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Home My WebLink About2009.03.10_Worksession AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING DATE TIME PLACE Special March 10, 2009 6:00 p.m. Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 PM on Friday, March 6, 2009. AA 1-thuvO liann M. Stevens, Deputy City Clerk 1. 2 3. 4 AGENDA Call to Order Mayor Stephen Cataudella Presentation provided by the Assistant City Manager for Administrative Services for the purpose of reviewing various City policies, procedures, and funds. Ms. Bishop Discussion relating to Community Development Items Ms. Bishop Attachment # 3 A. Request for rezoning (1) B. Request for final plat (1) Discussion relating to Finance Department Items Ms. Bishop Attachment # 4 A. Proposed renewal of the city's contract for Audit Services Owasso City Council March 10, 2009 Page 2 5. Discussion relating to Public Works Department Items Ms. Bishop Attachment # 5 A. Proposed purchase of a dump truck B. Proposed purchase of a refuse vehicle C. Proposed engineering agreement for the E. 1061h Street North & N. Garnett Road intersection 6. Discussion relating to City Manager Items Mr. Ray Attachment # 6 A. Proposed policy regarding the removal of items from an agenda B. Computer passwords for City Council C. City Manager Report 7. Legislative Update Ms. Lombardi 8. Report from City Councilors 9. Adjournment MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: RE -ZONING OZ-09-01 DATE: MARCH 4, 2009 LOCATION: The property is generally located at the southwest corner of East 961h Street North and North 145th East Avenue. A general area map that further depicts the subject property's location is attached. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: South: Single -Family Residential (Camelot Estates) North: East 961h Street North and rural residential West: Single -Family Residence (Nottingham Estates and rural residential) East: Single -Family Residential (N. 145th East Ave. and Hi -View Estates) SURROUNDING ZONING DESIGNATIONS: South: RS-3 (Camelot Estates) North: Commercial Shopping and RS-Tulsa County East: Single -Family Residential (Rogers County) West: Agriculture and RS-2 (Nottingham Estates) BACKGROUND: The subject tract is currently vacant and the applicant has submitted a zoning map amendment request to rezone the property from an Agriculture Zoning District to an RS-2 Single Family Residential Zoning District. The property is currently undeveloped; and the applicant intends to make the property consistent with the adjacent residential development identified as Nottingham Estates. The size of the tract being reviewed-- the subject property is approximately 27.13 acres in size. The primary use surrounding the subject site is large lot single family residential. Three subdivisions: Nottingham Estates, Camelot Estates, and Hi -View Estates, lie to the west, south, and east, respectively. Whether the proposed rezoning is compatible with the surrounding area-- the request is considered to be consistent with surrounding land uses. The re -zoning would be in accordance with the Owasso Land Use Master Plan, as residential uses are recommended for this area. LEGAL CONSIDERATIONS OF ZONING REQUESTS: Section 1500 of the Owasso Zoning Code outlines the city's policy on zoning amendments. The code states that amendments will be adopted to recognize changes in the Comprehensive Plan, or to recognize changing conditions in a particular area or in the jurisdictional area. Zoning changes must be based on two fundamental questions: 1) Does the requested zoning allow a land use that is appropriate for the subject property, and 2) Is the requested zoning in conformance with the Owasso Land Use Master Plan? Development considerations such as traffic, roads, grading, drainage, stormwater detention, utilities, rights -of -way, etc, are not to be considered until the platting stage of development. At the platting (and site planning) stage, the Planning Commission, municipal staff, and the Technical Advisory Committee work with the applicant to solve these types of specific development concerns. The proposed development for this property is a single-family residential gated community. CONFORMANCE TO MASTER PLAN DESIGNATION: The requested zoning designation, RS-2 (Single -Family Residential), is allowed within the master plan's designation for the property. ANALYSIS: Whether the rezoning is compatible with the adjacent neighborhood, especially residential neighborhood stability and character-- According to the Owasso Land Use Master Plan, the subject property is located in an area that is designated for Residential uses. Considering this statement, the RS-2 Single Family Residential Zoning Designation conforms to the goals, objectives, and policies of the Owasso Zoning Code and Land Use Master Plan in that the subject property is adjacent to other residential uses and the site has accommodating points of access. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs-- Owasso is recognized as a sprawling community with high residential needs. The acceptance of this re -zoning request would provide a more diverse housing market in the area. The developer intends to plat the property as a large -lot gated community. While there is an adequate supply of residentially zoned land in the community, this proposed zoning change would have a positive impact on future community needs. Whether the rezoning will cause environmental impacts that will generate excessive storm water runoff, noise pollution, excessive nighttime lighting, or any other nuisances as defined by the Code of Ordinances-- any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved drives and storm water detention. The development will be made to adhere to all City Ordinances in regards to lighting, noise, and other nuisances. Sewer service and Water service will be provided by the City of Owasso. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. RECOMMENDATION: Staff intends to recommend approval of the rezoning request. ATTACHMENTS: 1. General Area Map .. ____ ......._........__ W a; W c r Z W i a_.._ .......... _.__.-_..j i �t _._._ . ................ _........_� NOTTINGHAM i 1 _ _ HILL f - - _.........._ Ei f ....._..-__ _... e ...........................: f 3 i a_ ..... .. .. .........._. : NOTTINGHAM HILL CITY OF OWASSO 02/03/09 Legend 1 I l N. Main Street 0 P.O. Box 180 Owasso, OK 74055 North IS FOR. INVOPM.ATION PURPOSE ONL,"Y AND TS NC3'T IN'T'ENDEV TE} I�.k�:PS_:IiSLiN'T .AN .ACCUPA'TE3 -AND TRUE SC,A.C.E. USE OF THIS N&kP AS WITHOUT91$.376.1500 '. rAT<TxF3NTi' OR REFR..EiSEN'TA' j0N BV CjTY OF OWASSO GIB• ITS, ACC UR..s..c:N . MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: FINAL PLAT — NOTTINGHAM HILL DATE: MARCH 4, 2009 LOCATION: The property is generally located at the southwest corner of East 96`h Street North and North 145`h East Avenue. A general area map that further depicts the subject property's location is attached. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: South: Single -Family Residential (Camelot Estates) North: East 96`h Street North and rural residential West: Single -Family Residence (Nottingham Estates and rural residential) East: Single -Family Residential (N. 145`h East Ave. and Hi -View Estates) SURROUNDING ZONING DESIGNATIONS: South: RS-3 (Camelot Estates) North: Commercial Shopping and RS-Tulsa County East: Single -Family Residential (Rogers County) West: Agriculture and RS-2 (Nottingham Estates) BACKGROUND: The City of Owasso has received a request from Tyann Development Company for the review and acceptance of the Nottingham Hill Final Plat. The size of the tract being reviewed-- the final plat will consist of fifty-eight (58) residential lots, in two (2) blocks on approximately 27.13 acres. Whether the proposal conforms with and furthers the goals and policies of the Land Use Master Plan, other adopted plans, and the goals, objectives and polices of this ordinance -- The subject property is approximately 27.13 acres in size. The primary use surrounding the subject site is large lot single family residential. The request is considered to be consistent with surrounding land uses. The platting of this property would be in accordance with the Owasso Land Use Master Plan, as residential uses are recommended for this area. In January of 2006, the City of Owasso annexed the subject site into the city limits of the City of Owasso. In January of 2007, the Owasso Planning Commission approved the Preliminary Plat of Nottingham Hill with the following conditions: 1. The applicant must comply with Right of Way requirements. 2. The applicant needs to indicate perimeter sidewalks. 3. The applicant must coordinate fire hydrant locations with the fire marshal. The final plat is in accordance with the conditions placed upon the preliminary plat. The acceptance of this final plat is contingent upon approval of the rezoning request recognized as OZ- 09-01 that is also included on the March 10, 2009 worksession agenda for discussion. 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 may be 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. 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. 