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Home My WebLink About1993.01.05_City Council AgendaNOTICE OF PUBLIC MEETING The Owasso City Council will meet in a regular session on Tuesday, January 5, 1993 at 7:00 p.m. in the Council Chambers at the Community Center, 301 South Cedar, Owasso, Oklahoma. Notice of addendum filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 p.m. on Monday, January 4, 1993. City Manager ADDENDUM TO AGENDA 17. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the office of the city clerk. Mr. Ray Staff will recommend Council approval of the request for an executive session. 18. Consideration and appropriate action relating to the appointment and assignment of duties of the city clerk. Mayor Marlar 19. Adjourn NOTICE OF PUBLIC MEETING The Owasso City Council will meet in a regular session on Tuesday, January 5, 1993 at 7:00 p.m. in the Council Chambers at the Community Center, 301 South Cedar, Owasso, Oklahoma. Notice filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Wednesday, December 30, 1992. Jane Buchanan, City Clerk AGENDA 1. Call to Order. 2. Flag Salute. 3. Roll Call. 4. Request approval of the minutes from the regular meeting on December 15, 1992. Attachment No. 4 5. Request approval of claims. Attachment No. 5 Owasso City Council Page Two January 5, 1993 6. Mayor's Proclamation proclaiming Hinkle and Cash Optometrists as the O.E.D.A. Honored Business During the First Quarter of 1993. Mayor Marlar Attachment No. 6 7. Consideration and appropriate action relating to a contract for legal services between the City of Owasso and the firm of Hall, Estill, Hardwick, Gable, Golden and Nelson for the purpose of representing the City in the matter of the Double Eagle Superfund Site. Mr. Ray Mr. Cates Attachment No. 7 The staff will recommend Council approval of the agreement and authorization for the expenditure of $1,000 to the firm of Hall, Estill, Hardwick, Gable, Golden and Nelson. 8. Consideration and appropriate action relating to Ordinance ' No. 454. An Ordinance rezoning a tract of land in the east one -half of Section 20, Township 21 North, Range 14 East, from "CS" (Commercial Shopping Center) District to "OPUD- , 11", generally located on the northwest corner of 86th Street North and 129th East Avenue. Mr. Rooney ' Attachment No. 8 The staff will recommend Council approval of Ordinance No. 454. Owasso City Council Page, Three Janmary 5, 1993 9. Consideration and appropriate action relating to Ordinance No. 455. An Ordinance amending Part 7, Section 7 -107 (6) providing for exception from competitive bidding requirements. Mr. Ray Attachment No. 9 The staff recommends Council approval of Ordinance No. 455. 11. Consideration and appropriate action relating to the Urban Area Boundaries and Functional Classification System as it relates to the City of Owasso. Mr. Compton Attachment No. 11 t The staff will recommend approval of the Urban Area Boundaries and Functional Classification System as presented and thus authorizing the Mayor to execute all documents relating to this matter. 10. Consideration and appropriate action relating to Resolution No. 93 -01. A Resolution calling a non - partisan primary and general election for the purpose of electing Councilmembers for Ward Three and Ward Four. Ms. Buchanan Attachment No. 10 The staff will recommend Council approval of Resolution 93-01. 11. Consideration and appropriate action relating to the Urban Area Boundaries and Functional Classification System as it relates to the City of Owasso. Mr. Compton Attachment No. 11 t The staff will recommend approval of the Urban Area Boundaries and Functional Classification System as presented and thus authorizing the Mayor to execute all documents relating to this matter. Owasso City Council Page Four January 5, 1993 12. Consideration and appropriate action relating to a Presentation of Independent Financial Audit for FY 1991-92 General Fund and other Funds. Ms. Bishop Mr. Legener See Enclosure The staff will recommend Council receive the audit report and direct staff to file the audit report with the necessary agencies as required by law. 13. Report from City Manager. 14. Report from City Attorney. 15. Unfinished Business. 16. New Business. 17. Adjourn. OWASSO CITY COUNCIL DECEMBER 15, 1992 On Tuesday, December 15, 1992 the Owasso City Council met in a regular session in the Council Chambers at the Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, December 11, 1992. ITEM 1: CALL TO ORDER. The meeting was called to order at 7:00 p.m. with Mayor Marlar presiding. ITEM 2: FLAG SALUTE. The flag salute was led by Mayor Marlar. ITEM 3: ROLL CALL. PRESENT: Patricia K. Marlar, Mayor Jason Gittelman, Vice Mayor John Phillips, Councilman Bob Randolph, Councilman Rodney J. Ray, City Manager Ronald D. Cates, City Attorney Marcia Boutwell, Deputy City Clerk ABSENT: James Smalley, Councilman Jane Buchanan, City Clerk A quorum was declared present. ITEM 4: REQUEST APPROVAL OF THE MINUTES FROM THE REGULAR MEETING ON DECEMBER 1, 1992. A motion was made by J. Gittelman, seconded by B. Randolph, to approve the minutes, by reference made a part hereto. AYE: Gittelman, Randolph, Phillips, Marlar NAY: None MOTION: Carried 4-0 OWASSO CITY COUNCIL DECEMBER 15, 1992 ITEM 5: REQUEST FOR APPROVAL OF THE CLAIMS A motion was made by B. Randolph, seconded by J. Phillips, to approve the following claims and addendum as submitted: (1) General Fund $24,613.84 (2) Ambulance Service Fund $145.12 (3) City Garage $55,917.22 (4) Debt Service $562.50 (5) Workers' Compensation Self- Insurance Plan $626.72 (6) General Fund Payroll $84,985.05 (7) Garage Payroll $3,418.62. AYE: Randolph, Phillips, Gittelman, Marlar NAY: None MOTION: Carried 4 -0 ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST BY MR. KENNETH THOMPSON FOR PAYMENT OF PROCEEDS FROM A RETIREMENT ANNUITY ESTABLISHED DURING HIS EMPLOYMENT WITH THE CITY OF OWASSO. Mr. Kenneth Thompson and Mr. Harold Charney, his legal counsel, were present. Mr. Charney addressed Council stating when Mr. Thompson left employment with the City in 1984 his annuity account was terminated, at his request, and funds were returned to the City. Stifel Nicolaus & Company, Inc., his new account manager, is stating the monies were never received from the City. He continued by stating correspondence with the City administration began in April of this year and has recently been denied by the staff. He was now addressing Council asking for their consideration in this matter. The surrendered amount in 1984 was $2,324.03 and Stifel is now showing a current value of $13,000.00 in his portfolio. Mr. Ray reviewed with Council the administration's position for denial. Mr. Cates questioned whether this was a valid claim because of the statute of limitations and requested additional information and time to review and deliberate this issue. Mr. Charney offered to settle for $2,500.00 at this time, but Mr. Cates stated Stifel needs to explain in more detail. After discussion by Council and all parties involved, a motion was made by Mayor Marlar, seconded by J. Phillips, to table this item for further discussion and deliberation at a special meeting at 6:00 p.m. on February 2, 1993. This item will be included on the agenda for action at the regularly scheduled Council meeting at 7:00 p.m. on this same date. 2 OWASSO CITY COUNCIL DECEMBER 15, 1992 AYE; Marlar, Phillips, Gittelman, Randolph NAY: None MOTION: Carried 4-0 ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM TRAIL'S END PROPERTIES, INC. (WINDSOR LAKE) FOR ACCEPTANCE OF WATER AND WASTEWATER ADDITIONS TO THE CITY'S SYSTEM. Mr. Augustine presented this item to Council stating this item was tabled at the December 5, 1992 meeting because Council questioned the acceptance of the water and sewer systems prior to the entire infrastructure was ready for acceptance. The developer has outlined a schedule for completion of the streets and storm sewer and a commitment to pay the completion costs as the Council requested. With this additional information and the appropriate maintenance bonds in place, a recommendation was made to accept the water