as follows: SECTION TWO (2): SECTION 9-114 LICENSE FOR THE SALE AND SERVING OF ALCOHOL AND 3.2 BEER A. LICENSE REQUIRED. 1) LICENSE APPLICATION. It shall be unlawful for any business, vendor or person within the City of Owasso to serve, sell or offer for sale alcohol and/or 3.2 beer without a license issued by the City of Owasso as hereinafter provided. Every vendor desiring to engage in business as a retail vendor serving or selling alcohol or 3.2 beer, or to continue operating as a vendor selling or serving alcohol or 3.2 beer within the City of Owasso if doing so at the time this ordinance is adopted, shall make application to the City Clerk on forms available in the Office of the City Clerk. A license shall be issued to each vendor whose application is approved. 2) SUSPENSION OR REVOCATION OF LICENSE. The license granted by the City of Owasso shall at all times be displayed in public view in the vendor's place of business. This license may be suspended or revoked as provided herein if the vendor, or any person or agent employed by the vendor or acting on the vendor's behalf, is convicted of the offense of selling or serving alcohol to a minor, or enters into a plea bargain agreement CODE OF SALE AND 1 after being charged with such offense. "Conviction" throughout this section shall be deemed to include entry of a guilty or polo contendre plea by any person charged with selling or serving alcohol or 3.2 beer to a minor. Each vendor making application for a license under this section shall expressly acknowledge the vendor's awareness that a license granted pursuant to this section may be suspended or revoked by the City of Owasso if an owner, officer, director, manager, employee or agent of the vendor is either convicted of selling or serving alcohol or beer to a minor on the vendor's behalf or enters into a plea bargain agreement after being charged with such offense. It shall not be a defense under this section for a vendor to assert or claim that an employee or agent of the vendor unlawfully sold or served alcohol or beer to a minor contrary to the vendor's rules, policies, procedures or training. Assertion of such a defense will not prevent the vendor's license from the penalties set forth in paragraph (H) of this section. 3) ACKNOWLEDGEMENT OF COMPLIANCE CHECKS. A vendor shall specifically acknowledge awareness on the license application submitted to the City of Owasso that alcohol compliance checks are performed on a regular and ongoing basis in the community by law enforcement, and shall further acknowledge the vendor's consent to such compliance checks as a necessary condition of obtaining and retaining a license from the City of Owasso under this section. The vendor shall also acknowledge on the application its awareness that conviction of the vendor's employee or agent for the offense of selling or serving alcohol or beer to a minor, or the acceptance of a plea bargain agreement by the employee or agent after being charged with such offense, will result in suspension or revocation of the vendor's license as provided in paragraph (H). B. LICENSE FEE. 1) ALCOHOL OR BEER NOT TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual fee of ten dollars ($10.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell alcohol and/or 3.2 beer which is not intended to be consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January 1St through December 31St. The license fee for an initial license shall be prorated if such license is granted for less than a full calendar year. The fee for annual license renewals shall not be prorated. 2) ALCOHOL OR BEER WHICH IS INTENDED TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual license fee of twenty dollars ($20.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell or serve alcohol and/or 3.2 beer which is intended to be consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January 1St through December 31St. The license fee for an initial license shall be prorated if granted for a period of time less than a full calendar year. The fee for annual license renewals shall not be prorated regardless of when the application for annual renewal is filed. 2 C. LICENSE APPLICATION. Application for a license to sell or serve alcohol or beer by a vendor located within the City of Owasso shall be made by completing and submitting the application form to the City Clerk. The form shall include the vendor's business name, the owner's name and address if the business is a sole proprietorship, the name of the president and all other officers and directors if the business is a corporation, and the names of all partners or members if the vendor is a partnership or a limited liability company. The application form shall also require the vendor to submit information verifying that the vendor has obtained the necessary permits required by state law from the District Court in the county where the vendor is located and the Oklahoma Tax Commission. The application form shall also require information regarding the number of each permit and the date each permit was granted to the vendor. It shall be unlawful for any person to make any false statement on the application form. Knowingly or intentionally submitting an application containing false information shall be unlawful and shall serve as grounds for denial, suspension or revocation of a vendor's license issued by the City of Owasso. D. LICENSE ISSUANCE. A license under this section shall be issued to a vendor when the applicant has completed each of the following requirements: 1) Obtained a county permit from the District Court Clerk and satisfied other applicable requirements under State law. 2) Satisfactorily submitted the application required under this section to the City Clerk. 