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 %2 X 11 copy and an electronic copy for records. ANALYSIS: The current owner/developer of the subject property plans to develop the area with fifty-eight (58) residential lots in two (2) blocks, on 27.13 acres of land. The proposed development is allowed by right with the RS-2 Zoning Designation. Any change of character in the area due to installation of public facilities, other zone changes, new growth trends, deterioration, and development-- The subject tract is adjacent to two main points of access, recognized as being North 145"' East Avenue and East 96`h Street North. The area has experienced a large amount of residential growth over the past several years (Camelot Estates and Nottingham Estates) and this pattern is likely to continue considering its desirable location to many amenities. Six reserve areas have been included in the platted area 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. Whether the rezoning is compatible with the adjacent neighborhood, especially residential neighborhood stability and character-- According to the Owasso Land Use Master Plan, the subject property is located in an area that is designated for Residential uses. Considering this statement, the Nottingham Hill Final Plat conforms to the goals, objectives, and policies of the Owasso Zoning Code and Land Use Master Plan in that the subject property is adjacent to other residential uses and the site has accommodating points of access. Whether the proposed plat is compatible with the surrounding area-- The proposal for single family homes on the Nottingham Hill 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 Nottingham Hill final plat proposes fifty-eight (58) lots in two (2) blocks and 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. Whether the rezoning will cause environmental impacts that will generate excessive storm water runoff, noise pollution, excessive nighttime lighting, or any other nuisances as defined by the Code of Ordinances-- 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. RECOMMENDATION: Staff intends to recommend approval of the Nottingham Hill final plat. ATTACHMENTS: l . General Area Map 2. Nottingham Hill Final Plat Legend . 0 North _ IS FOR INFO, RMATTOW PL-MPC38 C)Ta71..vY A '4"f_.iWL7!.ED TC T AN ACCURATE .A.NT> TRUE SICI. ,L:i `.* WZTVKCt i "V OR a 2EVRRS:7HNTATi<>N 13"Y Cl-rY ' .•C�C.,"I2.�`<: 111 N. Main Street P.O. Box 180 Owasso., OK 74055 918.376.1500 RESERVE AREAS 'El' AND 'C' RESERVE AREAS 'D' AND 'E' SCALE 11-4c, INFORMATION FINAL PLAT NO TTINGH" HILL AN ADOITION TO THE CITY OF OWASSO. TULSA COUNTY, OKLAHOMA SECTION 21, TOWNSHIP 21 NORTH. RANGE 14 EAST E. 96TH ST. N. T_ R 14 E T 21 LOCA71ON XAP OrMIDEVELOMR.- TrAINN DMLOFAMNT CO., Evc M P.O. BOX 397 OXASSO. OMEOMA 74056 (918) 274-05,17 46 XC%M 'A' &H ENGINEER: z KELLOGG RYGATEMG, NYC. 6755 SOUTH 4080 ROAD t r I "Wtf� —I 1 k ". 1 TAL414, OnWOMA 74080 (91Zm6) M-Aom e 44 OF AITHORWON NO. 2768 bi I ; I I. A&YffAL DATE: JUNE 30, 2009 ........ ... Is — SURVEYOR: A LOSS k ASSOCUTM UC 90 0I P.O. BOX 216 COLMYSMLF aMHO)& 74021 L �l (916) 371-7760 armaTE OF AUMONUUON NO. 39-IR - I r MVUa AIM JLlW 30, 2008 '010 east MIS Nits 13 Acm r M 'jlA= A FINAL PLAT 110A N07YINGHAM HILL A 27.13 ACRE TRACT CONTAINS 58 LOTS IN 2 BLOCKS, 6 RESERVE AREAS ZONED: RS-2 NOTTLVGHAM HILL j"JARY 2009 V 2 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ANGELA HESS FINANCE DIRECTOR SUBJECT: FISCAL YEAR AUDIT DATE: March 6, 2009 BACKGROUND: City charter and state statutes require that an independent accountant perform an annual audit of the City's finances. In April 2006, the City accepted five-year proposals for auditing services from public accounting firms. Those proposals included an option to extend the agreement each year with an annual escalated fee for services provided. The firm of Cole & Reed, P.C. was selected and a one-year contract was approved by City Council. On February 27, 2009 the Audit Committee met to review the proposed Arrangement Letter, fees and audit calendar. The Audit Committee agreed they were satisfied with the quality, expertise and cooperation provided by the firm and to recommend that the City of Owasso continue to utilize the services of Cole & Reed, P.C. as auditors for the City and its trust authorities. Approval of an extension to the current contract will allow the firm to schedule their audit plan for the coming fiscal year end. The Audit Arrangement Letter is attached for your review. The not -to -exceed fee of $41,500 is equal to the base fee charged for the FY08 Audit. RECOMMENDATION: Staff and the Audit Committee recommend that the City Council approve a one-year extension to the current contract and retain Cole & Reed, P.C. as auditors for the fiscal year ending June 30, 2009 and authorize the City Manager to execute the agreement. ATTACHMENTS: Cole & Reed, P.C. Engagement letter dated February 10, 2009 Cole & Reed Proposed Audit Calendar City of Owasso Audit Committee Memorandum dated March 3, 2009 February 10, 2009 City Council and Audit Committee City of Owasso Owasso, Oklahoma This letter is to explain our understanding of the arrangements for the services we are to perform for the City of Owasso for the year ending June 30, 2009. We ask that you either confirm or amend this understanding. We will perform an audit of the City of Owasso's governmental activities, business -type activities, aggregate discretely presented component units, each major fund, and aggregate remaining fund information as of and for the year ended June 30, 2009 which collectively comprise the basic financial statements. We understand that these financial statements will be prepared in accordance with accounting principles generally accepted in the United States of America. The objective of an audit of financial statements is to express an opinion on those statements. We will also perform the audit of the City of Owasso as of June 30, 2009 so as to satisfy the audit requirements imposed by the Single Audit Act and the U.S. Office of Management and Budget (OMB) Circular No. A-133. We will conduct the audit in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards issued by the Comptroller General of the United States and the provisions of the Single Audit Act, OMB Circular A-133 and OMB's Compliance Supplement. Those standards, circulars, supplements or guides require that we plan and perform the audit to obtain reasonable rather than absolute, assurance about whether the financial statements are free of material misstatement whether caused by error, fraudulent financial reporting, or misappropriation of assets. Accordingly, a material misstatement, whether caused by error, fraudulent financial reporting, or misappropriation of assets, may remain undetected. The determination of abuse is subjective; therefore, Government Auditing Standards do not expect us to provide reasonable assurance of detecting abuse. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. As a result, an audit is not designed to detect errors or fraud that are immaterial to the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit will provide a reasonable basis for our report. ++++++++++++++++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++++++++++++++++ +}++++++++++++++++++++++++++++++++++++++++++531 Couch Dr. Suite 200 TEL 405.239.7961 RSM McGiadrey Network ++++++++++++++++++++++++++++++++++++++++++++ Oklahoma City, OK Fax 405.235.0042 +++++t+++++++++++++++++++++-ft++++++++++++++++ An Independently Owned Member ++++++++++++++++++++++++++++++++++++++++++++ 73102-2251 WEB www.coleandreed.com ++++++++++++++++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++++++++++++++++ In addition to our report on the City's financial statements, we will also issue the following reports or types of reports: A report on the fairness of the presentation of the City's schedule of expenditures of federal awards for the year ending June 30, 2009. Reports on internal control related to the financial statements and major programs. These reports will describe the scope of testing of internal control and the results of our tests of internal controls. Reports on compliance with laws, regulations, and the provision of contracts or grant agreements. We will report on any noncompliance which could have a material effect on the financial statements and any noncompliance which could have a direct and material effect on each major program. A schedule of findings and questioned costs. The funds that you have told us are maintained by the City of Owasso and that are to be included as part of our audit are as follows: 1. General Fund -1 2. Special Revenue Funds - 9 3. Capital Projects Funds - 3 4. Enterprise Funds - 2 5. Internal Service Funds - 4 6. Agency Funds -1 The component unit whose financial statements you have told us are to be included as part of the City of Owasso's financial statements is the Owasso Economic Development Authority. The federal financial assistance programs that are to be included as part of the City's Single Audit includes, but is not limited to the U.S. Environmental Protection Agency - Passed Through the Oklahoma Water Resources Board - Safe Drinking Water State Revolving Fund - CFDA No. 66.468. Our reports on internal control will include any significant deficiencies and material weaknesses in the system of which we become aware as a result of obtaining an understanding of internal control and performing tests of internal control consistent with requirements of the standards and circulars identified above. Our reports on compliance will address material errors, fraud, abuse, violations of compliance requirements, and other responsibilities imposed by state and federal statutes and regulations and assumed by contracts; and any state or federal grant, entitlement of loan program questioned costs of which we become aware, consistent with requirements of the standards and circulars identified above. If circumstances arise relating to the conditions of your records, the availability of sufficient, competent evidential matter, or indications of a significant risk of material misstatement of the financial statements because of error, fraudulent financial reporting, misappropriation of assets, or noncompliance which in our professional judgment prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional standards, including declining to express an opinion or issue a report, or withdrawal from the engagement. As you know, management is responsible for 1) the preparation of the City of Owasso's financial statements and the supplemental schedule of federal awards, 2) establishing and maintaining effective internal control over financial reporting and safeguarding assets and internal control over compliance, including monitoring ongoing activities, and for informing us of all deficiencies in the design or operation of such controls of which it has knowledge, 3) properly recording transactions in the records, 4) identifying and ensuring that the City of Owasso complies with the laws and regulations applicable to its activities, and for informing us about all known material violations of such laws or regulations, 5) the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the entity involving management, employees who have significant roles in internal control and others where the fraud could have a material effect on the financial statements, 6) informing us of its knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, regulators, or others, 7) making us aware of significant vendor relationships where the vender is responsible for program compliance, 8) making all financial records and related information available to us, 9) for adjusting the financial statements to correct material misstatements, 10) following up and taking corrective action on audit findings, including the preparation of a summary schedule of prior audit findings, and a corrective action plan, and 11) report distribution including submitting the reporting packages. At the conclusion of our audit, we will request certain written representations from management about the financial statements and matters related thereto. We will also require that management affirm to us that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the opinion units of the financial statements. The audit committee and the City Council are responsible for informing us of its views about the risks of fraud within the entity, and its knowledge of any fraud or suspected fraud or abuse affecting the entity. We will also determine that certain matters related to the conduct of the audit are communicated to the audit committee and City Council including 1) fraud involving senior management and fraud (whether caused by senior management or other employees) that causes a material misstatement of the financial statements, 2) illegal acts or abuse that come to our attention (unless they are clearly inconsequential), 3) disagreements with management and other serious difficulties encountered in performing the audit, and 4) various matters related to the entity's accounting policies and financial statements. The working papers for this engagement are the property of Cole & Reed, P.C. However, you acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs, and the U.S. Government Accountability Office shall have access to the audit working papers upon their request; and that we shall maintain the. working papers for a period of at least three years after the date of the report, or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to requested workpapers will be provided under the supervision of Cole & Reed, P.C. audit personnel and at a location designated by our Firm. The two overarching principles of the independence standards of the "Government Auditing Standards" issued by the Comptroller General of the United States provide that management is responsible for the substantive outcomes of the works, and therefore, has a responsibility and is able to make any informed judgment on the results of the services described above. We currently do not anticipate providing any non -audit services to the City of Owasso. Should that change, however, the services to be performed will be subject to a separate arrangement letter. Further, the City of Owasso agrees to the following with respect to any such non -audit services: Ms. Angela Hess will be accountable and responsible for overseeing any non -audit services provided by Cole & Reed P.C. The City of Owasso will establish and monitor the performance of any such non -audit services to ensure that they meet management's objectives. The City of Owasso will make any decisions that involve management functions related to any such non -audit services and accepts full responsibility for such decisions. The City of Owasso will evaluate the adequacy of services performed and any findings that result. During the course of our engagement, we may accumulate records containing data which should be reflected in your books and records. You will determine that all such data, if necessary, will be so reflected. Accordingly, you will not expect us to maintain copies of such records in our possession. From time to time and depending upon the circumstances, we may use third -party service providers to assist us in providing professional services to you. In such circumstances, it may be necessary for us to disclose confidential client information to them. We enter into confidentiality agreements with all third -party service providers and we are satisfied that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. The assistance to be supplied by organization personnel, including the preparation of schedules and analyses of accounts, will be discussed and coordinated with Ms. Angela Hess, Director of Finance. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. Our fees are based on the time required by the individuals assigned to the engagement, plus direct expenses. Interim billings will be submitted as work progresses and as expenses are incurred. Billings are due upon submission. Our fee for the services described in this letter will not exceed $41,500, including direct expenses, unless the scope of the engagement is changed, the assistance which the City of Owasso has agreed to furnish is not provided, or unexpected conditions are encountered, in which case we will discuss the situation with you before proceeding. All other provisions of this letter will survive any fee adjustment. Other factors that could cause an adjustment to the professional fees would be the addition of new Federal programs that are "Type A" programs as defined by OMB Circular A-133, new funds not previously communicated to us, changes in laws and regulations, accounting principles, auditing standards, and other matters that increase the amount of work required to complete the audit. Our professional standards require that we perform certain additional procedures, on current and previous years engagements, whenever a partner or professional employee leaves the firm and is subsequently employed by or associated with a client. Accordingly, the City of Owasso agrees it will compensate Cole & Reed, P.C. for any additional costs incurred as a result of the employment of a partner or professional employee of Cole & Reed, P.C.. In accordance with Government Auditing Standards, a copy of our most recent peer review report is enclosed, for your information. If this letter defines the arrangements as you understand them, please sign the enclosed copy, and return it to us. We appreciate your business. Very truly yours, Mike Gibson For The Firm Cole & Reed, P.C. Confirmed on behalf of the addressee: Signature Title CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS August 9, 2007 To the Shareholders of Cole & Reed, P.C. and the Center for Public Company Audit Firms Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Cole & Reed, P.C. (the firm) applicable to non -SEC issuers in effect for the year ended April 30, 2007. The firm's accounting and auditing practice applicable to SEC issuers was not reviewed by us since the Public Company Accounting Oversight Board (PCAOB) is responsible for inspecting that portion of the firm's accounting and auditing practice in accordance with PCAOB requirements. A system of quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (the AICPA). The design of the system, and compliance with it, are the responsibilities of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with that system based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for Public Company Audit Firms and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it since it was based on selective tests. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice applicable to the non -SEC issuers of Cole & Reed, P.C. in effect for the year ended April 30, 2007, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA, and was complied with during the year then ended to provide the firm with reasonable assurance of complying with applicable professional standards. B1,rady Matz Associates, P.C. BRADY, MARTZ & ASSOCIATES, P.C. 401 Demers Avenue Suite 300 P.O. Box 14296 Grand Forks, ND 58208-4296 (701)775-4685 Fax (701) 795-7498 OTHER OFFICES: Minot and Bismarck, ND Thief River Falls, MN RSM McGladrey Network An In&pWeMlp Owned MenW Attachment to the Peer Review Report of Cole & Reed, P.C. Description of the Peer Review Process Overview Firms enrolled in the AICPA Center for Public Company Audit Firms (the Center) Peer Review Program have their system of quality control periodically reviewed by independent peers. These reviews are system and compliance oriented with the objectives of evaluating whether: The reviewed firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers has been designed to meet the requirements of the Quality Control Standards established by the AICPA. The reviewed firm's quality control policies and procedures applicable to non -SEC issuers were being complied with to provide the firm with reasonable assurance of complying with professional standards. A peer review is based on selective tests and directed at assessing whether the design of and compliance with the firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers provides the firm with reasonable, not absolute, assurance of complying with professional standards. Consequently a peer review on the firm's system of quality control is not intended to, and does not, provide assurance with respect to any individual engagement conducted by the firm or that none of the financial statements audited by the firm should be restated. The Center's Peer Review Committee (PRC) establishes and maintains peer review standards. At regular meetings and through report evaluation task forces, the PRC considers each peer review, evaluates the reviewer's competence and performance, and examines every report, letter of comments, and accompanying response from the reviewed firm that states its corrective action plan before the peer review is finalized. The Center's staff plays a key role in overseeing the performance of peer reviews working closely with the peer review teams and the PRC. Once the PRC accepts the peer review reports, letters of comments, and reviewed firms' responses, these documents are maintained in a file available to the public. In some situations, the public file also includes a signed undertaking by the firm agreeing to specific follow-up action requested by the PRC. Firms that perform audits or play a substantial role in the audit of one or more SEC issuers, as defined by the Public Company Accounting Oversight Board (PCAOB), are required to be registered with and have their accounting and auditing practice applicable to SEC issuers inspected by the PCAOB. Therefore, we did not review the firm's accounting and auditing practice applicable to SEC issuers. -2- Planning the Review for the Firm's Accounting and Auditing Practice Applicable to Non -SEC Issuers To plan the review of Cole & Reed, P.C., we obtained an understanding of (1) the nature and extent of the firm's accounting and auditing practice, and (2) the design of the firm's system of quality control sufficient to assess the inherent and control risks implicit in its practice. Inherent risks were assessed by obtaining an understanding of the firm's practice, such as the industries of its clients and other factors of complexity in serving those clients, and the organization of the firm's personnel into practice units. Control risks were assessed by obtaining an understanding of the design of the firm's system of quality control, including its audit methodology, and monitoring procedures. Assessing control risk is the process of evaluating the effectiveness of the reviewed firm's system of quality control in preventing the performance of engagements that do not comply with professional standards. Performing the Review for the Firm's Accounting and Auditing Practice Applicable to Non -SEC Issuers Based on our assessment of the combined level of inherent and control risks, we identified practice units and selected engagements within those units to test for compliance with the firm's system of quality control. The engagements selected for review included engagements performed under the Government Auditing Standards, and audits of Employee Benefit Plans. The engagements selected for review represented a cross-section of the firm's accounting and auditing practice with emphasis on higher -risk engagements. The engagement reviews included examining working paper files and reports and interviewing engagement personnel. The scope of the peer review also included examining selected administrative and personnel files to determine compliance with the firm's policies and procedures for the elements of quality control pertaining to independence, integrity, and objectivity; personnel management; and acceptance and continuance of clients and engagements. Prior to concluding the review, we reassessed the adequacy of scope and conducted a meeting with firm management to discuss our findings and recommendations. -3- CITY OF OWASSO, OKLAHOMA June 30, 2009 PROPOSED AUDIT CALENDAR Planning, System Walk-Throughs and Tests of Controls June/July — This testing will be performed in the June & July time frame. This will be when we perform most of our documentation to implement the new auditing standards. By June 1, 2009, the City will provide Cole & Reed with all of the Fund Trial Balances as of April 30, 2009. We will also provide you with the year-end "PBC" listing and the format of confirmations that are required. The Confirmation requests will be provided to you around the end of June The PBC Listing will be provided to you no later than July 31 We have tentatively scheduled the week of June 22, 2009 to perform most of the above procedures We will perform selected tests of controls, transactions and account balances at this time Year -End Audit Fieldwork We will tentatively plan to start the year-end audit fieldwork the week of October 6, 2009. This presumes that we receive all of the adjusted trial balances and other PBC Items from City offices by October 2, 2009. We need to have a few days in our office prior to the start of fieldwork to assimilate and coordinate everything. Audit Wrap -Up Provided that the above timeline has been met, we will provide a draft financial statement to the City by November 13, 2009, and the final financial statements by December 1, 2009. • Draft provided by November 13, 2009 • City response to draft —November 25, 2009 • Meeting with Audit Committee — December 3 • Meeting with City Council — December 8 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL, CITY OF OWASSO FROM: GUTON NIGHTINGALE CITY OF OWASSO AUDIT COMI'r MEE, CHAIR SUBJECT: FISCAL YEAR AUDIT DATE: March 3, 2009 BACKGROUND: In April 2006, the city accepted proposals for auditing services from public accounting firms. Those proposals included a fixed fee for each of the five years. The firm of Cole & need, P.C, was selected and a one year contract was approved by City Council. The Audit Committee met on February 27, 2009 to review the proposed Arrangement Letter, fees and audit calendar. The Audit Committee is satisfied with the quality, expertise -and cooperation provided by the firm and wishes to continue to utilize the services of Cole & Reed, P.C. as auditors -for the City and its trust authorities. RECOMMENDATION: The Audit Committee recommends that the City Council retain Cole & Reed, P.C. as auditors. 7' Guinn Nightingale City of Owasso Audit Committee, Chair MEMORANDUM TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: TRAVIS BLUNDELL UTILITY SUPERINTENDENT SUBJECT: WASTEWATER TREATMENT PLANT DUMP TRUCK DATE: March 2, 2009 BACKGROUND: The FY 2008-2009 Wastewater Treatment Plant budget includes funds in the amount of $120,000 for the purchase of a new dump truck. The new dump truck will be used primarily by the wastewater treatment plant for hauling inorganic and organic material to the landfill. This piece of equipment will replace the existing 1988 Ford dump truck that is currently shared among all Public Works divisions. The 1988 ford dump truck will continue to be utilized by the other divisions. The purchase of an additional dump truck will help increase operational efficiencies and flexibility among Public Works. SOLICITATION OF BIDS: A notice to bidders was published in the Owasso Reporter on February 19, 2009 and February 26, 2009 to solicit bids for the purchase of a dump truck. A request for bids was also mailed on February 19, 2009 to six (6) vendors. The bid opening is scheduled for Wednesday, March 11, 2009 at 2:00 p.m., one day following the City Council's March worksession meeting. FUNDING SOURCE: Funds for the purchase of one (1) dump truck are included in the FY 2008-2009 Wastewater Treatment Plant budget. RECOMMENDATION: Upon thorough review of all bids received on March 11, 2009, staff intends to recommend Council award the successful bid to the appropriate apparatus vendor at the regular Council Meeting of March 17, 2009. Additionally, staff will provide the Council with results of the bid evaluation process via e-mail prior to the regular March 17, 2009 meeting. MEMORANDUM TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: TIM DOYLE PUBLIC WORKS GENERAL SERVICES SUPERINTENDENT SUBJECT: REFUSE VEHICLE(S) PURCHASE PROPOSAL DATE: March 6, 2009 BACKGROUND: Included in the FY 2008-2009 Refuse Division Budget is $508,885 for the purchase of two (2) new, fully automated refuse collection vehicles. These vehicles will be used as primary collection vehicles in the automated collection system. Staff research concluded that utilizing automated refuse collection vehicles provides the most efficient method of refuse collection, while reducing workers compensation claims and injuries. Procurement of these vehicles is the second step in the City's transition to automated refuse collection. The first being the award of the Refuse Container Contract on July 1, 2008, which provided for the replacement of 7,000 refuse containers that were not functional in a fully automated collection system. SOLICITATION OF BIDS: A notice to bidders was published in the Owasso Reporter on February 19, 2009 and February 26, 2009 to solicit bids for the purchase of one (1) fully automated refuse collection vehicle with an option for the purchase of a second identical vehicle. A request for bids was also mailed on February 19, 2009 to eleven (11) vendors. The bid opening is scheduled for Wednesday, March 11, 2009 at 2:00 p.m. FUNDING SOURCE: Funding for the purchase of one or two refuse vehicles is included in the FY 2008-2009 Refuse Division Vehicle budget (61-480-54500) in the amount of $508,885.00. RECOMMENDATION: Upon thorough review of all bids received on March 11, 2009, staff intends to recommend Council award the successful bid to the appropriate apparatus vendor at the regular Council Meeting of March 17, 2009. Additionally, staff will provide the Council with results of the bid evaluation process via e-mail prior to the regular March 17, 2009 meeting. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ROGER STEVENS PUBLIC WORKS DIRECTOR SUBJECT: AWARD OF ENGINEERING SERVICES AGREEMENT - NORTH GARNETT ROAD AND EAST 106 STREET NORTH INTERSECTION IMPROVEMENTS DATE: March 6, 2009 BACKGROUND: On November 1, 2005, City Council approved Resolution No. 2005-15 amending the priority determination of Capital Improvements projects for funding during the Fiscal Year 2005-2006 to include conceptual design of four roadway intersections: — North 145th East Avenue and East 96th Street North — North Garnett Road and East 1061h Street North — North Mingo Road and East 961h Street North — North 145th East Avenue and East 1061h Street North The objective of the work, following the advice of Oklahoma Department of Transportation (ODOT) staff, was to facilitate the preparation and submittal of funding applications to ODOT to increase likelihood of obtaining federal funding approval. Results of the work were presented to Council on October 10, 2006. Prioritization of construction for the four selected intersections was made based on service ratings, projected traffic volumes (usage), construction costs and relative location to critical facilities (fire stations, hospitals, etc.). Based on the criteria listed above, staff proposed the construction of improvements in the following sequence: — North Garnett Road and East 106th Street North — North 1451h East Avenue and East 96th Street North — North 145th East Avenue and East 106th Street North — North Mingo Road and East 96th Street North Since September of 2007, staff has been in communications with ODOT officials on a monthly basis regarding the availability of federal funding particularly for the North Garnett Road and East 106th Street North Intersection Project. On February 12, 2009, ODOT notified staff that federal funding in the amount of $750,000 had been approved for the project. PROJECT SCOPE: In November 2006, PSA-Dewberry completed the conceptual design for this intersection. The report recommended constructing a five -lane section along Garnett and a three lane section along 106`h Street. Since the completion of the conceptual design, the City has experienced significant growth in the area and realized the scope of the project must increase in order to adequately accommodate the heavily traveled area. Therefore, the proposed intersection improvements would include five lanes plus a right turn lane on all legs of the intersection. The roadway improvements will extend in each direction nearly 700 feet from the intersection. The storage bays for each left lane will be 250 feet. The estimated construction cost is $1,590,000 excluding right -of -away acquisition, project contingency and utility relocation costs. ENGINEERING SERVICES AGREEMENT: Based on the scope and data previously collected while performing the conceptual design, City staff requested a proposal from PSA-Dewberry. The engineering services to be performed under this agreement include: — Conceptual, Preliminary, and Final Design of the proposed improvements — Prepare exhibits for and participate in a design public hearing. Provide Public Hearing Report, listing all questions raised and providing a response to each question — Provide a set of construction plans for the proposed improvements including plans, profiles, cross sections, and details — Provide a Stormwater Pollution Prevention Plan in accordance with local requirements — Provide construction cost estimates — Drawings will be in AutoCad format and will be presented in hardcopy format Coordinate with local franchise utilities for relocation — Coordinate and procure a geotechnical report for the Project using a client approved subcontractor — Prepare right -of -away, legal descriptions and exhibits — Prepare special provisions to Oklahoma Department of Transportation standard specifications if required — Coordinate with Oklahoma Department of Transportation and obtain their approval concerning the proposed roadway improvements PSA-Dewberry has submitted a fixed rate fee proposal in the amount of $119,500 or 7.5%. of the estimated construction cost (Attachment A). This fee includes the additional sub -consultant fees as summarized below: — Field Survey Update Fee: $6,220.00 — Parcel Maps & Legal Descriptions (12 parcel): $3,600.00 — Right -of -Way Corner Field Staking (12 parcels): $3,000.00 — Geotechnical Investigation & Concrete Pavement Design: $5,100.00 — Traffic Study Update $4,000.00 — Traffic Signal Design & Construction Document Prep: $8,000.00 PROJECT SCHEDULE: The design of the North Garnett Road and East 1061h Street North Intersection Improvement Project will require approximately seven months to complete. The schedule below illustrates a start date of March 2009 and an approximate completion date of October 2009 (for engineering services). — Notice to Proceed to PSA-Dewberry from the City of Owasso — March 2009 — Project Start Date — March 2009 — Complete Design Survey, Geotechnical Investigation, 65% - Drawing Complete — June 2009 — Utility Coordination, 90% Drawing Complete — September 2009 — Complete Final Design — October 2009 — Advertise for Bids — November 2009 — Council Approval/Notice to Proceed — January 2010 — Construction Complete — September 2010 FUNDING SOURCE: Funds for this Intersection Improvement project are included in the Capital Improvements Budget. In addition, ODOT has approved federal funding for this project. The funding available is in the amount of $750,000. RECOMMENDATION: Unless concerns are expressed by the City Council, staff intends to recommend Council approval of an Agreement for Engineering Services for the North Garnett Road and East 106th Street North Intersection Improvements with PSA-DewBerry Inc. (Tulsa, Oklahoma) for the purpose of designing the North Garnett Road and East 106th Street North Intersection Improvements in the amount of $119,500 and authorization for the Mayor to execute the agreement. ATTACHMENTS: A. Fee Proposal B. Engineering Services Agreement C. Location Map 1350 South Boulder 918 587 7283 Suite 600 918 587 0071 fax PS.\ 4` Dewberry Tulsa, Oklahoma 74119-3216 www.psadewberry.com March 2, 2009 Mr. Roger Stevens Director City of Owasso Public Works Department 301 West 2" d Avenue Owasso, Oklahoma 74055 Re: N. Garnett Road / E. 106`" Street North Intersection Fee Proposal for Engineering Design and Construction Document Preparation Dear Mr. Stevens: PSA-Dewberry Inc. is pleased to submit this Fee Proposal for the Professional Engineering Services required to design and prepare the Construction Documents for the N. Garnett Road / E. 106`' Street North Intersection improvements for the City of Owasso, Oklahoma. PROJECT UNDERSTANDING The City of Owasso desires to expand the N. Garnett Road / E. 106`' Street North intersection in northwest Owasso. This improvement is required due to significant left turning traffic from Garnett Road onto 106"" Street during the morning / afternoon commutes and on weekends. The left turn movements are delaying the through traffic since the intersection currently only has a single through lane in all directions. Roadside ditches preclude traffic from bypassing the left turning motorists. Hence it is common for motorists to sit through multiple traffic signal cycles before being able to resume their travels. PSA-Dewberry completed a Conceptual Design Report for this intersection in November 2006. The Report recommended constructing a five -lane section along Garnett and a three -lane section along 1061" Street. Since the completion of the Report, the City has experienced significant growth and has realized that planning ahead at this intersection now could avoid having to revisit this heavily traveled area with construction activities in the firture. Therefore, the City proposes to construct five lanes plus a right turn lane on all legs of the intersection. The roadway improvements will extend in each direction nearly 700 feet from the intersection. The storage bays for each left turn lane will be 250 feet. It will be this footprint that the Oklahoma Department of Transportation (ODOT) will use to complete the required NEPA studies. It will also be the footprint that PSA-Dewberry will use to determine additional right-of-way requirements. As of February 12, 2009, ODOT has programmed this project for federal finding. The funding available is in the amount of $750,000. ODOT has offered to complete the NEPA Studies for the project at no cost to the City. The Federal funding will be obligated to the Project once all of the following items have been completed: • Construction Documents have been reviewed and approved by City and ODOT, • NEPA Studies and Document has been approved by FHWA, • Right -of -Way has been acquired and the process certified by ODOT, and • Utility relocations have been completed and all conflicts have been cleared. Mr. Rogers Stevens March 2, 2009 PSA-Dewberry has updated the anticipated construction costs of the project to include the proposed right turn lanes and the resulting estimate is $1,590,000 excluding right-of-way acquisition and utility relocation costs. SCOPE OF SERVICES Following receipt of written Notice to Proceed, PSA-Dewberry will complete the following services during the completion of the Project: PLAN -IN -HAND PHASE Facilitate a Project Initiation Meeting with City of Owasso staff. Discuss and establish Project goals and objectives. Discuss recent comments on Conceptual Design Report. Prepare meeting notes. 2. Add right turn lanes on each of the four intersection legs. Length of the right turn lanes will be based upon projected traffic volumes. Update the Conceptual plan / profile drawings prepared as part of the Conceptual Design Report. issue notice -to -proceed to Subconsultants on Team: a. Kleigfelder Inc. for geotechnical investigation and concrete pavement design; b. Sisemore Weisz &. Associates, Inc. (SWA) for field survey update, new right-of-way parcel map/ legal description preparation, and field staking of new right-of-way corners; C. Traffic Engineering Consultants (TEC) for the traffic study update, and traffic signal design / construction document preparation. Assemble four (4) sets of documents required by ODOT for the NEPA Studies. Complete ODOT's Local Government NEPA Study Checklist. Prepare cover letter and forward submittal package to ODOT, as requested by the City. Develop construction drawings to 65 percent completion. The drawings developed during this phase could be approximately 40 sheets and include the following: • Cover, i • Pay Quantity Summaries, 2 • Traffic Signal Pay Quantities, i • Typical Sections, 1 • Right -of -Way Map, I • Drainage Area Map, I • Drainage Structure Design Data, l • Summary of Drainage Structures, 1 • Plan and Profile Sheets, 8 • Traffic Control Sheets, 4 • Driveway Profiles, 1 • Signal Plan, 1 • Signal Detail Plans, 2 • Wiring Diagrams, 2 • Signing and Striping Plan Sheets, 2 • Cross Sections — Garnett Road, and 4 • Cross Sections —N. 106"' Street North. 2 PSA IF Dewberry t Mr. Rogers Stevens March 2, 2009 6. Prepare detailed Construction Cost Estimate. 7. Participate in Public Meeting with Owasso residents. Location, date and time to be determined by City. Notification of meeting will be handled by the City. ODOT will provide right-of-way acquisition procedures for distribution at meeting. Prepare meeting notes. 8. Print, assemble, and forward three (3) full size sets to the City and eight (8) half size sets to ODOT of the Plan -in -Hand Drawings for review and comment. 9. Meet City and ODOT on project site to review project and drawings. Discuss City and ODOT comments as applicable. Prepare meeting notes. .FINAL CONSTRUCTION DOCUMENTS 1.0. Coordinate with existing utility companies. Forward preliminary plans to companies with potential conflicts noted. Schedule a meeting and meet with utility representatives onsite. Coordinate relocation plans. 11. Prepare Construction Drawings to 90% completion. Final drawing set could be approximately 50 sheets. New sheets to be developed under this phase in addition to those listed above include: • Stormwater .Pollution Prevention Plan, I • Erosion Control Plan, 1 • Survey Data Sheet, i • Summary Schedules, 1 • Removal Sheets, 2 • Intersection Layout Sheets, 2 • Joint Layout Plans, and 2 • Driveway Details. I I2. Print, assemble, and forward three (3) full size sets to the City and eight (8) half size sets to ODOT of the 90% Construction Drawings for review and comment. 13. Schedule a meeting with City and ODOT representatives at City of Owasso Public Works office to review and discuss the 90% Drawings comments. Prepare meeting notes. 14. Modify Construction Documents as required, addressing applicable comments. Print, assemble, and forward three (3) full size sets to the City and four (4) half size sets to ODOT of the Final (100%) Drawings for review and comment. 15. Receive 100% Drawing comments via a -mail within agree to timeframe. Review and respond to any comments needing further discussion via conference calls with ODOT and City. 16. Modify Construction Documents as required, addressing applicable comments. 17. Forward one (1) full size set and one (1) half size set of construction drawings on bond paper to the City for submittal to ODOT. 3 PSA Of Dewberry Mr. Rogers Stevens March 2, 2009 Deviation from the services described will constitute a change of scope and will be handled as a supplemental service. Supplemental services could include, but not be limited to, property reports, right-of-way / easement acquisition services, bidding assistance to the City, and construction phase services. A supplemental scope, schedule, and compensation will be negotiated separately from this Contract prior to the start of work on the supplemental service task. SCHEDULE Dewberry has prepared the attached schedule with the understanding that this contract will be approved by the City Council on March 1.7, 2009. We anticipate being able to complete our documents in approximately 7 months assuming we receive notice to proceed on March 1.8`' or shortly thereafter. As mentioned above, ODOT will not begin the letting process until the construction documents and NEPA documents are approved. right-of-way is acquired, and utility clearances are completed. COMPENSATION Dewberry's lump sum fee for this project as described above is $119,500. This fee includes the subconsultant fees summarized below: ❖ Sisemore [Veis: di Associates Ine. • Field Survey Update Fee: $6.220.00 • Parcel Maps & Legal Descriptions (12 parcels): $3,600.00 • Right -of -Way Corner Field Staking (12 parcels): $3,000.00 ❖ Iileinfclder lhc. • Geotechnical Investigation & Concrete Pavement Design: $5.100.00 • 7'ra jfic EhLnerring ( `ons ultwils Inc. • Traffic Study Update $4,000.00 • Traffic Signal Design & Construction Document Prep: $8,000.00 Dewberry appreciates the opportunity to complete the construction documents for this project for the City of Owasso. Please do not hesitate to contact Craig Swengle at (918) 295-5255 should you have any questions or require additional information. Sincerely, PSA-Dewberry Inc. D. Michael Arand, P.E. Director of Tulsa Office / Engineering CSS:css CC: Mike Arand Greg Coker File Craig S. Swengle, P.E. Prrtject Manager 4 f S,\ 9 Dewberry AGREEMENT For ENGINEERING SERVICES North Garnett Road and East 106 Street North Intersection Improvement PROJECT CITY of Owasso, Oklahoma THIS AGREEMENT, made and entered into this day of March 2009 between the CITY of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, PSA-Dewberry Inc, hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to construct a five -lanes plus a right turn lane on all legs of the intersection, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through September 2010. NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: Scope of PROJECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROJECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, which is attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B SCOPE OF SERVICES, in accordance with the schedule set for in Attachment E, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and ENGINEERed in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the services to be performed by the ENGINEER pursuant to the AGREEMENT or the suitability of ENGINEER's work product. 7. LIMITATION OF RESPONSBILITY. 7.1 ENGINEER shall not be responsible for construction means, methods, techniques, the sequences, procedures, or safety precautions and programs in connection with PROJECT. 7.2 The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3 In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. 7.4 Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 7.5 ENGINEER's deliverables are limited to the sealed and signed hard copies. Computer -generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding of market conditions, ENGINEER's cost estimate shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER's forecast schedules shall be made on the basis of qualifications and experience as a Professional ENGINEER. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the services for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect, or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2 CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insured on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the services, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria, and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the services. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1 During the performance of the services under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $500,OOO,deductibles subject to approval. 12.2 ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1 All documents, including original drawings, estimates, specifications, field notes, and data shall become and remain the property of the CITY. 13.2 CITY's reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY's risk. 14. TERMINATION OF AGREEMENT. 14.1 The obligation to continue services under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2 CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY's convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of services on a schedule acceptable to CITY. In the event of termination or suspension for CITY's convenience, CITY shall pay ENGINEER for all services performed to the date of termination in accordance with provisions of Attachment C, COMPENSATION. Upon restart of a suspended PROJECT, ENGINEER's contract price and schedule shall be equitably adjusted. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below: To ENGINEER: PSA-Dewberry Inc. 220 E. 8th Street Tulsa, Oklahoma 74119 Attention: D. Michael Arand, P.E. To CITY: CITY OF OWASSO, OKLAHOMA PO BOX 180 OWASSO, OKLAHOMA 74055 Attention: Roger Stevens 15.1 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns, or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general SCOPE OF SERVICES in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the. CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the CITY's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from and exercising any rights privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultant, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the services hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the CITY of Owasso, and any plans or specifications not meeting the terms set forth in the AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with CITY staff initially and monthly thereafter and will be available for public meetings and /or City of Owasso presentations. 22. KEY PERSONNEL. In performance of the services hereunder, ENGINEER has designated Craig S. Swengle, P.E. as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of the CITY. IN WITNESS THEREOF, the parties have executed this AGREEMENT in multiple copies on the Respective dates herein below reflected to be effective on the date executed by the Mayor of the CITY of Owasso. PSA-DEWBERRY Inc. D. Michael Arand, P.E. , Director of Tulsa Office/Engineering Date CITY OF OWASSO Mayor Date CITY OF OWASSO Rodney J. Ray, City Manager Date ATTEST: Sherry Bishop, City Clerk Date APPROVED AS TO FORM: Julie Lombardi, City Attorney AGREEMENT For ENGINEERING SERVICES North Garnett Road and East 106 Street North Intersection Improvement PROJECT CITY of Owasso, Oklahoma Scope of PROJECT Attachment A SCOPE OF PROJECT. The PROJECT shall consist of the preparation of construction plans and specifications for the North Garnett Road and East 106 Street North Intersection PROJECT for the CITY of Owasso. AGREEMENT For ENGINEERING SERVICES North Garnett Road and East 106 Street North Intersection Improvement PROJECT CITY of Owasso, Oklahoma SCOPE OF SERVICES Attachment B The services to be performed by the ENGINEER, PSA-Dewberry Inc, under this AGREEMENT will consist of the preparation of construction plans and specifications for a Five -Lanes Plus A Right Turn Lane On All Legs Of The Intersection. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder are essential provisions of the AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of the AGREEMENT and receipt of Notice to Proceed. It is further understood that the PROJECT will be designed and constructed in accordance with the CITY of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B-La) Conceptual, Preliminary, and Final Design of the proposed improvements B.1.b) Prepare exhibits for and participate in a Design Public hearing. Provide a Public Hearing Report, listing all questions raised and providing a response to each question B.I.c) Provide a set of construction plans for the proposed improvements including plans, profiles, cross sections, and details B.1.d) Provide a Stormwater Pollution Prevention Plan in accordance with local requirements B.1.e) Provide construction cost estimates B.1.f) Drawings will be in AutoCad format and will be presented in hardcopy format B.1.g) Coordinate with local franchise utilities for relocation B. Lh) Coordinate and procure a geotechnical report for the PROJECT using a client approved subcontractor B. Li) Prepare right-of-way, legal descriptions and exhibits B.l.j) Prepare special provisions to Oklahoma Department of Transportation standard specifications if required B. Lk) Coordinate with Oklahoma Department of Transportation and obtain their approval concerning the proposed roadway improvements AGREEMENT For ENGINEERING SERVICES North Garnett Road and East 106 Street North Intersection Improvement PROJECT CITY of Owasso, Oklahoma Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: A. Scheduling. Provide notice to proceed at least 14 days prior to actual project start date. B. Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: 13.1. Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT. 13.2. ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the informationn provided by the CITY. C. Access. To provide access to public and private property when required in performance of ENGINEER's services. D. Staff Assistance. Designate in writing a person to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. E. Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. AGREEMENT For ENGINEERING SERVICES North Garnett Road and East 106 Street North Intersection Improvement PROJECT CITY of Owasso, Oklahoma Compensation Attachment D The CITY agrees to pay, as compensation for services set forth in Attachment B, a total fixed rate fee of one hundred nineteen thousand and five hundred dollars ($119,500.00) for the services described in Attachment B. ENGINEER shall submit monthly invoices based upon the proportion of the total services actually completed at the time of billing. Invoices are due and payable within 30-calendar days of receipt by the CITY. AGREEMENT For ENGINEERING SERVICES North Garnett Road and East 106 Street North Intersection Improvement PROJECT CITY of Owasso, Oklahoma Schedule Attachment E SCHEDULE: The design of the North Garnett Road and 106th Street North Intersection Improvements will require approximately seven months to complete. The schedule below illustrates a start date of March 18, 2009 and an approximate completion date of October 18, 2009. Actual start date will be the following day from Notice to Proceed by the CITY. The schedule is as follows: — Notice to Proceed to PSA-Dewberry from the City of Owasso - March 2009. — Project Start Date - March 2009. — Complete Design Survey, Geotechnical Investigation, 65 % - Drawing Complete - June 2009. — Utility Coordination, 90% Drawing Complete - September 2009. — Complete Final Design - October 2009. Advertise for Bids - November 2009 Council Approval/ Notice to Proceed - January 2010. Construction Complete - September 2010. +i1F pM' ri"'^ � �fi a � "t f`�' � ✓ i '�` �ffi� �„�d .°,°S � ry �°iF s�+ C'Y`�' w1�A E 106th ST N & GARNETT RD I CITY OF OWASSO 03 roF-O9� Legend R xrat, North 0 1 1 I N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: CITY COUNCIL POLICY REGARDING REMOVAL OF ITEMS FROM A MEETING AGENDA DATE: March 6, 2009 BACKGROUND: The City Council, Owasso Public Works Authority and the Owasso Public Golf Authority are broadly vested with authority under the City's Charter, the Oklahoma Constitution and Oklahoma statutory law to adopt and implement efficient and equitable policies and procedures governing their public meetings. Meetings of a public body should be conducted in an orderly manner and in accordance with the rules of parliamentary procedure. Adherence to parliamentary procedures enables a governing body to remain focused on a single issue until that particular matter is fully resolved and to make informed decisions following due consideration of the matter before the public body's members. Development of Policies and Procedures, based upon the rules of parliamentary procedure, furthers a public body's foundational goal of conducting its meetings with order and in a manner that allows for public participation, accountability and additional transparency of government. Items for discussion and items requiring action by the City Council, OPWA and OPGA have traditionally been placed on the appropriate public body's agenda either by a City Council member, a Trustee of the OPWA or OPGA, City Staff or at the request of a citizen residing in the City of Owasso. In some instances, circumstances change following the original request that an item be placed on a City Council, OPWA or OPGA agenda, and the City Council member, Trustee, Staff member or citizen have subsequently desired to: 1) remove the item from the agenda and reschedule consideration of that matter on a date certain in the future, or, 2) remove the item from the agenda for an indefinite period of time without specifying the date upon which the matter will be considered in the future. In the past, items have been removed from an agenda upon the request of any City Council member or Trustee or upon recommendations from Staff. Inevitably, however, some confusion has been created when items have been removed from an agenda prior to the public body's meeting. Neither the City Council, OPWA nor OPGA have previously adopted policies or procedures governing removal of items from an agenda, thus there are currently no written policies or procedures mandating the process to be followed when items are placed upon an agenda and later removed. Pursuant to the City Council's request, Staff has reviewed removal policies utilized by other municipalities, and has additionally researched the Oklahoma State Statutes, the City's Charter and the Code of Ordinances for the City of Owasso to determine what options exist and the type of policy that would most effectively enable the City Council, OPWA and OPGA to conduct orderly and efficient meetings while striving to diligently represent the citizens of Owasso with trust and respect. Accordingly, a policy has been drafted by Staff for consideration by the City Council, OPWA and OPGA. The policy states that once an item has been placed on an agenda and the agenda has been duly posted in conformance with the Oklahoma Open Meeting Act, the item may be stricken from the agenda only upon request from the Council member, Trustee, Staff member or citizen who originally requested that the item be placed on the agenda. When a request is made by such a person, the item shall be removed from the agenda without the necessity of a motion, second or majority vote. A request to remove an item from an agenda may also be made by a Council member, Trustee, Staff member or citizen other than the person who initially requested inclusion of the item on the agenda. However, the item will only be removed if a motion to remove the item and postpone consideration of the matter indefinitely is made during a City Council, OPWA or OPGA meeting by a Councilor or Trustee and is approved. Once a motion to postpone the matter indefinitely has been made, it shall require a second and must receive an affirmative vote by a majority of the Council members or Trustees present at the meeting. The item may later be placed on a subsequent agenda of the City Council, OPWA or OPGA if desired, or the item may be removed from the agenda and never be placed on a subsequent agenda for consideration It is important to note that parliamentary procedure requires a motion to table if a matter is to be stricken from a current agenda and placed on a subsequent agenda on a date certain. In contrast, a motion to remove an item from an agenda and indefinitely postpone also allows an agenda item to be stricken from the current agenda but does not require that the matter be considered on a specific date, or ever, in the future. A motion to postpone indefinitely is much more flexible than a motion to table, and allows an item to be stricken from an agenda without requiring that it be considered on a date certain in the future. A policy of this type allows matters to be removed from an agenda without compelling the City Council, OPWA or OPGA to reschedule consideration of the matter on a definite date in the future, and, in fact, does not require that the matter ever be placed on a future agenda. Of course, nothing within the proposed policy prohibits a Councilor or Trustee from moving that an item be tabled until a future meeting on a specified date if the Councilor or Trustee wishes to do so, just as the policy does not prohibit the item removed from the agenda from being heard in the future if a Councilor or Trustee wishes to do so. The proposed policy merely provides an additional procedure through which an item may be removed from an agenda without compelling the public body to consider that matter on a future date. RECOMMENDATION: Staff will recommend that the City Council approve City Council Policy No. 2009-01 governing the process to be utilized by City Council members, staff and citizens for removal of items from a City Council, OPWA or OPGA meeting agenda. ATTACHMENTS: Proposed City Council Policy No. 2009-01 OWASSO CITY COUNCIL, OWASSO PUBLIC WORKS AUTHORITY AND OWASSO PUBLIC GOLF AUTHORITY POLICIES AND PROCEDURES Policy Statement: The purpose of policies adopted and implemented by the Owasso City Council, Owasso Public Works Authority and the Owasso Public Golf Authority are to develop efficient and equitable procedures for the City Council and the Public Works and Golf Authorities to utilize during meetings, and to provide general information regarding City Council and Authorities to the public. This policy is not designed to create any additional rights or obligations and does not confer any procedural rights upon any City Council member, Trustee, City staff or citizen beyond the adopted procedures herein. Failure of the City Council, Public Works Authority or Golf Authority to strictly follow the recommended procedures described herein shall not affect the validity of any meeting or action taken by the City Council or Public Works or Golf Authority. To the extent a conflict or discrepancy exists between the Policies and Procedures adopted by the City Council, Public Works Authority and Golf Authority and the Owasso Charter and/or Owasso Code of Ordinances, the Charter and Code provisions shall prevail. Policy No. 2009-1: Removal of an Item from an Owasso City Council, Owasso Public Works Authority or Owasso Public Golf Authority Agenda; Motion to Postpone Indefinitely. Procedure: A. Once an item has been placed on the agenda for a Owasso City Council, Owasso Public Works Authority or Owasso Public Golf Authority meeting, and the agenda has been duly posted to provide public notice in conformance with the City's Charter, the City's Code of Ordinances and the Oklahoma Open Meeting Act, the agenda item may be stricken only by the City Council member, Trustee, staff member or citizen who originally requested that the item be placed on the agenda. If a request to remove an item is made by such a person, the item shall be removed from the agenda without requiring a motion, second or majority vote of that public body. B. If a City Council member, Trustee, staff member or citizen desires to remove an item from a City Council, Public Works Authority or Golf Authority agenda that he or she did not place on the agenda, a motion to postpone consideration of the item indefinitely must be made by a City Council member or Trustee during the meeting. The motion shall require a second, and must be approved by a majority vote of the City Council members or Trustees present in the meeting. If a request to remove an item from an agenda is approved by a majority vote, the item shall be stricken from the agenda, and consideration of the item shall be postponed indefinitely. The item may be placed on a subsequent agenda by a City Council member, Trustee, staff member or citizen. ADOPTED by the City Council of the City of Owasso, Oklahoma on the 17th day of March, 2009. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this 17th day of March, 2009. Julie Trout Lombardi City Attorney