and wastewater systems in the Windsor Lake addition. A motion was made by J. J Phillips, seconded by J. Gittelman, to accept the water and wastewater systems in the Windsor Lake addition. AYE: Phillips, Gittelman, Randolph, Marlar NAY: None MOTION: Carried 4-0 ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM DOUBLE OAKS, INC. (DOUBLE OAKS AND DOUBLE OAKS ESTATES) FOR ACCEPTABLE OF STREET AND STORMWATER DRAINAGE ADDITIONS TO THE CITY'S SYSTEMS. Mr. Augustine stated the streets and storm sewer system has been L inspected by staff during construction and staff has reviewed the appropriate testing information. He stated all maintenance bonds are in place and recommended Council acceptance of these additions located in Double Oaks and Double Oaks Estates. A motion was made by J. Phillips, seconded by J. Gittelman, to accept the water and wastewater systems in Double Oaks and Double Oaks Estates. AYE: Phillips, Gittelman, Randolph, Marlar NAY: None MOTION: Carried 4-0 3 OWASSO CITY COUNCIL DECEMBER 15, 1992 , ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ' ORDINANCE NO. 452. AN ORDINANCE REZONING A TRACT OF LAND FROM "RS-3" TO "CS" AND "OL ". Mr. Rooney stated this zoning request was approved at the previous City Council meeting and it is now presented in ordinance form for Council action. A motion was made by B. Randolph, seconded by J. Phillips, to approve Ordinance No. 452. AYE: Randolph, Phillips, Gittelman, Marlar NAY: None MOTION: Carried 4-0 ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE NO. 453. AN ORDINANCE REZONING A TRACT OF LAND FROM "RS-3" TO "OPUD-10" Mr. Tim Rooney presented this item stating at the previous City Council meeting this zoning request was approved and it is now presented in ordinance form for Council action. A motion was made by J. Gittelman, seconded by B. Randolph, to approve Ordinance No. 453. AYE: Gittelman, Randolph, Phillips, Marlar NAY: None MOTION: Carried 4-0 ITEM 11: REPORT FROM CITY MANAGER. Mr. Ray gave a brief outline on the supplemental sales tax report. ITEM 12: REPORT FROM CITY ATTORNEY. None 4 IOWASSO CITY COUNCIL ITEM 13: UNFINISHED BUSINESS. None ITEM 14: NEW BUSINESS. None DECEMBER 15, 1992 ITEM 15 ADJOURN. With there being no further business to be brought before the Council, Mayor Marlar asked for a motion to adjourn. A motion was made by B. Randolph, seconded by J. Phillips, to adjourn. AYE: Randolph, Phillips, Gittelman, Marlar NAY: None MOTION: Carried 4-0 Meeting was adjourned at 7:35 p.m. Jane Buchanan, City Clerk Patricia K. Marlar, Mayor 5 12/31/92 13:23:47 PO # MANAGERIAL CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: 3 VENDOR DESCRIPTION AMOUNT 930022 RODNEY =AY 931269 RE 'GENA = ARSONS 931271 ABCO RP-' T' 931332 REASCRS CE RITE 931333 WAL -MAt' 931336 OKLAHOMA LIGHTING 931337 WEST PUELISHING CO 931355 CUST 931356 HOBBY L280-Y 931371 TREAD PETTY CASH 931378 READ. PRICE RITE 931403 AT &T FINANCE EXPENSES TUITION REIMB RENTAL SUPPLIES SUPPLIES SUPPLIES STATUTE BOOKS AWARDS SUPPLIES REIMB PETTY CASH FILM PROCESSING 11/92 USE 11/92 PLEXAP, TOTAL = COMMUNITY 930615 PLANNING FEES 931275 LEN 931371 ; =ETTY CASH REIME PETTY CASH BELL TELE. 11/92 PLEXAR TOTAL MUNICIPAL CO'.2 ' TOTAL = ENGINEERINS 312.90 220.50 65.00 98.53 22.89 124.00 68.40 952.35 39.90 357.22 22.52 9.08 65.81 2 ,59.10 X17.00 1-5.00 125.20 467. 120 13,495.50 62.45 52.14 23.81 13,63.8.`0 7010.00 CITY OF OWASSO GENERAL FUND 12/31/92 13:23:47 A/P CLAIMS REPORT APAPVP. PAGE: PO # VENDOR DESCRIPTION AMOUNT 930353 1 , 6.98 931284 INCOG PP.INTING 149.64 86.00 DEPARTMENT TOTAL =_ OKLAHC""A LIGHTING 1,761.62 GENERAL GOVERNMENT 931322 B & M SUPPLY 930025 LEASE AMERICA LEASE 429.00 930292 MEMBER SERVICE LIFE MONTHLY FEES 117.00 931112 OFFICE DEPOT CARD PLAN SUPPLIES 130.30 931125 PMI INFECTION CONTROL KITS 285.88 931247 J.P. HQGArJ INSURANCE BOND P,ENEWAL /BISHOP 450.00 931267 OWASSO OVERHEAD DOOR CO. REPAIR & MAINT 45.00 931268 RICHARD H "LL LABOR /EXPENSES 417.35 SPECIALTIES IN SUPPLIES 102.42 931342 MEMBER SERVICE LIFE ANNUAL FEE /PRE TAX 234.00 931351 SUBURBAN OFFICE SUPPLY SUPPLIES 89.25 931364 THREE LAKES MINI STORAGE RENTAL 1/92 -4/93 150.00 931408 AT &T 11/92 USE 193.19 931409 OKLA NATURAL GAS 11/92 USE 678.37 931410 SOUTHWESTERN BELL TELE. 11/92 PLEXAR 933.98 931411 PSC 111192 USE 979.57 TOTAL 5,235.31 MAINTENANCE 931210 CINTAS CCRP. UNIFORM RENTAL 35.50 931266 KIMBAL` ACE HARDWARE SUPPLIES 258.25 931276 AMERICAN DENTAL & SALES, RENTAL 164.82 ccr11RITY BY ROSE. i ^dC. KEY LOCKS 86.00 x"' 132 OKLAHC""A LIGHTING SUPPLIES 24.45 931322 B & M - LNG SUPPLY SUPPLIES 37.50 931371 TREASURE- PETTY CASH REIMB PETTY CASH TOTAL = 931411 PSO 11/"2 USE 35.62 IDEDART" ENT TOTAL POLICE SER`JIC-S 4 CITY OF OWASSO GENERAL FUND 12/31/92 13:23:47 A/P CLAIMS REPORT APAPVR PO # VENDOR DESCRIPTION 930025 LEASE AMERICA LEASE 930072 IDENTI -KIT CO, INC IDENTI KIT LEASE 930605 TRAVEL PETTY CASH TRAINING /LAFLIN 931125 PMI INFECTION CONTROL KITS 931195 DR. AMBROSE SOLANO, M.D. BRIEFINGS 931257 MCCAW COMMUNICATIONS PAGER LEASE 931258 CUSTOM ELE'- TRONICS SERVIC RADIO PROGRAM 931259 OFFICE DEPOT CARD PLAN SUPPLIES 931302 REASORS PRICE RITE SUPPLIES 931303 BILL'S COrMUNICATIONS, IN REPAIRS 931311 SUBURBAN OFFICE SUPPLY SUPPLIES 931312 VINES "TINT- STORAGE PENT 11/92 -3/93 931314 BURGER KI ":G -PAMAX DEV. PRISONER MEALS 931315 B &M CLEANING SUPPLIES SUPPLIES 931317 WAL -"AP7 SUPPLIES 931319 TUXALL '.N_FCRM & EOUIP UNIFORMS 9-31329 WESLEYRUDOM JR K -9 CAGE 931352 SUBUR4r.N OFFICE SUPPLY TOPER 931353 CLASSIC CHEVROLET UNIT SERVICE 931354 DR. A"!EROSE SOLANO, M.D. TESTING 931409 OKLA NATURAL GAS 11/92 USE 931410 SCUT.uWESTERN BELL TELE. 11/92 PLEXAR 931411 PSO 11/92 USE DEPART"°ENT TOTAL A ^.1MAL CONTROL 931193 THOMAS WATTS CONTRACTOR 931301 OWASSO LU!!a -ER CO 931313 JOES PRINT" SHOP 931316 GRA I NGER .'w W INC 931317 WAL- "!APT 931318 CFFICE CARD PLAN 931320 KIM ATE HARDWARE DEP ' -l"ENT TOTAL FIRE SERIVCE's SERVICES SUPPLIES PRINTING HEATING UNIT SUPPLIES CHAIR SUPPLIES 930487 CHIEF 3 SAFETY I Ni: BUNKER GEAR 93!186 OKL-1 C FIREFIGHTERS MEMBERSHIP DUES 9 ?1195 DR. SOLANO, M.D. BRIEFINGS 931227 CLINIC SERVICES 9.31028 PAGER PAGE: AMOUNT 236.00 34.00 277.42 285.89 47.00 131.70 120.00 122.99 111.51 45.00 42.14 360.00 239.09 143.50 324.75 194.45 SlS.00 259.00 22.90 54.00 138.80 28.66 354.74 4,088.54 668.00 29.48 123.85 295.02 58.68 69.99 58.14 16 63.00 625.0 45.00 X1.95 CITY OF OWASSO GENERAL FUND 12/31/92 13:23:47 A/P CLAIMS REPORT APAPVR PAGE: 6 PO # VENDOR DESCRIPTION AMOUNT 931231 UAL -MART SUPPLIES 28.81 93 132 CELLULAR ONE -TULSA 11/92 USE 75.48 931234 KIMBALL ACE HARDWARE SUPPLIES 2129.19 93123 STANDARD AUTO SUPPLY PARTS 258 931361 DRYSDALES BOOTS /PARTIN 79.99 DEPARTMENT TOTAL = 2,010.02 STREETS 931210 CINTAS CORP. UNIFORM RENTAL 276.60 931260 EQUIPMENT ONE RENTAL & SA RENTAL 30.80 931323 HUGHES LUMBER CO SUPPLIES 65.31 9313'36 RENTAL & SUPPLY PARTS 32.00 ARMY NAVY SURPLUS RAINSUITS 33.98 931346 APAC- OKLAH0MA, ASPHALT 68.57 CTGNIAL TECK INC. - MAINT /REPAIP,S I51.20 cl 8 ZEP MANUFACTURING CO. SUPPLIES 66.80 931371 TREASURER PETTY CASH RETMB PETTY CASH 23.18 931410 SOUTHWESTERN BELL TELE. 11/92 PLEXAR 55.08 931411 PSO 11/92 USE 533.43 DEPARTMENT TOTAL 1,336.95 PECPF AT IC'N CENTER 930155 BILTMORE JANITORIAL CLEANING 500.00 931195 DR. AMBROSE SOLANO, M.D. BRIEFINGS 8.00 931226 MOULDER OLDHAM CO SUPPLIES 237.99 9312SO KIMBALL ACE HARDWARE SUPPLIES 73.55 931408 AT&T 11/92 USE .43 931409 OKLA NATURAL GAS 11/92 USE 497.80 0331410 SOUTHWESTERN BELL TELE. 11/92 PLEXAR 49.58 931w 1 PSO 11/92 USE 412.42 DEPARTMENT TOTAL 1,779.77 SWIMMing pool 931AI0 SOUTHWESTERN BELL TELE. 11192 PLEXAR 14.14 USE 30.24 DEPARTMENT TOTAL 12/31/92 13:23:47 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: 7 PO # VENDOR DESCRIPTION AMOUNT COMMUNITY CENTER 930000 UNITED ARTISTS CABLE USE S3.2S 25.53 931256 RUSSELL SERVICE CO CHECK HEATING UNIT 47.25 931371 TREASURER PETTY CASH REIMB PETTY CASH 6.25 931:08 AT &T 11/92 USE .44 931409 OKLA NATURAL GAS 11/92 USE 383.65 931410 SOUTHWESTERN BELL TELE. 11/92 PLEXAR 59.97 931411 PSO 11/92 USE 401.49 DE PART `^.EN:T TOTAL = 924. S8 PARK MAINTENANCE 931125.1 YARD STEEL S3.2S 93125:.' A'„OREY RE=VE