3) Paid the required license fee as set forth above in paragraph (B) to the City of Owasso. All licenses shall be issued for one (1) calendar year from January 1St to December 31St. The fee for any license issued after the effective date of this ordinance, and for a period of less than one (1) calendar year, shall be prorated accordingly. Payment of annual license fees must be made within thirty (30) days from the date the license expires. Any vendor failing to pay the annual fee within thirty (30) days from the date the license expires, or within thirty (30) days from the date the vendor begins selling or serving alcohol or 3.2 beer if a new application, shall be subject to the penalties set forth in paragraph (H)(2) of this section. E. SALE, BARTER OR GIFT. It shall be unlawful for any person or business licensed under this ordinance to sell, serve, barter or give to any person under the age of twenty-one (21) any beverage containing alcohol or 3.2 beer. Conviction, or acceptance of a plea bargain, by an employee or agent of the vendor for such an offense shall subject the vendor's license to sell or serve alcohol or 3.2 beer to suspension or revocation by the City as provided below in paragraph (H). 3 F. MISREPRESENTATION OF AGE. It shall be unlawful for any person to misrepresent their age to any vendor for the purpose of obtaining or facilitating the sale or serving of alcohol or 3.2 beer. G. TRANSFERS. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. If a business holding a license under this section is sold, a new license must be obtained by the new owner. A separate license for each location of businesses with common ownership, including all chain stores and businesses owned and operated pursuant to franchise agreements, must be obtained by a vendor operating more than one (1) business engaged in the business of selling or serving alcohol and/or 3.2 beer within the City of Owasso. H. PENALTIES. (1) SUSPENSION OF LICENSE. (a) A license granted under this section may be revoked or suspended by the City Manager, without a hearing subsequent to conviction of the vendor, its employees or agents, for the sale of alcohol or 3.2 beer to a minor, or by the acceptance of a plea bargain for such an offense. In addition to the fines and penalties which may be imposed upon the employee or agent serving or selling alcohol or 3.2 beer to a minor, the following sanctions shall be imposed upon the vendor: (i) 1st Conviction of the vendor or its employees or agents within atwenty-four (24) month period will result in the issuance of an official written warning to the vendor that additional convictions will result in suspension of the vendor's license. (ii) 2nd Conviction of the vendor or its employees or agents within atwenty-four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for three (3) consecutive days. (iii) 3rd Conviction of the vendor or its employees or agents within atwenty-four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for seven (7) consecutive days. (iv) 4th Conviction of the vendor or its employees or agents within atwenty-four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for up to thirty (30) consecutive days. (v) Each additional conviction of a vendor or its employees or agents within a twenty-four (24) month period will result in an additional suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for an additional thirty (30) day period. (b) The vendor shall have the right to appeal the decision of the City Manager to the City Council within five (5) business days of the City Manager's decision to revoke or suspend a vendor's license. The City Council shall hold a public hearing at the next regularly scheduled 4 City Council meeting to consider the matter, and thereafter shall affirm or reverse the decision of the City Manager. If the City Council determines that suspension of the vendor's license is warranted under this section, the suspension shall begin within five (5) business days from the hearing date. During the suspension period the vendor may not sell or serve alcohol and/or 3.2 beer. (2) FAILURE TO OBTAIN A PERMIT AS REQUIRED BY THIS SECTION. Any existing vendor who fails to obtain a permit within thirty (30) days from the date this section becomes effective shall be prohibited from selling or serving alcohol and/or 3.2 beer until such time as a license is obtained by the vendor. All new businesses intending to sell or serve alcohol, for consumption either on or off the vendor's premises, shall be required to obtain a license under this section within thirty (30) days of the date the vendor begins selling or serving alcohol and 3.2 beer. A vendor who continues to sell or serve alcohol and/or 3.2 beer without obtaining an initial or renewed license under this section shall receive an initial written warning and thereafter shall have three (3) business days to file an application with the City Clerk to obtain a license in compliance with this section. Subsequent to the issuance of a warning under this section, a vendor who continues to sell or serve alcohol and/or 3.2 beer after the three (3) day period without obtaining the required license shall be subject to a fine of One Hundred Dollars ($100.00) per day for each day alcohol and/or 3.2 beer are served or sold by the vendor without a license. The City shall also be entitled to pursue injunctive relief and all other available legal remedies in the District Courts against the vendor. In addition, the City shall notify all State agencies vested with licensing, regulatory or review power, including but not limited to the ABLE Commission and the Oklahoma Tax Commission, of the vendor's failure to obtain a permit as required by the City of Owasso Code of Ordinances. (3) VENDOR SERVING OR SELLING ALCOHOL OR 3.2 BEER WHILE UNDER SUSPENSION. Any vendor who fails to adhere to the conditions of a suspension imposed by the City Manager or the City Council and continues to serve or sell alcohol and/or 3.2 beer during such suspension is in violation of this section and shall be subject to a fine of Two Hundred Dollars ($200.00) per day for each day alcohol and/or 3.2 beer are sold or served by the vendor while its license is under suspension. In addition, the City shall be entitled to pursue any legal and injunctive relief, and shall notify the relevant agencies set forth in section (H)(2) above. SECTION THREE (3): REPEALER All ordinances or parts of ordinances, in conflict with this amended ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE 5 The provisions of this ordinance shall become effective sixty (60) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by creating an ordinance to be codified in Part 9, Chapter 1, as section 9-114, License for the Sale and Serving of Alcohol and 3.2 Beer. PASSED by the City Council of the City of Owasso, Oklahoma on the 15t" day of July, 2008. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this 15t" day of July, 2008. Julie Lombardi, City Attorney 6 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: CHELSEA M.E. HARKINS DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: HOTEL TAX DESIGNATION RESOLUTION NO. 2008-OS DATE: July 11, 2008 BACKGROUND: On March 5, 2002 Owasso voters approved a three percent (3%) Hotel Tax. At that time, Owasso had two operating hotels and the anticipated revenue was $60,000. Today the City has three operating hotels anticipating revenue at three percent (3%) tax of $120,000 a year. The Owasso City Council approved a resolution calling an election asking the voters to approve an increase in the rate of the Hotel Tax from three percent (3%) to five percent (5%) on June 17, 2008. The proposition would be placed on the August 26, 2008 ballot with the State Run-off Election. Increasing the Hotel Tax to five percent (5%) produces approximately $200,000 in revenue a year. Each additional hotel will increase the amount of revenue generated based on the number of rooms, room rate and occupancy rate. Three new hotels are either planned or are currently under construction. Based on a five percent (5%) rate, each additional hotel would generate approximately $50,000 to $70,000. The revenue from the two percent (2%) increase in the tax with six hotels will be approximately $140,000. FUNDING: The current ordinance restricts the use of hotel tax funds "to encourage, promote and foster economic development and cultural enhancement, tourism and pursue regional promotion for the City of Owasso, Oklahoma." The benefit of a rate increase would be to fund projects that complement and raise the lifestyle expectations of our residents, businesses and visitors. Discussions at the Staff and Council levels led to the exploration of economic development programs and initiatives that would build strength and vitality for our residential and commercial community. Staff researched and visited several cities and learned about collaborative efforts between neighborhood programs and cities. These programs help preserve the economic energy for communities. The long-term economic stability for our City is dependent on long-term stability for our neighborhoods. STRONG NEIGHBORHOODS INITIATIVE: Owasso has been fortunate to experience several years of robust residential and commercial growth and economic development opportunities. What was once a quiet rural community is now a thriving modern city. Ask a longtime resident of Owasso why they live here and you might get a response that speaks to history of family, commitment to community, and satisfaction of seeing their hometown become a successful city. Ask a newcomer why they chose to move to Owasso and you will likely hear of the reputation of excellence in our schools, and a safe, friendly city committed to positive character and strong family values. It is important to all residents that the investment they have made in the city they chose to call home is protected and continues to grow. Strong neighborhoods are the key to the continued momentum of investment by the business community and steady increase in property values for our residents. Each of our neighborhoods is a community. Neighborhood communities are more than a group of homes in a subdivision. Strong, vibrant neighborhoods are made up of families that are investing in a community with other families who have pride in their home, and a desire to see their children raised in a healthy, safe environment. However, if uncared for, a neighborhood can quickly decline into properties that are neglected, with an increase in code enforcement issues and crime, and a decrease in property values. As this occurs, families move out and the once vibrant community loses its luster. This is evident from nearby cities that did not recognize the importance of keeping neighborhoods strong, safe, and attractive, until it negatively affected their community. The decline of neighborhoods ultimately results in a decline in the appeal for businesses and families to move, invest, and work here. The City recognizes the important role neighborhoods play in our continued success. Making an investment in strong neighborhoods now is minimal compared to the cost of salvaging a neighborhood. Owasso must be as exciting and attractive twenty years from now as it is today. In order to realize the continued investment from the business community, the City must invest in strong neighborhoods. In order to benefit from the continued investment from families seeking a safe, attractive community to raise their children, the City must invest in strong neighborhoods. In order to create a city that incents children who are raised here to remain, it is in the City's best interest to invest in strong neighborhoods. Nothing could have a greater impact on the future of Owasso than to invest in and devote the necessary resources to keeping our neighborhoods as strong years from now as they are today. A Strong Neighborhoods Initiative combines resources from the city, neighborhood residents and community stakeholders to align goals aimed at the continued success of the community. A Strong Neighborhoods Initiative gives residents the ability to effectively address issues that impact safety, code enforcement, and neighborhood appearance, such as gateways into the neighborhood and area parks, as well as nearby business development. Residents participating in a Strong Neighborhood Initiative become engaged in protecting their investments and in planning for the future of our city. A successful Strong Neighborhoods Initiative consists of several components. 