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Home My WebLink About2008.08.19_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: DATE: TIME: PLACE: Regular August 19, 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. on Friday, August 1 S, 2008. ~ 1 . '~ _ , . _ , 1 1 ~~ ~ n , _ „ Stevens, Del'luty City Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Mark Neumann, Faith Lutheran Church 3. Flag Salute 4. Roll Call 5. Citizen request to address the Owasso City Council. Ms. DeLoris Hayes Attachment # 5 Ms. Hayes has submitted a letter of request to address the City Council regarding an increase of code enforcement violations in the residential area located south of E. 76`" Street North along Birch, Cedar, and Dogwood Streets. S-VAgendasVCounci IA2008VOS 19_doc Owasso City Council August 19, 2008 Page 2 6. Citizen request to address the Owasso City Council. Ms. Judith Schneider Attachment # 6 Ms. Schneider has submitted a letter on behalf of the Southern Link Homeowners Association requesting to address the City Council regarding the possible placement of a sound barrier wall along E. 86~h Street North and traffic signalization at the entrance to the subdivision. 7. 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 August 5, 2008 Regular Meeting and August 12, 2008 Special Meeting. Attachment # 7-A B. Approval of Claims. Attachment # 7-B C. Acknowledgement of receiving the monthly FY 2008-2009 budget status report. Attachment # 7-C Consideration and appropriate action relating to a request for Council confirmation of the Mayor's appointments to the Owasso Planning Commission. Mayor Cataudella Attachment # 8 The Mayor will recommend Council confirmation of Dr. Mark Gallery and Dr. Paul Loving as citizen appointments to the Owasso Planning Commission. Owasso City Council August 19, 2008 Page 3 9. Consideration and appropriate action relating to a request for Council approval of an agreement between the City of Owasso and Grand Gateway EDA for the purpose of providing Pelivan Transit, a demand response transportation service, and authorization for the City Manager to execute such agreement. Mr. Wiles Attachment # 9 Staff will recommend Council approval of an agreement between the City of Owasso and Grand Gateway EDA for the purpose of providing Pelivan Transit Service in the amount of $49,393 and authorization for the City Manager to execute such agreement. 10. Consideration and appropriate action relating to a request for Council approval of the Burberry Place Final Plat, proposing eighty-nine residential lots on approximately 29.82 acres generally located south of E. 106'h Street North, %2 mile east of N. Garnett Road. Ms. Darnaby Attachment # 10 Staff will recommend Council approval of the Burberry Place Final Plat. 11. Consideration and appropriate action relating to a request for Council approval of The Sevens Final Plat, proposing mixed use commercial development on approximately 7.5. acres generally located on the east side of N. Garnett Road, west of the Owasso Expressway, and south of Smith Farm Market. Ms. Darnaby Attachment # 1 1 Staff will recommend Council approval of The Sevens Final Plat. Owasso City Council August 19, 2008 Page 4 12. Consideration and appropriate action relating to a request for Council approval of a Development Agreement among the OPWA, Morrow Investment Capital, LLC and Morrow Place Investment Group, LLC for limited purposes set forth in the Agreement; and, approving the indebtedness of the OPWA as set forth in the Agreement. Ms. Lombardi Attachment # 12 Staff will recommend Council approval of the Development Agreement among the OPWA, Morrow Investment Capital, LLC and Morrow Place Investment Group, LLC for the construction of street and storm sewer infrastructure improvements for which Morrow will be entitled to reimbursement; and, approval of the indebtedness of the OPWA as set forth in the Agreement. 13. Consideration and appropriate action relating to a request for Council approval of a contract between the City of Owasso and Youth Services of Tulsa, Incorporated for the establishment and operation of the Owasso Youth Court and authorization for the City Manager to execute such contract for services. Ms. Lombardi Attachment # 13 Staff will recommend Council approval of a contract between the City of Owasso and Youth Services of Tulsa, Incorporated in the amount of $45,000 for the establishment and operation of the Owasso Youth Court and authorization for the City Manager to execute such contract for services. 14. Report from City Manager. 15. Report from City Attorney. 16. Report from City Councilors. Owasso City Council August 19, 2008 Page 5 17. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 18. Adjournment. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, August 5, 2008 The Owasso City Council met in regular session on Tuesday, August 5, 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, August 1, 2008. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Reverend Natalie Ford-Cowling, First Presbyterian Church. ITEM 3. FLAG SALUTE The flag salute was led by Councilor Guevara. ITEM 4. ROLL CALL PRESENT Steve Cataudella, Mayor Doug Bonebrake, Councilor Wayne Guevara, Councilor Jon Sinex, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ABSENT D.J. Gall, Vice Mayor ITEM 5. PRESENTATION OF THE CHARACTER TRAIT OF THE MONTH Michele Dempster, a member of the Owasso Character Council, presented to the Council "Joyfulness," the character trait of the month for August, 2008. Owasso City Council August S, 2008 ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the July 15, 2008 Regular Meeting. B. Approval of Claims. Mr. Guevara moved, seconded by Mr. Bonebrake, to approve the Consent Agenda with claims totaling $272,831.50. Also included for review were the healthcare self-insurance claims report and payroll payment report for pay period 7/19/08. YEA: Bonebrake, Cataudella, Guevara, Sinex NAY: None Motion carried 4-0. ITEM 7. CITIZEN REQUEST TO ADDRESS THE OWASSO CITY COUNCIL This item was removed from the agenda. ITEM 8. REPORT FROM CITY MANAGER Mr. Rooney reported on the status of the 129th East Avenue and the Main Street Beautification Projects. Ms. Harkins reported on the Neighborhood Meetings project. Mr. Ray also asked Mr. Chris Coager, a citizen who has attended several of the Neighborhood Meetings, to give his opinion of the accomplishments of the meetings. ITEM 9. REPORT FROM CITY ATTORNEY No report ITEM 10. REPORT FROM CITY COUNCILORS Councilor Sinex announced the birth of the newest member of the Sinex family, Theodore Duncan Sinex, born July 24. 2 Owasso City Council ITEM 11. NEW BUSINESS None ITEM 12. ADJOURNMENT Mr. Bonebrake moved, seconded by Mr. Sinex, to adjourn. YEA: Bonebrake, Cataudella, Guevara, Sinex NAY: None Motion carried 4-0 and the meeting was adjourned at 6:44 p.m. August S, 2008 Stephen Cataudella, Mayor Pat Fry, Minute Clerk 3 OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, August 12, 2008 The Owasso City Council met in a special meeting on Tuesday, August 12, 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 Friday, August 8, 2008. ITEM 1: CALL TO ORDER. Mayor Cataudella called the meeting to order at 6:15 PM. PRESENT ABSENT Steve Cataudella, Mayor DJ Gall, Vice Mayor Wayne Guevara, Councilor John Sinex, Councilor Doug Bonebrake, 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 POLICEIS, PROCEDURES, AND FUNDS. Ms. Bishop reviewed the policy of calculating sewer rates for city residents that are not supplied water from the City of Owasso. ITEM 3 DISCUSSION RELATING TO COMMUNITY DEVELOPMENT DEPARTMENT ITEMS A. REQUEST FOR FINAL PLAT (2) B. BLOCK PARTY INFORMATION Mr. Rooney reviewed the above items. It was explained that both the Final Plats for Burberry Place and The Sevens were reviewed and unanimously approved by the Planning Commission at their regularly scheduled meeting on August 11, 2008. Both items will be forwarded to the City Council for action at the August 19, 2008 regular meeting. Mr. Rooney also provided the City Council with information regarding the 12t" Annual City Block Party Program scheduled for September 13, 2008. Owasso City Council August 12, 2008 ITEM 4 DISCUSSION RELATING TO PUBLIC WORKS DEPARTMENT ITEMS A. 2008 WATER QUALITY REPORT -CERTIFICATION OF COMPLETION AND DISTRIBUTION Mr. Rooney reviewed the above item. It was explained the 2008 Water Quality Report was distributed to utility customers in July, posted on the City's website, and was available for review at the Public Works' offices. The Trustees of the OPWA must certify the completion and distribution of the report and it is being placed on the August 19, 2008 OPWA consent agenda for action. ITEM 5 DISCUSSION RELATING TO POLICE DEPARTMENT ITEMS A. PROPOSED AMENDMENT TO ALLOW INDOOR AIR RIFLES AND ARCHERY RANGES Mr. Rooney reviewed the above item. It was explained that the City of Owasso had received a request from the Baptist Children's Home to conduct an indoor air rifle course and shooting range. The Code of Ordinances for the City of Owasso currently restricts this type of activity and the request was reviewed by the Police and Community Development Departments. In order for the use to be approved, the Code of Ordinances would need to be amended. It was also recommended that the Code of Ordinances be amended to allow indoor archery facilities as well. This item is being placed on the August 19, 2008 City Council agenda for action. ITEM 6 DISCUSSION RELATING TO GENERAL GOVERNMENT ITEMS A. DISCUSSION RELATING TO A DEBRIS MANAGEMENT PLAN AND PRE- EVENT CONTRACT Mr. Rooney reviewed the benefits to the City of Owasso in adopting a Debris Management Plan and by obtaining aPre-Event Contract for debris removal and management services. Mr. Rooney explained that this was an information only item and both the Debris Management Plan and the Pre-Event Contract would need future approval of the City Council. 2 Owasso City Council August 12, 2008 ITEM 7 DISCUSSION RELATING TO CITY MANAGER ITEMS A. STONE CANYON ANNEXATION B. ENGINEERING SERVICES AGREEMENT FOR WASTEWATER TREATMENT PLANT, PUMP STATION, AND COLLECTION SYSTEM EXPANSION AND UPGRADE C. PELIVAN CONTRACT FOR FY 08-09 D. PROPOSED DEVELOPMENT AGREEMENT FOR MORROW PLACE E. PROPOSED CONTRACT FOR YOUTH COURT F. CITY MANAGER EVALUATION PROCESS G. CITY'S MANAGER'S REPORT Mr. Ray reviewed the above items. The Stone Canyon annexation was reviewed, as were the Engineering Services Agreement, Pelivan Contract, Morrow Place Development Agreement, and the contract for Youth Court. These items will be forwarded to the City Council for action at upcoming meetings. ITEM 8 REPORT FROM CITY ATTORNEY Ms. Lombardi had no report. ITEM 9 REPORT FROM CITY COUNCILORS City Councilors had no report. ITEM 10: ADJOURNMENT Councilor Guevara motioned, seconded by Councilor Bonebrake to adjourn. All were in favor and the meeting was adjourned at 10:45 PM. Mayor 3 Claims List 08/19/08 Budget Unit Title Vendor Name Payable Description Payment Amount GENERAL AEP/PSO STREET LIGHTS 13.71 TOTAL GENERAL 13.71 MUNICIPAL COURT TREASURER PETTY CASH MEETING EXPENSE 27.00 FRANK W AMBRUS BAILIFF SERVICES 350.00 TOTAL MUNICIPAL COURT 377.00 MANAGERIAL TREASURER PETTY CASH MILEAGE 21.06 TREASURER PETTY CASH NOTARY FILING 10.00 JPMORGAN CHASE BANK PIKEPASS-TURNPIKE FEE 20.20 A N Z SIGNS & SHIRTS, INC NEIGHBORHOOD MTG SIGNS 112.50 OFFICE DEPOT INC OFFICE SUPPLIES 35.86 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 17.16 FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 188.60 TOTAL MANAGERIAL 405.38 FINANCE OK ACCOUNTANCY BOARD REGISTRATION FEE 100.00 OK ACCOUNTANCY BOARD PERMIT FEE 100.00 OFFICE DEPOT INC OFFICE SUPPLIES 17.08 L & M OFFICE FURNITURE, INC TACKBOARD 132.96 TOTAL FINANCE 350.04 HUMAN RESOURCES JPMORGAN CHASE BANK TECHSMITH-SOFTWARE 19.95 SAV-ON PRINTING & SIGNS LLC PERSONNEL ACTION FORMS 163.80 AMERICANCHECKED, INC ATTN: BILLING PRE-ENROLLMENT BACKGROUND 357.60 TULSA WORLD ADVERTISING 1,412.76 COMMUNITY PUBLISHERS INC ADVERTISING 265.20 ATWOODS DISTRIBUTING, LP ATTN: ACCT ZIP TIES-CHARACTER BANNER 22.20 EXECUTIVE WORKFORCE CONSULTANTS,INC TRAINING & DEVELOPMENT 3,000.00 OFFICE DEPOT INC OFFICE SUPPLIES 97.60 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 26.68 URGENT CARE OF GREEN COUNTRY, P.L.L DRUG SCREENINGS 925.00 TREASURER PETTY CASH MEETING EXPENSE 40.00 TOTAL HUMAN RESOURCES 6,330.79 GENERAL GOVERNMENT CINTAS CORPORATION CARPET-MAT CLEANING 25.90 XEROX CORPORATION COPIER SERVICE & SUPPLIES 877.72 INDIAN NATIONS COUNCIL OF GOVERNMEN LEGISLATIVE CONSORTIUM 821.50 TULSA COUNTY CLERK FILING FEES 93.00 TREASURER PETTY CASH SUPPLIES-BREAK ROOM 4.08 AMERICAN WASTE CONTROL INC FRONT LOAD SERVICE 144.93 HEARTLAND CONSULTING, INC AUGUST CONSULTING FEES 10,500.00 AEP/PSO ELECTRIC USE FOR JULY 6,440.66 Page 1 Claims List 08/19/08 Budget Unit Title Vendor Name Payable Description Payment Amount GENERAL GOVERNMENT... JPMORGAN CHASE BANK LAWN AMERICA-PERT CH 164.80 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 14.23 NEOPOST LEASING, INC POSTAGE MACHINE LEASE 389.00 OFFICE DEPOT INC OFFICE SUPPLIES 335.20 JPMORGAN CHASE BANK D & SONS-CITY HALL MOWING 560.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 356.58 TOTAL GENERAL GOVERNMENT 20,727.60 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK WALMART-HAND SANITIZER 15.72 OFFICE DEPOT INC OFFICE SUPPLIES 7.14 FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 630.72 INDIAN NATIONS COUNCIL OF GOVERNMEN MEMBERSHIP DUES 4,712.00 TREASURER PETTY CASH LAWN CARE 300.00 TOTAL COMMUNITY DEVELOPMENT 5,665.58 ENGINEERING JPMORGAN CHASE BANK GELLICO-BOOTS/BARGAS 112.49 FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 779.83 UNITED STATES CELLULAR CORPORATION CELL PHONE USAGE 112.86 OFFICE DEPOT INC OFFICE SUPPLIES 145.01 TOTAL ENGINEERING 1,150.19 INFORMATION TECHNOLOGY COX COMMUNICATIONS MONTHLY INTERNET SERVICES 379.95 FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 52.86 JPMORGAN CHASE BANK CARD QUEST-KEY CARDS 134.77 JPMORGAN CHASE BANK LOWES-DUCT TAPE 5.95 TOTAL INFORMATION TECHNOLOGY 573.53 SUPPORT SERVICES JPMORGAN CHASE BANK LOWES-HOSE REPAIR 4.48 JPMORGAN CHASE BANK LOWES-PAINT 25.96 JPMORGAN CHASE BANK LOWES-MOSQUITO CONTROL 37.88 JPMORGAN CHASE BANK PIKEPASS-TURNPIKE FEE 6.20 JPMORGAN CHASE BANK LOWES-CLEANING SUPPLIES 26.88 OKLAHOMA DEPT OF CORRECTIONS TULSA DOC WORKER PROGRAM 220.78 FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 540.97 FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 394.14 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 438.76 MURPHY SANITARY SUPPLY CARPET CLEANING SUPPLIES 357.60 ROTO-ROOTER DRAIN REPAIRS -CITY JAIL 106.15 COX COMMUNICATIONS MONTHLY INTERNET SERVICES 69.95 UNIFIRST HOLDINGS LP UNIFORM RENTAL 20.04 UNIFIRST HOLDINGS LP UNIFORM RENTAL 20.04 A PLUS SERVICE INC AIR SYSTEM REPAIRS CITY H 80.00 MURPHY SANITARY SUPPLY JANITORIAL SUPPLIES 42.70 OFFICE DEPOT INC OFFICE SUPPLIES 1.70 Page 2 Claims List 08/19/08 Budget Unit Title Vendor Name Payable Description Payment Amount SUPPORT SERVICES... JPMORGAN CHASE BANK DELL-MONITORS FOR SS 752.40 FLYNN'S PEST CONTROL MONTHLY PEST CONTROL SVCS 110.00 TOTAL SUPPORT SERVICES 3,256.63, CEMETERY JPMORGAN CHASE BANK BAILEY EQUIP-OIL/TRIMMER 191.85 AEP/PSO ELECTRIC USE FOR JULY 30.75 FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 81.98 JPMORGAN CHASE BANK WEC-FAIRVIEW CEMETERY 18.03 TOTAL CEMETERY 322.61 POLICE SERVICES ARAMARK UNIFORM & CAREER APPAREL UNIFORM & EQUIPMENT 64.18 JPMORGAN CHASE BANK MEETING EXPENSE 17.98 JPMORGAN CHASE BANK TASER INT'L-TASER COURSE 95.00 JPMORGAN CHASE BANK SOUTHERN AG-DOG FOOD 84.99 SOUTHERN AGRICULTURE CANINE FOOD FOR BENY 91.99 JULIE, INC. THE UPS STORE POSTAGE 6.90 DAVID B. ASHBY UNIFORMS & EQUIPMENT 54.00 TREASURER PETTY CASH NOTARY FILING 20.00 TREASURER PETTY CASH PER DIEM & AIRFARE 841.50 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FY09 136.50 OWASSO FITNESS ZONE, INC PHYSICAL FITTNESS PROGRAM 90.00 HOWARD E STAMPER RADIO REPAIR SERVICES 150.00 JPMORGAN CHASE BANK DELL-3 SQD ROOM PC'S 3,350.25 JPMORGAN CHASE BANK STI-CO-RADIO EQUIPMENT 68.26 AEP/PSO ELECTRIC USE FOR JULY 4,173.31 DAN M YANCEY CONFERENCE & LODGING 1,732.97 JULIE HENSON TOW CHARGE REFUND 102.92 TREASURER PETTY CASH FUEL 173.81 TREASURER PETTY CASH PLANE TICKET 212.50 TREASURER PETTY CASH PER DIEM 686.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 106.70 FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 13,887.86 JPMORGAN CHASE BANK THOMAS &MEANS-TRAINING 465.00 OFFICE DEPOT INC OFFICE SUPPLIES 168.98 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 203.98 TOTAL POLICE SERVICES 26,985.58 POLICE COMMUNICATIONS WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 95.40 TREASURER PETTY CASH PER DIEM 171.50 AEP/PSO ELECTRIC USE FOR JULY 198.78 DEPARTMENT OF PUBLIC SAFETY OLETS EQUIPMENT & DATAMAX 450.00 JPMORGAN CHASE BANK IPMAHR-COMM OFFICER TESTS 397.50 TOTAL POLICE COMMUNICATIONS 1,313.18 Page 3 Claims List 08/19/08 Budget Unit Title Vendor Name Payable Description Payment Amount ANIMAL CONTROL JPMORGAN CHASE BANK OFFICE DEPOT-CARD HOLDERS 9.32 JPMORGAN CHASE BANK ATWOODS-3 FANS 119.85 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 43.12 JPMORGAN CHASE BANK VORTECH-FATAL PLUS SOL 157.91 JPMORGAN CHASE BANK VCA OWASSO-VET SERVICE 110.00 JPMORGAN CHASE BANK VCA OWASSO-EUTHANASIA 211.50 ARAMARK UNIFORM & CAREER APPAREL UNIFORM & EQUIPMENT 253.78 SMALL ANIMAL HOSPITAL OF OWASSO,LLC VET SERVICES 350.00 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 35.00 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 35.00 JPMORGAN CHASE BANK LOWES-FANS FOR OFFICE 39.96 AEP/PSO ELECTRIC USE FOR JULY 255.78 TREASURER PETTY CASH PER DIEM 429.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 232.05 FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 455.08 TOTAL ANIMAL CONTROL 2,737.35 FIRE SERVICES FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 3,542.47 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 1,437.55 JPMORGAN CHASE BANK ACADEMY SPORTS-BOOTS 199.98 JPMORGAN CHASE BANK MOTOROLA-2 UNIT CHARGERS 1,150.48 JPMORGAN CHASE BANK LOWES-RETURN SALES TX -69.71 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 552.83 WAYEST SAFETY INC AR FOAM 2,190.00 STEVEN A. COWIE INSTALL GLASS @ FS N0.2 249.00 WAYEST SAFETY INC PURCHASE OF FIRE STREAM A 30.90 OFFICE DEPOT INC OFFICE SUPPLIES 595.98 JPMORGAN CHASE BANK DRYSDALES-UNIFORM ORDER 304.90 JPMORGAN CHASE BANK WALMART-SUPPLIES ST 3 41.49 JPMORGAN CHASE BANK WALMART-CLASSROOM SUPPLIE 18.13 JPMORGAN CHASE BANK BUMPER TO BUMPER-PARTS 9.50 JPMORGAN CHASE BANK MEETING EXPENSE 41.64 JPMORGAN CHASE BANK MEETING EXPENSE 35.69 AEP/PSO ELECTRIC USE FOR JULY 5,456.39 JPMORGAN CHASE BANK HOME DEPOT-PESTICIDES 91.20 JPMORGAN CHASE BANK OFFICE DEP-COFFEE FILTERS 5.59 JPMORGAN CHASE BANK SHOE CARNIVAL-APPAREL 52.47 JPMORGAN CHASE BANK OK POLICE SUPPLY-UNIFORMS 250.90 OWASSO FITNESS ZONE, INC USE OF GYM & EQUIPMENT 285.00 JPMORGAN CHASE BANK LOWES-SUPPLIES 64.24 JPMORGAN CHASE BANK LOWES-SUPPLIES 69.71 JPMORGAN CHASE BANK FIRE INS TESTING-SOFTWARE 107.00 JPMORGAN CHASE BANK STATE SUPPLY-PUMP HWT 212.59 TOTAL FIRE SERVICES 16,925.92 Page 4 Claims List 08/19/08 Budget Unit Title Vendor Name Payable Description Payment Amount EMERGENCY PREPAREDNES AEP/PSO ELECTRIC USE FOR JULY 83.10 TOTAL RADIO INC STORM SIREN REPAIRS 343.75 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 66.08 TOTAL EMERGENCY PREPAREDNESS 492.93 STREETS FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 2,648.62 JPMORGAN CHASE BANK AMER PUB WRKS-ANNUAL FEE 133.00 UNITED RENTALS (NORTH AMERICA), INC ASPHALT ROLLER RENTAL 198.95 GEORGE & GEORGE SAFETY & GLOVE SAFETY SUPPLIES & EQUIPME 30.33 UNIFIRST HOLDINGS LP EMPLOYEE UNIFORMS 46.66 UNIFIRST HOLDINGS LP EMPLOYEE UNIFORMS 40.72 JPMORGAN CHASE BANK ATWOODS-CLEANING SUPPLIES 17.97 APAC, INC.-OKLAHOMA STANDARD INDUST ASPHALT FOR STORM PIPE RE 173.31 AEP/PSO STREET LIGHTS 6,236.43 BERRY COMPANIES, INC WHITE STAR MAC VIBRATING ROLLER 30,949.00 AEP/PSO ELECTRIC USE FOR JULY 1,659.05 EQUIPMENT ONE RENTAL & SALES, INC. PROPANE FOR HOT BOX 122.76 UNITED RENTALS (NORTH AMERICA), INC ASPHALT ROLLER RENTAL 603.05 APAC, INC.-OKLAHOMA STANDARD INDUST ASPHALT FOR STREET REPAIR 1,334.54 APAC, INC.-OKLAHOMA STANDARD INDUST ASPHALT FOR POTHOLES 170.66 AMERICAN ELECTRIC POWER ST LIGHTS @ MAIN STREET 1,000.00 AMERICAN ELECTRIC POWER ST LIGHTS @ SILVER CREEK 513.00 A-OK SIGNS INC. DBA T-SHIRT EXPRESS T-SHIRTS AND HATS 257.95 JPMORGAN CHASE BANK HOME DEPOT-PUSH BROOMS 59.91 JPMORGAN CHASE BANK GELLICO-BOOTS/D TURNER 89.99 JPMORGAN CHASE BANK GELLICO-BOOTS/RIDGWAY 112.49 MILL CREEK LUMBER & SUPPLY FORM BOARDS FOR CURB AND 299.35 APAC, INC.-OKLAHOMA STANDARD INDUST ASPHALT FOR ROAD REPAIR 678.40 GADES SALES COMPANY, INC REPLACE FLASHING LIGHTS 586.97 SHERWOOD CONSTRUCTION CO, INC CONCRETE FOR SOUTHERN LIN 582.00 RAINBOW CONCRETE COMPANY CONCRETE FOR CURB & GUTTE 366.00 TOTAL STREETS 4$,911.11 STORMWATER JPMORGAN CHASE BANK LOWES-TAPE MEASURE 24.96 JPMORGAN CHASE BANK TARGET-CAMERA 247.39 JPMORGAN CHASE BANK TARGET-CAMERA 227.87 JPMORGAN CHASE BANK TULSA NEW HOLLAND-SKID 752.44 JPMORGAN CHASE BANK ESTES-CHEMICALS 338.62 JPMORGAN CHASE BANK BAILEY EQUIP-TRIMMER 449.99 JPMORGAN CHASE BANK BAILEY EQUIP-AIR FILTERS 43.10 JPMORGAN CHASE BANK LODGING EXPENSE-DOYLE 582.03 A-OK SIGNS INC. DBA T-SHIRT EXPRESS T-SHIRTS AND HATS 257.91 JPMORGAN CHASE BANK TULSA NEW HOLLAND-PLATES 268.52 JPMORGAN CHASE BANK ATWOODS-LIFT PINS 13.96 CROW BURLINGAME COMPANY SPOT MIRROR FOR 06 DODGE 1.30 Page 5 Claims List 08/19/08 Budget Unit Title Vendor Name Payable Description Payment Amount STORMWATER... ESTES, INCORPORATED CHEMICALS FOR WEED CONTRO 90.00 ESTES, INCORPORATED CHEMICALS FOR WEED CONTRO 1,250.00 JPMORGAN CHASE BANK LOWES-TAPE MEASURE 24.96 JPMORGAN CHASE BANK BEST BUY-FILM 8.99 UNIFIRST HOLDINGS LP EMPLOYEE UNIFORMS 45.26 UNIFIRST HOLDINGS LP EMPLOYEE UNIFORMS 51.22 GEORGE & GEORGE SAFETY & GLOVE SAFETY SUPPLIES & EQUIPME 30.33 JPMORGAN CHASE BANK TARGET-RETURN SALES TX -247.39 JPMORGAN CHASE BANK LOWES-EXCHANGE TAPE MEAS -24.96 JPMORGAN CHASE BANK ATWOODS-RETURNS -6.38 FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 2,334.79 TOTAL STORMWATER 6,765.01 PARKS FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 1,108.83 LELAND BARTEL MOWING MCCARTY PARK 429.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 182.10 AEP/PSO ELECTRIC USE FOR JULY 1,274.13 JPMORGAN CHASE BANK D & SONS-PARK MOWINGS 1,139.00 JPMORGAN CHASE BANK P & K-BACKPACK BLOWER 32929 JPMORGAN CHASE BANK LOWES-BATTERIES 9.24 JPMORGAN CHASE BANK ATWOODS-CUPS 2.69 JPMORGAN CHASE BANK LOWES-ROOF SUPPLIES 31.83 JPMORGAN CHASE BANK LOWES-ROOF SUPPLIES 29.40 JPMORGAN CHASE BANK LOWES-MULCH 50.00 TOTAL PARKS 4,585.51 COMMUNITY CENTER JPMORGAN CHASE BANK LOWES-LIGHT BULBS 20.00 JPMORGAN CHASE BANK USPS-BULK MAIL 50.00 AEP/PSO ELECTRIC USE FOR JULY 2,019.22 TREASURER PETTY CASH TILE 22.85 TREASURER PETTY CASH MILEAGE 35.10 FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 179.08 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 25.59 OFFICE DEPOT INC OFFICE SUPPLIES 228.51 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 94.70 TOTAL COMMUNITY CENTER 2,675.05 HISTORICAL MUSEUM ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 32.26 JPMORGAN CHASE BANK EMTEC PEST CONTROL-TRMNT 200.00 DALE & LEES SERVICE INC NEW HEAT & AIR UNIT IN MU 6,800.00 AEP/PSO ELECTRIC USE FOR JULY 302.91 TOTAL HISTORICAL MUSEUM 7,335.17 ECONOMIC DEV TREASURER PETTY CASH MEETING EXPENSE 9.50 Page 6 Claims List 08/19/08 Budget Unit Title Vendor Name Payable Description Payment Amount ECONOMIC DEV... OFFICE DEPOT INC OFFICE SUPPLIES 53.06 FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 113.08 TOTAL ECONOMIC DEV 175.64 FUND GRAND TOTAL 158,075.51 AMBULANCE FLEETCOR TECHNOLOGIES DBA FUELMAN MONTHLY FUEL COSTS 2,658.96 JPMORGAN CHASE BANK KEN KOOL-AMB REPAIR PARTS 382.07 JPMORGAN CHASE BANK ALLIANCE MED-SUPPLIES 294.48 JPMORGAN CHASE BANK ALLIANCE MED-SUPPLIES 100.80 JPMORGAN CHASE BANK ALLIANCE MED-SUPPLIES 210.88 FULLERTON HYDRO-TEST INC. RENTAL OF OXYGEN CYLINDER 800.00 MEDICAL COMPLIANCE SPECIALTY INC DISPOSAL OF MEDICAL WASTE 109.00 MEDICAL COMPLIANCE SPECIALTY INC DISPOSAL OF MEDICAL WASTE 109.00 MEDICAL COMPLIANCE SPECIALTY INC DISPOSAL OF MEDICAL WASTE 109.00 TOTAL RADIO INC WORK DON ON C-4500 AMBULA 42.50 FULLERTON HYDRO-TEST INC. RENTAL OF OXYGEN CYLINDER 37.85 JPMORGAN CHASE BANK BOUND TREE MED-SUPPLIES 830.44 JPMORGAN CHASE BANK LOWES-HARDWARE MEDIC #3 63.11 MEDICLAIMS INC BILLING SERVICES 3,503.32 TOTAL AMBULANCE 9,251.41 FUND GRAND TOTAL 9,251.41 E911 COMMUNICATIONS AT&T JULY '08 E911 FEES 1,871.71 TOTAL RADIO INC MONTHLY RADIO MAINTENANCE 675.00 TOTAL E911 COMMUNICATIONS 2,546.71 FUND GRAND TOTAL 2,546.7 HOTEL TAX-STREETS AT&T MAIN ST PROJECT 35,300.03 TOTAL HOTEL TAX-STREETS 35,300.03 HOTEL TAX - ECON DEV MIDWEST MARBLE CO. VETERAN'S MEMORIAL -MATE 9,511.00 TOTAL HOTEL TAX - ECON DEV 9,511.00 FUND GRAND TOTAL 44,811.0 STORMWATER - STORMWATI MESHEK & ASSOCIATES, P.L.C. MISCELLANEOUS SMALL DRAIN 1,267.84 FIT CONSTRUCTION, LLC THREE LAKES POND DAM REPL 23,787.05 MESHEK & ASSOCIATES, P.L.C. 96 STN & GARNETT DRAINAG 7,998.49 INDIAN NATIONS COUNCIL OF GOVERNMEN STORMWATER MGMT ANNUAL FE 3,500.00 Page 7 Claims List 08/19/08 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL STORMWATER - STORMWATER 36,553.38 FUND GRAND TOTAL 36,553.3 FIRE CAPITAL FD CONRAD FIRE EQUIPMENT INC. REEL HOSE FOR FS NO. 3 833.52 TOTAL FIRE CAPITAL FD 833.52 FUND GRAND TOTAL 833.5 CI -STREETS MILL CREEK LUMBER & SUPPLY FORM BOARDS FOR STORM PIP 140.79 MILL CREEK LUMBER & SUPPLY HARDWARE FOR STORM PIPE 6.19 APAC, INC.-OKLAHOMA STANDARD INDUST ASPHALT FOR STORM PIPE RE 343.97 OWASSO TOP SOIL DIRT FOR STORM PIPE REPLA 40.00 OWASSO TOP SOIL DIRT FOR STORM PIPE REPLA 60.00 OWASSO TOP SOIL DIRT FOR STORM PIPE REPLA 260.00 SHERWOOD CONSTRUCTION CO, INC ASPHALT FOR STREET REPAIR 1,903.50 CHANDLER MATERIALS CO, INC. STORMPIPE AND GASKET 125.20 SHERWOOD CONSTRUCTION CO, INC CONCRETE FOR STORMPIPE 445.25 BROWN FARMS LLC BROWN FARMS SOD SOD FOR STORMPIPE PROJECT 160.00 BROWN FARMS LLC BROWN FARMS SOD SOD FOR STORMPIPE PROJECT 80.00 BROWN FARMS LLC BROWN FARMS SOD SOD FOR STORMPIPE PROJECT 160.00 BROWN FARMS LLC BROWN FARMS SOD SOD FOR STORMPIPE PROJECT 45.00 BROWN FARMS LLC BROWN FARMS SOD SOD FOR STORMPIPE PROJECT 80.00 BROWN FARMS LLC BROWN FARMS SOD SOD FOR STORMPIPE PROJECT 80.00 RAINBOW CONCRETE COMPANY CONCRETE FOR STORMPIPE 137.25 ACTION SAFETY SUPPLY CO. 07-08 PAVEMENT STRIPING 9,500.11 BECCO CONTRACTORS INC 129 E AVE WIDENING PROJEC 1,528,284.10 TOTAL CI-STREETS 1,541,851.36 CI -PARKS FIT CONSTRUCTION, LLC BALL FIELD CONSTRUCTION 59,080.18 TOTAL CI -PARKS 59,080.18 FUND GRAND TOTAL 1,600,931.5 CITY GARAGE AEP/PSO ELECTRIC USE FOR JULY 576.14 CROW BURLINGAME COMPANY PARTS FOR TRASH TRUCK 7.32 TULSA NEW HOLLAND INC PARTS FOR BACKHOE 309.96 CLASSIC CHEVROLET, INC. PARTS FOR RESALE 46.18 CLASSIC CHEVROLET, INC. PARTS FOR RESALE 303.49 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 71.77 O'REILLY AUTOMOTIVE INC VEHICLE PARTS & SUPPLIES 207.23 O'REILLY AUTOMOTIVE INC VEHICLE PARTS & SUPPLIES 535.00 TULSA NEW HOLLAND INC REPAIR SERVICES RESALE 440.09 Page 8 Claims List 08/19/08 Budget Unit Title Vendor Name Payable Description Payment Amount CITY GARAGE... RLCP, LLC AMBULANCE REPAIRS 1,719.93 FRN OF TULSA, LLC UNITED FORD PARTS FOR RESALE 89.52 FRN OF TULSA, LLC UNITED FORD PARTS FOR RESALE 40.87 JIM NORTON FORD LLC JIM NORTON FORD VEHICLE RADIO ANTENNA REP 145.69 QUALITY TIRE AND AUTO SERVICE WHEEL ALIGNMENT SERVICES 59.95 FRONTIER INTERNATIONAL TRUCKS, INC PARTS FOR TRASH TRUCKS 190.40 FRONTIER INTERNATIONAL TRUCKS, INC PARTS FOR TRASH TRUCKS 614.62 DRIVE TRAIN SPECIALISTS PARTS FOR TRASH TRUCK 95.79 B & M OIL COMPANY INC OIL & FLUIDS 426.25 EQUIPMENT ONE RENTAL & SALES, INC. PROPANE FUEL 22.99 LENOX WRECKER SERVICE INC TOWING CHARGES CITY TRUCK 237.00 MILEAGE MASTERS, LLC TIRES FOR TRASH TRUCKS 1,760.00 MILEAGE MASTERS, LLC TIRES FOR TRASH TRUCKS 150.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 30.01 UNIFIRST HOLDINGS LP UNIFORM RENTAL 30.01 TOTAL CITY GARAGE 8,110.21 FUND GRAND TOTAL 8,110.2 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 43,418.98 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 577.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 553.00 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 660.20 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 553.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 577.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 488.64 TOTAL WORKERS' COMP SELF-INS 46,827.82 FUND GRAND TOTAL 46,827.8 GEN LIAB-PROP SELF INS MELINDA J. REYNOLDS TORT CLAIM 87.50 DEPARTMENT OF VETERANS AFFAIRS TORT CLAIM 97.79 KELLY TATE TORT CLAIM 326.72 TOTAL GEN LIAB-PROP SELF INS 512.01 FUND GRAND TOTAL 512.01 CITY GRAND TOTAL $1,908,453.14 Page 9 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 08/02/08 Department Payroll Expenses Total Expenses Municipal Court 4,412.51 5,751.64 Managerial 18,954.74 24,732.92 Finance 13,191.32 18,600.59 Human Resources 5,931.41 8,524.26 Community Development 10,892.18 14,375.69 Engineering 11,249.68 15,514.39 Information Systems 8,209.70 12,292.66 Support Services 7,362.59 10,043.20 Police 102,483.84 146,564.45 Central Dispatch 7,839.77 12,889.50 Animal Control 1,711.60 2,635.25 Fire 82, 556.94 116, 344.27 Emergency Preparedness 2,669.63 3,777.11 Streets 7,453.17 11,604.93 Stormwater/ROW Maint. 7,402.41 10,453.64 Park Maintenance 8,033.19 12,004.95 Community-Senior Center 3,263.38 4,734.21 Historical Museum 2,135.40 2,790.73 Economic Development 2,944.31 3,745.91 General Fund Total 308,697.77 437,380.30 Garage Fund Total 3,840.79 5 516.73 Ambulance Fund Total 17,428.98 23,185.73 Emergency 911 Fund Total 3,165.56 4 010.76 Worker's Compensation Total 3,728.49 4,531.19 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 08/19/08 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 ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION DEPT TOTAL AMOUNT 347.21 27,691.32 25,203.06 23,502.20 0.00 0.00 76,743.79 5,069.70 2,006.89 7,076.59 4,414.29 4,414.29 HEALTHCARE SELF INSURANCE FUND TOTAL 88,234.67 CITY OF OWASSO GENERAL FUND FISCAL YEAR 2008-2009 Statement of Revenues & Expenditures As of July 31, 2008 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTAL REVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay TOTAL EXPENDITURES REVENUES OVER EXPENDITURES TRANSFERS IN (OUT): Transfers in Transfers out TOTAL TRANSFERS NET CHANGE IN FUND BALANCE FUND BALANCE (GAAP Basis) Beginning Balance Ending Balance FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance MONTH YEAR PERCENT TO-DATE TO-DATE BUDGET OF BUDGET $ 1,562,820 $ 1,562,820 $ 18,938,000 8.25% 24,125 24,125 334,500 7.21 39,781 39,781 491,700 8.09% 18,617 18,617 492,700 3.78% 60,663 60,663 689,000 8.80% 11,917 11,917 93,800 12.70% 1,717,923 1,717,923 21,039,700 8.17% 896,655 896,655 11,959,252 7.50% 28,734 28,734 697,295 4.12% 92,443 92,443 1,724,980 5.36% 39,238 39,238 984,668 3.98% 1,057,069 1,057,069 15, 366,195 6.88% 660,854 660,854 5,673,505 11.65% 936,118 936,118 11,095,000 8.44% (1,463,146) (1,463,146) (17,401,000) 8.41% (527,028) (527,028) (6,306,000) 8.36% 133,827 133,827 (632,495) 4,740,155 $ 4,873,982 2,923,000 2,923,000 $ 3,056,827 $ 2,290,505 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J. RAY CITY MANAGER SUBJECT: CITIZEN REQUEST FOR PLACEMENT ON CITY COUNCIL AGENDA DATE: August 15, 2008 BACKGROUND: The City Clerk's office received a letter dated July 14, 2008 from Ms. DeLoris Hayes of 408 S. Birch, Owasso, Oklahoma. Ms. Hayes had requested to address the City Council at the August 5, 2008 regular scheduled meeting to discuss an increase in abandoned residences and code enforcement issues in the neighborhood area south of E. 76th Street North, along Birch, Cedar, and Dogwood streets. On August 5, 2008, Ms. Hayes contacted the City Clerk's office to inform that she would not be able to attend the Council meeting and requested that she be placed on the August 19, 2008 Council agenda. Attached for your review is a copy of Ms. Hayes' letter. ATTACHMENTS: 1. Correspondence dated July 14, 2008 from Ms. DeLoris Hayes RECEIVED /V ~~ ~YgMb QTCe LfN! ~[J wun{~/~l ~Y ~'CC ~Gi4ly l /~~ i~lu~rfr~ ,!q~ -~z.~, ~~~~ ~ ~~ /~G ~: ~ ~~r'o, ~g~~ ~~ MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J. RAY CITY MANAGER SUBJECT: CITIZEN REQUEST FOR PLACEMENT ON CITY COUNCIL AGENDA DATE: August 15, 2008 BACKGROUND: The City Clerk's office has received an e-mail dated August 11, 2008 from Ms. Judith Schneider, Secretary of the Southern Links Home Owners Association. Ms. Schneider is requesting to address the City Council at the next regular scheduled meeting of August 19, 2008 to request the possible construction of a sound barrier along E. 86t" Street North, north of the subdivision. Additionally, Ms. Schneider would like to request the installment of a traffic signal light at the entrance into the Southern Links subdivision. Attached for your review is a copy of Ms. Schneider's e-mail correspondence. ATTACHMENTS: 1. Correspondence dated August 11, 2008 from Ms. Judith Schneider Stevens, Julie From: jlshos@cox.net Sent: Monday, August 11, 2008 11:23 AM To: Stevens, Julie Subject: speaking to the city council The Southern Links Homeowners association would like to speak to the council to discuss the possibility of a sound barrier wall along 86th street and a traffic light that would work on demand for our intersection You can send any correspondence to Southern Links Homeowners assoc. P.0. Box 704 Owasso, Ok 74055-0704 Thank you for your consideration in this matter. You can email me at jlshos(~cox.net should any additional information be required. Sincerely, 7udith Schneider, Secretary 1 MEMORANDUM TO: HONORABLE CITY COUNCIL FROM: STEPHEN CATAUDELLA MAYOR SUBJECT: APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS DATE: August 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: PLANNING COMMISSION - Dr. Paul Loving (term to expire June 30, 2010) Dr. Mark Gallery (term to expire June 30, 2011) MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIl2ECTOR SUBJECT: PELIVAN LETTER OF AGREEMENT FOR FY'09 DATE: August 13, 2008 Pelivan Transit began its Owasso operations on December 28, 2007. Since that time, the service seems to have built a growing customer base reflected in the two charts below in terms of the number of passenger trips and fare box revenues. Increase in Riderships Monthly goo - _ __ __ - - - _ _._ H 600 •Q' 500 ~ 400 = 300 200 a 100 0 January February March April May June Months Increase in Fares Revenue $1,600.00 - _ __ _ - - __ $1, 400.00 $1,200.00 ~ $1, 000.00 $800.00 ~ $600.00 $400.00 $200.00 $- Months Pelivan has requested that the City of Owasso execute a letter of agreement for services to be provided by Pelivan from October 1, 2008 through September 30, 2009 in the amount of $49,393. This amount is included in the FY '09 budget. The amount of Owasso's contribution to Pelivan in FY '08 was $41,975. Pelivan reports that the request for an increase in the municipal contribution is due in part to rising fuel costs. So far, the program has been in operation for just over seven months. During that time, the numbers indicating ridership and revenue have risen significantly. However, these growth trends have leveled oil making projections about total ridership and revenue likely to be more accurate. If the numbers that Pelivan has reported for April, May, and June 2008 prove to be average monthly statistics, then one can project that the average annual ridership will total around 7,500, and that average annual fare box revenue will total around $15, 500. It is encouraging to note that in June, 418 of the 600 passenger trips were taken by elderly and/or disabled customers, indicating that these users comprise 69% of the total customer base utilizing Pelivan. FUNDING• Funding for the FY '09 Pelivan operations is included within the current General Government portion of the City of Owasso budget in the amount of $49,393. RECOMMENDATION• The staff recommends that the City Council authorize the City Manager to execute the Purchase of Service Agreement between the City of Owasso and Pelivan Transit for FY '09. ATTACHMENTS• 1. Proposed Purchase of Service Agreement 2. Correspondence from Grand Gateway Economic Development Association dated July 24, 2008 rand Gateway Fax: (918) 783 5786 Economic Development Association Purchase of Service Agreement This letter establishes an Agreement made and entered into on the day of 2008, between The City of Owasso and Grand Gateway Economic Development Association/PELIVAN TRANSIT regarding financial assistance to the Association for the operation of a demand-response Public Transportation System operated by Pelivan Transit for FY-2009. Whereas, the City of Owasso and area business leaders have identified certain community needs and set certain goals for the economic development of the community. Whereas, there is a need to implement programs for the City of Owasso to meet a need to provide services to attract and serve the elderly and retirees in order to become a more desirable retirement community, as well as providing a much needed service to all citizens of the community. Whereas, the Grand Gateway Economic Development Association is starting a Transportation Program established under the Oklahoma Department of Transportation Section 5311 Transportation Program which will provide public transportation for the citizens of Owasso and has requested the City to assist in financing this program. Whereas, the City of Owasso will provide $49,393 to the Association for Grand Gateway's service in providing public transportation to the citizens of Owasso, Oklahoma. Payments may be rendered in ten (10) monthly payments of $4,939.30 or a lump sum payment payable to Grand Gateway E.D.A./Pelivan Transit, P. 0. Drawer B, Big Cabin, OK 74332. Grand Gateway/Pelivan Transit will provide ridership totals for the previous month based on actual ridership with each monthly billing. Whereas, Grand Gateway's Pelivan Transit will assign two (2) vehicles with drivers, and one (1) dispatcher for the City of Owasso commencing October 1, 2008 through September 30, 2009 (FY-2009) or as soon as practicable for start-up operations to operate the demand- response route within the city limits from 7:30 a.m, to 5:30 p.m. Monday through Friday with the exception of Holiday's as listed listed below: New Year's Day Labor Day Martin Luther King, Jr. Day Veteran's Day Washington's Birthday Thanksgiving Day (Two days) Good Friday Christmas Day (Two days) Memorial Day Columbus Day Independence Day FEDERAL/STATE ASSISTANCE: The Pelivan Transit, CONTRACTOR and the City of Owasso are particularly advised that the execution and continuance of the AGREEMENT is contingent upon receipt of financial assistance from the Federal and State levels. This AGREEMENT will terminate if the Federal funding is discontinued. The State assumes no responsibility to fund this program if there is a failure of Federal Funding. CONTINUING LOCAL ASSISTANCE: This AGREEMENT is for the period indicated above and is subject to early renewal by the governing body of the City of Owasso. INSURANCE: Grand Gateway Economic Development Association, d/b/a Pelivan Transit, shall maintain liability insurance on all vehicles covered by this AGREEMENT with limits of liability in the amount of One Million and no/100 dollars ($1,000,000.) for any number of claims arising out of a single occurrence or accident, and shall provide proof of coverage to the City of Owasso when requested. Whereas, the terms of this Letter of Agreement may be changed only through mutual agreement by both parties. Edward J. Crone, Exec.Director Grand Gateway E.D.A. P.O.Drawer B Big Cabin, OK. 74332 Notary: Signed before me this day of 2008 Rodney Ray, City Manager City of Owasso P. O. Box 180 Owasso, OK 74055 Notary: Signed before me this day of 2008 rand Gateway July 24, City Manager Rodney Ray City of Owasso P. O. Box 180 Eric Wiles Owasso, OK 74055 Dear Rodney: Economic Development Association (918) 783-5793 Fax: (918) 783-5786 Pelivan Transit owned and operated by Grand Gateway EDA will be enacting a fuel surcharge to the fares and delaying the increase in hours of service for FY-2009 effective October 1, 2008 due to the costs associated with the rising fuel prices. The proposed fares increases are as follows: 60 yrs & Older/Students (K-6th Grade) *Under 60 yrs City Fares $2.00 $2.50 Rural Route Fares $2.75 $3.50 (2 miles beyond City Limits) Variable Distance/Airport Fares $1.50/mile Employment Fares (Any age) $2.00 One Way Trolley Fares $1.00 *Children under age 5 with paying Adult can ride free The demand response transportation hours of service are to remain from 8:00 a.m. to 4:00 p.m. from Monday through Friday for the cities of Grove, Miami, Owasso, Pryor, and Vinita; and from 8:00 a.m. to 4:30 p.m. from Monday through Saturday in Claremore. These hours of service will remain in effect until further notice. Please contact the Pelivan Transit Director by Friday, August 15, 2008 for discussion, if needed. We will issue Amendments to the Service Agreements for FY-2009 on August 16, 2008 for execution of the proposed changes. A press release and public notice will be posted in the respective newspapers announcing the fares increases to the public and the scheduled hours of service from August 16, 2008 through September 16, 2008 informing the general public of the changes. 333 S. Oak Street • P.O. Drawer B • Big Cabin, OK 74332 Pelivan Transit Page 2 This difficult decision will provide additional funding to meet the rising fuel bills over the next year. Last month's fuel bill was over $30,000. The delay in increasing our hours of service will defray more service costs and manpower hours needed for this addition. Our pursuit to provide dependable public transportation to your communities continues and we hope that future funding opportunities and transportation projects will help to enable us in continuing this great service to you. Sincer - J. Cro1 Executive Dir Grand Gatew~ /DM xc: Eric Wiles MEMORANDU !~1 TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: FINAL PLAT -BURBERRY PLACE DATE: AUGUST 15, 2008 BACKGROUND: The City of Owasso has received a request from Bailey Ranch Investments, LLC., for the review and acceptance of the Burberry Place Final Plat of eighty-nine (89) residential lots, in four (4) blocks on approximately 29.82 acres. LOCATION: The property is generally located on the south side of East 106`" Street North and about a half of a mile east of North Garnett Road. A general area map that further depicts the subject property's location is attached EXISTING LAND USE: Undeveloped SURROUNDING ZONING: Southwest: Single-Family Residential- Sawgrass I & II East: Agriculture -Undeveloped SouthEast: Large Lot Residential ZONING HISTORY: June, 2007: The Owasso Planning Commission approved a preliminary plat for Burberry Place with the following conditions: • Indicate a sidewalk along E. 106" St. No. and the reserve • Show adjacent property owners • Show additional U/E provided by ONG & Cox • Confirm the rural water districts 4" water line location • Show a 20' U/E for Rural Water; include standard utility provider language in plat covenants 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. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. 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 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. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. FINAL PLAT REVIEW PROCESS: The Final Plat review process is initiated when a property owner submits an application to the City of Owasso requesting the review and acceptance of a subdivision of land. The application shall be accompanied by the correct fee and final plat drawings and covenants. If the final plat is one lot on one block the applicant may forego the Preliminary plat review, in such case the applicant will be responsible for submitting a certified abutting property owners report at the final plat stage so that staff may notifying abutting property owners. Upon receipt of a complete application city staff will begin reviewing the proposal for compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering specifications. The proposed final plat will then be presented to the Owasso Technical Advisory Committee (TAC) for review and recommendation. At that meeting utility providers and city staff are afforded the opportunity to comment on the technical aspects of the development proposal. The TAC will forward a recommendation to the Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The Planning Commission will forward a recommendation to the City Council. The Owasso City Council will then determine if the final plat meets city specifications and approve, deny, or approve the final plat with conditions. If the City Council approves the Final Plat the applicant will then produce copies of the approved Final Plat for signatures from the appropriate officials and file it with the county clerk's office. The applicant will provide the city with three signed and recorded plats along with an 8 '/z X 11 copy and an electronic copy for records. ANALYSIS: The current owner/developer of the subject property plans to develop the area with eighty-nine (89) residential lots in four (4) blocks, on 29.82 acres of land. The proposed development is allowed by right with the RS-3 Zoning Designation. Three reserve areas have been included in the platted area, Reserve Area "A" being a detention pond, and will be reviewed as to their adequateness at providing detention for the property. Before any building permits may be issued, all details related to water and wastewater improvements must be reviewed and approved by the Owasso Public Works Department. The proposal for single family homes on the Burberry Place final plat is consistent with the Owasso Land Use Master Plan and is compatible with the most recent zoning decisions rendered by the Owasso City Council and Planning Commission for the area. The Burberry Place final plat is subject to all requirements set forth in the Owasso Zoning Code and Subdivision Regulations, including livability space, which is the area of a given lot less areas dedicated to easements and/or building setbacks, unless otherwise addressed within the Planned Unit Development. 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. The proposed development will require no significant expansion of utilities or infrastructure. Residential sewer service will be provided by the City of Owasso, while water service will be provided by the rural water district #3 of Washington County. PLANNING COMMISSION HEARING: The Owasso Planning Commission considered the request at a public hearing on August 11, 2008. At that meeting the Planning Commission unanimously recommended that the City Council approve the request. RECOMMENDATION: Staff recommends acceptance of the Final Plat. ATTACHMENTS: 1. General Area Map 2. Burberry Place Final Plat T BURBERRY PLACE SUBDIVISION CITY OF OWASSO aiiios n' Le end g 111 N. Main Street P.O. Box 180 Owasso, OK 74055 North EPRES.EN' AN ACCi.7RATE AND TRU~® ALOEN SF' OF THISOMA.P S W T BUT 918.376.1500 WARRANTY OR REPRESENTATION BY CYTY OF OVVASSO OF ITS ACCLTI2.ACY. Legend BAT. SKI I—G LINE u'E .. — EASEMENT LNA TS —C NC ACCESS as STNEET ADDRESS Basis of Bearings ASSUMED BEAMNG R N W5B'S9• E ILa9G THE NORTH .. a THE NE /a DE SECT. 11. T -71-N. R -1a-E w TBE INOAN BASE AW NENSRAN, TULSA —TY, STATE ET _.A. Monumentotion ALL DORMERS SHOWN HEAEDN HERE SET USING A ]/9•X le• STEEL PM WTH A —STC w srMrm •PLS 120.E AT ALL DORMERS. Benchmark r caps s IN0 B:B — —, BET W A caxaET POST, RUSH. STAMPED •120•, SET NEAR SECTw CORNER T.& IJII. T -11 -N, R -Ia-E N.E. OF IITBTN STREET —N AND GARNETT ROAR. ELEY.- 688.0.7 IN— 1988) Notes ALL STREET RIGHT -OE -WAY SHALL BE OEdCATE0 AS PUBLIC STRUE BY THIS PLAT. ADDRESSES SHOWN EN TNIS PUT MERE ACCURATE AT THE TINE THIS PUi WAS RIFD. ADDRESSES ARE SUBJECT TD ... AND ... NEUER BE RELRO GN IN PUCE W IEDAL DESCAIP11- WATER SERMDE MILL RE SUPMED AND NNNTNNEC By WASHINGTON CWNTY RURAL WATER —CT NO. 3. — SANITARY SEVER SERWCE MILL BE SUPPLIED AND MANTNNED BY TIE OTY W OWASSo. Curve Tabie MUYBER Cf1TA ANgE RApUS ARC IENCIH c1 27878 ze ss.W xBSZa a ]oT z9 ]5. W.7 G 189131• MIXY 2 Line Table Rwc LENG111 19.84 aa.m Burberry Place A SUBDIVISION IN THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, BEING A PART OF NE /4 OF THE NW /4 AND PART OF THE NW /4 OF THE NE /4 OF SECTION 17, T -21 —N, R -14 —E OF THE INDIAN BASE AND MERIDIAN. OwnerAeve%per t'ngineer/SIv—," r BAILEY RANCH IINESTMENT GROUP, LUC. HRAOK. INC. P.O. BOX 419 1913 WEST TACOMA SURE –A OWA550, OKIAHOMA 74105 BROKEN ARROW, OKWHOW 74012 (915) 272 -3282 PHONE: (915) 258 -3737 CONTACT: BRAN WYIE EAX: (915) 258 -2554 CA/3643 EXPIRES JUNE 30, 2009 sawq a s // East 1176th '..'•�� H Al/Hf 8t M ,ZI R 14 E EAST 10514 STREET NORTH NBUD,T —m K t i T 1 21 r N EAST 96T1 STREET NORTH Location Map rue r -amv l\ SC018: 1'100' Bub— Cmlon. Eiot, -ft (B91 Late H N R ()Bone m Trr III Revue Arc. lab 12 lob Rod J 12 lob Bm . mn1oH. 27 bla 29.82 ve PLAT No. STATE OF DnIHOW COUNTY OF TULSA cw NAT- TW_HN�4MN.Waw 9sA2 COUNTY TREASURER STAMP 9.11' G CS A51 s9 1BTa5'Sa SO.W 10.09 14291' CS 90M'Se z3.W' n CS 9090'ar 895637• xs.W' w.xr ]9.ze• CB CID ]851] 1en14a MOW MW W. 18. 14.12 CT2 1x9 ] 177 x8• 23. SS.W 39.12 10. M C1] n4 275'11 X ]55D 50.W .1S.W 28A1 x3. n9 eW m• xs. ]9.2 W.4 CI7 C9 055W53' 233 1 150. W. 2Fft 2283 CI9 rn x55513 xs5 I iW. iW. 4' 40.xa Cx1 9959'12• 55.W 54.9 Cxx cv 11'18]9 Sam 41r ISO.W 3s.W' x9.81 sa. Line Table Rwc LENG111 19.84 aa.m Burberry Place A SUBDIVISION IN THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, BEING A PART OF NE /4 OF THE NW /4 AND PART OF THE NW /4 OF THE NE /4 OF SECTION 17, T -21 —N, R -14 —E OF THE INDIAN BASE AND MERIDIAN. OwnerAeve%per t'ngineer/SIv—," r BAILEY RANCH IINESTMENT GROUP, LUC. HRAOK. INC. P.O. BOX 419 1913 WEST TACOMA SURE –A OWA550, OKIAHOMA 74105 BROKEN ARROW, OKWHOW 74012 (915) 272 -3282 PHONE: (915) 258 -3737 CONTACT: BRAN WYIE EAX: (915) 258 -2554 CA/3643 EXPIRES JUNE 30, 2009 sawq a s // East 1176th '..'•�� H Al/Hf 8t M ,ZI R 14 E EAST 10514 STREET NORTH NBUD,T —m K t i T 1 21 r N EAST 96T1 STREET NORTH Location Map rue r -amv l\ SC018: 1'100' Bub— Cmlon. Eiot, -ft (B91 Late H N R ()Bone m Trr III Revue Arc. lab 12 lob Rod J 12 lob Bm . mn1oH. 27 bla 29.82 ve PLAT No. STATE OF DnIHOW COUNTY OF TULSA cw NAT- TW_HN�4MN.Waw 9sA2 COUNTY TREASURER STAMP MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: REQUEST FOR ACCEPTANCE OF THE SEVENS FINAL PLAT DATE: AUGUST 15, 2008 BACKGROUND: The City of Owasso has received a request from Tapp Development Corporation applicant/owner, for the review and acceptance of The Sevens Final Plat. The Final Plat proposes five (5) lots in one (1) block on approximately 7.5 acres of property. The applicant wishes to plat the property so that they may develop a mixed use commercial development. LOCATION: Located on the east side of Garnett Road along the west side of the Owasso Expressway, south of what is recognized as Smith Farms. EXISTING LAND USE: Undeveloped SURROUNDING ZONING: North: CG (Commercial General) South: AG (Agriculture) and CG (Commercial General) SURROUNDING LAND USE: North: Smith Farms Retail Development South: Morton Marine East: Owasso Expressway West: North Garnett Road ZONING HISTORY: June, 2008: The Owasso Planning Commission approved the rezoning of the subject tract to a Commercial Shopping Zoning District within Planned Unit Development 08-02. June, 2008: The Owasso Planning Commission approved a preliminary plat for The Sevens with the following conditions: • Show a mutual access easement on the final plat • Show a 40' set back in lieu of 50 ft along Garnett Road • Verify the turning radius width on Garnett Road • Show limits of no access on final plat • Subject to all of city standards which include the outdoor lighting code and the landscape ordinance 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. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. 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 acceptance of The Sevens Final Plat so that they may plat and eventually develop the property with a variety of commercial uses. The property is zoned CS (Commercial Shopping) OPUD 08-02 (Owasso Planned Unit Development Number 08-02). The designation outlines the development standards for the property in a commercial manner. The proposed layout for the commercial uses associated with the plat is allowed by right according to the zoning designation. According to the final plat, the developer would like to create five (5) lots in one (1) block, on approximately 7.5 acres of land and is subject to all requirements set forth in the Owasso Zoning Code and Subdivision Regulations, unless otherwise specified in the Planned Unit Development. The main access into The Sevens will be from North Garnett Road. Lots within the development will be provided access from the private drive. The private drive will be placed within a common area designated for access purposes. A property owners association through the use of recorded covenants and restrictions shall govern maintenance of the private drive. In June, 2008, the Preliminary Plat for The Sevens was reviewed, and approved, by the Owasso Planning Commission. At that time, the following concerns were mentioned and made conditions upon approval of the final plat: • Show a mutual access easement on the final plat • Show a 40' set back in lieu of 50 ft along Garnett Road • Verify the turning radius width on Garnett Road • Show limits of no access on final plat • Subject to all of city standards which include the outdoor lighting code and the landscape ordinance All concerns have been addressed, and the applicant is now ready to proceed in the platting process. 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 all payback fees including Storm Siren fees of $35 per acre. PLANNING COMMISSION HEARING: The Owasso Planning Commission considered the request at a public hearing on August 11, 2008. At that meeting the Planning Commission unanimously recommended that the City Council approve the request. RECOMMENDATION: Staff recommends acceptance of the Final Plat. ATTACHEMENTS: 1. General Area Map 2. The Sevens Final Plat 3 ~i_r~ _ i ~--, ~~~ ~ -~__ i ,.~~"d THE SEVENS I CITY OF OWASSO 6/4/08 z a a s 0 a 0 Legend 111 N. Main Street P.O. Box 180 Owasso, OK 74055 North 3IS MAP IS FOR. INFORMATION PURPOSE ONLY AND IS NOT INTENI3ED TO 'PRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT 918.376.1500 AFZF21-1NTY OR I2EPRESEN'TATION BY CITY OF OWASSO OF ITS ACCURACY. ,~ s ~ ` '~ ~ ~ ~ '~ y~~ ~ e ~ ~ ~® j - . _- _-_ - go ,a : g o D "+` - ~ _ r e '- ~- _- _ _ _ i _ _ ~ ~_ e I _ _ \ _ ~ w v o m 3 ~ .. ~.~_ ._ r _ _ o«~ i /~ \ ~ ~ // ~ // \ .4 / a ~I ~~~ O ~~~ ~ \ S~9b> of ez~ ~~ ~~ ~. //^ ~ // // ~ // i ,459`/FN S~',o h9 -~3LJ rs 5 I 3e ~ ~ ~ Q O i ' .,^q S. ~._ _ ~ Q,~ V 2S ~~ N -'~ 1/ i - 4 B 3 I by r~'~t Y ~ O I y v ~ r O 3 .bs ° v ~ 0n .ro rl ,n a i < 6 z ~_ ¢ "' ~, ° ' ~ I ~ ~ ~~ ~ ,~ ~I = / ~ ~ ~ I I ~ i ¢ ~a I ~ .s c ~~I I ~ ~ z I I mo, ~ y ~ P049~. M ,bS,£lol0 N ~`° d ~ i I ~~ i r1 i aN W C~~ frt7 , z a m; H ~ Z+, S\ Sl~ ~ ~ ~ \ 59i \ to ~ sy I~ I ~I~ ' ~ ry j ~~f3.6Z,6.. ~~ I (=-_ ,~ o_ - ~- ~ - `~ ' :L ~ 91'~II'~ / __~ J ,/; r ~ -~ ~ ~, ~- r I ~~ ~7 i' ~ ~ ~o r d I o~ ~, ~~~~ ~ ~ i s~ ~ I i I ~~\ ' a °~\\ R to -1 1 ~~ ~ rra ue i _ ~ ~_ ~__. r- _~ ~ ~ Tra on o~ _ - ~ _ _ - - ipau _ - _ _ ti __. ~m ~,u- -- 9bLEI - - - i ,9v C6l ZE~464 M 6f O e ~ -rv.n - ~ OO(7S LIN ~ +- . inn- _ ~ ~ - - ^ + __'1 5 ~-h N i - - JtlOb'117NNY9 'N e_ ______-____-_~ ~____.__ __- ~_«_~~__v___~ ~________ 3 d J~ ~= Z ~ O J az~LL d r6 ~ - _ '_ ~~m~$~x ~a _~ 8 J = ~ ~~~ - J r~ b ~ ~ w ~ r m ~ ~ o a m ~ ~ o a c~ a ~I ~ I - ., ~i _ ~ ~ ~ _ well m~z ill a ~~ MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: JULIE TROUT LOMBARDI GENERAL COUNSEL SUBJECT: PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE OPWA, MORROW INVESTMENT CAPITAL, L.L.C. AND MORROW PLACE INVESTMENT GROUP, L.L.C. DATE: August 15, 2008 BACKGROUND: Morrow Investment Capital, L.L.C. and Morrow Place Investment Group, L.L.C. (collectively "Morrow") acquired an ownership interest several years ago in an 80 acre tract located west of the intersection of U.S. Highway 169 and 116th St. North in Owasso. Morrow and its affiliates intend to develop the tract as a commercial retail center (the "Project"). The Project will require construction of street, utility, service road and storm sewer improvements as a part of its development. Plans for the service road and storm sewer improvements (including detention to the extent that such improvements relate to the proposed service road) have been reviewed and approved by the City and the OPWA. Recognizing that neither the City nor the OPWA currently has funds sufficient to pay the entirety of costs needed to construct both the storm sewer and service road improvements, and further recognizing that the Project is expected to generate substantial new sales tax revenues for the City, the City, the OPWA and Morrow propose to mutually execute a Development Agreement whereby Morrow agrees to pay for the construction of the storm sewer and service road improvements and the OPWA subsequently reimburses Morrow for those costs. Reimbursement to Morrow under the proposed Agreement would be made in monthly installments in an amount equal to one-half cent of the City sales tax generated by businesses located within the Development Area and the Morrow Property. Revenue from any business operating within the City of Owasso at the time the Development Agreement is executed which subsequently relocates in the Development Area shall not be included in the computed payback. This exception notwithstanding, however, sales tax revenue generated by a business existing and operating within Owasso at the time the Development Agreement is executed which thereafter constructs an additional store or business within the Development Area (e.g., Walgreen's, McDonalds) shall be included within the monthly computed payback amount. The estimated cost for construction of the service road and storm sewer improvements for which Morrow will be entitled to reimbursement under the Development Agreement is $536,247.20. The reimbursement amount payable to Morrow shall not exceed this amount. This amount includes payment for 28,749.60 square feet of land which will be dedicated to the City by Morrow for the 116th Street Road Improvements. Construction of all proposed service road and storm sewer improvements must be publicly bid by Morrow in compliance with the Public Competitive Bidding Act contained in Title 61 of the Oklahoma Statutes. Failure to comply with the Act's provisions shall negate Morrow's right to receive reimbursement from either the City or the OPWA for the proposed public improvements. The life of the Development Agreement shall be limited to fifteen (15) years, and the Agreement shall automatically terminate fifteen (15) years after the date the Agreement is executed even if the total cost of the public improvements has not been fully reimbursed to Morrow. Reimbursements to Morrow shall begin only after each of the following has occurred: 1. Ninety (90) days after a business is opened within any part of the Development Property, 2. Sales Tax Revenue is being generated by any portion of the Development Property, 3. Sales Tax Revenue for the initial ninety (90) day period has been received by the City from Oklahoma Tax Commission, and 4. The accrued amount of the payback to Morrow has reached $300,000. Installment payments shall be made to Morrow by the OPWA on a monthly basis within sixty (60) days from the date the City receives the required documentation from the Oklahoma Tax Commission. RECOMMENDATION: Staff recommends City and OPWA approval of the proposed Development Agreement and City Council approval of the indebtedness of the OPWA in the amount of $536,247.20 as set forth in the Agreement. ATTACHMENTS: Proposed Development Agreement DEVELOPMENT AGREEMENT (MORROW DEVELOPMENT) THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into effective as of , 2008 by and between OWASSO PUBLIC WORKS AUTHORITY, an Oklahoma public trust ("Authority") and MORROW INVESTMENT CAPITAL, L.L.C., an Oklahoma limited liability company, and MORROW PLACE INVESTMENT GROUP, L.L.C., an Oklahoma limited liability company (collectively, "MORROW"). RECITALS A. MORROW and its affiliates have acquired ownership interest in that certain property consisting of approximately 80 acres and situated West of the intersection of Highway 169 and North of 116t" Street North in Owasso, Oklahoma ("Property") for the development of a commercial retail center (the "Project"), which property is more fully described and depicted on Exhibit "A" attached hereto. B. This Agreement is being entered into with the expectation that the new Project proposed to be undertaken (or being undertaken) by, or facilitated by, MORROW in Owasso, Oklahoma, will generate substantial new sales tax revenues for the City of Owasso (the "City"). C. MORROW's Project reasonably requires significant land dedications, street improvements (the plans and specifications for which have been prepared by the Authority and reviewed and approved by the City and the Authority) and certain utility, service road and storm sewer improvements (including Detention, but only to the extent that such storm sewer improvements relate to the service road), the plans of which have been prepared by MORROW and reviewed and approved by the City and the Authority, and that neither the City nor the Authority has sufficient current funds to pay the costs thereof at this time. D. Within and subject to the constraints of applicable State law, the City and the Authority have represented that in the event MORROW undertakes to effect and pay the costs of such utility, service road and storm sewer improvements, the Authority will cause MORROW to be reimbursed for such costs. E. The Authority's sources for funding such reimbursements will be either from its surplus revenues or expected funding to be derived from either (i) a City sales tax-based revenue bond issue on the City's current (capital improvements) sales tax of approximately three percent (3.0%); and/or (ii) sufficient annual appropriations or equivalent allocations by the City to the Authority of amounts, payable in monthly installments, equal to one-half cent of such City sales taxes as are collected from businesses or operations situated on (A) any of the "Development Area" described in Exhibit "B" hereto, (B) the MORROW Property. The Project and the Development Area are herein collectively referred to as the "Development Properties". However, no business or operation existing in Owasso at the time this Agreement is executed which subsequently relocates in the Development Area from an existing developed area in Owasso shall be included in the computed payback. Notwithstanding anything herein to the contrary, a business or operation existing in Owasso (e.g., Walgreen's, McDonald's, etc.) which constructs another store or operation in the Development Area shall be included in the computed payback. F. The parties acknowledge that the City cannot obligate itself (i) to appropriate or otherwise allocate any existing or future City sales tax or other moneys to the Authority in any future fiscal year other than on a current fiscal year basis, or (ii) to commit to the Authority that it will facilitate any future bond issue of the Authority, the repayment of which is in whole or in part based on appropriations or allocations of any City sales taxes. G. The parties acknowledge that the City, within and subject to the constraints of applicable State law, has indicated its willingness to express and by these presents does hereby express its reasonable expectations and intentions of undertaking all such actions as may be reasonably necessary to accommodate and facilitate the Authority's performance of this Agreement as set forth above, and through its approval of this Agreement as an incurrence of indebtedness by a public trust of which it is sole beneficiary, and through a Resolution separately adopted concurrently herewith, the City has affirmed such willingness. H. Based on the foregoing, in connection with the Project, MORROW has agreed to construct or cause to be constructed certain public improvements relating to the City's utility, storm sewer (including Detention but only to the extent that such improvements relate to the proposed service road) and roadway systems and facilities (the "Public Improvements"), all as more fully described later in this Agreement and the Authority has determined it would be most advantageous at this time for the Authority to reimburse MORROW for the costs of said Public Improvements pursuant to the terms and conditions set forth below. I. In connection with the development of the Project, the parties desire to more specifically outline the scope, projected cost, time line and project engineering and coordination associated with construction of the Public Improvements. 2 NOW, THEREFORE, in consideration of their respective covenants and conditions herein expressed, the Authority and MORROW agree as follows: 1. Public Improvements. The Public Improvements are generally described as follows, and are more particularly designated or described on the improvement plans for each portion of the Public Improvements prepared by Khoury Engineering, Inc., and set forth on Exhibit "C" attached hereto (the "Public Improvement Plans"). a. MORROW will design and construct storm sewer lines in the existing and/or to be created storm sewer easement more fully described and depicted on Exhibit "E" attached hereto (Storm Sewer Improvements). The City and Authority shall have oversight and design approval of all Public Improvements to be constructed by MORROW. b. MORROW will obtain, file and furnish the necessary right of way dedications to the City as more particularly provided in Section 2 below, and will design and construct that portion of the service road improvements lying north of East 116th Street North, as described and depicted on Exhibit "F" attached hereto ("116th Street Service Road Improvements"). c. As more particularly provided in Paragraph 3 below, CITY will calculate the reimbursement amount due MORROW based on information obtained by CITY from the Oklahoma Tax Commission. In the event MORROW disputes the reimbursement amount calculated by CITY, CITY agrees to cooperate with MORROW to obtain a release from each business or operator locating within the Development Area so that Morrow may facilitate the release of itemized sales tax information regarding such company or organization within the Development Area from the Oklahoma Tax Commission in order for the parties to determine the exact reimbursement amount due to MORROW. Notwithstanding anything herein to the contrary, either parties' failure to obtain such release or such itemized sales tax information shall not be a default of this Agreement or otherwise condition, restrict or prohibit payback. MORROW has caused its engineer to submit to the Authority the proposed engineering plans and specifications with respect to the Storm Sewer Improvements and the 116th Street Service Road Improvements, including the electronic format compatible with AutoCad. The Authority and the City have approved the Public Improvement Plans, and MORROW agrees to construct the Public Improvements as described in the Public Improvement Plans within the time frames set forth in the Public Improvement Plans. The cost estimate for the Public Improvements is $536,247.20, as more specifically itemized on Schedule "1" attached hereto. The reimbursement amount payable to 3 MORROW shall not exceed this amount. MORROW, or its Contractor for said Public Improvements, will post a Performance Bond and a Statutory Bond, or other satisfactory collateral, for said Public Improvements with the City prior to the start of construction. All design and construction undertaken by MORROW shall be consistent with all City codes and ordinances as well as any other regulations or plans relative to the Public Improvements. MORROW shall initially pay all costs incurred for the design and construction of the Public Improvements. MORROW shall receive reimbursement for actual costs incurred for that portion of the design work for which MORROW is responsible and for the construction of the 116th Street Service Road Improvements, including the cost of any required Performance Bonds, Statutory Bonds and Maintenance Bonds as set forth below in Section 3. MORROW is aware that all construction of the Public Improvement Plans must be competitively bid and are required to be in compliance with all Oklahoma competitive bidding statutes. If Morrow does not comply with those bidding statutes, the Authority and the City shall not reimburse MORROW for any portion of the Public Improvements. MORROW hereby agrees to have one (1) employee of the Authority or City present when the bids are opened. The life of this Agreement shall be fifteen (15) years, and the Agreement shall automatically terminate fifteen (15) years after the date of execution of this document even if the cost of the Public Improvements set forth in this Agreement has not been fully reimbursed to MORROW. All Public Improvements shall be subject to the Authority's inspection and approval upon completion. Prior to receipt of the reimbursement described in Section 3 below, and subsequent to completion of the Public Improvement Projects and the requisite acceptance by the City, MORROW shall cause to be prepared, executed and delivered any and all appropriate legal documentation, including, but not limited to, assignments, bills of sales, deeds, easements or grants, reasonably necessary to convey unto the Authority, or its assignee(s), all of MORROW's right, title and interest in and to the Public Improvements free and clear of any and all claims, demands, encumbrances, liens, or interests of others which do or might impair the title of the Authority, or its assignee(s), in and to the Public Improvements. The Authority agrees to accept the Public Improvements if constructed in full compliance with the Public Improvement Plans. Upon completion and acceptance of any public improvement to the satisfaction of the Authority, the Authority will recommend final acceptance by the City. It is understood that each portion of the Public Improvements described in Exhibit "C" may be completed at a different time. Each portion of the Public Improvements will be deemed accepted if not rejected in writing within forty-five (45) days of delivery by MORROW to the Authority of a notice of completion as to that portion of the Public Improvements. Upon acceptance of each portion of the Public Improvements by the Authority, but prior to acceptance by the City, MORROW or its contractor shall post a one (1) year maintenance bond for the each portion of the Public Improvements (the "Maintenance Bonds"). After the respective maintenance bond periods, the Authority shall assume responsibility for maintenance of each portion of the Public Improvements. 4 2. Rights of Way, Utility Easements and Construction Easements. MORROW agrees to furnish the legal description for any necessary right-of--way and utility easements to the Authority. The Authority agrees that it will obtain, file and furnish the necessary right of way dedications and temporary construction easements for the construction of the Public Improvements. The City, by its acknowledgment below, agrees to pay MORROW Seven Dollars ($7.00) per square foot for that portion of the Property in which MORROW is required to dedicate to the City for the 116th Street Service Road Improvements, and that it shall cooperate with MORROW and the Authority to assist in completion of the Public Improvements in accordance with this Agreement. The parties agree that the area to be dedicated to the City for the 116th Street Road Improvements consists of approximately 28,749.60 square feet and that the payment for such dedication will be $201,247.20 which is included in the Schedule "1" aggregate amount. All actual costs and expenses, including acquisition costs, to obtain the above rights of way and temporary construction easements shall be paid pursuant to the terms of this Agreement, including (without limitation) Section 3 below. 3. Reimbursement of Costs for Public Improvements. The parties agree that the engineer's preliminary estimate of the total anticipated, estimated costs of providing and developing all of the Public Improvements is $536,247.20, as is more fully set forth on Schedule "1", which MORROW shall be entitled to reimbursement. Such schedule represents the parties' good faith estimate of the projected costs associated with the construction of the Public Improvements. The expenses to be reimbursed are solely for the actual cost of construction (not including overhead) of the Public Improvements, design of the Storm Sewer Improvements and the 116th Street Service Road Improvements, and any required Performance Bonds and Statutory Bonds, but not Maintenance Bonds. Upon completion and acceptance of each portion of the Public Improvements as contemplated by this Agreement, MORROW shall provide certified (by an authorized representative of MORROW) figures to the Authority of the actual costs of that portion of the Public Improvements. Upon receipt thereof, the Authority, upon ten (10) days written notice to MORROW, shall be authorized and allowed to audit and examine, at City Hall, City of Owasso, 111 N. Main, Owasso, Oklahoma, at reasonable times, any and all supportive documentation possessed by MORROW, its agents, officers, employees and/or independent contractors, reasonably necessary and related to the certified figures of the actual costs of that portion of the Public Improvements. MORROW shall be reimbursed for the cost of design, construction and bonding of the Public Improvements set forth on Schedule "1" as follows: a. The Public Improvements shall be paid by the Authority to MORROW in installments of an amount calculated to equal the rate of one-half (1/2) of one cent of retail sales tax collected by the City from the retail sales within the Development Area. The parties understand that the reimbursement to MORROW shall begin only upon occurrence of each of the following: i) ninety (90) days after a store opens in any portion 5 of the Development Properties, ii) any portion of the Development Properties has begun generating retail sales tax revenue for the City, and (iii) sales tax revenue for the initial ninety (90) day period is received by the City from the Oklahoma Tax Commission, and (iv) the accrued amount of the payback reaches Three Hundred Thousand Dollars ($300,000). The installment payment shall be made by the Authority on a monthly basis within sixty (60) days after the date the City receives the sales tax receipts from the Oklahoma Tax Commissioner for any retail sales at any portion of the Development Properties. 4. Revision to the "Limits of No Access" Designation. The Authority agrees to request a reduction of the "limits of no access" designation from the Oklahoma Department of Transportation so that a curb cut can be located on East 116th Street North to provide access for the southeastern portion of the MORROW property. 5. Remedies. In the event of any default in or breach of any terms or conditions of this Agreement by any party, or any successor, the defaulting or breaching party shall, upon written notice from the other party, proceed immediately to cure or remedy such default or breach, and shall in any event, within thirty (30) days after receipt of notice, commence to cure or remedy such default. In case such cure or remedy is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including but not limited to proceedings to compel specific performance by the defaulting or breaching party. The parties, their successors and assigns, further agree that the other party shall have the right and power to institute and prosecute proceedings to enjoin the threatened or attempted violation of any clauses contained herein. 6. Miscellaneous. a. Inspection. To the extent within MORROW'S control, MORROW shall allow the Authority, or their authorized representatives, to access the Public Improvements to inspect the work at any time. b. Choice of Law. This Agreement shall be taken and deemed to have been fully executed and made by the parties herein and governed by the laws of the State of Oklahoma for all purposes and intents. c. Entire Agreement. The parties agree that this Agreement constitutes the entire agreement between the parties and that no other agreements or representations other than those contained in this Agreement have been made by the parties. This Agreement shall be amended only in writing, and effective when signed by the authorized agents of the parties. 6 d. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute one and the same instrument. e. Severability. In the event that any term or provision or this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect to the extent the remainder can be given effect without the invalid provision. £ Binding. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs and assigns. g. Costs. In the event of a dispute relating to the matters set forth herein, the prevailing party shall be entitled to reimbursements for all reasonable attorneys' fees and expenses incurred in connection therewith. h. Notices. Any notice, request or demand provided for in this Agreement shall be deemed to have been sent notice when the notice has been delivered by personal delivery, overnight mail or delivery service, facsimile or deposited in the United States mail, registered or certified, with postage thereon prepaid to the addresses as set forth below. Notice shall be deemed received upon the earlier of: (1) if personally delivered (whether by courier or overnight private mail or delivery services), the date of delivery; (ii) if mailed, three (3) business days after the date of posting by the United States post office; or (iii) if given by facsimile when sent. The parties' addresses are as follows: To the Authority: Owasso Public Works Authority 111 North Main Street Owasso, Oklahoma 74055 Fax No. 918.272.49116 To the City: City of Owasso 111 North Main Street Owasso, Oklahoma 74055 Attention: Rodney Ray Fax No. 918.376.1599 To MORROW: Morrow Place Investment Group, L.L.C. 12150 E. 96t" Street North, Suite 200 Owasso, Oklahoma 74055 Attn: Pete Kourtis Fax No. 918.272.5376 i. Authority. This Agreement shall become a binding obligation upon execution by all parties hereto. The Authority warrants and represents that the individual executing this Agreement on behalf of the Authority has full authority to execute this 7 Agreement and bind the Authority to the same. The Authority further warrants and represents that this Agreement is valid and enforceable under applicable law and the Authority's public trust documents, and that the Authority has taken all requisite action necessary to approve this Agreement. MORROW warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind MORROW to the same. MORROW further warrants and represents that this Agreement is valid and enforceable under applicable law and MORROW'S corporate documents, and that MORROW has taken all requisite action necessary to approve this Agreement. The City, by its acknowledgement below, warrants that the City Resolution(s) attached hereto as Exhibit "D" authorizing the construction of the Public Improvements and work and undertakings related thereto, including the execution of this Agreement, have all been duly authorized by proper and legal action taken by the City of Owasso, Oklahoma. j. Force Majeure. If an event of force majeure occurs, the time for performance of the obligations under this Agreement, other than the payment of sums due, shall be extended for the duration of the event of force majeure. An event of force majeure shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental actions (unless caused by the intentionally wrongful acts or omissions of the party), fires, explosions, floods, strikes, slowdowns or work stoppages. Inability to pay is not an event of force majeure. IN WITNESS WHEREOF the parties have executed this instrument to be effective as of the day and year first above written. (SEPARATE SIGNATURE PAGES FOLLOW) (Remainder of Page Intentionally Left Blank) 8 SEPARATE SIGNATURE PAGE OF THE AUTHORITY OWASSO PUBLIC WORKS AUTHORITY an Oklahoma Public Trust BY. Name: Title: Signed as of the effective date on page I . ACKNOWLEDGED AND APPROVED as to form this day of 2008, by the City of Owasso, Oklahoma. CITY OF OWASSO By: Name: Attested to By: By Name: City Clerk SEPARATE SIGNATURE PAGE OF MORROW MORROW PLACE INVESTMENT GROUP, L.L.C. By Pete Kourtis, Manager Signed as of the effective date on page 1. MORROW INVESTMENT CAPITAL, L.L.C. By: Kathleen Morrow Antoniadis, Manager By: Frank Morrow, Manager Signed as of the effective date on page 1. EXHIBIT "A" LEGAL DESCRIPTION THE MORROW PROPERTY PART OF THE SW/4 SECTION 4, T-21-N R-14-E MORROW PLACE 80 Acre Commercial Tract Description (Southerly tract) A TRACT OF LAND THAT IS A PART OF THE SOUTHWEST QUARTER (SW/4) OF SECTION FOUR (4), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SW/4 OF SECTION 4; THENCE NORTH 1°28'15" WEST ALONG THE WESTERLY LINE OF SECTION 4, FOR A DISTANCE OF 750.00 FEET TO A POINT; THENCE NORTH 88°31'45" EAST AND PERPENDICULAR TO SAID WESTERLY LINE, FOR A DISTANCE OF 93.53 FEET TO A POINT OF CURVATURE; THENCE ALONG A 430.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 46°28'15", FOR AN ARC DISTANCE OF 348.76 FEET TO A POINT OF TANGENCY; THENCE SOUTH 45°00'00" EAST FOR A DISTANCE OF 83.87 FEET TO A POINT OF CURVATURE; THENCE ALONG A 600.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 471.24 FEET TO A POINT OF TANGENCY; THENCE NORTH 90°00'00" EAST FOR A DISTANCE OF 310.63 FEET TO A POINT; THENCE NORTH 10°00'00" EAST FOR A DISTANCE OF 275.89 FEET TO A POINT; THENCE NORTH 20°00'00" EAST FOR A DISTANCE OF 195.00 FEET TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER (E/2 SW/4) OF SECTION 4; THENCE NORTH 1°26'09" WEST ALONG SAID WESTERLY LINE, FOR A DISTANCE OF 1,825.00 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF SAID E/2 SW/4; THENCE NORTH 88°47'03" EAST ALONG THE NORTHERLY LINE OF THE E/2 SW/4, FOR A DISTANCE OF 1,149.16 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 169; THENCE ALONG SAID RIGHT-OF-WAY LINE FOR THE FOLLOWING TEN (10) COURSES: SOUTH 1°18'02" EAST FOR A DISTANCE OF 1,173.29 FEET TO A POINT; THENCE SOUTH 2°04'52" WEST FOR A DISTANCE OF 602.60 FEET TO A POINT; THENCE SOUTH 12°12'21" WEST FOR A DISTANCE OF 342.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A 1,220.92 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 13°27'46", FOR AN ARC DISTANCE OF 286.88 FEET TO A POINT OF TANGENCY; THENCE SOUTH 1 ° 15'26" EAST FOR A DISTANCE OF 100.00 FEET TO A POINT; THENCE SOUTH 88°44'34" WEST FOR A DISTANCE OF 225.00 FEET TO A POINT; THENCE SOUTH 85°52'50" WEST FOR A DISTANCE OF 500.62 FEET TO A POINT; THENCE SOUTH 74°42'24" WEST FOR A DISTANCE OF 103.08 FEET TO A POINT; THENCE SOUTH 88°44'34" WEST FOR A DISTANCE OF 168.86 FEET TO A POINT ON THE WESTERLY LINE OF THE E/2 SW/4; THENCE SOUTH 1°26'09" EAST ALONG SAID WESTERLY LINE, FOR A DISTANCE OF 100.00 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF THE E/2 SW/3; THENCE SOUTH 88°44'34" WEST ALONG THE SOUTHERLY LINE OF THE W/2 OF SECTION 4, FOR A DISTANCE OF 1,318.94 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 3,484,786 SQUARE FEET, OR 80.000 ACRES. EXHIBIT "B" DEVELOPMENT AREA (City of Owasso, Oklahoma) Part of the W/2 Section 4, T-21-N R-14-E Morrow Place Tract D Description A TRACT OF LAND THAT IN TWO (2) PARTS, BEING A PART OF THE WEST HALF (W/2) OF SECTION FOUR (4), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PART D-1: COMMENCING AT THE NORTHWEST CORNER OF GOVERNMENT LOT THREE (3), OF SAID SECTION 4; THENCE SOUTH 1°26'23" EAST ALONG THE WESTERLY LINE OF SAID GOVERNMENT LOT 3 AND THE WESTERLY RIGHT- OF-WAY LINE OF U.S. HIGHWAY 169, FOR A DISTANCE OF 50.00 FEET TO A POINT; THENCE NORTH 88°56'45" EAST AND CONTINUING ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 227.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°56'45" EAST AND ALONG THE RIGHT-OF-WAY LINE, FOR A DISTANCE OF 130.42 FEET TO A POINT; THENCE SOUTH 84°50'06" EAST AND CONTINUING ALONG THE RIGHT-OF-WAY LINE, FOR A DISTANCE OF 230.26 FEET TO A POINT; THENCE SOUTH 1°25'13" EAST AND CONTINUING ALONG THE RIGHT-OF-WAY LINE, FOR A DISTANCE OF 515.00 FEET TO A POINT; THENCE SOUTH 88°34'47" WEST FOR A DISTANCE OF 37.65 FEET TO A POINT OF CURVATURE; THENCE ALONG A 325.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 36°00'47", FOR AN ARC DISTANCE OF 204.28 FEET TO A POINT OF TANGENCY; THENCE NORTH 55°24'26" WEST FOR A DISTANCE OF 86.26 FEET TO A POINT OF CURVATURE; THENCE ALONG A 50.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 36°01'59", FOR AN ARC DISTANCE OF 31.44 FEET TO A POINT OF TANGENCY; THENCE SOUTH 88°33'35" WEST FOR A DISTANCE OF 32.07 FEET TO A POINT; THENCE NORTHERLY ALONG A 300.00 FOOT RADIUS CURVE TO THE LEFT, HAVING AN INITIAL TANGENT BEARING OF NORTH 3°12'34" EAST, A CENTRAL ANGLE OF 4°38'57", FOR AN ARC DISTANCE OF 24.34 FEET TO A POINT OF TANGENCY; THENCE NORTH 1°26'25" WEST FOR A DISTANCE OF 395.55 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 174,235 SQUARE FEET, OR 4.000 ACRES; AND PART D-2: BEGINNING AT THE SOUTHWEST CORNER OF SAID W/2 OF SECTION 4; THENCE NORTH 1°28'15" WEST ALONG THE WESTERLY LINE OF SECTION 4, FOR A DISTANCE OF 750.00 FEET TO A POINT; THENCE NORTH 88°31'45" EAST AND PERPENDICULAR TO SAID WESTERLY LINE, FOR A DISTANCE OF 93.53 FEET TO A POINT OF CURVATURE; THENCE ALONG A 430.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 46°28'15", FOR AN ARC DISTANCE OF 348.76 FEET TO A POINT OF TANGENCY; THENCE SOUTH 45°00'00" EAST FOR A DISTANCE OF 83.87 FEET TO A POINT OF CURVATURE; THENCE ALONG A 600.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 471.24 FEET TO A POINT OF TANGENCY; THENCE NORTH 90°00'00" EAST FOR A DISTANCE OF 310.63 FEET TO A POINT; THENCE NORTH 10°00'00" EAST FOR A DISTANCE OF 275.89 FEET TO A POINT; THENCE NORTH 20°00'00" EAST FOR A DISTANCE OF 195.00 FEET TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER (E/2 SW/4) OF SECTION 4; THENCE NORTH 1°26'09" WEST ALONG SAID WESTERLY LINE, FOR A DISTANCE OF 1,825.00 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF SAID E/2 SW/4; THENCE NORTH 88°47'03" EAST ALONG THE NORTHERLY LINE OF THE E/2 SW/4, FOR A DISTANCE OF 1,149.16 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 169; THENCE ALONG SAID RIGHT-OF-WAY LINE FOR THE FOLLOWING TEN (10) COURSES: SOUTH 1°18'02" EAST FOR A DISTANCE OF 1,173.29 FEET TO A POINT; THENCE SOUTH 2°04'52" WEST FOR A DISTANCE OF 602.60 FEET TO A POINT; THENCE SOUTH 12°12'21" WEST FOR A DISTANCE OF 342.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A 1,220.92 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 13°27'46", FOR AN ARC DISTANCE OF 286.88 FEET TO A POINT OF TANGENCY; THENCE SOUTH 1°15'26" EAST FOR A DISTANCE OF 100.00 FEET TO A POINT; THENCE SOUTH 88°44'34" WEST FOR A DISTANCE OF 225.00 FEET TO A POINT; THENCE SOUTH 85°52'50" WEST FOR A DISTANCE OF 500.62 FEET TO A POINT; THENCE SOUTH 74°42'24" WEST FOR A DISTANCE OF 103.08 FEET TO A POINT; THENCE SOUTH 88°44'34" WEST FOR A DISTANCE OF 168.86 FEET TO A POINT ON THE WESTERLY LINE OF THE E/2 SW/4; THENCE SOUTH 1°26'09" EAST ALONG SAID WESTERLY LINE, FOR A DISTANCE OF 100.00 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF THE E/2 SW/3; THENCE SOUTH 88°44'34" WEST ALONG THE SOUTHERLY LINE OF THE W/2 OF SECTION 4, FOR A DISTANCE OF 1,318.94 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 3,484,786 SQUARE FEET, OR 80.000 ACRES; THE COMBINED TRACTS CONTAINING 3,659,021 SQUARE FEET, OR 84.000 EXHIBIT "C" (PUBLIC IMPROVEMENT PLANS) EXHIBIT "D" CITY OF OWASSO, OKLAHOMA RESOLUTIONS EXHIBIT "E" STORM SEWER EASEMENT EXHIBIT "F" 116T" STREET SERVICE ROAD IMPROVEMENTS SCHEDULE "1" ESTIMATED COSTS OF PUBLIC IMPROVEMENTS) 116 ~" STREET SERVICE ROAD IMRPOVEMENTS $501,247.20 STORM SEWER IMPROVEMENTS $35,000.00 PLUS COSTS OF PERFORMANCE AND STATUTORY (BUT NOT MAINTENANCE BONDS) TO BE INCLUDED IN REIMBURSEMENTS MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: PROPOSED CONTRACT BETWEEN THE CITY OF OWASSO AND YOUTH SERVICES OF TULSA, INC. TO ESTABLISH AND OPERATE THE OWASSO YOUTH COURT DATE: August 19, 2008 BACKGROUND Youth courts provide alternative methods of prosecution and sentencing for juveniles who have committed certain types of crimes, and are being implemented in increasing numbers throughout metropolitan areas and suburban communities. "Specialty courts" such as this have proven to be more effective than traditional courts in addressing non-violent crimes committed by minors who are first time offenders. Establishing and operating a youth court is time intensive and requires specialized skills and knowledge to recruit and train both youth volunteers and attorney advisors within the community. To ensure that a youth court program is successful within a community and achieves the desired goals, mid-high and high school students must be recruited both prior to the project's inception and thereafter on a regular basis. The need for comprehensive training for these student volunteers is ongoing and the required training must be offered on a regular basis. Youth Services of Tulsa, Inc. ("Youth Services") has successfully implemented youth courts in several jurisdictions within Tulsa County, and is knowledgeable regarding the implementation, training and daily administrative operation of a successful youth court which meets the needs of the youth in a community and produces the desired results. Given that Youth Services has significant knowledge and experience in all facets of organizing and operating a youth court program, the City staff approached Youth Services several months ago to discuss the possible implementation of a youth court in Owasso. As a result of those discussions, Youth Services has submitted a proposed contract for the City Council's consideration to create and manage the Owasso Youth Court. The proposed contract provides that Youth Services will recruit and train student volunteers from the Owasso Mid-High and High Schools, recruit and train local lawyers willing to serve as attorney advisors for the youth court, hire afull-time staff Coordinator to oversee the formation of the Owasso Youth Court, and assume responsibility for the daily operations of the youth court subsequent to its formation. The Owasso Youth Court Coordinator be present at all times when the youth court is in session. Under the proposed contract, Youth Services will offer a six week comprehensive training course on an as-needed basis to train both student volunteers and attorney advisors. Youth Services would additionally assume all responsibility for the Owasso Youth Court's scheduling, documentation, and administrative operations. In return for these services, the City would pay Youth Services $45,000 for the 2008-2009 fiscal year to establish and oversee the Owasso Youth Court. The contract would terminate one year from the date the contract is executed by Youth Services and the City unless the contract is extended by the City Council. The Owasso Youth Court program will not require additional time or assistance from City staff because all operational tasks will be handled by the Owasso Youth Court Coordinator who will be hired and compensated by Youth Services. The proposed Owasso Youth Court will convene one evening each week and will hear and decide approximately 30-50 cases per month. Only non-violent, non-felony offenses committed by first-time offenders will be eligible to be heard by the youth court, and consent from the City's Municipal Prosecutor will be required before a case can be transferred from the Owasso Municipal Court to the Owasso Youth Court. During court sessions, the prosecutor will present the case against the offender to a three judge panel, and the offender's defense will be presented by the defense attorney. The Owasso Youth Court Coordinator from Youth Services will be present in the courtroom during all sessions to ensure that the court's docket operates efficiently and effectively. Likewise, an attorney advisor will be present in the courtroom to provide explanations, interpretations and clarifications upon request to the youth volunteers regarding the law(s) under which the offender is charged. The sentence imposed upon the offender by the three judge panel differs from a traditional municipal court's sentence in three ways: 1) The offense and sentence are not recorded on the offender's record if the offender completes the Court's sentence 2) The offender may not appeal the Youth Court's sentence to a higher court, and, 3) Numerous sentencing options are available to the three judge panel. The sentencing options available to youth court judges include assignment of community service hours, requiring that a written or verbal sincere apology be made by the offender to the victim and/or the payment of restitution to the victim. In addition, youth court judges may also make non- binding recommendations to the offender's parent or guardian suggesting that a curfew be imposed upon the offender or that the offender be evaluated at a drug or alcohol treatment facility. Participation in the Youth Court program, however, is voluntary and no juvenile offender will be compelled to appear before that Court if they do not wish to do so. Youth who opt not to have their cases heard and decided in the Youth Court will appear before the Owasso Municipal Court as they do now. Youth Services has successfully designed, implemented and managed youth court programs in the Tulsa County District Court and the City of Broken Arrow. Like the majority of jurisdictions across the State of Oklahoma and United States, both programs have achieved the desired results by significantly reducing the number of repeat offenses committed by first-time offenders whose cases are heard in the youth court rather than the traditional municipal court. The youth court program allows each case to be individually examined and is able to address the special needs of each offender. The sentence imposed upon the offender may be particularized to address each offender's individual circumstances and needs thereby significantly reducing the likelihood that the offender will be charged with additional offenses in the future. Successful youth courts across the United States attribute the good results the courts have achieved at least in part to the credibility of the youth volunteers who run the court. Review and sentencing by a court of one's youthful peers has proven to be vastly more effective than by an adult judge in the traditional court system, and an offender whose case is heard by a youth court is much less likely to become a repeat offender. RECOMMENDATION Staff recommends City approval of the proposed Youth Court Contract and authorization of the City Manager to execute the contract and all other necessary documents. ATTACHMENTS Proposed Youth Court Contract AGREEMENT BETWEEN THE CITY OF OWASSO AND YOUTH SERVICES, INC. FOR THE DEVELOPMENT AND MANAGEMENT OF THE OWASSO YOUTH COURT The City of Owasso, Oklahoma (hereinafter referred to as "City") and Youth Services of Tulsa County, Inc. (hereinafter referred to as "Youth Services") agree as follows: The City has determined there is a need to provide an alternative to prosecution for first time, non-violent and non-felony juvenile offenders who have committed offenses which would be heard in the City of Owasso's Municipal Court. The City further finds that Youth Services has significant experience implementing and facilitating alternative venues known as Youth Courts within Tulsa County, and that Youth Services is comprised of knowledgeable people having many year's experience in this field who can develop and operate a Youth Court. Based upon the need faced by the City of Owasso to provide prosecution alternatives to traditional sentencing of juveniles in the municipal court setting, and the expertise and ability of Youth Services to establish and operate youth courts, the City and Youth Services hereby agree to mutually execute a contract to establish, fund and operate a juvenile court intervention program. The Owasso Youth Court will be conducted by youth peers who have successfully completed the mandatory training program conducted by Youth Services. All aspects of the Owasso Youth Court shall be conducted by volunteer youth including prosecution, defense and sentencing. The terms of this Agreement shall be effective on October 1, 2008 and shall expire on September 30, 2009. This Agreement shall not renew automatically and will terminate on September 30, 2009 unless an extension of this Agreement, in writing, is executed by The City of Owasso and Youth Services of Tulsa County, Inc. prior to the termination of the Agreement. The City shall pay Youth Services forty-five thousand dollars ($45,000) as total compensation for implementing and facilitating a Youth Court for one year, including the hiring of a full-time coordinator who will oversee and manage the daily operations of the Owasso Youth Court. The total sum of compensation shall be paid to Youth Services in twelve (12) equal monthly payments commencing on October I, 2008. Youth Services shall employ personnel with the necessary degree of knowledge, experience, training and credentials to facilitate and operate the Youth Court, and shall at all times during the pendency of this Agreement employ at least one (1) person to serve as a full-time coordinator to supervise, direct and oversee the Owasso Youth Court and serve as a liaison between the City and Youth Services. Youth Services shall fully train all youth peers who make application and are selected by Youth Services to participate as youth volunteers in the Youth Court program. Youth Services will work with the Owasso schools to recruit youth desiring to serve in the program and will be responsible for providing the required training before youth volunteers may serve in any official capacity within the program. Youth Services will also work with the City to obtain a list of attorneys who might be willing to serve as attorney advisors to the Youth Court program, and shall take all other actions necessary to ensure that each Youth Court session shall have an attorney advisor present. Youth Services shall be an independent contractor under this Agreement. This Agreement shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between the City and Youth Services or its officers, employees, contractors or representatives for any purpose. Youth Services shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any employee (other than staff members of the City of Owasso) or other person for injuries from or connected with services performed pursuant to this Agreement. As partial consideration for this Agreement, Youth Services agrees to indemnify, defend (at the City's option), and hold harmless the City, its employees, officials, agents, representatives and volunteers from and against any and all liabilities, damages, injuries (excluding death), property damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings and reasonable attorney's fees, and actual damages of any kind or nature, arising out of or in connection with any of the acts, omissions, negligence or willful misconduct of Youth Services, its employees, agents, officers, contractors, or their performance or failure to perform under the terms and conditions of this Agreement. Such indemnification, hold harmless and defense obligation shall exclude only such liability actions as arise directly out of the sole negligence or willful misconduct of the City and in accordance with the terms, conditions and exceptions contained in the Governmental Tort Claims Act. The indemnification and defense obligations set forth herein shall survive the termination of this Agreement Without limiting the City's right to indemnification, Youth Services and each of its contractors shall obtain no less than, or on terms more restrictive than, the following: General Liability Insurance covering all premises and activities, with an applicable limit of liability not less that One Million Dollars ($1,000,000.00) per claimant; One Million Dollars ($1,000,000.00) annual aggregate; and Comprehensive Automobile Liability Insurance applicable to all owned, hired and non-owned vehicles in an amount not less than One Million Dollars ($1,000,000.00) per occurrence; and Worker's Compensation Insurance Coverage in compliance with the Worker's Compensation Laws of the State of Oklahoma. Youth Services shall include the City as an Additional Insured on all required insurance policies. Youth Services shall also require its contractors to list the City as an Additional Insured. Youth Services shall submit certificates of insurance to the City's Risk Manager for approval prior to allowing any individuals to engage in any activities under this Agreement. Youth Services and its contractors shall maintain the required insurance with insurers that carry a Best's "A" rating and which are licensed and admitted to write insurance in Oklahoma. Failure of Youth Services or its contractors to obtain and maintain any required insurance shall not relieve Youth Services from any liability hereunder. Such coverage shall not be canceled or materially changed without giving the City at least thirty (30) days prior written notification thereof. This Agreement shall be subject to termination if Youth Services fails to keep, perform and observe all promises, covenants, conditions and agreements set forth in this Agreement. Any waiver of any breach of any one or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the 2 same or of any other covenant, condition, term or agreement herein contained, nor shall failure to require exact, full, and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this Agreement or stopping the City from enforcing the full provisions thereof. Neither this Agreement, nor any of the rights hereunder, shall be sold, assigned, or encumbered by Youth Services. This Agreement shall be construed under the laws of the State of Oklahoma. Exclusive original jurisdiction and venue for any action relating to this Agreement shall be solely in the Tulsa County District Courts of Oklahoma. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all proposals, oral or written, and all other communications between the parties with respect to the subject matter of this Agreement. This document may be modified only by further written agreement. Any such modification shall not be effective unless and until executed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. Executed the day of , 2008. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. CITY OF OWASSO: YOUTH SERVICES: Rodney J. Ray City Manager Attest: Sherry Bishop City Clerk James M. Walker Executive Director 3 Approved as to Form: Julie Lombardi City Attorney and General Counsel