ELM CREEK RESTROOMS 165.00 931365 OWASSO LUMBER CO ELM CREEK RESTROOMS 34.41 931366 k'TMBALL ACE HARDWARE SUPPLIES 163.38 931367 AMERICAN RENTAL & SALES, RENTAL 92.06 Q313L8 CI"dTAS CORP. UNIFORM CLEANING 75.35 G313-,9 HUGHES LUMBER CC SUPPLIES 489.98 MATER 80 931_71 TREASURER PETTY CASH REIMB PETTY CASH 9.10 °3)14.19 L'K' -A. "iAT,; -AL GA,, 11/92 USE 78. .0 931=11 PSO II /92 USE 225.69 DEPARTMENT TOTAL = 1,1 878.42 ECONOMIC DEVELOPMENT 930616 INCOG MEMBER . P DUES 1, 72.75 931248 RETL�ERFOR` PUELICATTONS LEGAL NOTTCE 26.95 9313.'1 TREAEURER PETTY CASH REIMB PETTY CASH 34.25 DEPARTMENT TOTAL = 1, 813.95 FUND TOTAL = 40,011.86 CITY OF OUASSO AMBULANCE SERVICE FUND 12/31/92 13:23:47 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT NO DEPARTME "!T MASTER FOUND 931288 VIRGINIA TEAGUE REFUND 50.00 DEPARTMENT TOTAL = 50.00 AMBULANCE 931125 PMI INFECTION CONTROL KITS 285.89 931159 BIO- SAS =TY SYSTEMS SUPPLIES 780.00 PACE P0'2D'UCTS OF TULSA IN SUPPLIES 22.00 931280 SUPPLIES 125.94 93136) BITS & BYTES SUPPLIES 43.9-5 SUPPLIES 119.18 DEPARTr4-NT TOTAL 1,376.916 FUND TOTAL =1, 426.96 2 CITY OF OWASSO CITY GARAGE 12/31%92 13:23:47 A/P CLAIMS REPORT APAPVR PAGE: 10 PO 'VENDOR DESCRIPTION AMOUNT CITY GARAGE 931102 DYNA S"STEMS PARTS 101.71 931210 CINTAS '-rRP. UNIFORM RENTAL 280.78 91331-217 TULSA BRAKE AND CLUTCH PARTS 767.15 931221 STA ^i^A AUTO SUPPLY PARTS 06.11 931238 CWA.SC .AUTO SUPPLY PARTS 1,411.84 9 3 1239 NAPA AUTO PARTS PARTS 2,618.20 013126-2 PENNANT PETROLEUM CO. GREASE 57.50 931274 WHOLESALE TOOL TOOLS 23.50 931295 TULSA =ARM EQUIPMENT CO PARTS 223.00 93196 MILEAGE MASTERS TIRES 695.13 931324 P.E"IAELE TIRE AND AUTO PARTS 39.95 31328 INC PARTS 136.49 31343 SUPPLY PARTS 39.25 BATTERY SYSTEM BATTERIES 507. 95 931 3 A C EQUIPMENT PARTS 921349 VRCLET PARTS /SERVICE 52.45 PETTY CASH REIMB PETTY CASH 5.45 A T 11 192 USE 585.78 9314; BELL TELE. 11/92 PLEXAR 26.08 TOTAL 147.9S7.89 CITY OF OWASSO WORKERS' COMP SELF -INS PLAN 12'31/92 13:23:47 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT GENERAL GOVERNMENT 930600 DARRELL EVANS T.T.D. /EVANS 626.72 930971 IRADICLCGY CONSULTANTS OF CLAIM /EVANS 22.25 931277 OWASSO PHYSICAL THERAPY CLAIM /EVANS 120.00 931278 MULTT CARE HEALTH CENTER CLAIM /JENSEN 931279 MULTI CAPE HEALTH CE 11TER CLAIM; PROCTOR, '5.00 931280 OWASSO DRUG CLAIM /PROCTOR 38.1 931338 RADIOLOGY CONSULTANTS OF CLAIM /EVANS 190.13 931339 MAY'S DRUG CLAIM /JENSEN 39.18 931340 NEURCLOGICAL SURGERY INC CLAIM /EVANS 65.00 DEPARTMENT TOTAL =1,172.26 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 12/12/92 DEPARTMENT AMOUNT Municipal Court 1,225.54 Buildin Maintenance 856.62 Central Dispatch Fire 26,435.40 Recreation Center 2,768.87 Community-Senior Center 2,012.33 Economic Development 1,260.71 APPROVED: 01/05/92 Mayor Council Member Council- Member " CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 12/12/92 APPROVED: 01/0/92 Mayor Council Member CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 12/26/92 DEPARTMENT AMOUNT Finance 3,572.40 Municipal Court 1,021.82 Buildin Q Maintenance Central Dispatch 4,730 76 Fire 23,471.47 Recreation Center 2,283.11 Community- Senior Center 1,828.70 Economic Development 1,173.26 APPROVED: 01/05/93 Mayor Council Member CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 12/26/92 DEPARTMENT AMOUNT, Garage $3,041.99 APPROVED: 01/05/93 Mayor Council Member PROCLAMATION CITY OF OWASSO, OKLAHOMA WHEREAS, the O.E.D.A., the Owasso Chamber of Commerce, the Owasso Reporter and the City of Owasso have developed a special business recognition program as a means of honoring the valuable contributions of local, community - minded businesses; and, WHEREAS, the quality of life in Owasso is reflected by the level of involvement exhibited by its business owners and their active involvement within the community; and, WHEREAS, the involvement of business owners who offer both their professional talents and their volunteer time within the community provides for both the economic well -being of the community and goes beyond the standard measure of the success of a business; and, WHEREAS, Dr. Norman Hinkle and Dr. David Cash, Optometrists, actively sought and successfully established a professional network designed to bring a pool of provider options within reach of the local health care consumer; and, WHEREAS, Their pride in the community is also demonstrated through their active involvement in eye care programs in conjunction with the Owasso Lions Club and through their willingness to provide needed services to economically disadvantaged members of the community; and, WHEREAS, Doctors Hinkle and Cash have also given generously of their time in support of Chamber of Commerce and Economic Development projects while maintaining a growing professional practice; and, WHEREAS, The high professional standards and personal concern for the community demonstrated by Dr. Norman Hinkle and Dr. David Cash, are indications of their desire to address the health and welfare needs of area residents and are also a positive reflection on entire business community of Owasso, NOW, THEREFORE, I, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim HINKLE AND CASH OPTOMETRISTS THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY'S HONORED BUSINESS DURING THE FIRST QUARTER OF 1993 IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 5th day of January, 1993. Patricia K. Marlar, Mayor MEMoxarmunz TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J. RAY SUBJECT: REQUEST FOR LEGAL SERVICES CONTRACT REGARDING THE DOUBLE EAGLE SUPERFUND SITE DATE: DECEMBER 28, 1992 BACKGROUND: On September 3, 1991, the staff informed the Council that the City had received an inquiry from the EPA relating to the "Double Eagle Superfund Site" located in the Oklahoma City area. At that paint, the City of Owasso was identified as a potentially responsible party ( "PRP ") and was required to respond to the inquiry. Subsequently, the staff determined that in 1987 the City of Owasso did dispose of 544 gallons I of waste oil through the Double Eagle refinery located in Oklahoma City. That information was obtained through a "Freedom of Information Act" request submitted to the EPA and was provided from company records. I Since receiving he September 1991 inquiry, the staff has monitored EPA efforts involving the Double Eagle Superfund site. Additionally, Mr. Cates was assigned the task of coordinating information with various other city attorneys. Those legal representatives met regularly and developed a strategy that is being recommended to all of the cities involved (18 municipalities were identified by the EPA). The strategy is to employ one law firm to represent all of the cities implicated. That firm would coordinate the entire EPA process and attempt to lessen the financial impact on each municipality through a negotiated "de minimis" offer if it is shown that a city did, in fact, contribute material to the site. A "de minimis" offer is one that holds the action to "be of little significance" and therefore the settlement offer is usually a token amount. Generally, such offer is not predicated on an admission of guilt. However, if the de minimis offer is accepted, the party is not liable for further damages. The law firm could not, under terms of the contract, present any de minimis offer on behalf of any city unless expressly authorized to do so by that individual city. Further, the contract sets an initial fee of $1,000 per city represented. Although the scope of services is somewhat fluid, it was the opinion of the attorneys that the cities would be more DOUBLE EAGLE SUPERFUND SITE DECEMBER 28, 1992 PAGE TWO comfortable if they were assured that entering into this agreement was not a commitment for future funds without consent from the individual City Councils. The requested agreement is based on a $1,000 contribution to a pooled fund with no commitment beyond that initial cost unless approved by the City. There is, however, potential for the final cost to exceed the $1,000 per City. The contract also appoints Broken Arrow City Attorney, Mr. Michael R. Vanderburg, as the coordinating attorney to conduct day to day contact with the firm representing the cities. Payments from the pooled funds will be made to the firm after a 21 day waiting period from the date each city is mailed a copy of a statement. The 21 -day waiting period is designed to allow each city to review and protest charges by the firm. Mr. Cates has reviewed the proposed agreement for content and form. It is the staff's opinion that a pooled effort will be the most cost effective method of addressing this potentially costly problems. RECOMMENDATION: The staff recommends Council approval of the agreement and authorization for the expenditure of $1,000 to the firm of Hall, Estill, Hardwick, Gable, Golden, and Nelson. ATTACHMENTS: 1. Proposed contract 2. Correspondence from Broken Arrow City Attorney 3. City Manger's Report item from December 15, 1992 4. City Manager's Report item from September 3, 1991 The undersigned Cities, or so many of them as execute this agreement on or before October 21, 1992 (Cities), hereby enter into this contract with Hall, Estill, Hardwick, Gable, Golden and Nelson, a professional corporation providing legal services (Attorneys). The undersigned Cities hereby agree to separately pay up to $1,000.00 each, and at least $750.00, which shall be paid by October 21, 1992, to Attorneys to be held by Attorneys in a trust account established for client property. Against the fund so created, Attorneys may submit statements for review by the participating Cities. In the absence of a protest of such statement, Attorneys may pay the statement twenty -one (21) days following the date of statement submittal by drawing the appropriate funds from the trust account for the use and benefit of Attorneys. Attorneys shall act principally through the efforts of Matthew Livingood who .will be the lawyer primarily responsible for performing the work, and who will bill for such time at the rate of $165.00 per hour. To the extent a reasonable savings can be accomplished through the use of associate attorneys and legal assistants, such persons shall be used who will bill at the rate of $115.00 per hour and $60.00 per hour respectively. The work to be performed by Attorneys is as follows: 1) To investigate and document as carefully as possible, the operating and closing dates of the Double Eagle Refinery in Oklahoma City, and to document the involvement of each municipality with this refinery. Several of the Cities have already gathered materials together in the form of invoices, copies of which will be provided Attorneys to provide a starting point for this work. 2) To inquire of the Environmental Protection Agency, whether it would entertain a de minimis offer presented by a group of municipalities, and to open negotiations about the shape and content of such an offer. Attorneys shall keep the Cities informed periodically, and make no final commitments without the approval of the municipalities involved. 3) If it is determined that the municipalities did contribute contaminants to the Double Eagle Refinery site, to assemble a de minimis offer based upon a credible estimation of the Cities' responsibility at the site relative to the estimated cost for the recommended cure. To the extent this means developing a proportion and volume estimate comparing the alleged contribution of the Cities to the site and the alleged total contribution of the site, such material will be considered proprietary in nature, and belonging to the participating Cities. In the event this material has commercial value to others outside the municipal group, any proceeds realized from this commercial value shall either be returned to the Cities, or be used to off -set future group expenditures, as determined by a majority vote of the group on the basis of one vote per city. Attorneys will use their best efforts in a commercially reasonable manner to maximize the value created by this effort, within the budget constraints proposed by this agreement. 4) Upon the express separate authorization of the Cities involved, Attorneys shall present a de minimis offer and negotiate the final terms of such offer with the Environmental Protection Agency, preparing the appropriate documents for execution. On the understanding that the Cities involved are not at this time obligated to contribute additional money above the total of $1,000.00 each as specified in this contract, and upon the further understanding that the dollar values contained in this document are not a formal bid, nor a guarantee that all of the work can be accomplished within budget constraints, nonetheless, Attorneys have estimated the foregoing work may be accomplished within the next four months, and may require the sum of approximately $15,000.00 to complete. While the ultimate decisions made by the municipalities under this agreement will be made by the respective councils, day to day contact between the cities and the attorneys may be accomplished by contact through Michael R. Vanderburg, Broken Arrow City Attorney, 220 South First, Broken Arrow, Oklahoma, 74012, (918) 251 -5311 for the Cities, and may be accomplished through Matt Livingood, of Hall, Estill, Hardwick, Gable, Golden and Nelson, 4100 Bank of Oklahoma Tower, One. Williams Center, Tulsa, Oklahoma 74172, (918) 588 -2700 for the Attorneys. Matthew Livingood Hall, Estill, Hardwick, Gable, Golden and Nelson Date of Execution City of Altus Date of Execution City of Muskogee Date of Execution City of Ardmore Date of Execution City of Nicoma Park Date of Execution City of Broken Arrow Date of Execution City of Oklahoma City Date of Execution City of Choctaw Date of Execution city of Okmulgee Date of Execution City of Moore Date of Execution City of Clinton Date of Execution City of Owasso Date of Execution City of Cushing Date of Execution City,of Sallisaw Date of Execution City of Del City Date of Execution City of Tulsa Date of Execution City of Elk City Date of Execution City of Warr Acres Date of Execution City of Yukon Date of Execution CATES!UNDERWOOD OFFICE OF CITY ATTORNEY Phone: (918) 251 -53 FAX #: (918) 251 -56 Mr. Ronald D. Cates Owasso City Attorney 12620 East 86th Street. North 109 Executive Center Owasso, Oklahoma 74055 RE: Double Eagle Superfund Site Ladies and Gentlemen: 91358 20166 At the direction Of the various municipalities involved in our informal group, I made contact with Matt Livingood of Hall, Estill, Hardwick, Gable, Golden and Nelson, requesting that he submit a general proposal for review by this group. Enclosed you will find a draft of his proposed outline dated August 14, 1992 which I received. while I agree with the general outline, I don't think it is to our advantage to hire him to draft the document under.which we will hire him, and I have one or two additional points to raise. Under the circumstances, I will try to put together a memorandum fulfilling the requirements of his numbered paragraph one. If you seek specific elements to be inserted in such a memorandum, please contact my office with your suggestions. Otherwise, I will assume a series of comparable concerns for all municipalities and simply use my best judgment. ' Although the situation is somewhat fluid, I do think the cities will be more comfortable if they are assured that entering into such an agreement is not a commitment for future funds beyond the initial $1,000.00 or so. Therefore, while I understand Mr. Livingood's position that his estimate is not to be treated as a bid or ceiling cn the work, my document will be based on the assumption that the cities are not committed to Mr. Livingood beyond the initial S1,000.00 which has been discussed. Also, we discussed a number of figures between $750.00 and $1,000.00. Unless I hear from you to the contrary, my initial proposal will we a 51,000.00 contribution to the collective contract from each participant, based on the assumption that it is simply easier and more economical to get the money through CATES/UNDERWOOD 9185820166 presentation to the Councils of a single claim, rather than to submit multiple claims in smaller increments. It is further based on the assumption that of the cities who are PRP's at the site, a few may decide not to participate in our joint activity. Therefore, the lower number which assumed unanimous participation by all cities on the list, may in fact generate less than anticipated. If there is anything further I can do, please do not hesitate to contact me. Respectfully, Michael R. Vanderburg City Attorney MRV:ddw Enclosure CITY MANAGER'S REPORT DECEMBER 15, 1992 PAGE THREE routine tasks. It appears that a "dress" uniform is not a benefit to the officer when chasing a suspect through a field or when engaging in physical confrontation. The leather equipment and dress uniform are bulky and restrictive. They also tend to deter the officer from some necessary duties because he /she is in a "dress uniform ". One of the basic duties of a police officer is to be prepared to react to any situation relating to the enforcement of law and prevention of crime. It seems ridiculous to ask law officers to prepare for duty each day knowing their mission must be accomplished in a uniform that reduces their effectiveness to react and accomplish that mission. Secondly, the impact of federal regulations relating to infectious control procedures could begin to have a negative impact on our financial picture. The staff has already identified over $6,000 in FY 92 -93 costs. Approximately one -half of that amount was not included in the operating budget. The Police Department infectious control plan includes language required by federal regulations that mandates the "cleaning" (by a defined process) of any article of clothing or equipment that comes in contact with any body fluids. The cleaning of an officer's leather gear would quickly ruin the equipment. A type of "nylon duty rig" is available and could be washed without causing damage to the equipment. The gear, much like that used by the armed forces, is on the market at a cost of about one -third of the cost of leather gear. Because we were planning a test of the effectiveness of the nylon "duty rig ", the department was directed to establish a team to develop a typical police work uniform that would increase mission effectiveness, be cost effective, and could be easily and quickly cleaned if contaminated. It is anticipated that the prototype uniform will be completed within three weeks and should be available for review early in January. Officer Ken Yount will wear the uniform for a period of thirty days to provide a real -life testing period. Subsequently, the effectiveness of the uniform will be evaluated by the department. A final report will be issued and recommendations made regarding any changes. If you have questions, please call Chief Motto or me. You will be notified when the prototype is in use. DOUBLE EAGLE SUPERFUND SITE: On September 3, 1991, the City Council was notified (see attached C.M. report) that the City of Owasso had been named as a "potential responsible party" in the Double Eagle Supgrfund Site. Since that time, the staff and Mr. Cates have monitored the progress of the matter. Mr. Cates has been actively involved in several meetings with attorneys representing other cities named in the letter of inquiry. It now appears that the EPA has increased their efforts in enforcement and will soon be implementing their enforcement procedures. The staff has received a recommended contract (attached) from the group of City Attorneys and plans to CITY MANAGER'S REPORT DECEMBER 15, 1992 PAGE FOUR include the agreement on the January 5, 1993 Council agenda. The contract provides for legal representation of all the "PRP's" from the Tulsa firm of Hall, Estill, Hardwick, Gable, Golden and Nelson. Each City would pay a fee of $1,000 for such representation with all payments subject to review by each individual City attorney. The agreement is attached for your review, if you have questions, please call Mr. Cates or me. CITY NIANAGER'S REPORT SEPTEMBER 3, 1991 PAGE FIVE U.S. 169 EXTENSION The state has initiated a planning process that will eventually result in extending U.S. 169 from Collinsville to Oologah. A public hearing has been scheduled for October 1 at Oologah (see attachment). This action indicates that the project is close to being placed on the state's long- term construction schedule and could be built within the next five years. PARKING LOT /WORKING SURFACE CONSTRUCTION TO BEGIN We are in the process of soliciting bids for the construction of a hard surface parking lot/woridng surface in front of the water department warehouse building near the wastewater treatment facility. Advertising for bids began August 29 with bid opening and review scheduled for September 17. We anticipate bringing a recommendation to the Council for action during the regularly scheduled Council meeting on the 17th. This project was included in the 1991-92 budget. If you have any questions regarding this project please contact Charles Nicholson, Rohn Munn or me. CITY RECEIVES SUPERFUND INQUIRY The city has received an inquiry from the EPA relating to our relationship /involvement with the operators of a "superfund" site located in Oklahoma City. The operators of the site are Double Eagle Refining Co., Waste Oil Service Co., and others. An initial review of our records does not indicate that the city has ever done any business with these companies or disposed of any waste at the implicated site. I have, however, called other cities and discovered that two (Broken Arrow and Tulsa) received the same inquiry. Neither of these two cities can find any records of having disposed of any waste at the identified site. However, Tulsa does have a record of purchasing paint for street work with one container returned to the company as unsatisfactory (Double Eagle Lubricants). The city is required to respond to this inquiry within 30 days. I have initiated the response and will continue to update the Council concerning any new developments. While I absolutely do not believe we have used this site, we are obviously implicated in some manner. It is possible that the EPA is on a "fishing trip" and are making routine inquiries of several users. I have attached the list of questions we must answer in order that you will be aware of the nature of the inquiry and in the event that you might recognize one of the names indicated as a party to the operation of the site. I have sent a copy of the inquiry to Mr. Cates and Mr. Gaylon Pinc (INCOG) so as to alert them of the matter. TO: FROM: SUBJECT: DATE: BACKGROUND THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO TIMOTHY ROONEY CITY PLANNER CASE REPORT AND RECOMMENDATION FOR OPUD-11 DECEMBER 18, 1992 During the Public Hearing held on December 17, 1992 before the Owasso Planning Commission, the enclosed Staff Report and Recommendations for zoning case OPUD -11 were presented. At that meeting, in addition to hearing from the staff, the Planning Commission had the opportunity to speak with the applicant. There was no public opposition regarding the request. The Owasso Planning Commission voted 5 -0 -0 to recommend to the City Council that OPUD -11 be approved subject to the conditions identified by staff. RECOMMENDATION Based upon the staff s review and the Planning Commission's recommendation, I recommend approval of Ordinance No. 454, approving zoning case OPUD-11 subject to the following recommendations; (1) That the applicant's Development Text and Amended Development Plan as submitted by Planning Staff, be considered to be the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code. (2) That unless specifically set out in the conditions of this PUD, all lots contained within "Ram Plaza" shall meet all the necessary requirements of a typical CS District. (3) That a Subdivision Plat be approved by the Owasso City Council and filed with the County Clerk's Office prior to the issuance of a building permit. Said covenants shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary. (4) All conditions imposed by the Owasso Technical Advisory Committee for subdivision plat approval be met as conditions of the PUD. (5) A detailed drainage report to be submitted by the applicant. (6) Sidewalks with handicapped access at all curb crossings be provided in all areas of the PUD. () Landscaping found on the perimeter of the development site to also be utilized along the dedicated right -of -way from 129th East Avenue through the development site. (8) That a detailed landscaping plan be submitted by the applicant, reviewed and approved by the Owasso Planning Commission, and installed prior to the occupancy of any buildings. (9) That the reference on Page 5 of the PUD text pertaining to a lien being placed on a Property Owner's Association member's "personal property" be changed to "Real property. of (10) Upon the location of the pedestrian/bicycle pathways from the abutting duplex development to OPUD -11, this developer shall provide pedestrian/bicycle pathways to "tie -in" to these areas. (11) Prior to the development of any areas within OPUD -11, a detailed site plan shall be submitted and approved by the Owasso Planning Commission. (12) The developer shall be responsible for the purchasing and installation of all traffic control or street identification signage relating to the project as determined by the City of Owasso. ENCLOSURE: 1. OPUD -11 Staff Report ATTACHMENTS: 1. Ordinance No. 454 authorizing the approval of rezoning case OPUD -11, from CS to PUD. . CITY OF OWASSO ORDINANCE NO. 454 AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION NO. OPUD-11, PROVIDING FOR THE SUPPLEMENTAL DESIGNATION PUD ON A TRACT OF LAND CONTAINING APPROXIMATELY 9.24 ACRES, LOCATED IN THE EAST HALF OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for approval of a Planned Unit Development concerning the property herein described, and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for and against the requested approval of OPUD-11, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA; Section 1 That the zoning map of the City of Owasso, Oklahoma be amended to reflect the supplemental designation of PUD (Planned Unit Development) on the following described property, to wit: A tract of land located in the East Half (E/2) of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, being more particularly described as follows, to -wit: Beginning at a point, said point being the Southeast corner of the East Half; thence South 89° 55' 26" West along the South line of said East Half, a distance of 990.00 feet to a point; thence due North a distance of 645.00 feet to a point; thence North 51°42' 35" East a distance of 26.33 feet to a point; thence due East a distance of 969.70 feet to a point in the East line of said East Half; thence South 00°01' 55" West along the East line of said East Half, a distance 660.00 feet to the Point of Beginning, Less and Except: A tract of land located in the Southeast Quarter (SE/4) of the Southeast Quarter (SE/4) of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, in the City of Owasso, Tulsa County, Oklahoma, and being more particularly described as follows: Commencing at the Southeast Corner of the Southeast Quarter (SE/4) of Section 20; thence South 89°55' 26" West, 717.97 feet with said section line to the Point of Beginning; thence South 89°55' 26" West, 272.00 feet; thence North 645.00 feet; thence North 51°42' 35" East, 26.33 feet; thence East 261.33 feet; thence South 141.00 feet; thence West 30.00 feet; thence South 130.00 feet; thence East 20.00 feet; thence South 389.95 feet to the Point of Beginning. Section 2. The City Council hereby authorizes development upon such tract in accordance with the provisions of the Outline Development Plan of November 13, 1992 submitted with the application, as well as all amendments or modifications thereto, as required by the City Council, same being hereby made a part of such Outline Development Plan and included therewith. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 5th day of January, 1993. Patricia K. Marlar, Mayor ATTEST: APPROVED AS TO FORM: Jane Buchanan, City Clerk Ronald D. Cates, City Attorney MEMORANDUM TO: HONORABLE MAYO AND C ITY COUNCIL CITY OF OWASSO IFROM: RODNEY J. RAY SUBJECT: REQUEST FOR APPROVAL OF ORDINANCE #455, AMENDING THE CITY'S COMPETITIVE BIDDING REQUIREMENTS DATE: DECEMBER 28, 1992 BACKGROUND: Part 7, Section 7 -107 of the Owasso Code of Ordinances outlines those purchases allowed without giving an opportunity for competitive bidding (Page 7 -4 of the Code). That list contains seven purchasing methods that are exempt from such bidding requirements. Item number 6 excludes purchases made at a price not exceeding a price set by the state purchasing agent. That has been interpreted to mean that the City can purchase from the State bid list without duplicating the bidding process. However, there have been several instances recently wherein the opportunity to utilize the bid prices of other cities or counties could have saved the City tmoney and time. Unfortunately, the code does not allow the City to use those bid lists. Ordinance #455, if approved, would allow the City to make purchases from bid lists maintained not only by the State, but also by any city or county whose population exceeded 50,000. Such language would provide Owasso with the purchasing power of larger entities and give the Council another option to consider when reviewing requested purchases. Please note that while the current exemption of State contract prices includes an allowance for State negotiated prices the new language only allows for the use of prices determined and awarded based on a competitive bidding process. This ordinance has been reviewed by Ms. Bishop and was drafted by Mr. Cates. The .staff believes such a change may provide long -term cost efficiencies. ORDINANCE #455 DECEMBER 28, 1992 PAGE TWO RECOMMENDATION: The staff recommends Council approval of Ordinance #455. ATTACHMENTS: 1. Proposed Ordinance #455 2. Section 7 -107, Owasso Code of Ordinances 3. Correspondence from Mr. Cates dated November 20, 1992 ORDINANCE NUMBER 455 CITY OF OWASSO, OKLAHOMA AN ORDINANCE RELATING TO PART VII - FINANCE AND TAXATION, CHAPTER ONE - FINANCE AND BUDGET ADMINISTRATION, SECTION 7 -107 - WHEN COMPETITIVE BIDDING IS NOT REQUIRED, AMENDING SECTION 7- 107(6) PROVIDING FOR ADDITIONAL EXCEPTION FROM COMPETITIVE BIDDING REQUIREMENT, DECLARING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One: Part VII - Finance and Taxation, Chapter One - Finance and Budget Administration, Subsection 7-107(6) when Competitive Bidding Is Not Required, is hereby amended to provide as follows, to -wit: (6.) Supplies, materials, equipment or contractual services when purchased at a price not exceeding a price set therefore by the State purchasing agency or any other state agency hereafter authorized to regulate prices for things purchased by the State, or any county purchasing agency or city purchasing agency wherein such county or city has a population equal to or in excess of 50,000 persons, and, Section Two: That this ordinance shall, upon passage, become effective thirty days from the date of first publication as provided by State law. ATTEST: Jane Buchanan, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney City of Owasso, Oklahoma By: Patricia K. Marlar, Mayor Finance and Taxation Sec. 7-105 Sec. 7-107 SECTION 7 -105 WHEN PRIOR APPROVAL BY THE COUNCIL IS REQUIRED. Every contract for, or purchase of, supplies, materials, equipment or contractual services for more than One Thousand Dohars ($1,000.00) shaii require the prior approval of the city council; provided, however, the foregoing provision shall not be appiicabie to payments for medical services and supplies arising from claims against the Workers Compensation Self Insurance Fund. (Prior Code, Sec. 7 -31; Ord. No. 435, 8/6/91) SECTION 7 -106 COMPETITIVE BIDDING. Before any purchase of, or contract for, supplies, materials, equipment or contractual services are made, as otherwise provided below, including lease contracts with options to purchase, the city purchasing authority shall give written notice for sealed bids to at least three (3) persons, firms or corporations dealing in and able to supply the same, a request for quotation, or invitation to bid, and specifications, to give them opportunity to bid; or publish notice of the proposed purchase in a newspaper of general circulation within the city. He shall favor a person, firm or corporation in the city when this can be done without additional cost to the city; but he shall submit requests for quotation to those outside the city when this may be necessary to secure bids or to create competitive conditions, or when he thinks that by so doing he can make a saving for the city; and shall purchase from them when he can make a saving for the city. All bids shall be sealed and shall be opened in public at a designated time and place. He may repeatedly reject all bids, and again may submit to the same or other persons, firms or corporations the request for quotation, or invitation to bid, or again publish notice of the 'proposed purchase. He may purchase only from the bidder whose bid is most advantageous to the city, considering price, quality, date of delivery and so on, and in case of a tie, may purchase from one of those tying, or may divide the purchase among those tying, always accepting the bid or bids most advantageous to the city. (Prior Code, Sec. 7-32) State Law Reference: Bidding required on public construction or improvement contracts of $7,500 or more, 61 O.S. Section 103. SECTION 7-107 WHEN COMPETITIVE BIDDING IS NOT REQUIRED. The following may be purchased without giving an opportunity for competitive bidding: 1. Supplies, materials, equipment or contractual services whose cost does not exceed Two Thousand Dollars ($2,000.00) in a single transaction; 2. Supplies, materials, equipment or contractual services which can be furnished only by a single dealer, or which have a uniform price wherever bought; 3. Supplies, materials, equipment or contractual services purchased from another unit of government at a price deemed below that obtainable from private dealers, including war surplus; 4. Equipment to replace existing equipment which has become inoperable when the council declares the purchase an emergency; Page 7-4 (1991 Supplement) finance and t axation Sec. 7-107 Sec. 7-110 5. Contractual services, including but not limited to gas, electricity, tele- phone service, purchased from a public utility at a price or rate determined by the 7 State Corporation Commission or other government authority; 6. Supplies, materials, equipment or contractual service when purchased at a price not exceeding a price set therefor by the state purchasing agency or any other state agency hereafter authorized to regulate prices for things purchased by the state, whether such price is determined by a contract negotiated with a vendor or otherwise; and 7. Contractual services of a professional nature, such as engineering, archi- tectural and medical services. ' (Prior Code, Sec. 7-33) SECTION 7-108 SALES, COUNCIL TO DECLARE SURPLUS OR OBSOLETE COM- PETITIVE BIDDING. No surplus or obsolete supplies, materials or equipment of a value of more than ' Five Hundred Dollars ($500.00) may be sold until the council shall have declared them obsolete or surplus. Before the city manager sells any surplus or obsolete supplies, materials or equipment, except as otherwise provided below, he shall advertise them for sale in a newspaper of general circulation in the city or give notice in such other manner as he deems necessary adequately to reach prospective buyers to give them opportunity to make bids. All bids shall be sealed and shall be opened in public at a designated time and place, except when the sale is by auction. The city manager may repeatedly reject all bids and advertise or give notice again. He shall sell such supplies, materials or equipment to the highest responsible bidder for cash. In case of a tie, he may sell to either of the bidders tying, or may divide the sale among two (2) or more tying, always selling to the highest responsible bidder or bidders for cash. (Prior Code, Sec. 7 -34) SECTION 7 -109 WHEN COMPETITIVE BIDDING IS NOT REQUIRED. The city manager may sell the following without giving an opportunity for competitive bidding: I. Surplus or obsolete supplies, materials or equipment whose total value does not exceed One Thousand Five Hundred Dollars ($1,500.00) in a single transaction; and 2. Supplies, materials or equipment when sold at a price at least as great as that paid by the city for the same. (Prior Code, Sec. 7 -35) SECTION 7-110 MAINTENANCE BONDS REQUIRED ON PUBLIC IMPROVEMENTS; CONTRACTS. A. Anyone, hereinafter referred to as "principal ", constructing improvements on public property within the city, or within jurisidiction of the city, shall furnish a three (3) year maintenance bond in the amount of one hundred percent (100 %) of the cost of the work. Page 7 -5 918 / 582 -7447 RONALD D. CATES ATTORNEY AT LAW SUITE 680, PARKCENTRE 525 SOUTH MAIN TULSA, OKLAHOMA 74103 November 20, 1992 FAX: 918 / 582 -0166 Mr. Rodney J. Ray City Manager City of Owasso 207 South Cedar Owasso, Oklahoma 74055 In Re: Ordinance relating to Part Seven - Finance and Taxation, Chapter One - Finance and Budget Administration Section 7-107 Dear Mr. Ray: Enclosed please find the proposed ordinanc on the above referred to matter. If you have ani s or omments, please do not hesitate to contact this off Sincerely, D. Cates MEMORANDUM TO: Honorable Mayor and City Council City of Owasso FROM: Jane Buchanan City Clerk SUBJECT: Resolution No. 93-01 DATE: January 4, 1993 I was informed by the Tulsa County Election Board today that because of the population increase in Precinct No. 754 (see attached map), they have divided that precinct into two separate precincts and added a new polling location. Prior to this division, there were five precincts within the corporate city limits: 751 Bethel Baptist Church 86th Street North and Cedar 752 Westport Mennonite Brethren Church 116th Street North and Garnett Road (German Corner) 753 Community Center 301 South Cedar 754 First Baptist Church 12500 East 86th Street North 755 Church of Christ 10510 North 129th East Avenue They have now formed (number six): 750 Baptist Retirement Center 7410 North 127th East Avenue I have revised Resolution No. 93-01 to include Precinct No. 750. It is attached for your review along with a current precinct map showing boundaries. The Election Board has notified all registered voters withlis area of their change in precinct numbers and polling places. This was done be mail during the months of November and December of 1992. Please Note: With the addition of another precinct the cost of the election will increase slightly due to location rent, if any, and precinct workers salaries. RESOLUTION NO. 93-01 CITY OF OWASSO, OKLAHOMA NOTICE OF ELECTIONS AND CERTIFICATION WHEREAS, a Primary Election shall be held on the 2nd day of March, 1993 for the purpose of a Primary Election to elect a Councilpersons to the City of Owasso, Oklahoma, for Ward and term as follows: WARD NO. TERM 3 3 years 4 3 years WHEREAS, a General Election, if necessary, shall thereafter be held on April 6, 1993 to elect said Councilpersons. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA; 1. That a non - partisan Primary Election for City Councilpersons, as set out, be held on March 2, 1993. (a) That the General Election thereafter, if necessary, be held on April 6, 1993. (b) Only qualified electors of the City of Owasso who reside in the respective ward shall be qualified to hold the office of Councilperson. BE IT FURTHER RESOLVED that the City Council of the City of Owasso, Tulsa County, Oklahoma, hereby certifies to the Tulsa County Election Board that the following numbered precincts are to be opened: 750, 751, 752, 753, 754 and 755. The City of Owasso certifies that there are no qualified electors that live within the one hundred feet fenceline that goes into Rogers County. The filing period is from February 1, 1993 through February 3, 1993 for the Primary Election. PASSED AND APPROVED this 5th day of January, 1993. Patricia K Marlar, Mayor ATTEST: Jane Buchanan, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney MEMORANDUM TO: Honorable Mayor and City Council City of Owasso FROM: Jane Buchanan City Clerk ISUBJECT: Resolution No. 93-01 IDATE: December 28, 1992 BACKGROUND Article Six of the City of Owasso Charter governs the election of City Council members. Terms of office are established and provisions and requirements are set forth for the elections within this article of the Charter. The following must be adhered to if we are to meet the legal requirements set out for elections: 1. Adopt Resolution No. 93-01 Notify the Tulsa County Election Board of our intent to conduct an election and requesting that the Election Board conduct the election. This Resolution must be adopted at this meeting to meet the required 45 -day notice. Ward Three and Ward Four positions will be on the ballot this year. These wards are currently represented by Mayor Marlar and Vice Mayor Gittelman. The term of office is three years. 2. Filing Period The Charter lists the official filing times as the first Monday, Tuesday, and Wednesday of February. This will fall on February 1, February 2, and February 3, 1993. All candidates are required to submit filing papers to the Tulsa County Election Board between 8:00 a.m. and 5:00 p.m. on these days. 3. Primary Election This year's primary election is set by the Charter for March 2, 1993. 4. General Election In the event a general election is necessary, it will be held on April 6, 1993. A general election will be held if one candidate in each ward does not received "the greater number of votes" cast in that ward election. 5. Swearing In of Council -Elect The elected ward representative will be sworn in at the Council meeting held on May 4, 1993. FUNDING The City Council has budgeted $8,500.00 in the General Government budget to conduct elections during this fiscal year. RECOMMENDATION In order to comply with the provisions outline in the City Charter, I recommend adoption of Resolution No. 93-01. ATTACHMENT Resolution No. 93-01. RESOLUTION NO. 93-01 CITY OF OWASSO, OKLAHOMA NOTICE OF ELECTIONS AND CERTIFICATION WHEREAS, a Primary Election shall be held on the 2nd day of March, 1993 for the purpose of a Primary Election to elect a Councilpersons to the City of Owasso, Oklahoma, for Ward and term as follows: WARD NO. TERM 3 3 years 4 3 years WHEREAS, a General Election, if necessary, shall thereafter be held on April 6, 1993 to elect said Councilpersons. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA; 1. That a non - partisan Primary Election for City Councilpersons, as set out, be held on March 2, 1993. (a) That the General Election thereafter, if necessary, be held on April 6, 1993. (b) Only qualified electors of the City of Owasso who reside in the respective ward shall be qualified to hold the office of Councilperson. BE IT FURTHER RESOLVED that the City Council of the City of Owasso, Tulsa County, Oklahoma, hereby certifies to the Tulsa County Election Board that the following numbered precincts are to be opened: 751,752,753, 754 and 755. The City of Owasso certifies that there are no qualified electors that live within the one hundred feet fenceline that goes into Rogers County. The filing period is from February 1, 1993 through February 3, 1993 for the Primary Election. PASSED AND APPROVED this 5th day of January, 1993. Patricia K Marlar, Mayor ATTEST: Jane Buchanan, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney MEMORANDUM TO: FROM: SUBJECT: DATE: BACKGROUND THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO TIMOTHY ROONEY CITY PLANNER URBAN AREA BOUNDARIES AND FUNCTIONAL CLASSIFICATION December 30, 1992 Within large metropolitan areas, different types of urban areas exist. The City of Owasso is not included within the Tulsa Metropolitan Area's boundaries, as is the case with Broken Arrow, Sands Springs, etc. What this means is that the City of Owasso's boundaries, along with Sapulpa and Claremore, are a separate entity for funding sources as a Small Urban Area. The boundaries for the 1990 Census are shown on the map, and may vary slightly from the current City Limits due to annexations occurring after the April 1990 Census. Designated Urban Area boundaries show the approximate area of growth anticipated between 1990 and the year 2000. The urban functional classifications identify types of streets and highways which would qualify for improvements funded by federal aid. The types of functional classifications can be amended at any time if a different growth scenario develops other than what is currently anticipated. However, a cap on the maximum number of miles contained within an urban area's boundaries exists. This item was presented to Mayor Marlar on December 30, 1992 and she understands the significance of approval on this item. However, due to wording on the documents requiring her signature, she felt it necessary that this item be presented to the entire City Council for approval. A copy of the map depicting the Urban Area Boundary and Functional Classification System is enclosed for your review. The original copy of this map is color coded and would not copy well. The original is available at the Community Development Department and will be Lpresented at the Council Meeting. Any questions regarding this matter may be directed to Mr. Rooney or Mr. Compton. RECOMMENDATION The staff recommends Council approval of the Urban Area Boundary and Functional Classification System as presented and thus authorizing the Mayor to execute all documents relating to this matter. ATTACHMENT: 1. Documents requiring execution by Mayor Marlar adopting the Urban Area Boundaries and Classification System. 2. A copy of the Urban Area Boundary and Functional Classification Map. REQUEST FOR FUNCTIONAL CLASSIFICATION AND 1990 URBAN AREA BOUNDARY UPDATE DATE: The local officials of this city request favorable consideration of the 1990 Urban Area Boundary and functional classification depicted on the 1990 Urban Area Boundary work map. The proposed Urban Area Boundary and functional classification were developed in cooperation with the Oklahoma Department of Transportation in accordance with present federal law. We hereby authorize the Department to submit them for approval to the Federal Highway Administration. ATTEST: CITY CLERK SEAL ODOT Planning Division 3/92 CITY OF MAYOR 8 -1 -76 REQUEST FOR URBAN FUNCTIONAL CLASSIFICATION Beginning July 1, 1976, federal statutes require that a city street meet functional classification standards for an arterial or collector route and be classified as such before it can be designated as a part of the Federal -aid Urban System. Both the functional classification and federal -aid sy- stem designation require approval by the Federal Highway Administration. When the city has com- pleted this request for re- classification of the street in question, the State Department of Trans- portation will submit the request to the Federal Highway Administration for its consideration. A map identifing the street being requested should be submitted along with this request for re -clas- sification and a resolution requesting Federal -aid Urban System designation. CHARACTERISTICS OF AN URBAN ARTERIAL OR COLLECTOR STREET The three urban street functional classifications eligible for Federal -aid Urban System designa- tion are principal arterials, minor arterials, and collectors. Principal arterials are generally those section line roads or other important through streets that serve the major centers of activity in the city. They carry the highest traffic volumes and are used for the longer trip movements within the city. Minor arterials are generally those section line roads or other through streets that cannot be classified as principal arterials, but are of a higher class than collectors. They carry high traffic volumes and accommodate moderate trip lengths. Collectors are generally those streets, many times located on quarter section lines, that pro- vide land access to residental, commercial, or industrial areas. They collect traffic from local streets and funnel it into the arterial systems. Please indicate the type classification being requested and the reasons you believe the classi- fication is justified. Principal Arterial . Minor Arterial Arterial Requested and submitted by Mayor Request City of , Oklahoma Approved Date Denied Division Administrator Federal Highway Administration Date