1. A commitment from City leaders to protect the investments residents and businesses make in our community. 2. A staff member focused on the strategic goals of the initiative. This Neighborhood Coordinator/Specialist is responsible for leveraging resources, increasing citizen participation and coordinating the collaboration of community stakeholders. 3. A willingness on the part of residents to commit to providing the necessary resources for the success of their neighborhoods. Residents must be willing to invest time, money and "sweat equity." 4. Neighborhoods willing to commit these resources are then eligible for matching assistance from the City. By partnering with the City, neighborhoods are stronger and more successful in meeting their goals. The City must become fully engaged in keeping our neighborhoods strong through a formal initiative that provides residents access to the resources that will ensure continued success and protection of their investment. This initiative ensures the momentum of business investment in the City. Waiting until the effects of decline appear would be a mistake. A benefit of engaging residents in the success of their community is the creation of a network of organizations to provide input on a number of issues that shape the future of our city. To maintain and enhance our economic development efforts, the City must have strong neighborhoods. To ensure this, Resolution No. 2008-OS would direct the additional funding derived from the two percent (2%) increase in the Hotel Tax toward a Strong Neighborhoods Initiative for our community. CITY COUNCIL AND OWASSO ECONOMIC DEVELOPMENT AUTHORITY (OEDA) COMMENTS: City Council - On July 8, 2008, the Council reviewed and discussed Resolution No. 2008-OS and the Strong Neighborhoods Initiative. Council discussed the need to review the progress and accomplishments of the Strong Neighborhoods Initiative after a period of years. Consequently, Resolution No. 2008-OS was revised to include language that would terminate the designation of funds to the Strong Neighborhoods Initiative after five years. OEDA -Resolution No. 2008-OS and the Strong Neighborhoods Initiative were presented to the OEDA on July 10, 2008. After extensive and thoughtful discussion, the Trustees suggested a review be conducted of the level of funding for the Strong Neighborhoods Initiative next budget year and determine if the funding levels are appropriate or need adjustment. The trustees also expressed a desire to have more funding from the hotel tax to be allocated towards more traditional economic development uses. RECOMMENDATION: Staff recommends Council approval of Resolution No. 2008-OS designating the Strong Neighborhoods Initiative as an economic development and cultural enhancement program to receive funding derived from the increased revenue generated from the proposed increase in the hotel tax rate. ATTACHMENTS: 1. Resolution No. 2008-OS CITY OF OWASSO, OKLAHOMA RESOLUTION NUMBER 2008-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, DESIGNATING THE STRONG NEIGHBORHOODS INITIATIVE AS AN ECONOMIC DEVELOPMENT AND CULTURAL ENHANCEMENT PROGRAM TO RECEIVE FUNDING DERIVED FROM THE INCREASED REVENUE GENERATED FROM THE PROPOSED INCREASE IN THE HOTEL TAX RATE. WHEREAS, Owasso voters approved Ordinance No. 699 on March 5, 2002 enacting a 3% Hotel Tax; and, WHEREAS, The Owasso City Council has approved Resolution Number 2008-04 calling for an election on August 26, 2008 for voters to consider increasing the Hotel Tax rate from 3 % to 5 %; and, WHEREAS, Additional Hotel Tax funds will be available if the proposition is approved by Owasso voters; and, WHEREAS, Funds from the Hotel Tax are "set aside and used exclusively to encourage, promote and foster economic development and cultural enhancement, tourism and pursue regional promotion for the City of Owasso;" and, WHEREAS, Strong neighborhoods are foundational to a community's long-term economic vitality; and, WHEREAS, The "Strong Neighborhoods Initiative" is a program designed to build alliances with community neighborhoods, home owner associations, and property owners in an effort to promote neighborhood sustainability, encourage active neighborhood participation and collaboration among residents whose mission is to improve the quality of life throughout the City of Owasso; and, WHEREAS, It is imperative to the future of our community and its economic health that residents are empowered and encouraged to take action in programs and activities intended to increase awareness, health, safety, quality of life, and beautification of Owasso neighborhoods. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to-wit: If the Proposition to increase the Hotel Tax from 3% to 5% is approved by the voters in the City of Owasso on August 26, 2008, the funds thereafter generated by the Hotel Tax shall be designated for economic development and cultural enhancement programs which support the Strong Neighborhoods Initiative. Designation of these funds for the Strong Neighborhoods Initiative shall automatically terminate five (5) years from the date the Proposition increasing the Hotel Tax from 3% to 5% is approved by the voters unless the City Council reauthorizes the designation of such funds for the Strong Neighborhoods Initiative prior to that date. DATED this 15th day of July, 2008. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney